Sallie Mae Petition for Declaratory Judgment

8/13/2019 Sallie Mae Petition for Declaratory Judgment

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CIVIL JU GES DOCKETDate Filed 07-02-13Cause Number Type of Case

264814 0 Court 169 Suit on ContractStyle of Case.ql GREGOR'( _ J 3 ~ . 5 E . . - - - ~ - - ~ - - _________ ____________ . STEVEN J_: ' = _ ? _ S . I ~ L - - - - - - ~ - - - - - - -"(X)q t .. - \0 VSN SALLIE MAE INC r::-: .... . -------------- ..MANDA A WILLIAMS,YULANDER HONEYCUTT

_. - - ~ ~ ... - ---- ~ . ~ ---FKA.YULANDER DRAKE --Date of Orders Orders of CourtPlcuntiff t.: iHtl: iUHY DRAKE, STEVEN J. DODefendant SALLIE MAE INC AMANDA A WDefendant YULANDER HONEYCUTT,FKA YULANDER DRAKE07-02-13 COVER LETTER FOR REQUEST OF SERVICE BY DUSKIE07-02-13 ORIGINAL PETITION FOR DECLARATORY JUDGMENT BY - - - - - - - - - - - - - - - - - - ~ ~ ~ - _ . __

07-29-13 DEFENDANT SALLIE MAE, INC.'S ORIGINAL ANSWER1 BY AMANDA A W LLIAMS __ __ . __________ . -- ~ ~ ---- -- -

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Case 3:13-cv-03105-M Document 1-3 Filed 08/07/13 Page 2 of 14 PageID 11

. _ . ~ O ' ' P YI .3 1 < 1 ~Lindley Wiley &Duskie P.C.

James R. [email protected] 2, 2013Ms Shelia NormanDistrict ClerkP O Box 909Belton, TX 76513-0909

500 North oth StreetP.O. Box 1384Killeen Texas 76540 1384

254) 634-6969 .254 628 8o83Fax: 254) 634-6587Mary Lindley-WileyAttorney at [email protected]

Re: Gregory Drake v Sallie Mae INC. Yulander HoneycuttDear Ms. Shelia Norman:

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Enclosed please find an original and three copies of the Original Petition to be filed withthe court. Please issue citation for service upon Defendants, Sallie Mae at 350 N. St. Paul., Ste.

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2900, Dallas, TX 75201-4234 by certified mail, Yulander Honeycutt at 5007 John David Drive, IIApt A, Killeen, Texas and please place in ox 134 for personal service.Also enclosed please find a check for 310.00 for cost.Should you have any questions regarding this matter, please do not hesitate to contact this

office at the numbers listed above or through e-mail at [email protected].

Enclosures

S i ~ c e r ~ I J . . _, : . _ / ~ < - ) ~Eloisa PerezParalegal forSteven J. Duskie

,CERTIFIED O ~ Y

DOCUMENT ATTACHED IS ATRUE CORRECT COPYOF THE ORIGINAL ON FILE

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GREGORY DRAKEPlaintiff,v

NO.I 1

IN THE DISTRICT CO

f JUDICIAL DISTc.:ALLIE MAE, INC. YULANDERHONEYCUTT, Defendants

OF BELL COUNTY, X ~ORIGINAL PETITION

FORDECL R TORYJUDGMENT

TO THE HONORABLE JUDGE OF SAID COURT:NOW COMES Gregory Drake, Plaintiff herein, filing this Petition for Declaratory

Judgment, pursuant to the Texas Unifonn Declaratory Judgments Act, Chapter 37 of the TexasCivil Practice and Remedies Code, and would show the Court the following;

I. DISCOVERY CONTROL PLAN LEVELPlaintiff intends that discovery be conducted under Discovery Level 2

II. PARTIES AND SERVICEA Plaintiff, Gregory Drake brings this action individually. Plaintiff resides in Bell

County, Texas.B The last three numbers of Gregory Drake s social security number are 740.C Defendant Sallie Mae, Inc., a Corporation based in Texas, is organized under the

laws of the State of Texas, and service of process on the Defendant may be effected pursuant tosections 5 201 and 5.255 of the Texas Business Organizations Code, by serving the registeredagent of the corporation, CT Corporation System, at 350 N St Paul St., Ste. 2900, Dallas, TX7520 l 4 2 3 4 its registered office. Service of said Defendant as described above can e effectedby certified mail, return receipt requested.

