• Sea Island Habitat for Humanity, Inc. vs. The PR, if any, of the Estate of Antwan Schaffer, deceased

STATE OF SOUTH CAROLINA - 
COUNTY OF CHARLESTON - IN THE COURT OF COMMON PLEAS - COURT FILE NO. 17-CP-10-5317 - - LENDMARK FINANCIAL SERVICES, INC.,
 Plaintiff,
vs.
THE PERSONAL REPRESENTATIVE, IF ANY, WHOSE NAME IS UNKNOWN OF THE ESTATE OF ANTWAN SCHAFFER, DECEASED; DELICIA SCHAFFER, and all other unknown children, issue, and spouses, as heirs of Antwan Schaffer, deceased, and any other unknown heirs, heirs-at-law, distributees, devisees, creditors, if any, of Antwan Schaffer, deceased, and, if any of the same be deceased, then their heirs, personal representatives, administrators, successors and assigns, and all others entitled to claim or claiming through them, also all other persons unknown, claiming any right, title, estate, interest, in or lien upon the real estate described in the Complaint herein, commonly described as 4009 Prosperity Road, Johns Island, SC 29455; also any unknown 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, imprisoned persons, incompetent persons, and/or persons under a legal disability, being a class designated as Richard Roe; DURACLEAN PROFESSIONAL SERVICES, LLC, - Defendants. - - SUMMONS AND NOTICES - (FORECLOSURE/NON-JURY) - - 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 subscribers at their offices, Moore & Van Allen PLLC, 78 Wentworth Street, Post Office Box 22828, Charleston, SC 29413-2828, or to otherwise appear and defend, within thirty (30) days after the service hereof, exclusive of the day of such service, and if you fail to answer the Complaint, or otherwise to appear and defend, within the time aforesaid, the Plaintiff in this action will obtain a judgment by default against you for the relief demanded in the Complaint. - YOU WILL ALSO TAKE NOTICE that pursuant to Rule 53(b) of the South Carolina Rules of Civil Procedure, as amended, 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 said Master in Equity is authorized and empowered to enter final judgment in this action. - /s/David B. Wheeler, SC Bar # 6055 - - Moore & Van Allen PLLC - 78 Wentworth Street - Post Office Box 22828 - Charleston, SC 29413-2828 - T (843) 579-7000 - F (843) 579-8727 - Email: davidwheeler@mvalaw.com - ATTORNEYS FOR PLAINTIFF - CHARLESTON, SC - October 12, 2017 - - NOTICE OF FILING COMPLAINT - - TO THE DEFENDANTS ABOVE-NAMED: - YOU WILL PLEASE TAKE NOTICE that the original Complaint in the above-entitled action, together with the Notice of Foreclosure Intervention, Civil Action Coversheet, Certification of Exemption from ADR, Lis Pendens and Summons and Notices, were filed in the Office of the Clerk of Court for Charleston County, South Carolina, on October 16, 2017, at 2:33 p.m., the object and prayer of which is to obtain foreclosure without deficiency, of a mortgage of subject property in a non-jury action, and for such other and further relief as set forth in the Complaint. - - /s/David B. Wheeler, SC Bar # 6055 - Moore & Van Allen PLLC - 78 Wentworth Street - Post Office Box 22828 - Charleston, SC 29413-2828 - T (843) 579-7000 - F (843) 579-8727 - Email: davidwheeler@mvalaw.com - ATTORNEYS FOR PLAINTIFF - CHARLESTON, SC - October 31, 2017 - - LIS PENDENS/NOTICE OF PENDENCY OF ACTION - (FORECLOSURE/NON-JURY) - - NOTICE IS HEREBY GIVEN THAT an action has been initiated and is pending in the Court of Common Pleas for the County and State aforesaid, by the above-named Plaintiff, against the Defendants above named, and that the object of such action is the foreclosure of those certain Mortgages to the Plaintiff, described as follows (the “Mortgages”): - Mortgage #1 - By: ANTWAN SCHAFFER AND DELICIA SCHAFFER - Dated: July 17, 2001 - Recorded On: August 28, 2001 at 08:42 a.m. - Recorded In: Book W-380, Page 864 - Office of: RMC for Charleston County, SC - - Mortgage #2 - By: ANTWAN SCHAFFER AND DELICIA SCHAFFER - Dated: July 17, 2001 - Recorded On: August 28, 2001 at 08:43 a.m. - Recorded In: Book W-380, Page 870 - Office of: RMC for Charleston County, SC - and to sell the property described below for the purpose of paying the lien thereon. - That the real estate affected by such action is now and was at the time of commencement of such action situate in the County and State aforesaid, and the following is a description thereof, as contained in the above-referenced Mortgages: - ALL that certain piece, parcel or lot of land, together with the buildings and improvements thereon, situate, lying and being on Johns Island, in the County of Charleston, State of South Carolina , and known and designated as Lot No. 21 on a Plat entitled, A Survey and Plat of 11.36 acres on Murray Wood Road, which Plat is dated January 18, 1988, and was recorded in the R. M. C. Office for Charleston County, South Carolina, in Plat Book BR, at Page 157; said lot having such size, shape, dimensions, buttings and boundings as are shown and delineated on said Plat. - THIS