ORDER OF PUBLICATION

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE COURT OF COMMON PLEAS

CASE NO. 2016 CP 3901109

VOLVO FINANCIAL SERVICES, a division of VFS US LLC, a Delaware limited liability company, Plaintiff, v. DONNELLY PROPERTY MANAGEMENT, LLC, a Delaware limited liability company, DONNELLY RECYCLING LLC, a Michigan limited liability company, and JOSEPH DONNELLY, individually, Defendants.

It appears to the satisfaction of the Court that service be made by publication upon Defendant Joseph Donnelly by publishing once a week for three (3) weeks in The State, a newspaper with circulation in South Carolina, in accordance with S.C. Code Ann. 15-9-710; an Affidavit of Publication shall be filed with the Court. Proof of Delivery shall be filed indicating copies of the filed documents being published have been mailed to Defendant Joseph Donnelly at his last known address.

IT IS HEREBY ORDERED.

The Honorable Robin B. Stilwell

Aug. 23, 30, Sept. 6

———————————————————————–

COMPLAINT FOR CLAIM AND DELIVERY AND BREACH OF CONTRACT

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE COURT OF COMMON PLEAS

COUNTY OF PICKENS

CASE NO. 2016 CP 3901109

VOLVO FINANCIAL SERVICES, a division of VFS US LLC, a Delaware limited liability company, Plaintiff, v. DONNELY PROPERTY MANAGEMENT, LLC, a Delaware limited liability company, DONNELLY RECYCLING LLC, a Michigan limited liability company, and JOSEPH DONNELLY, individually, Defendants.

COMPLAINT FOR CLAIM AND

DELIVERY AND BREACH OF CONTRACT

NOW COMES Plaintiff, VOLVO FINANCIAL SERVICES, a division of VFS US LLC, a Delaware limited liability company with its principal place of business in Greensboro, North Carolina (“Plaintiff’ or “Volvo Financial”), by and through its attorneys GORDON REES SCULLY MANSUKHANI, LLP, and hereby complains of Defendants DONNELLY PROPERTY MANAGEMENT, LLC, a South Carolina limited liability company (“DPM”), DONNELLY RECYCLING LLC (“DR”), a Michigan limited liability company, and JOSEPH DONNELLY (“Donnelly”), individually, and in support, Plaintiff states as follows: INTRODUCTION

1. This cause of action arises as a result of the wrongful detention of three (3) pieces of large equipment (“the Collateral”) by Defendant, Donnelly Property Management, LLC (“DPM”). Volvo Financial, the secured lender, entered into four (4) Promissory Notes financing the Collateral for Donnelly Recycling, LLC (“DR”). Joseph Donnelly, (“Donnelly”) personally guaranteed the Promissory Notes. DR breached its obligations under the Notes by failing to make payments as they came due, and illegally transferred the equipment to DPM. Despite demand by Volvo Financial to return the Collateral, DPM is unlawfully withholding the Collateral at its storage facility located at 1318 Pumpkintown Highway, Pickens, SC 29671.

PARTIES

2. Volvo Financial is a limited liability company organized and existing under the laws of the State of Delaware with its principal place of business in Greensboro, North Carolina. Volvo Financial is authorized to do business and is doing business in South Carolina. Volvo Financial Services is a division of VFS US LLC, and does business in South Carolina under Volvo Financial Services.

3. DPM is a South Carolina limited liability company with its principal place of business in Laurens, South Carolina.

4. DPM owns property and maintains a storage location at 1318 Pumpkintown Highway, Pickens, SC 29671.

5. DR is a Michigan limited liability company with its principal place of business in Warren, Michigan.

6. Joseph Donnelly is an individual that resides in Warren, Michigan.

7. Joseph Donnelly is the owner and managing member of DPM and DR. JURISDICTION AND VENUE

8. Jurisdiction and venue are proper pursuant to the S.C. Code Ann. § 22-3-1310, et seq. because the personal property being wrongfully detained by DPM and DR is located in Pickens, South Carolina.

