Preview
Electronically Filed Filed
3/18/2020 1:59 PM
7/20/2020 8:59 AM Anne Lorentzen
Hidalgo County District Clerks District Clerk
C-2477-20-L Nueces County, Texas
Reviewed By: Armando Cantu
NO. - 2020DCV-0713-B
STEVE LEWIS, LLC § IN THE DISTRICT COURT
PLAINTIFF §
§
V. § OF THE 117™ JUDICIAL DISTRICT
§
KOEPKE, INC. §
DEFENDANT § NUECES COUNTY, TEXAS
DEFENDANT’S MOTION TO TRANSFER VENUE AND
in the alternative
ORIGINAL ANSWER & COUNTERCLAIM-PETITION
COMES NOW, KOEPKE INC., AND makes this MOTION TO
TRANSFER VENUE AND subject to the Motion to Transfer venue, the
ORIGINAL ANSWER against the alleged claim against the Defendant,
KOEPKE INC., incorporated in the State of Texas. Additionally and subject
to The Defendant, KOEPKE INC. has a counterclaim against the Plaintiff,
STEVE LEWIS, LLC a.k.a. STEVE LEWIS, INC. The defendant will show
that it is now is forced to file a counterclaim for based on the Plaintiffs wrongful
collection action and conduct as based on the following herein included below:
DEFENDANT’S MOTION TO TRANSFER VENUE
Defendant, KOEPKE INC., makes this Motion to Transfer Venue, formerly
known as a Plea of Privilege, asserting its right to be sued in Hidalgo County,
Texas, the county of Defendant's residence and does not do business in NUECES
COUNTY, TEXAS. Hidalgo County, Texas in which the cause of action, if any,
arose. Defendant was and is not a resident of NUECES COUNTY, TEXAS , nor did
the cause of action complained of by Plaintiff arise in NUECES COUNTY, TEXAS,
the county in which Plaintiff's suit was instituted.
Il.
Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2477-20-L
The substance of Plaintiff's complaint as stated in Plaintiffs Original Petition
arose in Hidalgo County, Texas when the Plaintiff's Seller Agent was calling on
the Defendant in Mission, TX. The cause of action complained of by Plaintiff, if
any, arose in Hidalgo County, Texas and the alleged promissory note was signed
in same, therefore the substances of this suit was commenced and is accordingly, in
Hidalgo County, Texas.
Further, the Defendant's business records and material witnesses to the
above entitled and numbered cause of action are located in Hidalgo County,
Texas
Further more, Defendant respectfully requests that this Court sustain
Defendant's Motion to Transfer Venue, and transfer the cause to the District Court
of Hidalgo County, Texas taxing costs incurred herein against Plaintiff; and that
Defendant have such other and further relief to which Defendant may be justly
entitled for having to file its responses.
All of the occurrences that are the bases of the alleged Plaintiff case
happen in Hidalgo County, Texas, including solicitation by Steve Lewis agents
and nothing happen in Nueces County. The venue is not proper in Nueces
County, Texas.
In the alternative, but without limiting or waiving Defendant's Motion to
Transfer Venue, Defendant asserts a general denial and specific denial as
authorized by Texas Rule of Civil Procedure and respectfully requests that Plaintiff
be required to prove the charges and allegations against Defendant by a
preponderance of the evidence as required by the Constitution and laws of the State
of Texas as per the below:
SPECIAL EXCEPTION -
Electronically Filed
7/20/2020 8:59 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2477-20-L
Subject to the venue objection above and in the alternative as follows:
Steve Lewis LLC’s Petition makes several overly broad claims without detail
information and/or any calculation of their alleged due as per their alleged
PROMISSORY NOTE. Therefore, the alleged note was not properly proven up
and that the alleged balance was not verified as requested and therefore the
promissory note is not accurate and is the representation that the alleged
outstanding balance is true and correct if false. Additionally, the Plaintiffs
Petition is over broad and nonspecific as detail surrounding the alleged note are not
included, so that the Defendant/Counter-Plaintiff can make a proper response.
BACKGROUND FACTS
Subject to the venue objection above and in the alternative as follows:
Lewis Mechanical Sales Texas Airsystems, Inc. did sell goods and service to
the Defendant company, Koepke Inc., or about 06/07/2016 for a construction
site herein and referred to as Raider Superior Surgery. Raider Superior
Surgery allegedly paid the general contractor without making sure that the
general contractor was paying the subcontractors.
