CAUSE NO.: 03-08-06049-CV
SCARLETT R. BRANN§IN THE DISTRICT COURT OF
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VS.§MONTGOMERY COUNTY, TEXAS
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IRVING and ARLENE TOBACK§
INDIVIDUALLY and D/B/A§284th JUDICIAL DISTRICT
PAT-A-ROSE MINIATURE HORSES§
A/K/A PAT-A-ROSE PARTNERSHIP§JURY TRIAL DEMANDED
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT ARLENE TOBACK, IND. and D/B/A PAT-A-ROSE MINIATURE HORSES A/K/A PAT-A-ROSE PARTNERSHIP
TO:ARLENE TOBACK, Defendant, served in accordance with the Texas Rules of Civil Procedure on Defendant at The Country Place, 3701 Waukegan Road, Cut and Shoot, Montgomery County, Texas.
COMES NOW, SCARLETT BRANN, Plaintiff herein, and files this her First Request for Admissions upon Defendant, Arlene Toback, individually and d/b/a Pat-A-Rose Miniature Horses a/k/a Pat-A-Rose Partnershippursuant to Rule 198 of the Texas Rules of Civil Procedure.
I.
Plaintiff requests that Defendant admit or deny the following items no later than fifty (50) days from the date of service of these Requests for Production upon you.
II.
ADMIT OR DENY:
1.You lived in a fifth wheel motor home parked in the driveway at 15695 Miller Road, Conroe Texas for sixteen months ending on June 11, 2003.
RESPONSE: ADMITTED
2.You never owned any part of the real estate at 15695 Miller Road, Conroe, Texas.
RESPONSE: ADMITTED
3.You intended to ultimately isolate Margie Wood from her family and friends while you lived there.
RESPONSE: ADMITTED
4.You were told that because of your abusive behavior you were to leave the property more than a month before the incident on June 9, 2003.
RESPONSE: ADMITTED
5.Margie Wood told you that Plaintiff would always be a part of Margie’s live.
RESPONSE: ADMITTED
6.You told Margie Wood’s children that she did not want to see them or her grandchildren.
RESPONSE: ADMITTED
7.You told numerous people that you had bought all or part of MarJac Miniature’s ranch at 15695 Miller Road, Conroe, Texas.
RESPONSE: ADMITTED
8.You told several people that you owned a part of the land and business of the Holman cattle ranch in Jacksonville, Texas.
RESPONSE: ADMITTED
9.You told several people that you sold your interest in the Jacksonville property and were using the nice profit to buy all or part of MarJac Miniatures.
RESPONSE: ADMITTED
10.You told several people that you intended to move to MarJac Miniature ranch to buy the ranch months before you ever suggested the moving to Margie Wood.
RESPONSE: ADMITTED
11.You intended to take over MarJac Miniatures and claim ownership of the land, all improvements and all animals once you had isolated Margie Wood from her family and friends.
RESPONSE: ADMITTED
12.You saw Plaintiff as a threat to your intent to control Margie Wood and MarJac Miniatures.
RESPONSE: ADMITTED
13.You intended to drive Plaintiff away from any contact with Margie Wood and MarJac Miniatures.
RESPONSE: ADMITTED
14.You told numerous lies about Scarlett to your spouse and to numerous other individuals in the miniature horse industry.
RESPONSE: ADMITTED
15.You intended to have your spouse throw Plaintiff and her horses off of the MarJac property on June 9, 2003.
RESPONSE:
16.You knew you could not cause a problem with Plaintiff because you had been told by Margie Wood that she would evict you from the property if you did.
RESPONSE: ADMITTED
17.You told Plaintiff that you had the complete trust of her horses at every opportunity.
RESPONSE: ADMITTED
18.You lied to Plaintiff about how frequently you groomed, petted, touched and gave treats to her horses.
RESPONSE: ADMITTED
19.You knew Plaintiff brought her mare “Warmans Sunshine” to MarJac Miniatures for mare and foaling care.
RESPONSE: ADMITTED
20.You knew it would be dangerous to move a pregnant mare late in the pregnancy,
RESPONSE: ADMITTED
21.You knew the Plaintiff would not be able to leave her horses at place where she could not visit and care for the horses at will.
RESPONSE: ADMITTED
22.You knew that causing Plaintiff to be frightened of Defendants would cause her to move her horses.
RESPONSE: ADMITTED
23.You knew Plaintiff would not leave her horses at MarJac Miniatures after being assaulted on June 9, 2003.
RESPONSE: ADMITTED
24.On June 10, 2003 you told Plaintiff that you would “not hurt” her horses even though she had been threatened with physical harm on June 9 if she did not leave the MarJac property.
