Public Notices
Public Notices
NOTICE OF PUBLIC SALE
The following vehicles(s) or other property are subject to towing, repair and/or storage liens, are declared to be abandoned pursuant to Section 56-5-5810, 56-5-5636 and 29-15-10 SC Law as Amended, and are in the custody of City Garage and Body Shop, 436 Superior Street, Columbia, SC 29205.
1998 Toyota Sienna
Vin# 4T3ZF13C5WU048857
Owner (UNKnown)
Lienholder(UNKnown)
Accrued Charges $ 770.00
1999 Chevrolet Blazer
Vin# 1GNDT13W0X2232330
Owner (UNKnown)
Lienholder (UNKnown)
Accrued Charges $ 2730.00
The owner and/or lienholder may reclaim your vehicle or other property within fifteen (15) days of this notice by paying to the custodian of the vehicle all towing, preservation, repair and storage charges authorized by law. Additional storage and/or processing costs may be added after the date of this notice.
The failure of the owner and/or lienholder to exercise their right to reclaim the vehicle or other property within the time provided may be deemed a waiver of all right, title and interest in the vehicle or property and their consent to sale of the vehicle or property at public auction. Sale will take place on the first Monday of the month following the expiration of 30 days from the date of this notice. Public sale will take place at the business of the custodian of the vehicle or property at 10 o’clock AM.
Dated this 6th day of September, 2005
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE CIRCUIT COURT
(Non-Jury - Foreclosure)
2005-CP-40-3325
Household Finance Corporation II,
Plaintiff,
vs.
Carl Brown, Audrey Brown, Capital Center, Executive Suites, Inc., Victory State Bank, Safeway Finance Corp., Richland Memorial Hospital n/k/a Palmetto Health Richland, BB&T Recovery Center, American General Finance, Inc., n/k/a American General Financial Services, Inc., County of Richland, and Columbia SC Teachers Federal Credit Union,
Defendants.
TO THE DEFENDANT(S) ABOVE NAMED:
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 said Complaint upon the subscriber, at
his office, P. 0. Box 50143, Columbia, South Carolina 29250, within thirty (30) days after the service hereof,
exclusive of the day of such service; and if you fail to answer the Complaint in the time aforesaid, a judgment
by default will be rendered against you for the relief demanded in the Complaint.
NOTICE OF FILING COMPLAINT
TO THE ABOVE NAMED DEFENDANT(S):
YOU WILL PLEASE TAKE NOTICE that the original Complaint in the above-styled action was filed in the Office of the Clerk of Court for Richland County on July 11, 2005.
JAMES C. HARRISON, JR., P.A.
Attorney for Plaintiff
P.O. Box 50143
Columbia, SC 29250
(803) 779-2211
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE MAGISTRATE'S COURT
(Judge C.L. Stocker's District)
(Jury Trial Requested)
Case#05-CV-40-112-0143
Israel Cannon, Plaintiff,
vs.
Tyrone Q. Holloway, Defendant.
TO THE ABOVE-NAMED DEFENDANT, Tyrone Q. Holloway:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action of which a copy is herewith served upon you and to serve a copy of your Answer to the said Complaint on the subscriber at his office, 1419 Bull Street, Columbia, South Carolina 29201, within thirty (30) days from the date of service hereof, exclusive of the date 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 ARE HEREBY NOTIFIED that the Summons and Complaint in the above-entitled action was filed in the Hopkins Magistrate Court, Judge Clemon L. Stocker's District, on May 27, 2005.
YOU ARE HEREBY NOTIFIED that if you fail to answer the Summons and Complaint within the time aforesaid, judgment by default will be rendered against you for the relief demanded in said Complaint.
BARRY B. GEORGE
ATTORNEY FOR THE PLAINTIFF
1419 Bull Street
Columbia, SC 29201
(803) 254-7222
8-16-05
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE
MAGISTRATE'S COURT
(Judge C.L. Stocker's District)
Case #05-CV-40-112-0178
(Jury Trial Requested)
Joel Adams,
Plaintiff,
vs.
Justin Atkinson and Peggy Marshall,
Defendants.
TO THE ABOVE-NAMED DEFENDANT, Justin Atkinson:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action of which a copy is herewith served upon you and to serve a copy of your Answer to the said Complaint on the subscriber at his office, 1419 Bull Street, Columbia, South Carolina 29201, within thirty (30) days from the date of service hereof, exclusive of the date 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 ARE HEREBY NOTIFIED that the Summons and Complaint in the above-entitled action was filed in the Hopkins Magistrate Court, Judge demon L. Stocker's District, on July 11, 2005.
YOU ARE HEREBY NOTIFIED that if you fail to answer the Summons and Complaint within the time aforesaid, judgment by default will be rendered against you for the relief demanded in said Complaint.
BARRY B. GEORGE
ATTORNEY FOR THE PLAINTIFF
1419 Bull Street
Columbia, SC 29201
(803) 254-7222
8-16-05
SUMMONS AND NOTICES
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
(NON-JURY MORTGAGE FORECLOSURE)
IN THE COURT OF
COMMON PLEAS
2004-CP-40-5272
MidFirst Bank,
PLAINTIFF,
vs.
Catherine A. Collins a/k/a Catherine Alexander Collins; Karla M. Fraser; Clifford P. Loveland; Marie K. Loveland; and Harbison Community Association, Inc.,
DEFENDANTS.
TO THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of which is herewith served upon you, or to otherwise appear and defend, and to serve a copy of your Answer to said Complaint upon the subscribers at their office, 3955 Faber Place, Suite 105, North Charleston, South Carolina, 29415, within thirty (30) days after 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 answer the Complaint within the time aforesaid, or otherwise appear and defend, the Plaintiff in this action will apply to the Court for the relief demanded therein, and 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 the Plaintiff.
YOU WILL ALSO TAKE NOTICE that should you fail to answer the foregoing Summons, the Plaintiff will move for a general Order of Reference to the Master in Equity for Richland County, which Order shall, pursuant to Rule 53(b) of the South Carolina Rules of Civil Procedure, specifically provide that the said Master in Equity is authorized and empowered to enter a final judgment in this action.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, South Carolina 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
NOTICE OF FILING COMPLAINT
NOTICE IS HEREBY GIVEN that the original Complaint in the above entitled action, together with the Summons, was filed in the Office of the Clerk of Court for Richland County on November 8, 2004 at 3:38 p.m.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, South Carolina 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
LIS PENDENS
NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in this court upon Complaint of the above-named Plaintiff against the above-named Defendants for foreclosure of a certain mortgage of real estate given by Clifford T. Loveland and Marie K. Loveland to Midland Mortgage Corporation, in the amount of $60,150.00 dated October 6, 1989, and recorded in the Office of the Register of Deeds for Richland County in Book M1226 at Page 731 on October 10, 1989.
The premises covered and affected by the said mortgage as by the foreclosure thereof, were, at the time of the making thereof, and at the time of the filing of this Notice, described as follows:
All that certain piece, parcel, or lot of land, together with any improvements thereon, situate, lying and being in the County of Richland, State of South Carolina, and being shown and designated as Lot 96, Block 51 on a plat of Harbison, Portion of Phase I, prepared by Johnny T. Johnson & Associates, Inc. dated November 4, 1982 and recorded in the Office of the R.M.C. for Richland County in Plat Book Z at Page 3355; and the same also being shown on a plat prepared for Clifford P. Loveland and Marie Loveland by Belter & Associates, Inc. dated September 26, 1989, and recorded in the Office of the R.M.C. for Richland County in Plat Book 52 at Page 7972, and having the same boundaries and measurements as shown on said latter plat.
TMS#: 05010-01-05
Property Address:
109 Forestview Circle, Columbia, SC
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
N.Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
Charleston, South Carolina
November 8, 2004
ORDER OF PUBLICATION
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
2005-CP-40-04331
The Housing Authority of the City of Columbia, South Carolina,
Condemnor,
vs.
ORA JONES a/k/a OLER JONES (as life tenant) with remainder men holding undivided interests in fee, namely: EDDIE JONES, ANNIE S. JONES, MARTHA JONES, BURNELL JONES, ROMAN JONES, MARY JONES, RENE JONES CLARK, and C.I. JONES, (“Landowners of Record”), and all other persons claiming any right, title or interest in the subject property by or through them, whether they be adults, minors, incompetents, or members of the military services of the United States of America (Unknown Claimants); SEARS, ROEBUCK AND CO.; PALMETTO HEALTH ALLIANCE DBA PALMETTO RICHLAND MEMORIAL HOSPITAL; G.E. CAPITAL MORTGAGE SERVICES, INC.; JAKE REED & BRENDA REED; GREENWOOD TRUST t/a THE DISCOVER CARD; TICO CREDIT; STATE OF SOUTH CAROLINA (S.C. DEPARTMENT OF REVENUE); UNITED STATES OF AMERICA (INTERNAL REVENUE SERVICE); (Other Claimants),
Landowners / Other Claimants Unknown Claimants
Upon reading and filing the within Affidavit for Publication, and upon consideration of same, it appears to my satisfaction that the Landowners and Unknown Claimants may reside inside or outside the State of South Carolina; and the Condemnor, with reasonable diligence cannot ascertain the identities or the addresses or the whereabouts of the unknown parties; it further appears that some of the Landowners, and Unknown Claimants may be infants or suffering from other legal disabilities, or may be serving in the military service of the United States of America; therefore, it is
ORDERED that the Notice of Condemnation and Tender of Payment, the Affidavit of Tender and of Taking of Possession, the Notice of Appearance Nisi (pertaining to the appointment of guardian ad litem nisi and attorney for said unknown parties); this Order of Publication, and a Lis Pendens relating to this eminent domain proceeding shall be published once a week for three consecutive weeks in The Columbia Star, a newspaper of general circulation within Richland County (the situs of the property to be taken), likely to give such Landowners and Unknown Claimants proper notice of this proceeding. It also appears to this court that the whereabouts and last known addresses of all Landowners (except Mary Jones at 580 Lexington Avenue, Brooklyn, N.Y. 11221) and Unknown Claimants are unknown to the Condemnor, it is
ORDERED that the requirement of mailing the notices to the last known addresses of such Landowners and Unknown Claimants that are unknown Claimants be and is hereby dispensed with; however,
IT IS FURTHER ORDERED that the Notice of Condemna-tion and Tender of Payment and the Order of Publication shall be published first; and in the event there is no acceptance of the tender after said publication by all parties necessary to provide Condemnor the 100% fee simple, unencumbered title it seeks, then the Lis Pendens, Notice of Appearance Nisi, Return of the Guardian ad Litem Nisi, and the Affidavit of Tender and Taking of Possession shall then be published in like manner in order to provide publication notice of the court proceedings that follow.
AND IT IS SO ORDERED.
Barbara D. Scott, Clerk of Court, Fifth Judicial Circuit
Columbia, South Carolina
August 29, 2005
NOTICE OF
CONDEMNATION AND TENDER OF PAYMENT
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
2005-CP-40-04331
The Housing Authority of the City of Columbia, South Carolina,
Condemnor,
vs.
ORA JONES a/k/a OLER JONES (as life tenant) with remainder men holding undivided interests in fee, namely: EDDIE JONES, ANNIE S. JONES, MARTHA JONES, BURNELL JONES, ROMAN JONES, MARY JONES, RENE JONES CLARK, and C.I. JONES, (“Landowners of Record”), and all other persons claiming any right, title or interest in the subject property by or through them, whether they be adults, minors, incompetents, or members of the military services of the United States of America (Unknown Claimants); SEARS, ROEBUCK AND CO.; PALMETTO HEALTH ALLIANCE DBA PALMETTO RICHLAND MEMORIAL HOSPITAL; G.E. CAPITAL MORTGAGE SERVICES, INC.; JAKE REED & BRENDA REED; GREENWOOD TRUST t/a THE DISCOVER CARD; TICO CREDIT; STATE OF SOUTH CAROLINA (S.C. DEPARTMENT OF REVENUE); UNITED STATES OF AMERICA (INTERNAL REVENUE SERVICE); (Other Claimants),
Landowners / Other Claimants Unknown Claimants
TO: THE LANDOWNER(S), OTHER CONDEMNEE(S), and OTHER CLAIMANTS:
Pursuant to the South Carolina Eminent Domain Procedure Act, S.C. Code Ann. § 28-2-10, et. seq. (1976, as amended), you are hereby notified as follows:
1. The Housing Authority of the City of Columbia, South Carolina, the Condemnor herein, is a municipal housing corporation, and seeks to acquire the real property described herein. This action is brought pursuant to S.C. Code Ann. § 28-2-240 (1976, as amended) to further the Condemnor’s public purposes of providing low income public housing and/or related services pursuant to Title 31, Article 5 of the S.C. Code Ann. (1976, as amended). The Condemnor exercises its power of eminent domain under S.C. Code Ann. §§ 31-3-450(2) and 460 (1976); said power having been confirmed in McNulty v. Owens, 188 S.C. 377, 199 S.E. 425 (1938).
2. Condemnor intends to use the subject parcel for the creation of a new public street for realignment of public street to provide better street access for public housing residents and to provide services incident to its public purpose. A Resolution has been adopted by the Condemnor’s Board of Commissioners setting forth its intention to appropriate the fee simple, absolute title to the Landowner's subject property (shown on Richland County TMS No. 11212-18-01) described more fully in the attached Exhibit A incorporated herein by reference. A sketch, map or diagram of the said property is attached to this Notice of Condemnation as Exhibit B.
3. The title to the said parcel devolved as follows:
a. On information and belief, the subject property is owned of record by Ora Jones a/k/a Oler Jones (holding a reserved life estate) with remainder over in fee to her children: Eddie Jones, Annie S. Jones, Martha Jones, Burnell Jones, Roman Jones, Mary Jones, Rene Jones Clark, and C.I. Jones, under deed out of Oler Jones dated March 11, 1948, recorded on March 11, 1948 in the office of the Richland County Register of Deeds (“ROD”) Deed Book 15 at page 358.
b. Condemnor is informed and so believes that Ola Jones was said to be 45 years of age in the 1946 probate records of her deceased brother, Hudson Hood; and she was said to be his sole heir at law upon his intestate death. (See Richland County Probate Court records in Box 617 package 14,646).
c. Roman Jones was the estate administrator of the Hudson Hood estate in 1946, and however, no address of Roman Jones is in that file.
d. Richland County tax bills are sent to Mrs. Mary Jones at 580 Lexington Avenue, Brooklyn, N.Y. 11221; however, Condemnor’s attorney received no response to his letter sent to that address seeking family history since 1945.
e. Condemnor contacted a person named Eddie Jones by telephone at the address of Mary Jones in Brooklyn, N.Y. who claimed to be Ms. Mary Jones’ son; and said Eddie Jones declined the offer made by Condemnor to purchase the property from the Landowners of Record.
f. Condemnor has been unable to ascertain the addresses or whereabouts of all the named Landowners of Record other than Mary Jones at the said Brooklyn, N.Y. address; and she has not responded to requests for such information.
g. The following entities are named as Other Claimants as they may have a claim to any award:
1.) SEARS, ROEBUCK AND COMPANY under a Judgment # 222745 against Mary Y. Jones;
2.) PALMETTO HEALTH ALLIANCE DBA PALMETTO RICHLAND MEMORIAL HOSPITAL under a Judgment # 243873 against Mary Y. Jones;
3.) G.E. CAPITAL MORTGAGE SERVICES, INC., under a Judgment # 245810 against Mary Skinner Jones;
4.) JAKE REED & BRENDA REED under Judgment # 246796 against Annie B. Jones;
5.) GREENWOOD TRUST +/a THE DISCOVER CARD under Judgment # 250987 against Mary Jones;
6.) TICO CREDIT under Judgment # 255552 against Ann Jones;
7.) STATE OF SOUTH CAROLINA (S.C. DEPARTMENT OF REVENUE) under tax lien filings in Richland County ROD record:
i.) #95-02838 vs. Ann Jones;
ii.) #95-02839 vs. Ann Jones;
iii.) Record Book 421 p. 1820 vs. Mary L. Jones;
iv.) Record Book 439 p. 0153 vs. Mary L. Jones;
v.) Record Book 468 p. 1889 vs. Mary L. Jones;
vi.) Record Book 488 p. 2732 vs. Mary L. Jones;
vii.) Record Book 774 p. 0750 vs. Mary Skinner Jones;
viii.) Record Book 1043 p. 1694 vs. Mary P. Jones;
ix.) Record Book 1039 p. 1753 vs. Annie Jones, et al.; and
x.) Record Book 1073 p. 2654 vs. Annie H. Jones.
