Sallie Mae Petition For Declaratory Judgment

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CIVIL JUDGES DOCKET
Date Filed 07-02-13
Cause Number Type of Case
264814 -0
Court 169
Suit on Contract
Style of Case
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GREGOR'( __ _________ .... ____________ .
STEVEN J_:.

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N SALLIE MAE INC
r::-: ..... --. -------------- ..

AMANDA A WILLIAMS,
YULANDER HONEYCUTT
-- _. -

... -- -.- - ---- --
---FKA.YULANDER DRAKE,--
Date of Orders
Orders of Court
Plcuntiff t.:iHtl:iUHY DRAKE, STEVEN J. DOSKIE,
Defendant SALLIE MAE INC AMANDA A WILLIAMS,
Defendant YULANDER HONEYCUTT,
FKA YULANDER DRAKE

------
07-02-13 COVER LETTER FOR REQUEST OF SERVICE BY DUSKIE
07-02-13 ORIGINAL PETITION FOR DECLARATORY JUDGMENT BY
__ ---.........---
07-29-13 DEFENDANT SALLIE MAE, INC.'S ORIGINAL ANSWER
1-------
BY AMANDA A W!LLIAMS __
----- __.., __________ ...-- ---- ---------- - ----""'-------
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PAGE 1
Print 8107/13
createform bdc_dockl
Case 3:13-cv-03105-M Document 1-3 Filed 08/07/13 Page 2 of 14 PageID 11

'I .

Lindley, Wiley & Duskie, P.C.
James R. Lindley
Of Counsel
jim@lindleylawoffices.com
July 2, 2013
Ms. Shelia Norman
District Clerk
P.O. Box 909
Belton, TX 76513-0909
500 North 1oth Street
P.O. Box 1384
Killeen, Texas 76540-1384
(254) 634-6969 .254-628-8o83
Fax: (254) 634-6587
Mary Lindley-Wiley
Attorney at Law
mary@lindleylawoffices.com
Re: Gregory Drake v. Sallie Mae, INC. & Yulander Honeycutt
Dear Ms. Shelia Norman:
.........
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Enclosed please find an original and three copies of the Original Petition to be filed with
the court. Please issue citation for service upon Defendants, Sallie Mae at 350 N. St. Paul., Ste.
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2900, Dallas, TX 75201-4234 by certified mail, Yulander Honeycutt at 5007 John David Drive, II:
Apt A, Killeen, Texas and please place in box 134 for personal service.
Also enclosed please find a check for $310.00 for cost.
Should you have any questions regarding this matter, please do not hesitate to contact this
office at the numbers listed above or through e-mail at eloisa@lindlevlawoffices.com.
Enclosures
. . _

Eloisa Perez
Paralegal for
Steven J. Duskie
,
CERTIFIED
DOCUMENT ATTACHED IS A
TRUE & CORRECT COPY
OF THE ORIGINAL ON FILE
t\'1( 07 2013
1
GREGORY DRAKE
Plaintiff,
v.
NO.
<I 1
IN THE DISTRICT CO
I fA JUDICIAL DIST
c.:
SALLIE MAE, INC. & YULANDER
HONEYCUTT, Defendants