FACTS

9. On July 13, 2012, Volvo Financial and DR entered into a Secured Promissory Note whereby Volvo Financial made a loan to Plaintiff in the total amount of $218,848.98 for the purchase of a 2007 Volvo L 1 20E with serial number 6127 with attached SAS Scorpion Engine Puller with Foam Filled Tires. A true and correct copy of the Secured Promissory Note is attached hereto as Exhibit 1.

10. The Secured Promissory Note granted Volvo Financial a secured interest in the equipment, and perfected that security interest by filing a UCC-1 Financing Statement, document no. 2012109916-8 on July 30, 2012. A true and correct copy of the UCC-1 is attached hereto as Exhibit 1A.

11. On August 11, 2015, at DR’s request, Volvo Financial and DR entered into a Modification Agreement of the Secured Promissory Note. A true and correct copy of the Modification Agreement is attached and incorporated hereto as Exhibit 1B.

12. DR defaulted on the Secured Promissory Note and Modification Agreement by failing to make payments as they came due. A true and correct copy of the default notice demanding payment within ten days that was sent to DR on November 13, 2015 is attached and incorporated hereto as Exhibit 1C.

13. On May 20, 2014, Volvo Financial and DR entered into a Secured Promissory Note whereby Volvo Financial made a loan to Plaintiff in the total amount of $80,339.40 for the purchase of a 2012 Volvo L2OF with serial number 5606 with the following attachments 48″ Track Forks serial number 204278-1 and 7’ Sweepster Broom Model with serial number 22084P. A true and correct copy of the Secured Promissory Note is attached hereto as Exhibit 2.

14. The Secured Promissory Note granted Volvo Financial a secured interest in the equipment, and Volvo Financial perfected that security interest by filing a UCC-1 Financing Statement, document no. 2014074816-8 on May 23, 2014. A true and correct copy of the UCC-1 is attached hereto as Exhibit 2A.

15. DR defaulted on the Secured Promissory Note by failing to make payments as they came due. A true and correct copy of the default notice demanding payment within ten days that was sent to DR on November 13, 2015 is attached and incorporated hereto as Exhibit 2B.

16. On July 31, 2014, Volvo Financial and DR entered into a Secured Promissory Note whereby Volvo Financial made a loan to Plaintiff in the total amount of $231,881.76 for the purchase of a 2007 Volvo EC460BLC, with serial number 0140, with attached 48″ Bucket, Shear Blades, 2011 Genesis GXP300R with serial number 300453R. A true and correct copy of the Secured Promissory Note is attached hereto as Exhibit 3.

17. The Secured Promissory Note granted Volvo Financial a secured interest in the equipment, and Volvo Financial perfected that security interest by filing a UCC-1 Financing Statement, document no. 2014113208-7 on August 1, 2014. A true and correct copy of the UCC-1 is attached hereto as Exhibit 3A.

18. On August 11, 2015, at DR’s request, Volvo Financial and DR entered into a Modification Agreement of the Secured Promissory Note. A true and correct copy of the Modification Agreement is attached and incorporated hereto as Exhibit 3B.

19. DR defaulted on the Secured Promissory Note and Modification Agreement by failing to make payments as they came due. A true and correct copy of the ten day default notice demanding payment within ten days that was sent to DR on November 13, 2015 is attached and incorporated hereto as Exhibit 3C.

20. On November 5, 2014, Volvo Financial and DR entered into a Secured Promissory Note whereby Volvo Financial made a loan to Plaintiff in the total amount of $58,023.36 to finance purchase of a 2014 Volvo MC 115C with serial number 6601, with attached WerkBrau 80″ Grapple Bucket with serial number SSL80001. A true and correct copy of the Secured Promissory Note is attached hereto as Exhibit 4.

21. The Secured Promissory Note granted Volvo Financial a secured interest in the equipment, and Volvo Financial perfected that security interest by filing a UCC-1 Financing Statement, document no. 2014159668-5 on November 6, 2014. A true and correct copy of the UCC-1 is attached hereto as Exhibit 4A.