8.) UNITED STATES OF AMERICA (INTERNAL REVIEW SERVICE/TREASURY DEPARTMENT) under tax lien filings in Richland County ROD Records:
i.) Record Book 880 p. 693 vs. Mary Skinner Jones; and
ii.) Record Book 965 p. 2455 vs. Mary Skinner Jones.
4. THE CONDEMNOR HAS DETERMINED JUST COMPENSATION TO BE THE SUM OF THIRTY THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($33,200.00), FOR THE PROPERTY AND ALL RIGHTS TO BE ACQUIRED HEREUNDER; AND CONDEMNOR HEREBY TENDERS PAYMENT THEREOF TO THE LANDOWNERS.
5. Condemnor has had the subject property appraised (as required in S.C. Code Ann. § 28-2-70(a) (1976)); and Condemnor certifies to the Court that a negotiated resolution of the conflict was attempted prior to institution of this action. Upon request, a copy of said appraisal will be made available to any Condemnee at the Condemnor’s office at 1917 Harden Street, Columbia, South Carolina 29204. The project plans can be reviewed in Richland County, South Carolina, by contacting:
Kevin Krick, P.E., Project Manager
Site Development Division
Wilbur Smith Associates
1301 Gervais Street (29201)
PO Box 92
Columbia, SC 29202-0092
Phone: (803) 758-4754
Fax: (803) 758-4603
6. Payment of the amount stated in paragraph 4 above will be made to the Land-owners if within thirty (30) days after service of this Notice, the Landowners in writing request the payment and agree to execute any instruments necessary to convey fee simple, unencumbered marketable title to the Condemnor the property interests and rights described on Exhibit A hereof. Landowners’ request and agreement must be sent by First Class, Certified Mail, Return Receipt Requested, or delivered in person to the Condemnor at its administrative offices at 1917 Harden Street, Columbia, South Carolina 29204, c/o Mr. Gilbert Walker, Executive Director. If no request and agreement is received by Condemnor within that said thirty (30) day period, the tender will be considered rejected.
7. If the tender is rejected, the Condemnor has the right to file this Condemnation Notice with the Clerk of Court for Richland County; in such event, the Condemnor shall give the Landowners, Other Condemnees, and Other Claimants named herein notice that it has done so; and Condemnor shall have the further right to deposit the Condemnor’s tender amount with the Richland County Clerk of Court, take possession of the said real estate, and exercise its rights described in this condemnation notice.
8. ANY ACTION CHALLENGING THE CONDEMNOR'S RIGHT TO ACQUIRE THE PROPERTY AND RIGHTS DESCRIBED HEREIN MUST BE COMMENCED IN A SEPARATE PROCEEDING IN THE COURT OF COMMON PLEAS WITHIN THIRTY (30) DAYS OF THE SERVICE OF THIS CONDEMNATION NOTICE; OR THE LANDOWNERS WILL BE CONSIDERED TO HAVE WAIVED THE CHALLENGE.
9. THE CONDEMNOR HAS ELECTED NOT TO UTILIZE THE APPRAISAL PANEL PROCEDURE. Therefore, if the tender herein is rejected, the Condemnor shall notify the Clerk of Court that a trial is needed to determine the amount of just compensation to be paid. A copy of that notice must be served on the Landowners. That notice shall state whether the Condemnor demands a trial by jury or by the court without a jury. The Landowners have a right to demand a trial by jury. The case may not be called for trial before sixty (60) days after the service of that notice; but thereafter, the case may be given priority for trial over other civil cases. The Clerk of Court shall give the Landowners written notice by mail of the call of the case for trial.
THEREFORE, IF THE TENDER HEREIN IS REJECTED, THE LANDOWNERS ARE ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED.
10. In the event the Land-owners accept the amount tendered in this Notice, the attached Request for Payment and Agreement form (attached hereto as EXHIBIT C) may be used for Landowners’ notice of acceptance; and it should be returned to the Condemnor within thirty (30) days after the service of this Notice upon Landowners.
ROBINSON, McFADDEN & MOORE, P.C.
M. Kevin Garrison, Esq.
John S.Taylor, Jr, Esq.
Post Office Box 944
Columbia, SC 29202
(803) 779-8900
Attorneys for the Condemnor
Columbia, South Carolina
August 29, 2005
EXHIBIT A
The land to be condemned in fee simple absolute is more fully described as follows:
All that certain piece, parcel or lot of land, situate, lying and being at the south-eastern corner of the intersection of Superior and Royster Streets, near the southern limits of the City of Columbia, County of Richland and State of South Carolina; said lot being known and designated as LOT NO. 47, as shown on a plat of “Sunnyside”, made by J.C. Covington, C.E. march 14, 1945, and recorded in the Office of the Clerk of Court for Richland County in Plat Book “J” at page 212; said lot being bounded north by Superior Street and measuring thereon 75 feet; east by lot No. 48, as shown on said plat, and measuring thereon 90 ? feet; south by lot 46, as shown on said plat, and measuring thereon 85 feet; and west by Royster Street and fronting thereon 77 feet.
ALSO: All Condemnees’ interests, if any, in any strips or gores of land which may lie between the parcel described above and adjacent properties of the Housing Authority of the City of Columbia, S.C. (if any) as well as all the Condemnees’ interests, if any, in any streets, alleys or ways which may cross or border the above-described parcel.
TMS #: 11212-18-01
EXHIBIT B
For a map, sketch or diagram of the land to be condemned in fee simple absolute see Richland County Tax Map Sheet 11212 Block 18 Parcel 01; also shown on a drawing prepared for the Housing Authority of the City of Columbia, South Carolina, by Wilber Smith & Associates a copy of which is attached hereto.
The subject parcel is also shown as Lot 47 on Richland County Plat Book J, Page 212 (a plat if “Sunnyside” Subdivision made by J.C. Covington, C.E. dated March 14, 1945) in the Richland County Office of the Recorder of Deeds, said latter plat being incorporated herein by reference.
EXHIBIT C
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
2005-CP-40-04331
The Housing Authority of the City of Columbia, South Carolina,
Condemnor,
vs.
ORA JONES a/k/a OLER JONES (as life tenant) with remainder men holding undivided interests in fee, namely: EDDIE JONES, ANNIE S. JONES, MARTHA JONES, BURNELL JONES, ROMAN JONES, MARY JONES, RENE JONES CLARK, and C.I. JONES, (“Landowners of Record”), and all other persons claiming any right, title or interest in the subject property by or through them, whether they be adults, minors, incompetents, or members of the military services of the United States of America (Unknown Claimants); SEARS, ROEBUCK AND CO.; PALMETTO HEALTH ALLIANCE DBA PALMETTO RICHLAND MEMORIAL HOSPITAL; G.E. CAPITAL MORTGAGE SERVICES, INC.; JAKE REED & BRENDA REED; GREENWOOD TRUST t/a THE DISCOVER CARD; TICO CREDIT; STATE OF SOUTH CAROLINA (S.C. DEPARTMENT OF REVENUE); UNITED STATES OF AMERICA (INTERNAL REVENUE SERVICE); (Other Claimants),
Landowners / Other Claimants Unknown Claimants
Landowners accept the sum of THIRTY THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($33,200.00) tendered by the Condemnor. Request for payment is hereby made. Landowners agree to execute the documents necessary to convey to the Condemnor the property interests and rights described in the Condemna-tion Notice, free of all liens and encumbrances (except for the year 2005 real estate taxes, a lien not yet due and payable).
________________Landowner
_________________, 2005.
Return this Request for Payment and Agreement to:
Mr. Gilbert Walker, Executive Director, The Housing Authority of the City of Columbia, South Carolina 1917 Harden Street
Columbia, SC 29204
With copy to:
M. Kevin Garrison, Esquire
John S. Taylor, Jr., Esquire
Robinson, McFadden & Moore, P.C.
PO Box 944
Columbia, SC 29202
SUMMONS AND NOTICES
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF
COMMON PLEAS
(NON-JURY MORTGAGE FORECLOSURE)
2005-CP-40-3788
Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation,
PLAINTIFF,
vs.
Stevie D. Nelson a/k/a Stevie Nelson a/k/a Steve D. Nelson; Newco Commercial Financial Services; Bridget Owoh; Lovice Johnson; and, Tucker Materials of Columbia, Inc., DEFENDANT(S).
TO THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of which is herewith served upon you, or to otherwise appear and defend, and to serve a copy of your Answer to said Complaint upon the subscribers at their office, 3955 Faber Place, Suite 105, North Charleston, South Carolina, 29415, within thirty (30) days after 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 answer the Complaint within the time aforesaid, or otherwise appear and defend, the Plaintiff in this action will apply to the Court for the relief demanded therein, and 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 the Plaintiff.
YOU WILL ALSO TAKE NOTICE that should you fail to answer the foregoing Summons, the Plaintiff will move for a general Order of Reference to Joseph M. Strickland, Master in Equity for Richland County, which Order shall, pursuant to Rule 53(b) of the South Carolina Rules of Civil Procedure, specifically provide that the said Joseph M. Strickland, Master in Equity is authorized and empowered to enter a final judgment in this action.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
N. Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN
ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
NOTICE OF FILING COMPLAINT
NOTICE IS HEREBY GIVEN that the original Complaint in the above entitled action, together with the Summons, was filed in the Office of the Clerk of Court for Richland County on August 3, 2005 at 3:25 P.M.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
N. Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN
ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
LIS PENDENS
NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in this court upon Complaint of the above-named Plaintiff against the above-named Defendants for foreclosure of a certain mortgage of real estate given by Stevie D. Nelson to Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial Network, Inc., in the amount of $65,500.00 dated February 18, 2003, and recorded in the Office of the Register of Deeds for Richland County in Book 762 at Page 3590 on February 28, 2003.
The premises covered and affected by the said mortgage as by the foreclosure thereof, were, at the time of the making thereof, and at the time of the filing of this Notice, described as follows:
All that certain piece, parcel or lot of land, together with improvements thereon, situate, lying and being in the County of Richland, State of South Carolina, being shown and delineated as Lots 8 and 9, of Block 28 on a plat of College Place and Arden Heights, by Perry M. Teeple, dated March 16, 1926, revised October 19, 1928; said lots being more specifically shown and delineated on a plat prepared for Metro Investors Limited Partnership, by Isaac B. Cox & Son, Inc., dated March 12, 1970 and recorded in the Office of the RMC for Richland County in Plat Book Y at Page 3997; said plats are incorporated herein and reference is craved thereto for a more complete and accurate description of the metes, bounds, courses and distances of the property concerned herein. Be all measurements a little more or less. TMS#: 11701-08-13
Property Address: 5111 North Main Street, Columbia, SC
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
N. Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN
ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
Charleston, South Carolina
August 3, 2005
SUMMONS AND NOTICES
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF
COMMON PLEAS
(NON-JURY MORTGAGE FORECLOSURE)
C/A NO: 2005-CP-40-3914
Wells Fargo Bank, N.A.,
PLAINTIFF,
vs.
Matthew L. Riley a/k/a Matthew Riley; and, South Carolina Department of Revenue,
DEFENDANT(S).
TO THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of which is herewith served upon you, or to otherwise appear and defend, and to serve a copy of your Answer to said Complaint upon the subscribers at their office, 3955 Faber Place, Suite 105, North Charleston, South Carolina, 29415, within thirty (30) days after 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 answer the Complaint within the time aforesaid, or otherwise appear and defend, the Plaintiff in this action will apply to the Court for the relief demanded therein, and 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 the Plaintiff.
YOU WILL ALSO TAKE NOTICE that should you fail to answer the foregoing Summons, the Plaintiff will move for a general Order of Reference to the Master in Equity for Richland County, which Order shall, pursuant to Rule 53(b) of the South Carolina Rules of Civil Procedure, specifically provide that the said Master in Equity is authorized and empowered to enter a final judgment in this action.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
N. Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN
ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
NOTICE OF FILING COMPLAINT
NOTICE IS HEREBY GIVEN that the original Complaint in the above entitled action, together with the Summons, was filed in the Office of the Clerk of Court for Richland County on August 10, 2005 at 1:46 p.m.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, South Carolina 29415
(843) 576-1072
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
N. Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN
ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
LIS PENDENS
NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in this court upon Complaint of the above-named Plaintiff against the above-named Defendants for foreclosure of a certain mortgage of real estate given by Matthew L. Riley to Norwest Mortgage, Inc., in the amount of $ 77,858.00 dated December 31, 1998, and recorded in the Office of the Register of Deeds for Richland County in Book 268 at Page 177 on January 5, 1999.
The premises covered and affected by the said mortgage as by the foreclosure thereof, were, at the time of the making thereof, and at the time of the filing of this Notice, described as follows:
All that certain piece, parcel or lot of land, with the improvements thereon, situate, lying and being in the County of Richland, State of South Carolina, shown and delineated as Lot 7, Block E on a Plat of South Belt Line Hills prepared by McMillan Engineering Company dated November 10, 1964 and recorded in the Office of the Register of Deeds for Richland County in Plat Book V at Page 153. Said lot of land being further shown and delineated on a Plat prepared for Matthew L. Riley by Inman Land Surveying Company, Inc., dated December 22, 1998 and recorded in the Office of the Register of Deeds for Richland County in Record Book 268 at Page 186. Reference is hereby made to said latter mentioned plat for a more complete and accurate description of said lot of land.
TMS#: 13705-12-07
Property Address:
1607 Tall Pines Circle, Columbia, SC
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
N. Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN
ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
Charleston, South Carolina
August 10, 2005
XXXXXX
NOTICE OF PUBLIC SALE
Sunset Storage will hold a public sale to enforce a lien imposed on said property, as described below, pursuant to the South Carolina Self Storage Facility Act, SC Code Sections 39-20-10 to 39-20-50. There will be a sealed bid sale on:
September 12, 2005 at 10:00 at 2316 Sunset Blvd., West Columbia, SC 29169, 791-8999.
Management reserves the right to withdraw any unit from sale.
