FILED STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE 118 APR - SUPERIOR COURT DIVISION COUNTY OF BUNCOMBE, a-2 A BeroRe THE CLERK BuNCOE 18SP0216 740 BILTMORE AVENUE GROUBLLC \ a North Carolina limited liability company, Petitioner, v. PETITION TO PARTITION ) »} ) ) ROBERT ALAN LYDA and JANEDOE1, —_) JAMES E. LYDA and JANE DOE2, ) WILLIAM M. LYDA and JANE DOE3, ) CHARLES A. LYDA and JANE DOE4, ) JEREMY P. LYDA and JANE DOES, ) SUSAN C. LYDA and JOHN DOE1, ) BENJAMIN T. LYDA and JANE DOE6, i) REGINA E. LYDA and JOHN DOE2, i) JONATHAN D. LYDA and JANEDOE7, —_) ILB ADARAMOLA, GAL for unknown and) unnamed heirs, ) Respondent: Now comes Petitioner, 740 Biltmore Avenue Group, LLC pursuant to N.C.G.S. § 46-1 et sseq., by and through counsel and respectfully prays the Court as follows: 1. Petitioner, 740 Biltmore Avenue Group, LLC, is a corporation existing under and by virtue of the laws of the State of North Carolina, with its principal place of business in Buncombe County. 2. Upon information and belief, Robert Alan Lyda, and Jane Doel, representing any wife of Robert Alan Lyda, is a citizen and resident of the State of North Carolina, County of Burke, 3. Upon information and belief, James E. Lyda, and Jane Doe2, representing any wife of James E. Lyda, is a citizen and resident of the State of North Carolina, County of Burke, 4. Upon information and belief, William M. Lyda, and Jane Doe3, representing any wife of William M. Lyda, is a citizen and resident of the State of North Carolina, County of Burke. 5. Upon information and belief, Charles A. Lyda, and Jane Doed, representing any wife of Charles A. Lyda, is a citizen and resident of the State of North Carolina, County of Burke.6. Upon information and belief, Jeremy P, Lyda, and Jane Does, representing any wife of Jeremy P. Lyda, is a citizen and resident of the State of North Carolina, County of Burke. 7. Upon information and belief, Susan C. Lyda, and John Doel, representing any husband of Susan C. Lyda, is a citizen and resident of the State of North Carolina, County of Burke, 8. Upon information and belief, Benjamin T., and Jane Doe6, representing any wife of Benjamin T. Lyda, is a citizen and resident of the State of North Carolina, County of Burke, 9. Upon information and belief, Regina E. Lyda, and John Doe2, representing any husband of Regina E. Lyda, is a citizen and resident of the State of North Carolina, County of Burke. 10. Upon information and belief; Jonathan D, Lyda, and Jane Doe?, representing any wife of Jonathan D. Lyda, is a citizen and resident of the State of North Carolina, County of Burke. 11, Upon information and belief, Respondents are all of the grandchildren, and heirs at law of James Donald Hughey, deceased. 12. Te Adaramola, is an attomey, licensed to practice law in the State of North Carolina, and is named herein solely as the Guardian ad Litem for unknown and unnamed heirs, if any. 13. Plaintiff, 740 Biltmore Avenue Group, LLC, acquired an interest in a certain parcel of land containing approximately 9.75 acres located on Upper Grassy Branch Road Asheville, North Carolina, and as shown in that deed to Petitioner from Parkway Vistas, Inc., recorded in Book 5522 at Page 343 of the Buncombe County Registry, which deed is incorporated herein by reference, 14, It now appears that 740 Biltmore Avenue Group, LLC, acquired a 77.5% interest in the 9.75 acre parcel located on Upper Grassy Branch Road Asheville, North Carolina, hereinafter, “The Property”. 15. On or about May 1, 1990, Margie Johnston, Hazel McNeill along with David Cordell and Don Hughey acquired The Property, as shown in that deed recorded May 1, 1990 in Deed Book 1604 at Page 755, Buncombe County Registry. Each of the four (4) persons named above acquired a one-quarter (1/4) interest in said property. 