Courier Legal Notices 1-25-23 |

01/24/2023 Classifieds

Courier Legal Notices 1-25-23

NOTICE
To: The Unknown Owner
The following mobile home has been abandoned at 118 Geneva Lane, Liberty, SC 29657. There is a lien on the mobile home for storage in the amount of $1000 plus any additional rent from the date of this notice. Contact Jimmy Masters at 864-420-1297.
After 30 days from the date of this notice, Jimmy Masters will apply to sell the Mobile Home at the Pickens County Magistrate for public sale. Description: 2 bedroom, 2 bath, brown and beige. 14’ x 65’ Year: Unknown Make: Unknown Model: Unknown Serial: Number Unknown.

Jan. 4, 11, 18, 25
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SUMMONS
STATE OF SOUTH CAROLINA
COUNTY OF PICKENS
IN THE COURT OF COMMON PLEAS
THIRTEENTH CIRCUIT

King Asphalt, Inc., Plaintiff, v. Jeffrey B. Shipman Enterprises, Inc. d/b/a Southeastern Asphalt, and Jeffrey B. Shipman, Individually, Corporate John Does 1-5, and Individual John Does 1-10, Defendants.

TO: Jeffrey B. Shipman Enterprises, Inc. d/b/a Southeastern Asphalt
c/o Jeffrey B. Shipman, Registered Agent
2997 Spartanburg Hwy
Flat Rock, NC 28731

YOU ARE HEREBY SUMMONED and required to answer the COMPLAINT in this action (the original of which has been filed with the Clerk of Court for Pickens County) and to serve a copy of your answer or other responsive pleading to the said COMPLAINT on the subscriber at his office at Post Office Box 2757, Greenville, South Carolina 29602, within thirty (30) days after the service thereof, exclusive of the date of such service. If you fail to appear, answer, or defend the COMPLAINT within the time aforesaid, judgment by default will be rendered against you for the relief demanded in the COMPLAINT.

Dated this the 17th day of October, 2022.
Respectfully submitted,
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
By:/s/ W. Kyle Dillard
W. Kyle Dillard (S.C. Bar #69408)
S. Michael Nail (S.C. Bar #101818)
300 North Main Street
Post Office Box 2757
Greenville, South Carolina 29602
Telephone: (864) 271-1300
Facsimile: (864) 235-8806
kyle.dillard@ogletreedeakins.com
michael.nail@ogletreedeakins.com
Attorneys for Plaintiff,
King Asphalt, Inc.

Jan. 11, 18, 25
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SUMMONS
STATE OF SOUTH CAROLINA
COUNTY OF PICKENS
IN THE COURT OF COMMON PLEAS
THIRTEENTH CIRCUIT

TO: Jeffrey B. Shipman Enterprises, Inc. d/b/a Southeastern Asphalt (“Southeastern”)
c/o Jeffrey B. Shipman, Individually and as President of Southeastern
2997 Spartanburg Hwy
Flat Rock, NC 28731

Dated this the 17th day of October, 2022.
Respectfully submitted,
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
By:/s/ W. Kyle Dillard W. Kyle Dillard (S.C. Bar #69408)
S. Michael Nail (S.C. Bar #101818)
300 North Main Street
Post Office Box 2757
Greenville, South Carolina 29602
Telephone: (864) 271-1300
Facsimile: (864) 235-8806
kyle.dillard@ogletreedeakins.com
michael.nail@ogletreedeakins.com
Attorneys for Plaintiff,
King Asphalt, Inc.

Jan. 11, 18, 25
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COMPLAINT
STATE OF SOUTH CAROLINA
COUNTY OF PICKENS
IN THE COURT OF COMMON PLEAS
THIRTEENTH CIRCUIT