CONVEYANCE is subject to any and all Restrictions, Covenants, Easements and Conditions of record affecting said property. - THIS CONVEYANCE is further subject to the following: - During such time as the property described herein is used for a purpose for which assistance under the Housing Opportunity Program Extension Act of 1996, P.L. 104-120, was provided or for another purpose involving the provision of similar services or benefits, then no person having an interest in this property shall refuse services or accommodation or other benefits to any person with respect to the property on account of the person’s race, color or national origin or otherwise engage in discrimination conduct of any kind on account of a person’s race, color or national origin with respect to the property. This covenant shall run with the land. - This being the same property conveyed to the Mortgagors herein by Deed of Sea Island Habitat for Humanity, Inc., dated July 17, 2001, and being recorded in the RMC Office for Charleston County in Book V-380, page 338 on August 28, 2001. - - TMS #: 312-00-00-225 - ADDRESS: 4009 Prosperity Road, Johns Island, SC 29455 - - The reformed property description is as follows: - ALL that certain piece, parcel or lot of land, together with the buildings and improvements thereon, situate, lying and being on Johns Island, in the County of Charleston, State of South Carolina , and known and designated as Lot No. 21 on a Plat entitled, “A Survey and Plat of 11.36 acres on Murray Wood Road”, which Plat is dated February 10, 2000, and was recorded in the R. M. C. Office for Charleston County, South Carolina, in Plat Book ED, at Page 867; said lot having such size, shape, dimensions, buttings and boundings as are shown and delineated on said Plat. (emphasis added) - THIS CONVEYANCE is subject to any and all Restrictions, Covenants, Easements and Conditions of record affecting said property. - THIS CONVEYANCE is further subject to the following: - During such time as the property described herein is used for a purpose for which assistance under the Housing Opportunity Program Extension Act of 1996, P.L. 104-120, was provided or for another purpose involving the provision of similar services or benefits, then no person having an interest in this property shall refuse services or accommodation or other benefits to any person with respect to the property on account of the person’s race, color or national origin or otherwise engage in discrimination conduct of any kind on account of a person’s race, color or national origin with respect to the property. This covenant shall run with the land. - This being the same property conveyed to the Mortgagors herein by Deed of Sea Island Habitat for Humanity, Inc., dated July 17, 2001, and being recorded in the RMC Office for Charleston County in Book V-380, page 338 on August 28, 2001. - - TMS #: 312-00-00-225 - ADDRESS: - 4009 Prosperity Road - Johns Island, SC 29455 - (The foregoing hereinafter being referred to as the, “Correct Description”) - - /s/David B. Wheeler, SC Bar # 6055 - Moore & Van Allen PLLC - 78 Wentworth Street - Post Office Box 22828 - Charleston, SC 29413-2828 - T (843) 579-7000 - F (843) 579-8727 - Email: davidwheeler@mvalaw.com - ATTORNEYS FOR PLAINTIFF - CHARLESTON, SC - October 12, 2017 - - PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM NISI - - TO: THE CLERK OF COURT FOR CHARLESTON COUNTY, SOUTH CAROLINA: - The Petition of Petitioner/Plaintiff will respectfully show unto this Honorable Court: - 1. That the above-entitled action was commenced in this Court for the purpose of obtaining a foreclosure of the interests of those persons who are the heirs, distributees, devisees and creditors, if any, of the Estate of Antwan Schaffer, deceased, as such interests may apply to the title to the parcel of real estate described in the Complaint herein under the name of those parties joined herein. - 2. That there have been joined as Defendants herein under the fictitious name of John Doe and Richard Roe, all other persons unknown, claiming any right, title, estate, interest in or lien upon the real estate described in the Compliant herein and any unknown adults or unknown adults in the military service of the United States of America, such defendants being as a class designated as John Doe (“John Doe”), and any unknown minors or persons under a legal disability, such defendants being as a class designated as Richard Roe (“Richard Roe”) (the defendants designated as John Doe and Richard Roe sometimes hereinafter collectively referred to as the “Defendants”). - 3. That the names and whereabouts of such Defendants are unknown to the Petitioner/Plaintiff and cannot, with reasonable diligence, be ascertained by the Petitioner/Plaintiff or by its undersigned attorney and cannot, with due diligence, be found with the State of South Carolina and it is appropriate that a Guardian Ad Litem Nisi be appointed for said Defendants. - 4. That the