NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

MECKLEBURG COUNTY SUPERIOR COURT DIVISION

20 CVS 7192
)
DRN’S PROPERTIES LLC,
)
Plaintiff, DEFENDANT’S FIRST SET OF
) INTERROGATORIES AND
v.
) FIRST REQUEST FOR
)
PRODUCTION OF DOCUMENTS
KENNETH TOLBERT, )
TO PLAINTIFF & ALL
Defendant ) RELEVANT PARTIES
 I herewith serve upon you the following written interrogatories under the
provisions of Rule 33 of the North Carolina Rules of Civil Procedure.

You are required to answer these interrogatories separately and fully in writing
under oath and to serve a copy of your answers on the undersigned within thirty
(30) days after the service hereof.

These interrogatories shall be continuing in nature until the date of trial and you
are required to serve supplemental answers as additional information may become
available to you.

Notice is hereby given to R. GREGORY TOMCHIN, or some other employee of

said attorney, acting on behalf of the PLAINTIFF, to inspect or copy the requested
documents or tangible things so requested to be produced in this document in
accordance with Rule 34 of the North Carolina Rules of Civil Procedure at the
office of R. GREGORY TOMCHIN on or before a date of 30 days after service of
this document on you.

The requests for documents intermingled with the interrogatories herein shall be
treated as formal requests for the production of these documents under Rule 34 of
the North Carolina Rules of Civil Procedure if voluntary submission of said
documents is not obtained.

