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FILED
DALLAS COUNTY
2/23/2015 3:08:30 PM
FELICIA PITRE
DISTRICT CLERK
No. DC-14-15094
PINNACLE PROPANE LLC * In the District Court
*
v. *
*
JAY FLETCHER, INDIVIDUALLY *
AND D/B/A TWELVE CORNERS *
FARM; KIM FLETCHER, * 101st Judicial District
INDIVIDUALLY AND D/B/A *
TWELVE CORNERS FARM, GARY *
JAMES FLETCHER A/K/A JAMES *
GARY FLETCHER, INDIVIDUALLY *
AND D/B/A TWELVE CORNERS *
FARM; DONNA FLETCHER, *
INDIVIDUALLY AND D/B/A *
TWELVE CORNERS FARM; *
TWELVE CORNERS FARM INC. * Dallas County, Texas
DEFENDANTS’ ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendants Jay Fletcher, Individually and d/b/a Twelve
Corners Farm; Kim Fletcher, individually and d/b/a Twelve Corners Farm, Gary James
Fletcher a/k/a James Gary Fletcher, Individually and d/b/a Twelve Corners Farm; Donna
Fletcher, Individually and d/b/a Twelve Corners Farm; Twelve Corners Farm Inc. by and
through their attorney of record, Robert M. Clark, in the above-entitled and numbered
cause and makes and files this original answer, and in support thereof would respectfully
show unto the Court as follows:
I. GENERAL DENIAL
Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendants
deny each and every, all and singular, the allegations contained in Plaintiff's Original
Petition and demands strict proof thereof. As authorized by the Texas Rules of Civil
Procedure, Defendants reserve the right to amend this pleading before or during the trial
of this cause on its merits.
Defendants’ Original Answer - Page 1 of 5
1
II. REQUEST FOR DISCLOSURE
Under Texas Rules of Civil Procedure 194, Defendants requests that
Plaintiff disclose, within thirty (30) days of the service of this request, the information or
materials described in Rule 194.2.
_________________________________
Robert M. Clark
III. SPECIFIC DENIAL
Defendants deny the execution by themselves or by their authority of any
instrument upon which Plaintiff’s pleading is founded, in whole or in part, and charged
by Plaintiff to have been executed by Defendants in whole or in part. Defendants
specially deny each and every item in Plaintiff's sworn account, which is the basis of
Plaintiff's action, because Defendants did not incur the charges. Defendants deny that the
attached account was accurate and anything more than mere conclusions. Defendants
demand strict proof of all items in the account.
IV. AFFIRMATIVE DEFENSES
For further answer, if any be necessary, Defendants plead waiver,
estoppel, failure of consideration, laches, statute of frauds, denial of condition precedent,
qualified and absolute privilege, and breach of implied provisions.
V. ATTORNEY'S FEES
Defendants were required to obtain legal counsel in regards to this
lawsuit and would seek reimbursement for reasonable attorney's fees and costs of court.
VI. RESPONSES TO ADMISSIONS
Pursuant to the Texas Rules of Civil Procedure, Defendants jointly
respond as follows Requests for Admissions filed by Plaintiff and objects to them in their
entirety and responds as follows:
Defendants’ Original Answer - Page 2 of 5
2
1. Plaintiff and Defendant entered into an agreement in which Plaintiff agreed to
supply propane to Defendant and Defendant agreed to pay Plaintiff for same.
RESPONSE: DENIED
2. Defendant made a payment or payments to Plaintiff for propane that Plaintiff
provided to a Defendant.
RESPONSE: DENIED
3. Defendant is liable for all purchases made on the Fletcher Account with Plaintiff.
RESPONSE: DENIED
4. Defendant is liable for all purchases made on the Twelve Comers Account with
Plaintiff.
RESPONSE: DENIED
5. Gary Fletcher was a shareholder of Twelve Corners Farm, lnc. at the time its
charter was revoked.
RESPONSE: DENIED
6. Donna Fletcher was a shareholder of Twelve Corners Farn1, Inc. at the time its
charter was revoked.
RESPONSE: DENIED
7. Plaintiff supplied the propane or other products listed on each of the Invoices
attached as Exhibit "A-2" to Plaintiffs Petition to the Fletcher Defendants and attached as
Exhibit "A-4" to Plaintiff's Petition to the Twelve Corners Defendants as indicated on each
Invoice.
