Author Topic: CoS Georgia and Deborah Danos sued for Breach of Contract : Tenant Vacates, lol  (Read 30743 times)

Offline Mary_McConnell

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Looks like they breached their contract in October on the 4488 North Shallowford Road GA location.
too funny.... "dec 3, 2010: No Service -DEFENDANT DEBORAH DANOS MOVED, VACANT SUITE"

CHURCH OF SCIENTOLOGY OF GEORGIA INC.  DEFENDANT  10CV13242  Superior

General Civil  Superior  Waterford Park Vs. Church Of Scientology (Tb) 
23-NOV-2010  OPEN 
 Case Information           
Case: 10CV13242 (Open) WATERFORD PARK VS. CHURCH OF SCIENTOLOGY (TB)
Filing Date: 11/23/2010 Type: Superior General Civil
Judge: GAIL C. FLAKE Superior Court
Secondary: Breach Of Contract
   
    Parties           
Party Type
WATERFORD PARK LLC Plaintiff
    GOLOMB, JEFFREY Attorney
PS ENERGY GROUP INC Plaintiff
    GOLOMB, JEFFREY Attorney
J K COMPLEX LLC Assignee Of
    GOLOMB, JEFFREY Attorney
CHURCH OF SCIENTOLOGY OF GEORGIA INC. Defendant
 
   Docket Entries           
Description Filing Date Text Assoc. Party?
 NO SERVICE  03-DEC-2010  DEFENDANT DEBORAH DANOS MOVED, VACANT SUITE.

(WS)  No
 MISCELLANEOUS  24-NOV-2010  SHERIFF SERVICE SENT. (WS)  No
 COMPLAINT FILED  23-NOV-2010  FOR BREACH OF COMMERCIAL LEASE, WITH EXHIBITS AND ATTACHMENTS. RECEIPT #661 AMOU...more  No
 REQUEST  23-NOV-2010  FOR ADMISSION OF FACTS AND GENUINENESS OF DOCUMENTS (NW)  No
-----------------------------------------
Corporate data on file with the stata as of 2/2010:
CHURCH OF SCIENTOLOGY OF GEORGIA, INC.  Current Name

Non-Profit Corporation - Domestic - Information
Control No.: J920035
Status: Active/Compliance   
Entity Creation Date: 10/18/1989
Jurisdiction: GA
Principal Office Address: 4480 N Shallowford Rd NW
Suite 100
Atlanta GA 30338 
Last Annual Registration Filed Date: 2/15/2010
Last Annual Registration Filed: 2010
 
Registered Agent
Agent Name: Danos, Deborah 
Office Address: 4480 N Shallowford Rd NW
Suite 100
Dunwoody GA 30338 
 
Officers
Title: CEO
Name: DEBORAH DANOS
Address: 4480 N Shallowford Rd NW
Suite 100
Atlanta GA 30338

Title: CFO
Name: Antoinette Ady
Address: 4480 N Shallowford Rd NW
Suite 100
Atlanta GA 30338
 
Title: Secretary
Name: Susan Multz
Address: 4480 N Shallowford Rd NW
Suite 100
Atlanta GA 30338

******* Better update this info, Debbie :)
----------------------
FYI, Deborah Danos is having some other financial problems :

DANOS  DEBORAH   DEFENDANT  10M92513  Magistrate Civil Suits  Magistrate
Citifinancial Services Inc Vs Deborah Danos  22-NOV-2010  OPEN
Case: 10M92513 (Open) CITIFINANCIAL SERVICES INC VS DEBORAH DANOS
Filing Date: 11/22/2010 Type: Magistrate Civil Suits
Judge: Berryl A. Anderson Magistrate Court
Secondary: General Civil Other
Tertiary:
 Docket Entries           
Description Filing Date Text Assoc. Party?
 SERVICE, PERSONAL  24-NOV-2010  JCW  Yes
 FILING FEE  22-NOV-2010  AO-25.00 SER CK#1046344553  No
 PAYMENT  22-NOV-2010  A Payment of -$76.50 was made on receipt MCMA204214.
-------------------------

Wonder what they owe.....
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline ethercat

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I guess that explains why they moved so suddenly. 

