STATE OF
NORTH CAROLINA
COUNTY OF
HENDERSON
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION
Oak Crest Estates MHP LLC,
Plaintiff,
vs.
The Estate of James Ball; Heirs-at-Law of James Ball; unknown Heirs-at-Law or Devisees of James Ball, Deceased; their Heirs, Personal Representatives, Administrators, Successors, and Assigns, and all other persons entitled to claim through them; The Estate of Lee McKee; Heirs-at-Law of Lee McKee; unknown Heirs-at-Law or Devisees of Lee McKee, Deceased; their Heirs, Personal Representatives, Administrators, Successors, and Assigns, and all other persons entitled to claim through them; all unknown owners, unknown heirs or unknown devisees of any deceased person, or by any such designation; all unknown persons with any right, title or interest in the property described herein, being a class designated at Jane Doe; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a Disability being a class designated as Richard Roe;
Defendants. 24-CVD-878
AMENDED SUMMONS
TO THE DEFENDANT(S) ABOVE-NAMED: YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your Answer to said Complaint on the person whose names are subscribed below at One North Main Street, 2nd Floor, Greenville, South Carolina 29601, within thirty (30) days after the service hereof, exclusive of the day of such service. Your Answer must be in writing and signed by you or your attorney and must state your address or the address of your attorney, if signed by your attorney. If you fail to answer the Complaint within the time aforesaid, the Plaintiff in this action will apply to the Court for judgment by default for the relief demanded in the Complaint.
NOTICE OF FILING
OF COMPLAINT
NOTICE IS HEREBY GIVEN that the Complaint in the above-captioned action was filed in the Henderson County Clerk of Court’s Office on May 13, 2024, and the Amended Complaint was filed in the Henderson County Clerk of Court’s Office on July 23, 2024. Copies of the Complaint and Amended Complaint are available for review and inspection by all interested persons. Respectfully submitted.
NOTICE OF ORDER
APPOINTING
GUARDIAN AD LITEM NISI
PLEASE TAKE NOTICE that there has been filed in the Office of the Clerk of Court for Hendersonville County an Order Appointing Athena F. Brooks, Esq., whose address is 285 E. Allen Street, Hendersonville, North Carolina 28792, as Guardian Ad Litem Nisi. This appointment becomes absolute thirty (30) days after the service of the Notice and publication of the Amended Summons herein, unless you or someone on your behalf shall, before the expiration of the thirty (30) days after the service hereof, procure to be appointed for you a Guardian Ad Litem to represent your interests in this action. s/ William C. McKinney William C. McKinney, N.C. ID No.: 46254 Email: wmckinney@hsblawfirm.com Alexandra C. Glunt, N.C. ID No.: 60709 Email: aglunt@hsblawfirm.com William D. Smith, N.C. ID No.: 61488 Email: wsmith@hsblawfirm.com HAYNSWORTH SINKLER BOYD, P.A. One North Main Street, 2nd Floor (29601) Post Office Box 2048 Greenville, SC 29602 (864) 240-3200 (864) 240-3300
ORDER APPOINTING GUARDIAN AD LITEM NISI AND ORDER FOR SERVICE BY
PUBLICATION
This matter comes before the Court on Oak Crest’s Motion to Appoint Guardian Ad Litem Nisi and for an Order for Service by Publication, through which Oak Crest seeks to appoint Athena F. Brooks, Esq. as Guardian Ad Litem Nisi for the Defendants all unknown owners, unknown heirs or unknown devisees of any deceased person, or by any such designation; all unknown persons with any right, title or interest in the real estate described herein, being a class designated at Jane Doe; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a Disability being a class designated as Richard Roe (collectively the “Unknown and Doe Defendants”). It appearing that some or all of the Unknown and Doe Defendants are or may be residents or non-residents of the State of North Carolina, minors, incompetent, imprisoned, under legal disability, or in the military service, and that the Unknown and Doe Defendants are unknown to Oak Crest and cannot with reasonable diligence be located or their whereabouts ascertained; It further appearing that Athena F. Brooks, Esq. is a suitable and competent person to understand and protect all rights and interests of the Unknown and Doe Defendants, and that Athena F. Brooks, Esq. has no interest adverse to the interests of the Unknown and Doe Defendants and is not connected in business with Oak Crest or its counsel;
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, and DECREED as follows:
1. Athena F. Brooks, Esq. is hereby appointed Guardian Ad Litem Nisi on behalf of the Unknown and Doe Defendants, the same being fictitious names used for the true names of all unknown persons, claiming any right, title, estate, interest in or lien upon the Mobile Home, their heirs and assigns; all other persons, firms, or corporations entitled to claim under, by, or through any of the defendants; and all other persons or entities unknown claiming any right, title, interest, estate in, or lien upon, the Mobile Home, some or all of whom are or may be residents or non-residents of the State of North Carolina, minors, incompetent, imprisoned, under legal disability, or in the military service.
2. Athena F. Brooks, Esq. is empowered and directed to appear on behalf of and to represent the Unknown and Doe Defendants, unless any one of them, or someone on behalf of any one of them, shall, within thirty (30) days after service of a copy hereof as directed, procure the appointment of a Guardian Ad Litem.
3. A copy of this Order shall be served upon the Unknown and Doe Defendants by publication in the Hendersonville Lightning, a newspaper of general circulation published in Henderson County, North Carolina, once a week for three consecutive weeks, together with the Amended Summons, Notice of Filing Complaint, and Notice of Order Appointing Guardian Ad Litem in this action. s/ William C. McKinney William C. McKinney, N.C. ID No.: 46254 Email: wmckinney@hsblawfirm.com Alexandra C. Glunt, N.C. ID No.: 60709 Email: aglunt@hsblawfirm.com William D. Smith, N.C. ID No.: 61488 Email: wsmith@hsblawfirm.com HAYNSWORTH SINKLER BOYD, P.A. One North Main Street, 2nd Floor (29601) Post Office Box 2048 Greenville, SC 29602 (864) 240-3200 (864) 240-3300 February 19, 2025.

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