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 IRVING TOBACK, IND. and D/B/A PAT-A-ROSE MINIATURE HORSES A/K/A PAT-A-ROSE PARTNERSHIP
TO: IRVING TOBACK, Defendant, served in accordance with the Texas Rules of Civil Procedure on Defendant at Camperland Trailer Sales, 15340 I45, Conroe, Montgomery County, Texas.
COMES NOW, SCARLETT BRANN, Plaintiff herein, and files this her First Request for Admissions upon Defendant, Irving Toback, individually and d/b/a Pat-A-Rose Miniature Horses a/k/a Pat-A-Rose Partnership pursuant 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 wife’s abusive behavior she was to leave the property more than a month before the incident on June 11, 2003.
RESPONSE: ADMITTED
5. Margie Wood told you that Plaintiff would always be a part of Margie’s live.
RESPONSE: ADMITTED
6. Your wife 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 Jack Wood that you were going “take care of that kid” once and for all on June 9, 2003.
RESPONSE: ADMITTED
15. You intended to throw Plaintiff and her horses off of the MarJac property on June 9, 2003.
RESPONSE: ADMITTED
16. You knew that your wife could not cause a problem with Plaintiff because Margie Wood had told you that she would evict you from the property if that occurred.
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 you would cause her to move her horses.
RESPONSE: ADMITTED
23. You knew Plaintiff would not leave her horses at MarJac Miniatures after you assaulted her on June 9, 2003.
RESPONSE: ADMITTED
24. You told Jack Wood that you were going to use “F***” when throwing the Plaintiff off of the MarJac property.
RESPONSE: ADMITTED
25. You screamed and threw your arms about and toward Plaintiff on June 9 when you told her to leave and never come back.
RESPONSE: ADMITTED
26. You were angry at Plaintiff because of what your wife told you about her.
RESPONSE: ADMITTED
27. You have told numerous people that Arlene is a crack shot with her 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 numerous people that you cannot control what your spouse may do that would harm others.
RESPONSE: ADMITTED
30. Plaintiff behaved politely toward at all time.
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. Your wife was 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 knew your wife was accessing and reading email in Margie Wood’s email account without her permission.
RESPONSE: ADMITTED
34. You knew you wife 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 knew your wife 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.
RESPONSE: ADMITTED
37. You left unpaid bills at the telephone company for the telephone line you had installed at the MarJac property in Conroe.
RESPONSE: ADMITTED
38. You allowed your wife to misrepresent the nature of the account to the telephone to obtain new service without paying the old bill for telephone service in an account in the name of A. Toback.
RESPONSE:
39. You left over a thousand dollars of unpaid electric bills for service you used while living at the MarJac property in Conroe.
RESPONSE: ADMITTED
40. 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
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.
RESPONSE: ADMITTED
46. You assisted your wife in overfeeding Plaintiff’s horses boarded at MarJac Miniatures without Plaintiff’s permission and without Margie Wood’s permission.
RESPONSE: ADMITTED
47. You assisted your wife in overfeeding Margie Wood’s horses without her permission while you lived on her property.
RESPONSE: ADMITTED
48. You have told numerous people that you own between ten to twelve cattle hauling tractor-trailer trucks.
RESPONSE: ADMITTED
49. You have not owned ten to twelve tractor-trailer trucks in the last five years.
RESPONSE: ADMITTED
50. You have told numerous people that owned cattle and land for the cattle that was being operated as your own cattle ranching operation.
RESPONSE: ADMITTED
51. You have not 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 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 know that your wife regularly deceives people with lies and misdirected inferences in order to get her own way.
RESPONSE: ADMITTED
75. You know that your wife overfeeds your horses to the point of causing founder and other illnesses.
RESPONSE: ADMITTED
76. You caused Plaintiff to incur damages of at least one hundred thousand dollars ($100,000.00).
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, to Arlene 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 Irving Toback
Page 9.