C05 - Lynette Horner-HHG, E30 - Rita Anderson-HHG, F18 - Richard Lucas-HHG, G06 - Charlie Warren-HHG, H14 - Veronica Henry-HHG, PK18 - Derriel Wingate-Automobile
NOTICE OF PUBLIC SALE
Plantation Storage will hold a public sale to enforce a lien imposed on said property, as described below, pursuant to South Carolina Self Storage Act, South Carolina Code Sections 39-20-10 to 39-20-50 at 10:00 AM on the 20th of September 2005 at Plantation Storage, 810 Sparkleberry Lane, Columbia, SC 29229.
Management reserves the right to withdraw any unit from sale. Registered or Motor Vehicles are sold “AS IS/PARTS ONLY” with no titles or registrations.
N0467-Monica Johnson: Misc Items
G0174-Johnny & Darlene Hudson: Misc Items
D0092-Traci Williams: Misc Items
J0276-Loretha El Attrache: Misc Items
A0007-Luis Denis: Misc Items
N0483-Emmanuel Echevarria: Misc Items
J0264-Leslie Bailey: Misc Items
M0403-Michael Vereen: Misc Items
J0274-Diane Queener: Misc Items
NOTICE OF PUBLIC SALE
Plantation Self Storage will hold a public sale to enforce a lien imposed on said property, as described below, pursuant to the South Carolina Self Storage Act, South Carolina Code Sections 39-20-10 to 39-20-50 at 1:00 PM on September 20, 2005 at Plantation Self Storage 4411 Hardscrabble Rd, Columbia, SC 29229.
Management Reserves the right to withdraw any unit from sale. Registered or Motor Vehicles are sold “AS IS / PARTS ONLY” no titles or registrations.
Kim Vereen-122-HHG, FURN, BOXES
Joseph Simmons-410BUSINESS INVENTORY
Jeffrey Deveaux-707-HHG, FURN, BOXES
Vicki Springs-423-HHG, FURN, BOXES
James Miller-616-HHG, FURN, BOXES
Derrie Cavins-156-HHG, FURN, BOXES
NOTICE OF LIEN SALE
In accordance with the provisions of South Carolina State Law, there being due and unpaid charges for which the undersigned is entitled to satisfy an owner’s lien of the goods hereinafter described and stored at Uncle Bob’s Self Storage; And, due notice having been given, to the owner of said property and all parties known to claim an interest therein, and the time specified in such notice for payment of such having expired, the goods will be sold at public auction to the highest bidder or otherwise disposed of.
CASH ONLY AT
TIME OF SALE
UNCLE BOB’S, 5311-A Old Bush River Rd, Columbia, SC (803) 798-3787
Auction Date: 20
September 2005, 9:00 AM.
C115 – Bobbie Jenkins - Household Goods, Furniture, Sporting Goods, Tools, Appliances, TV.
D123 – Alisa Burke – Household Goods, Furniture, Boxes, TV.
D160 – Jessica Elkin – Household Goods, Boxes.
E126 – Bridgette McClellan – Household Goods, Furniture, Boxes, Appliances, TV.
UNCLE BOB’S, 10020 Two Notch Rd, Columbia, SC (803) 788-1438 Auction Date: 20 September 2005, 10:00 AM.
B020 – Steven Worley – Household Goods.
E164 – Rebecca Taylor – Household Goods, Furniture, Boxes, Tools, Appliances, TV.
E216 – Wendell Harris – Furniture.
E241 – Casino Rolle – Household Goods, Furniture, Boxes, Appliances.
E245 – George Wood – Household Goods, Tools.
F316 – R.D. McGee – Household Goods, Furniture, Tools, Appliances, Office Equip, Office Machines, Account Records.
G387 – Lakita Rolle – Household Goods.
H437 – Venisa Portee – Household Goods,
UNCLE BOB’S, 7403 Parklane Rd, Columbia, SC (803) 699-1923
Auction Date: 20 September 2005, 11:00 AM.
B44 – Prietta Bethea – Household Goods, Furniture, Boxes.
D21 – Joseph Jenkins – Household Goods.
E13 – Peter Harris – Household Goods, Furniture, Boxes, Sporting Goods, Tools, Appliances, TV.
E18 – Priscilla Paige – Household Goods, Furniture, Boxes, Sporting Goods, Appliances, TV.
F12 – Janet Irons – Household Goods, Furniture, Boxes, TV.
F16 – Stephanie Boutte – Furniture, Boxes.
G69 – Monica Torres – Household Goods.
H4 – Tommie Wallace – Household Goods.
H15 – Ruben Mitchell – Household Goods.
H80 – Ernestine Davis – Household Goods.
UNCLE BOB’S, 2648 Two Notch Rd, Columbia, SC (803) 779-6426
Auction Date: 20 September 2005, 12:00 PM
A7 – John Deas - Furniture, Tools, Appliances, TV.
A11 – Abraham Gray - Household Goods, Furniture, Boxes, Tools, Appliances.
A20 – Beverly Bowers - Household Goods.
A42 – Emma Dunham – Clothes.
B92 – George Davis – Boxes, TV, Construction Equip.
B101 – Dorothy Eigner – Household Goods, Boxes, Appliances.
B104 – Carolyn Perry – Furniture.
B168 – Andrea Patterson – Household Goods, Furniture, TV.
B178 – Stephanie Sessions – Furniture, TV.
C210 – Gerald Hunt – Furniture.
D282 – Benjamin Bostick – Furniture, Appliances, TV.
D283 - Myron Bing – Household Goods.
D284 – Latonya Garrett – Household Goods, Furniture, Boxes, Tools, Appliances, TV.
D287 – Rhonda Baker – Household Goods, Furniture, Boxes, TV, Office Machines, Laptop Computer.
E324 – Patrick Henry – Furniture, Boxes, Appliances.
E352 – Annie Elam – Household Goods.
E364 – Vanessa Prophet – Household Goods, Furniture, Boxes, TV.
UNCLE BOB’S, 7437 Garners Ferry Rd, Columbia, SC (803) 776-7807 Auction Date: 20 September 2005, 2:00 PM.
2072 – Dorothy Garrick – Boxes, Bags, Clothes, Toys.
2085 – Shoun Wright – Furniture, TV.
4016 – Darrell Brown – Household Goods, Furniture, Boxes, Sporting Goods, Tools, Appliances, TV, Landscaping Equip.
5032 – Jennifer Lyles – Household Goods, Furniture, Boxes, Appliances, TV.
5043 – Willis Walker – Household Goods, Boxes.
5045 – Dorothy Garrick – Household Goods, Boxes.
5061 – Dorothy Garrick – Household Goods, Furniture, Boxes, Sporting Goods.
5099 – Dinetta Parrott – Household Goods, Boxes.
6016 – Sayasane Keovilaisack – Household Goods, Furniture, Sporting Goods, Tools, TV.
6033 – Tonya Watson – Household Goods, Boxes.
6061 – Amy Walker – Household Goods, Boxes.
6194 – Jewel Raines – Furniture, Boxes.
6201 – Keiko-Demetrice Lewie – Household Goods, Furniture, Boxes, Appliances, Office Equip, Account Records.
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND IN THE COURT OF
COMMON PLEAS
FIFTH JUDICIAL
CIRCUIT
05-CP-40-03339
Frank Wilson Jr. and Anges N. Wilson,
Plaintiff,
vs.
The heirs at law of Rosetta Morrison; the heirs at law of
Kenneth "Buddy" Morrison; the heirs at law of Ernestine
Sedgwick; Richland Memorial
Hospital; John Doe, a fictitious Defendant representing as a class any
unknown adults; Richard Roe, a fictitious Defendant representing as a class any infant or person under disability. Defendants,
TO THE DEFENDANTS ABOVE NAMED;
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 said Complaint on the undersigned attorney at his office in the City of Camden, South Carolina, within thirty (30) 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.
Charles V.B. Cushman, III
ATTORNEY FOR
PLAINTIFF
Post Office Box 2222
Camden, SC 29020
(803) 432-7755
Camden, South Carolina
July 8, 2005
LIS PENDENS
NOTICE IS HEREBY GIVEN that an action to quiet title has been commenced in the Court of Common Pleas in Richland County affecting title to the following described property:
PARCEL 1
All that certain piece, parcel or lot of land with the improvements thereron, situate, lying and being in the County of Richland, State of South Carolina, containing .16 acre and being shown and delineated as Tract A on a plat prepared for Page Morrison Estate by B.P, Barber & Assoc., Inc., dated December 27, 1973, revised October 24, 1974 and recorded in the office of the Register of Mesne Conveyance for Richland County in Plat Book X, at page 3329, and with reference to said plat, having the following metes ard bounds, to wit:
BEGINNING at an iron pin on the Southeastern side of the continuation of Crawford Road, the Northwestern side of the corner of the property and runnng along the boundary of the said continuation of Crawford Road North 61° 09' East, a distance of 88.2 Feet to a point, thence turning and running South 29° 56 East, a distance of 97.4' to an iron; thence turning and running 59° 52' West, a distance of 66.8 feet to an iron; thence turning and running North 34" 34' WEST, a distance of 99.4 feet to an iron, the POINT OF BEGINNING,
Grantors hereby convey unto Grantee a right-of-way over and across that certain twenty (20) foot roadway shown on a plat prepared for the Page Morrison Estate by B.P. Barber & Assoc., Inc., dated December 27, 2003 and revised October 24, 1974, to be recorded; said easement shall be appurtenant to and shall run with the property hereby conveyed, Grantors also convey an easement to take water from that certain well on Tract D for use of the property herein conveyed, said easement to be appurtenant to and run with the title to Tract A
PARCEL 2
All that certain piece, parcel or lot of land, with the improvements thereon, known as 515 Crawford Road, situate, lying and being In the County of Richland, State of South Carolina, containing .33 acre, and being shown and delineated as Tract D on a plat prepared for Page Morrison Estate by B.P. Barber &. Assoc., Inc., dated December 27, 1973, revised October 24, 1974, and recorded in the office of the Register of Mesne Conveyances for Richland County In Plat Book X, at page 3329, and with reference to said plat, having the following metes and .bounds, to wit; beginning at an iron on the Northeastern side of the continuance of Crawford Road, the Southwestern corner of said Tract, and running North 30°46' west, a distance of 117.9 feet to an iron tnence turning and running North 59° 46' East, a distance of 121.3 feet to an iron; thence turning and running South 29° 56' East, a distance of 120.8' to a point; thence turning and running along the Northeastern side of the continuance of Crawford Road North 61° 09' East, a distance of 119.6 feet to an iron, the point or beginning.
PARCEL 3
All that piece, parcel or lot of land, situate, lying and being in Richland County, South Carolina, together with all improvements thereon containing approximately 0.35 acres, more or less, and being designated as Tract B on a plat prepared for Page Morrison Estate by B.P. Barber & Assoc., Inc., dated December 27, 1973, revised October 24, 1974, and recorded In the office of the Clerk of Court for Richland County in Plat Book X, page 3329 and by reference thereto, having the following metes and bounds, to wit:
BEGINNING at an iron pin on the Southeastern side of the continuation of Crawford Road, the Southwestern corner of Tract 6, and running alorg the Southeastern side of Crawford Road as follows; N 24° 04' W for a distance of 70 8 feet to an iron; thence N 4° 01'E for a distance of 30.5 feet to an iron; thence N 49º 02'E for distance of 30.5 feet to an iron; thence N 61° 09 E for a distance of 102.1 feet to an iron, the Northeastern corner of the said Tract B; thence turning and running along the boundary of Tract A, S 34° E for a distance of 99.4 feet to an Iron, the Southeastern corner of the said Tract B; thence turning and running along the boundaries of lands now or formerly of Catherine Morrison S 59° 52' W for a distance of 164.3 feet to an iron, the POINT OF BEGINNING.
Grantors hereby convey unto Grantees a right-of-way over and across that certain twenty (20') foot roadway shown on the aforesaid plat; said easement shall be appurtenant to and shall run with the property herein conveyed. Parcels 1 and 2 were conveyed to Leroy Morrison by deed of Mattie Lou Morrison dated February 28, 1977 and recorded in Deed Book D 453, page 329. Leroy Morrison subsequently conveyed this property to Frank Wilson, Jr. and Agnes N. Wilson by deed dated August 31, 1983 and recorded in Deed Book D 661, page 158.
Parcel 3 was conveyed to Rosetta Martin by deed of Mary Jenkins and Mattie Louise Morrison dated February 14, 1975 and recorded in Deed Book D 340, page 337. Rosetta Morrison subsequently conveyed an undivided 1/2 interest in this property to Leroy Morrison by deed dated December 26, 1975 and recorded in Deed Book D 369, page 344. Leroy Morrison and Rosetta Morrison were husband and wife, Rosetta died intestate on November 17, 1977 survived by her husband Leroy and five (5) children to wit; Agnes Wilson, Doris Robinson, Emily Jones, Ernestine Sedgwick and Kenneth "Buddy" Morrison. Buddy Morrison died intestate in 1991 survived only by a son, Kenneth Wayne Morrison, one of the Grantors herein. Leroy Morrison died intestate on April 15, 1993 survived by the Foregoing hers at law. Ernestine Sedgwick died intestate in about 1996 survived by four (4) children to wit, Tonya Renee Sedgwick, Lewis N. Sedgwick, Jr., Michael B. Sedgwick and Marquis A. Sedgwick, the remaining Grantors herein.
CHARLES V.B. CUSHMAN, III, PC
Charles V.B. Cushman, III
Attorney for Plaintiff
Post Office Box 2222
Camden, SC 29020
(803) 432-7755
Camden, South Carolina
July 8, 2005
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM
TO; THE HONORABLE BARBARA SCOTT, CLERK OF COURT:
The Plaintiffs would respectfully show unto the Court:
1. This is an action the purpose of which is to establish the Plaintiff's sole fee marketable title to the property identified In this Complaint as being situate in Richland
County, South Carolina.
2. The Plaintiffs is informed and believes that persons whose identities are unknown to the Plaintiffs may have or claim an interest in or lien upon said property, and are, therefore, necessary parties to this action and such persons may be minors, or may be under some other disability. Two classes of unknown heirs have been identified and have been designated as John Doe and Richard Roe.
3. The Plaintiffs are informed and believes that some competent discreet person having no interest adverse to those of the unknown Defendants who may be minors or under some other disability be appointed until and unless such parties, or someone on their behalf, shall secure some other person to act as Guardian ad Litem.
4. The Plaintiffs are Informed and believes that Roderick M. Todd, Jr, Esquire of Camden, South Carolina, is a competent person to represent as Guardian ad Litem the Interest of said unknown parties. Mr, Todd Is neither the attorney for the Plaintiff nor connected or associated with the attorney for the Plaintiff.
5. In the event that no person appears before the Court requesting appointment of private guardian or counsel to replace the appointment of Mr. Todd within ths thirty (30) days allotted for such appearance, that the appointment of Mr. Todd as guardian ad Litem become permanent for the purposes of representing the unknown or incapacitated Defendants In this matter. WHEREFORE, Plaintiffs requests that this Court Issue its Order appointing Roderick M. Todd, Jr., Esquire, as Guardian ad LItem for all unknown minors, and for all unknown persons who may be under a disability, who may have or claim some interest in or lien upon the subject property, and to so serve until and unless any of such persons shall secure the appointment of others to so act, temporarily and permanently, if the need present itself.