The move was discussed here: Local cults little mission

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Offline ethercat

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Wonder what they owe.....

We'll see if we can find out.   ;)
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Offline mefree

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So  much to read. Thanks, Mary!


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Offline SocialTransparency

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 ST is pleased with this latest revelation. To fight a battle on 2 fronts is one thing. 3 fronts? lol.Protip. Any law firm representing the cult better be prepared to file suit against their former client (sci) for nonpayment of services rendered. The proverbial well is may go dry. ;D

 For a group of social misfits that claim to be small in numbers here in Georgia, They do have a very large amount of law suits against them. I will glady send this oh so nice information to the city of Sandy Springs attorney. Hell, I will also send the information to the cults current landlord.

 Public record is a matter of public concern. :D

 http://legalblogatlanta.com/?p=1058

Quote
Commercial landlords in Georgia have no duty to mitigate. Thus, a commercial landlord can simply allow a property to remain vacant until the end of the lease term and sue the tenant for the unpaid rent.  Further, almost all commercial leases we review have acceleration clauses that allow the landlord, upon breach of the lease, to immediately bring suit for all of the future unpaid rent.  Typically, these leases will also have clauses allowing for the payment of interest and the landlord’s legal fees.

Offline ethercat

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Here's some more information on this story - this is the shore story, I guess:

Questions by Ms. Laurel E. Henderson of Henderson & Hundley, P.C. in the RLUIPA case.  Answers by Deb Danos, Director of Special Affairs for Church of Scientology of Georgia.  Starting on page 34.

http://alley.ethercat.com/storage/RLUIPA/12-21-2010_44-1.pdf
Quote
18 Q Okay. Is the Shallowford location owned by
19 Georgia Scientology or it leased?
20 A No. It's a leased space.
21 Q And is there a date when that lease runs out?
22 A We are actually on a month-to-month with a
23 60-day notice requirement.
24 Q Has the lease been on a month-to-month the
25 entire time, or was it initially for a term?
1 A We had a six-month term.
2 Q Okay. All right. Is it the plan of Georgia
3 Scientology to stay in the Dunwoody facility until it
4 can occupy the Sandy Springs facility?
5 A I don't know.

Then:
Quote
17 Q Has there been any discussion among people at
18 the Georgia Scientology Church of a second interim
19 location that's larger than Dunwoody while they're
20 waiting for Sandy Springs to be ready?
21 A There has been some discussion about the
22 possibility of relocating, but mainly due to the
23 building we occupy having changed owners. And the owner
24 may want to occupy. So we may be forced to move.
25 Q Okay.
1 A But that is in the air.
2 Q Okay.
3 A And, you know, we would rather not have to
4 move and move and move.
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Offline ethercat

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Keep your reading glasses on, there's more.

 ||||9000||||


Waterford Park, LLC and PS Energy Group, Inc., Assignees of J K Complex, LLC,
Plaintiffs,
v.
Church of Scientology of Georgia, Inc., a Georgia corporation,
Defendant
Civil Action File No. 10CV13242-4

Filing Cover sheet:
http://alley.ethercat.com/storage/10CV13242-4-000.pdf

Marshall's/Sheriff's Entry of Service; Summons; Complaint for Breach of Commercial Lease:
http://alley.ethercat.com/storage/10CV13242-4-001.pdf

Exhibit 1 - Lease Agreement, 4480 North Shallowford Rd., the Church of Scientology of Georgia, Suite 100:
http://alley.ethercat.com/storage/10CV13242-4-002.pdf

Exhibit 2 - First Lease Amendment; Official Notice of Intent to Vacate 4480 North Shallowford Rd. Suite 100:
http://alley.ethercat.com/storage/10CV13242-4-003.pdf

Exhibit 3 - Rental Certification and Cross Indemnity Agreement and Exhibits:
http://alley.ethercat.com/storage/10CV13242-4-004.pdf

Exhibit 4 - Itemized Statement of Debt:
http://alley.ethercat.com/storage/10CV13242-4-005.pdf