Plaintiff, King Asphalt, Inc., complaining of the above-named Defendants, would allege and show unto this honorable Court as follows:
PARTIES, JURISDICTION AND VENUE
1. Plaintiff King Asphalt, Inc. (hereinafter “King” or “Plaintiff”) is a corporation lawfully organized and existing pursuant to the laws of the State of South Carolina.
2. Defendant Jeffrey B. Shipman Enterprises, Inc. d/b/a Southeastern Asphalt (hereinafter “Southeastern”) is a corporation organized and existing pursuant to the laws of the State of North Carolina.
3. Defendant Jeffrey B. Shipman, individually and d/b/a Southeastern Asphalt (hereinafter “Shipman”) is a natural person and is, upon information and belief, a citizen and resident of North Carolina and was, at times relevant to this action, the President, and upon information and belief, an owner or shareholder of Southeastern, and is personally liable for the debts and other liabilities of Southeastern.
4. Corporate John Doe Defendants 1-5 are one or more corporate entities, the identities of which are presently unknown to King, which, by way of amalgamation of interest, successorship, or another legally recognized means, are liable for the debts and other liabilities of Southeastern.
5. Individual John Doe Defendants 1-10 are one or more natural persons, the identities of which are presently unknown to King, who are, or have been, at times relevant to this action, owners, shareholders, successors or guarantors of Southeastern, and who are personally liable for the debts and other liabilities of Southeastern.
6. Southeastern, Shipman, Corporate John Doe Defendants 1-5, and Individual John Doe Defendants 1-10 had an enduring relationship with South Carolina by regularly conducting their business in South Carolina, as contemplated in S.C. Code Ann. § 36-2-802.
7. Southeastern, Shipman, Corporate John Doe Defendants 1-5, and Individual John Doe Defendants 1-10 had specific business dealings within South Carolina regarding the sale and delivery of certain asphalt paving materials at issue in this lawsuit pursuant to a contract, which occurred in Pickens County. Thus, Defendants are subject to personal jurisdiction in South Carolina under S.C. Code Ann. § 36-2-803.
8. This case arises from the sale and delivery of certain asphalt paving materials by King to Defendants, for which King has not been paid, despite due demand, all of which of which materials were sold in South Carolina, pursuant to a contract entered into in South Carolina. The materials were variously delivered at one or more King manufacturing facilities located in South Carolina, with the majority of the materials (for which the corresponding majority of the payment sought by King is due) having been manufactured and delivered at King’s Liberty Plant located in Pickens County.
9. This Court holds subject matter jurisdiction over the case and personal jurisdiction over the Defendants named herein. Venue in the Pickens County Court of Common Pleas is proper pursuant to S.C. Code Ann. § 15-7-30(C)(2), (D)(1), (D)(2),(F)(1), G(1) & G(2).

FACTS OF THE CASE
10. Southeastern submitted to King, and King accepted, an Application for Business Credit (“the Contract”). The Contract was executed for Southeastern by Shipman, who personally guaranteed payment to King.
11. The Contract provides in pertinent part that:
Applicant’s signature attests financial responsibility, ability and willingness to pay our invoices in accordance with our terms. Invoices are payable thirty (30) days from invoice date. Applicant agrees to pay 1.5% per month interest on all invoices over thirty (30) days (18% annually).
…
The undersigned does hereby certify that he/she is authorized to sign this application on behalf of the Applicant [Southeastern]; that the information contained herein is true; that the Applicant will advise King Asphalt, Inc. in writing at address shown above if there are any changes which occur in respect to any of the information and until such advice is given King Asphalt, Inc. may continue to rely on the information; that Applicant will promptly pay any and all indebtedness that Applicant may now or hereafter owe to King Asphalt, Inc., with all cost of collection including 15 percent of the principal and interest as attorney’s fees if collected by law or through an attorney at law; that Applicant shall pay to King Asphalt, Inc. a charge of $25.00 or 5% of the amount of any non-sufficient fund check given for payment toward any indebtedness, whichever is greater, for each non-sufficient fund check.

12. The Contract constitutes a binding contract between King and Southeastern, and upon which Shipman is personally obligated.
13. After so contracting with Southeastern, pursuant to and in reliance upon the Contract, King manufactured and delivered for sale to Southeastern asphalt paving materials.
14. Beginning September 8, 2021 and through September 15, 2021, King manufactured and delivered to Defendants asphalt materials having a value of not less than Forty-Five Thousand and Six Hundred Thirty-Three Dollars and 42/100 ($45,633.42) Dollars (“the Materials”).
15. Defendants have not made any payments owed to King, despite King’s due demand.
16. Defendants have not made a response to King’s demands for payment pursuant to the Contract.
17. There remains a principal amount due by Defendants and owing to King of Forty-Five Thousand and Six Hundred Thirty-Three Dollars and 42/100 ($45,633.42) Dollars plus interest, which continues to accrue (“the Debt”).
18. The Materials manufactured and delivered to Defendants by King, pursuant to the Contract, were used for improvements to real property.
19. King provided Defendants notice of its claim for payment of the Debt pursuant to S.C. Code Ann. § 27-1-15 by letter dated January 28, 2022 (“the Statutory Notice”). The Statutory Notice was delivered January 31, 2022, via Certified Mail. Defendants failed to respond to the Statutory Notice in any manner whatsoever.

