2019-CP-17-00195 Wells Fargo Bank vs. John A. McDaniels

STATE OF SOUTH CAROLINA
COUNTY OF DILLON
IN THE COURT OF COMMON PLEAS
C/A NO.: 2019-CP-17-00195
Wells Fargo Bank, NA, Plaintiff,
v.
John A. McDaniels a/k/a John Alan McDaniels; Any heirs-at-law or devisees of David Tracy Johnson, deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons or entities entitled to claim through them; all unknown persons or entities with any right, title, estate, interest in or lien upon the real estate described in the complaint herein; also any persons who may be in the military service of the United States of America, being a class designated as Richard Roe; and any unknown minors, incompetent or imprisoned person, or persons under a disability being a class designated as John Doe; Any heirs-at-law or devisees of Ethel B. Johnson Henry, deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons or entities entitled to claim through them; all unknown persons or entities with any right, title, estate, interest in or lien upon the real estate described in the complaint herein; also any persons who may be in the military service of the United States of America, being a class designated as Richard Roe; and any unknown minors, incompetent or imprisoned person, or persons under a disability being a class designated as John Doe,
Defendant(s).
SUMMONS AND NOTICES
(Non-Jury)
FORECLOSURE OF REAL ESTATE MORTGAGE
TO THE DEFENDANT(S) ABOVE NAMED:
YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, a copy of which is hereby served upon you, and to serve a copy of your Answer on the subscribers at their offices at 3800 Fernandina Road, Suite 110, Columbia, SC 29210, within thirty (30) days after the service hereof, exclusive of the day of such service; except that the United States of America, if named, shall have sixty (60) days to answer after the service hereof, exclusive of the day of such service; and if you fail to do so, judgment by default will be rendered against you for the relief demanded in the Complaint.
TO MINOR(S) OVER FOURTEEN YEARS OF AGE, AND/OR TO MINOR(S) UNDER FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDES, AND/OR TO PERSONS UNDER SOME LEGAL DISABILITY:
YOU ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a guardian ad
litem within thirty (30) days after the service of this Summons and Notice upon you. If you fail to do so, application for such appointment will be made by Attorney for Plaintiff.
YOU WILL ALSO TAKE NOTICE that Plaintiff will move for an Order of Reference or the Court may issue a general Order of Reference of this action to a Master-in-Equity/Special Referee, pursuant to Rule 53 of the South Carolina Rules of Civil Procedure.
YOU WILL ALSO TAKE NOTICE that under the provisions of S.C. Code Ann. ß 29-3-100, effective June 16, 1993, any collateral assignment of rents contained in the referenced Mortgage is perfected and Attorney for Plaintiff hereby gives notice that all rents shall be payable directly to it by delivery to its undersigned attorneys from the date of default. In the alternative, Plaintiff will move before a judge of this Circuit on the 10th day after service hereof, or as soon thereafter as counsel may be heard, for an Order enforcing the assignment of rents, if any, and compelling payment of all rents covered by such assignment directly to the Plaintiff, which motion is to be based upon the original Note and Mortgage herein and the Complaint attached hereto.
LIS PENDENS
NOTICE IS HEREBY GIVEN THAT an action has been or will be commenced in this Court upon complaint of the above-named Plaintiff against the above-named Defendant(s) for the foreclosure of a certain mortgage of real estate given by John A. McDaniels a/k/a John Alan McDaniels to Wells Fargo Bank, N. A. dated October 31, 2013 and recorded on November 1, 2013 in Book 753 at Page 216, in the Dillon County Registry (hereinafter, “Mortgage”).
The premises covered and affected by the said Mortgage and by the foreclosure thereof were, at the time of the making thereof and at the time of the filing of this notice, more particularly described in the said Mortgage and are more commonly described as:
TRACT #1: All that certain piece, parcel or tract of land, situate, lying and being in the County of Dillon, State of South Carolina containing One and fifty-four hundredths acres (1.54 acres) as is shown on a Subdivision Survey for David Tracy Johnson prepared on December 27, 1994, by William E. Hayes, PLS; said Plat is duly recorded in the Office of the Clerk of Court for Dillon County in Plat Book 25 at Page 354 and is made a part of this description by reference. Said tract herein conveyed measures and is bounded as follows, to wit: On the South, measuring Two Hundred Forty-seven and forty-three hundredths feet (247.43 feet) by land of Evelyn B. Ellis; on the Northeast, measuring Three Hundred Eleven and seventy-one hundredths feet (311.71 feet) by land of David Tracy Johnson; on the Northwest, measuring Two Hundred Thirty-two and forty-two hundredths feet (232.42 feet), by land of David Tracy Johnson; and on the Southwest, measuring Two Hundred Fifty and eighty-two hundredths feet (250.82 feet) by lands of Wayne Prescott, by land of Larry W. Pullie, and by land of James E. and Rosalee W. Hardy.
