• NOTICE OF ACTION STATE OF SOU...

NOTICE OF ACTION STATE OF SOUTH CAROLINA COUNTY OF YORK IN THE COURT OF COMMON PLEAS CASE NO. 2016-CP-46-02892 PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, RUSSELL V. WORKMAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD M. WORKMAN; ANY AND ALL CHILDREN AND HEIRS AT LAW, DISTRIBUTEES AND DEVISEES OF THE ESTATE OF RICHARD M. WORKMAN, AND IF ANY OF THE SAME BE DEAD, ANY AND ALL PERSONS ENTITLED TO CLAIM UNDER OR THROUGH THEM, ALSO ALL OTHER PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, INTEREST OR LIEN UPON THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN, ANY UNKNOWN ADULTS, ANY UNKNOWN INFANTS OR PERSONS UNDER DISABILITY, BEING A CLASS DESIGNATED AS JOHN DOE OR PERSONS IN THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA, BEING A CLASS DESIGNATED AS RICHARD ROE; MARY A. WORKMAN, AND IF MARY A. WORKMAN BE DECEASED, THEN ANY AND ALL CHILDREN AND HEIRS AT LAW, DISTRIBUTEES AND DEVISEES AND IF ANY OF THE SAME BE DEAD, ANY AND ALL PERSONS ENTITLED TO CLAIM UNDER OR THROUGH THEM, ALSO ALL OTHER PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, INTEREST OR LIEN UPON THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN, ANY UNKNOWN ADULTS, ANY UNKNOWN INFANTS OR PERSONS UNDER DISABILITY, BEING A CLASS DESIGNATED AS JANE DOE OR PERSONS IN THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA, BEING A CLASS DESIGNATED AS MARY ROE; RICHARD MARK WORKMAN, SR.; RICHARD MARK WORKMAN, JR., Defendants. ORDER APPOINTING GUARDIAN AD LITEM AND APPOINTMENT OF ATTORNEY It appearing to the satisfaction of the Court, upon reading the filed Petition for Appointment of Kevin T. Hardy, Esquire as Guardian ad Litem for unknown minors, and persons who may be under a disability, and it appearing that Kevin T. Hardy, Esquire has consented to said appointment. FURTHER upon reading the filed Petition for Appointment of Kevin T. Hardy, Esquire as Attorney for any unknown Defendants who may be in the Military Service of the United States of America, and may be, as such, entitled to the benefits of the Servicemembers' Civil Relief Act, and any amendments thereto, and it appearing that Kevin T. Hardy, Esquire has consented to act for and represent said Defendants; IT IS HEREBY ORDERED that Kevin T. Hardy, Esquire, 2309 Devine Street, Columbia, SC 29205, with contact number of (803) 771-0936, be and hereby is appointed Guardian ad Litem Nisi on behalf of all unknown minors and all unknown persons who may be under a disability, all of whom may have or claim to have some interest or claim to the real property commonly known as 826 Blackmon Street, Rock Hill, SC 29730; that he/she is empowered and directed to appear on behalf of and represent said Defendants, unless said Defendants, or someone on their behalf, shall within thirty (30) days after service of a copy hereof as directed, procure the appointment of Guardian or Guardians ad Litem for said Defendants. The appointment herein shall otherwise continue and then terminate upon the dismissal of this case or upon final disposition of all matters herein via sale, eviction of occupants (if required), or upon final disposition of any appeal. IT IS FURTHER ORDERED that Kevin T. Hardy, Esquire, be and hereby is appointed Attorney for any unknown Defendants who are, or may be, in the Military Service of the United States of America and as such are entitled to the benefits of the Servicemember's Civil Relief Act a/k/a Soldiers' and Sailors' Civil Relief Act of 1940, and any amendments thereto, to represent and protect the interest of said Defendants. The appointment herein shall terminate upon the dismissal of this case or upon final disposition of all matters herein via sale, eviction of occupants (if required), or upon final disposition of any appeal. AND IT IS FURTHER ORDERED that a copy of the Order shall be forthwith served upon said Defendants by publication in The Herald a newspaper of general circulation published in the County of York State of South Carolina, once a week for three (3) Consecutive weeks, together with the Summons and Notice of filing Complaint in the above entitled action. SUMMONS FIRST CAUSE OF ACTION Foreclosure Deficiency Judgment Waived (Non-Jury) TO THE DEFENDANTS NAMED ABOVE: 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 persons whose names are subscribed below, at 1001 Washington Street, Suite 300, Columbia, SC 29201, within thirty (30) days (except that the United States of America, or any Agency or Department thereof, shall Answer the Complaint in this action within sixty (60) days) after the service hereof, 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 the relief demanded in the Complaint. YOU WILL ALSO TAKE NOTICE that the undersigned attorneys, on behalf of the Plaintiff herein, will seek an Order of Reference to the Master in Equity or Special Referee for York County, South Carolina, with final appeal to the South Carolina Supreme Court, pursuant to Rule 53 of the South Carolina Rules of Civil Procedure. TO MINORS OVER FOURTEEN (14) YEARS OF AGE, AND/OR TO MINORS UNDER FOURTEEN (14) YEARS OF AGE AND THE PERSON(S) WITH WHOM THE MINORS RESIDE, AND/OR TO PERSON(S) 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 upon you. If you fail to do so, application for such appointment will be made by Stern & Eisenberg Southern, PC. YOU WILL ALSO TAKE NOTICE that, under the provisions of title 29, section 100 of the South Carolina Code, effective June 16, 1993, any collateral assignments of rents contained in the attached mortgage are perfected and the Plaintiff hereby gives notice that all rents shall be payable directly to it by delivery to its undersigned attorneys from the date of default. S.C. Code Ann. ยง 29-3-100 (2007). In the alternative, Stern & Eisenberg Southern, PC, will move before a judge of this Circuit on the 10th day of 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 OF FILING COMPLAINT YOU WILL PLEASE TAKE NOTICE that the Lis Pendens, Summons and Complaint were filed in the Office of the Clerk of Court for York County on September 30, 2016. Elizabeth R. Polk, SC Bar No. 11673 Andrew M. Wilson, SC Bar No. 72553 Stern & Eisenberg Southern, PC 1709 Devonshire Drive Columbia, South Carolina 29204 Telephone: (803) 462-5006 Fax: (803) 929-0830 Attorneys for Plaintiff 3664426