SUMMONS AND NOTICE
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON
COUNTY OF DILLON
C/A NO. 2019-CP-17-00161
United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture,
Taureeq N. Bradley, as Personal
Representative of the Estate of J.C. McCray, deceased, and The Personal Representatives, if any, whose names are unknown, of the Estate of Roberta G. McCray, deceased, and any other Heirs-at-Law or Devisees of J.C. McCray, deceased, and Roberta G. McCray, deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them, and all unknown persons with any right, title, or interest in the property subject of this matter; 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 persons under a disability being a class designated as Richard Roe, Defendants.
TO THE DEFENDANTS: YOU ARE HEREBY SUMMONED and required to appear and defend by answering the Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your Answer on the subscribers at their offices, 135 Columbia Avenue, Post Office Box 1000, Chapin, South Carolina 29036, 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 the Plaintiff. YOU WILL ALSO TAKE NOTICE that under the provisions of South Carolina Code 29-3-100, effective June 16, 1993, any collateral assignment of rents contained in the attached mortgage is perfected and 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 and the Complaint which was filed in the Office of the Clerk of Court for Dillon County on April 8, 2019.
NOTICE TO THE DEFENDANT(S): YOU WILL PLEASE TAKE NOTICE that the Notice of Right to Foreclosure Intervention, Certificate of Exemption/Withdrawal from Arbitration and Mediation, Summons and Complaint, of which the foregoing is a copy of the Summons, were filed with the Clerk of Court for Dillon County, South Carolina on April 8, 2019.
NOTICE OF PENDENCY OF ACTION: NOTICE IS HEREBY GIVEN that an action will be commenced within twenty (20) days of the filing of this Notice upon Complaint of the above-named Plaintiff against the above-named Defendants for the foreclosure of a Mortgage dated August 26, 2003 given by J.C. McCray and Roberta G. McCray (“Mortgage”), said Mortgage having been recorded in the Office of the Clerk of Court or Register of Deeds for Dillon County on August 26, 2003 in Book 531 at Page 033. The said mortgaged premises affected by the foreclosure are situate in Dillon County, in the State of South Carolina, and described in said Mortgage as follows: All that certain piece, parcel or lot of land with improvements thereon, situate, lying and being in the County of Dillon, State of South Carolina, as more fully appears on a Boundary Survey prepared for J.C. McCray and Roberta G. McCray by William E. Hayes, PLS, dated July 14, 2003, and recorded in the Office of the Clerk of Court for Dillon County in Plat Book 36 at Page 18. The said lot is bounded on the northeast by S.C. Highway #9; on the southeast by Hargrove; on the southwest by Jeff Price and on the northwest by Cooper. For a more exact description the aforesaid plat is hereby incorporated herein and made a part hereof. This being the property conveyed to mortgagors by Deed of Raymond T. Stephens et al., and recorded in the Office of the Clerk of Court for Dillon County in Deed Book 377 at Page 27 on August 26, 2003.
TMS No.: 032-00-00-041
Address: 2359 Hwy 9 West, Dillon, South Carolina 29536
HARRELL, MARTIN & PEACE, P.A.
Donald W. Tyler #5664
Taylor A. Peace #100206
135 Columbia Avenue
Post Office Box 1000
Chapin, South Carolina 29036
ATTORNEY FOR PLAINTIFF
Chapin, South Carolina
July 26, 2019.
SUMMONS AND NOTICE