Court of Common Pleas

Posted

STATE OF SOUTH CAROLINA

COUNTY OF CHARLESTON

IN THE COURT OF

COMMON PLEAS

NINTH JUDICIAL CIRCUIT

CASE NO. 2016-CP-10-4182

CD3, LLC

Plaintiff

vs.

PRINCE T. VANDERHORST, deceased, THE ESTATE OF PRINCE T. VANDERHORST, ANNIE VANDERHORST, DAVID VANDERHORST, JAMES VANDERHORST, MARY VANDERHORST, AND ELOUISE M. SEABROOK, if they or any of them be alive, JOHN DOE AND MARY DOE, whose true names are unknown and fictitious names representing unknown heirs, devisees, distributees, issue, executors, administrators, successors, or assigns of the above named defendants, if any of them be dead, and RICHARD ROE AND JANE ROE, whose true names are unknown and fictitious designating minors, incompetents, or persons under disability, if any, and including those persons in the military service within the meaning of Title 50, United States Code, commonly referred to as The Service Members Civil Relief Act of 2003; persons imprisoned, and persons under any other legal disability and also all other persons unknown claiming any right, title, interest in, or lien upon the real property which is the subject matter of this action.

LIS PENDENS

(SUIT TO QUIET TITLE

AND TO CONFIRM TAX SALE)

(PARTITION)

(NON-JURY)

NOTICE IS HEREBY GIVEN THAT an action has been commenced and is pending in this Court upon the Complaint of the Plaintiff above named against the above named Defendants, said action being brought pursuant to the provisions of the South Carolina Code of Laws, 1976, as amended, Section 15-53-10, et seq., and Section 12-51-160, et seq. The Plaintiff seeks a Decree that it is the fee simple owner in the property described herein and that none of the other Defendants, known or unknown, or any persons, claiming by, through, or under them, or any of them have any right, title, interest in, claim upon, estate in or lien upon the said property.

Plaintiff also seeks equitable partition of the property as provided in Section 15-61-10, et seq., South Carolina Code of Laws, 1976, as amended, together with such incidental relief as may be provided in the statutes and case law of the State of South Carolina.

The property affected by the said Complaint and the action hereby commenced was, at the time of the filing of this Lis Pendens, described as follows:

All that lot, piece, or parcel of land, with the buildings thereon situated, lying, and being at the two mile in Christ Church Parish, Charleston County and state aforesaid. Measuring and containing one (1) acre, more or less. Butting and bounding north on lands now or formerly of William Vanderhorst; east on land now or formerly known as the Borner tract; south on the lands now or formerly of Estelle White; and west on the lands now or formerly of Ella Gaillard.

SAID PROPERTY ALSO DESCRIBED AS:

All that lot, piece, or parcel of land, with the buildings thereon situated, lying, and being at the two mile in Christ Church Parish, Charleston County and state aforesaid. Measuring and containing one (1) acre, more or less. Butting and bounding north on lands now or formerly of William Vanderhorst; east on land now or formerly known as the Borner tract; south on the lands now or formerly of Estelle White; and west on the lands now or formerly of Ella Gaillard. Said property being shown and designated as “Est. Prince Vanderhorst” on a plat entitled “PLAT OF A SUBDIVISION OF A TRACT OF LAND, SITUATE ON U.S. ROUTE 17, APPROXIMATELY ONE AND ONE HALF MILES NORTH OF MT. PLEASANT, CHARLESTON COUNTY, S.C. SAID TRACT FORMERLY OWNED BY JUNE VANDERHORST WAS DEEDED TO HIS CHILDREN” by J. B. Weston, Reg. L.S., and C.E., dated June 1953, and recorded in the Charleston County RMC office in Plat Book J at page 053.

JOHN E. ROMANOSKY, JR.

S. C. Bar No. 4903

One Cool Blow Street, Suite 201

Charleston, South Carolina 29403

843-724-1054

john@jromanlaw.com

Attorney for Plaintiff

Charleston, South Carolina

August 11, 2016

SUMMONS

(SUIT TO QUIET TITLE AND TO CONFIRM TAX SALE)

(PARTITION)

(NON-JURY)

TO THE DEFENDANTS ABOVE NAMED:

YOU ARE HEREBY SUMMONED and required to appear and defend the action(s) set forth in the Complaint herein, a copy of which is served upon you, and to serve a copy of your Answer or other response to said Complaint on John E. Romanosky, Jr., Esquire, at his office at One Cool Blow Street, Suite 201, Charleston, South Carolina, 29403, within thirty (30) days after service hereof if service upon you was in person and thirty-five (35) days after service hereof if served upon you by U. S. Mail, exclusive of the day of such service. If you fail to answer, appear, and defend the Complaint within the time aforesaid, judgment by default will be entered against you for the relief demanded in the said Complaint.

TO ANY DEFENDANTS WHO ARE MINORS, AND TO THE GUARDIAN(S) OF SUCH MINOR(S) OR PERSON WITH WHOM SUCH MINOR(S) RESIDE(S):

TO ANY DEFENDANTS WHO ARE IMPRISONED;

TO ANY DEFENDANTS WHO ARE INCOMPETENT, AND TO THE GUARDIAN(S) OF SUCH INCOMPETENT PERSON(S) OR PERSON(S) WITH WHOM SUCH INCOMPETENT PERSON(S) RESIDES:

YOU ARE HEREBY GIVEN NOTICE that, if you fail to apply for appointment of a Guardian ad Litem for the Minor, Imprisoned Person, or Incompetent Person, within thirty (30) days after service of the Summons to Answer the Complaint, the Plaintiffs will make such application on your behalf.