RESPONSE: DENIED
8. The Invoices attached to Plaintiff's Petition as Exhibits "A-2" and "A-4"
accurately reflect Defendant's or its successor's, receipt of the propane or other goods indicated
on the Invoices.
RESPONSE: DENIED
9. Defendant agreed to pay 1.5% per month for all past due balances owed to
Plaintiff.
RESPONSE: DENIED
10. Defendant owes Plaintiff at least $12,573.96 on the Fletcher Account.
RESPONSE: DENIED
11. Defendant owes Plaintiff at least $3,407.74 on the Twelve Corners Account.
RESPONSE: DENIED
12. Defendant does not dispute any of the information contained on the Statement
attached as Exhibit A- 1.
RESPONSE: DENIED
13. Defendant does not dispute any of the information contained on the Statement
attached as Exhibit A-3.
RESPONSE: DENIED
Defendants’ Original Answer - Page 3 of 5
3
14. The amounts Plaintiff charged Defendant for the propane and other products as
provided by the Invoices were customary for such goods and services.
RESPONSE: DENIED
15. The amounts Plaintiff charged Defendant for the propane and other products as
provided by the Invoices were reasonable for such goods and services.
RESPONSE: DENIED
16. The amounts Plaintiff charged Defendant for the propane and other products as
provided by the Invoices were usual for such goods and services.
RESPONSE: Objection, this request exceeds the permissible number of requests for
admissions in a Level 1 case. Without waiving said objection, DENIED.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants pray that
all relief sought in Plaintiff's Original Petition be denied, and that Plaintiff goes
hence with its costs without day; that Defendants receive any other and further relief,
both general and special, at law and in equity, to which they may show themselves justly
entitled.
Respectfully submitted,
EDDLEMAN & CLARK
4627 North Central Expressway
Knox Central Place, Suite 2000
Dallas, Texas 75205-4022
Phone 214.528.2400
Fax 214.528.2434
RMC@RobertMClark.net
______________________________
ROBERT M. CLARK
State Bar No. 04298200
Attorney for Defendants
Defendants’ Original Answer - Page 4 of 5
4
Certificate of Service
I certify that a true copy of the above was served on counsel for John W. Bowdich at The
Willis Law Group, 10440 N. Central Expressway, Suite 520, Dallas, TX 75231, Fax
214.736.9994 in accordance with Rule 21a of the Texas Rules of Civil Procedure on the
23rd day of February, 2015.
___________________________________
Robert M. Clark
Defendants’ Original Answer - Page 5 of 5
5
- 10
STATE OF ARKANSAS *
*
*
BEFORE ME, the und ersigned authority, on th is day personally
appea red jay Fletcher, who, after being duly sworn. stated under oath that he Is
the representative of Defendant Twelve Corners Farm Inc. in th is action; that he
has read the answer; and that every statement contained in the specific denials
is within his personal knowledge and Is t rue an
e , Representative of
Corners Farm Inc.• Affiant
SUBSCRIBED AND SWORN TO BEFORE ME thi~"day of fej,,.l(4c/.
2015.
~~ the State of Arkansas
OfFICIAL SE"L
CODY THELEN
BENTON COUNTY
NOTA"Y PUBI.IC: • ARKAN5A~
MY COMM\SSION EXP. FE8. '• 20:.10
COMM\SSIONI 11514801
Verification Affidavit - One Page Only
6
....
•\
STATE OF ARKANSAS *
COUNTY OF~ 'f(;c,.,
* YEUEJCATION AFFIDAVIT
*
BEFORE ME, the undersigned authority, on this day personally
appeared jay Fletcher, who, after being duly sworn, stated under oath that he Is
a Defendant in this action; that he has read the answer; and that every
statement contained in the specific denials is wit · his personal knowledge
and is true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME this2~"day offriro.~~r:t,
2015.