FOR A FIRST CAUSE OF ACTION
AGAINST ALL DEFENDANTS
(Breach of Contract)
20. King incorporates the foregoing allegations of the Complaint as if fully restated verbatim herein.
21. The Contract is a valid and binding contract between King and Southeastern.
22. King fulfilled all of its obligations under the Contract by manufacturing, supplying, and delivering the Materials and extending credit to Defendants for the purchase of the same.
23. Defendants, despite taking delivery of and realizing the benefits of the Materials, have failed and refused to pay for the same, despite due demand, thereby breaching the Contract.
24. King has suffered damages as the result of the Defendant’s breach and is entitled to recovery from the Defendants of those damages, including, but not limited to, the Debt, plus interest and attorneys’ fees and costs, as provided by the Contract and by S.C. Code Ann. § 27-1-

FOR A SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS
(Quantum Meruit)

25. King incorporates the foregoing allegations of the Complaint as if fully restated verbatim herein.
26. Between September 8, 2021 and through September 15, 2021, King manufactured and delivered to Defendants the Materials having a value of not less than Forty-Five Thousand and Six Hundred Thirty-Three Dollars and 42/100 ($45,633.42) Dollars, none of which has been paid by Defendants.
27. Defendants took delivery of the Materials and benefited from the use of the Materials which were, upon information and belief, incorporated into one or more projects by Defendants for their pecuniary benefit.
28. At all times, the circumstances attendant to the delivery by King of the Materials and the acceptance of the same by Defendants, were sufficient to place Defendants on notice of King’s expectation of payment for the Materials by Defendants.
29. Defendants have been unjustly enriched by the receipt of the Materials for which they did not pay.
30. King is entitled to payment from Defendants of the full and fair value of the materials, in an amount not less than Forty-Five Thousand and Six Hundred Thirty-Three Dollars and 42/100 ($45,633.42) Dollars, plus accrued interest through the date of judgment.
WHEREFORE, Plaintiff, King Asphalt, Inc., prays that this Court:
1. Render judgment in its favor against the Defendants, jointly and severally, as to each of the Causes of Action alleged above;
2. Award it actual and consequential damages against the Defendants;
4. Award it the attorneys’ fees and costs incurred in the prosecution of this action against Defendants and in accordance with the binding contractual terms;
5. Pre-judgment interest; and
6. For such other and further relief as the Court deems just and proper.

Jan. 11, 18, 25
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SUMMONS
NON JURY
STATE OF SOUTH CAROLINA
COUNTY OF PICKENS
IN THE COURT OF COMMON PLEAS
THIRTEENTH JUDICIAL CIRCUIT
CASE #: 2022-CP-39-01399

JO ANN VOYTEK NKA JO ANN RACKLEY, PLAINTIFF, VS. MICHAEL J. VOYTEK AND ELEANOR VOYTEK AND JANE DOE, REPRESENTING ANY UNKNOWN HEIRS, OR OTHER PERSON CLAIMING AN INTEREST, DEFENDANTS.

TO THE DEFENDANTS:
You are hereby summoned and required to answer the Complaint in this action a copy of which is served on you and which is filed in the office of the Clerk of this Court this same date and to serve a copy of your Answer to the Complaint upon the subscriber at 107 E. Main Street, P.O. Box 618, Pickens, South Carolina, 29671 within thirty (30) days after the service hereof, exclusive of the day of such service. If you fail to answer the Complaint within that time, the Plaintiff will be awarded default judgment against you for the relief demanded in the Complaint.