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D. Yulander Honeycutt, fonnerly known as Yulander Drake, is Petitioner's ex-wife,and is an individual that resides at 5 1 John David Drive, Apt. A Killeen, Texas. Personalservice may e effected by serving her at that address.

III. JURISDICTION AND VENUEA. The subject matter in controversy is within the jurisdictional limits of this court.B. Plaintiff seeks:

1. monetary relief o 100,000 or less and non-monetary relief.C. This court has jurisdiction over the parties because Defendant is a Texas resident.D. Venue in Bell County is proper in this cause under Section 15.002(aXI) o the

Texas Civil Practice and Remedies Code because all or a substantial part o the events oromissions giving rise to this lawsuit occurred in this county.

IV. FACTSDefendant has alleged to Plaintiff Gregory Drake that he is a co-signor o student loans.

Mr. Drake has advised Defendant that he is not and was not a co-signor o any o the allegedstudent loans. Mr. Drake has provided infonnation to Defendant to substantiate that he did notco-sign any student loans however Defendant has refused to remove this obligation onPlaintiffs credit report. It is Plaintiff's understanding that his ex-wife, Defendant YulanderHoneycutt, signed his name and/or authorized his name to e placed on the student loans withoutPlaintiff's knowledge or approval. This is now causing harm to Plaintiff as it is affecting hiscredit and his ability to gain employment o his choosing.

V. RELIEF REQUESTEDThere exists a genuine controversy between the parties herein that would e terminated

by the granting o declaratory judgment. Plaintiff therefore requests that declaratory judgment

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be entered as follows:A. The Court declare and order that there is no contract between Gregory Drake and

Sailie Mae, Inc., and that Gregory Drake has no obligation to Sallie Mae, Inc. and that anyobligation between the parties is owed by Yulander Honeycutt to Sallie Mae, Inc.

VI. A TORNEY S FEESPursuant to Section 37.009 of the Texas Civil Practice and Remedies Code, request is

made for all costs and reasonable and necessary attorney's fees incurred by Plaintiff herein,including all fees necessary in the event of an appeal of this cause to the Court of Appeals andthe Supreme Court of Texas, as the Court deems equitable and just.

PRAYERWHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to

appear and answer herein, and that on final trial hereof declaratory judgment be granted asrequested herein and Plaintiffbe awarded costs and reasonable and necessary attorney's fees, andfor such other and further relief that may be awarded at law or in equity.

Respectfully submitted,Lindley, Wiley Duskie PC.

Attorneys at LawP.O. Box 1384Killeen, TX 7 6 5 4 ~ 1384Tel. (254) 634-6969Fax. (254) 634-6587Attorney for PlaintiffGregory Drake

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-----CERTIFIEO COttYDOCUMENT ,(\T i ACHEO IS ATRUE COR-:: ECT COPYOF THE OfHGINAL ON FILE

11 10 07 2013

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IVILCASE INFORMATION SHEET c 0'CAliSE NUMBER FOR CLERK USEONI.Y): ;iJ... H / 3t4- - COliRT FOR LERr USE ONLY): - L ~ ~ p L - q . . . : . . . . _

STYLED ORIGINAL PETITION FOR DEC LARA TORY JUDGMENTA civil case infonnation sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mentalhealth c:ase or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at

Name:STEVE J. DUSKJEAddress:P.O. Box 1.384CityfState/Zip:Killeen, TX 765491384

OConsumerfDTPA12 DebtfContractOFraudfMisrepresentationOoocr DebtfContract:

Foreclosure0Home Equity-ExpeditedOOtller ForeclosureOFranchiseOlnsurance~ d l o r d f f e n a n t0Non..Cornpetition0Partnership

Ootller Contract:

Email:[email protected]:(254) 634-6969Fax:(254) 6346587

Malpractice0Accounting0LegaJ0MediClllOOthet ProfeuionalLiability:0Motor Vehicle Accident0PremisesProduct LiabrlityOAsbestos/SiliCllOOtller Ptoduct LiabilityList Product:OOther Injury or Damage:

0Administrativc: Appeal0Antitrust UnfalrCompetition0Code Violations0Foreign JudgmentOlntellcctual Properly

Plaintift{s)fPetitioner(s):Gregory Drake

Pcfendant(s) Respondent(s): Additional Parties in Child Support Case:Custodial Parent:Sallie Mae Inc Yulaoder Honeycun

..... ...... ,w,.. DomainCondemnation0PartitionOQuiet Title0Trespass to Try TitleOOther Properly:

0Judgmcnt Nisi0NonDisclosure0Seizure/Forfeiture0Writ of Habeas Corpus-Pre-indictmentOOthtr:

0Lawyer DisciplineOPcrpc:tuatc ~ t i m o n y0Sec:uritiesr&ock.0Tortious lnterferenc


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CAUSE NO. 264814-C

GREGORY DRAKE,Plaintiff,

v

SALLIE MAE, INC. YULANDERHONEYCUTT,Defendants.

IN THE DISTRICT COURT

OF BELL COUNTY, TEXAS

169TH JUDICIAL DISTRICTDEFENDANT SALLIE MAE, INC.'S ORIGINAL ANWER

COMES NOW Defendant Sallie Mae, Inc. ( Sallie Mae ) and files its Answer toPlaintiff's Original Petition and would respectfully show the Court as follows:

I.GENERAL DENIALPursuant to Rule 9 of the Texas Rules of Civil Procedure, Defendant Sallie Mae

generally denies the allegations contained in Plaintiffs Original Petition ( Petition ) and anyamendment or supplement thereto, and demands strict proof by a preponderance of the credibleevidence.

IIAFFIRMATIVE AND OTH R DEFENSESAdditionally, without admitting that it carries the burden of proof as to any of the issues

raised thereby, Defendant Sallie Mae asserts the following separate and distinct defenses toPlaintiff's Petition and each purported cause of action therein and prays for judgment as set forthbelow.

Defendant Sallie Mae also hereby gives notice that it intends to rely upon such other andfurther defenses as may become available during investigation and discovery in this action.

DEFUlDANT S LLIE MAE, INC. S ORIGINAL ANSWER PAG


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Defendant Sallie Mae reserves the right to amend this General Denial to assert any suchdefenses, based on such investigation and discovery.

1 Plaintiffs claims are barred, in whole or in part, by his failure to allege factssufficient to constitute a cause o action.

2 Defendant Sallie Mae is infonned and believes, and on that basis alleges, thatPlaintiff has failed to take reasonable steps to mitigate his damages, i any. Accordingly,Plaintiff is barred from recovering any damages, or any recovery o damages must be reduced.

3 Plaintiffs claims are barred, in whole or in part, by the applicable statute olimitations.

4 Plaintiffs claims are barred, in whole or in part, to the extent that Plaintiff, byreason o his own conduct and actions, has waived any o his purported causes o action againstDefendant Sallie Mae.

5 Plaintiffs claims are barred, in whole or in part, by the doctrine o estoppel.6 Plaintiffs claims are barred, in whole or in part, by the doctrine o unclean hands.7 Plaintiff s claims are barred, in whole or in part, by the doctrine o avoidable

consequences.8 Plaintiffs claims are barred, in whole or in part, by the doctrine o laches.9 Plaintiffs claims against Defendant Sallie Mae are barred, in whole or in part,

because Plaintiff s alleged hann was caused by other parties and/or Plainti ffs own negligence,recklessness, and/or intentional wrongdoing in association with the transactions and eventsalleged in the Petition. Accordingly, Plaintiff is barred from receiving any recovery fromDefendant Sallie Mae, or any recovery should be proportionately reduced.

