On October 05, 2017 a
Answer
was filed
involving a dispute between
Action Premier Hauling Inc,
Coleman, Kelly,
and
Board Of Trustees Of The Pines Condominium Association Inc,
Cummings, Robert,
Nassar, Emile,
Coleman, Kelly,
Creative Management Company,
Omega Contractors,
Santino, Laska,
Unknown Foundation Repair Company,
Wolfe, Bob,
Wolfe, Robert,
for OTHER CIVIL
in the District Court of Harris County.
Preview
M2-1557.1
CASE NO. 2017-66216
KELLY COLEMAN IN THE DISTRICT COURT
VS.
EMILE NASSAR, ROBERT 157™ JUDICIAL DISTRICT
CUMMINGS, AND THE BOARD OF
TRUSTEES OF THE PINES
CONDOMINIUM ASSOCIATION,
INC.
mn ar En un in un ED
HARRIS COUNTY, TEXAS
ROBERT CUMMINGS’ ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Robert Cummings (“Cummings”), Defendant herein, and files this his
ORIGINAL ANSWER, and for such would respectfully show unto this Honorable Court as follows:
di. Subject to such special exception of pleas as may hereafter be made, Cummings
asserts a general denial as is authorized pursuant to Rule 92 of the TEXAS RULES OF CIVIL
PROCEDURE, and respectfully requests that Plaintiff, Kelly Coleman, be required to prove the
charges and allegations by a preponderance of the evidence.
2s Cummings denies he is liable in the capacity in which he has been sued by Plaintiff.
Affirmative Defenses
3. Cummings, as a volunteer officer and director of the Association, denies he is liable
to Plaintiffin that Cummings is immune from liability as provided by TEX. CIv PRAC. & REM CODE
§ 84.004 et seq.
4, Cummings, as a volunteer officer and director of the Association, denies he is liable
to Plaintiff in that Cummings is immune from liability as provided by TEX. BUS. ORGAN. CODE §
22.235 et seq.
MOTION FOR SANCTIONS/ATTORNEY’S FEES
de Plaintiff's suit against Cummings is groundless and brought in bad faith and/orM2-1557.2
groundless and brought for the purpose of harassment. Plaintiff's suit has no basis in law or in fact.
6. As a result of the frivolous suit of Plaintiff, Cummings seeks sanctions against
Plaintiff and her counsel, if applicable, as provided by TEX. Clv. PRAC. & REM. CODE § 10.001 et
seq., in the amount of at least $20,000.00 for reasonable expenses incurred by Cummings. including
reasonable attorneys’ fees, because of the filing of the frivolous suit.
Te Cummings respectfully reserves the right to filean Amended Answer, Counterclaim
or Cross-action in this cause in the manner authorized by the TEXAS RULES OF CIVIL PROCEDURE.
WHEREFORE, PREMISES CONSIDERED, Defendant, ROBERT CUMMINGS, prays that
Plaintiffs claims be denied and that Plaintiff take nothing by her suit, that Cummings be awarded
all costs incurred herein and that Cummings be granted such other and further relief, both general
and special, at law or in equity, to which Cummings may show himself justly entitled to receive.
Th
SIGNED this _/2 ~ day of October, 2017.
Respectfully submitted,
FRANK, ELMORE, LIEVENS,
CHESNEY & TURET, L.L.P.
bol.
William S. Chesney, III
TBA No. 04186550
Kennard D. Piggee
State Bar No. 24075657
9225 Katy Fwy, Ste. 250
Houston, Texas 77024-1564
Telephone: 713.224.9400
Facsimile: 713.224.0609
ATTORNEYS FOR ROBERT CUMMINGSM2-1557.3
VERIFICATION
THE STATE OF TEXAS
op wp tar
COUNTY OF HARRIS
BEFORE ME, the undersigned Notary Public, on this day personally appeared ROBERT
CUMMINGS, who being by me duly sworn on his oath deposed and said that he isa Defendant in the
above-entitled and numbered cause; that he has read the above and foregoing ORIGINAL ANSWER;
and that every statement contained therein is within his personal knowledge and true and correct.
SIGNED this_/2—_ day of October, 2017.
Aikiihe——e >
ROBERT CUMMINGS
pth
SUBSCRIBED AND SWORN TO BEFORE ME, on this | X& day of October, 2017,
to certify which witness my hand and official seal.
MARY E. DE SOUZA
Notary Public, State of Texas
S2- Loe San,
Public in and for the Stafs of Texas
NotaryM2-1557.4
CERTIFICATE OF SERVICE
I, the undersigned attorney, hereby certify that a true and correct copy of the foregoing ROBER
CUMMINGS’ ORIGINAL ANSWER has been forwarded by eService and facsimile to the following
attorney of record:
Via fax 855.329.7239
Mr. Robert C. E. Wolfe
Law Offices of Robert C. E. Wolfe, P.C.
7001 Corporate Dr., Ste. 216
Houston, Texas 77036
Via fax 713.658.2553
R. Kyle Hawes
Chamberlain, Hrdlica et al.