JOHN E. ROMANOSKY, JR.

S. C. Bar No. 4903

One Cool Blow Street, Suite 201

Charleston, South Carolina 29403

john@jromanlaw.com

Attorney for Plaintiff

Charleston, South Carolina

August 11, 2016

NOTICE PURSUANT TO

SECTION 15-61-25, 1976,

SC CODE OF LAWS, AS

AMENDED (2007 SUPP.)

(SUIT TO QUIET TITLE AND TO CONFIRM TAX SALE)

(PARTITION)

(NON-JURY)

TO THE ABOVE NAMED DEFENDANTS:

YOU WILL PLEASE TAKE NOTICE pursuant to Section 15-61-25, 1976, SC Code of Laws, as amended, (2007 Supp.) and the Standing Order in All Partition Actions entered by the Honorable Mikell R. Scarborough, Master in Equity for Charleston County, on December 20, 2007, and filed in the records of the court, that

The Court shall provide for the non-petitioning joint tenants or tenants in common who are interested in purchasing the property to notify the Court of that interest no later than ten (10) days prior to the date set for trial of the case. The non-petitioning joint tenants or tenants in common shall be allowed to purchase the interests in the property as provided in this section whether default has been entered against them or not. 1976 SC Code of Laws. Section 15-61-25 (A).

This notice shall in no way be construed to be an admission or waiver by the Plaintiff, and the Plaintiff reserves all rights to assert that one or more of the following Defendants do not have an interest in the property in accordance with the Complaint filed in this action: ANNIE VANDERHORST, DAVID VANDERHORST, JAMES VANDERSHORT, MARY VANDERHORST AND ELOUISE M. SEABROOK and John Doe and Mary Doe, representing unknown heirs, devisees, distributees, issue, executors, administrators, successors, or assigns of the above named Defendants, and Richard Roe and Jane Roe representing minors, incompetents, or persons under disability, if any, and including those persons in the military service within the meaning of Title 50, United States Code, commonly referred to as The Service Members Civil Relief Act of 2003; persons imprisoned, and persons under any other legal disability and also all other persons unknown claiming any right, title, interest in, or lien upon the real property which is the subject matter of this action.

John E. Romanosky, Jr.

S. C. Bar No. 4903

One Cool Blow Street, Suite 201

Charleston, South Carolina 29403

843-724-1054

john@jromanlaw.com

Attorney for Plaintiff

Charleston, South Carolina

August 11, 2016

NOTICE OF FILING

(SUIT TO QUIET TITLE AND TO CONFIRM TAX SALE)

(PETITION)

(NON-JURY)

TO THE DEFENDANTS ABOVE NAMED:

YOU ARE HEREBY NOTIFIED that the Lis Pendens, Summons, Complaint, Notice of Filing, and Notice of Intention to Refer to Master in Equity were filed with the Clerk of Court for Charleston County Court of Common Pleas on August 11, 2016.

JOHN E. ROMANOSKY, JR.

S. C. Bar No. 4903

One Cool Blow Street, Suite 201

Charleston, South Carolina 29403

843-724-1054

john@jromanlaw.com

Attorney for Plaintiff

Charleston, South Carolina

August 11, 2016

NOTICE OF APPOINTMENT

OF GUARDIAN AD LITEM NISI

(SUIT TO QUIET TITLE AND TO CONFIRM TAX SALE)

(PARTITION)

(NON-JURY)

TO THE DEFENDANTS ABOVE NAMED:

YOU WILL PLEASE TAKE NOTICE that by an Order dated August 11, 2016, and on file in the Office of the Clerk of Court for Charleston County, Bruce A. Berlinsky, Esquire, whose address is One Carriage Lane, Bldg. F, Charleston, South Carolina, 29407, was appointed Guardian ad Litem Nisi for such of the Defendants whose true names are unknown as may be minors, infants, incompetents or persons of unsound mind or otherwise under any disability, including those persons who might be in the military service within the meaning of Title 50, United States Code, commonly referred to as the Servicemembers’ Civil Relief Act of 2003; such appointment to become absolute unless the said Defendants or someone in their behalf shall procure the appointment of a Guardian ad Litem on or before the 30th day after the last publication of the Summons herein.

John E. Romanosky, Jr.

S. C. Bar No. 4903

One Cool Blow Street, Suite 201

Charleston, South Carolina 29403

843-724-1054

john@jromanlaw.com

Attorney for Plaintiff

Charleston, South Carolina

August 11, 2016

NOTICE OF INTENTION TO REFER TO MASTER IN EQUITY FOR FINAL DETERMINATION WITH ANY APPEAL TO BE DIRECTLY TO THE SOUTH CAROLINA SUPREME COURT OR THE COURT OF APPEALS

YOU WILL PLEASE TAKE NOTICE that the undersigned attorney, on behalf of the Plaintiffs herein, will move for an Order thirty (30) days from the date of service to refer the above entitled matter to the Master in Equity for Charleston County to take testimony and issue a Final Decree. Any appeal from the final judgment by the Master in Equity shall be made directly to the South Carolina Supreme Court or the South Carolina Court of Appeals.

JOHN E. ROMANOSKY, JR.

S. C. Bar No. 4903

One Cool Blow Street, Suite 201

Charleston, South Carolina 29403

843-724-1054

john@jromanlaw.com

Attorney for Plaintiff

Charleston, South Carolina

August 11, 2016

2/28, 3/7, 3/14/17

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