Koepke Inc, due to the delay in payment for his work and materials, was
forced to timely file materialmen’s lien on the Raider Superior Surgery
construction project and did give timely notice to Plaintiff and its supplier.
Steve Lewis Inc. due to the delay in payment to him from Koepke Inc was
forced to timely file materialmen’s lien on the Raider Superior Surgery
construction project.
Neither party got paid adequately for as per their liens and finally on
February 5, 2018, a mediated partial settlement with all parties was reached,
Electronically Filed
7/20/2020 8:59 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2477-20-L
whereas the Defendant was forced under duress to accept partial payment as
payment in full.
After the settlement, the Plaintiff alter-ego demanded that the Defendant
sign a new note to the new LLC in McAllen, Texas after the fact without any
consideration.
COUNTERCLAIM DEFENDANT NAME:
Steve Lewis, LLC a.k.a. Steve Lewis Inc.
DEFENDANT’S ORIGINAL ANSWER
Subject to the venue objection above and in the alternative as follows:
1 This Defendant denies each and every allegation of the Plaintiff and request
that the Plaintiff take nothing. Further, this is also a counterclaim against the
Plaintiff, Steve Lewis LLC a.k.a. Steve Lewis Inc. for its attempt to wrongfully
harm and abuse Defendant. Defendant, Koepke Inc. has as harassed by the
Plaintiff by wrongful collection activity against the Defendant and by the Plaintiff
collection business particles that were misleading and probably fraudulent in their
nature, If not intentionally, then with negligent conduct. There was original note as
part of a Texas Material Mens Mechanic Lien to Steve Lewis Inc, made to the
Plaintiff in order to get a partial settlement. It was represented that by Steve Lewis
LLC a.k.a. Steve Lewis Inc that if Koepke Inc would resign a promissory note to
Steve Lewis LLC, instead of Steve Lewis Inc, that the new company, ie Plaintiff
would be able to work with the Defendant/Counter-Plaintiff in a more flexible
manner. Additionally, Defendant was under duress when he was forced to signed
the ambigues promissory note.
DEFENDANT’S COUNTER CLAIM
Electronically Filed
7/20/2020 8:59 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2477-20-L
Subject to the venue objection & special exception above:
| The alleged debt to Steve Lewis, LLC a.k.a. Steve Lewis Inc is a disputed
account inherent in their alleged promissory note. Therefore, the alleged amount is
not just, not correct, and not fair, especially as to an $18,000 amount of alleged
attorney fees wrongfully put into the promissory note balance. However, once the
terms of the note were examined, later the Defendant realized that the $18,000 was
added without their knowing consent. Koepke Inc later realized later that the
unauthorized charges by Steve Lewis, LLC a.k.a. Steve Lewis Inc like charges,
interest, and penalty were not properly identified or disclosed and were not agreed
knowing agreed upon, but are included in the Plaintiffs amount due calculations.
Without a verification or detail break down of the alleged outstanding amounts
claimed by Plaintiff, the Defendant can not agree that he owes this money.
Further, Steve Lewis Inc, then and later Steve Lewis, LLC lack of full disclosure
as to their verifications of their calculations in their Petition violates State &
Federal Law.
3 The Defendant/Counter-Plaintiff tried to keep Steve Lewis, LLC a.k.a. Steve
Lewis Inc advised of their financial situation and condition. Even in light of their
$100,000 loss even after their partial settlement with the owners of the building
and property, the Plaintiffs would not work with the Defendants. Defendant/-
Counter-Plaintiff attempted to get a clear detail verifiable breakdown of the
amount alleged to be outstanding by Plaintiff, but to no avail.
4 Counter-Defendant hereby sues as the Plaintiff/Counter-Defendant for
wrongfully suing without proper and adequate notice to Defendant. Additionally,
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2477-20-L
Plaintiff wrongfully sued the Defendant, along the fact that Plaintiff did attempt to
mitigate any damage to the Counter-Plaintiffs as follows:
a. did not apply proper outstanding credits to their alleged outstanding
amount and would not verify the balance calcations.
b. did not allow or offer any alternative solution, except instead filed this
lawsuit without a proper assignment from Steve Lewis Inc to Steve Lewis
LLC.
Cc did wrongfully participate in wrongful collection action to occur as there
was no consideration after the fact to Koepke Inc for resigning a new promissory
note, except for the oral representations that they would lower the monthly
payments and/or agree to forbear collection action until Koepke Inc could get back
on the feet.
d. did wrongfully not allow for all proper offsets and credits.
e did wrongfully violate all of their previous representations as to working
with the Defendant which includes false, misleading, and deceptive conduct.
