NO. XXXXXXXXX XXXXX, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF LARRY ZEIGLER Plaintiff, V.

XXXXXX AND THE TEXAS DEPARTMENT OF MOTOR VEHICLES Defendants. IN THE DISTRICT COURT

OF XXXXXXX COUNTY

XXXTH JUDICIAL DISTRICT

DEFENDANTS ORIGINAL ANSWER AND COUNTER-CLAIMS FOR DECLARATORY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES XXXXXX, Defendant herein, filing this Answer and Counterclaims for Declaratory Judgment, pursuant to the Texas Uniform Declaratory Judgments Act, Chapter 37 of the Texas Civil Practice and Remedies Code, and would show the Court the following: I. 1. ANSWER - GENERAL DENIAL

Defendant denies each and every allegation of Plaintiff's Original Petition, and

demands strict proof thereof as required by the Texas Rules of Civil Procedure. II. 2. AFFIRMATIVE DEFENSES

Settlement/Waiver Defendant lived in an RV with Plaintiffs father. After

Plaintiffs father died, Defendant appeared at the RV and demanded personal belongings to his father. In discussion between the parties, they agreed that Defendant would give Plaintiff an undisclosed amount of gold coin valued at more than $250,000 that Defendant and Plaintiffs father had accumulated, and Plaintiff would contest Defendants claim to

the RV and personal property within it. The parties traveled to an office where Plaintiff signed a vehicle transfer form to assign the RV to Defendant; the form was notarized and is attached as Exhibit A. Plaintiff has therefore waived any claim for the RV or any personal property previously belonging to his father that was used communally by Defendant and Plaintiffs father, or was part of their household. III. DISCOVERY CONTROL PLAN LEVEL 3. Defendant intends that discovery be conducted under Discovery Level 2. IV. PARTIES AND SERVICE 4. Defendant/Counter-Plaintiff, XXXXXXXXXXX brings this action individually;

Plaintiff resides in Tarrant County, Texas. The last three digits of the driver's license number of XXXXXX are XXXXX. The last three digits of the social security number for XXXXXXXXXX are XXXXX. 5. Counter-Defendant XXXXXXXXX, an Individual who is a resident of Colorado,

may be served by and through his attorney, XXXXXXXXX, who has previously appeared in this action, and can accept service at his office, located at XXXXXXXXXXXXXX. XXXX is also representing the estate of his father, XXXXXXXXX, as its administrator. V. 6. JURISDICTION AND VENUE

The subject matter in controversy is within the jurisdictional limits of this court.

7. This court has jurisdiction over the parties because Defendant is a Texas resident. 8. Plaintiff has established venue in Tarrant County, so venue for the counterclaims is

also properly in Tarrant County under TEX. CIV. PRAC. & REM. CODE 15.062(a).

VI. FACTS

9.

XXXXXXXXX and YYYYYYYYYYY met approximately six years go. They

developed a common law marriage. They traveled in a recreational vehicle, XXXXXXXXXXX, VIN #XXXXXXXXX (the RV). During this time, XXXX modified trucks and Arlene worked as a travel nurse. 10. XXXXXXXXX intended to give XXXXXXXXX the RV, but the title to the XXX

was not changed before his untimely death. After XXXXXXXXX died, his son, XXXXXXXXXXX, Plaintiff/Counter-Defendant in this action, obtained title to the RV. 11. After Defendant's father died, Defendant appeared at the address of the RV and

after threatening XXXXX with homelessness if she kept him from taking an undisclosed amount of gold coins, valued at least at $250,000 from the RV. 12. Plaintiff also took items with him that were not owned by Plaintiffs father, and

Plaintiff has not even a colorable claim to them. Among these items include a XXX. YYYY and ZZZZ. These items were not in the RV, but in a Volvo semi-tractor that pulled the RV. Plaintiff has refused to give those items back to Defendant. VII. CLAIM QUIET TITLE 13. Counter-Defendant XXXXX signed reassignment papers providing ownership of

the TV to Counter-Plaintiff. 14. XXXX then sued for title of the RV, acting with malice and knowing that he had

already given the RV to Counter-Defendant. 15. XXXXXXXXXs claim is preventing Counter-Plaintiff from registering the RV.

16. XXXXXX has acted with malice throughout these proceedings, threatening a 62-year-old woman with homelessness. VIII. CLAIM SLANDER OF TITLE

17.

Counter-Defendant XXXXX signed reassignment papers providing ownership of

the TV to Counter-Plaintiff. 18. XXXX then sued for title of the RV, acting with malice and knowing that he had

already given up the RV to Counter-Defendant. 19. 20. XXXXXs claim is preventing Counter-Plaintiff from registering the RV. XXXXXXXXX has acted with malice throughout these proceedings, threatening a

62-year-old woman with homelessness. IX. CLAIM VIOLATION OF THE THEFT LIABILITY ACT 21. Counter-Defendant XXXXXXXXXX took a Honda generator valued at $1000 and

a six-drawer Craftsman tool chest with tools valued at $2000 that belongs to Counter-Plaintiff, in violation of the Theft Liability Act, causing the loss of the value of these goods. X. 22. CLAIM - CONVERSION

Counter-Defendant XXXXXX wrongfully exercised dominion over personal

property detailed in the previous paragraph belonging to Counter-Plaintiff without authorization, causing direct and consequential damages to her, she asked for the property back, and XXXXXXXXX refused. XI. CLAIM EXEMPLARY DAMAGES 23. Counter-Defendant XXXXX is financially successful and of substantial worth,

who has acted maliciously against Counter-Plaintiff, age 62, overreaching her and threatening her with homelessness. These actions were made willfully, intentionally, with actual awareness, and with the specific and predetermined intention of hurting Counter-Plaintiff for no other reason than to hurt her. In order to punish

Counter-Defendant XXXXXXXXX for such unconscionable overreaching and to deter such actions in the future, Counter-Plaintiff seeks recovery from Defendant for exemplary damages as provided by TEX. CIV. PRAC. & REM. CODE 41.003(1). XII. ACTUAL DAMAGES 24. Counter-Plaintiff sustained the following damages as a result of

Counter-Defendants behavior: a. Generator the generator costs $1295 new, and had a value of $1000 at the time of conversion. b. Craftsman Tool Chest Counter-Plaintiff is knowledgeable about the value of the tool chest and tools taken by Counter-Defendant, and estimates that value at $2000. XIII. RELIEF REQUESTED There exists a genuine controversy between the parties herein that would be terminated by the granting of declaratory judgment. Plaintiff therefore requests that declaratory judgment be entered as follows: a. Replevin of the Craftsman tool chest, or $2000. b. Replevin of the generator, or $1000. c. Attorney fees as detailed in the following paragraph. d. Uncontroverted ownership and title of the RV. XIV. ATTORNEY'S FEES Pursuant 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 and the Supreme Court of Texas, as the Court deems equitable and just. XV. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to appear and answer herein, and that on final trial hereof declaratory judgment be granted as requested herein and Plaintiff be awarded costs and reasonable and necessary attorney's fees, and for such other and further relief that may be awarded at law or in equity. Respectfully submitted,

By: XXXXXXXXXXXX WWW, ZYYYY CERTIFICATE OF SERVICE I certify that on August 31, 2010, a true and correct copy of Defendants Original Answer was served to Plaintiffs Counsel, XXXX at XXXXXXXXX.

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