Exhibit 5 - Itemized Statement of Additional Building Expenses:
http://alley.ethercat.com/storage/10CV13242-4-006.pdf

Exhibit 6 - Invoice from Waterford Park, LLC to Church of Scientology; Invoice from Perimeter Solutions & Maintenance to Waterford Park, LLC:
http://alley.ethercat.com/storage/10CV13242-4-007.pdf

Request for Admission of Facts and Genuineness of Documents:
http://alley.ethercat.com/storage/10CV13242-4-008.pdf

Magistrate Court of DeKalb County
Plaintiff: CitiFinancial Services, Inc.
Defendant: Deborah Danos

http://alley.ethercat.com/storage/10M92513-000.pdf
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Offline mefree

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Wow, $116,865.23 in rent and other fees! I suspect that the lighting invoice is an interesting story.
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Offline Mary_McConnell

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Good job on getting these docs!!

CoS and Deb Danos are in noncompliance with the Georgia Secretary of State for not updating Registered Agent contact information. Just more evidence of the state of confusion this Ideal Org stuff is thrusting on the local org.

We should all write Deb at her home and suggest she run while she can, lol
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Offline ethercat

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Quote
Case ID      10CV13242
Description      SERVICE, NOTORIOUS
Docket Filing Date      13-JAN-2011
Associated Party      None
Text      
DEFENDANT DEBORAH DANOS WAS SERVED BY LEAVING A COPY OF ACTION WITH CHURCH OF SCIENTOLOGY OF GA INC. ON JANUARY 6, 2011. (WS)

Tick tock, Deb.

Whatever will CoS of Georgia do?  Become involved in yet another lawsuit?  Pay up?  Ignore it and hope it will go away?

I wonder if the staff member who recieved the service on behalf of Deb realized that they were in such a state of arrears? 
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Offline Mary_McConnell

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It must have been an unhatted/trained staff member! Staff are trained to NOT accept anything and to leave it to the registered agent and lawyers ( supposedly 'keeping enturbulation off the org lines'. She must be pissed, lol
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Offline SocialTransparency

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Whatever will CoS of Georgia do? 

 If I where a betting man, I would say someone is going to meet the preverbal underside of a bus.Thrown to the wolves. Hung out to dry. Made an example of. Avoided like the plague etc.

Offline skydog

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Both the rental agreement and the amended rental agreement (Exhibits 1 and 2) clearly state that the term of the lease is from Nov. 2007 through April 2011. Both of these documents were signed by Deb Danos, as president of the CoS GA. Yet in her deposition in other litigation, she states that they are currently on a month to month tenancy with sixty days notice. This statement is predicated on the fact that there was a change of ownership in the property. However, Paragraph 19 of the lease states that the sale of the property (unless by forclosure or deed in lieu of forclosure) is subject to the lease.

Without looking at the GA penal code, it is difficult to say whether this would amount to perjury, but Danos has clearly lied under oath. Hopefully, attorney Henderson will be apprised of this fact.

Offline Mary_McConnell

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Thanks for the update, Skydog!
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline ethercat

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Thank you, skydog!

There is also the matter of a continuing garishment related to a property on West Peachtree St. in Atlanta that they leased and left over 10 years ago:

Quote
Case Information             
Case:   99G71045 (Open)   COORDINATED PROPERTIES INC VS CHURCH OF SC
Filing Date:   03/04/1999   Type: State Garnishment
Judge:   WINSTON P BETHEL   State Court
Secondary:   Regular Garnishment
Tertiary:   
Related Cases:    Original Garnishment Amount - $110,782.87

Party     Type
COORINATED PROPERTIES INC    Plaintiff
    JOHNSON SR, MICHAEL R    Attorney
CHURCH OF SCIENTOLOGY    Defendant
FIDELITY NATIONAL BANK    Garnishee

Seems this is a pattern that repeats itself. 

I imagine (I am speculating) that Fidelity was their bank at the time, and although they may still have an account there, that they aren't using it for their primary bank anymore.  I would think that they have taken in $110,782.87 over an 11 year period that could have gone to pay off that debt.  Now they have another $116,000 debt to pay off. 