5 Plaintiff/Counter-Defendant terrorized the Counter-Plaintiff with their
various wrongful and harmful tactics causing harm to Counter-Plaintiff. Further,
Counter Defendant has been attempting to defame the Counter-Plaintiff’s business
reputation. Again, Counter-Plaintiff/Defendant did not provide or did not properly
give demand notice to the Defendant Counter-Plaintiff that Steve Lewis, LLC
a.k.a. Steve Lewis Inc were processing to file a lawsuit as required by note and
state & federal law. Further, the wrongful collection action and conduct by
Plaintiff was the proximate cause of harm to the Defendant/Counter-Plaintiff and
has delayed the Defendant/Counter-Plaintiff in their financial recovery from over
$100,000 loss on the same project, even after settlement, causing the serious harm
to the Defendant/Counter-Plaintiff.
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2477-20-L
6 Counter-Plaintiff demand and prays for reimburse by the Counter-Defendant
for the essential and necessary attorney fees as provide to the Defendant/ Counter-
Plaintiff. Plaintiff, if not intentionally, then negligently Steve Lewis has proceed in
such away to cause harm and detriment Steve Lewis, LLC a.k.a. Steve Lewis Inc.. .
7 Counter-Plaintiff hereby demands his right for a jury trial and has
tender the fee with this filing.
DEFENDANT/ANSWER &
COUNTER-PLAINTIFF’S PRAYER
The Court is hereby asked to rule that Plaintiff, Steve Lewis take nothing
based on their alleged note being invalid and the collection conduct of the Plaintiff
being wrongful and/or abusive conduct.. Further, that the Counter-Defendant,
Steve Lewis, LLC a.k.a. Steve Lewis Inc. be order to pay the Plaintiff/Counter-
Defendant damages as follows:
a. Pay and reimburse Defendant all of its wrongful charges to the
Steve Lewis LLC a.k.a. Steve Lewis Inc. or to zero out the alleged
balance Plaintiff claims is due by Defendant.
b. Pay and reimburse Counter-Plaintiff monies in repair and extra
cost that the Plaintiff has caused, And for the mental anguish this
lawsuit has caused the Defendant/Counter-Plaintiff.
c. Pay and reimburse the Counter-Plaintiff for expenses that are just
& fair.
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2477-20-L
d. Pay reasonable attorney's fees in the amount of expenses that are
just & fair.
Respectfully submitted,
/s/ Thomas G Wayland
Signature on file
WAYLAND LAW OFFICE
Attorney for Defendant-
/Counter Plaintiff
1630 North 10th St
MCALLEN, TX 78501
Tel: (956) 682-3443
thomasgwayland@yahoo.com
CERTIFICATE OF SERVICE
I, THOMAS G. WAYLAND, do hereby certify that a true and correct copy
of the foregoing instrument was served upon the below named attorney on or
before March 18, 2020:
Attorney Van Huseman-SBN# 24116541
Huseman Law Firm
615 North Upper Broadway, Suite 2000
Corpus Christi, TX 78401-0781
1-361-883-3563-phone
1-361883-0210-fax
vhuseman@husemanlawfirm.com E-Mail:
/s/ Thomas G Wayland
Thomas G. Wayland
Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2477-20-L
STATE OF TEXAS §
§ VERIFICATION
COUNTY OF HIDALGO §
On this day Koepke Inc. By and through their President, Tom denies that
she owes Steve Lewis LLC anything because Steven Lewis Inc was the seller of
goods and services to them, not Steve Lewis LLC. Koepke Inc has appeared
subject to their venue objection and their special exceptions based on this
document and therefore, after being placed under oath, deposed and said:
"My name is Tom Koepke, President of Koepke Inc. and I was forced to
secure the legal services of Wayland Law Office to help in my defense and
protection of my rights in this case. This case documents & its contents does
summarize or restatement of the true facts contained in this Defendant’s Original
Answer & Counterclaim Petition as in the answer & counter petition they are
within my personal knowledge the contents of this document are true and correct.”
/s/ Tom Koepke
Koepke Inc, Tom Koepke, President
SWORN TO AND SUBSCRIBED BEFORE ME, on or before March 18,
2020 by Koepke Inc, - Tom Koepke, President.
