05/06/2024
PUBLIC NOTICES
SUMMONS AND NOTICES
STATE OF SOUTH CAROLINA
COUNTY OF CHEROKEE
IN THE COURT OF COMMON PLEAS
C/A NO: 2024CP1100221
(Non-Jury)
FORECLOSURE
OF REAL ESTATE
MORTGAGE
THE BANK OF NEW YORK MELLON, AS INDENTURE TRUSTEE FOR THE ENCORE CREDIT RECEIVABLES TRUST 2005-2, ASSET-BACKED NOTES, SERIES 2005-2,
Plaintiff,
vs.
ANY HEIRS-AT-LAW, OR DEVISEES OF WILSON N. POWELL, DECEASED, THEIR HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, SUCCESSOR AND ASSIGNS, AND ALL OTHER PERSON ENTITLED TO CLAIM THROUGH THEM; ALL UNKNOWN PERSONS WITH ANY RIGHT, TITLE OR INTEREST IN THE REAL ESTATE DESCRIBED HEREIN; ALSO ANY PERSONS WHO MAY BE IN THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA, BEING A CLASS DESIGNATED AS JOHN DOE; AND ANY UNKNOWN MINORS OR PERSON UNDER A DISABILITY BEING A CLASS DESIGNATED AS RICHARD ROE; ANY HEIRS-AT-LAW, OR DEVISEES OF JOYCE L. POWELL, DECEASED, THEIR HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, SUCCESSOR AND ASSIGNS, AND ALL OTHER PERSON ENTITLED TO CLAIM THROUGH THEM; ALL UNKNOWN PERSONS WITH ANY RIGHT, TITLE OR INTEREST IN THE REAL ESTATE DESCRIBED HEREIN; ALSO ANY PERSONS WHO MAY BE IN THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA, BEING A CLASS DESIGNATED AS JOHN DOE; AND ANY UNKNOWN MINORS OR PERSON UNDER A DISABILITY BEING A CLASS DESIGNATED AS RICHARD ROE; PAMELA POWELL; TIMOTHY WAYNE POWELL; ERIC JEFFERY POWELL; WELLS FARGO BANK N.A.; CHEROKEE COUNTY, CLERK OF COURT,
Defendant(s).
TO THE DEFENDANT(S) ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this foreclosure action on property located at 517 E BUFORD STREET GAFFNEY, SC 29340 being designated in the County tax records as TMS# 100-05-00-002.000, of which a copy is herewith served upon you, and to serve a copy of your Answer on the subscribers at their offices, 651 Brookfield Parkway, Suite 103, Greenville, South Carolina 29607, within thirty (30) days after the service hereof, exclusive of the day of such service; except that the United States of America, if named, shall have sixty (60) days to answer after the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the relief demanded in the Complaint.
TO MINOR(S) OVER FOURTEEN YEARS OF AGE AND/OR 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 to represent said minor(s) within sixty (60) days after the service of this Summons upon you. If you fail to do so, application for such appointment will be made by Attorney for Plaintiff.
YOU WILL ALSO TAKE NOTICE that Plaintiff will move for an Order for Reference or the Court may issue a general Order of Reference of this action to a Master-in-Equity/Special Referee, pursuant to Rule 53 of the South Carolina Rules of Civil Procedure.
YOU WILL ALSO TAKE NOTICE that under the provisions of S.C. Code Ann. §29-3-100, effective June 16, 1993, any collateral assignment of rents contained in the referenced Mortgage is perfected and Attorney for Plaintiff hereby gives notice that all rents shall by payable directly to it by delivery to its undersigned attorneys from the date of default. In the alternative, Plaintiff will move before a judge or this Circuit on the 10th day after service hereof, or as soon thereafter as counsel may be heard, for an Order enforcing the assignment of rents, if any, and compelling payment of all rents covered by such assignment directly to the Plaintiff, which motion is to be based upon the original Note and Mortgage herein and the Complaint attached hereto.
NOTICE OF FILING
COMPLAINT
TO THE DEFENDANTS ABOVE NAMED:
YOU WILL PLEASE TAKE NOTICE that the Complaint, Cover Sheet for Civil Actions and Certificate of Exemption from ADR in the above-entitled action was filed in the Office of the Clerk of Court for County on March 25, 2024.
ORDER APPOINTING
GUARDIAN AD LITEM
It appearing to the satisfaction of the Court, upon reading the filed Petition for Appointment of Kelley Woody as Guardian ad Litem for unknown minors, and persons who may be under a disability, and it appearing that Kelley Woody has consented to said appointment.
FURTHER upon reading the filed Petition for Appointment of Kelley Woody, Esquire as Attorney for any unknown defendants who may be in the Military Service of the United States of America, and may be, as such, entitled to the benefits of the Servicemember’s Civil Relief Act, and any amendments thereto, and it appearing that Kelley Woody, Esquire has consented to act for and represents said Defendants, it is
ORDERED that Kelley Woody, Esquire, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, be and hereby is appointed Guardian ad Litem on behalf of all unknown minors and all unknown persons who may be under a disability, all of whom may have or claim to have some interest or claim to the real property commonly known as 517 E BUFORD STREET GAFFNEY, SC 29340; that she is empowered and directed to appear on behalf of and represent said Defendant, unless said Defendants, or someone on their behalf, shall within thirty (30) days after service of a copy hereof as directed, procure the appointment of Guardian or Guardians ad Litem for said Defendants.
