Summons and Notices: CASE 2018-CP-20-416

STATE OF SOUTH CAROLINA

COUNTY OF FAIRFIELD

IN THE COURT OF COMMON PLEAS

6th Judicial Circuit

 

Malinda C. Craig, Alice Boulware, Robert Melvin Boulware, Willie Mae Crowder, Lee Cameron, Ida Bell Cameron Brown, Patricia Craig, Octavia Cameron, Theodore Cameron, Brenda Boone, Sylvia Cameron Johnson, Kinyada Bouknight, Linda Cameron, Robert Cameron, Reginald Rice, Willie Rice, Jr., Lugenia Duncan, Joacqunia Miller, Mark Rice, aka Mayya Rice, Regina Rice, Sandra Bell, Maggie Jane Bell, Catherine Bell, Charles Bell, Samuel Bell, III., and Roselyn Hough,                                                        Plaintiffs,

v.

Martha Canty, Nancy Graham, Carolyn Boulware, Bobby Green, Rebecca Hicks, Gerald Cameron, Delroy Cameron, Elizabeth Martin, Patricia Cammon, George Cammon, LaTonia Cammon, Andrea Stewart, Ernest Cammon, Jr., Elaine Cammon, Ernestine Cammon, Jean E. Boyd, John Ed Cammon, Diane Cammon Harris, James E. Cammon, Carolyn L. Cammon, Gary Rice, Randolph Williams, Greenbrook, Inc., William B. Patrick, Jr. as Trustee of the William B. Patrick Living Trust for Children, Harmon F. Patrick, M.D., Wateree Watershed Conservation District, South Carolina Department of Revenue, United States of America,  and (for those believed to be deceased as follows:  Mary Cameron aka Mary Camon, aka Mary Cammon, Anderson Camon, Sr., Eliza J. Cammon Boulware, John Boulware, Rosa Foster, Janie Green, Annette Cammon, Lee Cameron, Willie Lewis Cameron, John Cameron, Jackie Cameron, Nelson Cammon, Carl Cammon, Robert Cammon, John Cammon, Carolyn Cammon, Ernest Cammon, Anderson J. Cammon, II., Wyatt N. Cammon, Belle M. Cammon, Jim Ed Cammon, and  Rosa Cammon Rice, Will Rice, Alvin Rice, Morris Rice, Thomas Rice, Willie E. Rice, Louise Ruff, Charlotte Rice Lucas, Vander Rice, Mary I. Bell, and Reuben Harrison, all believed to be deceased but whose names are published herein to give notice of this action to any person claiming under them, (other than Plaintiffs) and (as Defendants whose true names are unknown for any reason including but not limited to marriage) any child, or children and heirs at law or devisees, distributees of the above named person if they or any of them be dead, and any and all persons entitled to claim by, through, or under him, or any of them;) also any and all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein, all such unknown adults who being as a class designated as John Doe, and all such persons who are under 18 years of age, incompetent, incarcerated, in the military service or

suffering from some other legal disability being as a class designated as Richard Roe,

Defendants.

 

SUMMONS

CASE 2018-CP-20-416

 

THE DEFENDANTS ABOVE-NAMED (AND TO THOSE DEFENDANTS NAMED IN THE CAPTION ABOVE AS JOHN DOE AND RICHARD ROE, THEIR NATURAL, GENERAL, OR TESTAMENTARY GUARDIANS, PARENTS, COMMITTEES, CONSERVATORS, PERSONS WITH WHOM THEY RESIDE OR ARE EMPLOYED, OR PERSONS HAVING CONTROL OVER SUCH LEGALLY INCAPACITATED PERSONS) PLEASE TAKE NOTICE:

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, (WHICH WAS FILED AT 11:56 AM ON THE 14th DAY OF November, 2018 in the Office of the Clerk of Court for Fairfield County a copy of which is herewith served upon you, and to serve a copy of you answer to the said Complaint on the subscriber at his office, 185 N. Palmer Street, (P.O. Box 450) Ridgeway, South Carolina 29130, within thirty (30) days after service thereof upon you, exclusive of the day of such service; and if you fail to answer the Complaint within the time aforesaid, the Plaintiffs in this action will apply to the Court for the relief demanded in the Complaint and Judgement by default will be rendered against you for the relief demanded in the Complaint.

