Fulton County Magistrate Court

***E-FILED***CD
Date: 6/22/2018 1:05 PM
Cathelene Robinson, Clerk
18ED078693
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
at Alpharetta, 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
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