22. DR defaulted on the Secured Promissory Note by failing to make payments as they came due. A true and correct copy of the ten day default notice demanding payment within ten days that was sent to DR on November 13, 2015 is attached and incorporated hereto as Exhibit 4B.

23. On May 13, 2014, Volvo Financial and Donnelly entered into a Continuing Guaranty whereby Donnelly directly and unconditionally guaranteed all of the obligations of DR to Volvo Financial. A true and correct copy of the Continuing Guaranty is attached hereto as Exhibit 5.

24. On May 26, 2016, after DR and Donnelly failed to return the equipment or cure the default, counsel for Volvo Financial sent DR and Donnelly a second notice of default demanding payment and return of the Collateral. A true and correct copy of the second demand is attached and incorporated hereto as Exhibit 6.

25. DR and Donnelly have failed to cure the default, and have failed to return the Collateral.

26. DR and Donnelly have transferred the Collateral (with the exception of the 2007 Volvo EC460BLC) as described herein to DPM.

27. The Collateral is now being unlawfully held on the property located at 1318 Pumpkintown Highway, Pickens, SC 29671 that is owned by DPM.

FOR A FIRST CAUSE OF ACTION

(Action for Claim and Delivery

against Donnelly, DR, and DPM)

28. Volvo Financial hereby incorporates paragraphs 1-27 of this Complaint as if fully pled herein.

29. The following Collateral is being unlawfully held by Donnelly, DR, and/or DPM at 1318 Pumpkintown Highway, Pickens, SC 29671.

30. The Collateral includes the following equipment:

a. 2007 Volvo L120E with serial number 6127 with attached SAS Scorpion Engine Puller with Foam Filled Tires;

b. 2012 Volvo L2OF with serial number 5606 with the following attachments 48″ Track Forks serial number 204278-1 and 7’ Sweepster Broom Model with serial number 22084P; and

c. 2014 Volvo MC 115C with serial number 6601, with attached WerkBrau 80″ Grapple Bucket with serial number SSL80001.

31. DR and Donnelly breached their various agreements marked as Exhibits 1-5 with Volvo Financial.

32. Volvo Financial has a valid and continuing security interest in the property.

33. Volvo Financial has given DR and Donnelly notices of default, sent an additional notice of default on May 26, 2016 and made a demand for return of the Collateral on DPM on August 30, 2016.

34. After demand, DR and Donnelly have failed to cure the default, and DR and DPM have failed to return the Collateral resulting in damage to Volvo Financial.

WHEREFORE, Plaintiff, Volvo Financial, respectfully requests that this Court enter an order:

a. Granting judgment for permanent possession of the property;

b. If return cannot be made for any reason, grant judgment for the full value of the property plus punitive damages for the wrongful withholding, plus costs of this action;

c. Granting an ex parte restraining order preventing DR, DPM and Donnelly

from damaging, concealing, removing, transferring, or otherwise disposing of the Collateral until final adjudication of the matter;

FOR A SECOND CAUSE OF ACTION (Breach of Contract against DR)

35. Volvo Financial hereby incorporates paragraphs 1-34 of this Complaint as if fully pled herein.

36. Volvo Financial and DR entered into agreements to finance the Collateral whereby DR agreed to may payments to Volvo Financial on a monthly basis when they came due. Such agreements have been attached and incorporated to this Complaint as Exhibits 1-4.

37. Volvo Financial complied with its obligations under each of the agreements attached hereto as Exhibits 1-4.

38. DR failed to make payments as they came due under each of the agreements with Volvo Financial.

39. As a result, DR has breached its agreements with Volvo Financial.

40. Volvo Financial issued a default notice to DR demanding DR to cure its default on November 13, 2015, and on May 26, 2016.

41. Despite such notice, DR failed to cure the default.

42. As of May 26, 2016, DR is due and owing to Volvo Financial in the amount of $303,624.25 as a result of its breach of contract.

43. Pursuant to each of the agreements attached and incorporated herein, DR owes continuing default interest, attorneys’ fees, and costs. See Ex. 1-4.