November 21, 2022

S/JAMES C. ALEXANDER
JAMES C. ALEXANDER
THE ALEXANDER LAW FIRM, LLC
ATTORNEY FOR PLAINTIFF
POST OFFICE BOX 618
PICKENS, SOUTH CAROLINA 29671
(864)898-3208 jcalexander@thealexanderlawfirm.com
Bar number 317

Jan. 18, 25, Feb 1
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Notice of Application
Notice is hereby given that JH STAR ENTERPRISE LLC intends to apply to the South Carolina Department of Revenue for a license and/or permit that will allow the sale and ON premises consumption of beer, wine and Liquor at 1067 TIGER BLVD #30, CLEMSON, SC 29631. To object to the issuance of this license and/or permit, you must submit Form ABL-20, postmarked no later than FEBRUARY 3, 2023.
Mail protests to SCDOR, ABL Section, PO Box 125, Columbia, SC 29214-0907, or email to ABL@dor.sc.gov.

Jan. 18, 25 , Feb. 1
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LEGAL NOTICE

Wills of the following decedents have been delivered to me and filed.

No proceedings for the probate of said Wills have begun.

Lillian Frances Cooper Odom filed April 4, 2022 George Dale Whitt filed July 13, 2022 Barbara Ann Dobbins filed July 19, 2022 Brenda Louise Smith filed July 22, 2022 Mary Ellen Layfield filed Aug. 4, 2022 Nancy Smith Pace filed Aug. 10, 2022 Arlene Galloway Richard filed Aug. 12, 2022 Tahteh Yang filed Aug. 15, 2022 David Marshall Price filed Aug.18, 2022 David Ray Russell filed Aug.19, 2022 Marie Casey Watkins filed Aug. 22, 2022 Timothy James Sullivan filed Aug.25, 2022 Ray Alvin Fisher filed Aug.26, 2022 Doris Irene Porter Watson filed Sept. 1, 2022 James Randolph Watson filed Sept. 1, 2022 Tina Elizabeth Lipps Botkins filed Sept.6, 2022 James Junior Holcombe filed Sept. 6, 2022 Mary Sue Brooks filed Sept. 6, 2022 Sharon T. Mullinix Collins filed Sept. 14, 2022 Frank McCloy Crane filed Sept. 19, 2022 Exie Vee Henson filed Sept. 20, 2022 Eloise Davis Jamison filed Sept. 20, 2022 Joseph James Kelley filed Sept. 29, 2022

DAVID K. ALLISON
PROBATE JUDGE
PICKENS CO., SC
Jan. 18, 25, Feb. 1
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Notice of Application
Notice is hereby given that Paris Banh Mi Global Company Inc. Intends to apply to the South Carolina Department of Revenue for a license and/or permit that will allow the sale and ON premises consumption of beer, wine, and/or liquor at 189 OLD GREENVILLE HWY, STE B, CLEMSON SC 29631-1388. To object to the issuance of this license and/or permit, you must submit Form ABL-20, postmarked no later than Feb. 3, 2023.
Mail protests to SCDOR, ABL Section, PO Box 125, Columbia, SC 29214-0907, or email to ABL@dor.sc.gov.

Jan. 18, 25 , Feb. 1
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Notice of Application
Notice is hereby given that HNI Station, LLC intends to apply to the South Carolina Department of Revenue for a license and/or permit that will allow the sale and OFF premises consumption of beer and wine at 302 N. Main St., Six Mile SC 29682. To object to the issuance of this license and/or permit, you must submit Form ABL-20, postmarked no later than FEBRUARY 3, 2023.
Mail protests to SCDOR, ABL Section, PO Box 125, Columbia, SC 29214-0907, or email to ABL@dor.sc.gov.

Jan. 18, 25 , Feb. 1
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2023
PUBLIC HEARING
and MEETING SCHEDULE
Board of Appeal Regular Meetings start at 6:30 pm and are held at the Pickens County Administrative Complex Located at 222 McDaniel Avenue in Pickens.

Application Deadline Public Hearing Date

12/27/22 01/23/23
01/30/23 02/27/23
02/27/23 03/27/23
03/27/23 04/24/23
04/24/23 05/22/23
05/29/23 06/26/23
06/26/23 07/24/23
07/31/23 08/28/23
08/28/23 09/25/23
09/25/23 10/23/23
10/30/23 11/27/23
11/27/23 12/27/23
12/27/23 01/22/24

Jan. 25