Document for WAVERLY PARK COMMUNITY ASSOCIATION, INC. vs STONE

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                                IN THE MAGISTRATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
WAVERLY PARK COMMUNITY )
ASSOCIATION, INC.,
Plaintiff,

v. Civil Action No. 21-GM-17054

Defendant.

)
)
)
)
LAMAR STONE )
)
)
PENNROSE MANAGEMENT COMPANY )

Garnishee )

AFFIDAVIT OF SERVICE OF DEFEN! |D REQUEST FOR DISBURSEMENT OF

 

 

FUNDS
COMES NOW Plaintiff, and files this Affidavit of Service of Defendant and Request for Disbursement of

Funds, and shows:
1.

This Affidavit and Request is made by Brian Gardiner, in his capacity as attorney of record for
Plaintiff, who, after being duly sworn, states that the following facts are true and correct to the best of my
knowledge and belief:

2.

I have reviewed the case file for this garnishment action, and am personally familiar with the
actions taken by my office in this action.

3.

The Defendant was served at 4177 ALVESTON DR ATLANTA, GA 30349 in the action
resulting in judgment for Plaintiff.

4.

On November 9, 2021, my office mailed via first class mail and certified mail, a copy of the
affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of
Right Against Garnishment of Money, Including Wages, and Other Property form, and a copy of the
Defendant’s Claim Form (“‘Garnishment Documents”), to the Defendant’s Address.

5.

The Address was confirmed through TLO (a service provided by Equifax to locate addresses) as
showing as the most current address for Defendant.

6.

On November 09, 2021, Garnishee was served with this action.

417687.

Per the USPS tracking website, the certified mailing of the garnishment documents to the
Address was retumed “Notice Left (No Authorized Recipient Available)” on November 13, 2021 and the
website has not been updated as of that date (see attached).

8.

Plaintiff can find no other current address for Defendant other than the Address.
9.

Plaintiff, despite diligent search, cannot locate Defendant within or without the State of Georgia.
10.

O.C.G.A. §18-4-8(b)(1)(C) allows for service to be sent “to the defendant by regular mail at the
address at which the Defendant was served as shown on the return of service in the action resulting in the
judgment, when it shall appear by affidavit to the satisfaction of the clerk of the court that the defendant .
. . cannot, after due diligence, be found within this state, or has concealed his or her place of residence
from the plaintiff.”

WHEREFORE, because Plaintiff has diligently attempted to locate and provide notice of the garnishment
action to the Defendant, and has mailed the required documentation to an address that is both the
Defendant's last known address and also the address in which the Defendant was served in the underlying
action, Plaintiff respectfully requests that the clerk of court find that Plaintiff has exercised due diligence,
and therefore has satisfied the notice requirements found in O.C.G.A. § 18-4-8.

Moreover, Plaintiff requests payment of all funds due to Plaintiff paid by Garnishee and affirms

that no claim has,yeen filed and no traverse has been filed within twenty (20) days of the Garnishee’s last

    
 

answer.

A ap, Attorney for Plaintiff
GA Bar No. 456237

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dT] seulpioyg dojung2/25/22, 3:07 PM USPS.com® - USPS Tracking® Results

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November 13, 2021, 2:49 pm
Notice Left (No Authorized Recipient Available)
ATLANTA, GA 30349

 

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