~~ the State of Arkansas
OF.FICIAL SEAL
CODY THELEN
BENTON COUNTY
NOTARY PUBLIC • A~KANSAS
MY COMMISSION EICP. .. u . l , 1010
COMMISStOHt UJ7q&08
Verifir;ation Affidavit .. One Page Only
7
~ '·
STATE OF ARKANSAS *
* VERIFICATION AEEIDAVJI
COUNTY OF {fel\ tvV\ *
BEFORE ME, the undersigned authority, on this day personally
appeared Kim Fletcher. who, after being duly sworn. stated under oath that she
is a Defenda nt in this action; that she has read the answer; and that every
statement contained in the specific denials is within her personal knowledge
and is true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME this ")Pp1 day of RJ,,.Qp,..r,
2015.
~y ~ PUBLIC In and for
the State of Arkansas
------- OFFICIAL SEI\l
..- ··-····
CODY THELEN
BENTON COUNTY
NOTARV PUILIC • ARKANSAS
MY COMMISSION UP. FEB. I, lDlO
COMMISSIONI 11374808
Verification Affidavit- One Page Only
8
STATE OF ARKANSAS *
COUNTY oF&n.tn, ..
* VERIFICATION AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally
appeared Gary james Fletcher, who, after being duly sworn, stated under oath
that he is a Defendant in this action; that he has read the answer; and th at every
statement contaiMd in the specific denials is within his personal knowledge
and Is true and correct,
SUBSCRIBED AND SWORN TO BEFORE ME thi~day of~
2.01 5.
ARY PUBLIC in and for
e State of Arkansas
OFFICIAL SEAl
MARY M. EDWARDS
No1ary Public - State of A!Unsas
Benton County
Comm. tl 12l7~92
My QGmm. E'xp. OdDber 22, 2018
verification Affidavit- One Page Only
9
.
STATE OF ARKANSAS * VERIEICATJON AFFIDAY..IT
*
COUNTYOF~b *
BEFORE ME, the undersigned authority, on this day personally
appeared Donna Fletcher, who, after being duly sworn, stated under oath that
he is a Defendant in th is action; that he has read the answer; and that every
statement contained in the specific denials is within his personal knowledge
and is true an d correct.
SUBSCRIBED AND SWORN TO BEFORE ME this.;i:1-I1Jay of~
2015.
ARY PUBLIC in and f or
OFFICIAL SEAL
MARY M. EDWARDS eState of Arkansas
Notary Public- State of Artansaa
Benton Cauoty
Comm. N 12373492
My Comm. Exp. Odober az, 2011
Verification Affidavit ~ One Page Only
10
Preview
FILED DALLAS COUNTY 2/23/2015 3:08:30 PM FELICIA PITRE DISTRICT CLERK No. DC-14-15094 PINNACLE PROPANE LLC * In the District Court * v. * * JAY FLETCHER, INDIVIDUALLY * AND D/B/A TWELVE CORNERS * FARM; KIM FLETCHER, * 101st Judicial District INDIVIDUALLY AND D/B/A * TWELVE CORNERS FARM, GARY * JAMES FLETCHER A/K/A JAMES * GARY FLETCHER, INDIVIDUALLY * AND D/B/A TWELVE CORNERS * FARM; DONNA FLETCHER, * INDIVIDUALLY AND D/B/A * TWELVE CORNERS FARM; * TWELVE CORNERS FARM INC. * Dallas County, Texas DEFENDANTS’ ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendants Jay Fletcher, Individually and d/b/a Twelve Corners Farm; Kim Fletcher, individually and d/b/a Twelve Corners Farm, Gary James Fletcher a/k/a James Gary Fletcher, Individually and d/b/a Twelve Corners Farm; Donna Fletcher, Individually and d/b/a Twelve Corners Farm; Twelve Corners Farm Inc. by and through their attorney of record, Robert M. Clark, in the above-entitled and numbered cause and makes and files this original answer, and in support thereof would respectfully show unto the Court as follows: I. GENERAL DENIAL Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendants deny each and every, all and singular, the allegations contained in Plaintiff's Original Petition and demands strict proof thereof. As authorized by the Texas Rules of Civil Procedure, Defendants reserve the right to amend this pleading before or during the trial of this cause on its merits. Defendants’ Original Answer - Page 1 of 5 1 II. REQUEST FOR DISCLOSURE Under Texas Rules of Civil Procedure 194, Defendants requests that Plaintiff disclose, within thirty (30) days of the service of this request, the information or materials described in Rule 194.2. _________________________________ Robert M. Clark III. SPECIFIC DENIAL Defendants deny the execution by themselves