Charles V.B. Cushman, III, PC
Charles V.B. Cushman, III
Attorney for Plaintiff
Post Office Box 2222
Camden, SC 29020
(803) 432-7755
Camden, South Carolina
July 8, 2005
SUMMONS AND NOTICE OF FILING
THE
CONDEMNATION NOTICE AND
TENDER OF
PAYMENT, AND
TAKING
POSSESSION OF PROPERTY
PURSUANT TO S.C. CODE ANN.
SECTION 28-2-90(3)
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
C/A #05-CP-40-4267Richland County,Condemnor,vs.
The Heirs at Law of Louise Manigault, Ruth Williams, William L. Richardson,
Lillie R. Robinson, Louise Cleveland, Albert Richardson and Margaret Lamar, collectively as Landowner, And all other persons or entities unknown claiming any right, title, interest, estate in orlien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE; and also any Unknown Infants or Persons Under Disability being as a class designated as
RICHARD ROE,Other Condemnees.
YOU ARE HEREBY SUMMONED, advised and notified, that pursuant to the South Carolina Eminent Domain Procedures Act, Section 28-2-10, et. seq., Richland County, South Carolina, has filed the Notice of Condemnation and Tender of Payment with the Clerk of Court for Richland County on this 25th day of August, 2005, at 1701 Main Street, Columbia, South Carolina, a copy of which is herewith served upon you, and has deposited with same the sum of Seven Hundred Fifty ($750.00) Dollars, the amount determined by the Condemnor to be just compensation in this case, and pursuant to section 28-2-90(3) of the South Carolina Eminent Domain Procedures Act, the Condemnor is taking possession of the property interest that is more fully set forth in the Notice of Condemnation filed in this case.
The purpose of this lawsuit is to enable the Condemnor to acquire the aforementioned interest for public purposes, as is more fully stated in the Notice of Condemnation.
RICHLAND COUNTY ATTORNEY'S OFFICE
Larry C. Smith
County Attorney
Post Office Box 192
2020 Hampton Street
Columbia, SC 29202
(803) 576-2070
Fax (803) 576-2139
ATTORNEY FOR
CONDEMNOR-
RICHLAND COUNTY
Columbia, South Carolina
August 25, 2005.
CONDEMNATION NOTICE
AND TENDER OF PAYMENT
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
C/A #05-CP-40-4267Richland County,Condemnor,vs.
The Heirs at Law of Louise Manigault, Ruth Williams, William L. Richardson,
Lillie R. Robinson, Louise Cleveland, Albert Richardson and Margaret Lamar, collectively as Landowner, And all other persons or entities unknown claiming any right, title, interest, estate in orlien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE; and also any Unknown Infants or Persons Under Disability being as a class designated as
RICHARD ROE,Other Condemnees.
TO: THE LANDOWNERS ABOVE-NAMED
Pursuant to the South Carolina Eminent Domain Procedures Act, Section 28-2-10, et. seq., Code of Laws of South Carolina, (1976), as amended, you are hereby notified as follows:
1. Richland County is the Condemnor herein for public purposes, namely for constructing, improving, and/or maintaining streets or roads thereon.
2. The following are named as having upon information and belief an interest in the property:
a. The Heirs at Law of Louise Manigault are named as Landowner in this action based upon information and belief that the real property tax bills for many years prior hereto have been issued in the name of The Heirs at Law of Louise Manigault c/o R.R Williams. Condemnor believes upon information and belief and based upon the title abstract on the subject property that Judgment Roll#29140 granted ownership of the subject property to The Heirs at Law of Louise Manigault; however, Condemnor notes that upon information and belief and based on the title abstract on the subject property herein described the judgment roll#29140 is missing from the SC Department of Archives and History. Upon information and belief and based upon the title abstract on the subject property described herein, no probate has been filed in the name of Louise Manigault.
b. Ruth Williams, William L. Richardson, Lillie R. Robinson, Louise Cleveland, Albert Richardson and Margaret Lamar are named as Landowner in this action based upon the Judgment Roll#157956 which contains a Master’s Judgment Order, signed by the Honorable James C. Harrison, Richland County Master-In-Equity, dated September 30, 1987, and filed with the Richland County Clerk of Court on October 2, 1987, which names the above-named as the heirs of Louise Manigault in a condemnation action filed by Richland County condemning property owned by The Heirs of Louise Manigault.
c. All other persons or entities unknown claiming any right, title, interest, estate in or lien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE are named.
d. All Unknown Infants or Persons Under Disability being as a class designated as RICHARD ROE are named.
3. Exhibit A, attached hereto and incorporated herein by reference is a description of the real property subject to this action and a description of the interest sought by the Condemnor.
4. Richland County is vested with the power of eminent domain pursuant to Section 4-9-30 of the Code of Laws of South Carolina, 1976, as amended.
5. The property sought herein is to be acquired for public purposes, more particularly for constructing, improving, and/or maintaining streets or roads thereon.
6. This action is brought pursuant to Section 28-2-240, Code of Laws of South Carolina, 1976, as amended.
7. Richland County has complied with the requirements set forth in section 28-2-70(A), Code of Laws of South Carolina, 1976, as amended, by having the subject property appraised and certifies to the Court that a negotiated resolution has been attempted prior to the commencement of this action.
8. Project plans may be inspected at the office of the Richland County Department of Public Works & Engineering – 400 Powell Road, Columbia, South Carolina, 29203.
9. THE CONDEMNOR HAS DETERMINED JUST COMPENSATION FOR THE PROPERTY AND RIGHTS TO BE ACQUIRED HEREUNDER TO BE THE SUM OF SEVEN HUNDRED FIFTY ($750.00) DOLLARS AND HEREBY TENDERS PAYMENT THEREOF TO THE LANDOWNER.
10. Payment of this amount will be made to the Landowner if within thirty (30) days of this Condemnation Notice, the Landowner in writing requests payment, and agrees to execute any instruments necessary to convey to the Condemnor the property interests and rights described hereinabove. The request and agreement must by sent by first class, certified mail with return receipt requested or delivered in person to the Condemnor at the Richland County Attorney’s Office, Post Office Box 192, 2020 Hampton Street, Columbia, South Carolina 29201. If no request and agreement is received by the condemnor within the thirty-day (30) period, the tender is considered rejected.
11. The Condemnor has the right to file this Condemna-tion Notice with the Clerk of Court of the County where the property is situated and deposit the tender amount with the Clerk. The Condemnor shall give the Landowner notice that it has done so and may then proceed to take possession of the property interests and exercise the rights described in this Condemantion Notice. Should the Condemnor elect to exercise its right to take possession, it shall notify the Condemnee by separate Notice prior to taking possession.
12. AN ACTION CHALLENGING THE CONDEMNOR’S RIGHT TO ACQUIRE THE PROPERTY AND RIGHTS DESCRIBED HEREIN MUST BE COMMENCED IN A SEPARATE PROCEEDING IN THE COURT OF COMMON PLEAS WITHIN THIRTY (30) DAYS OF THIS CONDEMNATION NOTICE, OR THE LANDOWNER WILL BE CONSIDERED TO HAVE WAIVED THE CHALLENGE.
13. THE CONDEMNOR HAS ELECTED NOT TO UTILIZE THE APPRAISAL PANEL PROCEDURE. Therefore, if the tender herein is rejected, the Condemnor shall notify the Clerk of Court and shall demand a trial to determine the amount of just compensation to be paid. A copy of that notice must be served on the Landowner. That notice shall state whether the Condemnor demands a trial by jury or by the court without a jury. The Landowners have the right to demand a trial by jury. The case may not be called for trial before sixty (60) days after the service of that notice, but it may thereafter be given priority for trial over other civil cases. The Clerk of Court shall give the Landowner written notice by mail of the call of the case for trial.
14. THEREFORE, IF THE TENDER HEREIN IS REJECTED, THE LANDOWNER IS ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED.
15. In the event the Land-owner accepts the amount tendered in this Notice, the attached Request for Payment and Agreement form should be signed and returned to the Condemnor within (30) days of your receipt of this Notice.
RICHLAND COUNTY ATTORNEY'S OFFICE
Larry C. Smith
County Attorney
Post Office Box 192
2020 Hampton Street
Columbia, SC 29202
(803) 576-2070
Fax (803) 576-2139
ATTORNEY FOR CONDEMNOR- RICHLAND COUNTY
Columbia, South Carolina
August 25, 2005.
EXHIBIT A
Richland County v. The Heirs at Law of Louise Manigault, et al
Legal Description:
All that certain piece, parcel or strip of land situate, lying and being near the City of Columbia, in the County of Richland, State of South Carolina, designated at TMS# 11115-03-15 on the Richland County Tax Maps.
This being the same property granted to The Heirs at Law of Louise Manigault in Judgment Roll#29140 in the records of Richland County.
TMS #11115-03-15
Interest to be acquired:
A permanent easement and right-of-way for a portion of that tract identified on Richland County Tax Maps as TMS 11115-03-15 (also known as 900 Block Frazier St.) lying within 20 feet right/left of the centerline of a newly aligned Frasier Street and running from approximate survey station 4+63 to 5+61; the same being further reflected on a set of plans prepared for Richland County by Florence & Hutcheson, Consulting Engineers and shown on attached.
A copy of said plat, sketch, plan or drawing being attached hereto and made a part hereof.
ORDER
APPOINTING
GUARDIAN AD LITEM NISI
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
C/A #05-CP-40-4267Richland County,Condemnor,vs.
The Heirs at Law of Louise Manigault, Ruth Williams, William L. Richardson,
Lillie R. Robinson, Louise Cleveland, Albert Richardson and Margaret Lamar, collectively as Landowner, And all other persons or entities unknown claiming any right, title, interest, estate in orlien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE; and also any Unknown Infants or Persons Under Disability being as a class designated as
RICHARD ROE,Other Condemnees.
Upon review of the Petition of the Plaintiff/Condemnor herein for the appointment of ARTHUR E. WHITE, JR., as Guardian ad litem nisi for the unknown minor Defendants and persons under disability and adults, if any,
IT IS ORDERED that the said ARTHUR E. WHITE, JR., be and hereby is designated and appointed Guardian ad litem nisi for said minor Defendants and persons under disability, if any, collectively designated as RICHARD ROE, and unknown adults herein collectively designated as JOHN DOE, and he is authorized to appear and defend said action on behalf of said minors and persons under disability and adults unless the said minors and persons under disability and adults, if any, or any of them, or someone on their behalf, shall within thirty (30) days after the service of a copy of this Order upon them, as herein provided, procures the appointment of a Guardian ad litem for said minors or persons under disability or adults, if any, in this action.
IT IS FURTHER ORDERED THAT this Order shall be served upon said unknown minor Defendants and persons under disability, herein collectively designated as RICHARD ROE, and unknown adults, herein collectively designated as JOHN DOE, by publication of a copy of this Order in The Columbia Star, a newspaper published in the City of Columbia, County of Richland, State of South Carolina, once a week for three (3) successive weeks.
BARBARA A. SCOTT
Clerk of Court, Richland County
Columbia, South Carolina
August 25, 2005.
SUMMONS AND NOTICE OF FILING
THE
CONDEMNATION NOTICE AND
TENDER OF
PAYMENT, AND TAKING
POSSESSION OF PROPERTY
PURSUANT TO S.C. CODE ANN.
SECTION 28-2-90(3)
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
C/A #05-CP-40-4269
Richland County,Condemnor,
vs.
The Heirs at Law of Simpson Toliver, Sr., Laura Jefferson, Laura Frances Toliver
Outlaw, Marion Louise Toliver Coulbourne,
Marva Toliver Diamond, The Heirs at Law of Ernest C. Toliver, Beverly ToliverChapman, Frank S. Toliver, Simpson Toliver, III, John Curtis Toliver, collectively asLandowner, And all other persons or entities unknownclaiming any right, title, interest, estate in or lien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE; and also
any Unknown Infants or Persons Under Disability being as a class designated asRICHARD ROE, Other Condemnees.
YOU ARE HEREBY SUMMONED, advised and notified, that pursuant to the South Carolina Eminent Domain Procedures Act, Section 28-2-10, et. seq., Richland County, South Carolina, has filed the Notice of Condemnation and Tender of Payment with the Clerk of Court for Richland County on this 25th day of August, 2005, at 1701 Main Street, Columbia, South Carolina, a copy of which is herewith served upon you, and has deposited with same the sum of Three Thousand Six Hundred ($3,600.00) Dollars, the amount determined by the Condemnor to be just compensation in this case, and pursuant to section 28-2-90(3) of the South Carolina Eminent Domain Procedures Act, the Condemnor is taking possession of the property interest that is more fully set forth in the Notice of Condemnation filed in this case.
The purpose of this lawsuit is to enable the Condemnor to acquire the aforementioned interest for public purposes, as is more fully stated in the Notice of Condemnation.
RICHLAND COUNTY ATTORNEY'S OFFICE
Larry C. Smith
County Attorney
Post Office Box 192
2020 Hampton Street
Columbia, SC 29202 (803) 576-2070
Fax (803) 576-2139
ATTORNEY FOR CONDEMNOR-RICHLAND COUNTY
Columbia, South Carolina
August 25, 2005.
CONDEMNATION NOTICE
AND TENDER OF PAYMENT
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
C/A #05-CP-40-4269
Richland County,Condemnor,
vs.
The Heirs at Law of Simpson Toliver, Sr., Laura Jefferson, Laura Frances Toliver
Outlaw, Marion Louise Toliver Coulbourne,
Marva Toliver Diamond, The Heirs at Law of Ernest C. Toliver, Beverly ToliverChapman, Frank S. Toliver, Simpson Toliver, III, John Curtis Toliver, collectively asLandowner, And all other persons or entities unknownclaiming any right, title, interest, estate in or lien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE; and also
any Unknown Infants or Persons Under Disability being as a class designated asRICHARD ROE, Other Condemnees.TO: THE LANDOWNERS ABOVE-NAMED
Pursuant to the South Carolina Eminent Domain Procedures Act, Section 28-2-10, et. seq., Code of Laws of South Carolina, (1976), as amended, you are hereby notified as follows:
1. Richland County is the Condemnor herein for public purposes, namely for constructing, improving, and/or maintaining streets or roads thereon.
2. The following are named as having upon information and belief an interest in the property:
a. The Heirs at Law of Simpson Toliver, Sr. are named as Landowner in this action based upon information and belief that the real property tax bills for many years prior hereto have been issued in the name of The Heirs at Law of Simpson Toliver, Sr. Condemnor also names the Heirs at Law of Simpson Tolliver, Sr., as Landowner in this action based upon Judgment Roll#157953 which contains a Master’s Judgment Order, signed by the Honorable James C. Harrison, Richland County Master-In-Equity, dated October 7, 1987, and filed with the Richland County Clerk of Court on October 8, 1987, which names The Heirs at Law of Simpson Toliver, Sr., as the Landowner in a condemnation action filed by Richland County condemning a portion of the property identical to the subject property herein. Condemnor believes upon information and belief and based upon the title abstract on the subject property that Judgment Roll#29140 granted ownership of the subject property to The Heirs at Law of Simpson Toliver as tenants in common; however, Condemnor notes that upon information and belief and based on the title abstract on the subject property herein described the judgment roll#29140 is missing from the SC Department of Archives and History. Upon information and belief and based on the title abstract of the subject property herein described no probate has been filed in the name of Simpson Toliver, Sr.
b. Laura Jefferson, Laura Frances Toliver Outlaw, Marion Louise Toliver Coulbourne, Marva Toliver Diamond, The Heirs at Law of Ernest C. Toliver, Beverly Toliver Chapman, Frank S. Toliver, Simpson Toliver, III, John Curtis Toliver are named as Landowner in this action based on the probate estate of Simpson Toliver, Jr. (93ES4070894). Simpson Toliver Jr. is named as an Heir at Law of Simpson Toliver, Sr. in Judgment Roll#157953 which contains a Master’s Judgment Order, signed by the Honorable James C. Harrison, Richland County Master-In-Equity, dated October 7, 1987, and filed with the Richland County Clerk of Court on October 8, 1987, in a condemnation action filed by Richland County condemning a portion of the property identical to the subject property herein.
c. All other persons or entities unknown claiming any right, title, interest, estate in or lien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE are named.
d. All Unknown Infants or Persons Under Disability being as a class designated as RICHARD ROE are named.
