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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
PARK PLACE COMMUNITY
ASSOCIATION, INC.,
Plaintiff,
Vv. CIVIL ACTION
FILE NO. 20CV4709
CHERRY MURRAY, JUDGE STACEY K HYDRICK
Defendant.
AFFIDAVIT OF DEFAULT ON CONSENT ORDER
AND REQUEST FOR JUDGMENT AND FLFA,
Personally appeared before me, the undersigned notary public, duly authorized by law to
administer oaths in the State of Georgia, came Darrelyn S. Hughes, who, after being duly sworn,
states on oath as follows:
Ts
1, Darrelyn S. Hughes, am above the age of twenty-one years, am competent to testify as to
the statements contained herein, and make these statements based upon my personal knowledge. I
authorize the use of this affidavit for all purposes allowed by Georgia law.
2
Tam an attorney duly authorized and licensed to practice law in the State of Georgia. I am
an associate attorney with Lueder, Larkin & Hunter, LLC, 5900 Windward Parkway, Suite 390,
Alpharetta, Georgia 30005, the attorneys for the Plaintiff in the above-referenced litigation.The parties entered into an ag: cnt to resolve this case under which Defendant was to
make certain payments to Plaintiff. The terms of the payment plan and terms of default were
included in a Consent Order that was filed with this Court on December 23, 2020, a true and
correct copy of which is attached hereto as Exhibit “A.”
Defendant has defaulted on the payments required to be made under the Consent Order.
5.
As provided in Paragraph 8 of the Consent Order, in the event Defendant fails to make any
of the payments specified therein, Defendant agreed, consented and stipulated that the amounts
owed pursuant to the Consent Order and upon which this Court may enter judgment shall also
include assessments and interest accrued from the date of entry of the Consent Order, and
reasonable attorney's fees actually incurred by Plaintiff, including, but not limited to, the cost
incurred in Plaintiffs effort to collect the sums due pursuant to the Consent Order, to prepare the
Affidavit, and to prepare the proposed Final Order, as established by this A ffidavit.
6.
In accordance with the Consent Order, the Plaintiff, through the Affiant, hereby requests
that the Court enter a Judgment against Defendant and issue a fi.fa. including (a) the Claimed
Amount, plus (b) principal amounts that became due after the entry of the Consent Order, (c) pre-
judgment interest plus (d) reasonable attorney fees actually incurred through February 7, 2023 less
any payments made by the Defendant pursuant to the Consent Order as follows:
ments January 1, 2018 to January 1, 2023: $3,300.00
S: $75.00
: $258.30
Attorney’s Fees: $5,550.00Costs: : $1,449.01
Payments: ($6,029.73)
Fora: — $4,602.58
aan [$4,602.58 ]
I have read the foregoing and it is true and correct and may be used for any and all
purposes allowed by Georgia law.
FURTHER AFFIANT SAYETH NOT.
Respectfully submitted,
LUEDER, LARKIN & HUNTER, LLC
L Pandy. 5. |ughes
Darrelyn S. Hughes
Georgia Bar No. 768064
Attorneys for Plaintiff
5900 Windward Parkway, Suite 390
Alpharetta, Georgia 30005
(770)-685-7000
486-1601-13
Notary PublicCERTIFICATE OF SERVICE
1 do hereby certify that a true and correct copy of the foregoing has been served upon the
opposing party by mailing a copy of same to the opposing party by depositing same in the United
States mail ina properly addressed envelope with adequate postage affixed as follows:
This’, Ystday of February, 2023
Cherry Murray
856 N. Paulina Street, Unit 3
Chicago, Illinois 60622
Respectfully submitted,
LUEDER, LARKIN & HUNTER, LLC
2am 5. |tughes
Darrelyn S. Hughes
Georgia Bar No. 768064
Attorneys for Plaintiff
$900 Windward Parkway, Suite 390
Alpharetta, Georgia 30005
(770)-685-7000
186-1601-13FILED 12/23/2020 12:02 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA
IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
(>a tt ihe
PARK PLACE COMMUNITY |
ASSOCIATION, INC.,
Plaintiff, |
|
|
. | CIVIL ACTION
| FILE NO. 20CV4709
CHERRY MURRAY, | JUDGE STACEY K HYDRICK
Defendant. |
CONSENT ORDER
THIS COURT, finds that the Plaintiffand Defendant have reached an agreement to resolve
their dispute as follows:
WHEREAS, Plaintiff and Defendant have agreed that the personal obligation and lien in
favor of the Plaintiff are itemized as follows:
[Assessments January 1, 2018 to January 1, 2020: $1,500.00
Late Fees: _ | $75.00
| $181.23
$5,095.00
$1,449.01
$8,300.24
[$12,470.51 d
WHEREAS, Plaintiff and Defendant have agreed to repayment terms and remedies of
Plaintiff in the event Defendant fails to comply with said terms:
IT 1S THEREFORE ORDERED AND ADJUDGED that Defendant shall pay to Plaintiff
the sum representing the past due assessments and other charges as set forth below, and further
shall pay to Plaintiff all duly assessed association assessments as more fully provided herein.1
Defendant shall pay to Plaintiff the sum of $12,470.51 (“Claimed Amount”), which
represents the personal obligation and lien in favor of the Plaintiff through December 15, 2020.
