• STATE OF SOUTH CAROLINA COUNTY...

STATE OF SOUTH CAROLINA COUNTY OF YORK IN THE COURT OF COMMON PLEAS C/A NO.: 2019-CP-46-00019 Lakeview Loan Servicing, LLC Plaintiff, vs. Gina Mancuso, Individually and as Personal Representative of the Estate of Anthony T. Iannolo; John Doe and Richard Roe, as Representatives of all Heirs and Devisees of Anthony T. Iannolo, Deceased, and all persons entitled to claim under or through them; also, all other persons or corporations unknown claiming any right, title, interest in or lien upon the real estate described herein, any unknown adults, whose true names are unknown, being as a class designated as John Doe, and any unknown infants, persons under disability, or persons in the Military Service of the United States of America, whose true names are unknown, being as a class designated as Richard Roe; Darlene Whitton; Thomas Iannolo; Cobblestone Village Homeowners Association, Inc., Defendant(s). SUMMONS AND NOTICES (Non-Jury) FORECLOSURE OF REAL ESTATE MORTGAGE 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 508 Hampton Street, Suite 301, Columbia, SC 29201, 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. 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. 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 the Plaintiff. 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 Anthony T. Iannolo and Ruth Ann Iannolo to Mortgage Electronic Registration Systems, Inc. as nominee for Movement Mortgage, LLC dated September 26, 2016 and recorded on October 3, 2016 in Book 15963 at Page 202, in the York County Registry (hereinafter, "Subject Mortgage"). Thereafter, the Mortgage was transferred to the Plaintiff herein by assignment. 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 County of York, State of South Carolina, Ebenezer Township, and being shown and designated as Lot 18 of Cobblestone Subdivision, f/k/a Richards Landing upon Plat of entitled "Plat of Subdivision for James Warner Southern Development Group" prepared by Enfinger & Associates, SCPLS, dated December 1, 2003 and recorded in the Office of the Clerk of Court of York County, South Carolina, in Plat Book C-253, Page 8 in the Office of the Clerk of Court of York County, South Carolina. Reference to said plat is hereby made for a more particular description as to metes and bounds. This being the identical property conveyed to Ruth Ann Iannolo and Anthony T. Iannolo by deed of Walter Tomaszewski and Gwen Tomaszewski dated September 26, 2016 and recorded October 3, 2016 in Book 15963 at Page 199. Parcel No. 5850000222 Property Address: 4030 Navajo Court, Rock Hill, SC 29732 ORDER APPOINTING GUARDIAN AD LITEM AND APPOINTMENT OF ATTORNEY FOR UNKNOWN DEFENDANTS IN MILITARY SERVICE It appearing to the satisfaction of the Court, upon reading the filed Petition for Appointment of J. Marshall Swails, Esquire as Guardian ad Litem for known and unknown minors, and for all persons who may be under a disability, and it appearing that J. Marshall Swails, Esquire has consented to said appointment, it is FURTHER upon reading the Petition filed by Plaintiff for the appointment of an attorney to represent 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 J. Marshall Swails, Esquire has consented to act for and represent said Defendants, it is ORDERED that J. Marshall Swails, Esquire 8 Williams Street, Greenville, SC 29601 phone (864) 233-6225, be and hereby is appointed Guardian ad Litem on behalf of all known and 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 4030 Navajo Court, Rock Hill SC 29732; 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 J. Marshall Swails, Esquire of 8 Williams Street, Greenville, SC 29601 phone (864) 233-6225, 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 Servicemembers' 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 or another suitable 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. NOTICE OF FILING COMPLAINT TO THE DEFENDANTS ABOVED 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 January 3, 2019. J. Martin Page, SC Bar No. 100200 Michael C. Masciale SC Bar No. 103819 508 Hampton Street, Suite 301 Columbia, SC 29201 Phone (803) 509-5078 4173443