3. Exhibit A, attached hereto and incorporated herein by reference is a description of the real property subject to this action and a description of the interest sought by the Condemnor.
4. Richland County is vested with the power of eminent domain pursuant to Section 4-9-30 of the Code of Laws of South Carolina, 1976, as amended.
5. The property sought herein is to be acquired for public purposes, more particularly for constructing, improving, and/or maintaining streets or roads thereon.
6. This action is brought pursuant to Section 28-2-240, Code of Laws of South Carolina, 1976, as amended.
7. Richland County has complied with the requirements set forth in section 28-2-70(A), Code of Laws of South Carolina, 1976, as amended, by having the subject property appraised and certifies to the Court that a negotiated resolution has been attempted prior to the commencement of this action.
8. Project plans may be inspected at the office of the Richland County Department of Public Works & Engineering – 400 Powell Road, Columbia, South Carolina, 29203.
9. THE CONDEMNOR HAS DETERMINED JUST COMPENSATION FOR THE PROPERTY AND RIGHTS TO BE ACQUIRED HEREUNDER TO BE THE SUM OF THREE THOUSAND SIX HUNDRED ($3,600.00) DOLLARS AND HEREBY TENDERS PAYMENT THEREOF TO THE LANDOWNER.
10. Payment of this amount will be made to the Landowner if within thirty (30) days of this Condemnation Notice, the Landowner in writing requests payment, and agrees to execute any instruments necessary to convey to the Condemnor the property interests and rights described hereinabove. The request and agreement must by sent by first class, certified mail with return receipt requested or delivered in person to the Condemnor at the Richland County Attorney’s Office, Post Office Box 192, 2020 Hampton Street, Columbia, South Carolina 29201. If no request and agreement is received by the condemnor within the thirty-day (30) period, the tender is considered rejected.
11. The Condemnor has the right to file this Condemna-tion Notice with the Clerk of Court of the County where the property is situated and deposit the tender amount with the Clerk. The Condemnor shall give the Landowner notice that it has done so and may then proceed to take possession of the property interests and exercise the rights described in this Condemantion Notice. Should the Condemnor elect to exercise its right to take possession, it shall notify the Condemnee by separate Notice prior to taking possession.
12. AN ACTION CHALLENGING THE CONDEMNOR’S RIGHT TO ACQUIRE THE PROPERTY AND RIGHTS DESCRIBED HEREIN MUST BE COMMENCED IN A SEPARATE PROCEEDING IN THE COURT OF COMMON PLEAS WITHIN THIRTY (30) DAYS OF THIS CONDEMNATION NOTICE, OR THE LANDOWNER WILL BE CONSIDERED TO HAVE WAIVED THE CHALLENGE.
13. THE CONDEMNOR HAS ELECTED NOT TO UTILIZE THE APPRAISAL PANEL PROCEDURE. Therefore, if the tender herein is rejected, the Condemnor shall notify the Clerk of Court and shall demand a trial to determine the amount of just compensation to be paid. A copy of that notice must be served on the Landowner. That notice shall state whether the Condemnor demands a trial by jury or by the court without a jury. The Landowners have the right to demand a trial by jury. The case may not be called for trial before sixty (60) days after the service of that notice, but it may thereafter be given priority for trial over other civil cases. The Clerk of Court shall give the Landowner written notice by mail of the call of the case for trial.
14. THEREFORE, IF THE TENDER HEREIN IS REJECTED, THE LAND-OWNER IS ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED.
15. In the event the Landowner accepts the amount tendered in this Notice, the attached Request for Payment and Agreement form should be signed and returned to the Condemnor within (30) days of your receipt of this Notice.
RICHLAND COUNTY ATTORNEY'S OFFICELarry C. Smith
County Attorney
Post Office Box 192
2020 Hampton Street
Columbia, SC 29202
(803) 576-2070
Fax (803) 576-2139
ATTORNEY FOR CONDEMNOR- RICHLAND COUNTY
Columbia, South Carolina
August 26, 2005.
EXHIBIT A
Richland County v. The Heirs at Law of Simpson Toliver, et al
Legal Description:
All that certain piece, parcel or strip of land situate, lying and being near the City of Columbia, in the County of Richland, State of South Carolina, designated at TMS# 11115-03-11 on the Richland County Tax Maps.
This being the same property granted to The Heirs at Law of Simpson Toliver as tenants in common in a partition action shown as Judgment Roll#29140 in the records of Richland County.
TMS# 11115-03-11
Interest to be acquired:
A permanent easement and right-of-way for a portion of that tract identified on Richland County Tax Maps as TMS 11115-03-11 (also known as NX1700 Zion Avenue) lying within 20 feet right/left of the centerline of a newly aligned Frasier Street and running from approximate survey station 0+32 to 1+70 along with a 25x25 sight triangle at corner of Zion Avenue and Frasier Street; the same being further reflected on a set of plans prepared for Richland County by Florence & Hutcheson, Consulting Engineers and shown on attached.
A copy of said plat, sketch, plan or drawing being attached hereto and made a part hereof.
ORDER
APPOINTING
GUARDIAN AD LITEM NISI
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
C/A #05-CP-40-4269
Richland County,Condemnor,
vs.
The Heirs at Law of Simpson Toliver, Sr., Laura Jefferson, Laura Frances Toliver
Outlaw, Marion Louise Toliver Coulbourne,
Marva Toliver Diamond, The Heirs at Law of Ernest C. Toliver, Beverly ToliverChapman, Frank S. Toliver, Simpson Toliver, III, John Curtis Toliver, collectively asLandowner, And all other persons or entities unknownclaiming any right, title, interest, estate in or lien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE; and also
any Unknown Infants or Persons Under Disability being as a class designated asRICHARD ROE, Other Condemnees.
Upon review of the Petition of the Plaintiff/Condemnor herein for the appointment of ARTHUR E. WHITE, JR., as Guardian ad litem nisi for the unknown minor Defendants and persons under disability and adults, if any,
IT IS ORDERED that the said ARTHUR E. WHITE, JR., be and hereby is designated and appointed Guardian ad litem nisi for said minor Defendants and persons under disability, if any, collectively designated as RICHARD ROE, and unknown adults herein collectively designated as JOHN DOE, and he is authorized to appear and defend said action on behalf of said minors and persons under disability and adults unless the said minors and persons under disability and adults, if any, or any of them, or someone on their behalf, shall within thirty (30) days after the service of a copy of this Order upon them, as herein provided, procures the appointment of a Guardian ad litem for said minors or persons under disability or adults, if any, in this action.
IT IS FURTHER ORDERED THAT this Order shall be served upon said unknown minor
Defendants and persons under disability, herein collectively designated as RICHARD ROE, and unknown adults, herein collectively designated as JOHN DOE, by publication of a copy of this Order in The Columbia Star, a newspaper published in the City of Columbia, County of Richland, State of South Carolina, once a week for three (3) successive weeks.
BARBARA A. SCOTT
Clerk of Court, Richland County
Columbia, South Carolina
August 26, 2005.
SUMMONS AND NOTICES
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF
COMMON PLEAS
(NON-JURY MORTGAGE FORECLOSURE)
2005-CP-40-3985
Wells Fargo Bank, N.A.,
PLAINTIFF,
vs.
Mary Boatright a/k/a Mary Walker a/k/a Mary Mayers,
DEFENDANT(S).
TO THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of which is herewith served upon you, or to otherwise appear and defend, and to serve a copy of your Answer to said Complaint upon the subscribers at their office, 3955 Faber Place, Suite 105, North Charleston, South Carolina, 29415, within thirty (30) days after 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 answer the Complaint within the time aforesaid, or otherwise appear and defend, the Plaintiff in this action will apply to the Court for the relief demanded therein, and 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 the Plaintiff.
YOU WILL ALSO TAKE NOTICE that should you fail to answer the foregoing Summons, the Plaintiff will move for a general Order of Reference to the Master in Equity for Richland County, which Order shall, pursuant to Rule 53(b) of the South Carolina Rules of Civil Procedure, specifically provide that the said Master in Equity is authorized and empowered to enter a final judgment in this action.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, South Carolina 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOKSHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
NOTICE OF FILING COMPLAINT
NOTICE IS HEREBY GIVEN that the original Complaint in the above entitled action, together with the Summons, was filed in the Office of the Clerk of Court for Richland County on August 12, 2005 at 11:31 a.m.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, South Carolina 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOKSHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
LIS PENDENS
NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in this court upon Complaint of the above-named Plaintiff against the above-named Defendants for foreclosure of a certain mortgage of real estate given by Mary Boatright to Wells Fargo Home Mortgage, Inc., in the amount of $ 132,000.00 dated December 20, 2001, and recorded in the Office of the Register of Deeds for Richland County in Book 609 at Page 1474 on December 31, 2001.
The premises covered and affected by the said mortgage as by the foreclosure thereof, were, at the time of the making thereof, and at the time of the filing of this Notice, described as follows:
All that certain piece, parcel, or lot of land, together with the improvements thereon, situate, lying, and being in the County of Richland, State of South Carolina, the same being shown and designated as Lot No. 10, Block “M”, on that plat of Briarcliffe Estates, Section 1-B, on that plat drawn by B.P. Barber and Associates recorded in the Richland County Register of Deeds Office in Plat Book “X” at Page 4915. The same being also shown and designated on that certain plat prepared for William J. New and Helen F. New, by James F. Polson, dated June 3, 1987, and recorded in Plat Book 51 at Page 7060, and having the same property shape, metes, measurements, and bounds as shown on said latter plat, be all measurements a little more or less.
TMS#: 25908-07-07
Property Address: 112 Windwood Drive, Elgin, SC
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, South Carolina 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOKSHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
North Charleston, South Carolina
August 12, 2005
SUMMONS AND NOTICES
STATE OF
SOUTH CAROLINA COUNTY OF RICHLAND
IN THE COURT OF
COMMON PLEAS
(NON-JURY MORTGAGE FORECLOSURE)
2005-CP-40-2826
GMAC Mortgage Corporation,
PLAINTIFF,
vs.
Howard L. Austin, if not deceased, and if deceased, The Estate of Howard L. Austin, and any other Heirs, and all others claiming any right, title or interest in the real estate known as 127 Inway Drive Columbia, SC 29223, any adults or persons in the Military Service of the United States of America, being a class designated as John Doe, and any minors or persons under legal disability, being a class designated as Richard Roe; and Chong Suk Austin a/k/a Chong S. Austin,,
DEFENDANT(S).
TO THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint herein, a copy of which is herewith served upon you, or to otherwise appear and defend, and to serve a copy of your Answer to said Complaint upon the subscribers at their office, 3955 Faber Place, Suite 105, North Charleston, South Carolina, 29415, within thirty (30) days after 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 answer the Complaint within the time aforesaid, or otherwise appear and defend, the Plaintiff in this action will apply to the Court for the relief demanded therein, and judgment by default will be rendered against you for the relief demanded in the Complaint.
TO MINOR(S) OVER FOURTEEN YEARS OF ARE, 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 SUMMOND 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 the Plaintiff.
YOU WILL ALSO TAKE NOTICE that should you fail to answer the foregoing Summons, the Plaintiff will move for a general Order of Reference to the Joseph M. Strickland, Master in Equity for Richland, which Order shall, pursuant to Rule 53(b) of the South Carolina Rules of Civil Procedure, specifically provide that the said, Joseph M. Strickland, Master in Equity is authorized and empowered to enter a final judgment in this action. FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
NOTICE OF FILING COMPLAINT
NOTICE IS HEREBY GIVEN that the original Complaint in the above entitled action, together with the Summons, was filed in the Office of the Clerk of Court for Richland County on June 14, 2005 at 3:28 P.M.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
NOTICE OF
PENDENCY OF ACTION
NOTICE IS HEREBY GIVEN that an action has been commenced and is now pending in this court upon Complaint of the above-named Plaintiff against the above-named Defendants for foreclosure of a certain mortgage of real estate given by Howard L. Austin and Chong Suk Austin to GMAC Mortgage Corporation, in the amount of $80,228.00 dated May 21, 1998, and recorded in the Office of the Register of Deeds for Richland County in Book 83 at Page 675 on May 29, 1998.
The premises covered and affected by the said mortgage as by the foreclosure thereof, were, at the time of the making thereof, and at the time of the filing of this Notice, described as follows:
All that certain piece, parcel or lot of land, together with the improvements thereon, situate, lying and being near the City of Columbia, County of Richland, State of South Carolina, the same being shown as Lot 24, Block "I", on a plat of Candelwood, Parcel A, by B. P. Barber & Associates, Inc., dated July 18, 1973, revised on October 31, 1978, and recorded in the RMC Office for Richland County in Plat Book "Y" at Page 3004; also being shown on a plat prepared for Howard L. Austin and Chong Suk Austin by Collingwood Surveying, Inc., dated June 13, 1991, and recorded in Plat Book 53, Page 5407, having such boundaries and measurements as shown on said latter plat, reference to which is hereby craved for a more complete and accurate description, all measurements being a little more or less.
TMS #: 20115-02-23
Property Address:
127 Inway Drive
Columbia, S.C.
FINKEL & ALTMAN, L.L.C.
Post Office Box 71727
3955 Faber Place, Suite 200
North Charleston, SC 29415
(843) 576-1072
BEVERLY J. FINKEL THOMAS A. SHOOK
SHARYN E. BLUESTEIN ELIZABETH A. SHUFFLER
BRIAN M. ANNINO
SUSAN S. WHITE
Charleston, South Carolina
June 14, 2005
ORDER
APPOINTING GUARDIAN AD LITEM NISI
It appearing to the satisfaction of the Court, upon reading and filing of the Petition of the Plaintiff for the appointment of Kelley Y. Woody, attorney in Columbia, South Carolina, as Guardian ad Litem Nisi for all unknown minors, and for all persons who may be under a legal disability, it is
ORDERED that Kelley Y. Woody, Attorney at Law, be and she is hereby appointed Guardian ad Litem Nisi on behalf of unknown minors or persons under a legal disability, all of whom may have an interest in or claim to have some interest in the real property known as 127 Inway Drive Columbia, SC 29223; that she is empowered and directed to appear on behalf of and represent said Defendants, unless the said Defendants, or someone on their behalf, shall within thirty (30) days after service of a copy hereof as directed, procure the appointment of a Guardian ad Litem for the said Defendants;
AND IT IS FURTHER ORDERED that a copy of this Order shall forthwith be served upon the said Defendants by publication thereof in the Columbia Star (f/k/a The Star Reporter), a newspaper of general circulation published in the County of Richland, State of South Carolina, once a week for three consecutive weeks, together with the Amended Summons in the above entitled action.