Petitioner/Plaintiff is informed and believes that no application has been made by or in behalf of the said Defendants for the appointment of a Guardian Ad Litem Nisi or any other matter and that the Petitioner/Plaintiff does not know of any general or testamentary guardians of such Defendants, to whom notice of this application can be given other than by the publication thereof. - 5. That Kelley Y. Woody, Esquire, whose address is PO Box 6432, Columbia, SC 29260, is a discreet, competent and suitable person to be appointed and to act as Guardian Ad Litem Nisi for said Defendants, and that Kelley Y. Woody, Esquire, does not have any claim adverse to such Defendants and is not connected in any manner with the Petitioner/Plaintiff or its attorney in this action and he has consented to act as such. - 6. That the relief prayed for herein regarding the appointment of Guardian Ad Litem is authorized by South Carolina Rules of Civil Procedure, Rule 17. - WHEREFORE, Petitioner/Plaintiff, Lendmark Financial Services, Inc., prays for an Order of this Court appointing Kelley Y. Woody, Esquire, as Guardian Ad Litem Nisi of the Defendants, which Order shall automatically become final and absolute, unless someone on said Defendants’ behalf, shall within thirty (30) days after the service upon them of a copy of the Notice of the Order herein prayed for, move before the Court to secure some other suitable person of their choice to act as Guardian Ad Litem Nisi, for such of the Defendants; and that the Order herein prayed for prescribe the manner in which the service thereof shall be made upon said Defendants. - - /s/David B. Wheeler, SC Bar # 6055 - Moore & Van Allen PLLC - 78 Wentworth Street - Post Office Box 22828 - Charleston, SC 29413-2828 - T (843) 579-7000 - F (843) 579-8727 - Email: davidwheeler@mvalaw.com - ATTORNEYS FOR PLAINTIFF - CHARLESTON, SC - October 12, 2017 - - CONSENT TO APPOINTMENT OF GUARDIAN AD LITEM NISI - - I, the undersigned, Kelley Y. Woody, Esquire, consent, if appointed, to act as Guardian Ad Litem Nisi for all unknown heirs, distributees, devisees, and/or creditors of Antwan Schaffer, deceased, and if any of the same be deceased, then his heirs, Personal Representatives, administrators, successors and assigns, and all other persons entitled to claim or claiming through them, also all other persons unknown, claiming any right, title, estate, or interest in or lien upon the real estate described in the Complaint herein, also any unknown persons, who may be in the military service of the United States of America, all of whom are made parties to the within action and constitute a class designated as John Doe, as well as any unknown minors, imprisoned persons, incompetent persons, or persons under a legal disability, if any, being unknown to Plaintiff, all of whom are made parties to the within action and constitute a class designated as Richard Roe. - I consent to so serve and act until and unless the Court shall subsequently appoint other(s) to serve as Guardian Ad Litem Nisi for said Defendants. - I have no interest in the real estate being foreclosed and have no interest adverse to that of the Defendants. - - /s/Kelley Y. Woody - P.O. Box 6432 - Columbia, SC 29260 - GUARDIAN AD LITEM NISI - COLUMBIA, SC - October 5, 2017 - - ORDER APPOINTING GUARDIAN AD LITEM NISI - - It appearing to the satisfaction of the Court upon reading and filing of Plaintiff’s Petition to Appoint Guardian Ad Litem Nisi, and that Kelley Y. Woody, Esquire, has consented to act as Guardian Ad Litem Nisi, and to represent the Defendants, known and unknown, who are heirs, distributees, and/or creditors, if any, of the Estate of Antwan Schaffer, deceased, and, all other persons unknown, claiming any right, title, estate, interest, or lien upon the real estate described in the Complaint herein, which is situate and located in Charleston County, South Carolina, including any unknown persons who may be in the military service of the United States of America, all such Defendants being designated as John Doe (collectively “John Doe”), and any unknown minors, imprisoned persons, incompetent persons, or persons under a legal disability, all such Defendants being designated as Richard Roe (collectively “Richard Roe”) (the defendants designated as John Doe and Richard Roe being sometimes hereinafter collectively referred to as the “Defendants), and that the said Kelley Y. Woody, Esquire, is a suitable and competent person to understand and protect the rights and interests of such Defendants and has no interest herein adverse to the interests of said Defendants, and is not connected in business with the Plaintiff in this action or with its counsel. - IT IS, THEREFORE, ORDERED, that the said Kelley Y. Woody, Esquire, be and she is hereby designated and appointed Guardian Ad Litem Nisi for said Defendants and she is hereby authorized to appear in and defend such action on behalf of said Defendants and to protect