ROBERT L. HARTMAN, III, PA

S/ROBERT L. HARTMAN, III.

Robert L. Hartman, III

Attorney for Plaintiffs

185 N. Palmer Street

P.O. Box 450

Ridgeway, S.C. 29130.

803-337-2231

Ridgeway, South Carolina

November 10, 2018

 

STATE OF SOUTH CAROLINA

COUNTY OF FAIRFIELD

IN THE COURT OF COMMON PLEAS

6th Judicial Circuit

 

Malinda C. Craig, Alice Boulware, Robert Melvin Boulware, Willie Mae Crowder, Lee Cameron, Ida Bell Cameron Brown, Patricia Craig, Octavia Cameron, Theodore Cameron, Brenda Boone, Sylvia Cameron Johnson, Kinyada Bouknight, Linda Cameron, Robert Cameron, Reginald Rice, Willie Rice, Jr., Lugenia Duncan, Joacqunia Miller, Mark Rice, aka Mayya Rice, Regina Rice, Sandra Bell, Maggie Jane Bell, Catherine Bell, Charles Bell, Samuel Bell, III., and Roselyn Hough,

Plaintiffs,

v.

Martha Canty, Nancy Graham, Carolyn Boulware, Bobby Green, Rebecca Hicks, Gerald Cameron, Delroy Cameron, Elizabeth Martin, Patricia Cammon, George Cammon, LaTonia Cammon, Andrea Stewart, Ernest Cammon, Jr., Elaine Cammon, Ernestine Cammon, Jean E. Boyd, John Ed Cammon, Diane Cammon Harris, James E. Cammon, Carolyn L. Cammon, Gary Rice, Randolph Williams, William B. Patrick, Jr. as Trustee of the William B. Patrick Living Trust for Children, Harmon F. Patrick, M.D., South Carolina Department of Revenue, United States of America, Founders Federal Credit Union, 1st Franklin Financial Corporation, MarkOne Financial, Regional Financial Corporation, Covington Credit and (for those believed to be deceased as follows:  Mary Cameron aka Mary Camon, aka Mary Cammon, Anderson Camon, Sr., Eliza J. Cammon Boulware, John Boulware, Rosa Foster, Janie Green, Annette Cammon, Lee Cameron, Willie Lewis Cameron, John Cameron, Jackie Cameron, Nelson Cammon, Carl Cammon, Robert Cammon, John Cammon, Carolyn Cammon, Ernest Cammon, Anderson J. Cammon, II., Wyatt N. Cammon, Belle M. Cammon, Jim Ed Cammon, and  Rosa Cammon Rice, Will Rice, Alvin Rice, Morris Rice, Thomas Rice, Willie E. Rice, Louise Ruff, Charlotte Rice Lucas, Vander Rice, and Mary I. Bell, all believed to be deceased but whose names are published herein to give notice of this action to any person claiming under them, (other than Plaintiffs) and (as Defendants whose true names are unknown for any reason including but not limited to marriage) any child, or children and heirs at law or devisees, distributees of the above named person if they or any of them be dead, and any and all persons entitled to claim by, through, or under him, or any of them;) also any and all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein, all such unknown adults who being as a class designated as John Doe, and all such persons who are under 18 years of age, incompetent, incarcerated, in the military service or suffering from some other legal disability being as a class designated as Richard Roe,

Defendants.

