• STATE OF SOUTH CAROLINA IN THE...

STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF YORK C/A NO.: 2017-CP-46-03623 Metlife Insurance Company USA, Plaintiff, SUMMONS AND NOTICES v. Any heirs-at-law or devisees of Deborah (Non-Jury) N. Thomas, deceased, their heirs, Personal Representatives, Administrators, FORECLOSURE Successors and Assigns, and all other persons OF REAL ESTATE or entities entitled to claim through them; all MORTGAGE unknown persons or entities with any right, title, estate, interest in or lien upon the real estate described in the complaint herein; also any persons who may be in the military service of the United States of America, being a class designated as Richard Roe; and any unknown minors, incompetent or imprisoned person, or persons under a disability being a class designated as John Doe; Charles Parker Jr.; Bank of America, N.A.; Manchester Village Property Owners Association, Inc., Defendant(s). TO THE DEFENDANT(S) ABOVE NAMED: YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, a copy of which is hereby served upon you, and to serve a copy of your Answer on the subscribers at their offices at 3800 Fernandina Road, Suite 110, Columbia, SC 29210, within thirty (30) days after the service hereof, exclusive of the day of such service; except that the United States of America, if named, shall have sixty (60) days to answer after the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint. TO MINOR(S) OVER FOURTEEN YEARS OF AGE, AND/OR TO MINOR(S) UNDER FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDES, AND/OR TO PERSONS 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 and Notice upon you. If you fail to do so, application for such appointment will be made by Attorney for Plaintiff. YOU WILL ALSO TAKE NOTICE that Plaintiff will move for an Order of Reference or the Court may issue a general Order of Reference of this action to a Master-in-Equity/Special Referee, pursuant to Rule 53 of the South Carolina Rules of Civil Procedure. YOU WILL ALSO TAKE NOTICE that under the provisions of S.C. Code Ann. ยง 29-3-100, effective June 16, 1993, any collateral assignment of rents contained in the referenced Mortgage is perfected and Attorney for Plaintiff hereby gives notice that all rents shall be payable directly to it by delivery to its undersigned attorneys from the date of default. In the alternative, Plaintiff will move before a judge of this Circuit on the 10th day after 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 herein and the Complaint attached hereto. LIS PENDENS NOTICE IS HEREBY GIVEN THAT an action has been or will be commenced in this Court upon complaint of the above-named Plaintiff against the above-named Defendant(s) for the foreclosure of a certain mortgage of real estate given by Deborah N. Thomas to Bank of America, N.A. dated December 20, 2002 and recorded on December 30, 2002 in Book 4897 at Page 223 and rerecorded on February 4, 2003 in Book 4996, Page 5, in the York County Registry (hereinafter, "Mortgage"). Thereafter, the Mortgage was transferred to the Plaintiff herein by assignment and/or corporate merger. The premises covered and affected by the said Mortgage and by the foreclosure thereof were, at the time of the making thereof and at the time of the filing of this notice, more particularly described in the said Mortgage and are more commonly described as: All that certain piece, parcel or lot of land lying, being and situate in the City of Rock Hill, York County, South Carolina, and being designated as Lot 13 (528 Wilmslow Road) as shown on plat entitled "Final Plat for Machester Village, Site 8F, Ardwyck at Manchester Village, Phase I" drawn by Timothy R. Kiser, Registered PE, of Williams Engineering, Inc., dated September 1, 2000 and recorded March 20, 2001 in Plat Book B-321, Page 9 in the Office of the Clerk of Court for York County, South Carolina, which plat is incorporated herein by reference and having such metes and bounds, courses and distances as by reference to said plat will more fully appear. This being the same property conveyed to Deborah N. Thomas by Deed of Ardwick Town homes, LLC dated December 20, 2002 and recorded December 30, 2002 in Book 4897 at Page 220, re-recorded February 4, 2003 in Book 4996 at Page 2 in the records for York County, South Carolina. TMS No. 667-05-01-007 Property Address: 528 Wilmslow Road, Rock Hill, SC 29730 NOTICE OF FILING COMPLAINT TO THE DEFENDANTS ABOVE NAMED: YOU WILL PLEASE TAKE NOTICE that the original Complaint, Cover Sheet for Civil Actions and Certificate of Exemption from ADR in the above entitled action was filed in the Office of the Clerk of Court for York County on December 6, 2017. A Notice of Foreclosure Intervention was also filed in the Clerk of Court's Office. 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 Kelley Woody, Esquire as Guardian ad Litem for unknown minors, and persons who may be under a disability, and it appearing that Kelley Woody, Esquire has consented to said appointment. FURTHER upon reading the filed Petition for Appointment of Kelley Woody, 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 Servicemember's Civil Relief Act, and any amendments thereto, and it appearing that Kelley Woody, Esquire has consented to act for and represent said Defendants, it is ORDERED that Kelley Woody, Esquire, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, be and hereby is appointed Guardian ad Litem 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 528 Wilmslow Road, Rock Hill, South Carolina 29730; that he 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. AND IT IS FURTHER ORDERED that Kelley Woody, Esquire, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, 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 aka Soldiers' and Sailors' Civil Relief Act of 1940, and any amendments thereto, to represent and protect the interest of said Defendants, AND IT IS FURTHER ORDERED That a copy of this Order shall be forth with 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 of Complaint in the above entitled action. Brock & Scott, PLLC 3800 Fernandina Road, Suite 110 Columbia, SC 29210 Phone 844-856-6646 Fax 803-454-3451 Attorneys for Plaintiff 3524766