Barbara A. Scott, Clerk of Court for Richland County
Columbia, South Carolina
August 15, 2005
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE FAMILY COURT OF THE FIFTH
JUDICIAL CIRCUlT
05DR401785
EARDINE ERVIN,
Plaintiff,
vs.
JOE ERVIN
Defendant.
TO THE DEFENDANT(S) ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of which is herewith served upon you, and to serve a copy of your answer to said complaint upon the subscriber, at his office at 1122 Lady Street Suite 1220 Columbia, South Carolina 29201-3240, within thirty (30) days after the service hereof, exclusive of the day of such service, and if you fail to answer the complaint within the time aforesaid, plaintiff(s) will apply to the court for the relief demanded in the complaint and judgment by default will be rendered against you for the relief demanded in the complaint.
LAW OFFICES OF STEPHEN R. FITZER
Attorney for Plaintiff
Columbia, South Carolina
May 11, 2005.
NOTICE OF FILING COMPLAINT
TO THE DEFENDANT, JOE ERVIN:
PLEASE TAKE NOTICE that the original Summons and Complaint in the above styled action were filed in the Office of the Clerk of the Family Court for Richland County, SC, the object and prayer which is to seek a divorce a vinculo matrimonii and related relief from you.
LAW OFFICES OF STEPHEN R. FITZER
Stephen R. Fitzer
1122 Lady Street Suite 1220
Columbia, SC 29201
Ph. 254-2260
Fax 254-2293
Attorney for Plaintiff
Columbia, SC
August 25, 2005.
XXXXXX
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF COMMON PLEAS
(NON-JURY)
05-CP-40-03975
BENEDICT-ALLEN COMMUNITY DEVELOPMENT CORPORATION,
Plaintiff,
vs.
DAVID A. ADAMS, AS TREASURER OF RICHLAND COUNTY, HARRY
BAKER AND OSCAR REED, AND IF THE SAID HARRY BAKER AND/OR OSCAR REED ARE DECEASED THEN THEIR HEIRS OR DEVISEES AT LAW AND ALL OTHER PERSONS
UNKNOWN CLAIMING ANY RIGHT, TITLE, INTEREST IN OR LIEN UPON
THE REAL ESTATE DESCRIBED HEREIN AND ANY UNKNOWN INFANTS OR PERSONS UNDER
DISABLITY OR PERSONS IN THE MILITARY SERVICE HEREBY DESIGNATED AS A CLASS AS
JOHN DOE,
Defendants.
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Complaint in this action, a copy of which is hereby served upon you, to serve a copy of your Answer upon the Subscriber at 1418 Park Street, Columbia, South Carolina, within thirty (30) days, thirty-five (35) days if service is by certified mail, exclusive of the day of said service, and if you fail to answer, appear or defend this action with the time aforesaid, judgment by default will be rendered against you for the relief demanded in the
Complaint.
H. Ronald Stanley
Attorney for Plaintiff
1418 Park Street
Post Office Box 7722
Columbia, SC 29202
(803) 799-4700
Columbia, South Carolina
8-10-05
NOTICE OF FILING
NOTICE IS HEREBY GIVEN that the Summons and Complaint in the above entitled action was filed in the Office of the Clerk of Court for Richland County on August 11, 2005.
H. Ronald Stanley
Attorney for Plaintiff
NOTICE OF
PENDENCY OF ACTION
LIS PENDENS
NOTICE IS HEREBY GIVEN THAT an action has been commenced and is now pending in this Court upon a Complaint of the above named Plaintiff against the above named Defendants for the purpose of quieting title to the hereinafter described property and forever barring all claims, rights, title, interest or lien of the above named Defendants in and to the property hereinafter described.
The property affected by this action is situated in the County of Richland, in the State of South Carolina and is described as follows:
All that certain piece, parcel, or lot of land, situate, lying and being in the City of Columbia, in the County of Richland, State of South Carolina, being shown and delineated as Lot 124 on a plat of Eau Claire Heights recorded in the Office of the Richland County R.M.C. (n/k/a/ the R.O.D.) in Plat Book "B" at page 69 and having such metes and bounds as thereon set forth. Said property being the identical property heretofore conveyed to The Richland County Forfeited Land Commission by deed of Cornelia S. Pasky, Treasurer/Tax Collector of Richland County, recorded December 12, 1996, in the Office of the R.O.D. (f/k/a Register of Mesne Convey-ances) for Richland County, South Carolina, in Deed Book 1353 at Page 311.
LAW OFFICE OF H. RONALD STANLEY
H. Ronald Stanley
Attorney for Plaintiff
1418 Park Street
Post Office Box 7722
Columbia, SC 29202
(803) 799-4700
Columbia, South Carolina
Dated:8-11-05
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF COMMON PLEAS
(NON-JURY)
05-CP-40-03974
BENEDICT-ALLEN COMMUNITY DEVELOPMENT CORPORATION,
Plaintiff,
vs.
DAVID A. ADAMS, AS TREASURER OF RICHLAND COUNTY, JAMES B. JOHNSON, IWILLIE H. GILLIAM, MARTHA CARROLL, CORINNE JOHNSON AND BILL PETERSON, JR., AND IF ANY OF THE INDIVIDUALLY NAMED DEFENDANTS ARE
DECEASED, THEN THEIR HEIRS OR DEVISEES AT LAW, AND ALL OTHER
PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, INTEREST IN OR LIEN UPON THE REAL ESTATE DESCRIBED HEREIN AND ANY UNKNOWN INFANTS OR PERSONS UNDER DISABLITY OR PERSONS IN
THE MILITARY SERVICE HEREBY DESIGNATED AS A CLASS AS JOHN DOE,
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Complaint in this action, a copy of which is hereby served upon you, and to serve a copy of your Answer upon the Subscriber at 1418 Park Street, Columbia, South Carolina, within thirty (30) days, thirty-five (35) days if service is by certified mail, exclusive of the day of said service, and if you fail to answer, appear or defend this action within the time aforesaid, judgment by default will be rendered against you for the relief demanded in the Complaint.
H. Ronald Stanley
Attorney for Plaintiff
1418 Park Street
Post Office Box 7722
Columbia, SC 29202
(803) 799-4700
Columbia, South Carolina
Dated: 8-11-05
NOTICE OF FILING
NOTICE IS HEREBY GIVEN that the Summons and Complaint in the above entitled action was filed in the Office of the Clerk of Court for Richland County on August 11, 2005.
H. Ronald Stanley
Attorney for Plaintiff
NOTICE OF
PENDENCY OF ACTION
LIS PENDENS
NOTICE IS HEREBY GIVEN THAT an action has been commenced and is now pending in this Court upon a Complaint of the above named Plaintiff against the above named Defendants for the purpose of quieting title to the hereinafter described property and forever barring all claims, rights, title, interest or lien of the above named Defendants in and to the property hereinafter described.
The property affected by this action is situated in the County of Richland, in the State of South Carolina and is described as follows:
All that certain piece, parcel, or lot of land, situate, lying and being in the County of Richland, State of South Carolina, being shown and delineated as Lot 20 on a plat recorded in the Office of the Richland County R.O.D. in Plat Book K at page 34 and thereon being described as being bounded on the Southwest by Ridgewood Camp Road for a distance of 60+/-feet; Northwest by Lot 21 for a distance of 130+/-feet; Northeast by Lot 16 for a distance of 60+/-feet; Southeast by Lots 17 & 19 for a distance of 130+/-feet; said plat being hereto craved for a more complete and accurate description. Said property being the identical property heretofore conveyed to The Richland County Forfeited Land Commission by deed of Cornelia S. Pasky, Treasurer/Tax Collector of Richland County, recorded December 31, 2002, in the Office of the R.O.D. for Richland County, South Carolina, in Deed Book 741 at Page 2991.
LAW OFFICE OF H. RONALD STANLEY
H. Ronald Stanley
Attorney for Plaintiff
1418 Park Street
Post Office Box 7722
Columbia, SC 29202
(803) 799-4700
Columbia, South Carolina
8-11-05
SUMMONS AND NOTICE
STATE OF
SOUTH CAROLINACOUNTY OF RICHLANDIN THE FAMILY COURT
FIFTH JUDICIAL
CIRCUIT
05-DR-40:1523IRVIN T. MAXWELL,Plaintiff,
vs.KATHY REICH,Defendant.
TO: KATHY REICH, Defendant:
YOU ARE HEREBY SUMMONED and required to answer the Complaint for Divorce in this action and serve a copy of your Answer on the Plaintiff at the address below within thirty (30) days after the service of this Summons upon you, not counting the day of service. If you do not answer the Complaint within that time, the Plaintiff will ask the Court to grant the relief
requested in the Complaint.
Please take notice that the Summons and Complaint for Divorce were filed on
May 6, 2005 in the Office of the Clerk of Court for Richland County; and
you may request a copy by writing to: Family Court, P.O. Box 192, Columbia,
S.C. 29202.
Irvin Maxwell, Plaintiff
524 Edwards Road
July 20, 2005
Carlisle, S. C. 29031
SUMMONS FOR
SERVICE BY PUBLICATION
STATE OF
SOUTH CAROLINAIN THE COURT OF
COMMON PLEAS
COUNTY
OF RICHLAND
(Non Jury)
2005-CP-40-1737
(AS TO BRYAN PLUMBING COMPANY, INC., A/K/A BRYAN PLUMBING, INC.)
First Citizens Bank and Trust Company, Inc.
f/k/a First Citizens Bank and Trust Company
of South Carolina ,
vs.
Bryan Plumbing Company, Inc. a/k/a Bryan Plumbing, Inc. and Bryan Hollis, Defendants
TO THE DEFENDANT BRYAN PLUMBING COMPANY, INC., A/K/A BRYAN PLUMBING, INC. ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to Answer the Complaint in this action, a copy of which is on file with the Richland County Clerk of Court and available for inspection having been filed on April 14, 2005, at 9:14 a.m. You are to serve a copy of your answer to said Complaint on the persons whose names are subscribed below at 1201 Main Street, 22nd Floor, Post Office Box 11889, Columbia, South Carolina 29201, within thirty (30) 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.
NOTICE OF FILING OF COMPLAINT
(AS TO BRYAN PLUMBING COMPANY, INC., A/K/A BRYAN PLUMBING, INC.)
Please take notice that a Verified Complaint seeking a deficiency judgment, was filed in the within action on April 14, 2005, First Citizens Bank and Trust Company of South Carolina v. Bryan Plumbing Company, Inc. a/k/a Bryan Plumbing, Inc. and Bryan Hollis, Case No. 2005-CP-40-1737.
A copy of the Complaint is on file with the Clerk of Court for Richland County and available for inspection by interested persons.
Haynsworth Sinkler Boyd, P.A.
Stanley H. McGuffin
Post Office Box 11889
Columbia, SC 29211-1889
(803) 779-3080
Attorneys for First Citizens Bank and Trust Company, Inc. f/k/a First Citizens Bank and Trust
August 14, 2005 Company of South Carolina
SUMMONS AND NOTICE OF FILING OF
COMPLAINT
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF
COMMON PLEAS
05-CP-40-3814
Flagstar Bank, FSB,
PLAINTIFF,
vs.
Genaro Jacobo a/k/a Genaro Diaz Jacobo a/k/a Genaro D. Jacobo a/k/a Genaro F. Jocobo a/k/a Genaro Diaz a/k/a Genaro D. Jacobo a/k/a Genaro J. Diaz a/k/a Genaro Diaz Jacabo a/k/a Genaro D. Jacabo and South Carolina Department of Motor Vehicles,
DEFENDANTS.
050855.00029
TO THE DEFENDANT GENARO JACOBO A/K/A GENARO DIAZ JACOBO A/K/A GENARO D. JACOBO A/K/A GENARO F. JOCOBO A/K/A GENARO DIAZ A/K/A GENARO D. JACOBO A/K/A GENARO J. DIAZ A/K/A GENARO DIAZ JACABO A/K/A GENARO D. JACABO ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in the above entitled action, copy of which is herewith served upon you, and to serve copy of your answer upon the undersigned at their offices, 2712 Middleburg Drive, Suite 200, P.O. Box 2065, Columbia, South Carolina 29202, within thirty (30) days after service hereof upon you, exclusive of the day of such service, and if you fail to answer the Complaint within the time aforesaid, the Plaintiff in this action will apply to the Court for the relief demanded in the Complaint, and judgment by default will be rendered against you for the relief demanded in the Complaint.
NOTICE IS HEREBY GIVEN that the original Complaint in the above entitled action was filed in the office of the Clerk of Court for Richland County on August 4, 2005.
SCOTT LAW FIRM, P.A.
Ronald C. Scott,
SC BAR #4996
FEDERAL #3768
Elizabeth R. Polk,
SC BAR #11673
J. Douglas Seigler,
SC BAR # 5012
George O. Hallman, Jr.,
SC BAR #2609
P.O. Box 2065
Columbia, SC 29202
Attorneys for the Plaintiff
(803) 252-3340
Columbia, South Carolina
AMENDED LIS PENDENS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF
COMMON PLEAS
05-CP-40-3814
Flagstar Bank, FSB,
PLAINTIFF,
VS.
Genaro Jacobo a/k/a Genaro Diaz Jacobo a/k/a Genaro D. Jacobo a/k/a Genaro F. Jocobo a/k/a Genaro Diaz a/k/a Genaro D. Jacobo a/k/a Genaro J. Diaz a/k/a Genaro Diaz Jacabo a/k/a Genaro D. Jacabo and South Carolina Department of Motor Vehicles, ,
DEFENDANTS.
NOTICE IS HEREBY GIVEN that an action has been commenced by the Plaintiff above named against the Defendants above named for the foreclosure of a certain mortgage given by Genaro Jacobo to Equisource Home Mortgage Corporation, dated May 10, 2002, recorded May 16, 2002, in the office of the Clerk of Court/Register of Deeds for Richland County, in Book 662, at Page 2114; subsequently assigned unto Flagstar Bank, FSB by assignment instrument dated May 10, 2002 and recorded May 16, 2002 in Book 662 at Page 2128.
The description of the premises as contained in said mortgage is as follows:
All that certain piece, parcel or tract of land, situate, lying and being in the County of Richland, State of South Carolina, about 7.5 miles east of Horrell Hill and further designated as Lot 3, containing 1.024 acres, on that Plat of Pinetta Park Subdivision by United Design Services, Incorporated, dated January 14, 1999, and recorded in the ROD Office for Richland County, at Record Book 282, Page 2239, and having such and having such (sic) shapes, courses, distances, metes and bounds incorporated by reference shown upon said plat reference being craved thereunto as often as necessary for a more complete and accurate description.
This being the same property conveyed to GENARO D. JACABO by Deed of LEON A. HORTON, SR., dated 04-12-99, filed 04-21-99 in Book 299 at Page 222, aforesaid Richland County records.
TMS # 35301-01-06
It is the intention of the undersigned mortgagor and/or borrower that the above described mobile/manufactured home, given as security to said Mortgagee along with the above described land (real property), is to be construed as permanent, affixed to the above land, a part of the realty, an appurtenance thereto, and the undersigned affirms the home will not be moved or relocated whatsoever as long as said Mortgagee has a security interest therein.
