Courier Legal Notices 3-11-20 |

03/10/2020 Classifieds

Courier Legal Notices 3-11-20

NOTICE OF FILING

FOREIGN JUDGMENT

STATE OF SOUTH CAROLINA

COUNTY OF PICKENS

IN THE COURT OF COMMON PLEAS

THIRTEENTH JUDICIAL CIRCUIT

CIVIL ACTION NO. 2019-CP-39-1041

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Cowin Equipment Company, Inc., PLAINTIFF, vs. Jorge Solis d/b/a Acosta Underground, DEFENDANT.

COMES NOW Cowin Equipment Company, Inc. (“Judgment Creditor”), by and through its undersigned attorney and pursuant to S.C. Code Ann. § 15-35-900 et seq., and notifies the above-named Defendant, Jorge Solis d/b/a Acosta Underground (“Judgment Debtor”), of the following:

On February 19, 2019, a judgment was obtained by the Judgment Creditor against the Judgment Debtor in the action captioned Cowin Equipment Company, Inc. v. Jorge Solis d/b/a Acosta Underground in the Circuit Court for Jefferson County, Alabama, Civil Action No. 01-CV-2018-900706.00, in the total sum of $19,680.76, which consists of $16,400.63 in principal and a twenty percent (20%) attorneys’ fee of $3,280.13, plus costs and post-judgment interest in the amount of 7.5% per annum (the “Judgment”). Pursuant to S.C. Code Ann. § 15-35-930, an authenticated, filed, stamped copy of the Judgment is attached hereto as Exhibit “A” and incorporated herein by reference. Also attached hereto as Exhibit “B” and incorporated herein by referenced is a filed, stamped copy of the Affidavit of John R. Frawley, Jr.

The address of the judgment creditor, Cowin Equipment Company, Inc., is as follows:

Cowin Equipment Company, Inc.

5710 Riverview Road

Mableton, GA 30120

The name of the attorney for the Judgment Creditor in the State of South Carolina is Thomas S. Phillips, whose address is as follows:

Smith Jordan, P.A.

P.O. Box 1207

Easley, SC 29641

As evidenced by Exhibit “A”, the Judgment Creditor has caused an authenticated copy of the Judgment to be filed with the office of the Clerk of Court for Pickens County, South Carolina.

The Judgment Debtor has thirty (30) days from the date of receipt of this Notice to seek relief from the enforcement of the Judgment. If the Judgment is not satisfied and no relief is sought by the Judgment Debtor within said thirty (30) days, then the Judgment will enforced in the State of South Carolina in the same manner as a judgment of this State.

s/Thomas S. Phillips

Thomas S. Phillips (S.C. Bar No. 102802)

Smith Jordan, P.A.

1810 East Main Street

Post Office Box 1207

Easley, SC 29641

Phone: (864) 855-1661

Fax: (864) 855-1669

Phillips@SmithJordan.com

ATTORNEY FOR JUDGMENT CREDITOR

August 13, 2019

Easley, South Carolina

Feb. 26, Mar. 4, 11

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NOTICE OF SALE

Pursuant to the Special Referee’s Report and Judgment of Foreclosure and Sale in the Court of Common Pleas in the case of Pinnacle Bank, Plaintiff vs. Jerry R. Burgess a/k/a Jerry Burgess, individually, and as Personal Representative for the Estate of Richard F. Burgess a/k/a Richard Burgess; Grace E. Owens; and United States of America, Defendants, Civil Action No. 2019-CP-39-00842, the property below will be sold at public auction at the Pickens County Courthouse, 214 E. Main Street, Pickens, SC 29671, to-wit: 11:00 a.m., on the 6th day of April, 2020, to the highest bidder the following described property:

PARCEL I:

All that certain piece, parcel or lot of land lying and being situate in the State of South Carolina, County of Pickens, about fourteen (14) miles Northwest of Pickens, being bounded on the North by property of McJunkin; on the South and East by other property of Richard Burgess and on the West by property of Reynolds, containing eight (8.0) acres, more or less, as shown by plat of T. Craig Keith, Surveyor, dated June 11, 1969, and being more fully described according to said plat as follows:

“BEGINNING at a poplar at edge of stream at corner of property of Reynolds and Burgess running thence along other property of Richard Burgess South 59-00 East 200 feet to iron pin in center of South Carolina State Highway #11; thence South 59-00 East 900 feet to iron pin; thence North 17-30 West 950 to w.o. at edge of stream at corner of property of McJunkin, running thence along line of McJunkin property down center of stream South 69-00 W[e]st 390 feet to iron pin in center of South Carolina State Highway#11; thence South 78-30 West 250 feet to iron pin in center of stream at corner of Reynolds property; thence down center of said stream South 14-00 W[e]st 165 feet to the BEGINNING corner.”