1200 Smith St., Ste. 1400
Houston, Texas 77002
Via fax 832.327.9187
Mr. Travis Owens
Owens Law Group, P.L.L.C.
P.O. Box 8605
The Woodlands, Texas 77287
oa
SIGNED this _/2 day of October, 2017.
Win
William S. Chesney, III,
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M2-1557.1 CASE NO. 2017-66216 KELLY COLEMAN IN THE DISTRICT COURT VS. EMILE NASSAR, ROBERT 157™ JUDICIAL DISTRICT CUMMINGS, AND THE BOARD OF TRUSTEES OF THE PINES CONDOMINIUM ASSOCIATION, INC. mn ar En un in un ED HARRIS COUNTY, TEXAS ROBERT CUMMINGS’ ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Robert Cummings (“Cummings”), Defendant herein, and files this his ORIGINAL ANSWER, and for such would respectfully show unto this Honorable Court as follows: di. Subject to such special exception of pleas as may hereafter be made, Cummings asserts a general denial as is authorized pursuant to Rule 92 of the TEXAS RULES OF CIVIL PROCEDURE, and respectfully requests that Plaintiff, Kelly Coleman, be required to prove the charges and allegations by a preponderance of the evidence. 2s Cummings denies he is liable in the capacity in which he has been sued by Plaintiff. Affirmative Defenses 3. Cummings, as a volunteer officer and director of the Association, denies he is liable to Plaintiffin that Cummings is immune from liability as provided by TEX. CIv PRAC. & REM CODE § 84.004 et seq. 4, Cummings, as a volunteer officer and director of the Association, denies he is liable to Plaintiff in that Cummings is immune from liability as provided by TEX. BUS. ORGAN. CODE § 22.235 et seq. MOTION FOR SANCTIONS/ATTORNEY’S FEES de Plaintiff's suit against Cummings is groundless and brought in bad faith and/orM2-1557.2 groundless and brought for the purpose of harassment. Plaintiff's suit has no basis in law or in fact. 6. As a result of the frivolous suit of Plaintiff, Cummings seeks sanctions against Plaintiff and her counsel, if applicable, as provided by TEX. Clv. PRAC. & REM. CODE § 10.001 et seq., in the amount of at least $20,000.00 for reasonable expenses incurred by Cummings. including reasonable attorneys’ fees, because of the filing of the frivolous suit. Te Cummings respectfully reserves the right to filean Amended Answer, Counterclaim or Cross-action in this cause in the manner authorized by the TEXAS RULES OF CIVIL PROCEDURE. WHEREFORE, PREMISES CONSIDERED, Defendant, ROBERT CUMMINGS, prays that Plaintiffs claims be denied and that Plaintiff take nothing by her suit, that Cummings be awarded all costs incurred herein and that Cummings be granted such other and further relief, both general and special, at law or in equity, to which Cummings may show himself justly entitled to receive. Th SIGNED this _/2 ~ day of October, 2017. Respectfully submitted, FRANK, ELMORE, LIEVENS, CHESNEY & TURET, L.L.P. bol. William S. Chesney, III TBA No. 04186550 Kennard D. Piggee State Bar No. 24075657 9225 Katy Fwy, Ste. 250 Houston, Texas 77024-1564 Telephone: 713.224.9400 Facsimile: 713.224.0609 ATTORNEYS FOR ROBERT CUMMINGSM2-1557.3 VERIFICATION THE STATE OF TEXAS op wp tar COUNTY OF HARRIS BEFORE ME, the undersigned Notary Public, on this day personally appeared ROBERT CUMMINGS, who being by me duly sworn on his oath deposed and said that he isa Defendant in the above-entitled and numbered cause; that he has read the above and foregoing ORIGINAL ANSWER; and that every statement contained therein is within his personal knowledge and true and correct. SIGNED this_/2—_ day of October, 2017. Aikiihe——e > ROBERT CUMMINGS pth SUBSCRIBED AND SWORN TO BEFORE ME, on this | X& day of October, 2017, to certify which witness my hand and official seal. MARY E. DE SOUZA Notary Public, State of Texas S2- Loe San, Public in and for the Stafs of Texas NotaryM2-1557.4 CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that a true and correct copy of the foregoing ROBER CUMMINGS’ ORIGINAL ANSWER has been forwarded by eService and facsimile to the following attorney of record: Via fax 855.329.7239 Mr. Robert C. E. Wolfe Law Offices of Robert C. E. Wolfe, P.C. 7001 Corporate Dr., Ste. 216 Houston, Texas 77036 Via fax 713.658.2553 R. Kyle Hawes Chamberlain, Hrdlica et al. 1200 Smith St., Ste. 1400 Houston, Texas 77002 Via fax 832.327.9187 Mr. Travis Owens Owens Law Group, P.L.L.C. P.O. Box 8605 The Woodlands, Texas 77287 oa SIGNED this _/2 day of October, 2017. Win William S. Chesney, III,