WHEREFORE, Plaintiff, Volvo Financial, respectfully requests that this Court enter judgment in its favor and against Donnelly Recycling, LLC in the amount of $303,624.25, plus all accrued interest through the date of judgment, plus attorneys’ fees and costs in an amount to be determined.

FOR A THIRD CAUSE OF ACTION

(Breach of Guarantee against Donnelly)

44. Volvo Financial hereby incorporates paragraphs 1-43 of this Complaint as if fully pled herein.

45. As stated herein, Donnelly unconditionally guaranteed all of DR’s obligations under its various agreements with Volvo Financial. See Ex. 5.

46. DR breached its obligations to Volvo Financial by failing to make payments when due.

47. Upon such breach, Volvo Financial made demand upon Donnelly to pay DR’s obligations as required by the Continuing Guaranty. See Ex. 6.

48. Despite demand, Donnelly has not cured the default.

49. As a result, Donnelly has breached the Continuing Guaranty. See Ex. 5.

50. As of May 26, 2016, Donnelly is due and owing to Volvo Financial in the amount of $303,624.25 as a result of his breach of the Continuing Guaranty.

51. Pursuant to the Continuing Guaranty, Donnelly is liable for continuing default interest, attorneys’ fees, and costs. See Ex. 5.

WHEREFORE, Plaintiff, Volvo Financial, respectfully requests that this Court enter judgment in its favor and against Donnelly in the amount of $303,624.25, plus all accrued interest through the date of judgment, plus attorneys’ fees and costs in an amount to be determined.

Gordon & Rees LLP

Peter G. Siacos

Elizabeth F. Bailey

4000 Faber Place Drive, Suite 300

Charleston, South Carolina 29405

Tel: 843-278-5900

Fax: 843-323-4101

psiachos@gordonrees.com

ebailey@gordonrees.com

Attorneys for Plaintiff Volvo Financial

Services, a division of VFS US LLC

Aug. 23, 30, Sept. 6

———————————————————————-

SUMMONS AND NOTICE

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE PROBATE COURT

Case #: 2014-ES-39-00730

In the matter of: PAUL D. MCCORMICK,

DECEASED

TO THE RESPONDENTS:

You are hereby summoned and required to answer the Petition in this action, a copy of which is herewith served upon you and which was filed in the office of the Clerk of this Court on August 18, 2017. If you fail to appear for the Petition in this action, the Complaint within that time, the Petitioner will be awarded default judgment against you for the relief demanded in the Petition.

__s/Steven L. Alexander___

STEVEN L. ALEXANDER

ATTORNEY FOR THE PETITIONER

POST OFFICE BOX 618

PICKENS, SOUTH CAROLINA 29671

PHONE: (864)898-3208

Date: 03/18/2016

Aug. 30, Sept. 6, 13

———————————————————————-

ORDER AND RULE TO SHOW CAUSE

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE PROBATE COURT

THIRTEENTH JUDICIAL CIRCUIT

CASE #: 2014-ES-39-000730

MELISSA ANN RASMUSSEN,

PERSONAL REPRESENTATIVE OF THE ESTATE OF PAUL D. MCCORMICK,

Petitioner, v. CHRISTOPHER MCCORMICK, RICHARD MCCORMICK, AND JOHN DOE, Respondents.

Having read and considered the attached verified Contempt Action:

IT IS ORDERED, that the Respondents, appear before the Judge of the Probate Court for the Thirteenth Judicial Circuit at the Pickens County Probate Court, 222 McDaniel Avenue, B-16, Pickens, South Carolina, 29671 on the 5TH day of OCTOBER, 2017 at 9:30 A.M., and show cause as to why:

1) it should not be ordered for distribution of the estate as if Respondents whose whereabouts are unknown or the fact of whose death is unknown had died before the decedent;

IT IS SO ORDERED.

DATE: August 18, 2017

s/KATHY P. ZORN

JUDGE, THE PROBATE COURT FOR

THE THIRTEENTH JUDICIAL CIRCUIT

Aug. 30, Sept. 6, 13

–