Where any question herein is inapplicable, please indicate the same and state with
particularity why said question is inapplicable.
- Does the Property fit the definition of a Rooming House/Boarding House for
which a permit is required in accordance with the Charlotte Zoning
Ordinance? Please state the reason for your answer.
- Has Diamond Corbin ever been a member and/or manager of the Plaintiff?
Please state the complete dates and times of the above stated involvement up
to the time of the filing of the complaint.
- Is there a permanent staff member or resident living on the property in
accordance with the Charlotte Zoning Ordinance requirements for a
Rooming House should it be found, if not currently so, to fit the definition of
a Rooming house and/or Boarding House in accordance with the Charlotte
Zoning Ordinance?
- Does Plaintiff share or lack ownership of the Property in any capacity?
- How many Rooms are rented within the Property and how many Rooms
exist within the Property?
- What is the nature of the relationships between: Plaintiff & the Defendant,
Nikki Corbin & the Defendant and Diamonds CBS, Inc. & the Defendant?
- What applicable Local, State and Federal Laws/Statutes/Codes/Ordinances
govern the relationships between the Plaintiff & Defendant, Nikki Corbin &
the Defendant, and Diamonds CBS, Inc. & the Defendant?
- How and when did Plaintiff become aware of agreement between
Diamond’s CBS, Inc. & Defendant as alleged in point 7 of your Complaint
& what was Plaintiff’s position as purported owner of the Property in
regards to the above mentioned alleged agreement?
- Has any person acting on Plaintiff’s behalf been responsible for any aspect
of managing or maintaining the rental unit or property?; if so, for each
person state their full legal name, address and telephone number; the dates
the person managed or maintained the rental property as well as the persons
responsibilities to the rental property.
- Is the Demand on which the Plaintiff bases its complaint attached to same
complaint? If not, then please state the full contents of the Notice/Demand.
- State all reasons that the Demand on which Plaintiff bases its complaint was
served and for each reason please state all facts supporting Plaintiff’s
decision to terminate Defendant’s tenancy/occupancy.
- Did any person receive the Demand referred to in the complaint? If so, for
each copy of each notice, state the name of the person who received it, the
type of notice, how it was delivered, the identity of all documents
evidencing the notice and for each state the full legal name, address and
telephone number of each person who has the document.
- Did Defendant exercise a right to complain of unsafe, unsanitary or indecent
conditions to the landlord, the landlord’s agent, or a government agency
within 12 months of the filing of Plaintiff’s complaint? Please state such
complaints, their dates, times & person or agency complained to, nature of
Defendant’s complaint as well as any documented results.
- Is and/or could Plaintiff be liable for any actions taken by Nikki Corbin
and/or Diamond’s CBS, Inc. in connection with the rental property and
please state why or why not?
- For each person who occupies and/or rents and/or lets any part of the
Property state: their full legal name, address, telephone number and
birthdate, the inclusive dates of occupancy, a description of the portion of
the rental unit occupied/rented/let; the amount paid, the term which it was
paid and/or let, and the person to whom it was paid, the nature of the use for
the unit; the full legal name, address, and telephone number of the person
who authorized the occupancy.
- What bank accounts do Nikki Corbin, Diamond Corbin and/or Diamond’s
CBS, Inc. use to hold the Security Deposits and payments of Renters of
Rental Space/Rooming Units within/on the Real Property? Please also
include the bank(s), type of account(s), the dates and times of all deposits
into said accounts, the amounts and the dates and times of all withdrawals of
these accounts and their amounts.
- How often is an owner/operator of a Residential Rental Property in
Charlotte, Mecklenburg County, State of North Carolina, allowed to
withdraw renter’s payments deposited by said owner/operator and please site
the Local, State and/or Federal laws/statutes/codes/ordinances and reasons
such withdrawals are allowed.
- From whom did the Plaintiff purchase the property and on what date?
Please include all documents related to and relevant to the purchase of the
property including any and all purchase agreements, mortgages or deeds of
trust, documents recorded/registered in Mecklenburg County or documents
that should be so registered/recorded/evidenced in accordance with any and
all applicable Local, State, and/or Federal recordation and registration
laws/statutes/codes/ordinances.
- When Plaintiff purchased the Property, was there any encumbrance at the
time of sale and/or conveyance that would void or make voidable the
Grantor’s claim of Marketability of Title or the Plaintiff’s claim to the
Property? Please provide proof by documentary evidence in the form of an
abstract of title and/or other similar research and presentation of the chain of
title as it relates to the plaintiff’s claim to ownership in accordance with the
Marketability of Title Act of the North Carolina General Statutes as well as
any other applicable Title of the North Carolina General Statutes, stating
reason(s) & proof for answer.
- How long/often has DRN’s PROPERTIES, LLC rented a room or rooms at
the Property? Produce Relevant documents that show proof and evidence.
- Produce certified copies of all leases for rent or other agreements to let by
DRN’s PROPERTIES, LLC.
- What bank accounts does DRN’s PROPERTIES, LLC use to hold the
Security Deposits and payments of Renters of Rental Space/Rooming Units
within/on the Real Property? Please also include the bank(s), type of
account(s), the dates and times of all deposits into said accounts, the
amounts, dates & times of all withdrawals of these accounts & their
amounts.
- Please produce certified copies of any and all required tax filings State
and/or Federal for Nikki Corbin, DRN’s Properties, LLC & Diamond’s
CBS, Inc for the last 3 years starting from the date Plaintiff’s complaint was
filed in this matter going back. Please be sure to include certified copies of
required filings and payments made on behalf of your businesses in renting
rooms or any other properties, especially at 113 South Linwood Avenue
a.k.a. “the Property”.
 - Did either Plaintiff, Nikki Corbin, Diamond Corbin or Diamond’s CBS, Inc
in their renting of the Property follow the disclosure requirements of Chapter
93 of the General Statutes of North Carolina?
- Does the relief sought in your Complaint of the Defendant fall within the
jurisdiction of a Summary Ejectment/Evictions Proceeding? Along with
your response please state why or why not & if any other legal relationships
besides Landlord/Tenant exist between the Plaintiff & Defendant.

AFFIDAVIT OF SERVICE:

DEFENDANT’S FIRST SET OF INTERROGATORIES AND

FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS

TO PLAINTIFF & ALL RELEVANT PARTIES:

Submitted under case no. 20 CVS 7192

This 22nd day of July, 2020 under the Penalties of perjury and served upon:

Plaintiff’s Attorney: R. GREGORY TOMCHIN forthwith,

By: Kenneth Wayne Tolbert, Defendant

_________________________________