On September 18, 2023 a
Appellate Materials
was filed
involving a dispute between
and
Johnson, Harold ,
for Appeal
in the District Court of Horry County.
Preview
— ————— ———
HorryCounty
Committed to Exeellente
Renee N. Elvis
Horry County Clerk of Court
P.O. Box 677
1301 2™ Avenue
Conway, SC 29526
September 19, 2023
VIA E-
The Honorable Benjamin Allen
640 Ninth Avenue
Aynor, SC 29511
In re: Britzi Wadell VS. Harold Johnson
Magistrate Court Case No.: 2023CV261100449
Circuit Court Case No.: 2023CP2605805
Dear Judge Allen,
Please be advised that an appeal from an Order of your Civil Court has been filed in this
office. Attached for your information is the Notice of Appeal filed in our office. Pursuant to S.C.
Code Ann. 18-7-60, in order for the appeal to be considered by the circuit court, a Magistrate’s
Return must be prepared in this case. The statute requires that you forward your return to this
office no later than October 19, 2023 (30 days from the date the Appeal was filed). If you are
able in your Return to address the matters set forth in the Notice of Appeal, this would be helpful
to the reviewing judge as well as the parties.
Thank you for your attention to this matter.
Sincerely yours,
Kandace R. Rabon
Administrative Assistant
Enclosures: Civil Appeal
L_ —a — —s aa
fi
‘
STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
COUNTY OF Norru
Brr-x_|ndclol/ CIVIL ACTION COVERSHEET
vs.
Plaintiff(s)
LOL3 v.20. 5605
Defendant(s) )
Submitted By: Tl SC Bar #:
Address: Telephone YS -42A-OZ7TY
Ayer 3 CAFS] Fax #:
Other: cen
E-mail;
S
NOTE: The coversheet and information contained herein neither replaces nor supplements the filing and service Stfeddines ontih er eS required by
law. This form is required for the use of the Clerk of Court for the purpose of docketing cases that are NOT E-Fifedimit fist befilled ompletely,
signed, and dated. A copy of this coversheet must be served on the defendant(s) along with the Summons and Cox ‘his fopm is equired fo
be filed in E-Filed Cases, a ~< — ti
DOCKETING INFORMATION (Check all that app§i}2: o -
*If Action is JudgmenwSettlement do not complete 302°
8 my
U1 JURY TRIAL demanded in complaint. (0 NON-JURY TRIAL demanded in complimatc
U co
=
LE] This case is subject to ARBITRATION pursuant to the Court Annexed Alternative Dispute DlutiorRules. 2
(1) This case is subject to MEDIATION pursuant to the Court Annexed Alternative Dispute Resolution Roles.
This case is exempt from ADR. (Certificate Attached) Rh
NATURE OF ACTION (Check One Box Below)
Contracts ‘Torts - Professional Malpractice Torts — Personal Injury Real Property
Constructions (100) oO Dental Malpractice (200) Conversion (310) DD Claim & Delivery (400)
Debt Collection (110) D1 Legal Malpractice (210) Motor Vehicle Accident (320) [B Condermnation (410)
General (130) L_ Medical Malpractice (220) Premises Liability (330) Foreclosure (420)
Breach of Contract (140} Previous Notice of Intent Case # Products Liabitity (340) (1 Mechanic's Lien (430)
Fraud/Bad Faith (150) 20, __- -NI- — - Personal Injury (350) DD Partition (440)
Failure to Deliver L_ Notice/ File Med Mal (230) Wrongful Death (360) LD Possesston (450)
Warranty (160) D other (299) Assault/Battery (370) 1 Building Code Violation (460)
Employment Diserim (170) Slander/Libel (380) C1 other 499)
Employment (180) Other (399)
Other (199),
Administrative Law/Rellef Appeals
ve
Inmate Petitions Judgments/Settlements
PCR (500) Reinstate Drv. License (800) Death Settlement (700) itration (900)
Mandamus (520) Judicial Review (810) Foreign Judgment (710) gistrate-Civil (910)
Habeas Corpus (530) Relief (820) Magistrate's Judgment (720) ‘Magistrate-Criminal (920)
Other (399) Permanent Injunction (830) Minor Settlement (730) Municipal (930)
Forfeiture-Petition (840) Transcript Judgment (740) Probate Court (940)
Forfeiture—Consent Order (850) Lis Pendens (750) SCDOT (950)
Other (899) Transfer of Structured Worker's Comp (960)
Settlement Payment Rights Zoning Board (970)
Application (760) Public Service Comm. (990)
