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STATE OF SOUTH CAROLINA COUNTY OF YORK in the Circuit Court Founders Federal Credit Union, Plaintiff, vs. Jeraldine Cunningham (deceased), her heirs and assigns, and any other Heirs-at-Law or Devisees of Jeraldine Cunningham (deceased), their Heirs, 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 real property described herein, including any person who may be in the military service of the United States of America, being a class designated as John Doe; any unknown minors or persons under disability being a class designated as Richard Roe, Defendants. Case No. 2025-CP-46-01248 SUMMONS (Non-Jury)(Foreclosure of Mortgage)(Deficiency Sought - Determination of Deficiency Amount for Purpose of Asserting Claim Against Probate Estate) TO: THE DEFENDANTS ABOVE-NAMED YOU ARE HEREBY SUMMONED AND REQUIRED to answer the Complaint in the above-entitled action, a copy of which is herewith served upon you, and to serve a copy of your answer upon the undersigned attorneys at their offices located at 128 S. Congress Street, Winnsboro, South Carolina 29180, MAILING: PO Box 117, Winnsboro, SC 29180, within (30) days after the date of such service, exclusive of the date of 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. The Lis Pendens and Summons and Complaint were filed on March 26, 2025 in the Office of the Clerk of Court for York County, SC. YOU WILL ALSO TAKE NOTICE that the Plaintiff will move for a general Order of Reference of this cause to the Master-in-Equity or Special Referee for this 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 cause with any appeal directly to the South Carolina Court of Appeals. LIS PENDENS NOTICE IS HEREBY GIVEN that an action has been commenced and is pending or is about to be commenced in the Circuit Court for York County, South Carolina by the above-named Plaintiff against the above-named Defendants to foreclose on that certain Mortgage given by Jeraldine B. Cunningham to Founders Federal Credit Union dated November 29, 2022, covering certain real property, with improvements thereon, located in York County. The Mortgage was filed and recorded in the York County Clerk of Court's Office on December 7, 2022, in Book RB20532 at Page 189. The property, which is the subject of this foreclosure action, is described as follows: "All that certain piece, parcel or lot of land, with any and all improvements thereon, lying, being and situate in the City of Rock Hill, County of York, State of South Carolina, and being designated as Lot 2 of Block 9 of Catawba Terrace Subdivision as shown on that certain plat of subdivision as recorded in Plat Book 4 on Page 309 in the Office of the Clerk of Court for York County, SC. Said Property is more particularly described upon that certain plat of survey entitled "Survey for Jeraldine B. Cunningham", drawn August 25, 1994 by Edward F. Woodward, SCRLS of Ahmark Land Surveyors, the same being recorded contemporaneously herewith, as follows: BEGINNING to a point on the southeastern side of Bose Avenue, said beginning point being 75 feet, more or less, northeast of the intersection of Bose Avenue and Edwards Street and running thence with the right of way for Bose Avenue N. 51-00-00 E. for a distance of 50.37 feet to an iron; thence continuing N. 43-58-00 E. for a distance of 35.00 feet to an iron; thence turning and running S. 46-00-06 E. for a distance of 127.47 feet to an iron; thence turning and running S. 46-57-17 W. for a distance of 44.53 feet to an iron; thence turning and running N. 63-09-16 W. for a distance of 137.41 feet to an iron on the right of way for Bose Avenue, the point beginning. Said property has a current street address of 1150 Bose Avenue, Rock Hill, South Carolina. DERIVATION: This being the identical property conveyed to Jeraldine B. Cunningham by deed from Charlene W. Drummond, dated August 30, 1994, recorded September 6, 1994 in Book 1088 at Page 173, in the Office of the Clerk of Court for York County, South Carolina." TMS No.: 631-06-02-008 ADDRESS: 1150 Bose Avenue, Rock Hill, South Carolina 29732 NOTICE OF FILING OF COMPLAINT NOTICE IS HEREBY GIVEN that the Summons and Complaint in the above-captioned action (Case No. 2025-CP-46-01248) was electronically filed in the York County Clerk of Court's Office on March 26, 2025. A copy of the Complaint is available for review and inspection by all interested persons. NOTICE OF ORDER APPOINTING GUARDIAN AD LITEM NISI AND ORDER FOR SERVICE BY PUBLICATION This matter comes before the Court on Plaintiff's Motion to Appoint Guardian Ad Litem Nisi and for an Order for Service by Publication, through which Plaintiff seeks to appoint Kelley Y. Woody, Esq. as Guardian Ad Litem Nisi for Defendants heirs and assigns, and any other Heirs-at-Law or Devisees of Jeraldine Cunningham (deceased), their Heirs, 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 real property described herein, including any person who may be in the military service of the United States of America, being a class designated as John Doe; any unknown minors or persons under disability being a class designated as Richard Roe (collectively the "Estate and the Unknown and Doe Defendants"), some or all of whom are or may be residents or non- residents of the State of South Carolina, minors, incompetent, imprisoned, under legal disability, or in the military service. (collectively the "Unknown and Doe Defendants"). It appearing that some or all of the Unknown and Doe Defendants are or may be residents or non-residents of the State of South Carolina, minors, incompetent, imprisoned, under legal disability, or in the military service, and that the Estate and the Unknown and Doe Defendants are unknown to Plaintiff and cannot with reasonable diligence be located or their whereabouts ascertained; It further appearing that Kelley Y. Woody, Esq. is a suitable and competent person to understand and protect all rights and interests of the Estate and the Unknown and Doe Defendants, and that Kelley Y. Woody, Esq. has no interest adverse to the interests of the Estate and the Unknown and Doe Defendants and is not connected in business with Plaintiff or its counsel; NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, and DECREED as follows: Kelley Y. Woody, Esq. is hereby appointed Guardian Ad Litem Nisi on behalf of the Unknown and Doe Defendants, the same being fictitious names used for the true names of all unknown persons, claiming any right, title, estate, interest in or lien upon the Property, their heirs and assigns; all other persons, firms, or corporations entitled to claim under, by, or through any of the defendants; and all other persons or entities unknown claiming any right, title, interest, estate in, or lien upon, the Property, some or all of whom are or may be residents or non-residents of the State of South Carolina, minors, incompetent, imprisoned, under legal disability, or in the military service.Kelley Y. Woody, Esq. is empowered and directed to appear on behalf of and to represent the Unknown and Doe Defendants, unless any one of them, or someone on behalf of any one of them, shall, within thirty (30) days after service of a copy hereof as directed, procure the appointment of a Guardian Ad Litem.A copy of this Order shall be served upon the Estate and the Unknown and Doe Defendants by publication in The Rock Hill Herald, a newspaper of general circulation published in York County, South Carolina, once a week for three consecutive weeks, together with the Lis Pendens, Summons, Notice of Filing Complaint, and Notice of Order Appointing Guardian Ad Litem in this action. s/ William A. McKinnon, Circuit Court Judge, June 11, 2025 IPL0244715 Jun 19,26,Jul 3 2025
Post Date: 06/19 12:00 AM
Refcode: #IPL0244715 
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