4/29/2024
PUBLIC NOTICES
SUMMONS AND NOTICE
OF FILING COMPLAINT
IN THE COURT OF
COMMON PLEAS
SEVENTH JUDICIAL CIRCUIT
STATE OF SOUTH CAROLINA
COUNTY OF CHEROKEE
C/A #: 2024-CP-11-00102
SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY,
Plaintiff,
JOE Ray McCraw and Betty Duncan Dillinger, AS HEIRS AT LAW OF RICHARD MCCRAW A/K/A RICHARD C. MCCRAW, DECEASED, AND ANY OTHER HEIRS-AT-LAW OR DISTRIBUTEES OR PERSONAL REPRESENTATIVES AND THEIR SPOUSES, IF ANY THEY HAVE, AND ALL OTHER PERSONS WITH ANY RIGHT, TITLE OR INTEREST IN AND TO THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN; ALSO ANY UNKNOWN ADULTS AND THOSE PERSONS WHO MAY BE IN THE MILITARY SERVICES OF THE UNITED STATES OF AMERICA, ALL OF THEM BEING A CLASS DESIGNATED AS JOHN DOE; AND ANY UNKNOWN MINORS OR PERSONS UNDER A DISABILITY BEING A CLASS DESIGNATED AS RICHARD ROE,
Defendants
TO THE DEFENDANTS ABOVE NAMED and TO THE DEFENDANT BETTY DUNCAN DILLINGER:
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 subscribers, at their office, 508 Meeting Street, West Columbia 29169 or Post Office Box 11682, Columbia, South Carolina 29211, 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, 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 Cherokee County on February 7, 2024.
NOTICE OF ORDER
APPOINTING GUARDIAN
AD LITEM NISI
AND ATTORNEY
TO THE DEFENDANTS ABOVE NAMED and TO THE DEFENDANT BETTY DUNCAN DILLINGER:
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 subscribers, at their office, 508 Meeting Street, West Columbia 29169 or Post Office Box 11682, Columbia, South Carolina 29211, 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, 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 Cherokee County on February 7, 2024.
LIS PENDENS
NOTICE IS HEREBY GIVEN that an action will be commenced in this Court upon the Complaint of the above-named Plaintiff against the above-named Defendants for the foreclosure of that certain Mortgage of Real Estate given by Richard McCraw a/k/a Richard C. McCraw, now deceased, to Wachovia Mortgage Corporation, its successors and assigns, dated January 9, 2008, and recorded on January 15, 2008, in the office of the Clerk of Court for Cherokee County, South Carolina in Book 15 at Page 507 (the “Mortgage”).
By Mortgage Assignment (the “Assignment”), Wachovia Mortgage Corporation assigned the Mortgage to the Plaintiff, and the Assignment was recorded January 15, 2008, in Book 15 at Page 524 in the office of the Clerk of Court for Cherokee County, South Carolina.
At the time of the filing of this notice, the premises affected by the said action were situated in the County of Cherokee, State of South Carolina, and are described as follows:
All that lot or parcel of land in the County of Cherokee, State of South Carolina, being known and designated as Lot No. 28, Block A, Briarcreek Subdivision, containing 0.32 acre, more or less, as shown on a plat entitled “Survey for Donald F. Harvey and Sharon P. Harvey,” dated February 25, 1995, made by Lavender, Smith and Associates, Inc., Land Surveyors and Mappers, and recorded in Plat Book 14-K at Page 269, Office of the Clerk of Court for Cherokee County, South Carolina.
This being the same property conveyed to Richard C. McCraw by deed of Homesales, Inc. dated December 14, 2007 and recorded January 15, 2008 in the Office of the Clerk of Court for Cherokee County, South Carolina in Volume 15 at Page 505.
TMS#: 120-00-00-063.000
For a complete description of the property encumbered by the Mortgage, the undersigned craves reference to the Mortgage, the terms of which are incorporated herein by reference.
s/Ryan J. Patane
S.C. Bar No. 103116
Benjamin E. Grimsley
S.C. Bar No. 70335
D’Alberto, Graham & Grimsley, LLC
Attorneys for the Plaintiff
P.O. Box 11682
Columbia, S.C. 29211
(803) 233-1177
[email protected]
[email protected]
Published: April 15, 22 & 29, 2024
AMENDED SUMMONS
IN THE COURT OF
COMMON PLEAS
CASE NO: 2024-CP-42- 00576
STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG
Tiffany Sullivan,
Plaintiff,
v.
Amanda Burleson,
Defendant,
YOU ARE and required to answer the Complaint in this action, a copy of which is attached herewith served upon you, and to serve a copy of your answer to said Complaint on the subscribers at their office at Post Office Box 2765, 229 Magnolia Street, Spartanburg, South Carolina, 29304, within thirty (30) days after 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 this Complaint.
AMENDED COMPLAINT
(JURY TRIAL)
The Plaintiff complaining of the Defendant would respectfully show unto the Court as follows:
1. That the Plaintiff is a citizen and resident of Spartanburg County, South Carolina.
2. That upon information and belief, the Defendant, Amanda Burleson is a citizen and resident of Mitchell County, North Carolina.
