Summons, Guardian Ad Litem, Lis Pendens v. Adrian C. Young and Stacy L. Squirewell

STATE OF SOUTH CAROLINA

COUNTY OF FAIRFIELD IN THE COURT OF COMMON PLEAS

SIXTH JUDICIAL CIRCUIT

C/A #: 2017-CP-20-00197

UNITED STATES OF AMERICA, ACTING THROUGH THE FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE, Plaintiff,

vs.

ADRIAN C. YOUNG and STACY L. SQUIREWELL, AS HEIRS AT LAW OF BARBARA J. MADRIC A/K/A BARBARA JEAN MADRIC, 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; FIRST FAMILY FINANCIAL SERVICES, INC.; PINNACLE CREDIT SERVICES LLC; LVNV FUNDING LLC; TD BANK, N.A.; FEDERAL HOME LOAN BANK OF ATLANTA; COMMUNITY ASSISTANCE PROVIDER, INC.; MIDLAND FUNDING LLC; and SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES – ESTATE RECOVERY, 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 June 26, 2017.

GRIMSLEY LAW FIRM, LLC

  1. O. Box 11682

Columbia, South Carolina 29211

(803) 233-1177

BY: s/Benjamin E. Grimsley

Benjamin E. Grimsley

Attorney for the Plaintiff

January 4, 2018

 

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.

GRIMSLEY LAW FIRM, LLC

  1. O. Box 11682

Columbia, South Carolina 29211

(803) 233-1177

BY: s/Benjamin E. Grimsley

Benjamin E. Grimsley

Attorney for the Plaintiff

January 4, 2018

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 Gene Proctor and Fanny Proctor to the Plaintiff, its successors and assigns, dated September 27, 1974, and recorded on September 27, 1974, in the office of the Clerk of Court for Fairfield County, South Carolina in Book 131 at Page 326 (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 Victor W. Varnadore and Cora E. Varnadore to the Plaintiff, its successors and assigns, dated July 21, 1978, and recorded on July 24, 1978, in the office of the Clerk of Court for Fairfield County, South Carolina in Book 145 at Page 269 (the “Second 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 Barbara J. Madric a/k/a Barbara Jean Madric, now deceased, to the Plaintiff, its successors and assigns, dated June 16, 1986, and recorded on June 16, 1986, in the office of the Clerk of Court for Fairfield County, South Carolina in Book 212 at Page 296 (the “Third 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 near the Town of Winnsboro, County of Fairfield, State of South Carolina, commencing at a point of the center line of a fifty foot dirt street and running in a northeasterly direction along said center line a distance of eighty (80’) feet; thence cornering and running in a southwesterly directly a distance of eighty (80’) feet; thence cornering and running a southeasterly direction to the point of commencement a distance of one hundred five (105’) feet, and being a portion of Lots 5 and 6 on a Stewart-McMeekin plat of West Drayton Street Extension and being more particularly shown on a plat prepared by W. D. Bozard dated August 21, 1972 and recorded in the office of the Clerk of Court for Fairfield County in Deed Book “EE” at page 533.

This being the same property conveyed to Gene Proctor and Fanny Proctor by Quitclaim Deed of the United States of America dated September 23, 1974 and recorded September 27, 1974 in the office of the Clerk of Court for Fairfield County in Deed Book “EM” at Page 144.  Subsequently, the same property was conveyed to Victor W. Varnadore and Cora E. Varnadore by deed of Gene Proctor and Fanny Proctor dated July 21, 1978 and recorded July 21, 1978 in the office of the Clerk of Court for Fairfield County in Deed Book “FE” at Page 311.  Subsequently, the same property was conveyed to Barbara J. Madric by deed of Victor W. Varnadore and Cora E. Varnadore dated June 16, 1986 and recorded June 16, 1986 in the office of the Clerk of Court for Fairfield County in Deed Book “IS” at page 270.

TMS#:126-01-02-030-000

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

  1. O. Box 11682

Columbia, South Carolina 29211

(803) 233-1177

BY: s/Benjamin E. Grimsley

Edward L. Grimsley

Benjamin E. Grimsley

Attorneys for the Plaintiff

June 22, 2017

2/1/18, 2/8/18, 2/15/18