This being the identical property conveyed by deed of Genaro D. Jacabo to Genaro D. Jacobo dated and filed 5/16/02 in Book 662 at Page 2111 in the Office of the ROD for Richland County, SC., filed herewith.
Upon information and belief, the correct Derivation for the subject property is as follows:
This being the same property conveyed to Genaro D. Jacabo by Deed of Leon A. Horton, Sr. and Carlita J. Horton, dated April 12, 1999 and recorded April 21, 1999 in Book 299 at Page 222; thereafter, to correct the spelling of his name, Genaro D. Jacabo conveyed the subject property to Genaro D. Jacobo by Deed dated May 10, 2002 and recorded May 16, 2002 in Book 662 at Page 2111 in the Office of the Register of Deeds for Richland County.
Property Address:
357 Willie Wilson Road
Eastover, SC 29044
The Plaintiff is informed and believes that the Mortgage identified herein and given to the Plaintiff, which is the subject of this foreclosure action, contains a provision wherein it created and granted a security interest in favor of the Plaintiff in the following collateral:
One 1999 Fleetwood, Serial No. NCFLW46AB08005CL12, including any fixtures.
The Plaintiff is also informed and believes that the Defendant is presently in possession of the mobile home and the Plaintiff is informed and believes it is entitled to possession and ownership of the Mobile Home as a permanent fixture and/or improvement under the real estate mortgage of the Plaintiff as herein identified and the applicable common and statutory laws of South Carolina.
SCOTT LAW FIRM, P.A.
Ronald C. Scott,
SC Bar #4996
Elizabeth R. Polk,
SC Bar #11673
J. Douglas Seigler,
SC Bar #5012
George O. Hallman, Jr.,
SC Bar #2609
ATTORNEYS FOR THE PLAINTIFF
2712 Middleburg Dr., Ste 200
Columbia, SC 29204
(803) 252-3340
Columbia, South Carolina
August 3, 2005
SUMMONS IN A CIVIL ACTION
STATE OF
SOUTH CAROLINA
UNITED STATES
DISTRICT COURT
COLUMBIA DIVISION
CASE#:3:05-1746-MBS
Gladney Construction, Inc.
vs.
William H. Edwards, Gail Edwards, and International Family Church,
To: William H. Edwards
1105 Pope Street
Columbia, SC 29201-1827
YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF’S ATTORNEY,
H. Clayton Walker, Jr., Walker, Martin & Reibold, LLC, PO Box 61140 Columbia, SC 29260, an answer to the complaint which is served on you with this summons, within 20 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with Clerk of this Court within a reasonable period of time after service.
Summons and Complaint Filed in the US District Court, Columbia Division, SC on June 17, 2005.
/s Larry W. Propes, Clerk of Court
/s Mary E. Deal, Deputy Clerk of Court
June 17, 2005
SUMMONS IN A CIVIL ACTION
STATE OF
SOUTH CAROLINA
UNITED STATES
DISTRICT COURT
COLUMBIA DIVISION
CASE#:3:05-1746-MBS
Gladney Construction, Inc.
vs.
William H. Edwards, Gail Edwards, and International Family Church,
To: Gail Edwards
1105 Pope Street
Columbia, SC 29201-1827
YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF’S ATTORNEY,
H. Clayton Walker, Jr., Walker, Martin & Reibold, LLC, PO Box 61140 Columbia, SC 29260, an answer to the complaint which is served on you with this summons, within 20 days after service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with Clerk of this Court within a reasonable period of time after service.
Summons and Complaint Filed in the US District Court, Columbia Division, SC on June 17, 2005.
/s Larry W. Propes, Clerk of Court
/s Mary E. Deal, Deputy Clerk of Court
June 17, 2005
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF
COMMON PLEAS
04-CP-40-4754
Warren B. Giese, Solicitor,
Fifth Judicial Circuit,
Plaintiff,
vs.
Seven Hundred Eight and 00/100ths ($708.00) Dollars US Currency, Six and 34/100ths (6.34) Grams Crack Cocaine, and Ben Cooper, An Interested Party,
Defendants.
TO: TO THE DEFENDANT ABOVE
NAMED: BEN COOPER AND AGENT LLOYD DUNHAM, AND THE RICHLAND COUNTY SHERIFF'S DEPARTMENT, PERSONS KNOWN TO HAVE AN INTEREST IN THE DEFENDANT PROPERTY:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this proceeding, copy of which is herewith served upon you, and to serve a copy of your Answer to the said Complaint on the undersigned at 2229 Bull Street, Columbia, South Carolina 29201 within thirty (30) days after the service hereof, exclusive of the date 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.
NOTICE IS HEREBY GIVEN that the original Complaint in this action was filed in the Office of the Richland County Clerk of Court on October 6, 2004.
David W. Farrell
2229 Bull Street
Columbia, SC 29201
(803)256-7011
ATTORNEY FOR THE PLAINTIFF
Columbia, South Carolina
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF
COMMON PLEAS
05-CP-40-03314
Warren B. Giese, Solicitor,
Fifth Judicial Circuit,
Plaintiff,
vs.
Four Thousand and 00/100ths ($4,000.00)
Dollars US Currency, One Hundred Forty Nine and 84/100ths (149.84) Grams Marijuana, and Quoc Luong Pham, An Interested Party,
Defendants.
TO: TO THE DEFENDANT ABOVE
NAMED: QUOC LUONG PHAM AND AGENT LLOYD DUNHAM, AND THE RICHLAND COUNTY SHERIFF'S DEPARTMENT, PERSONS KNOWN TO HAVE AN INTEREST IN THE DEFENDANT PROPERTY:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this proceeding, copy of which is herewith served upon you, and to serve a copy of your Answer to the said Complaint on the undersigned at 2229 Bull Street, Columbia, South Carolina 29201 within thirty (30) days after the service hereof, exclusive of the date 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.
NOTICE IS HEREBY GIVEN that the original Complaint in this action was filed in the Office of the Richland County Clerk of
Court on July 8, 2005.
David W. Farrell
2229 Bull Street
Columbia, SC 29201
(803) 256-7011
ATTORNEY FOR THE PLAINTIFF
Columbia, South Carolina
SUMMONS AND NOTICES
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE COURT OF COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
05-CP-40-3898ROBERT L. GILL and BARBARA H. GILL
Plaintiffs,
vs.SPECIALTY CONSTRUCTION BRANDS f/k/a TEC SPECIALTY PRODUCTS, INC., GARDENWOOD, INC.,STUCCO UNLIMITED, INC. B&L DISTRIBUTING CO. OF SOUTH CAROLINA, INC. Defendants.TO THE DEFENDANT GARDENWOOD, INC.:
YOU ARE HEREBY SUMMONED and required to answer the Complaint, a copy of which is herewith served upon you, or to otherwise appear and defend, and to serve a copy of your Answer to said Complaint upon the subscribers at their office, 1201 Main Street, Suite 1800, P.O. Box 1799, Columbia, South Carolina, 29202, within thirty (30) days after service hereof, exclusive of the day of such service and if you fail to answer the Complaint within the time aforesaid, or otherwise appear and defend, the Plaintiff in this action will apply to the Court for the relief demanded therein, and judgment by default will be rendered against you for the relief demanded in the Complaint.
YOU WILL ALSO TAKE NOTICE that should you fail to Answer the foregoing Summons and Complaint, the Plaintiff will move for a general Order of Reference to the Master-in-Equity for Richland County, which Order shall, pursuant to Rule 53(e) of the South Carolina Rules of Civil Procedure, specifically provide that the said Master-in-Equity is authorized and empowered to enter a final judgment in this action.
NOTICE OF FILING COMPLAINT
NOTICE IS HEREBY GIVEN that the original Summons and Complaint in the above entitled action, was filed in the Office of the Clerk of Court for Richland County on August 9, 2005 at 4:09 p.m.
FINKEL & ALTMAN, L.L.C.
1201 Main Street, Suite 1800
Post Office Box 1799
Columbia, SC 29202
(803)765-2935
Charles A. Krawczyk
ATTORNEYS FOR PLAINTIFF
SUMMONS
STATE OF
SOUTH CAROLINA
COUNTY OF RICHLAND
IN THE CIRCUIT
COURT
(Non-Jury -Foreclosure)
2005-CP-40-2717
Timberlake Homeowners Association, Inc.
Plaintiff,
vs.Justin Wayne Shumate and Harbison Community Association, Inc. Defendants.
TO THE DEFENDANTS ABOVE-NAMED:
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 said Complaint upon the subscriber, at his office, 923 Calhoun Street, Post Office Box A, Columbia, South Carolina 29250, within thirty (30) days after the service hereof, exclusive of the day of such service; and if you fail to answer the Complaint in the time aforesaid, a judgment by default will be rendered against you for the relief demanded in the Complaint.
NOTICE OF FILING COMPLAINT
TO THE ABOVE NAMED DEFENDANT(S):
YOU WILL PLEASE TAKE NOTICE that the original Complaint in the above-styled action was filed in the Office of the Clerk of Court for Richland County on June 8, 2005.
James C. Harrison, Jr.
James C. Harrison, Jr., P. A.
P. O. Box 50143
Columbia, SC 29250
803-779-2211
Attorney for Plaintiff
SUMMONS AND NOTICE OF FILING THE
CONDEMNATION
NOTICE AND
TENDER OF
PAYMENT, AND TAKING
POSSESSION OF
PROPERTY
PURSUANT TO S.C. CODE ANN. SECTION
28-2-90(3)
STATE OF
SOUTH CAROLINA COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
05-CP-40-4207
Richland County,Condemnor,vs.Belton C. Knox and the heirs at law of George B. Knox, collectively as Landowner,Hattie Bell, Jerome C. Knox, and all other persons or entities unknown claiming anyright, title, interest, estate in or lien upon the Real Estate described herein; andalso any Unknown Adults being as a class designated as JOHN DOE; and alsoany Unknown Infants or Persons Under Disability being as a class designated
as RICHARD ROE,Other Condemnees.
YOU ARE HEREBY SUMMONED, advised and notified, that pursuant to the South Carolina Eminent Domain Procedures Act, Section 28-2-10, et. seq., Richland County, South Carolina, has filed the Notice of Condemnation and Tender of Payment with the Clerk of Court for Richland County on this 22nd day of August, 2005, at 1701 Main Street, Columbia, South Carolina, a copy of which is herewith served upon you, and has deposited with same the sum of Two Thousand Eight Hundred Seventy-Five ($2,875.00) Dollars, the amount determined by the Condemnor to be just compensation in this case, and pursuant to section 28-2-90(3) of the South Carolina Eminent Domain Procedures Act, the Condemnor is taking possession of the property interest that is more fully set forth in the Notice of Condemnation filed in this case.
The purpose of this lawsuit is to enable the Condemnor to acquire the aforementioned interest for public purposes, as is more fully stated in the Notice of Condemnation.
RICHLAND COUNTY ATTORNEY'S OFFICE
Larry C. Smith
County Attorney
Post Office Box 192
2020 Hampton Street
Columbia, SC 29202
(803) 576-2070
Fax (803) 576-2139
ATTORNEY FOR CONDEMNOR-RICHLAND COUNTY
Columbia, South Carolina
8-22-2005.
CONDEMNATION NOTICE
AND TENDER OF PAYMENT
STATE OF
SOUTH CAROLINA COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
05-CP-40-4207
Richland County,Condemnor,vs.Belton C. Knox and the heirs at law of George B. Knox, collectively as Landowner,Hattie Bell, Jerome C. Knox, and all other persons or entities unknown claiming anyright, title, interest, estate in or lien upon the Real Estate described herein; andalso any Unknown Adults being as a class designated as JOHN DOE; and alsoany Unknown Infants or Persons Under Disability being as a class designated
as RICHARD ROE,Other Condemnees.
TO: THE LANDOWNERS ABOVE-NAMED
Pursuant to the South Carolina Eminent Domain Procedures Act, Section 28-2-10, et. seq., Code of Laws of South Carolina, (1976), as amended, you are hereby notified as follows:
1. Richland County is the Condemnor herein for public purposes, namely for constructing, improving, and/or maintaining streets or roads thereon.
2. The following are named as having upon information and belief an interest in the property:
a. Belton C. Knox is named as a Landowner in this action based upon that certain deed of distribution filed in Deed Book 1239, page 840, in the Richland County office of R.O.D.
b. The heirs at law of George B. Knox are named collectively as Landowner in this action based upon information and belief and based on the title abstract on the subject property herein described that George B. Knox is deceased as has been for some time; however, based on the title abstract on the subject property herein described it appears that a probate was filed and subsequently terminated before it was closed, with no deed of distribution being issued.
c. Hattie Bell and Jerome E. Knox are named as Other Condemnees in this action based upon the probate petition in the name of George B. Knox which was filed with the Richland County Probate Court on February 12, 1998 and subsequently terminated, and names Hattie Bell, Belton C. Knox, and Jerome E. Knox as intestate heirs.
d. All other persons or entities unknown claiming any right, title, interest, estate in or lien upon the Real Estate described herein; and also any Unknown Adults being as a class designated as JOHN DOE are named.
e. All Unknown Infants or Persons Under Disability being as a class designated as RICHARD ROE are named.
3. Exhibit A, attached hereto and incorporated herein by reference is a description of the real property subject to this action and a description of the interest sought by the Condemnor.
4. Richland County is vested with the power of eminent domain pursuant to Section 4-9-30 of the Code of Laws of South Carolina, 1976, as amended.
5. The property sought herein is to be acquired for public purposes, more particularly for constructing, improving, and/or maintaining streets or roads thereon.
6. This action is brought pursuant to Section 28-2-240, Code of Laws of South Carolina, 1976, as amended.
7. Richland County has complied with the requirements set forth in section 28-2-70(A), Code of Laws of South Carolina, 1976, as amended, by having the subject property appraised and certifies to the Court that a negotiated resolution has been attempted prior to the commencement of this action.
8. Project plans may be inspected at the office of the Richland County Department of Public Works & Engineering – 400 Powell Road, Columbia, South Carolina, 29203.
9. THE CONDEMNOR HAS DETERMINED JUST COMPENSATION FOR THE PROPERTY AND RIGHTS TO BE ACQUIRED HEREUNDER TO BE THE SUM OF TWO THOUSAND EIGHT HUNDRED SEVENTY-FIVE ($2,875.00) DOLLARS AND HEREBY TENDERS PAYMENT THEREOF TO THE LANDOWNER.
10. Payment of this amount will be made to the Land-owner if within thirty (30) days of this Condemnation Notice, the Landowner in writing requests payment, and agrees to execute any instruments necessary to convey to the Condemnor the property interests and rights described hereinabove. The request and agreement must by sent by first class, certified mail with return receipt requested or delivered in person to the Condemnor at the Richland County Attorney’s Office, Post Office Box 192, 2020 Hampton Street, Columbia, South Carolina 29201. If no request and agreement is received by the condemnor within the thirty-day (30) period, the tender is considered rejected.