3. That venue and jurisdiction for this matter area proper in Spartanburg County.
4. That on or about August 30, 2023, Plaintiff was travelling west on Shoally Creek Rd.,
in Spartanburg, South Carolina. The Defendant was traveling south on SC 9 attempting to cross the intersection of Shoally Creek Road. Defendant disregarded the traffic control device when suddenly and without warning she forcefully struck Plaintiff’s vehicle. Upon impact the Plaintiff’s vehicle was spun around causing her to suffer serious injuries which will be fully described herein.
5. That the injuries and damages sustained by Plaintiff were due to and caused by and were the direct and proximate result of the negligent and/or reckless, willful, and wanton acts of the Defendant in one or more of the following particulars, to wit:
(a) In running the red light;
(b) In choosing not to keep a proper lookout for traffic in general and in particular, the Plaintiff;
(c) In choosing not to timely apply brakes so as to avoid crashing with the vehicle being driven by Plaintiff;
(d) In evidencing an utter disregard for the safety of the public in general and in particular, the Plaintiff;
(e) In failing to use that degree of care that an ordinary and prudent person would have used under the same or similar circumstances.
6. That as a direct and proximate result of the negligent and/or reckless, willful, and wanton acts of the Defendant, Plaintiff has suffered serious painful and personal injuries and property damage/loss of use. That as a result of her injuries, the Plaintiff has been forced to undergo medical treatment and has incurred medical expenses. That as a result of the Plaintiff’s injuries, she has been unable to engage in her normal pursuits of happiness, has suffered emotional distress, and mental anguish, all to her great damage.
WHEREFORE, the Plaintiff prays judgment against the Defendant as follows:
A. For actual damages found to be just and equitable within the discretion of the fact finder;
B. For punitive damages if proven by clear and convincing evidence;
C. For the costs and disbursements of this action;
D. For prejudgment interest at the rate authorized by the South Carolina Supreme Court and S.C. Code Ann. Section 34-31-20 (B); and
E. For such other and further relief as this Court may deem just and proper.
Respectfully submitted,
HODGE & LANGLEY
LAW FIRM, P.C.
s/T. Ryan Langley
T. Ryan Langley
SC Bar No.: 76558
Matthew Foss
SC Bar No.: 104390
Post Office Box 2765
Spartanburg, SC 29304
Ph.’(864) 585-3873
Fax: (864) 585-6485
Published: April 15, 22 & 29, 2024.
STATE OF SOUTH CAROLINA
COUNTY OF CHEROKEE
IN THE COURT OF COMMON PLEAS
C/A NO: 2024CP1100221
SUMMONS AND NOTICES
(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 517E 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 517E 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 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: 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
Helper wanted Physically capable, morally acute, intellectually present, lift and carry feed, lots of cleaning, garden work, farm animal care, female preferred: 864-491-5247
FOR RENT
1BR, 2BR 3BR apts. in Gaffney. $750 to $1200 mo. Near college, No pets, Deposit required. 864-809-5900
MOBILE HOMES FOR RENT
COWPENS: 3BR 2BA, $700 deposit, $170/wk., no Pets, background check required. 864-612-8295
SERVICES
PALMETTO HEATING AIR: EPA certified. Service Call Only $50. Quality Work. Good Prices. Located in Gaffney. Dillon Duvall, 864-429-6455
ray’s septic TANK PUMPING. Starts at $275. 864-489-5677
repair 1 Home Improvement and repairs.
“One Call Does It All”
864-489-9856
ALL your remodeling needs: Kitchens, Bathrooms, Floors, Windows, Porches & Decks. Also painting. Free Estimates. 864-871-4088
Gray BeardMOWING – Sit and relax while we cut your grass. Veteran owned and operated. Free estimates 864- 425 7622
Zack’s stump grinding. Also window cleaning and landscaping, mowing,, small tree removal or trim. Free estimates. 864-490-4021
HARRY’S REMODELING AND HOME REPAIRS: Plumbing, rotten floors, electrical, flooring, ceilings, drywall repairs, doors, windows, bathroom remodeling and more, free estimates, 864-680-8267
Tim’s Tree Service: Clear trees, trim limbs, stump grinding. Senior discounts, free estimates. Insured. 864-492-7118
AA Lawn Service: Professional Look – Without The High Cost. Mowing, weedeating, mulching, flower beds and more. Free estimates. 864-491-2987. Philippians: 4:13
MISC. FOR SALE
Washers, dryers stoves, refrigerators, freezers, and used furniture. $1400 or sell separate. 864-279-4207
Collection of National Geographic Magazines: 1900-1990 minus 2 years. 1st quality, very good condition. No reasonable offer refused. 489-1027.
AUTO FOR SALE
Money for Junk Cars of the Carolinas: Cash for junk cars. No titles needed. $200 to $1000 on complete cars. Call or text 803-209-4379
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