their interests, unless said Defendants, or any of them, shall within thirty (30) days of the service of a copy of this Order upon them, exclusive of the day of service as herein provided, apply to this Court for the appointment of another competent and discreet individual of their choice to serve as Guardian Ad Litem Nisi for them, for the purposes of this action; in the failure of such application, within the specified time, this Order shall automatically become final and absolute. - IT IS FURTHER ORDERED that a copy of this Order shall forthwith be served upon said Defendants, by publication of this Order, in the City Paper, a newspaper of general circulation published in the County of Charleston, State of South Carolina, once a week for three (3) consecutive weeks, together with the Summons and Notices, the Notice of Filing Complaint; the Lis Pendens/Notice of Pendency of Action, the Petition, Consent and Order Appointing Attorney for Defendants in Military Service, this Court finding the aforementioned newspaper is the one most likely to give notice to those interested parties to be served. - AND IT IS SO ORDERED. - - /s/Clerk of Court - CHARLESTON, SC - October 16, 2017 - - PETITION APPOINTING ATTORNEY FOR DEFENDANTS IN MILITARY SERVICE - The Plaintiff would respectfully show unto this Honorable Court: - 1. This is an action for the foreclosure of a real estate mortgage upon real property situate and located in Charleston County, South Carolina. - 2. Plaintiff is without sufficient knowledge or information to determine whether any defendants, unknown, are in the military service of the United States of America, thereby being entitled to the benefits of the Service Members’ Civil Relief Act. - 3. Kelley Y. Woody is a member of the South Carolina Bar, is fully competent to protect the interests and rights of any defendant, known or unknown, who may be in the military service and that she has no interest in the real estate being foreclosed nor any interest adverse to that of the defendants. - WHEREFORE, Plaintiff moves that Kelley Y. Woody, Esquire, be appointed as attorney for any defendant, unknown, who may be in the military service and, therefore, entitled to the benefits of the Service Members’ Civil Relief Act. - - /s/David B. Wheeler, SC Bar # 6055 - Moore & Van Allen PLLC - 78 Wentworth Street - Post Office Box 22828 - Charleston, SC 29413-2828 - T (843) 579-7000 - F (843) 579-8727 - Email: davidwheeler@mvalaw.com - ATTORNEYS FOR PLAINTIFF - CHARLESTON, SC - October 12, 2017 - - CONSENT TO APPOINTMENT - (MILITARY SERVICE) - - I consent to act as attorney for any defendant, unknown, who may be in the military service of the United States of America, and thereby entitled to the benefits of the Service Members’ Civil Relief Act. I have no interest in the real estate being foreclosed and have no interest adverse to that of the defendants. - - /s/Kelley Y. Woody - P.O. Box 6432 - Columbia, SC 29260 - GUARDIAN AD LITEM NISI - AND ATTORNEY FOR DEFENDANTS - IN THE MILITARY - COLUMBIA, SC - October 5, 2017 - - ORDER (DEFENDANTS IN MILITARY SERVICE) - It appearing to the Court from the foregoing Petition and Consent that Kelley Y. Woody, Esquire, has consented to act and represent defendants, unknown, who may be in the military service of the United States of America, and it appearing that Kelley Y. Woody, Esquire, is fully competent to represent the interest of said defendants. - IT IS HEREBY ORDERED that Kelley Y. Woody, and she hereby is, appointed to represent the defendants who may be in the military service of the United States of America and who may thereby be entitled to the benefits of the Service Members’ Civil Relief Act, and to protect their interests. - - /s/Clerk of Court - CHARLESTON, SC - October 16, 2017 - - NOTICE OF FORECLOSURE INTERVENTION - - PLEASE TAKE NOTICE THAT pursuant to the South Carolina Supreme Court Administrative Order 2011-05-02-01, you may have a right to Foreclosure Intervention. - To be considered for any available Foreclosure Intervention, you must communicate with and otherwise deal with the Plaintiff through its law firm, Moore & Van Allen PLLC. - Moore & Van Allen PLLC represents the Plaintiff in this action. Our law firm does not represent you. Under our ethical rules, we are prohibited from giving you any legal advice. - You must submit any requests for Foreclosure Intervention consideration to Moore & Van Allen PLLC within 30 days from the date you are served with this Notice. IF YOU FAIL, REFUSE, OR VOLUNTARILY ELECT NOT TO PARTICIPATE IN FORECLOSURE INTERVENTION, THIS FORECLOSURE ACTION MAY PROCEED. - - /s/David B. Wheeler, SC Bar # 6055 - Moore & Van Allen PLLC - 78 Wentworth Street - Post Office Box 22828 - Charleston, SC 29413-2828 - T (843) 579-7000 - F (843) 579-8727 - Email: davidwheeler@mvalaw.com - ATTORNEYS FOR PLAINTIFF - CHARLESTON, SC - October 12, 2017
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PostedNovember 08, 2017