Amended Answer to Petition, 21 Aug 2018, 740 Biltmore Avenue Group v Lyda siblings, Superior Court, Buncombe County, NC. Document obtained by Asheville Watchdog, www.avlwatchdog.org
Amended Answer to Petition, 21 Aug 2018, 740 Biltmore Avenue Group v Lyda siblings, Superior Court, Buncombe County, NC. Document obtained by Asheville Watchdog, www.avlwatchdog.org
Amended Answer to Petition, 21 Aug 2018, 740 Biltmore Avenue Group v Lyda siblings, Superior Court, Buncombe County, NC. Document obtained by Asheville Watchdog, www.avlwatchdog.org
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE }
COUNTY OF BUNCOMBE SUPERIOR COURT DIVISION’
BEFORE THE CLERK
FILE NO: 18SP216 7813 AUG 21 AG SUL
740 BILTMORE AVENUE GROUP, LLC
a North Carolina limited liability company,
Petitioner,
vs. AMENDED ANSWER TO PETITION
JAMES E. LYDA and JANE DOE2,
WILLIAM M. LYDA and JANE DOE3,
CHARLES A. LYDA and JANE DOES,
JEREMY P. LYDA and JANE DOES,
SUSAN C. LYDA and JANE DOE,
BENJAMIN T. LYDA and JANE DOE6,
REGINA E. LYDA and JANE DOE2,
JONATHAN D. LYDA and JANE DOE7, )
ILE ADARAMOLA, GAL for unknown and)
Unnamed heirs, )
Respondents. ny
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ROBERT ALAN LYDA and JANE DOE}, )
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NOW COMES, Ile Adaramola, an attorney licensed to practice law in the State of North.
Carolina, Guardian ad Litem for the unknown and unnamed heirs of James Donald Hughey.
‘After diligently searching for said unknown and unnamed heirs and being unable to locate any
such heirs, the Guardian ad Litem Answers Petitioner's Petition as follows:
1. That due diligence and great efforts were made to locate the whereabouts of the
Respondent's, consisting of, internet search, White Pages search for recent phone
numbers, called family and friends, DMV search, Ancestry.com search, Buncombe
County Register of Deeds, Buncombe County Tax Office, Burke County Estate File,
Burke County Register of Deeds, and Burke County Tax Office.
2. The Guardian ad Litem admits the allegations contained in paragraph 1 of the Petition as
stated.
3, The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 2 of the Petition as stated.
4, The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 3 of the Petition as stated.5. The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 4 of the Petition as stated.
6. The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 5 of the Petition as stated.
7. The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 6 of the Petition as stated.
8. The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 7 of the Petition as stated.
9. The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 8 of the Petition as stated.
10. The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 9 of the Petition as stated.
11. The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 10 of the Petition as stated.
12. The Guardian ad Litem admits the allegations contained in paragraph 11 of the Petition as
stated.
13. The Guardian ad Litem admits the allegations contained in paragraph 12 of the Petition as
stated.
14, The Guardian ad Litem admits the allegations contained in paragraph 13 of the Petition as.
stated.
15. The Guardian ad Litem lacks sufficient information to respond to the allegations contained
in paragraph 14 of the Petition as stated.
16. The Guardian ad Litem admits the allegations contained in paragraph 15 of the Petition as
stated.
17. The Guardian ad Litem admits the allegations contained in paragraph 16 of the Petition as,
stated.
18. The Guardian ad Litem admits the allegations contained in paragraph 17 of the Petition in
part that Margie H. Johnson was the only heir of Roy David Cordell and denies that she is
a respondent to the Petition.
19. The Guardian ad Litem admits the allegations contained in paragraph 18 of the Petition as
stated.20. The Guardian ad Litem admits the allegations contained in paragraph 19 of the Petition as
stated.
21. The Guardian ad Litem denies the allegations contained in paragraph 20. James Donald
Hughey a/k/a Don Hughey died testate in Burke County, Estate file number 98 E 5.
22. The Guardian ad Litem admits the allegations contained in paragraph 21 of the Petition as
stated.
23. The Guardian ad Litem admits the allegations contained in paragraph 22 of the Petition as,
stated.
24. The Guardian ad Litem admits the allegations contained in paragraph 23 of the Petition as
stated.
25, The Guardian ad Litem admits the allegations contained in paragraph 24 in part and denies
the allegation that the Property is valued at Two Hundred Nineteen Thousand and Seven
Hundred Dollars and 00/00 cents ($219,700.00). The Buncombe County Tax Department
values the Property at Two Hundred Twenty Thousand and Six Hundred Dollars and 00/00
cents ($220,600.00).
26. The Guardian ad Litem admits the allegations contained in paragraph 25 of the Petition as
stated.
27. The Guardian ad Litem admits the allegations contained in paragraph 26 of the Petition as
stated.
28. The Guardian ad Litem admits the allegations contained in paragraph 27 of the Petition as
stated.
WHEREFORE, The Guardian ad Litem as Defendant, Prays the Court as follows:
1. That the interests of Unknown and unnamed heirs of James Donald Hughey be protected
to the extent of the law.
This is the /* day of August, 2018
Ile Adaramola
Guardian ad Litem
NC Bar No. 45172
‘The Adaramola Law Firm, PLLC
1 Oak Plaza, Suite 306
Asheville, NC 28801
P- 828-348-0189CERTIFICATE OF SERVICE
This is to certify that the undersigned has as of this date served the foregoing ANSWER
OF THE GUARDIAN AD LITEM FOR UKNOWN HEIRS in the above entitled action upon
all other parties to this cause by delivering a copy hereof to the parties or their attorneys of
record or by depositing in the United States Mail a copy of the same in a properly addressed
envelope with adequate postage, to the parties or parties’ attomeys in this action, as follows:
Peter R. Henry
Attorney for the Plaintiff
2133 Hendersonville Road
Arden, NC 28704
Respectfully submitted this | day of August, 2018,
Ile Adaramola
Guardian ad Litem
NC Bar No. 45172
‘The Adaramola Law Firm, PLLC
1 Oak Plaza, Suite 306
Asheville, NC 28801
P- 828-348-0189