16. Upon information and belief, David Cordell, a/k/a Roy David Cordell, died on or about July 12, 2014 in Buncombe County. His estate was administered in Buncombe County Estate file 14 E 1205. 17. The only heir of Roy David Cordell was his mother, Margie H. Johnson, respondent herein,18. The 50% interest of Margie H. Johnson, unmarried, was acquired by Parkway Vistas, Inc., for valuable consideration, by that deed dated January 26, 2017 and recorded in Book 5522 at Page 340 of the Buncombe County Registry. 19, The 25% interest of Hazel McNeill Canon, unremarried widow, was acquired by Parkway Vistas, Inc., for valuable consideration, by that deed dated January 26, 2017 and recorded in Book 5522 at Page 337 of the Buncombe County Registry. 20. Upon information and belief, Don Hughey died on or about January 4, 1998, intestate in Catawba County, North Carolina. 21. Based upon her representation, Petitioner believed that, the only heir of Don Hughey was his daughter, Carolyn Hughey Lyda. 22. On or about December 12, 2016, Petitioner, 740 Biltmore Avenue Group, LLC, for valuable consideration, acquired, by deed, the interest of Don Hughey, through his daughter, Carolyn Hughey Lyda, in The Property, by that deed recorded in Book 5502 at Page 142 of the Buncombe County Registry. 23. Itnow appears that there were additional heirs of Don Hughey, to wit: Respondents. 24. The Property consists of approximately nine and three quarters (9.75) acres and a house. The Buncombe County Tax Department has valued The Property at Two Hundred Nineteen Thousand Seven Hundred Dollars ($219,700.00). 25. Petitioner now wishes to hold its interest in The Property in severalty, but that the nature and size of The Property is such that an actual partition cannot be made without destroying the value of said lot. 26. Pursuant to N.C.G.S. § 46-2.1(b), Respondents are hereby notified that Respondents have the right to seek legal advice, and that free legal services may be available through Legal Aid of North Carolina, or Pisgah Legal Services. 27. Further pursuant to N.C.G.S. § 46-2.1(b), Respondents hereby notified that, pursuant to N.C.G.S. § 6-21, the Court has the authority, in its discretion, to order reasonable attorney’s fees to be paid as part of the cost of this proceeding. WHEREFORR, Petitioner respactfilly praya the Court as fallawe: 1. That the Court Order the partition of the real property owned by Petitioner and Respondents consisting of approximately nine and three quarters (9.75) acres, and located on Upper Grassy Branch Road. That such partition be by sale, rather than a physical partition in that a physical partition would destroy the value of The Property.3. For such other relief as the Court may deem just and proper. This the_Z2> day of March, 2018. State Bar # 22866 2133 Hendersonville Road Arden, N.C. 28704 (828) 254-3223 pete@thehenrylawfirm.netVERIFICATION 1, Robert P. Tucker, I, member/ manager of 740 Biltmore Avenue Group, LLC, the undersigned, being first duly swom do depose and says as follows: I have read the preceding Petition to Partition, and know and understand the contents thereof. All of the information presented in the preceding Complaint is true of my own knowledge, except for those items which are stated upon information and belief, which I items, I believe to be true, Thisthe 29 day of March, 2018. 740 Biltmore Avenue Group, LLC oe Robert P. Tucker, IT STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE L Lee K Hens a Notary Public of the State and County aforesaid do hereby acknowledge that Robert P. Tucker, Il, appeared before me this 23 day of March, 2018, in his capacity as member / manager of 740 Biltmore Avenue Group, LLC, and after presenting satisfactory evidence of his identity, voluntarily executed the foregoing instrument for the purposes stajed therein and as the act and deed of 740 Biltmore Avenue Group, LLC. Notafy Public My Commission Expires:_7-/-2Z”/§,