RESPONSE: ADMITTED
25.You knew that mentioning harm to her horses, even in the negative, would be sufficient to cause her to move the horses away from you.
RESPONSE: ADMITTED
26.You suggested to Margie Wood on numerous occasions that that you were capable of causing physical harm to other people.
RESPONSE: ADMITTED
27.You have told numerous people that you are a crack shot with your pistols.
RESPONSE: ADMITTED
28.You have told people that you do not get mad, that you get even with actions intended to hurt others reputations and business.
RESPONSE: ADMITTED
29.You have told American Miniature Horse Association that Plaintiff told you to alter photos in order to register a dwarf foal she owned.
RESPONSE: ADMITTED
30.Plaintiff told you that she did not want you to alter any photos of any of her horses for any reason.
RESPONSE: ADMITTED
31.You have altered and used altered photos of your own horses on web sites and in ads for your ranch.
RESPONSE: ADMITTED
32.You were the only person on MarJac Miniature Ranch with the computer knowledge sufficient to alter photos while you resided on that property.
RESPONSE: ADMITTED
33.You accessed and read email in Margie Wood’s email account without her permission.
RESPONSE: ADMITTED
34.You destroyed the navigation tools on the MarJac Miniature web site after moving from that property and without Margie Wood’s permission to enter or alter the web site.
RESPONSE: ADMITTED
35.You destroyed the content of Jack Wood’s resume web site without his permission to enter or alter the web site.
RESPONSE: ADMITTED
36.You have told numerous lies about Margie Wood, Jack Wood and MarJac Miniatures and what happened while you were living with them to numerous people in private messages on the Little Beginnings Miniature Horse Forum on the Internet.
RESPONSE: ADMITTED
37.You have told numerous lies about Margie Wood, Jack Wood and MarJac Miniatures and what happened while you were living with them to numerous people in private messages on the Smallest Horse Forum.
RESPONSE: ADMITTED
38.You have told numerous lies about Margie Wood, Jack Wood and MarJac Miniatures and what happened while you were living with them to numerous people in private messages on the AOL Instant Messaging on the Internet.
RESPONSE: ADMITTED
39.You have told numerous lies about Margie Wood, Jack Wood and MarJac Miniatures and what happened while you were living with them to numerous people in private messages on MSN Instant Messaging on the Internet.
RESPONSE: ADMITTED
40. You have told numerous lies about Margie Wood, Jack Wood, and MarJac Miniatures and what happened while you were living with them on a web site you created and published on the Internet.
RESPONSE: ADMITTED
41.You have told numerous lies about Plaintiff, her horses, her family and what happened while you were living at MarJac Miniature Horse Ranch to numerous people in private messages on the Little Beginnings Miniature Horse Forum on the Internet.
RESPONSE: ADMITTED
42.You have told numerous lies about Margie Wood, Jack Wood and MarJac Miniatures and what happened while you were living with them to numerous people in private messages on the Smallest Horse Forum.
RESPONSE: ADMITTED
43.You have told numerous lies about Plaintiff, her horses, her family and what happened while you were living at MarJac Miniature Horse Ranch to numerous people in private messages on the AOL Instant Messaging on the Internet.
RESPONSE: ADMITTED
44.You have told numerous lies about Plaintiff, her horses, her family and what happened while you were living at MarJac Miniature Horse Ranch to numerous people in private messages on MSN Instant Messaging on the Internet.
RESPONSE: ADMITTED
45. You have told numerous lies about Plaintiff, her horses, her family and what happened while you were living at MarJac Miniature Horse Ranch on a web site you created and published on the Internet.
RESPONSE: ADMITTED
46.You overfed Plaintiff’s horses boarded at MarJac Miniatures without Plaintiff’s permission and without Margie Wood’s permission.
RESPONSE: ADMITTED
47.You overfed Margie Wood’s horses without her permission while you lived on her property.
RESPONSE: ADMITTED
48.You have told numerous people that your husband owns between ten to twelve cattle hauling tractor-trailer trucks.
RESPONSE: ADMITTED
49.Neither you nor your husband has owned ten to twelve tractor-trailer trucks in the last five years.
RESPONSE: ADMITTED
50.You have told numerous people that you husband owned cattle and land for the cattle that was being operated as his own cattle ranching operation.
RESPONSE: ADMITTED
51.Neither you nor your husband has owned cattle and land that you ran as a cattle ranching operation in the last five years.
RESPONSE: ADMITTED
52.You became angry at Plaintiff when she moved her horse called Toby and Margie’s horse called Piddles to another property.