Special/Complex /Other Confession of Judgment (770) Employment Security Comm (991)
Environmental (600) a Phannaceuticals (630) Petition for Workers
Automobile Arb. (610) Unfair Trade Practices (640) Compensation Settlement Other 199)
Approval (780)
Medical (620) oO Out-of State Depositions (650) 1 incapacitated Adult
Settlement (790) LE
Other (699) a Motion to Quash Subpoena in an TD Other (799)
Out-of-County Action (660)
o Sexual Predator (510) oO Pre-Suit Discovery (670)
QO Permanent Restraining Order (680)
oO Interpleader (690)
Submitting Party Signature: Date: Q-le-a 3
SCCA / 234 (04/2021) Page 1 of 2
®= a
2013 CP 20 S805
COMMON PLEAS CASE NUMBER
Hay
STATE OF SOUTH CAROLINA
2024CV2Z10\) 0044
COUNTY OF MAGISTRATE CIVIL CASE NUMBER
Aarr \L addlo |
“APPELLANT(S) IN THE COURT OF COMMON PLEAS
VS. nonce Avia
Bu,TS
SPR ~ Ba
Hacld oma
fdoRESPONDENT(S) ) eae SE
om
So
ZB
The gf fdefendant (circle one), A ertz) (dad elle ty herby givés
notice of appeal from the judgment of the magistrate’s court in the above ‘tion, to Rien Court of
Common Pleas, in the county of
Thig notice of appeal is made subsequent to personal notice of the judgment which was received
day of. @) 2DAA
The rN, exceptions to the jud aw of the Nee are set forth as follows:
CH) A
AS
fo hicdlea uP pede po A fy Lo
Bs; Actaber 5: a2 (DOK me
eim in {2 Ud Ge Ore mo Rane
eye: APE na Steck ma aC aya eee Tn Cy.
the Xu se Yor il Ching Grates pypigh
pac ude £p Opel“ nvaues ao Fp back
LGre sf ow have a 30 dat vee li CL,
E didal- Con Sicko ay that As upon 4 Sar
~
Dated q [8-28
SCCA/720 (Amended 8/1/2011)
6 .
STATE OF SOUTH CAROLINA 2023CV261100449
CIVIL CASE NUMBER
COUNTY OF HORRY
IN THE MAGISTRATE’S COURT
WRIT OF EJECTMENT
Harold Johnson
4322 John Cannon Road
Aynor, SC 29511 =
(843) 365-3569 3a eS
or
PLAINTIFF(S) morn
v
Vs SS PR 4
oum
Britzi Wadell oo;
ens
4328 John Cannon Road om
Zom 20
Aynor, SC 29511 Or =me
DEFENDANT(S) =o
ann ag
TO THE SHERIFF/MAGISTRATE'S CONSTABLE: nO? |
Upon Judgment of this Court, rendered on the , you are hereby Ordered to proceed to the premises locatéd at:
4328 John Cannon Road
Aynor, SC 29511.
Announce your identity and purpose and serve on the defendant(s) and all occupants a copy of this Writ of
Ejectment. Inform them they have twenty four (24) hours to voluntarily vacate the premises. If the premises appear
unoccupied and no one responds to your announced identity and purpose, the Writ of. Ejectment “shall be served by
securely attaching a copy of the Writ ina conspicuous place on the premises.
If after 24 hours following the service or posting of the Writ, the occupants have not’ voluntarily vacated the
premises, a deputy sheriff may enter the premises using only as much force as is necessary to effectuate the Ejectment.
Upon gaining access, you shall remove from the premises any occupants and all items of personal property
found on the premises. Such property may be deposited beside the public street or roadway. All personal property
removed from the premises and placed on a public street or roadway may be removed by the proper local government
agency after forty eight (48) hours, excluding Saturdays, Sundays, and holidays. Such property may also be removed in
~ the normal course of debris or trash collection before or after a Ia) eight (48) hours
September 18, 2023
Aynor Magistrate Court
pana nanan
nen: macnnenenens: weneene
iV being duly swom state that:
{0 personally served a copy of this Writ on an occupant of the rental unit
O On. 20, at the rental unit appeared unoccupied and no one responded when I announced my identity and
intentions. I attached a copy of this Writ to a conspicuous part of the premise.
XN
O On 20. at , which was not less than 24 hours from the posting date and time, J returned to the rental unit
for the purpose of ejectment.
© Under my supervision, I had all persons and personal property removed and evicted from the rental unit placing ail personal property beside the
roadside.
O The rental unit was unoccupied. The Tenant and all occupants had vacated the unit.