This is the property conveyed to Richard Burgess by deed of Purn Burgess dated June 11, 1969 and recorded in Deed Book 11W, Page 370 in the Register of Deeds Office for Pickens County, SC.

LESS & EXCEPTING:

1. Three (3.00) Acres, more or less, as set forth in Deed filed in Book 12-E at Page 246, records of Pickens County, South Carolina;

2. One and 95/100 (1.95) Acres, more or less, as set forth in Deed filed in Book 14-W at Page 118, records of Pickens County, South Carolina; and

3. One (1.00) Acre, more or less, as set forth in Deed filed in Book 1193 at Page 74, records of Pickens County, South Carolina.

PARCEL II:

ALL that certain piece, parcel or tract of land lying and being situate in the State of South Carolina, County of Pickens, about 14 miles north of Pickens, and being more fully described as follows, to-wit:

BEGINNING on a poplar tree and iron pin on McJunkin line which point is also corner of Grantor; thence 59E 1100 feet to an iron pin thence N88E 400 feet to an iron pin; thence 560E 470 feet to an iron pin; thence S12-30E 247 feet to an iron pin; thence in a southwesterly direction along Howard line 1450 feet to rock and iron pin; thence along with Terrell line in a westerly direction along line of Doc Robers 1428 feet to an iron pin; thence N55-37E 86.8 feet to an iron pin; thence Weavers Creek; thence along center of Weavers Creek and following meanderings of same in a northerly direction approximately 750 feet to point of BEGINNING, and containing 51 acres, more or less, according to plat of T. Craig Keith, Surveyor, dated December 30, 1965, reference to which is hereby m[a]de for a more complete and accurate description, and being bounded on the north by other property of Purn G. Burgess, bounded on the east by Howard, bounded on the south by Will Terrell, and bounded on the west by Doc Roberts and Ford McJunkin.[ ]

This is the property conveyed to Richard F. Burgess by deed of Purn G. Burgess dated January 4, 1966 and recorded in Deed Book 10X, Page 95 in the Register of Deeds Office for Pickens County, SC.

LESS & EXCEPTING:

Sixteen (16.00) Acres, more or less released by Partial Release of Mortgage recorded on August 23, 2018, in Book 5387 at Page 35, records of Pickens County, South Carolina.

AND

LESS & EXCEPTING:

All that certain piece, parcel or lot of land lying and being situate in the State of South Carolina, County of Pickens, containing 1.00 acre, more or less, according to plat of Perry Ray Dunn, PLS#19400, dated May 29, 2008 and recorded in Plat Book 592, Pag[e] 134 in the Register of Deeds Office for Pickens County, SC., reference to which is hereby made for a more complete and accurate description.

TMS NOS. 5116-00-18-8425

4792 Pumpkintown Hwy.

Pickens, SC 29671

5116-00-18-8709

4800 Pumpkintown Hwy.

Pickens, SC 29671

5116-00-17-9608

4786 Pumpkintown Hwy.

Pickens, SC 29671

5116-00-18-3630

Pumpkintown Hwy.

Pickens, SC 29671

(Street Address Unknown)

As deficiency judgment has been waived, the bidding will be closed on the date of the sale. Notice is further given that the successful bidder at the sale, other than the Plaintiff, shall be required to immediately, pursuant to the Court’s instructions at the sale, deposit with the undersigned as earnest money and as evidence of its good faith an amount equal to five (5%) per cent of its bid in cash, certified check or cashier’s check to be applied to the costs allowed and the debts found to be due with the balance to be remitted prior to the expiration of thirty (30) days from the date that the bidding is closed, which date is thirty (30) days from the date of sale. Interest on the bid shall be paid to the date of compliance at the rate of 6.00% per annum. The purchaser shall pay for the preparation of all papers and for all recording fees. The sale will be made subject to all outstanding property taxes, if any, and to a one hundred twenty (120) day right of redemption accorded to the United States of America in accordance with the provisions of the United States Code.

Should the successful bidder fail to make such deposit at the time of the acceptance of the bid, with time being of the essence, or should a representative of the Plaintiff or Plaintiff’s attorney not be present at the sale, or should the property for any reason whatsoever not be sold on the sales date above, the undersigned shall sell said property at the next sales date, and this process shall continue until the property is sold, without the necessity of any further advertising.

s/Charles B. Simmons, Jr.

HONORABLE CHARLES B. SIMMONS, JR.

