Truist Bank v. Caldwell

Truist Bank v. Caldwell STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS SEVENTH JUDICIAL CIRCUIT COUNTY OF SPARTANBURG C/A #: 2025-CP-42-00653 TRUIST BANK F/K/A BRANCH BANKING AND TRUST COMPANY, Plaintiff, Vs. SCOTT R. CALDWELL, INDIVIDUALLY, AND AS HEIR AT LAW OF PHYLLIS S. CALDWELL, DECEASED; AMANDA CLARK, AS HEIR AT LAW OF PHYLLIS S. CALDWELL, DECEASED, AND ANY OTHER HEIRS-AT-LAW OR DISTRIBUTEES OR PERSONAL REPRESENTATIVES AND THEIR SPOUSES, IF ANY THEY HAVE, AND ALL OTHER PERSONS WITH ANY RIGHT, TITLE OR INTEREST IN AND TO THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN; ALSO ANY UNKNOWN ADULTS AND THOSE PERSONS WHO MAY BE IN THE MILITARY SERVICES OF THE UNITED STATES OF AMERICA, ALL OF THEM BEING A CLASS DESIGNATED AS JOHN DOE; AND ANY UNKNOWN MINORS OR PERSONS UNDER A DISABILITY BEING A CLASS DESIGNATED AS RICHARD ROE; JOHN DOE, AS UNKNOWN PERSONAL REPRESENTATIVE OF THE ESTATE OF PHYLLIS S. CALDWELL; and LEE WEEKS, IN HIS CAPACITY AS SPARTANBURG COUNTY TAX COLLECTOR, Defendants. ________________________________) NOTICE OF ORDER APPOINTING GUARDIAN AD LITEM NISI AND ATTORNEY TO: THE DEFENDANTS HEREIN, NAMES AND ADDRESSES UNKNOWN, INCLUDING ANY THEREOF WHO MAY BE MINORS, IMPRISONED PERSONS, INCOMPETENT PERSONS, UNDER OTHER LEGAL DISABILITY OR IN THE MILITARY SERVICE, IF ANY, WHETHER RESIDENTS OR NON-RESIDENTS OF SOUTH CAROLINA AND TO THE NATURAL, GENERAL, TESTAMENTARY GUARDIAN OR COMMITTEE, OR OTHERWISE, AND TO THE PERSON WITH WHOM THEY MAY RESIDE, IF ANY THERE BE: PLEASE TAKE NOTICE that a Motion for an order appointing Kelley Woody, Esquire, as Guardian ad Litem Nisi, for all persons whomsoever herein collectively designated as Richard Roe or John Doe, defendants herein, names and addresses unknown, including any thereof who may be minors, imprisoned persons, incompetent persons, or under other legal disability, and as Attorney for said parties who may be in the military service, whether residents or non-residents of South Carolina, was filed in the Office of the Clerk of Court for Spartanburg County. YOU WILL FURTHER TAKE NOTICE that unless the said minors or persons under other legal disability, if any, or someone in their behalf or in behalf of any of them, shall within thirty (30) days after service of notice of this order upon them by publication, exclusive of the day of such service, procure to be appointed for them, or either of them, a Guardian ad Litem to represent them for the purposes of this action, the appointment of said Guardian ad Litem Nisi and Attorney shall be made absolute. SUMMONS AND NOTICE OF FILING COMPLAINT TO THE DEFENDANTS ABOVE NAMED: YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your answer to the said Complaint upon the subscribers, at their office, 3200 Devine Street, Columbia, South Carolina 29205 or Post Office Box 11682, Columbia, South Carolina 29211, within thirty (30) days after the service hereof, exclusive of the day of such service; and if you fail to answer the Complaint in the time aforesaid, judgment by default will be rendered against you for the relief demanded in the Complaint. NOTICE IS HEREBY GIVEN that the original Complaint in the above entitled action was filed in the office of the Clerk of Court for Spartanburg County on August 22, 2025. AMENDED SUMMONS TO THE DEFENDANTS ABOVE NAMED: YOU ARE HEREBY SUMMONED and required to answer the Amended Complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your answer to the Complaint upon the subscribers, at their office, 3200 Devine Street, Columbia, South Carolina, 29205 or Post Office Box 11682, Columbia, South Carolina 29211, within thirty (30) days, after service hereof, exclusive of the day of such service; and if you fail to answer the Amended Complaint in the time aforesaid, judgment by default will be rendered against you for the relief demanded in the Amended Complaint. TO MINOR(S) OVER FOURTEEN YEARS OF AGE, AND/OR TO MINOR(S) UNDER FOURTEEN YEARS OF AGE AND THE PERSON WITH WHOM THE MINOR(S) RESIDES, AND/OR TO PERSONS UNDER SOME LEGAL DISABILITY: YOU ARE FURTHER SUMMONED AND NOTIFIED to apply for the appointment of a guardian ad litem within thirty (30) days after the service of this Summons and Notice upon you. If you fail to do so, application for such appointment will be made by the Mortgagee immediately and separately and such application will be deemed absolute and total in the absence of your application for such an appointment within thirty (30) days after the service of the Amended Summons and Amended Complaint upon you. YOU WILL ALSO TAKE NOTICE that should you fail to Answer the foregoing Amended Summons, Plaintiff will move for an Order of Reference of this cause to the Master in Equity for this County, which Order shall, pursuant to the South Carolina Rules of Civil Procedure, Rule 53(e) specifically provide that the said Master in Equity is authorized and empowered to enter a final judgment in this cause with appeal only to the South Carolina Court of Appeals pursuant to South Carolina Appellate Court Rules, Rule 203(b)(4) and Rule 203(b)(1). SMITH|ROBINSON By: s/Ryan J. Patane Benjamin E. Grimsley, SC Bar No. 70335 Ryan J. Patane, SC Bar No. 103116 P.O. Box 11682 Columbia, South Carolina 29211 (803) 233-4999 ben.grimsley@smithrobinsonlaw.com ryan.patane@smithrobinsonlaw.com Attorneys for Plaintiff October 2, 9, 16 2025 LGSC0380692