FILED 11/12/2021 1:38 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

Jonathan Sweatman

ena

21CV9795

Plaintiff VS

Sarah Zeeman 2740 Grove Street, NE Brookhaven, Ga 30319 Defendant

SUMMONS TO THE ABOVE NAMED DEFENDANT(S): You are hereby summoned and required to file electronically with the Clerk of said court at https://efilega.tylerhost.net/ofsweb and serve upon the Plaintiff's attorney, whose name, address and email is:

Ligh Rage of Rese Libgaten, UC

4x0 Lower Roswell (2a, Se- 165-522 en

lisa@ vote Ihigechen. lawyer

GH 20k

wile, peepee

An answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

This

12

d

. November

1¶

Honorable Debra DeBerry Clerk of Superior Court

By.

B Wayne Scott Deputy Clerk

E-Filing and E-Service

Pursuant to the Superior Court of DeKalb County’s E-File Order, dated December 27, 2016, and available at www.dksuperiorclerk.conycivil, the parties must file all documents electronically through eFileGA unless expressly exempted under the Rule. All orders and notices from the Court will be electronically filed and served through eFileGA. The parties must register for an eFileGA account, link their service contact information with the case and the party represent, and take whatever steps are necessary to ensure that correspondence from eFileGA reaches the parties’ inboxes. To access eFileGA, please go to http://www.odysseyefilega.com/

Instructions: Attach addendum sheet for additional parties if needed, make notation on this sheet if addendum sheet is used.

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FILED 11/12/2021 1:38 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA

IN THE SUPERIOR COURT OF DEKALB COUNTY

STATE OF GEORGIA JONATHAN SWEATMAN,

Petitioner,

)

)

) )

v.

CIVIL ACTION FILE NO.

)

)

SARAH ZEEMAN,

)

Respondent.

21CV9795

) )

) VERIFIED PETITION FOR EQUITABLE RELIEF COMES

NOW

Petitioner

Jonathan

Sweatman

(“Petitioner”)

by

and

through

his

undersigned counsel, files this Petition for Equitable Relief against Respondent Sarah Zeeman (“Respondent”) and shows the court the following:

NATURE OF SUIT 1.

Petitioner files this proceeding to assert his legal title and interest in certain real property located in DeKalb County, Georgia and more particularly described as follows (hereinafter

“2746 Grove Street”): ALL THAT Tract or parcel of land lying and being In Land Lot 240 and 241, 18th District, DeKalb County, Georgia, being Lot 2, GROVE PLACE, according to plat which

is recorded in Plat Book 96, Page 9, DeKalb County, Georgia Records, said plat by this reference being incorporated herein and made a part hereof for a more complete

description;

said property being Improved property known as 2746 Grove Street,

according to the present system of numbering houses in DeKalb County, Georgia.

2. Respondent is the record title holder of certain real property located adjacent to 2746

Grove Street, also located in DeKalb County, Georgia and more particularly described as follows (hereinafter “2740 Grove Street’): All that tract or parcel of land lying and being in Land Lot 240 and 241 of the 18th District of DEKALB County, Georgia, and being Lot 1 of Grove Place Subdivision, with any improvements thereon, as per plat of survey recorded in Plat Book 96, Page 14, DeKalb County, Georgia Records, which plat is incorporated herein by this reference. PARTIES AND JURISDICTION 3. Respondent Sarah Zeeman is an individual resident of DeKalb County Georgia, and may

be served with summons and service of process at her residence address 2740 Grove Street, NE, Brookhaven, Georgia 30319. Respondent Zeeman is subject to the jurisdiction of this Court and venue is proper herein pursuant to Georgia Constitution Article 6, Section, 2, Paragraph 3 because Respondent Sarah Zeeman resides in DeKalb County, Georgia. FACTUAL BACKGROUND 2746 Grove Street

4.

By virtue of a Warranty Deed dated March 31, 1994, non-party Dan C. Woodley d/b/a D.C. Woodley & Associates, as grantor, conveyed to Petitioner Jonathan Sweatman, as grantee, interest in 2746 Grove Street (“Sweatman Warranty Deed”). The Sweatman Warranty Deed was recorded on April 4, 1994 in Deed Book 8128, Page 396, DeKalb County, Georgia records. A

true and correct copy of the Sweatman Warranty Deed is attached hereto and incorporated herein as Exhibit 1. 5:

On or about March 31, 1994 Petitioner purchased 2746 Grove Street from Dan C. Woodley d/b/a D.C. Woodley & Associates. 6. Petitioner Sweatman is the current record title holder for 2746 Grove Street. 2740 Grove Street te

By virtue of a Warranty Deed dated May 30, 2006, non-party John R Thompson a/k/a John R. Thompson II, as grantor, conveyed to Respondent Sarah Zeeman, as grantee, all interest in 2740 Grove Street (“Zeeman Warranty Deed”). The Zeeman Warranty Deed was recorded on

June 5, 2006 in Deed Book 18783, Page 248, DeKalb County, Georgia records. A true and correct copy of the Zeeman Warranty Deed is attached hereto and incorporated herein as Exhibit

2s 8. Respondent Zeeman is the current record title holder for 2740 Grove Street.

9. 2746 Grove Street and 2740 Grove Street adjoin each other as identified on that certain plat recorded in Plat Book 96, page 9 and plat recorded in Plat Book 96, page 14, DeKalb County, Georgia records. True and correct copies of the Plats are attached and incorporated herein respectively as Exhibit 3 and Exhibit 4.

10.

Upon information and belief, Respondent caused certain structures and improvements consisting of a garden window, two slabs and two heating ventilation and air conditioning

(“HVAC”) units to be built and constructed on part of Respondent’s property that encroach and trespass on 2746 Grove Street by extending over the mentioned boundary between the two lots

and onto Petitioner’s property without Petitioner’s consent. 11. Part of Respondent’s deck also encroaches and trespasses onto 2746 Grove Street and

also extends over the boundary line between the two lots. 12,

On or about September 13, 2021, Respondent caused Survey Land Express, Inc. to prepare a boundary survey of 2740 Grove Street. (“2740 Survey”).

A true and correct copy of

the 2740 Survey is attached and incorporated herein as Exhibit 5. 135

The 2740 Survey depicts certain improvements and structures on 2740 Grove Street that encroach and extend onto 2746 Grove Street. 14. Respondent caused the structures and improvements to encroach on 2476 Grove Street as

described above. IS;

Respondent caused her improvements and structures to be constructed on 2476 Grove

Street without any good faith belief that Respondent had a right to do so.

16. On October 26, 2021, Petitioner notified Respondent in writing of certain encroachments

with respect to Respondent’s improvements that extended without permission onto 2746 Grove Street (“Notice”).

A true and correct copy of the Notice is attached and incorporated herein as

Exhibit 6. We

Respondent failed to respond to the Notice. 18. Respondent further failed and refused to remove the encroachments and continues to

allow the improvements to encroach and to extend onto 2746 Grove Street without Petitioner’s consent.

io) Prior to the commencement of this action, Petitioner notified Respondent of the fact that

certain structures and improvements constructed by Respondent encroached on to 2746 Grove Street. Count I

Encroachment 20.

Petitioner is, and at all times was the owner and in possession of 2746 Grove Street. oi

Respondent acted to interfere with Petitioner’s right and possession of 2746 Grove Street by placing certain improvements, structures which obstruct part of 2746 Grove Street.

22. Respondent interfered with Petitioner’s use and enjoyment of his pro