RDC File No.: 19-12949 - STATE OF SOUTH CAROLINA - COUNTY OF CHARLESTON - IN THE COURT OF COMMON PLEAS - CASE NO.: 19-CP-10-3856 - - L. E. Kornahrens, Jr., - Plaintiff, - vs. - The Estate of Avis L. Powell, deceased, her Heirs at Law, or Distributees, Personal Representatives, Successors, Assigns, or Spouses, if any, Rashard Powell, Mary Powell, Ashley Powell, and all other persons entitled to claim under or through them and all unknown persons with any right, title or interest in the real property subject to this action, those who are adults being as a class designated as John Doe and any unknown infants or Persons under any disability or person in the military service of the United - States of America being as a class designated as Richard Roe, - Defendants. - - LIS PENDENS - - Notice is hereby given that Plaintiff will, within twenty (20) days from the date hereof, commence foreclosure proceedings against the above named Defendants for the foreclosure of the below described mortgage: - - Mortgagee: - L.E. Kornahrens, Jr. - Mortgagor: - Avis L. Powell - Date Signed: - October 1, 2013 - Book and Page: - Book 365 Page 190 - Date Recorded: - October 3, 2013 - - The premises covered by said Mortgage are fully described as follows: - All of that certain piece, parcel or lot of land with the buildings and improvements thereon, situate, lying and being in the City o North Charleston, County of Charleston, State of South Carolina and being shown and designated as Lot 80 Nafair Subdivision on a plat entitled "PLAT OF NAFAIR CHARLESTON COUNTY, SOUTH CAROLINA", prepared by H.R. O'Neal, Registered Surveyor, dated February 11, 1939, and recorded in Book E at Page 101 in the RMC Office for Charleston County. SAID lot having such size, shape, dimensions, buttings and bounding as will by reference to said plat more fully and at large appear. - - TMS No.: 469-06-00-030 - Property address: - 3529 Admiral Drive - North Charleston, SC 29405 - - SUMMONS AND NOTICE - - TO: THE DEFENDANTS 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 office, 2050 Spaulding Drive, Suite 2, North Charleston, South Carolina 29406, within thirty (30) days after 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) SRESIDES, 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 Plaintiff. - 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 the aforesaid County, which order shall, pursuant to Rule 53(e) of the South Carolina Rules of Civil Procedure, specifically provide that the said Master in Equity or Special Referee is authorized and empowered to enter a final judgment in this case. - - NOTICE OF FILING - - YOU WILL PLEASE TAKE NOTICE that the foregoing Summons and Complaint, were filed with the Clerk of Court for Charleston County, South Carolina on July 19, 2019. - - ORDER APPOINTING GUARDIAN AD LITEM - - UPON READING AND FILING the Petition of the Plaintiff for the appointment of Richard A. Steadman, Jr., Esquire, as Guardian ad Litem for any unknown defendants who may be minors, infants, persons under disability or incompetent, including those persons who might be in the military service within the meaning of Title 50, United States Code, commonly referred to as the Soldiers and Sailors Relief Act of 1940, being as a Class designated as "John Doe," and "Richard Roe," and it appearing that the names and addresses of such persons, if any, whether residents or non-residents of the State of South Carolina, are unknown to Plaintiff and cannot, with reasonable diligence be ascertained, and that the said Richard A. Steadman, Jr., Esquire, whose office is located at 6296 Rivers Avenue, Suite 102, North Charleston, South Carolina, is a suitable and competent person to understand and protect the rights and interests of said Defendants and has no interest therein adverse to the interest of said Defendants, if any, and is not connected in business with the Plaintiff, in this action or with its counsel. - IT IS, THEREFORE, ORDERED that said Richard A. Steadman, Jr., Esquire, be and he is hereby designated and appointed Guardian ad Litem Nisi for said unknown Defendants who may be minors, infants, persons under disability of incompetent, including those persons who might be in the military service within the meaning of Title 50, United States Code, commonly referred to as the Soldiers and Sailors Relief Act of 1940, being as a class designated as "John Doe," and "Richard Roe," and he is hereby authorized to appear and defend the said action on behalf of said Defendants, unless Defendants, if any, or any of them shall within thirty (30) days after the service of a copy of this Order upon them, exclusive of the day of service, as herein provided, procure to be appointed, procure to be appointed a Guardian ad Litem for said Defendants, if any, for the purposes of this action. - IT IS FURTHER ORDERED that this Order shall be served upon said unknown Defendants who may be minors, infants, persons under disability or incompetent, including those persons who might be in the Military Service within the meaning of Title 50, United States Code, commonly referred to as the Soldiers and Sailors Relief Act of 1940, being as a Class designated "John Doe," and "Richard Roe," by publication of a notice of this Order as required by law in a newspaper published in Berkeley County, South Carolina, once a week for three (3) consecutive weeks. - - S/R R. David Chard - S.C. Bar No.: 1190 - Attorney for the Plaintiff - 2050 Spaulding Drive, Suite 2 - N. Charleston, SC 29406 - (843) 554-6984