I0 Plaintiffs claims are barred, in whole or in part, because he consented to and

DEFENDANT SALLIE MAE INC S Oll/GINAL ANSWER PAGE]


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approved all of the acts and omissions about which he now complains.II Plaintiffs claims may be barred, in whole or in part, by the doctrines of r s

judicata and/or collateral estoppel.12. The Petition fails to join a necessary and indispensable party.13. Plaintiff s claims may be preempted in whole or in part by the Federal Higher

Education Act of 1965, 20 U.S.C. 1070, etseq. as amended, and applicable U.S. Departmentof Education regulations.

WHEREFORE, PREMISES CONSIDERED, Defendant Sallie Mae, Inc., prays thatPlaintiff take nothing by way of this lawsuit against it. Defendant Sallie Mae, Inc. prays for suchother and further relief, both at law and in equity, to which it may be justly entitled.

DEf.ENDANT SALLIE MA, INC. s ORIGINAL NSWER

Respectfully submitted,Is/Amanda A. WilliamsAmanda A. WilliamsTexas Bar No. 24065281OGLETREE DEAKINS, NASH, SMOAK

STEWART P.C.Preston Commons West 8117 Preston Road, Suite 500Dallas, TX 75225214.987.3800 (phone)214.987.3927 (fax)Amanda. wi [email protected] OR DEFENDANT SALLIEMAE, INC.

CERTIFIED COi YDOCUMENT ATTACHEO IS ATRUE O R ~ ~ E T COPYOF HIE ORIGINAL ON FILEf l l t 07 2 13


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CERTIFICATE O SERVICEI hereby certify that on this 29th day of July 2013 a true and correct copy of theforegoing document was served by certified mail return receipt requested on the following:

Steven J. DuskieLindley Wiley Duskie PCP.O. Box 1384Killeen TX 76540-1384

DEFENDANT SALLIE. MAE INC. S0RJG/NAL ANSWER

Is/Amanda A. WilliamsAmanda A Williams

15574400.1

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III I I U ~ IIIII I I ~ I ~ I I Ill IHIIIIIIIIU III I: : : 6 4 8 :1 4

server

ToSALLIE MAE INC350 N ST PAUL, STE 2900DALLAS, TEXAS 75201

THE STATE OF TEXASCITATION BY MAIL

Cause No. 264814 0

c:

Defendant, in the hereinaher styled and numbered cause:You are hereby commanded to appear by filing a written answer to the ORIGINAL PETITION FOR DECLARATORYJUDGMENT at or before 10:00 a.m. on the first Monday following the expiration of twenty 20) days from the date ofservice hereof, with the clerk of the 169TH DISTRICT COURT Bell County, Texas to be held at the Bell County JusticeComplex Building, District Courts in Belton Texas a copy of which accompanies this citation, in eause number 264814 0, styled ?; .-.

GREGORY DRAKE .Q ~ .., ...,vsSALLIE MAE INC JUl. 1 :.J:J

filed in the said court on July 02, 2013.This was issued at the request of attorney: STEVEN J. DUSKIE AITORNEYS AT LAW P ~ ~ l e e N r ~ ~ S76540.NOTICE TO Defendant: ou have been sued. ou may employ an attorney. t you, or your attorney, do not tflfl awritten answer with the clerk who luued this citation by 10:00 AM on the first Monday following thfJ expirationof twenty 20) clays after you were served this citation and petition, a default juclgrmmt may e taken agalnatyou.Witness Shelia Norman, District Clerk of Bell County Texas.Issued and given under my hand and seal of said Court at office in Belton Texas on July 02 2013.