 

AMENDED SUMMONS

CASE 2018-CP-20-416

 

THE DEFENDANTS ABOVE-NAMED (AND TO THOSE DEFENDANTS NAMED IN THE CAPTION ABOVE AS JOHN DOE AND RICHARD ROE, THEIR NATURAL, GENERAL, OR TESTAMENTARY GUARDIANS, PARENTS, COMMITTEES, CONSERVATORS, PERSONS WITH WHOM THEY RESIDE OR ARE EMPLOYED, OR PERSONS HAVING CONTROL OVER SUCH LEGALLY INCAPACITATED PERSONS) PLEASE TAKE NOTICE:

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, (WHICH WAS FILED AT 3:58 PM on NOVEMBER 21, 2018) in the Office of the Clerk of Court for Fairfield County a copy of which is herewith served upon you, and to serve a copy of you answer to the said Complaint on the subscriber at his office, 185 N. Palmer Street, (P.O. Box 450) Ridgeway, South Carolina 29130, within thirty (30) days after service thereof upon you, exclusive of the day of such service; and if you fail to answer the Complaint within the time aforesaid, the Plaintiffs in this action will apply to the Court for the relief demanded in the Complaint and Judgement by default will be rendered against you for the relief demanded in the Complaint.

ROBERT L. HARTMAN, III, PA

S/ROBERT L. HARTMAN, III.

Robert L. Hartman, III

Attorney for Plaintiffs

185 N. Palmer Street

P.O. Box 450

Ridgeway, S.C. 29130.

803-337-2231

Ridgeway, South Carolina

21st day of November, 2018

 

NOTICE OF FILING OF SUMMONS AND COMPLAINT and AMENDED SUMMONS AND COMPLAINT

 

TO ALL DEFENDANTS LISTED IN THE CAPTION ABOVE AND ALL DEFENDANTS NAMED ABOVE WHO RESIDE OUTSIDE THE STATE OF SOUTH CAROLINA AND TO ALL DEFENDANTS WHOSE ADDRESSES ARE UNKNOWN, TAKE NOTICE:

You are hereby notified that the Summons in the within action, together with the Complaint in the action, were filed in the Office of the Clerk of Court for Fairfield County, Fairfield County Courthouse, 101 South Congress Street, Winnsboro, S.C. 29180 on November 14, 2018 at 11:56 am and the Amended Summons and Amended Complaint were filed on November 21st, 2018 at 3:58 PM in said Clerk’s Office.

 

NOTICE OF APPOINTMENT OF GUARDIAN AD LITEM, NISI

 

TO JOHN DOE  A FICTITIOUS PERSON REPRESENTING ALL UNKNOWN     DEFENDANTS , TAKE NOTICE:

You are hereby notified that unless you or some person in your behalf, within twenty (20) days of the service hereof upon you, exclusive of the day of such service, procures the appointment of a Guardian ad Litem Nisi to appear and defend this action on your behalf, the Order (filed in the Office of the Clerk of Court for Fairfield County S.C., 101 S. Congress Street, Winnsboro, S.C., 29180), on the 15th day of November, 2018  appointing John E. James, III. Attorney at Law, PO Box 329, Winnsboro, South Carolina, 29180, Phone 803-635-4234, as Guardian Ad Litem, Nisi, for you, will become absolute.

s/Robert L. Hartman, III

Robert L. Hartman, III

Attorney for the Plaintiffs

185 N. Palmer Street

P.O. Box 450

Ridgeway, S.C. 29130

803-337-2231

Ridgeway, S.C.

dated November 21, 2018.

 

NOTICE OF APPOINTMENT OF GUARDIAN AD LITEM, NISI

 

TO RICHARD ROE A FICTITIOUS PERSON REPRESENTING ALL UNKNOWN DEFENDANTS SUFFERING UNDER SOME LEGAL DISABILITY, TAKE NOTICE:

You are hereby notified that unless you or some person in your behalf, within twenty (20) days of the service hereof upon you, exclusive of the day of such service, procures the appointment of a Guardian ad Litem Nisi to appear and defend this action on your behalf, the Order (filed in the Office of the Clerk of Court for Fairfield County S.C., 101 S. Congress Street, Winnsboro, S.C., 29180), on the 15th day of November, 2018  appointing Glenn E. Bowens, Attorney at law, PO Box 424 Winnsboro, S.C. 29180 ph. 803-714-7766 , as Guardian Ad Litem, Nisi, for you, will become absolute.

S/ROBERT L. HARTMAN, III.