/s/ TG Wayland-signature on file
Stamp TEXAS NOTARY PUBLIC
1630 North 10" Street
McAllen, TX 78501
Preview
Electronically Filed Filed 3/18/2020 1:59 PM 7/20/2020 8:59 AM Anne Lorentzen Hidalgo County District Clerks District Clerk C-2477-20-L Nueces County, Texas Reviewed By: Armando Cantu NO. - 2020DCV-0713-B STEVE LEWIS, LLC § IN THE DISTRICT COURT PLAINTIFF § § V. § OF THE 117™ JUDICIAL DISTRICT § KOEPKE, INC. § DEFENDANT § NUECES COUNTY, TEXAS DEFENDANT’S MOTION TO TRANSFER VENUE AND in the alternative ORIGINAL ANSWER & COUNTERCLAIM-PETITION COMES NOW, KOEPKE INC., AND makes this MOTION TO TRANSFER VENUE AND subject to the Motion to Transfer venue, the ORIGINAL ANSWER against the alleged claim against the Defendant, KOEPKE INC., incorporated in the State of Texas. Additionally and subject to The Defendant, KOEPKE INC. has a counterclaim against the Plaintiff, STEVE LEWIS, LLC a.k.a. STEVE LEWIS, INC. The defendant will show that it is now is forced to file a counterclaim for based on the Plaintiffs wrongful collection action and conduct as based on the following herein included below: DEFENDANT’S MOTION TO TRANSFER VENUE Defendant, KOEPKE INC., makes this Motion to Transfer Venue, formerly known as a Plea of Privilege, asserting its right to be sued in Hidalgo County, Texas, the county of Defendant's residence and does not do business in NUECES COUNTY, TEXAS. Hidalgo County, Texas in which the cause of action, if any, arose. Defendant was and is not a resident of NUECES COUNTY, TEXAS , nor did the cause of action complained of by Plaintiff arise in NUECES COUNTY, TEXAS, the county in which Plaintiff's suit was instituted. Il. Electronically Filed 7/20/2020 8:59 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2477-20-L The substance of Plaintiff's complaint as stated in Plaintiffs Original Petition arose in Hidalgo County, Texas when the Plaintiff's Seller Agent was calling on the Defendant in Mission, TX. The cause of action complained of by Plaintiff, if any, arose in Hidalgo County, Texas and the alleged promissory note was signed in same, therefore the substances of this suit was commenced and is accordingly, in Hidalgo County, Texas. Further, the Defendant's business records and material witnesses to the above entitled and numbered cause of action are located in Hidalgo County, Texas Further more, Defendant respectfully requests that this Court sustain Defendant's Motion to Transfer Venue, and transfer the cause to the District Court of Hidalgo County, Texas taxing costs incurred herein against Plaintiff; and that Defendant have such other and further relief to which Defendant may be justly entitled for having to file its responses. All of the occurrences that are the bases of the alleged Plaintiff case happen in Hidalgo County, Texas, including solicitation by Steve Lewis agents and nothing happen in Nueces County. The venue is not proper in Nueces County, Texas. In the alternative, but without limiting or waiving Defendant's Motion to Transfer Venue, Defendant asserts a general denial and specific denial as authorized by Texas Rule of Civil Procedure and respectfully requests that Plaintiff be required to prove the charges and allegations against Defendant by a preponderance of the evidence as required by the Constitution and laws of the State of Texas as per the below: SPECIAL EXCEPTION - Electronically Filed 7/20/2020 8:59 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2477-20-L Subject to the venue objection above and in the alternative as follows: Steve Lewis LLC’s Petition makes several overly broad claims without detail information and/or any calculation of their alleged due as per their alleged PROMISSORY NOTE. Therefore, the alleged note was not properly proven up and that the alleged balance was not verified as requested and therefore the promissory note is not accurate and is the representation that the alleged outstanding balance is true and correct if false. Additionally, the Plaintiffs Petition is over broad and nonspecific as detail surrounding the alleged note are not included, so that the Defendant/Counter-Plaintiff can make a proper response. BACKGROUND FACTS Subject to the venue objection above and in the alternative as follows: Lewis Mechanical Sales Texas Airsystems, Inc. did sell goods and service to the Defendant company, Koepke Inc., or about 06/07/2016 for a construction site herein and referred to as Raider Superior Surgery. Raider Superior Surgery allegedly paid the general contractor without making sure that the general contractor was paying the subcontractors. Koepke Inc, due to the delay in payment for