>
That Plaintiff agrees to accept and Defendant agrees to pay such principal in onetime
payment of $3,500.00 due by December 30, 2020. Then monthly installments of $300.00 until
balance set forth above is paid in full. Payments shall become due on the 20th of every month
starting January 2021,
If payments are mailed, Defendant shall allow sufficient time for receipt of the payments
by the dates specified herein. ALL. PAYMENTS MUST BE RECEIVED WITHIN FIVE (5)
DAYS OF THE DATES SET FORTH ABOVE. LATE PAYMENT SHALL CONSTITUTE
DEFAULT. Payments received may be applied to costs, attorney's fees, interest and principal in
any order Plaintiff chooses.
3)
Defendant shall also pay all duly assessed association assessments, including, but not
limited to, any annual, monthly, specific, or special assessment, if any, that may become due and
payable to the Plaintiff for so long as Defendant owns the property located at 2043 Manhattan
Parkway, Decatur, Georgia 30035 (hereinafter the “Subject Property”). These payments shall be
in addition to the amounts set forth above. Defendant shall also pay all late fees, interest, costs of
collection and reasonable attomeys’ fees actually incurred which may accrue on any payment
under this Paragraph.4.
Should Defendant convey or otherwise transfer ownership interest in the Subject Property,
the entire remaining amount duc shal! become immediately duc and payable at the time of such
conveyance or transfer,
3:
Each payment by Defendant shall be paid by certified funds, money order, or other
payment form as may be approved by Plaintiff in writing. Each remittance shall be payable to
Park Place Community Association, Inc. and shal! be tendered by the above monthly due dates to
he following address (or to such other agent or address as designated by Plaintiff in writing to
Yetendant):
Park Place Community Association, Inc
c/o Lueder, Larkin & Hunter, LLC
Attn: Denise C. Milner
5900 Windward Parkway, Suite 390
Alpharetta, Georgia 30005
6.
Upon full payment of the amounts set forth herein, Plaintiff shall dismiss this suit.
Vs
In the event Defendant fails to make any payment when due, including any late fees,
interest, costs of collection, or reasonable atlorney fees actually incurred, Plaintiff shall inform this
Court of the default by presenting an affidavit, signed by an agent of Plaintiff or Plaintiff's attomey
stating that the Defendant has defaulted under the terms hereof and setting forth the outstanding
sums due, including any additional sums which may have become due under Paragraph 3, above,
and Paragraph 8, below (hereinafter referred to as the “Affidavit”). The Affidavit shall include a
certificate of service stating that a copy has been sent to the Defendant by regular mail. On or afteren (10) days from the date of the certificate of serv ice, the Court shall enter a judgment for the
{otal amount due, without a hearing before the Court, and the Clerk shall be directed to issue a
Writ of Fieri Facias for the outstandi:
In the event Defendant fails to make any of the payments specified herein, Defendant
hereby agrees, consents and stipulates that the amounts owed pursuant to this Consent Order and
upon which this Court may enter judgment shail also include the Claimed Amount, past due
assessments, accelerated assessments through the end of the year in which judgment is entered,
interest accrued from the date of entry of the Consent Order, and reasonable attomey’s fees actually
neurred by Plaintiff, including, but not limited to, the cost incurred in Plaintiff's effort to collect
the sums due hereunder, to prepare the Affidavit, and to prepare the Proposed Final Order, as
established by the Affidavit. In the event Deferdant fails to make any of the payments specified
herein, Defendant further agrees tha! the Court shall enter an Order permitting judicial foreclosure
of the Association lien.
The parties hereto agree, consent and stipulate that any acceptance by Plaintiff of a late
payment under this Consent Order shall not cons'itute a waiver of the Plaintiff's right to obtain its
judgment as referenced above, and the Plaintiff hereby expressly reserves any and all of the rights
to which it is entitled hereunder.