O Informed by Piaintiff that case is settled,
f
Date; 20 DWE
Sherifi/Deputy Sherif/Constable
[3-23
lORW
0
MVILO (Rev. 1/2015)
Judge
Clerk Of Court C P, G S, And Family Court
Track Judge’s New Case
Document Filed Date
September 18, 2023
Case Filing Date
September 18, 2023
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Preview
— ————— ——— HorryCounty Committed to Exeellente Renee N. Elvis Horry County Clerk of Court P.O. Box 677 1301 2™ Avenue Conway, SC 29526 September 19, 2023 VIA E- The Honorable Benjamin Allen 640 Ninth Avenue Aynor, SC 29511 In re: Britzi Wadell VS. Harold Johnson Magistrate Court Case No.: 2023CV261100449 Circuit Court Case No.: 2023CP2605805 Dear Judge Allen, Please be advised that an appeal from an Order of your Civil Court has been filed in this office. Attached for your information is the Notice of Appeal filed in our office. Pursuant to S.C. Code Ann. 18-7-60, in order for the appeal to be considered by the circuit court, a Magistrate’s Return must be prepared in this case. The statute requires that you forward your return to this office no later than October 19, 2023 (30 days from the date the Appeal was filed). If you are able in your Return to address the matters set forth in the Notice of Appeal, this would be helpful to the reviewing judge as well as the parties. Thank you for your attention to this matter. Sincerely yours, Kandace R. Rabon Administrative Assistant Enclosures: Civil Appeal L_ —a — —s aa fi ‘ STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF Norru Brr-x_|ndclol/ CIVIL ACTION COVERSHEET vs. Plaintiff(s) LOL3 v.20. 5605 Defendant(s) ) Submitted By: Tl SC Bar #: Address: Telephone YS -42A-OZ7TY Ayer 3 CAFS] Fax #: Other: cen E-mail; S NOTE: The coversheet and information contained herein neither replaces nor supplements the filing and service Stfeddines ontih er eS required by law. This form is required for the use of the Clerk of Court for the purpose of docketing cases that are NOT E-Fifedimit fist befilled ompletely, signed, and dated. A copy of this coversheet must be served on the defendant(s) along with the Summons and Cox ‘his fopm is equired fo be filed in E-Filed Cases, a ~< — ti DOCKETING INFORMATION (Check all that app§i}2: o - *If Action is JudgmenwSettlement do not complete 302° 8 my U1 JURY TRIAL demanded in complaint. (0 NON-JURY TRIAL demanded in complimatc U co = LE] This case is subject to ARBITRATION pursuant to the Court Annexed Alternative Dispute DlutiorRules. 2 (1) This case is subject to MEDIATION pursuant to the Court Annexed Alternative Dispute Resolution Roles. This case is exempt from ADR. (Certificate Attached) Rh NATURE OF ACTION (Check One Box Below) Contracts ‘Torts - Professional Malpractice Torts — Personal Injury Real Property Constructions (100) oO Dental Malpractice (200) Conversion (310) DD Claim & Delivery (400) Debt Collection (110) D1 Legal Malpractice (210) Motor Vehicle Accident (320) [B Condermnation (410) General (130) L_ Medical Malpractice (220) Premises Liability (330) Foreclosure (420) Breach of Contract (140} Previous Notice of Intent Case # Products Liabitity (340) (1 Mechanic's Lien (430) Fraud/Bad Faith (150) 20, __- -NI- — - Personal Injury (350) DD Partition (440) Failure to Deliver L_ Notice/ File Med Mal (230) Wrongful Death (360) LD Possesston (450) Warranty (160) D other (299) Assault/Battery (370) 1 Building Code Violation (460) Employment Diserim (170) Slander/Libel (380) C1 other 499) Employment (180) Other (399) Other (199), Administrative Law/Rellef Appeals ve Inmate Petitions Judgments/Settlements PCR (500) Reinstate Drv. License (800) Death Settlement (700) itration (900) Mandamus (520) Judicial Review (810) Foreign Judgment (710) gistrate-Civil (910) Habeas Corpus (530) Relief (820) Magistrate's Judgment (720) ‘Magistrate-Criminal (920) Other (399) Permanent Injunction (830) Minor Settlement (730) Municipal (930) Forfeiture-Petition (840) Transcript Judgment (740) Probate Court (940) Forfeiture—Consent Order (850) Lis Pendens (750) SCDOT (950) Other (899) Transfer of Structured Worker's Comp (960) Settlement Payment Rights Zoning Board (970) Application (760) Public Service