his work and materials, was forced to timely file materialmen’s lien on the Raider Superior Surgery construction project and did give timely notice to Plaintiff and its supplier. Steve Lewis Inc. due to the delay in payment to him from Koepke Inc was forced to timely file materialmen’s lien on the Raider Superior Surgery construction project. Neither party got paid adequately for as per their liens and finally on February 5, 2018, a mediated partial settlement with all parties was reached, Electronically Filed 7/20/2020 8:59 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2477-20-L whereas the Defendant was forced under duress to accept partial payment as payment in full. After the settlement, the Plaintiff alter-ego demanded that the Defendant sign a new note to the new LLC in McAllen, Texas after the fact without any consideration. COUNTERCLAIM DEFENDANT NAME: Steve Lewis, LLC a.k.a. Steve Lewis Inc. DEFENDANT’S ORIGINAL ANSWER Subject to the venue objection above and in the alternative as follows: 1 This Defendant denies each and every allegation of the Plaintiff and request that the Plaintiff take nothing. Further, this is also a counterclaim against the Plaintiff, Steve Lewis LLC a.k.a. Steve Lewis Inc. for its attempt to wrongfully harm and abuse Defendant. Defendant, Koepke Inc. has as harassed by the Plaintiff by wrongful collection activity against the Defendant and by the Plaintiff collection business particles that were misleading and probably fraudulent in their nature, If not intentionally, then with negligent conduct. There was original note as part of a Texas Material Mens Mechanic Lien to Steve Lewis Inc, made to the Plaintiff in order to get a partial settlement. It was represented that by Steve Lewis LLC a.k.a. Steve Lewis Inc that if Koepke Inc would resign a promissory note to Steve Lewis LLC, instead of Steve Lewis Inc, that the new company, ie Plaintiff would be able to work with the Defendant/Counter-Plaintiff in a more flexible manner. Additionally, Defendant was under duress when he was forced to signed the ambigues promissory note. DEFENDANT’S COUNTER CLAIM Electronically Filed 7/20/2020 8:59 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2477-20-L Subject to the venue objection & special exception above: | The alleged debt to Steve Lewis, LLC a.k.a. Steve Lewis Inc is a disputed account inherent in their alleged promissory note. Therefore, the alleged amount is not just, not correct, and not fair, especially as to an $18,000 amount of alleged attorney fees wrongfully put into the promissory note balance. However, once the terms of the note were examined, later the Defendant realized that the $18,000 was added without their knowing consent. Koepke Inc later realized later that the unauthorized charges by Steve Lewis, LLC a.k.a. Steve Lewis Inc like charges, interest, and penalty were not properly identified or disclosed and were not agreed knowing agreed upon, but are included in the Plaintiffs amount due calculations. Without a verification or detail break down of the alleged outstanding amounts claimed by Plaintiff, the Defendant can not agree that he owes this money. Further, Steve Lewis Inc, then and later Steve Lewis, LLC lack of full disclosure as to their verifications of their calculations in their Petition violates State & Federal Law. 3 The Defendant/Counter-Plaintiff tried to keep Steve Lewis, LLC a.k.a. Steve Lewis Inc advised of their financial situation and condition. Even in light of their $100,000 loss even after their partial settlement with the owners of the building and property, the Plaintiffs would not work with the Defendants. Defendant/- Counter-Plaintiff attempted to get a clear detail verifiable breakdown of the amount alleged to be outstanding by Plaintiff, but to no avail. 4 Counter-Defendant hereby sues as the Plaintiff/Counter-Defendant for wrongfully suing without proper and adequate notice to Defendant. Additionally, Electronically Filed 7/20/2020 8:59 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2477-20-L Plaintiff wrongfully sued the Defendant, along the fact that Plaintiff did attempt to mitigate any damage to the Counter-Plaintiffs as follows: a. did not apply proper outstanding credits to their alleged outstanding amount and would not verify the balance calcations. b. did not allow or offer any alternative solution, except instead filed this lawsuit without a proper assignment from Steve Lewis Inc to Steve Lewis LLC. Cc did wrongfully participate in wrongful collection action to occur as there was no consideration after the fact to Koepke Inc for resigning a new promissory note, except for the oral representations that they would lower the monthly payments and/or agree to forbear collection action until Koepke Inc could get back on the feet. d. did wrongfully not allow for all proper offsets and credits. e did wrongfully violate all of their previous representations as to working with the Defendant which includes false, misleading, and deceptive conduct. 