IN THE MAGISTRATE COURT OF EARLY COUNTY STATE OF GEORGIA

Lucas & Michelle Usry Plaintiff VS Peggy Cherry DBA Bizzy Bee Defendant

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CASE #: 11-1907CS

CLAIM

DEFENDANTS ANSWER TO SUMMONS

Now comes Defendant, pro se, in answer to Summons.

Plaintiff case should be dismissed with prejudice as Plaintiff has no standing to bring suit.
Lucas Usry, Plaintiff, agent for Plaintiff and Affiant, on oath has made a false statement of material fact. 1. Defendant is not indebted to Plaintiff.

Statement of Uncontroverted Facts.

Plaintiff knowingly and with reckless disregard for the truth, made sworn false statements of material facts which constitute perjury. Although the proceedings in Magistrate Court are not as formal as they are in State and Superior Court the same rules and laws apply. Georgia Courts categorically reject any suggestion that perjury is less serious when made in a civil proceeding. Plaintiff, Michelle Usry, Managing Member and Registered Agent for MUPC, LLC has acted with callous indifference to the financial well being of the LLC and the other member and in doing so has breached her fiduciary duties to the LLC including but not limited to the duties of Loyalty and Care.

Plaintiff, Michelle Usry has breached the implied contractual obligations to discharge the obligations of her position as Managing Member and Registered Agent. Michelle Usry and her agent Lucas Usry have acted in bad faith and inconsistent with fair dealing. Plaintiffs with premeditation and malice have taken actions to deliberately discredit Defendant with material, financial and service providers with the intent to cause those providers to discontinue business with MUPC, LLC dba Bizzy Bee. Plaintiffs with premeditation and malice have taken actions and made verbal statements to publicly discredit Defendant personally and professionally. Plaintiffs with premeditation and malice have intentionally made verbal statements and taken actions, including but not limited to filing this erroneous case in Magistrate Court, to publicly humiliate and embarrass Defendant. Plaintiffs with callous indifference the well being of the LLC have intentionally through their verbal statements and actions have undermined the business operating as Bizzy Bee causing monetary loss and damages. Plaintiffs with premeditation and malice through their actions and verbal and written statements intentionally inflicted emotional distress and financial damage to Defendant. The instant case is a wrongful act of abusive litigation. No attorney who had conducted even a cursory investigation into the facts of the matter could reasonably believe any court would allow a claim proceeding to go forward on a debt that does not exist. Pursuant to O.C.G.A 51-7-81, any person who has taken any active part in procuring, initiating, or continuing these wrongful acts is subject to liability for all damages allowed by law. This includes the Plaintiff, and if acting in chorus with legal counsel, the attorney, the law firm and its members. The issue at bar is more complex and far reaching than Plaintiff would have this court believe. The issues to be adjudge involve tort, actual and punitive damage claims which are the jurisdiction of the Superior Court rather than Magistrate.

____________________________ Peggy Cherry

_____________________________ Sworn to and subscribed before me this 23 day of February 2011