or by their authority of any instrument upon which Plaintiff’s pleading is founded, in whole or in part, and charged by Plaintiff to have been executed by Defendants in whole or in part. Defendants specially deny each and every item in Plaintiff's sworn account, which is the basis of Plaintiff's action, because Defendants did not incur the charges. Defendants deny that the attached account was accurate and anything more than mere conclusions. Defendants demand strict proof of all items in the account. IV. AFFIRMATIVE DEFENSES For further answer, if any be necessary, Defendants plead waiver, estoppel, failure of consideration, laches, statute of frauds, denial of condition precedent, qualified and absolute privilege, and breach of implied provisions. V. ATTORNEY'S FEES Defendants were required to obtain legal counsel in regards to this lawsuit and would seek reimbursement for reasonable attorney's fees and costs of court. VI. RESPONSES TO ADMISSIONS Pursuant to the Texas Rules of Civil Procedure, Defendants jointly respond as follows Requests for Admissions filed by Plaintiff and objects to them in their entirety and responds as follows: Defendants’ Original Answer - Page 2 of 5 2 1. Plaintiff and Defendant entered into an agreement in which Plaintiff agreed to supply propane to Defendant and Defendant agreed to pay Plaintiff for same. RESPONSE: DENIED 2. Defendant made a payment or payments to Plaintiff for propane that Plaintiff provided to a Defendant. RESPONSE: DENIED 3. Defendant is liable for all purchases made on the Fletcher Account with Plaintiff. RESPONSE: DENIED 4. Defendant is liable for all purchases made on the Twelve Comers Account with Plaintiff. RESPONSE: DENIED 5. Gary Fletcher was a shareholder of Twelve Corners Farm, lnc. at the time its charter was revoked. RESPONSE: DENIED 6. Donna Fletcher was a shareholder of Twelve Corners Farn1, Inc. at the time its charter was revoked. RESPONSE: DENIED 7. Plaintiff supplied the propane or other products listed on each of the Invoices attached as Exhibit "A-2" to Plaintiffs Petition to the Fletcher Defendants and attached as Exhibit "A-4" to Plaintiff's Petition to the Twelve Corners Defendants as indicated on each Invoice. RESPONSE: DENIED 8. The Invoices attached to Plaintiff's Petition as Exhibits "A-2" and "A-4" accurately reflect Defendant's or its successor's, receipt of the propane or other goods indicated on the Invoices. RESPONSE: DENIED 9. Defendant agreed to pay 1.5% per month for all past due balances owed to Plaintiff. RESPONSE: DENIED 10. Defendant owes Plaintiff at least $12,573.96 on the Fletcher Account. RESPONSE: DENIED 11. Defendant owes Plaintiff at least $3,407.74 on the Twelve Corners Account. RESPONSE: DENIED 12. Defendant does not dispute any of the information contained on the Statement attached as Exhibit A- 1. RESPONSE: DENIED 13. Defendant does not dispute any of the information contained on the Statement attached as Exhibit A-3. RESPONSE: DENIED Defendants’ Original Answer - Page 3 of 5 3 14. The amounts Plaintiff charged Defendant for the propane and other products as provided by the Invoices were customary for such goods and services. RESPONSE: DENIED 15. The amounts Plaintiff charged Defendant for the propane and other products as provided by the Invoices were reasonable for such goods and services. RESPONSE: DENIED 16. The amounts Plaintiff charged Defendant for the propane and other products as provided by the Invoices were usual for such goods and services. RESPONSE: Objection, this request exceeds the permissible number of requests for admissions in a Level 1 case. Without waiving said objection, DENIED. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants pray that all relief sought in Plaintiff's Original Petition be denied, and that Plaintiff goes hence with its costs without day; that Defendants receive any other and further relief, both general and special, at law and in equity, to which they may show themselves justly entitled. Respectfully submitted, EDDLEMAN & CLARK 4627 North Central Expressway Knox Central Place, Suite 2000 Dallas, Texas 75205-4022 Phone 214.528.2400 Fax 214.528.2434 RMC@RobertMClark.net ______________________________ ROBERT M. CLARK State Bar No. 04298200 Attorney for Defendants Defendants’ Original Answer - Page 4 of 5 4 Certificate of Service I certify that a true copy of the above was served on counsel for John W. Bowdich at The Willis Law Group, 10440 N. Central Expressway, Suite 520, Dallas, TX 75231, Fax 214.736.9994 in accordance with Rule 21a of the Texas Rules of Civil Procedure on the 23rd day of February, 2015. ___________________________________ Robert M. Clark Defendants’ Original Answer - Page 5 of 5 5 - 10 STATE OF ARKANSAS * * * BEFORE ME, the und ersigned authority, on th is day personally appea red jay Fletcher, who, after being duly sworn. stated under oath that he Is the representative of Defendant Twelve Corners Farm Inc. in th is action; that he has read the answer; and that every statement contained in the specific denials is within his personal knowledge and Is t rue an e , Representative of Corners Farm Inc.• Affiant SUBSCRIBED AND SWORN TO BEFORE ME thi~"day of fej,,.l(4c/. 2015. ~~ the State of Arkansas OfFICIAL SE"L CODY THELEN BENTON COUNTY NOTA"Y PUBI.IC: • ARKAN5A~ MY COMM\SSION EXP. FE8. '• 20:.10 COMM\SSIONI 11514801 Verification Affidavit - One Page Only 6 .... •\ STATE OF ARKANSAS * COUNTY OF~ 'f(;c,., * YEUEJCATION AFFIDAVIT * BEFORE ME, the undersigned authority, on this day personally appeared jay Fletcher, who, after being duly sworn, stated under oath that he Is a Defendant in this action; that he has read the answer; and that every statement contained in the specific denials is wit · his personal knowledge and is true and correct. SUBSCRIBED AND SWORN TO BEFORE ME this2~"day offriro.~~r:t, 2015. ~~ the State of Arkansas OF.FICIAL SEAL CODY THELEN BENTON COUNTY NOTARY PUBLIC • A~KANSAS MY COMMISSION EICP. .. u . l , 1010 COMMISStOHt UJ7q&08 Verifir;ation Affidavit .. One Page Only 7 ~ '· STATE OF ARKANSAS * * VERIFICATION AEEIDAVJI COUNTY OF {fel\ tvV\ * BEFORE ME, the undersigned authority, on this day personally appeared Kim Fletcher. who, after being duly sworn. stated under oath that she is a Defenda nt in this action; that she has read the answer; and that every statement contained in the specific denials is within her personal knowledge and is true and correct. SUBSCRIBED AND SWORN TO BEFORE ME this ")Pp1 day of RJ,,.Qp,..r, 2015. ~y ~ PUBLIC In and for the State of Arkansas ------- OFFICIAL SEI\l ..- ··-···· CODY THELEN BENTON COUNTY NOTARV PUILIC • ARKANSAS MY COMMISSION UP. FEB. I, lDlO COMMISSIONI 11374808 Verification Affidavit- One Page Only 8 STATE OF ARKANSAS * COUNTY oF&n.tn, .. * VERIFICATION AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared Gary james Fletcher, who, after being duly sworn, stated under oath that he is a Defendant in this action; that he has read the answer; and th at every statement contaiMd in the specific denials is within his personal knowledge and Is true and correct, SUBSCRIBED AND SWORN TO BEFORE ME thi~day of~ 2.01 5. ARY PUBLIC in and for e State of Arkansas OFFICIAL SEAl MARY M. EDWARDS No1ary Public - State of A!Unsas Benton County Comm. tl 12l7~92 My QGmm. E'xp. OdDber 22, 2018 verification Affidavit- One Page Only 9 . STATE OF ARKANSAS * VERIEICATJON AFFIDAY..IT * COUNTYOF~b * BEFORE ME, the undersigned authority, on this day personally appeared Donna Fletcher, who, after being duly sworn, stated under oath that he is a Defendant in th is action; that he has read the answer; and that every statement contained in the specific denials is within his personal knowledge and is true an d correct. SUBSCRIBED AND SWORN TO BEFORE ME this.;i:1-I1Jay of~ 2015. ARY PUBLIC in and f or OFFICIAL SEAL MARY M. EDWARDS eState of Arkansas Notary Public- State of Artansaa Benton Cauoty Comm. N 12373492 My Comm. Exp. Odober az, 2011 Verification Affidavit ~ One Page Only 10