5 Plaintiff/Counter-Defendant terrorized the Counter-Plaintiff with their various wrongful and harmful tactics causing harm to Counter-Plaintiff. Further, Counter Defendant has been attempting to defame the Counter-Plaintiff’s business reputation. Again, Counter-Plaintiff/Defendant did not provide or did not properly give demand notice to the Defendant Counter-Plaintiff that Steve Lewis, LLC a.k.a. Steve Lewis Inc were processing to file a lawsuit as required by note and state & federal law. Further, the wrongful collection action and conduct by Plaintiff was the proximate cause of harm to the Defendant/Counter-Plaintiff and has delayed the Defendant/Counter-Plaintiff in their financial recovery from over $100,000 loss on the same project, even after settlement, causing the serious harm to the Defendant/Counter-Plaintiff. Electronically Filed 7/20/2020 8:59 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2477-20-L 6 Counter-Plaintiff demand and prays for reimburse by the Counter-Defendant for the essential and necessary attorney fees as provide to the Defendant/ Counter- Plaintiff. Plaintiff, if not intentionally, then negligently Steve Lewis has proceed in such away to cause harm and detriment Steve Lewis, LLC a.k.a. Steve Lewis Inc.. . 7 Counter-Plaintiff hereby demands his right for a jury trial and has tender the fee with this filing. DEFENDANT/ANSWER & COUNTER-PLAINTIFF’S PRAYER The Court is hereby asked to rule that Plaintiff, Steve Lewis take nothing based on their alleged note being invalid and the collection conduct of the Plaintiff being wrongful and/or abusive conduct.. Further, that the Counter-Defendant, Steve Lewis, LLC a.k.a. Steve Lewis Inc. be order to pay the Plaintiff/Counter- Defendant damages as follows: a. Pay and reimburse Defendant all of its wrongful charges to the Steve Lewis LLC a.k.a. Steve Lewis Inc. or to zero out the alleged balance Plaintiff claims is due by Defendant. b. Pay and reimburse Counter-Plaintiff monies in repair and extra cost that the Plaintiff has caused, And for the mental anguish this lawsuit has caused the Defendant/Counter-Plaintiff. c. Pay and reimburse the Counter-Plaintiff for expenses that are just & fair. Electronically Filed 7/20/2020 8:59 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2477-20-L d. Pay reasonable attorney's fees in the amount of expenses that are just & fair. Respectfully submitted, /s/ Thomas G Wayland Signature on file WAYLAND LAW OFFICE Attorney for Defendant- /Counter Plaintiff 1630 North 10th St MCALLEN, TX 78501 Tel: (956) 682-3443 thomasgwayland@yahoo.com CERTIFICATE OF SERVICE I, THOMAS G. WAYLAND, do hereby certify that a true and correct copy of the foregoing instrument was served upon the below named attorney on or before March 18, 2020: Attorney Van Huseman-SBN# 24116541 Huseman Law Firm 615 North Upper Broadway, Suite 2000 Corpus Christi, TX 78401-0781 1-361-883-3563-phone 1-361883-0210-fax vhuseman@husemanlawfirm.com E-Mail: /s/ Thomas G Wayland Thomas G. Wayland Electronically Filed 7/20/2020 8:59 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2477-20-L STATE OF TEXAS § § VERIFICATION COUNTY OF HIDALGO § On this day Koepke Inc. By and through their President, Tom denies that she owes Steve Lewis LLC anything because Steven Lewis Inc was the seller of goods and services to them, not Steve Lewis LLC. Koepke Inc has appeared subject to their venue objection and their special exceptions based on this document and therefore, after being placed under oath, deposed and said: "My name is Tom Koepke, President of Koepke Inc. and I was forced to secure the legal services of Wayland Law Office to help in my defense and protection of my rights in this case. This case documents & its contents does summarize or restatement of the true facts contained in this Defendant’s Original Answer & Counterclaim Petition as in the answer & counter petition they are within my personal knowledge the contents of this document are true and correct.” /s/ Tom Koepke Koepke Inc, Tom Koepke, President SWORN TO AND SUBSCRIBED BEFORE ME, on or before March 18, 2020 by Koepke Inc, - Tom Koepke, President. /s/ TG Wayland-signature on file Stamp TEXAS NOTARY PUBLIC 1630 North 10" Street McAllen, TX 78501