Sheila Norman, District Clerk .Bell County Texas1201 West Huey RoadP.O. Box 909e l t ~By: . Deputy Clerk

DUNIVESA

CERTIFICATE OF DEUVt:BED Y MAILI ceritlfy that on 7/02/13 at 3:30pm I mailed by United States Postal Service in postage prepaid enveloPfis sent bycertified mail return receipt requested true copies of the foregoing citation along with a copy of the ORIGINAlPETITION FOR DECLARATORY JUDGMENT attached to each such citation, all in accordance with the District Clerkstandard mailing procedures, and property addressed to the following person and address:

7012 1010 0000 9601 3234 SD ClCM 2M814-c)SALUE MAE INC350 N ST PAUL STE 2900DALLAS TEXAS 75201

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Deputy Clerk


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Case 3:13-cv-03105-M Document 1-3 Filed 08/07/13 Page 12 of 14 PageID 21.I iiiiiiiiU 111111111111111111011111: Z E i4B : l . 4 I lt IIIIIR

GREGORY DRAKEVSSAL.L.IE MAE INCADDRESS FOR SERVICE:SAL.UE MAE INC350 N ST PAUL. STE 2900DALLAS, TEXAS ' 5201

RETURN OF CITATION BY CERTIFIED MAILCause No. 264814 0

IN THE169TH DISTRICT COURTBELLCOUNTV,TEXAS

Came to hand o July 02 2013 and executed by mailing to SALLIE MAE INC by certified mail return receipt requestedwith restricted delivery, a true copy of this citation together with an attached copy of ORIGINAL. PETITION FORDECL.ARATORV JUDGMENT to the above address.

_____This citation was not executed for the following r eason

BDC_CICM

To certify which witness my hand officiallySheila Norman District ClerkBell County, Texas '- 1201 West Huey RoadP.O. Box 909Belton Texas 76

ATTACH RETURN RECEIPT($) WITH ADDRESSEE'SSIGNATURES UNLESS DEL.IVE:RY UNSUCCESSFUL..

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Ill C o m ~ ltams 1 2 and3. Also completeItem 4 If Restrlated Dellvely Is desired.111 Print your name and addnle8 on the revereeso that we can return the card to you.

Ill AttiiCh thl8 card to the bllck of the mallpleceor on the front If space penntts.1. AJtWA A- - .

7012 1010 0000 9601 ~ SD OCM 264814--


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l l l l l l l l l l l l l ~ l ~ I l l ~Server BOX 134

ToYULANOER HONEYCUTT5007 JOHN DAVID DRIVE, APT AKILLEEN, TEXAS

THE STATE OF TEXASCITATION

Cause No. 264814 0

tIll~ T

Defendant, in the hereinafter styled and numbered cause: . . . .You are hereby commanded to appear by filing a written answer to the ORIGINAL PETITION OR DECLARATORYJUDGMENT at or before 10:00 a.m. on the first Monday following the expiration of twenty 20) days from the date ofservice hereof, with the clerk of the 169TH DISTRICT COURT, Bell County, Texas, to be held at the Bell County JusticeComplex Building, District Courts in Belton, Texas, a copy of which accompanies this citation, in the cause number264814 0, styledGREGORY DRAKEvsSALLIE MAE INC

filed in said court on July 02 2013.This was issued at the request of attorney: STEVEN J. DUSKIE, AITOANEYS AT LAW P.O. BOX 1384 KILLEEN, TEXAS76540.NOTICE TO Defendant: You have been sUBd You may employ an attorney. f you, or your attorney, do not file awritten answer with the clerk who Issued this citationby 10:00 AMon the first Monday following the expirationoftwenty 20) days afteryou were served this citat ion snd petition, s default judgmentmay e taken against you.Witness, Shelia Norman, District Clerk of Bell County, Texas.Issued and given under my hand and seal of said Court at office In Belton, Texas, on July 02, 2013.

Sheila Norman, District ClerkBell County, Texas 1201 West Huey RoadP.O. Box909Bel Tex 513 ~.s::.;;:Qeputy Clerk

Clerk sCopy

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Documents

Sallie Mae Petition for Declaratory Judgment