STATE OF NORTH CAROLINA!) 13 2 GN THE;GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF BUNCOMBE . 17CV 04070 740 BILTMORE AVENUE GROU! Lic, a North Carolina limited liability company, ) Plaintiff, COMPLAINT vs. Quiet Title Declaratory Action ROBERT ALAN LYDA and JANE DOEI, 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, REGINA E. LYDA and JOHN DOE2, JONATHAN D. LYDA and JANE DOE?, Defendants. Now comes Plaintiff, 740 Biltmore Avenue Group, LLC and complains of Defendants as follows: 1. Plaintiff, 740 Biltmore Avenue Group, LLC, is a limited liability company existing under and by virtue of the laws of the State of North Carolina, with its principle place of business in Buncombe County, North Carolina. 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. Upon information and belief, William M. Lyda, and Jane Doe3, representing any wife m M, Lyda, is a citizen and resident of the State of North Carolina, County of Burke, of Wi 5. Upon information and belief, Charles A. Lyda, and Jane Doeé, 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, ; Susan C. Lyda, and John Doel, representing any 7. Upon information and bi sn and resident of the State of North Carolina, County of husband of Susan C. Lyda, is aci 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 Doe7, representing any wife of Jonathan D. Lyda, is a citizen and resident of the State of North Carolina, County of Burke. 11, All defendants are the grandchildren, and heirs at law of James Donald Hughey, deceased. 12, Plaintiff, 740 Biltmore Avenue Group, LLC, is the owner of a certain parcel of land containing approximately 10.5 acres located on Upper Grassy Branch Road Asheville, North Carolina, and as shown in that deed to Plaintiff recorded in Book 5522 at Page 343 of the Buncombe County Registry, which deed is incorporated herein by reference. 13. Plaintiff acquired the Upper Grassy Branch Road property through that deed from Parkway Vistas, Inc., dated February 17, 2017 and recorded in Book 5522 at Page 343, which deed is incorporated herein by reference. 14, Parkway Vistas, Inc. acquired the Upper Grassy Branch Road property as follows: A. Deed from Carolyn Hughey Lyda, unremarried widow, dated December 12, 2016 and recorded in Book 5502 at Page 142 of the Buncombe County Registry, a 25% interest. B. Deed from Hazel McNeill Canon, unremarried widow, dated January 26, 2017 and recorded in Book 5522 at Page 337 of the Buncombe County Registry, a 25% interest, C. Deed from Margie H. Johnston, unmarried, dated January 26, 2017 and recorded in Book 5522 at Page 340 of the Buncombe County Registry, a 50% interest. i. Margie H. Johnston acquired a 25% interest from the Estate of David Cordell, Buncombe County Estate file, 14 E 1205. 15. David Cordell, Margie H. Johnston, Hazel McNeill Canon and Don Hughey, each acquired a 25% interest in the Upper Grassy Branch Road property by that deed from Nadine D. Hutchinson, individually, and as the Executrix of the Estate of Ralph Bunyon Deweese, Buncombe County Estate file 89 E 381, dated May 1, 1990 and recorded in Deed Book 1604 at Page 755 of the Buncombe County Registry.16, The will of Ralph Bunyon Deweese bequeathed the Upper Grassy Branch Road property to Nadine D. Hutchinson, David Cordell, Margie H. Johnson, Hazel McNeill Canon and Don Hughey. 17, Ralph Bunyon Deweese acquired the Upper Grassy Branch Road property by virtue of that deed from R.B, Deweese and wife, Nellie Allison Deweese to R.B. Deweese and wife, Nellie Allison Deweese, dated May 24, 1961 and recorded in Deed Book 846 at Page 705 of the Buncombe County Registry. The purpose of such deed was to create a tenancy by the entireties. 18. The deed that Parkway Vistas, Inc, acquired from Carolyn Hughey Lyda contains the following statement, “Grantor is only conveying her 25 percent interest which she inherited as the only heir of Don Hughey, her father who died intestate.” 19. In good faith, Parkway Vistas, Inc. relied upon the statement of Carolyn Hughey ‘Lyda and purchased her 25% interest in the Upper Grassy Branch Road property for Five ‘Thousand Dollars ($5,000.00). 20. Upon information and belief, Don Hughey’s real name was James Donald Hughey. 21. Upon information and belief, James Donald Hughey died in Burke County, North Carolina in 1998, as shown in Burke County Estate file 98 E 5. 