AND IT IS FURTHER ORDERED that Kelley Woody, Esquire, P.O. Box 6432, Columbia, SC 29260 phone (803) 787-9678, be and hereby is appointed Attorney for any unknown Defendants who are, or may be, in the Military Service of the United States of America and as such are entitled to the benefits of the Servicemember’s Civil Relief Act aka Soldiers’ and Sailors’’ Civil Relief Act of 1940, and any amendments thereto, to represent and protect the interest of said Defendants.
AND IT IS FURTHER ORDERED
That a copy of this Order shall be forth with served upon said Defendants by publication in, Gaffney Ledger, a newspaper of general circulation published in the County of , State of South Carolina, once a week for three (3) consecutive weeks, together with the Summons and Notice of Filing of Complaint in the above entitled action.
Robertson, Anschutz, Schneid,
Crane & Partners, PLLC
651 Brookfield Parkway, Suite 103
Greenville, South Carolina 29607
Phone 470-321-7112
Fax 404-393-1425
Attorneys for Plaintiff
Published: April 22, 29 & May , 2024.
NOTICE TO CREDITORS
OF ESTATES
All persons having claims against the following estates MUST file their claims on Form #371 PC with the Probate Court of Cherokee County, the address of which is P. 0. Box 22, Gaffney, SC 29342 within eight (8) months after the date of the first publication of this Notice to Creditors or within one (1) year from date of death, whichever is earlier (SCPC 62-3-801, et seq.) or such persons shall be forever barred as to their claims. All claims are required to be presented in written statements on the prescribed form (FORM #371PC), indicating the name and the address of the claimant. the basis of the claim, the amount claimed, the date when the claim will become due, the nature of any uncertainty as to the claim, and a description of any security as to the claim.
Estate: Cathey Inez Greene
Death: 03/22/2024
Case# 2024ES1100144
PR: Roger Glenn Greene
163 Marehaven Court
Piedmont, SC 29673
Published: April 22, 29 & May 6, 2024
NOTICE TO CREDITORS
OF ESTATES
All persons having claims against the following estates MUST file their claims on Form #371 PC with the Probate Court of Cherokee County, the address of which is P. 0. Box 22, Gaffney, SC 29342 within eight (8) months after the date of the first publication of this Notice to Creditors or within one (1) year from date of death, whichever is earlier (SCPC 62-3-801, et seq.) or such persons shall be forever barred as to their claims. All claims are required to be presented in written statements on the prescribed form (FORM #371PC), indicating the name and the address of the claimant. the basis of the claim, the amount claimed, the date when the claim will become due, the nature of any uncertainty as to the claim, and a description of any security as to the claim.
Estate: Sara Dixon Ruppe
Death: 03/28/2024
Case# 2024ES1100145
PR: Sandy R. Watson
248 Champion Ferry Rd.
Gaffney, SC 29341
Published: April 22, 29 & May 6, 2024
NOTICE TO CREDITORS
OF ESTATES
All persons having claims against the following estates MUST file their claims on Form #371 PC with the Probate Court of Cherokee County, the address of which is P. 0. Box 22, Gaffney, SC 29342 within eight (8) months after the date of the first publication of this Notice to Creditors or within one (1) year from date of death, whichever is earlier (SCPC 62-3-801, et seq.) or such persons shall be forever barred as to their claims. All claims are required to be presented in written statements on the prescribed form (FORM #371PC), indicating the name and the address of the claimant. the basis of the claim, the amount claimed, the date when the claim will become due, the nature of any uncertainty as to the claim, and a description of any security as to the claim.
Estate: Charles Knuckles
Death: 12/1/2023
Case# 2023ES1100523
PR: Cordelia Knuckles
123 Lincoln Dr.
Gaffney, SC 29341
Published: April 22, 29 & May 6, 2024
NOTICE TO CREDITORS
OF ESTATES
All persons having claims against the following estates MUST file their claims on Form #371 PC with the Probate Court of Cherokee County, the address of which is P. 0. Box 22, Gaffney, SC 29342 within eight (8) months after the date of the first publication of this Notice to Creditors or within one (1) year from date of death, whichever is earlier (SCPC 62-3-801, et seq.) or such persons shall be forever barred as to their claims. All claims are required to be presented in written statements on the prescribed form (FORM #371PC), indicating the name and the address of the claimant. the basis of the claim, the amount claimed, the date when the claim will become due, the nature of any uncertainty as to the claim, and a description of any security as to the claim.
Estate: Steven Irwin Clyde
Death: 02/09/2024
Case# 2024ES1100119
PR: Teresa Byers Clyde
1624 Bonner Rd.
Gaffney, SC 29341
Published: April 22, 29 & May 6, 2024
HELP WANTED
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SERVICES
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AUTO FOR SALE
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YARD SALES
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