If I where a betting man, I would say someone is going to meet the preverbal underside of a bus.Thrown to the wolves. Hung out to dry. Made an example of. Avoided like the plague etc.

No doubt, one person (cough*deb*cough) will probably be blamed for this, but it appears to be standard operating procedure for the "church". 

Without looking at the GA penal code, it is difficult to say whether this would amount to perjury, but Danos has clearly lied under oath. Hopefully, attorney Henderson will be apprised of this fact.

I feel certain she'll become aware of it in the near future, if she isn't already.   ;)

Question for you, skydog.  If I owed large amounts money to multiple companies, I would expect that those companies could attach or put a lien on any of my assets to recoup their money.   Is this something that happens in a business setting, or is garnishment the only way for these companies to get their money?  Or am I way off base here?

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Offline ethercat

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A certified copy of this lawsuit has been entered into the RLUIPA lawsuit by the Defendant: http://alley.ethercat.com/storage/RLUIPA/2011_02_14_71.0.pdf

Quote
1 Attached as Exhibit 2 is a certified copy of a Complaint filed against Plaintiff in Dekalb Superior Court. The record of the Complaint has been truncated for convenience. Specifically, included is the Dekalb County Superior Court’s Certification, the first page of the Complaint, and Exhibit 1 and 2 to the Complaint in their entirety.

and Deb Danos has been called out for being untruthful in her sworn deposition testimony:

http://alley.ethercat.com/storage/RLUIPA/2011_02_16_82.pdf
Quote
Contrary to the sworn deposition testimony of Deborah Danos, the lease for the North Shallowford Road property was for a three (3) year and seven (7) month term ending on April 15, 2011, subject to an earlier termination provided certain conditions were met. Compare Exh. 2, p. 3, 17 with Doc. 44-1, p. 34-35. The lease demonstrates that, absent termination which could not have immediately occurred due to necessary construction at the new facility, Plaintiff was obligated to pay this rent irrespective of the City’s zoning decision.

How interesting it is when two lawsuits come together.   8-^*
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Offline SocialTransparency

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How interesting it is when two lawsuits come together.   8-^*

 Stay tuned for part 3! ;)

Offline Mary_McConnell

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A certified copy of this lawsuit has been entered into the RLUIPA lawsuit by the Defendant: http://alley.ethercat.com/storage/RLUIPA/2011_02_14_71.0.pdf

Quote
1 Attached as Exhibit 2 is a certified copy of a Complaint filed against Plaintiff in Dekalb Superior Court. The record of the Complaint has been truncated for convenience. Specifically, included is the Dekalb County Superior Court’s Certification, the first page of the Complaint, and Exhibit 1 and 2 to the Complaint in their entirety.

and Deb Danos has been called out for being untruthful in her sworn deposition testimony:

http://alley.ethercat.com/storage/RLUIPA/2011_02_16_82.pdf
Quote
Contrary to the sworn deposition testimony of Deborah Danos, the lease for the North Shallowford Road property was for a three (3) year and seven (7) month term ending on April 15, 2011, subject to an earlier termination provided certain conditions were met. Compare Exh. 2, p. 3, 17 with Doc. 44-1, p. 34-35. The lease demonstrates that, absent termination which could not have immediately occurred due to necessary construction at the new facility, Plaintiff was obligated to pay this rent irrespective of the City’s zoning decision.

How interesting it is when two lawsuits come together.   8-^*

:)
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Offline ethercat

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Church of Scientology of Georgia has filed a reply and a counterclaim: http://alley.ethercat.com/storage/10CV13242-4-009.pdf

Apparently, the staff member who received the service at the Winters Chapel location was Deb herself.

They say:
"Plaintiffs have acted with the utmost bad faith, have been stubbornly litigious, and have caused Defendant unnecessary trouble and expense...."

If that isn't the pot calling the kettle black, I don't know what is.   <--:D-->
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Offline mefree

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I guess someone is benefiting from all of these suits. $O$ $O$
The ultimate authority must always rest with the individual's own reason and critical analysis.
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