Order Appointing Guardian Ad Litem – C/A NO. 2019-CP-20-00472

ORDER APPOINTING GUARDIAN AD LITEM STATE OF SOUTH CAROLINA COUNTY OF FAIRFIELD IN THE COURT OF COMMON PLEAS C/A NO. 2019-CP-20-00472 Kondaur Capital Corporation, not in its individual capacity but solely in its capacity as Separate Trustee of Matawin Ventures Trust Series 2019-3, Plaintiff vs. The Personal Representative, if any, whose name is unknown, of the Estate of Iris Bowers aka Iris J. Bowers aka Iris Jeanne Bowers; Frank Panarello, Judy A. Panarello, Linda James, and any other Heirs-at-Law or Devisees of Iris Bowers aka Iris J. Bowers aka Iris Jeanne Bowers, 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 estate described 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 disability being a class designated as Richard Roe and The South Carolina Department of Motor Vehicles, Defendants. It appearing to the satisfaction of the Court, upon reading the Motion for the Appointment of Kelley Y. Woody, Esquire as Guardian ad Litem for all unknown persons and persons who may be in the military service of the United States of America (which are constituted as a class designated as “John Doe”) and any unknown minors and persons who may be under a disability (which are constituted as a class designated as “Richard Roe”), it is ORDERED that, pursuant to Rule 17, SCRCP, Kelley Y. Woody, Esquire is appointed Guardian ad Litem on behalf of all unknown persons and persons who may be in the military service of the United States of America (constituted as a class and designated as “John Doe”), all unknown minors or persons under a disability (constituted as a class and designated as “Richard Roe”), all of which have or may claim to have some interest in the property that is the subject of this action, commonly known as 548 Landscape Road, Ridgeway, SC 29130, that Kelley Y. Woody, Esquire is empowered and directed to appear on behalf of and represent all unknown persons and persons who may be in the military service of the United States of America, constituted as a class and designated as “John Doe”, all unknown minors and persons under a disability, constituted as a class and designated as “Richard Roe”, unless the Defendants, or someone acting on their behalf, shall, within thirty (30) days after service of a copy of this Order as directed below, procure the appointment of a Guardian or Guardians ad Litem for the Defendants constituted as a class designated as “John Doe” or “Richard Roe”. IT IS FURTHER ORDERED that a copy of this Order shall be served upon the unknown Defendants by publication in the Independent Voice, a newspaper of general circulation in the County of Fairfield, State of South Carolina, once a week for three (3) consecutive weeks, together with the Summons in the above entitled action. SUMMONS AND NOTICE TO THE DEFENDANT(S) ALL UNKNOWN PERSONS WITH ANY RIGHT, TITLE OR INTEREST IN THE REAL ESTATE DESCRIBED 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 DISABILITY BEING A CLASS DESIGNATED AS RICHARD ROE; YOU ARE HEREBY SUMMONED and required to answer the Complaint in the above action, a copy which is herewith served upon you, and to serve a copy of your Answer upon the undersigned at their offices, 2838 Devine Street, Columbia, South Carolina 29205, within thirty (30) days after service upon you, exclusive of the day of such service, and, if you fail to answer the Complaint within the time aforesaid, judgment by default will be rendered against you for relief demanded in the Complaint. NOTICE NOTICE IS HEREBY GIVEN that the original Complaint in this action was filed in the office of the Clerk of Court for Fairfield County on December 17, 2019. NOTICE OF PENDENCY OF ACTION NOTICE IS HEREBY GIVEN THAT an action has been commenced and is now pending or is about to be commenced in the Circuit Court upon the complaint of the above named Plaintiff against the above named Defendant for the purpose of foreclosing a certain mortgage of real estate heretofore given by Iris J. Bowers to Kondaur Capital Corporation, not in its individual capacity but solely in its capacity as Separate Trustee of Matawin Ventures Trust Series 2019-3 bearing date of December 27, 2005 and recorded January 9, 2006 in Mortgage Book 759 at Page 288 and re-recorded on November 13, 2006 in Book 811 at Page 97 in the Register of Mesne Conveyances/Register of Deeds/Clerk of Court for Fairfield County, in the original principal sum of Ninety Seven Thousand Five Hundred and 00/100 Dollars ($97,500.00). Thereafter, by assignment recorded on April 13, 2016 in Book 1226 at Page 275, the mortgage was assigned to The Secretary of Housing and Urban Development; thereafter, by assignment dated October 23, 2019 the Mortgage was assigned unto the Plaintiff, which assignment is to be recorded in said ROD Office., and that the premises effected by said mortgage and by the foreclosure thereof are situated in the County of Fairfield, State of South Carolina, and is described as follows: All that certain piece, parcel or lot of land with the improvements thereon, situate, lying and being in the County of Fairfield, State of South Carolina, the same being shown as Lot 1, 2.01 Acres on a plat prepared for Iris Jeanne Bowers by Russell Monroe Clowney dated January 14, 1998, recorded January 21, in Book 575 at Page 1548, Fairfield County records. Reference is made to said plat for a more complete and accurate description. TMS No. 200-00-00-020-000 Property Address: 548 Landscape Road, Ridgeway, SC 29130 Riley Pope & Laney, LLC Post Office Box 11412 Columbia, South Carolina 29211 Telephone (803) 799-9993 Attorneys for Plaintiff
1/23/2020, 1/30/2020, 2/6/2020