11. The Condemnor has the right to file this Condemna-tion Notice with the Clerk of Court of the County where the property is situated and deposit the tender amount with the Clerk. The Condemnor shall give the Landowner notice that it has done so and may then proceed to take possession of the property interests and exercise the rights described in this Condemantion Notice. Should the Condemnor elect to exercise its right to take possession, it shall notify the Condemnee by separate Notice prior to taking possession.
12. AN ACTION CHALLENGING THE CONDEMNOR’S RIGHT TO ACQUIRE THE PROPERTY AND RIGHTS DESCRIBED HEREIN MUST BE COMMENCED IN A SEPARATE PROCEEDING IN THE COURT OF COMMON PLEAS WITHIN THIRTY (30) DAYS OF THIS CONDEMNATION NOTICE, OR THE LANDOWNER WILL BE CONSIDERED TO HAVE WAIVED THE CHALLENGE.
13. THE CONDEMNOR HAS ELECTED NOT TO UTILIZE THE APPRAISAL PANEL PROCEDURE. Therefore, if the tender herein is rejected, the Condemnor shall notify the Clerk of Court and shall demand a trial to determine the amount of just compensation to be paid. A copy of that notice must be served on the Landowner. That notice shall state whether the Condemnor demands a trial by jury or by the court without a jury. The Landowners have the right to demand a trial by jury. The case may not be called for trial before sixty (60) days after the service of that notice, but it may thereafter be given priority for trial over other civil cases. The Clerk of Court shall give the Landowner written notice by mail of the call of the case for trial.
14. THEREFORE, IF THE TENDER HEREIN IS REJECTED, THE LAND-OWNER IS ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED.
15. In the event the Land-owner accepts the amount tendered in this Notice, the attached Request for Payment and Agreement form should be signed and returned to the Condemnor within (30) days of your receipt of this Notice.
RICHLAND COUNTY ATTORNEY'S OFFICE
Larry C. Smith
County Attorney
Post Office Box 192
2020 Hampton Street
Columbia, SC 29202
(803) 576-2070
Fax (803) 576-2139
ATTORNEY FOR CONDEMNOR- RICHLAND COUNTY
Columbia, South Carolina
8-22-2005.
EXHIBIT A
Richland County v. Belton C. Knox et al
Legal Description:
All that certain piece, parcel or tract of land, situate, lying and being on the Northwest side of Childs Street, in the County of Richland, State of South Carolina containing approximately 5.14 acres, more or less, described as Lot 1, 2 and part of Lot 5 on TMS# 11115-08-16.
This being the same property conveyed to George B. Knox and Belton C. Knox by Deed of Distribution from the Estate of Laurine Margaret Knox being dated November 14, 1994, and filed at the Richland County ROD on January 24, 1995, in Book 1239 at page 840.
TMS 11115-08-16
Interest to be acquired:
Fee simple title for a portion of that tract identified on Richland County Tax Maps as TMS 11115-08-16 (also known as 625 Childs Street and described as portion of Lots 1, 2, and 5) lying within 25 feet right/left of the centerline of a newly aligned Sugar Hill Point and running from approximate survey station 12+00 to 13+73; total right of way obtained is 8183 sq. feet. The same being further reflected on a set of plans prepared for Richland County by Florence & Hutcheson, Consulting Engineers and shown on attached.
A copy of said plat, sketch, plan or drawing being attached hereto and made a part hereof.
ORDER
APPOINTING
GUARDIAN AD LITEM NISI
STATE OF
SOUTH CAROLINA COUNTY OF RICHLANDIN THE COURT OF
COMMON PLEAS
FOR THE FIFTH
JUDICIAL CIRCUIT
05-CP-40-4207
Richland County,Condemnor,vs.Belton C. Knox and the heirs at law of George B. Knox, collectively as Landowner,Hattie Bell, Jerome C. Knox, and all other persons or entities unknown claiming anyright, title, interest, estate in or lien upon the Real Estate described herein; andalso any Unknown Adults being as a class designated as JOHN DOE; and alsoany Unknown Infants or Persons Under Disability being as a class designated
as RICHARD ROE,Other Condemnees.
Upon review of the Petition of the Plaintiff/Condemnor herein for the appointment of ARTHUR E. WHITE, JR., as Guardian ad litem nisi for the unknown minor Defendants and persons under disability and adults, if any,
IT IS ORDERED that the said ARTHUR E. WHITE, JR., be and hereby is designated and appointed Guardian ad litem nisi for said minor Defendants and persons under disability, if any, collectively designated as RICHARD ROE, and unknown adults herein collectively designated as JOHN DOE, and he is authorized to appear and defend said action on behalf of said minors and persons under disability and adults unless the said minors and persons under disability and adults, if any, or any of them, or someone on their behalf, shall within thirty (30) days after the service of a copy of this Order upon them, as herein provided, procures the appointment of a Guardian ad litem for said minors or persons under disability or adults, if any, in this action.
IT IS FURTHER ORDERED THAT this Order shall be served upon said unknown minor Defendants and persons under disability, herein collectively designated as RICHARD ROE, and unknown adults, herein collectively designated as JOHN DOE, by publication of a copy of this Order in The Columbia Star, a newspaper published in the City of Columbia, County of Richland, State of South Carolina, once a week for three (3) successive weeks.
BARBARA A. SCOTT
Clerk of Court, Richland County
Columbia, South Carolina
8-22-2005.
AMENDED
SUMMONS
(SUIT FOR ADVERSE POSSESSION)
(NON-JURY)
STATE OF
SOUTH CAROLINA COUNTY OF RICHLAND IN THE COURT OF
COMMON PLEAS
05-CP-40-2335
SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION,
Plaintiff,
vs.
AMANDA FRICK (Deceased);
W. L. FRICK (Deceased);
JELLA FRICK (Deceased);
FREDERICK OAKFORD FRICK, (Deceased);
MARY ADA FRICK KELLY (Deceased);ELLA FRICK (Deceased);REBECCA FRICK (Deceased);LOUISE DUNKLEBURG; M. MABLE ROTH; E. C. HUGHES; L. B. HUGHES; MARSHALL WOODALL; CLARENCE WOODALL; LILLIAN MOWERY; ZELLA JACKSON;
NEDA HINES; ANITA BELL;
MIDDY SEXTON; ELI GOLF; ANDREW GOLF;
ICEY HEATH; and if living, or such heirs at law or devisees as may be living; all heirs at law, devisees or persons unknown having or claiming any right, title, estate or interest in or lien upon the real property described in the Amended Complaint herein, being collectively designated as John Doe and Richard Roe, including any heirs, devisees or any unknown defendants who may now be deceased and including all minors persons in the Armed Forces, Insane Persons and all other persons under any other disability who might have or claim any right, title or interest in or lien upon the Real Property described in the Amended Complaint herein,
Defendants.
TO: THE DEFENDANTS ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to answer the Amended Complaint herein, a copy of which is herewith served upon you, and to serve a copy of your answer to said Amended Complaint upon the subscriber, at his office at Post Office Box 2285, Columbia, South Carolina 29202, within thirty (30) days after the service hereof, exclusive of the day of such service, and if you fail to answer the Amended Complaint within the time aforesaid, judgment by default will be rendered against you for the relief demanded in the Amended Complaint.
DAVID M. WILKERSON
ATTORNEY FOR PLAINTIFFELLIS, LAWHORNE, & SIMS, P.A.
1501 Main Street, Fifth Floor
Post Office Box 2285
Columbia, SC 29202
(803) 254-4190
Columbia, South Carolina
July 20, 2005
NOTICE OF
FILING
NOTICE IS HEREBY GIVEN that the original Summons and Complaint in this action were filed in the Office of the Clerk of Court for Richland County on May 18, 2005 at 4:43 p.m.
DAVID M. WILKERSON
ATTORNEY FOR PLAINTIFF
ELLIS, LAWHORNE & SIMS, P.A.
1501 Main Street, Fifth Floor
Post Office Box 2285
Columbia, SC 29202
(803) 254-4190
Columbia, South Carolina
June 29, 2005.
LIS PENDENS
NOTICE is hereby given that, based on that certain Deed of the Plaintiff recorded on April 26, 1955 in the Office of the Register of Deeds for Richland County in Book 158 at Page 270, an action has been or will be commenced in this Court against the Defendants for the purpose of establishing a right or interest in the following property, to-wit:
All that certain piece, parcel or lot of land, containing 0.608 acres, more or less, situate, lying and being on the Northwest side of Seaboard Airline Railway, near Glendon Road, in the Town of Eau Claire, County of Richland, State of South Carolina, shown and delineated as containing 0.608 acres on a plat surveyed and drawn by Charles J. Meetze, Engineer Inspector, South Carolina Highway Depart-ment, March 30, 1955, and recorded in Plat Book Q at Page 10, in the Office of the Clerk of Court for Richland County; said lot being a quadrilateral in shape and having the following boundaries and measurements, to-wit: On the North by Mrs. Jessie K. Cannon, whereon it measures One Hundred Ninety-seven and six-tenths (197.6') feet; on the Southeast by the right of way of Seaboard Airline Railway, whereon it measures One Hundred Sixty (160') feet; on the South by property of State Highway Department, whereon it measures Two Hundred Thirteen and two-tenths (213.2') feet; and on the Northwest by property of South Carolina Highway Department, whereon it measures One Hundred Seventy and five-tenths (170.5') feet; be all measurements a little more or less.
Said lot being the extreme Southwest corner of the tract of land conveyed by Margaret Hiller to Amanda Frick, by Deed dated February 9, 1874, and recorded in Deed Book "J" at Page 252; said tract at that time contained 21 acres, and a plat is recorded along with this Deed. Amanda Frick thereafter died, and by her Will, left said property to her six children, namely: William Frick, Frederick Frick, Ella Frick, Mary Kelly, Jella Frick and Anna Frick. William L. Frick thereafter died intestate on July 13, 1924, and the record of his estate is found in Box 294 at Package 9515 in the Office of the Probate Judge for Richland County, leaving as his heirs at law his brothers and sisters, F. O. Frick, Ella S. Frick, Mary Kelly, Jella Frick and Anna Frick. Jella E. Frick thereafter died intestate on August 10, 1926, and the record of her estate is found in Box 318 at Package 10021 in the Office of the Probate Court for Richland County, leaving as her heirs at law Ella Frick, Anna M. Frick, Mary Kelly and Frederick O. Frick. Frederick O. Frick died in Knoxville, Tennessee in 1933 intestate, and there is no record of his estate in Richland County, leaving as his sole heirs at law, his widow, Rebecca G. Frick, and his sisters, Anna Frick, Ella Frick and Mary Kelly. Mary F. Kelly thereafter died intestate January 2, 1936, and the record of her estate is found in Box 450 at Package 12,172, in the Probate Court for Richland County, leaving as her heirs at law, her only child, Jessie K. Cannon. Ella Frick died intestate in the County of Richland, in 1953, and there is no record of her estate, leaving as her sold heirs at law, her sister, Anna Frick, and her niece, Jessie K. Cannon. Rebecca G. Frick, widow of Frederick O. Frick, deceased, died on January 24, 1955, in Knoxville, Tennessee, and to date there is no record of her estate.
The undersigned, Anna M. Frick and Jessie K. Cannon, are owners as tenants in common of a seven-eights (7.8) interest in and to said property, and this 7/8ths interest is the interest which is this day conveyed, and the remaining one-eighth (1/8) interest is owned by the heirs at law or devisees of the said Rebecca G. Frick, deceased.
Together with all and singular, the rights, members, hereditaments and appurtenances to the said premises belonging or in anywise incident or appertaining.
NOTICE OF MOTION AND MOTION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM NISI FOR THE DEFENDANTS JOHN DOE AND RICHARD ROE
The Plaintiff, by and through its undersigned attorney respectfully moves this Honorable Court as follows:
1. That it is the Plaintiff in the above styled action;
2. That an action has been commenced and is now pending in said Court for adverse possession.
3. That the Defendants Amanda Frick (Deceased), W. L. Frick (Deceased), Jella Frick (Deceased), Frederick Oakford Frick (Deceased), Mary Ada Frick Kelly (Deceased), Ella Frick (Deceased), Rebecca Frick (Deceased), Louise Dunkleburg, M. Mable Roth, E. C. Hughes, L. B. Hughes, Marshall Woodall, Clarence Woodall, Lillian Mowery, Zella Jackson, Neda Hines, Anita Bill, Middy Sexton, Eli Golf, Andrew Golf and Icey Heath, may claim some right or interest in the real property that is the subject of the quiet title action;
4. That Defendant John Doe, represents the heirs at law, devisees, or any person claiming any right title or interest in the assets of Amanda Frick, W. L. Frick, Jella Frick, Frederick Oakford Frick, Mary Ada Frick Kelly, Ella Frick and Rebecca Frick, the identity of whom is unknown, and the Defendant Richard Roe represents those John Doe Defendants who may be minors or operating under a legal disability.
5. That William H. Burriss is a suitable and proper person to be appointed guardian ad litem nisi for said Defendants John Doe and Richard Roe, and that he is in no way connected in business with the Plaintiff or its counsel and has no interest adverse to the interest of such unknown Defendants.
WHEREFORE, Plaintiff prays that William H. Burriss be appointed guardian ad litem nisi for said Defendants, John Doe and Richard Roe.
DAVID M. WILKERSON
ATTORNEY FOR
PLAINTIFF
CONSENT OF GUARDIAN AD LITEM NISI
PERSONALLY appeared before me William H. Burriss, who, being duly sworn, deposes and says that he has no interest adverse to the interest of said unknown minors, or unknown parties under legal disability, or in the Military Service of the United States of America, or any of the Defendants named herein, and is not connected in business with the adverse parties or with their counsel and hereby consents to act as such guardian ad litem nisi and attorney.
WILLIAM H. BURRISS
SWORN TO AND SUBSCRIBED BEFORE ME
this 27th day of June, 2005.
Kimberly A. Byrd (L.S.)
Notary Public for South Carolina
My Commission Expires: August 16, 2011
NOTICE OF MOTION AND MOTION FOR THE APPOINTMENT
OF AN
ATTORNEY FOR UNKNOWN
DEFENDANTS WHO MAY BE IN THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA
The Plaintiff, by and through its undersigned attorney respectfully moves this Honorable Court as follows:
1. That it has filed a Complaint in the referenced matter for an action for adverse possession.
2. That John Doe and Richard Roe are made parties to this action and represent all persons who are entitled to claim as heirs at law or distributees of Amanda Frick, W. L. Frick, Jella Frick, Frederick Oakford Frick, Mary Ada Frick Kelly, Ella Frick and Rebecca Frick or through it of which the Plaintiff has no knowledge or information. That among the said unknown persons so designated there may be individuals who are members of the Military Service of the United States of America, and that said Defendants should be represented by an Attorney appointed by this Court.
3. That William H. Burriss is a suitable and proper person to be appointed to serve as that attorney and that he is in no way connected in business with the Plaintiff or its counsel and has no interest adverse to the interest of the unknown Defendants.
WHEREFORE, the Plaintiff prays that William H. Burriss be appointed Attorney for those unknown Defendants who may be in the Military Services of the United States of America, to appear and defend this action.
DAVID M. WILKERSONATTORNEY FOR PLAINTIFF
ELLIS, LAWHORNE & SIMS, P.A.
1501 Main Street, Fifth Floor
Post Office Box 2285
Columbia, SC 29202
(803) 254-4190
Columbia, South Carolina
Dated: July 20, 2005.



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