RESPONSE: ADMITTED
53.You have told numerous people that the horses referenced in Request for Admissions Number 52 that the horses were moved to “hide” dwarf horses and that they were sold over your objections.
RESPONSE: ADMITTED
54.You have told numerous People that the horses referenced in Request for Admissions Number 52 that the horses were dumped into terrible conditions over you objections.
RESPONSE: ADMITTED
55. You intended to harm Plaintiff.
RESPONSE: ADMITTED
56.You intended to harm Margie Wood.
RESPONSE: ADMITTED
57.You intended to harm Jack Wood.
RESPONSE: ADMITTED
58.You intended to harm the reputation of Plaintiff’s business.
RESPONSE: ADMITTED
59.You intended to harm the reputation of MarJac Miniature Horse business.
RESPONSE: ADMITTED
60. You caused Plaintiff financial and emotional harm.
RESPONSE: ADMITTED
61.You caused Margie Wood financial and emotional harm.
RESPONSE: ADMITTED
62.You caused Jack Wood financial and emotional harm.
RESPONSE: ADMITTED
63.You caused harm to the reputation of Plaintiff’s business.
RESPONSE: ADMITTED
64.You caused harm the reputation of MarJac Miniature Horse business.
RESPONSE: ADMITTED
65.You have issued checks for payment of products and services to numerous individuals and businesses with knowledge that there were no funds, and there would be no funds, in the bank account the checks were drafted on.
RESPONSE: ADMITTED
66.You have checks outstanding and unpaid in the State of Florida.
RESPONSE: ADMITTED
67.You have checks outstanding and unpaid in the State of Texas.
RESPONSE: ADMITTED
68.You have checks outstanding and unpaid in states other than Texas and Florida.
RESPONSE: ADMITTED
69.You represented the donation of a horse as a sale of the horse for specific sum money and asked the person taking the horse to lie for you about the sale.
RESPONSE: ADMITTED
70.You transferred title on an AMHA registered horse you represented to measure thirty-two and one quarter inches when you had knowledge that the accurate height of the horse exceed thirty-three and one half inches at that time of the representation.
RESPONSE: ADMITTED
71.You represented to individuals that you own a boat docked at Miami.
RESPONSE: ADMITTED
72.You do not own a boat.
RESPONSE: ADMITTED
73.You accepted payment toward boarding and training bills owed to Freedom Hill Farm from a co-partner but you kept the payment and did not pay it to Freedom Hill Farm.
RESPONSE: ADMITTED
74.You misrepresented the value of a show horse to be less than what it actually was to buy out a co-owner with the intent to deceive the co-owner.
RESPONSE: ADMITTED
75.You told a trainer to feed kelp products to all of your horses and then lied about it when you realized it harmed the horses.
RESPONSE: ADMITTED
76.You regularly deceive people with lies and misdirected inferences in order to get your own way.
RESPONSE: ADMITTED
77.You overfeed your horses to the point of causing founder and other illnesses.
RESPONSE: ADMITTED
78.You caused Plaintiff to incur damages of at least one hundred thousand dollars ($100,000.00).
RESPONSE: ADMITTED
79.You left unpaid bills at the telephone company for the telephone line you had installed at the MarJac property in Conroe.
RESPONSE: ADMITTED
80.You misrepresented the nature of your current account for telephone service to obtain new service without paying the old bill for telephone service in an account in the name of A. Toback.
RESPONSE: ADMITTED
81.You left over a thousand dollars of unpaid electric bills for service you used while living at the MarJac property in Conroe.
RESPONSE: ADMITTED
82.You never paid rent or board for your horses or for utilities you used while living on the MarJac property in Conroe, Texas.
RESPONSE: ADMITTED
83.Your horse called Domi had foundered before a farrier trimmed her hooves.
RESPONSE: ADMITTED
84.You knowingly, falsely accused the farrier of causing the founder of Domi to numerous people and you published it on the Little Beginnings Mini-Horse Forum several times.
RESPONSE: ADMITTED
Respectfully submitted,
VICTORIA THOMPSON
______
TBN: 02888400
3 Live Oak Trail
Cypress, TX 77429
(281) 970-7191
(281) 970-7193 – FAX
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on this ______day of ______, 2003, a true and correct copy of the foregoing instrument was served by facsimile, U.S. Mail and/or certified mail, return receipt requested, toArlene Toback at the Country Place, RV Space A5, 3701 Waukegan Road, Cut and Shoot, Montgomery County, Texas, Montgomery County, Texas and Irv Toback at Camperland Trailer Sales, 15340 I45, Conroe, Montgomery County, Texas:
______
Victoria Thompson
Plaintiff’s First Request For Admissions
to Defendant Arlene Toback
Page 1.