SUMMONS
State of South Carolina County of Horry
In the Court of Common Pleas for
The Fifteenth Judicial Circuit
Civil Action Number 2025-CP-26-05955
Joseph Eliot Malak,
Plaintiff,
vs.
Miles Malak,
Defendant.
Miles Malak,
Third Party Plaintiff,
vs.
Kevin Patrick O'Rourke,
Third Party Defendant.
NOTICE OF FILING OF SUMMONS
ON THIRD PARTY COMPLAINT, AND
THIRD PARTY COMPLAINT
TO: THIRD PARTY DEFENDANT, KEVIN PATRIK O'ROURKE:
PLEASE TAKE NOTICE a Third Party Summons and Third Party Complaint were filed in the Office of the Court of Common Pleas for the County of Horry, State of South Carolina, on March 5, 2026, and an action has been or will be commenced and is or will be pending in the Court of Common Pleas to address the merits of a civil action commenced by Plaintiff, and a civil action commenced by Miles Malak, Defendant and Third Party Plaintiff, which seeks to conclude an independent accounting, and to make distributions based on a Final Accounting concerning the deposits and the characterization of those deposits under the terms of the Operating Agreement, all towards the end of recasting the membership interests of the three members to have Defendant become a majority member, retroactive to the first of numerous breaches of the Operating Agreement, and among other relief, for the judicial dissolution of JP Burns Holdings II, LLC, and/or the purchase of the shares of JP Burns Holdings II, LLC, owned by Plaintiff either by the corporation or other members pursuant to S.C. Code § 33-14-310(d), and for the appointment of a receiver to handle the assets and management of JP Burns Holdings II, LLC.
PLEASE TAKE NOTICE the following SUMMONS ON THE THIRD PARTY COMPLAINT shall be published once a week for three (3) consecutive weeks and service of these documents shall be deemed complete at and upon the later of the date of the third (3rd) publication in THE SUN NEWS, or the later of third (3rd) publication in the CUMBERLAND TIMES NEWS, and the mailing by regular mail of copies of the SUMMONS ON THE THIRD PARTY COMPLAINT and THIRD PARTY COMPLAINT to Third Party Defendant, Kevin Patrick O'Rourke, at P. O. Box 290434, Port Orange, FL 32129, and at 16712 McMullen Hwy, SW, Cumberland, MD 21502.
SUMMONS ON THIRD PARTY
COMPLAINT
YOU ARE HEREBY SUMMONED and required to answer the THIRD PARTY COMPLAINT in this action, a copy of which may be obtained from Nation Law Firm, P.C., Suite B, 1309 Highmarket Street, Post Office Drawer 1657, Georgetown, SC 29440, or the Court of Common Pleas for Horry County, Horry County Courthouse, and served upon you by publication, and to serve a copy of your Answer to the Third Party Complaint on the attorney for Miles Malak, Defendant and Third Party Plaintiff, Nation Law Firm, P.C., at its offices, Suite B, 1309 Highmarket Street, Post Office Drawer 1657, Georgetown, SC 29442, within thirty (30) days after the service hereof, exclusive of the day of such service, and if you fail to answer the Third Party Complaint within the time aforesaid, Miles Malak, Defendant and Third Party Plaintiff, in this action will apply to the Court for a Judgment by Default and the relief demanded in the Third Party Complaint.
Dated at Georgetown, South Carolina, this 2nd day of October, 2026.
Nation Law Firm, P.C.:
Charles Owen Nation, II
1309 Highmarket Street, Unit B
Post Office Drawer 1657
Georgetown, SC 29442-1657
Telephone No. 843.545.8877
Facsimile No. 843.545.8677
South Carolina Bar Number 4174
charles@nationlawfirmpc.com
Attorney for Miles Malak, Defendant and Third Party Plaintiff
IPL0379083
Oct 14,21,28 2026