22. According Article IV to the Last Will and Testament of James Donald Hughey, the residuary of the estate, including the Upper Grassy Branch Road property was bequeathed to Carolyn Hughey Lyda, and Defendants. 23, At the time of the purchase of the Upper Grassy Branch Road property by Parkway Vistas, Inc., and up to the filing of this action, the Last Will and Testament of James Donald Hughey, had not been probated or recorded in Buncombe County. 24, Upon information and beliof, Carolyn Hughey Lyda was the only child of James Donald Hughey. 25. Pursuant to N.C.G.S. § 31-39(c), Parkway Vistas, Inc., as a good faith purchaser for valuable consideration took title from Carolyn Hughey Lyda, as if she were the intestate heir of James Donald Hughey. 26. 740 Biltmore Avenue Group, LLC, has filed this action solely for the purposes of quieting the title to the Upper Grassy Branch Road property. FIRST CLAIM FOR RELIEF Quiet Title 27. The allegations set forth in paragraphs 1 — 26 are hereby realleged as if fully set forth herein,28. Pursuant to N.C.GS. § 41-10, 740 Biltmore Avenue Group, LLC can establish a chain of ttle to the Upper Grassy Branch Road property from at least May 24, 1961. 29. Defendants herein, pursuant to the Will of James Donald Hughey, appear to have an interest in the Upper Grassy Branch Road property. 30. As a good faith purchaser for value of the Upper Grassy Branch Road property, Parkway Vistas, Inc. was entitled to rely upon the protection set forth in N.C.GS. § 31-39(C). 31. 740 Biltmore Avenue Group, LLC, acquire all interests of Parkway Vistas, Inc. including the protection of N.C.GS.§ 31-39(¢) through the North Carolina General Warranty Deed from Parkway Vistas, Inc., dated February 17, 2017 and recorded in Book 5522 at Page 343 of the Buncombe County Registry. ‘SECOND CLAIM FOR RELIEF Declaratory Judgment 32. The allegations set forth in paragraphs 1-31 are hereby realleged as if fully set forth herein, 33. Pursuant to N.C.G.S. § 1-253, ef seg., 740 Biltmore Avenue Group, LLC secks a declaratory judgment that pursuant to that deed from Parkway Vistas, Ine. recorded in Book 5522 at Page 343 of the Buncombe County Registry, that itis the sole owner of the Upper Grassy Branch Road property described in such deed 34. An actual controversy exists in that Defendants are the heirs of James Donald Hughey, who owned a 25% interest in the Upper Grassy Branch Road property. 35. Neither 740 Biltmore Avenue Group, LLC, nor Parkway Vistas, Inc. was aware that an estate had been opened and probated in Burke County, North Carolina for James Donald Hughey. 36. Pursuant to N.C.GS. § 31-39(c), Parkway Vistas, Inc., as a purchaser for value, without knowledge, acquired good title to the Upper Grassy Branch Road property in that deed from Carolyn Hughey Lyda recorded in Book 5502 at Page 142 of the Buncombe County Registry. 37. 740 Biltmore Avenue Group, LLC seeks a declaration that it is the sole owner of the Upper Grassy Branch Road property. WHEREFORE, Plaintiff respectfully prays the Court as follows: 1. For a judgment quieting the ttle to the Upper Grassy Branch Road property, as described in Book 5522 at Page 343 in 740 Biltmore Avenue Group, LLC. 2. Fora judgment dectaring that 740 Biltmore Avenue Group, LLC is the sole owner of the Upper Grassy Branch Road property, as described in Book 5522 at Page 343.3. For such other relief as the Court may deem just and proper. This the 76-day of August, 2017. A. Peter R. Henry Attorney for Plaintiff State Bar # 22866 2133 Hendersonville Rd. Arden, N.C, 28704 (828) 254-3223 (888) 440-0742 fax pete@thehenrylawfirm.netVERIFICATION 1, Robert P, Tucker, Il, the undersigned, in my capacity as member/manager for 740 Biltmore Avenue Group, LLC, being first duly sworn do depose and says as follows: Thave read the preceding COMPLAINT, 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 1 items, I believe to be true, ‘This the _ZZ5™ day of August, 2017. Robert P. Tucker, IT STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE. 1 & Le, a Notary Public of the State and County aforesaid do hereby acknowledge that Robert P. Tucker, If, in his capacity as member/manger for 740 Biltmore Avenue Group, LLC, appeared before me this 25" day of August, 2017, and after presenting satisfactory evidence of his identity, voluntarily executed the foregoing instrument for she-purpgses stated therein. Nolary Public, My Commission Expires: (O-/9-ZOl F