SPECIAL REFEREE FOR PICKENS COUNTY

Pickens, South Carolina

Dated: March 5, 2020

s/Douglas M. Zayicek
Douglas M. Zayicek, Esquire

S.C. Bar No. 11304

Attorney for Plaintiff Pinnacle Bank

BELLAMY, RUTENBERG, COPELAND,

EPPS, GRAVELY & BOWERS, P.A.

1000 29th Avenue North (29577)

P.O. Box 357

Myrtle Beach, SC 29578-0357

(843) 448-2400

(843) 448-3022 (Facsimile)

dzayicek@bellamylaw.com

Mar 11, 18, 25

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NOTICE OF SALE

Pursuant to the Special Referee’s Report and Judgment of Foreclosure and Sale in the Court of Common Pleas in the case of Pinnacle Bank, Plaintiff vs. The Personal Representative of the Estate of Kenneth S. Beasley, if any, whose name is unknown, and any children and heirs at law, distributes and devisees, and if any of the same be deceased, any and all persons entitled to claim under or through them; also all other persons entitled to claim unknown claiming any right, title, interest, or lien upon the real property described in the complaint herein; any unknown adults being a class designated as John Doe; any unknown minors or persons under disability or in the military service being a class designated as Jane Roe; and U.S. Bank National Association, Defendants, Civil Action No. 2019-CP-39-00530, the property will be sold at public auction at the Pickens County Courthouse, 214 E. Main Street, Pickens, SC 29671, to-wit: 11:00 a.m., on the 4th day of May, 2020, to the highest bidder the following described property:

All that certain piece, parcel or lot of land situate, lying and being in the State of South Carolina, County of Pickens, being known and designated as Lot Nos. 2, 3 and 4 according to a survey entitled “Survey for Glenda K. Tinsley and Kenneth Scott Beasley”, prepared by J.C. Smith & Associates, Surveyor, dated 6/6/03 and recorded in Plat Book 482, at Page 16, in the R/D Office for Pickens County, SC, reference being hereby made to said plat for a more complete metes, and bounds description thereof.

This being a portion of the property conveyed to Kenneth Scott Beasley by deed from Jean K. Beasley dated 3/11/99 and recorded in Deed Book 474, at Page 67; also see deed to Kenneth Scott Beasley by deed from Jean K. Raines (formerly known as Jean K. Beasley) dated 5/14/97 and recorded in Deed Book 396, at Page 287; also see deed to Kenneth Scott Beasley from Glenda K. Tinsley, Fred Warren Knight and Jean K. Yates nka Jean K. Beasley, dated 8/6/03, and recorded on 9/9/03 in Deed Book 761, at Page 223, in the R/D Office for Pickens County, SC.

This conveyance is made subject to any restrictions, reservations, zoning ordinances or easements that may appear of record on the recorded plats or on the premises.

MS NO. 5110-19-70-3183

PROPERTY ADDRESS:

108 Mary Ann Street Easley, SC 29640

As deficiency judgment has been waived, the bidding will be closed on the date of the sale. Notice is further given that the successful bidder at the sale, other than the Plaintiff, shall be required to immediately, pursuant to the Court’s instructions at the sale, deposit with the undersigned as earnest money and as evidence of its good faith an amount equal to five (5%) per cent of its bid in cash, certified check or cashier’s check to be applied to the costs allowed and the debts found to be due with the balance to be remitted prior to the expiration of thirty (30) days from the date that the bidding is closed, which date is thirty (30) days from the date of sale. Interest on the bid shall be paid to the date of compliance at the rate of 4.75% per annum. The purchaser shall pay for the preparation of all papers and for all recording fees. The sale will be made subject to all outstanding property taxes, if any.

NOTICE: The foreclosure deed is not a warranty deed. Interested bidders should satisfy themselves as to the quality of title to be conveyed by obtaining an independent title search prior to the foreclosure sale date. In addition, the successful bidder shall take the property subject to the Mortgage of Kenneth S. Beasley to Central Carolina Bank recorded on November 12, 2003, in Book 2486 at Page 114, which was thereafter assigned unto U.S. Bank National Association by Assignment of Mortgage recorded on July 27, 2018, in Book 5376 at Page 230.

s/Charles B. Simmons, Jr.

HONORABLE CHARLES B. SIMMONS, JR.

SPECIAL REFEREE FOR PICKENS COUNTY

Pickens, South Carolina

Dated: March 5, 2020

s/Douglas M. Zayicek Douglas M. Zayicek, Esquire

S.C. Bar No. 11304

Attorney for Plaintiff Pinnacle Bank

BELLAMY, RUTENBERG, COPELAND,

EPPS, GRAVELY & BOWERS, P.A.

1000 29th Avenue North (29577)

P.O. Box 357