IN THE MAGISTRATE COURT OF FULTON COUNTY STATE OF GEORGIA
LESHAWN MCCOY, : Plaintiff, : v. : Case no: DELICIA CORDON
and her minor children
, : 18ED078693 Defendants. :
MOTION TO QUASH SERVICE OF PROCESS ON MINOR CHILD, MOTION TO DISMISS DISPOSSESSORY AND ANSWER OF DEFENDANT
COME NOW, DELICIA CORDON and her minor children, Defendants in the above-styled action, and by and through their counsel of record, files this their Motion to Quash Service of Process on Minor Child, Motion to Dismiss Dispossessory and Answer of Defendant as follows: 1. Since October, 2016, Defendant CORDON and her minor children have lived with Plaintiff atAlpharetta, Fulton County, Georgia 30004. 2. Defendant and Plaintiff have been in a relationship for at least two (2) years. 3. On or about Memorial Day, May 28, 2018, Plaintiff was discussing marriage with Defendant CORDON. In fact, on May 29, 2018, Plaintiff gave Defendant CORDON a substantial gift. On May 30, 2018, Plaintiff left the State of Georgia to Buffalo, New York to attend OTA’s.
Plaintiff has remained out of the State of Georgia continuously since May 30, 2018, and has not returned. 4. On May 31, 2018, Defendant CORDON travelled out of state to attend her sister’s graduation in the State of Virginia. 5. On June 1, 2018, while Defendant CORDON was out of state, Plaintiff had some of his friends, family members, and laborers remove Defendant CORDON’s furniture and furnishings from the home without said Defendant’s knowledge.
Once Defendant CORDON saw this activity
Fulton County Magistrate Court
***E-FILED***CD
Date: 6/22/2018 1:05 PM
Cathelene Robinson, Clerk
18ED078693
taking place on security cameras at the home, which show live footage on Defendant CORDON’s cell phone, Defendant CORDON called the police. Plaintiff himself was out of state at the time. 6. The police halted the removal of Defendant CORDON’s furniture and furnishings from the home on June 1, 2018. Plaintiff also has the electricity turned off at the residence. 7. On June 11, 2018, based upon the Entry of Service filed in this case, a deputy sheriff or Marshall served this action upon Defendant CORDON’s minor child, a 16-year old boy, on or about June 11, 2018. Said service of process was improper and invalid as Defendant CORDON’s son is a minor child. Said service of process should be quashed. 8. The instant action was filed by Tamarcus Porter on behalf of the Plaintiff, who has remained out of the state of Georgia at all times relevant hereto. Mr. Porter is a layperson. Mr. Porter is not a licensed attorney in the State of Georgia or in any other state. Accordingly, the instant proceeding should be dismissed. 9. The petition in this action is completely falsified by Mr. Porter. Plaintiff has never asked Defendant CORDON and her minor children to leave the residence at any time relevant hereto. Defendant CORDON and her minor children have lived in the residence since October, 2016. The last time that the Defendant CORDON spoke to the Plaintiff was on the morning on June 1, 2018, when Plaintiff said that he was going to meet Defendant CORDON in Virginia to attend Defendant CORDON’s sister’s graduation.
10. This action should be dismissed in its entirety, which all costs cast against the Plaintiff. Defendant CORDON should be awarded attorney’s fees and expenses of litigation for having to file this Motion and Answer in an amount to be proven to the Court pursuant to O.C.G.A. § 9-15-14. WHEREFORE, Defendants pray that:
(a) The service of process in this proceeding on a minor child be quashed;
(b) This action be dismissed because it was filed by Tamarcus Porter, a layperson, who is neither the owner of the residence, nor an attorney on Plaintiff’s behalf;
(c) This action be dismissed because it contains false allegations;
(d) That Defendant CORDON be awarded attorney’s fees and expenses of litigation in an amount to be proven to the Court pursuant to O.C.G.A. § 9-15-14; and
(e) That Defendants have such other and further relief as this Honorable Court deems just and appropriate. This 22nd
day of June, 2018. THE LAW OFFICE OF TANYA MITCHELL GRAHAM, P.C.
Attorneys for Defendants
_________________________________ Tanya Mitchell Graham, Esquire