• SUMMONS, NOITICES & LIS PENDENS

STATE OF SOUTH CAROLINA - COUNTY OF CHARLESTON - IN THE COURT OF COMMON PLEAS - CASE NO. 2017-CP-10-03845 - - The Bank of New York Mellon, as Trustee for CIT Home Equity Loan Trust 2003-1, - PLAINTIFF, - VS. - Philip M. Ladson; The Estate of Mary Levata Ladson, Deceased, and Any other Heirs-at-Law or Devisees of the Estate of Mary Levata Ladson, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons 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 persons under a disability being a class designated as Richard Roe; and Maryville/Ashleyville Neighborhood Association, - DEFENDANT(S). - - SUMMONS AND NOTICES - (171121.00079) - - TO THE DEFENDANT(S) ABOVE-NAMED: - 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, 2712 Middleburg Drive, Suite 200, Columbia, Post Office Box 2065, Columbia, South Carolina, 29202-2065, 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. - YOU WILL ALSO TAKE NOTICE that should you fail to Answer the foregoing Summons, the Plaintiff will move for a general Order of Reference of this cause to the Master-In-Equity or Special Referee for Charleston County, which Order shall, pursuant to Rule 53 (e) of the South Carolina Rules of Civil Procedures, specifically provide that the said Master-In-Equity or Special Master is authorized and empowered to enter a final judgment in this cause. - - 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 within thirty (30) days after the service of this Summons and Notice upon you. If you fail to do so, Plaintiff will apply to have the appointment of the Guardian ad Litem Nisi, Kelley Yarborough Woody, made absolute. - - NOTICE - - TO THE DEFENDANTS: - YOU WILL PLEASE TAKE NOTICE that the Summons and Complaint, of which the foregoing is a copy of the Summons, were filed with the Clerk of Court for Charleston County, South Carolina on July 28, 2017. - PLEASE TAKE NOTICE that the order appointing Kelley Yarborough Woody, whose address is PO Box 6432, Columbia, SC 29260, as Guardian Ad Litem Nisi for all persons whomsoever herein collectively designated as Richard Roe, defendants herein whose names and addresses are unknown, including any thereof who may be minors, incapacitated, or under other legal disability, whether residents or non-residents of South Carolina; for all named Defendants, addresses unknown, who may be infants, incapacitated, or under a legal disability; for any unknown heirs-at-law of Mary Levata Ladson, including their heirs, personal representatives, successors and assigns, and all other persons entitled to claim through them; and for all other unknown persons with any right, title, or interest in and to the real estate that is the subject of this foreclosure action, was filed in the Office of the Clerk of Court for Charleston County on the 1st day of September, 2017. - YOU WILL FURTHER TAKE NOTICE that unless the said Defendants, or someone in their behalf or in behalf of any of them, shall within thirty (30) days after service of notice of this order upon them by publication, exclusive of the day of such service, procure to be appointed for them, or any of them, a Guardian Ad Litem to represent them or any of them for the purposes of this action, the Plaintiff will apply for an order making the appointment of said Guardian Ad Litem Nisi absolute. - - LIS PENDENS - - NOTICE IS HEREBY GIVEN that an action has been commenced by the Plaintiff above named against the Defendants above named for the foreclosure of a certain mortgage given by Philip M. Ladson and Mary Levata Ladson to The CIT Group/Consumer Finance, Inc., dated November 8, 2002, recorded November 13, 2002, in the office of the Clerk of Court/Register of Deeds for Charleston County, in Book P425, at Page 715; thereafter, said Mortgage was assigned to The Bank of New York Mellon, As Trustee for CIT Home Equity Loan Trust 2003-1 by assignment instrument dated October 26, 2013 and recorded January 31, 2014 in Book 386 at Page 382. The Note and Mortgage were subsequently modified by Loan Modification Agreements dated January 5, 2014 and August 1, 2016. - The description of the premises is as follows: - All that certain piece, parcel, lot or tract of land with the buildings and improvements thereon, situate, lying and being in the County of CHARLESTON, State of South Carolina, and being known and designated as LOT 221, ASHLEYVILLE SUBDIVISION, as shown on a plat MAP TRACED BY RENE RAVENEL IN MAY 1944, duly recorded in the CHARLESTON County RMC Office in Plat Book F page 188. Said parcel having such size, shape, metes, bounds, location and dimensions as shown on the aforesaid plat to which reference is made. - - SUBJECT to any and all restrictions, covenants and easements of record. - - This being the same property conveyed to Philip M. Ladson by Deed of Genevieve N. Ladson dated January 31, 1992 and recorded April 6, 1992 in Deed Book L212 at Page 140 in the ROD Office for Charleston County. Thereafter, Philip M. Ladson conveyed a one-half interest in the subject property to Mary Levata Ladson by Deed dated April 14, 2000 and recorded April 25, 2000 in Deed Book G346 at Page 774 in the ROD Office for Charleston County. - ___________ - Thereafter, Edmond J. Curry conveyed the subject property to Philip M. Ladson and Mary Levata Ladson by Deed dated February 16, 2007 and recorded February 20, 2007 in Deed Book T615 at Page 495 in the ROD Office for Charleston County. - - Upon information and belief, Mary Levata Ladson, died on January 28, 2003, and no probate case has been opened in the Probate Court records for Charleston County. If any party has any information as to the existence and/or opening of a probate court file for the Estate of Mary Levata Ladson, it is required that you contact counsel for Plaintiff immediately with that information. - - TMS No. 4181100103 - Property address: - 836 Burger Street - Charleston, SC 29407 - - SCOTT AND CORLEY, P.A. - - By: Ronald C. Scott (rons@scottandcorley.com), SC Bar #4996 - Reginald P. Corley (reggiec@scottandcorley.com), SC Bar #69453 - Angelia J. Grant (angig@scottandcorley.com), SC Bar #78334 - Jessica S. Corley (jessicac@scottandcorley.com), SC Bar #80470 - Allison E. Heffernan (allisonh@scottandcorley.com), SC Bar #68530 - Matthew E. Rupert (matthewr@scottandcorley.com), SC Bar #100740 - William P. Stork (williams@scottandcorley.com), SC Bar #100242 - Louise M. Johnson (ceasiej@scottandcorley.com), SC Bar #16586 - Tasha B. Thompson (tashat@scottandcorley.com), SC Bar #76415 - - ATTORNEYS FOR THE PLAINTIFF - 2712 Middleburg Drive, Suite 200 - Columbia, SC 29204 - 803-252-3340
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PostedSeptember 13, 2017