10.
By signing this agreement, Defendant waive ony and all Defenses and Counterclaims that
were raised or could have been waived prior to the date of this agreement. Pursuant to Georgia
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IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA PARK PLACE COMMUNITY ASSOCIATION, INC., Plaintiff, Vv. CIVIL ACTION FILE NO. 20CV4709 CHERRY MURRAY, JUDGE STACEY K HYDRICK Defendant. AFFIDAVIT OF DEFAULT ON CONSENT ORDER AND REQUEST FOR JUDGMENT AND FLFA, Personally appeared before me, the undersigned notary public, duly authorized by law to administer oaths in the State of Georgia, came Darrelyn S. Hughes, who, after being duly sworn, states on oath as follows: Ts 1, Darrelyn S. Hughes, am above the age of twenty-one years, am competent to testify as to the statements contained herein, and make these statements based upon my personal knowledge. I authorize the use of this affidavit for all purposes allowed by Georgia law. 2 Tam an attorney duly authorized and licensed to practice law in the State of Georgia. I am an associate attorney with Lueder, Larkin & Hunter, LLC, 5900 Windward Parkway, Suite 390, Alpharetta, Georgia 30005, the attorneys for the Plaintiff in the above-referenced litigation.The parties entered into an ag: cnt to resolve this case under which Defendant was to make certain payments to Plaintiff. The terms of the payment plan and terms of default were included in a Consent Order that was filed with this Court on December 23, 2020, a true and correct copy of which is attached hereto as Exhibit “A.” Defendant has defaulted on the payments required to be made under the Consent Order. 5. As provided in Paragraph 8 of the Consent Order, in the event Defendant fails to make any of the payments specified therein, Defendant agreed, consented and stipulated that the amounts owed pursuant to the Consent Order and upon which this Court may enter judgment shall also include assessments and interest accrued from the date of entry of the Consent Order, and reasonable attorney's fees actually incurred by Plaintiff, including, but not limited to, the cost incurred in Plaintiffs effort to collect the sums due pursuant to the Consent Order, to prepare the Affidavit, and to prepare the proposed Final Order, as established by this A ffidavit. 6. In accordance with the Consent Order, the Plaintiff, through the Affiant, hereby requests that the Court enter a Judgment against Defendant and issue a fi.fa. including (a) the Claimed Amount, plus (b) principal amounts that became due after the entry of the Consent Order, (c) pre- judgment interest plus (d) reasonable attorney fees actually incurred through February 7, 2023 less any payments made by the Defendant pursuant to the Consent Order as follows: ments January 1, 2018 to January 1, 2023: $3,300.00 S: $75.00 : $258.30 Attorney’s Fees: $5,550.00Costs: : $1,449.01 Payments: ($6,029.73) Fora: — $4,602.58 aan [$4,602.58 ] I have read the foregoing and it is true and correct and may be used for any and all purposes allowed by Georgia law. FURTHER AFFIANT SAYETH NOT. Respectfully submitted, LUEDER, LARKIN & HUNTER, LLC L Pandy. 5. |ughes Darrelyn S. Hughes Georgia Bar No. 768064 Attorneys for Plaintiff 5900 Windward Parkway, Suite 390 Alpharetta, Georgia 30005 (770)-685-7000 486-1601-13 Notary PublicCERTIFICATE OF SERVICE 1 do hereby certify that a true and correct copy of the foregoing has been served upon the opposing party by mailing a copy of same to the opposing party by depositing same in the United States mail ina properly addressed envelope with adequate postage affixed as follows: This’, Ystday of February, 2023 Cherry Murray 856 N. Paulina Street, Unit 3 Chicago, Illinois 60622 Respectfully submitted, LUEDER, LARKIN & HUNTER, LLC 2am 5. |tughes Darrelyn S. Hughes Georgia Bar No. 768064 Attorneys for Plaintiff $900 Windward Parkway, Suite 390 Alpharetta, Georgia 30005 (770)-685-7000 186-1601-13FILED 12/23/2020 12:02 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA (>a tt ihe PARK PLACE COMMUNITY | ASSOCIATION, INC., Plaintiff, | | | . | CIVIL ACTION | FILE NO. 20CV4709 CHERRY MURRAY, | JUDGE STACEY K HYDRICK Defendant. | CONSENT ORDER THIS COURT, finds that the Plaintiffand Defendant have reached an agreement to resolve their dispute as follows: WHEREAS, Plaintiff and Defendant have agreed that the personal obligation and lien in favor of the Plaintiff are itemized as follows: [Assessments January 1, 2018 to January 1, 2020: $1,500.00 Late Fees: _ | $75.00 | $181.23 $5,095.00 $1,449.01 $8,300.24 [$12,470.51 d WHEREAS, Plaintiff and Defendant have agreed to repayment terms and remedies of Plaintiff in the event Defendant fails to comply with said terms: IT 1S THEREFORE ORDERED AND ADJUDGED that Defendant