Robert L. Hartman, III

Attorney for the Plaintiffs

185 N. Palmer Street

P.O. Box 450

Ridgeway, S.C. 29130

803-337-2231

Ridgeway, S.C.

dated November 21, 2018

NOTICE OF RIGHT OF FIRST

REFUSAL

 

Pursuant to S.C. Code Ann Section 15-61-25 non-petitioning joint tenants or tenants in common who are interested in purchasing the property may notify the Court of that interest no later than ten (10) days prior to the date set for trial of this case.

S/ROBERT L. HARTMAN, III.

Robert L. Hartman, III

185 N. Palmer Street

Attorney for the Plaintiffs

P.O. Box 450

Ridgeway, S.C. 29130

803-337-2231

Ridgeway, South Carolina

Dated November 21, 2018.

 

AMENDED LIS PENDENS

2018-CP-20-416

 

NOTICE IS HEREBY GIVEN that an action has been, or will be  commenced in the Court of Common Pleas for Fairfield County, upon Complaint of the above-named Plaintiffs against the above-named Defendants for Partition, Quieting Title, Attorney fees, Easements and other related relief. The properties described below are the subject of this action:

 

All that certain piece, parcel, or lot of land, with improvements thereon, lying and  being near the Town of Winnsboro, near White Oak, County of Fairfield, State of South Carolina, containing 75.0 acres, more or less, and being bounded, now or formerly as follows: on the North by lands of Ruben Harrison Estate; on the Southeast by lands of William B. Patrick, Jr. as Trustee and Harmon F. Patrick, and lands of William B. Patrick, Jr. Trustee et.al.; on the South by lands of William B. Patrick;. Jr. et al., lands of Reuben Harrison Estate, and lands of Kenneth R. Felton and Belinda F. Felton, and on the Northwest by lands of American Timberland, LLC.

Tax Map #: 037-00-00-008-000

 

ALSO

LAND OF PATRICK:

 

All that certain piece, parcel or tract of land situate, lying, and being, in the County of Fairfield, State of South Carolina, containing 55 acres, more or less, being known generally as the Perry Field, and being bounded, now or formerly, as follows: on the north by property of Cameron and property of Harrison; on the east by the Bull Run Road; on the South by property of K.H. Patrick and on the West by property of W.B. Patrick.

This is the same property conveyed to William B. Patrick, Jr. and Harmon E. Patrick by deed of W.B. Patrick recorded May 5, 1076 in Deed Book ER at page 894 in the Office of the Clerk of Court for Fairfield County.

Thereafter, William B. Patrick, Jr. conveyed a 50% interest in the property to William B. Patrick, Jr. as Trustee of the William B. Patrick Living  Trust for Children by deed recorded February 15, 2017 in Record Book 1265 at page 187 in the Office of the Clerk of Court for Fairfield County.

Tax map #: 037-00-00-014-000

 

ROBERT L. HARTMAN, III, P.A.

By:S/ROBERT L. HARTMAN, III.

Robert L. Hartman, III

Attorney for Plaintiffs

PO Box 450

Ridgeway, S.C. 29130

803-337-2231

Ridgeway, South Carolina

Dated: NOVEMBER 21, 2018

 

ORDER FOR GUARDIANS

2018-CP-20-416

 

IT IS THEREFORE ORDERED THAT:

