Eddy Ray Perrine and Sandra Michelle Perrine - Adversary Proceeding

Response to Motion Affidavit and Statement of Material Facts in Dispute

Bankr. N.D. Ga.May 16, 2006

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA NEWNAN DIVISION IN RE: EDDY RAY PERRINE and SANDRA MICHELLE PERRINE CASE NO. 05-10816-whd Debtors _____________________________ CHAPTER 7 COLLINS BROTHERS CORPORATION JUDGE: W. HOMER DRAKE, JR. D/B/A COLLINS BROTHERS PRODUCE Plaintiff v. ADVERSARY PROCEEDING NO. 05-1118 EDDY PERRINE Defendant STATE OF GEORGIA COUNTY OF CARROLL AFFIDAVIT OF EDDY RAY PERRINE IN SUPPORT OF RESPONSE TO MOTION FOR SUMMARY JUDGMENT Personally appeared before me, the undersigned officer, duly authorized by law to administer oaths, EDDY RAY PERRINE, who, being duly sworn, deposes and says on oath the following: 1. My name is Eddy Ray Perrine, and I am over the age of l8. I was the sole shareholder and president of EMB Distributors, Inc. 2. Attached to the Affidavit of Michael Collins was Exhibit “B, ” which purports to be a statement summarizing invoice totals and the amount paid by EMB Distributors, Inc. To Case 05-01118-whd Doc 21 Filed 05/16/06 Entered 05/16/06 14:19:26 Desc Main Document Page 1 of 7 Collins Brothers Corporation, the Plaintiff herein. However, said Exhibit “B” is inaccurate. A review of the records of EMB Distributors, Inc. reveals the following amounts paid to Collins Brothers Corporation after December l, 2003. Date of Payment Amount Paid December 31, 2003 $ 8,000.00 January 7, 2004 18,000.00 January 8, 2004 4,000.00 January l5, 2004 8,000.00 January l9, 2004 3,000.00 January 22, 2004 3,000.00 January 26, 2004 5,000.00 January 28, 2004 10,000.00 February 3, 2004 10,000.00 February 7, 2004 5,000.00 February l0, 2004 1,000.00 February l2, 2004 2,800.00 February l8, 2004 5,000.00 February l9, 2004 3,500.00 February 26, 2004 3,000.00 March 4, 2004 7,000.00 March 26, 2004 10,000.00 May 6, 2004 1,000.00 May 20, 2004 1,000.00 3. In summary, the financial records of EMB Distributors, Inc., show payments totaling $108,300.00 to Collins Brothers Corporation on or after December l, 2003. 4. I acknowledge that Collins Brothers Corporation filed a lawsuit in the Federal District Court for the Northern District of Georgia and obtained a judgment. However, at the time I was financially unable to defend the action. 5. Attached hereto is a copy of each check referred to in Paragraph 2. Case 05-01118-whd Doc 21 Filed 05/16/06 Entered 05/16/06 14:19:26 Desc Main Document Page 2 of 7 The facts set forth herein are based upon my personal knowledge. FURTHER, the Affiant sayeth not This the _________day of _______________________, 2006. /S_____________________________ EDDY RAY PERRINE, Defendant Sworn and subscribed before me, this the 16th day of May, 2006. /S________________________________ Elizabeth S. Ashe Notary Public My Commission Expires October 19, 2009 . Case 05-01118-whd Doc 21 Filed 05/16/06 Entered 05/16/06 14:19:26 Desc Main Document Page 3 of 7 CERTIFICATE OF SERVICE This is to certify that I have today served a copy of the foregoing AFFIDAVIT OF EDDY RAY PERRINE IN RESPONSE TO MOTION FOR SUMMARY JUDGMENT by depositing copy of same in the United States Mail, in a properly addressed envelope, with sufficient postage to insure delivery to: Mr. G. Frank Nason IV Attorney for Plaintiff 3343 Peachtree Road, NE East Tower Suite 550 Atlanta, Georgia 30326 This the _____________day of _______________________, 2006. /S_____________________________ P. O. Box 2206 Allen M. Trapp, Jr. Carrollton, Georgia 30112 Ga. Bar No. 7l5535 770-830-8560 Case 05-01118-whd Doc 21 Filed 05/16/06 Entered 05/16/06 14:19:26 Desc Main Document Page 4 of 7 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA NEWNAN DIVISION IN RE: EDDY RAY PERRINE CASE NO. N-05-10816-WHD SANDRA MICHELLE PERRINE Debtors CHAPTER 7 JUDGE: W. HOMER DRAKE, JR. ________________________________ COLLINS BROTHERS CORPORATION D/B/A COLLINS BROTHERS PRODUCE ADVERSARY PROCEEDING NO. Plaintiff 05-1118 v, EDDY RAY PERRINE Defendant DEFENDANT’S RESPONSE TO MOTION FOR SUMMARY JUDGMENT COMES now the Defendant herein and shows this Court the following: 1. Due to numerous material facts that are in dispute, the Plaintiff herein is not entitled to Summary Judgment. 2. Due to the absence of evidence showing any actual fraud or defalcation on the part of the Defendant, the Plaintiff herein is not entitled to Summary Judgment. 3. In support hereof, the Defendant relies upon the “ Statement of Material Facts” in Case 05-01118-whd Doc 21 Filed 05/16/06 Entered 05/16/06 14:19:26 Desc Main Document Page 5 of 7 Dispute,” the “Affidavit of Eddy Ray Perrine in Support of Response to Motion for Summary Judgment,” and the “Brief in Support of Defendant’s Response to Motion for Summary Judgment,” all submitted simultaneously herewith. WHEREFORE, the Defendant prays that this Court deny the Plaintiff’s Motion for Summary Judgment. This the _____________day of _________________________, 2006. /S _____________________________ P. O. Box 2206 Allen M. Trapp, Jr. Carrollton, Georgia 30112 Ga. Bar No. 7l5535 770-830-8560 . Case 05-01118-whd Doc 21 Filed 05/16/06 Entered 05/16/06 14:19:26 Desc Main Document Page 6 of 7 CERTIFICATE OF SERVICE This is to certify that I have today served a copy of the foregoing DEFENDANT’S RESPONSE TO MOTION FOR SUMMARY JUDGMENT by depositing copy of same in the United States Mail, in a properly addressed envelope, with sufficient postage to insure delivery to: Mr. G. Frank Nason IV Attorney for Plaintiff 3343 Peachtree Road, NE East Tower, Suite 550 Atlanta, Georgia 30303 This the ____________day of ___________________________, 2006. S/_______________________________ P. O. Box 2206 Allen M. Trapp, Jr. Carrollton, Georgia 30112 Ga. Bar No. 7l5535 770-830-8560 Case 05-01118-whd Doc 21 Filed 05/16/06 Entered 05/16/06 14:19:26 Desc Main Document Page 7 of 7