‘THE SUPERIOR COURT FOR THE COUNTY OF CORB STATE OF GEORGIA urisToPHER Moses 1 Plain | Civil Action Fite « 1 1 TRATON CORP., |] No.05-1-8395-35 RICK FOSTER | JURY TRIAL DEMANDED Defendants 1 AKFIDAVIT OF CHRISTOPHER MOSES IN SUPPORT OF PLAINTIFF'S MEMORANDUM IN OPPOSITION TO, DEFENDANTS’ MOTION FOR ATTORNEYS FEES AND EXPENSES OF LITIGATION 1, Christopher Moses, declare tha: 11am over twenty-one (2) years of age and not under any legal disability. 2, Ihave personal knowledge of al facts set forth herein 3, am the PlaintfFin the above-styled matter. 4, Prior o retaining Dr Han as counsel and prior filing the Complaint in this lawsuit, [personaly solicited legal advice from many storeys 5, [discussed this matter with counsel for many hours prior to Sling the Complaint (6. The facts that conveyed to counsel included the following: a. On May 27, 2004, I purchased my home from one of the Traton entities (hereinafer collectively referred to as "Traton") My home is situated within the Lakefield Manor subdivision, . Traton is the developer for the Lakefield Manor subalvision, 4. Since the purchase of his home, I have ALWAYS maintained immaculate care ofthe lawn that i attached to my home, including the right-of-way that i part. of my yard, The damaged property is visibly indistinguishable from my recorded lo, and contiguous, if not overlapping, with my recorded lot. Subsequent to purchasing the home, contractors delivered materials to construction sites within the Lakefield Manor subdivision. 2 Given the ongoing construction within the Lakefield Manor subdivision, ‘Traton also functions asthe Home Owners! Assocation (HOA).During that constuction proces, constuction tucks repeatedly drove over the yar, thereby damaging the yard. i. My neighbors and I have witnessed the construction trucks repeatedly driving over the yard 4. Tomplsind oTraton about damage to my yard, and requested Traton 9 discontime driving over my proper. i. Tlked to Rick Foster, Project Manage for Teton round May 28 LL Riek Foster had committed to fix the damaged yard sm, Around May 28, 200, had sent Rick Foster eter detailing our conversion, 1. A tre and coret copy of my communication to Rick Fosters atached hereto as Exhibit A . Rick Foster never responded to this communication, P._ealld Taton on more than one occasion, but Treton didnot retum my phone calls 4. Around September 12, 2005, filed a grievance agains Traton using Traton's internet form, 1. September 14, 2005, Mr. Rick Foster replied by email and copied one or more oficers of Tretn in his reply. 4 Tnthat email, Me Foster expressly stated that Traton would not ix heya, and wrote," it seems reasonable to assume that the developer’ large equipment ilers an over your cub and placed rutin your gas." Given Tratn's acknowledgement that it was “your curb Gis my curt) and “your grass” (i.e., my grass), we were all in agreement that, at a minimum, I ‘a in posession af the damaged yd 1 Aue and comeet copy ofthe e-mail exchange with Rick Foster i attached hereto as Exhibit B \ October 7, 2005, Traton ited my damaged yard as being in volton ofthe sulvision Covenant vw Specify, Rebecca Bryant, on behalf of Taton, wrote, "Dus to recent conversations you have ad with Tron employees you specifically stated that you were going o refuse to mow and mainain ths portion of our yard x. Mr Brant also woe, "There are wo areas of your yard tat are in violation of the Covenants, Conditions and Restrictions of the Lakefield Manor Homeowners Association." 3 Ms: Bryant further wrote, "The fact that you have desided 0 refs to mov portion of your yard has upset your surounding neighbors, andi 8 violin with the CCAR’ 2. Ms. Brant also wrote, "IF these two violations are not coresed the Homeowners Association has the authority to remedy the violation and charge sour home forthe expense” ven the HOA's acknowledgement tat his was "your yan” (ie, my yar) ‘your home" (ie, my home), even the HOA agreed th, ata minimum, 1 vas it possesion ofthe damaged yardbb, A true and correct copy ofthe leter from the HOA is attached hereto as Exhibit C ce. The HOA and others in the neighborhood consider the damaged yard to be my yard, dd, [fled « complaint wit the Better Business Bureau ("BBB"), in which 1 expressly noted the destruction of his yard ‘ee, September 14, 2005, I contacted Chris Poston via e-mail, about this issue, explicitly stating, "The lack of communication and poor customer service from Rick and Eric are extremely unprofessional and notin keeping what I thought Traton was about. Please have someone contact me..." ff, September 15, 2005, Chis Poston forwarded the message on vo Dale Bercher, _2g. Chris Poston never responded to my e-mail |bh. A true and correct copy my e-mail message to Chris Poston, which was subsequently forwarded to Dale Bercher, is attached hereto as Exhibit D ii, Rather than calling me to dseuss these issues, Taton responded to me through its attorneys, and demanded that I stop contacting Traton 4. Because of Traton's refusal to discuss this matter with me, and Traton's threat to impose monetary fines against me for the damage to my yard I fel thatthe only other recourse that I had was taking legal action, 7. The current Homeowners Association officers and members continue to reference the yard as mine 8. John Dorso, Chairman ofthe Trans n Committe, has contacted me numerous times refereneing the yard as "your yard” (ie my yard) 9, Mr, Dorso has asked me, "Why don't you fix your yard?" and "Other neighbors are talking about fixing your yard for you when you are not there." 10. ‘The current Homeowners Association President, Nick Stanislo has asked, "Are you going to fix your yar, 11, Homeowner association member, Pat Kelly, hs also stated, "I have seen trucks drive over YOUR yard 12, Traton, the Homeowners Association, and my neighbors all agree that the yard and the maintenance responsibilities of that yard are mine,