  1. John E. James, III, attorney, PO Box 329, Winnsboro, S.C. 29180 ph. 803-635-4234 be and is hereby appointed as Guardian Ad Litem, Nisi for all Defendants whose true names are unknown for any reason including but not limited to marriage, any child, or children and heirs at law or devisees, and distriubutees, of all the above named persons entitled to claim by, through, or under them, or any of them; also any and all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein, all such unknown adults who are sui juris being described as a class as John Doe.
  2. That Mr. James’ appointment shall be confirmed and made absolute in the event that no application for a substitute appointment is made by or on behalf of the said Defendants described above, the said Defendants described above, or some person on their behalf, within twenty (20) days of the service of this Order upon said Defendants.
  3. That Glenn Bowens, Attorney, PO Box 424, Winnsboro, S.C. 29180 ph. 803-714-7766 is hereby appointed as Guardian Ad Litem Nisi for all Defendants known and unknown, who suffer under some legal disability being all minors, persons incarcerated, persons incompetent, persons in the military service, or other persons suffering under some other legal disability who may have or claim some interest in or lien upon the subject property in the Complaint, being as a class designated as Richard Roe.
  4. That Mr. Bowens’ appointment shall be confirmed and made absolute in the event that no application for a substitute appointment is made by or on behalf of the said Defendants described above, or some person on their behalf, within twenty (20) days of the service of this Order upon said Defendants.
  5. That this Order be served upon the unknown Defendants under some legal disability, out of state Defendants under some legal disability, instate Defendants whose whereabouts are unknown under some legal disability, and all such Defendants being under some legal disability, by publication thereof in THE INDEPENDENT VOICE OF BLYTHEWOOD AND FAIRFIELD COUNTY, a newspaper of general circulation, in the County of Fairfield , State of South Carolina, once a week for three (3) consecutive weeks, along with the Summons of the action. Said publication is most likely to give notice to the said Defendants. This notice shall give the name and address of the Guardian Ad Litem Nisi, and the date the appointment becomes absolute.

IT IS SO ORDERED!

s/JUDY M. BONDS

Clerk of Court for Fairfield County

November 15, 2018

Winnsboro, South Carolina

 

ORDER FOR PUBLICATION

CASE 2018-CP-20-416

 

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

  1. Service of the Summons, Amended Summons, Amended Lis Pendens, Notice and Order Paragraph Appointing Guardians Ad Litem Nisi, and the Order Paragraph of this Order of Publication, shall be and is hereby ordered made on all of the Defendants listed in the caption to this case including the known and unknown out-of-state Defendants, known and unknown instate Defendants  whose whereabouts are unknown, or cannot be served personally, unknown Defendants being John Doe, and known and unknown Defendants under some disability listed in the caption to this as Richard Roe, in one newspaper being The Voice of Fairfield County, a newspaper printed in the County of Fairfield, once a week for three consecutive weeks. Such service being equivalent to personal service. Publication in The Voice of Fairfield County will most likely give notice to all listed Defendants, out-of-state known and unknown Defendants, instate known and unknown Defendants whose whereabouts are unknown, or cannot be personally served, unknown persons being known as John Doe, and unknown and known persons under disability, being Richard Roe, to be served.
  2. The Summons, and Amended Summons, as published, must state the time and place of filing.
  3. The Notice Appointing the Guardians Ad Litem Nisi shall also be published with the Summons and Amended Summons, giving the name and address of the Guardians, and the date the appointments become absolute and the Office in which the Order was filed.
  4. The Amended Lis Pendens as filed in the Clerk of Court’s Office should be published immediately following the Summons and Amended Summons.
  5. That on or before the date of the first publication of said Summons, and other processes mentioned, the Plaintiffs shall deposit (if possible) (and if not already done) a copy of said Summons and Amended Summons, and other papers mentioned, in the United States Post Office securely enclosed in an envelope, the postage duly prepaid thereon, certified mail, addressed to the known Defendants (except those who have accepted service) and the unknown Defendants being John Doe and Richard Roe unless it appears that said residence of the Defendants are neither known nor with reasonable diligence can be ascertained.
  6. The order paragraph of this Order for Publication shall also be published.
  7. Proper Service may also be made upon any of the Defendants by any other means.

8.That the Property involved in this suit being 75 acres is manifestly heirs property pursuant to S.C. Code Ann. Section 15-61-330, and that the case shall proceed and be governed by the provisions of Article 3 being 15-61-320 (5), (a), (b), (c), (I), (ii) and (iii).,

9.That the Plaintiff shall post within 10 days after the signing of this Order a conspicuous sign on the property that is the subject of this action. The sign must state that the action has been commenced and identify the name and address of the Court and the common designation by which the property is known (which is the “South Rice/Cammon Tract.”

10.The sign may only show the first named Plaintiff and Defendant.

IT IS SO ORDERED, ADJUDGED, AND DECREED.

ROGER E. HENDERSON

Circuit Court Judge

6th JUDICIAL CIRCUIT

June 3, 2019

Chesterfield, S.C.

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