TRACT #2: All that certain piece, parcel or lot of land situate, lying and being in the County of Dillon, State of South Carolina, approximately two (2) miles Southeast of the Town of Latta, described as follows: BEGINNING at an iron stake in a ditch on the North side of the extension of Leitner Street in Latta, where the within lot joins land of Evelyn B. Ellis and running along said road North 20 45’ West one hundred (100) feet in the road ditch to a point; thence North 77 10” East 219 feet to an iron stake (an iron is on the bank of the road ditch on this line) thence South 20 45’ East one hundred (100) feet to the center of a ditch dividing property of Ellis (an iron on said ditch bank) thence along said ditch South 77 10’ West two hundred nineteen (219) feet to the beginning stake; containing one/half acre, more or less; and being bounded on the North and West by other land of Ethel B. Johnson and David Tracy Johnson; on the South by land of Ellis; and on the West by the within described road.
TRACT#3: All that certain piece, parcel or lot of land containing .14 of an acre, situate one and one-fourth miles Southeast of Latta, in Dillon County, the same being designated as Lot No. 2 on a Plat of lots owned by Ethel J. Henry, said Plat dated January 25, 1969, and recorded in the
office of the Clerk of Court for Dillon County in Plat Book 10 at Page 109; said Lot No. 2 herein conveyed having the following measurements and boundaries: COMMENCING at a stake on the extreme eastern boundary of other property of James Edward Hardy and Rosalee W.
Hardy where it adjoins property of Evelyn B. Ellis, and running thence along the Ellis property line South 78
degrees 18 minutes West 60.6 feet to a stake adjoining other property of James Edward Hardy and Rosalee W. Hardy herein; thence along said property line 99.4 feet to a stake adjoining Lot No. 1 on the above described plat; thence along the property line of Lot No. 1, 65.3 feet to a stake adjoining other property of Ethel B. Johnson Henry and David Tracy Johnson 100 feet to the beginning point. Said Lot No. 2 herein conveyed being bound North by Lot No. 1 on said plat; East by other property of James Edward Hardy and Rosalee W. Hardy hereby. designated as “Johnson Lane” on said Plat; South by property of Evelyn B. Ellis; and west by other property of Ethel B. Johnson Henry and David Tracy Johnson.
The entirety of said property being more fully and clearly described as Tract A and Tract B on that certain plat dated March 20, 2019 by Ronald D. Platner, PLS No 16819, and recorded in Book 48 at Page 232.
This is the same property conveyed to John Alan McDaniels by Deed of Delores H. Sherman dated October 31, 2013 and recorded November 1, 2013 in Deed Book 537 at Page 057 in the Office of the ROD for Dillon County, South Carolina.
TMS No. 119-00-00-026
Property Address: 1030 East Leitner Street Extension, Latta, SC 29565
NOTICE OF FILING COMPLAINT TO THE DEFENDANTS ABOVE NAMED:
YOU WILL PLEASE TAKE NOTICE that the original Complaint, Cover Sheet for Civil Actions and Certificate of Exemption from ADR in the above entitled action was filed in the Office of the Clerk of Court for Dillon County on April 24, 2019. A Notice of Foreclosure Intervention was also filed in the Clerk of Court’s Office.
ORDER APPOINTING GUARDIAN AD LITEM AND APPOINTMENT OF ATTORNEY
It appearing to the satisfaction of the Court, upon reading the filed Petition for Appointment of Kelley Woody, Esquire as Guardian ad Litem for unknown minors, and persons who may be under a disability, and it appearing that Kelley Woody, Esquire has consented to said appointment.
FURTHER upon reading the filed Petition for Appointment of Kelley Woody, Esquire as Attorney for any unknown Defendants who may be in the Military Service of the United States of America, and may be, as such, entitled to the benefits of the Servicemember’s Civil Relief Act, and any amendments thereto, and it appearing that Kelley Woody, Esquire has consented to act for and represent said Defendants, it is
ORDERED that Kelley Woody, 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 1030 East Leitner Street Extension, Latta, SC 29565; that he is empowered and directed to appear on behalf of and represent said Defendants, unless said Defendants, or someone on their behalf, shall within thirty (30) days after service of a copy hereof as directed, procure the appointment of Guardian or Guardians ad Litem for said Defendants.
AND IT IS FURTHER ORDERED that Kelley Woody, 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 Dillon Herald, a newspaper of general circulation published in the County of Dillon, State of South Carolina, once a week for three (3) consecutive weeks, together with the Summons and Notice of Filing of Complaint in the above entitled action.
Brock & Scott, PLLC
3800 Fernandina Road, Suite 110
Columbia, SC 29210
Phone 844-856-6646
Fax 803-454-3451
Attorneys for Plaintiff

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