STATE OF SOUTH CAROLINA COUNTY OF FAIRFIELD IN THE COURT OF COMMON PLEASE C/A NO. 2017-CP-20-0070

STATE OF SOUTH CAROLINA

COUNTY OF FAIRFIELD

IN THE COURT OF COMMON PLEAS

2017-CP-20-0070

NOTICE OF PENDENCY OF ACTION

Phillips Granite Company,

Plaintiff

vs.

John Doe and Mary Roe, fictitious names used to represent all unknown persons claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint,

Defendants

NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in this Court upon the Complaint of the above named plaintiff against the above named defendants and that said action is brought pursuant to §15-53-10 through §15-53-140, Code of Laws of South Carolina (1976), said action being generally designated as Uniform Declaratory Judgment Act, for the purpose of determining the respective owners of the land hereinafter described and for the further purpose of barring any claims, if any there be, of all unknown persons who might claim any right, title, estate in or lien upon the real estate described in the Complaint herein, after the removal of said claims, pursuant to §15-67-10 through §15-67-100, Code of Laws of South Carolina (1976). The premises affected by said claim in the action thereby commenced were at the time of the commencement of this action and at the time of the filing of this notice, described in the Complaint, as follows:

All that piece, parcel or strip of land, lying, being, and situate in the State of South Carolina, County of Fairfield, being shown as a “40 ‘ Wide Unnamed Street Plat Book 4, Pages 19 and 20” on a plat prepared by Glenn Associates Surveying, Inc., dated August 4, 2016, and recorded in the Office of the Clerk of Court for Fairfield County in Plat Slide 605, at page 2602. As shown on said plat, the “40’ Wide Unnamed Street Plat Book 4, Pages 19 and 20” exits Sandifer Road and traverses in a southerly and then southeasterly direction and passes through a building and then terminates at the right of way of Norfolk Southern Railway Company. Reference is also craved to the aforementioned Plat Book 4, at pages 19 and 20, prepared by Jason C. Covington, C.E., recorded November 18, 1944, for further rendition of the property, as well as the aerial photograph of the property attached hereto and incorporated herein. This property is a part of the Fairfield County Assessor’s tax map number 145-01-36-020-000.

SUMMONS

Phillips Granite Company,

Plaintiffs

vs.

John Doe and Mary Roe, fictitious names used to represent all unknown persons claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint,

Defendants

TO THE DEFENDANT(S) ABOVE NAMED

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your Answer to said Complaint upon the subscriber, at his office at 111-A South Congress Street, Winnsboro, South Carolina, within thirty (30) days after the service hereof, exclusive of the day of such service. If you fail to answer the Complaint within the time aforesaid, plaintiffs will apply to the Court for the relief demanded in the Complaint and judgment by default will be rendered against you for the relief demanded in the Complaint.

If you fail to answer the Complaint within the time aforesaid, not less than ten (10) days after the time for answering has elapsed, plaintiffs will apply for a hearing before a Special Referee for Fairfield County, which hearing shall be held to obtain a final order and judgment of all issues in this action, whether a matter of fact or law, or both; and said hearing shall be held before a Special Referee for Fairfield County, or any successor Special Referee for Fairfield County, who shall enter final judgment.

DATED at Winnsboro, South Carolina, this 15th day of March, 2017.

John E. James, III

Attorney for Plaintiffs

P.O. Drawer 329

111-A S. Congress Street

Winnsboro, SC 29180

TO ALL OF THE ABOVE NAMED DEFENDANTS, INCLUSIVE OF ALL PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, INTEREST IN OR LIEN UPON THE REAL ESTATE DESCRIBED IN THE COMPLAINT, INCLUSIVE OF SUCH PERSONS WHETHER INFANTS OR UNDER OTHER LEGAL DISABILITY, AND IN THE CASE OF INFANTS UNDER THE AGE OF FOURTEEN (14) YEARS OR PERSONS MENTALLY INCOMPETENT, TO THEIR PARENTS OR THE PERSONS WITH WHOM THEY RESIDE, OR THEIR CONSERVATOR, IF THEY HAVE ONE,

T A K E N O T I C E

That unless you apply for the appointment of a Guardian ad Litem within thirty (30) days after the service of this notice upon you, exclusive of the date of service, application will be made in your behalf by the plaintiff in this action for the appointment of a Guardian ad Litem to represent your interest in said action.

That Ernest M. Spong, III, has been appointed as Guardian ad Litem nisi for all defendants impleaded herein who may be infants or under other legal disability.

The original Summons, Complaint,

Notice of Pendency of Action, Order of Publication and Order appointing Guardian ad Litem nisi were filed in the Office of the Clerk of Court for Fairfield County on the 15th day of March, 2017.

John E. James, III

Attorney for Plaintiff

P. O. Box 329

111-A S. Congress Street

Winnsboro, SC 29180

803-635-4234

803-712-6943 (fax)

March 15, 2017

04/06/17, 04/13/17, 04/20/17

 

Contact us: (803) 767-5711 | P.O. Box 675, Blythewood, SC 29016 | [email protected]