Judgment by Default, 740 Biltmore Avenue Group v Lyda siblings, 27 Nov 2017, Superior Court, Buncombe County, NC. Document obtained by Asheville Watchdog, www.avlwatchdog.org
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Default Judgment
Judgment by Default, 740 Biltmore Avenue Group v Lyda siblings, 27 Nov 2017, Superior Court, Buncombe County, NC. Document obtained by Asheville Watchdog, www.avlwatchdog.org
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Download as PDF or read online on Scribd
Findings of Fact
Judgment
wey
STATE OF NORTH CAROLINA s"IN-EHE GENERAL COURT OF JUSTICE
“SUPERIOR COURT DIVISION
COUNTY OF BUNCOMBE orig ns 17. CV 4070
Da 2 a
740 BILTMORE AVENUE GROUP; LLC. )
a North Carolina limited liability coi
Plaintiff, 2
JUDGMENT
BY DEFAULT
vs.
)
)
ROBERT ALAN LYDA and JANE DOE], )
JAMES E. LYDA and JANE DOE2, )
WILLIAM M. LYDA and JANE DOE3, —)
CHARLES A: LYDA and JANEDOF4, —)
JEREMY P. LYDA and JANEDOES, —)
SUSAN C. LYDA and JOHN DOEL, )
BENJAMIN T. LYDA and JANE DOE6, —)
REGINA E. LYDA and JOHN DOE2,
JONATHAN D. LYDA and JANE DOE7, )
‘Defendant )
This matter coming on to be heard, and being heard at the November 27, 2017
session of Superior Court in Buncombe County, North Carolina upon the Motion of
Plaintiff for Judgment by Default against all Defendants.
‘The Court hereby finds the following FACTS:
1. Plaintiff commenced this action by filing a verified complaint against
Defendants on August 30, 2017, civil summons were issued for each Defendant on that
date.
2. All Defendants were served by publication in the Morganton News Herald, a
paper of general circulation in Burke County, North Carolina, with publication on
September 6, 2017, September 13, 2017 and September 20, 2017, with a response
required by October 17, 2017.
3. Plaintiff filed a Motion for Entry of Default against Defendants on November
17, 2017, as no Defendant had answered Plaintiff's complaint or otherwise appeared in
any way.
4, An Entry of Default was made against all Defendants on November 16, 2017.
5. As of the filing of this Motion, Defendants have not filed an answer, or made
any appearance. 6
military.
No Defendant is an infant, incompetent, or serving in the United States
7. Pursuant to N.C.G.S. § 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.
‘Based upon the foregoing Facts, the Court concludes as a Matter of Law:
1. Plaintiff is entitled to the relief sought in Plaintiff's Complaint, to wit: a
judgment quieting title to an approximately 10 acre parcel located on Upper Grassy
Branch Road, and as more particularly described in Book 5522 at Page 343 In Plaintiff,
740 Biltmore Avenue Group, LLC, and further for a declaratory judgment that 740
Biltmore Avenue Group, LLC is the sole owner, in fee simple of the approximately 10
acre parcel located on Upper Grassy Branch Road, and as more particularly deseribed in
Book 5522 at Page 343.
Based upon the foregoing Findings of Fact and Conclusions of Law the Court
‘hereby enters a judgment for Plaintiff as follows:
1, It is hereby adjudged and decreed that Plaintiff is the owner, in fee simple of
the approximately 10 acres located on Upper Grassy Branch Road, and being more
particularly described in that deed recorded in Book 5522 at Page 343 of the Buncombe
County Registry in fee simple.
2, Pursuant to N.C.G.S. § 41-10, et seq., title to the approximately 10 acres
located on Upper Grassy Branch Road, and being more particularly described in that deed
recorded in Book 5522 at Page 343 of the Buncombe County Registry is hereby quieted
in Plaintiff.
3. The Court hereby declares and decrees that pursuant to N.C.G.S. § 31-39(c),
Parkway Vistas, Inc., as « 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.
4, That pursuant to [Link]. § 1-253, et seg., 740 Biltmore Avenue Group, LLC
is the sole owner of the approximately 10 weres located on Upper Grassy Branch Read in
fee simple.
this the 27
lay of November, 2017.
a