shall pay to Plaintiff the sum representing the past due assessments and other charges as set forth below, and further shall pay to Plaintiff all duly assessed association assessments as more fully provided herein.1 Defendant shall pay to Plaintiff the sum of $12,470.51 (“Claimed Amount”), which represents the personal obligation and lien in favor of the Plaintiff through December 15, 2020. > That Plaintiff agrees to accept and Defendant agrees to pay such principal in onetime payment of $3,500.00 due by December 30, 2020. Then monthly installments of $300.00 until balance set forth above is paid in full. Payments shall become due on the 20th of every month starting January 2021, If payments are mailed, Defendant shall allow sufficient time for receipt of the payments by the dates specified herein. ALL. PAYMENTS MUST BE RECEIVED WITHIN FIVE (5) DAYS OF THE DATES SET FORTH ABOVE. LATE PAYMENT SHALL CONSTITUTE DEFAULT. Payments received may be applied to costs, attorney's fees, interest and principal in any order Plaintiff chooses. 3) Defendant shall also pay all duly assessed association assessments, including, but not limited to, any annual, monthly, specific, or special assessment, if any, that may become due and payable to the Plaintiff for so long as Defendant owns the property located at 2043 Manhattan Parkway, Decatur, Georgia 30035 (hereinafter the “Subject Property”). These payments shall be in addition to the amounts set forth above. Defendant shall also pay all late fees, interest, costs of collection and reasonable attomeys’ fees actually incurred which may accrue on any payment under this Paragraph.4. Should Defendant convey or otherwise transfer ownership interest in the Subject Property, the entire remaining amount duc shal! become immediately duc and payable at the time of such conveyance or transfer, 3: Each payment by Defendant shall be paid by certified funds, money order, or other payment form as may be approved by Plaintiff in writing. Each remittance shall be payable to Park Place Community Association, Inc. and shal! be tendered by the above monthly due dates to he following address (or to such other agent or address as designated by Plaintiff in writing to Yetendant): Park Place Community Association, Inc c/o Lueder, Larkin & Hunter, LLC Attn: Denise C. Milner 5900 Windward Parkway, Suite 390 Alpharetta, Georgia 30005 6. Upon full payment of the amounts set forth herein, Plaintiff shall dismiss this suit. Vs In the event Defendant fails to make any payment when due, including any late fees, interest, costs of collection, or reasonable atlorney fees actually incurred, Plaintiff shall inform this Court of the default by presenting an affidavit, signed by an agent of Plaintiff or Plaintiff's attomey stating that the Defendant has defaulted under the terms hereof and setting forth the outstanding sums due, including any additional sums which may have become due under Paragraph 3, above, and Paragraph 8, below (hereinafter referred to as the “Affidavit”). The Affidavit shall include a certificate of service stating that a copy has been sent to the Defendant by regular mail. On or afteren (10) days from the date of the certificate of serv ice, the Court shall enter a judgment for the {otal amount due, without a hearing before the Court, and the Clerk shall be directed to issue a Writ of Fieri Facias for the outstandi: In the event Defendant fails to make any of the payments specified herein, Defendant hereby agrees, consents and stipulates that the amounts owed pursuant to this Consent Order and upon which this Court may enter judgment shail also include the Claimed Amount, past due assessments, accelerated assessments through the end of the year in which judgment is entered, interest accrued from the date of entry of the Consent Order, and reasonable attomey’s fees actually neurred by Plaintiff, including, but not limited to, the cost incurred in Plaintiff's effort to collect the sums due hereunder, to prepare the Affidavit, and to prepare the Proposed Final Order, as established by the Affidavit. In the event Deferdant fails to make any of the payments specified herein, Defendant further agrees tha! the Court shall enter an Order permitting judicial foreclosure of the Association lien. The parties hereto agree, consent and stipulate that any acceptance by Plaintiff of a late payment under this Consent Order shall not cons'itute a waiver of the Plaintiff's right to obtain its judgment as referenced above, and the Plaintiff hereby expressly reserves any and all of the rights to which it is entitled hereunder. 10. By signing this agreement, Defendant waive ony and all Defenses and Counterclaims that were raised or could have been waived prior to the date of this agreement. Pursuant to Georgia