Comm. (990) Special/Complex /Other Confession of Judgment (770) Employment Security Comm (991) Environmental (600) a Phannaceuticals (630) Petition for Workers Automobile Arb. (610) Unfair Trade Practices (640) Compensation Settlement Other 199) Approval (780) Medical (620) oO Out-of State Depositions (650) 1 incapacitated Adult Settlement (790) LE Other (699) a Motion to Quash Subpoena in an TD Other (799) Out-of-County Action (660) o Sexual Predator (510) oO Pre-Suit Discovery (670) QO Permanent Restraining Order (680) oO Interpleader (690) Submitting Party Signature: Date: Q-le-a 3 SCCA / 234 (04/2021) Page 1 of 2 ®= a 2013 CP 20 S805 COMMON PLEAS CASE NUMBER Hay STATE OF SOUTH CAROLINA 2024CV2Z10\) 0044 COUNTY OF MAGISTRATE CIVIL CASE NUMBER Aarr \L addlo | “APPELLANT(S) IN THE COURT OF COMMON PLEAS VS. nonce Avia Bu,TS SPR ~ Ba Hacld oma fdoRESPONDENT(S) ) eae SE om So ZB The gf fdefendant (circle one), A ertz) (dad elle ty herby givés notice of appeal from the judgment of the magistrate’s court in the above ‘tion, to Rien Court of Common Pleas, in the county of Thig notice of appeal is made subsequent to personal notice of the judgment which was received day of. @) 2DAA The rN, exceptions to the jud aw of the Nee are set forth as follows: CH) A AS fo hicdlea uP pede po A fy Lo Bs; Actaber 5: a2 (DOK me eim in {2 Ud Ge Ore mo Rane eye: APE na Steck ma aC aya eee Tn Cy. the Xu se Yor il Ching Grates pypigh pac ude £p Opel“ nvaues ao Fp back LGre sf ow have a 30 dat vee li CL, E didal- Con Sicko ay that As upon 4 Sar ~ Dated q [8-28 SCCA/720 (Amended 8/1/2011) 6 . STATE OF SOUTH CAROLINA 2023CV261100449 CIVIL CASE NUMBER COUNTY OF HORRY IN THE MAGISTRATE’S COURT WRIT OF EJECTMENT Harold Johnson 4322 John Cannon Road Aynor, SC 29511 = (843) 365-3569 3a eS or PLAINTIFF(S) morn v Vs SS PR 4 oum Britzi Wadell oo; ens 4328 John Cannon Road om Zom 20 Aynor, SC 29511 Or =me DEFENDANT(S) =o ann ag TO THE SHERIFF/MAGISTRATE'S CONSTABLE: nO? | Upon Judgment of this Court, rendered on the , you are hereby Ordered to proceed to the premises locatéd at: 4328 John Cannon Road Aynor, SC 29511. Announce your identity and purpose and serve on the defendant(s) and all occupants a copy of this Writ of Ejectment. Inform them they have twenty four (24) hours to voluntarily vacate the premises. If the premises appear unoccupied and no one responds to your announced identity and purpose, the Writ of. Ejectment “shall be served by securely attaching a copy of the Writ ina conspicuous place on the premises. If after 24 hours following the service or posting of the Writ, the occupants have not’ voluntarily vacated the premises, a deputy sheriff may enter the premises using only as much force as is necessary to effectuate the Ejectment. Upon gaining access, you shall remove from the premises any occupants and all items of personal property found on the premises. Such property may be deposited beside the public street or roadway. All personal property removed from the premises and placed on a public street or roadway may be removed by the proper local government agency after forty eight (48) hours, excluding Saturdays, Sundays, and holidays. Such property may also be removed in ~ the normal course of debris or trash collection before or after a Ia) eight (48) hours September 18, 2023 Aynor Magistrate Court pana nanan nen: macnnenenens: weneene iV being duly swom state that: {0 personally served a copy of this Writ on an occupant of the rental unit O On. 20, at the rental unit appeared unoccupied and no one responded when I announced my identity and intentions. I attached a copy of this Writ to a conspicuous part of the premise. XN O On 20. at , which was not less than 24 hours from the posting date and time, J returned to the rental unit for the purpose of ejectment. © Under my supervision, I had all persons and personal property removed and evicted from the rental unit placing ail personal property beside the roadside. O The rental unit was unoccupied. The Tenant and all occupants had vacated the unit. O Informed by Piaintiff that case is settled, f Date; 20 DWE Sherifi/Deputy Sherif/Constable [3-23 lORW 0 MVILO (Rev. 1/2015)