OF BELL COUNTY,
ORIGINAL PETITION
FORDECLARATORYJUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Gregory Drake, Plaintiff herein, filing this Petition for Declaratory
Judgment, pursuant to the Texas Unifonn Declaratory Judgments Act, Chapter 37 of the Texas
Civil Practice and Remedies Code, and would show the Court the following;
I. DISCOVERY CONTROL PLAN LEVEL
Plaintiff intends that discovery be conducted under Discovery Level 2.
II. PARTIES AND SERVICE
A. Plaintiff, Gregory Drake brings this action individually. Plaintiff resides in Bell
County, Texas.
B. The last three numbers of Gregory Drake's social security number are 740.
C. Defendant Sallie Mae, Inc., a Corporation based in Texas, is organized under the
laws of the State of Texas, and service of process on the Defendant may be effected pursuant to
sections 5.201 and 5.255 of the Texas Business Organizations Code, by serving the registered
agent of the corporation, CT Corporation System, at 350 N. St. Paul St., Ste. 2900, Dallas, TX
7520 l its registered office. Service of said Defendant as described above can be effected
by certified mail, return receipt requested.
1
D. Yulander Honeycutt, fonnerly known as Yulander Drake, is Petitioner's ex-wife,
and is an individual that resides at 5001 John David Drive, Apt. A, Killeen, Texas. Personal
service may be effected by serving her at that address.
III. JURISDICTION AND VENUE
A. The subject matter in controversy is within the jurisdictional limits of this court.
B. Plaintiff seeks:
1. monetary relief of $100,000 or less and non-monetary relief.
C. This court has jurisdiction over the parties because Defendant is a Texas resident.
D. Venue in Bell County is proper in this cause under Section 15.002(aXI) of the
Texas Civil Practice and Remedies Code because all or a substantial part of the events or
omissions giving rise to this lawsuit occurred in this county.
IV. FACTS
Defendant has alleged to Plaintiff Gregory Drake that he is a co-signor of student loans.
Mr. Drake has advised Defendant that he is not and was not a co-signor of any of the alleged
student loans. Mr. Drake has provided infonnation to Defendant to substantiate that he did not
co-sign any student loans, however, Defendant has refused to remove this obligation on
Plaintiffs credit report. It is Plaintiff's understanding that his ex-wife, Defendant Yulander
Honeycutt, signed his name and/or authorized his name to be placed on the student loans without
Plaintiff's knowledge or approval. This is now causing harm to Plaintiff as it is affecting his
credit and his ability to gain employment of his choosing.
V. RELIEF REQUESTED
There exists a genuine controversy between the parties herein that would be terminated
by the granting of declaratory judgment. Plaintiff therefore requests that declaratory judgment
2
2
be entered as follows:
A. The Court declare and order that there is no contract between Gregory Drake and
Sailie Mae, Inc., and that Gregory Drake has no obligation to Sallie Mae, Inc. and that any
obligation between the parties is owed by Yulander Honeycutt to Sallie Mae, Inc.
VI. A ITORNEY'S FEES
Pursuant to Section 37.009 of the Texas Civil Practice and Remedies Code, request is
made for all costs and reasonable and necessary attorney's fees incurred by Plaintiff herein,
including all fees necessary in the event of an appeal of this cause to the Court of Appeals and
the Supreme Court of Texas, as the Court deems equitable and just.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to
appear and answer herein, and that on final trial hereof declaratory judgment be granted as
requested herein and Plaintiff be awarded costs and reasonable and necessary attorney's fees, and
for such other and further relief that may be awarded at law or in equity.
Respectfully submitted,
Lindley, Wiley & Duskie PC.
Attorneys at Law
P.O. Box 1384
Killeen, TX 7 6 5 4 ~ 1384
Tel. (254) 634-6969
Fax. (254) 634-6587
Attorney for Plaintiff
Gregory Drake
3
-----
CERTIFIEO COttY
DOCUMENT ,(\T'i'ACHEO IS A
TRUE & COR-::!ECT COPY
OF THE OfHGINAL ON FILE
11!10 07 2013
3
CIVIL CASE INFORMATION SHEET c 0
. '
CAliSE NUMBER (FOR CLERK USEONI.Y): ;iJ...(H / f3t4- - COliRT (FOR CLERr USE ONLY): ___ _
STYLED ORIGINAL PETITION FOR DEC LARA TORY JUDGMENT
A civil case infonnation sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental
health c:ase or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at
Name:
STEVE J. DUSKJE
Address:
P.O. Box 1.384
CityfState/Zip:
Killeen, TX 765491384
OConsumerfDTPA
12!DebtfContract
OFraudfMisrepresentation
Ooocr DebtfContract:
Foreclosure
0Home Equity-Expedited
OOtller Foreclosure
OFranchise
Olnsurance

0Non..Cornpetition
0Partnership
Ootller Contract:
Email:
steve@lindleylawoffices.com
Telephone:
(254) 634-6969
Fax:
(254) 6346587
Malpractice
0Accounting
0LegaJ
0MediClll
OOthet Profeuional
Liability:
0Motor Vehicle Accident
0Premises
Product Liabrlity
OAsbestos/SiliCll
OOtller Ptoduct Liability
List Product:
OOther Injury or Damage:
0Administrativc: Appeal
0Antitrust!Unfalr
Competition
0Code Violations
0Foreign Judgment
Olntellcctual Properly
Plaintift{s)fPetitioner(s):
Gregory Drake
Pcfendant(s)!Respondent(s): Additional Parties in Child Support Case:
Custodial Parent:
Sallie Mae Inc & Yulaoder Honeycun
....., ...... ,,w,.. Domain!
Condemnation
0Partition
OQuiet Title
0Trespass to Try Title
OOther Properly:
0Judgmcnt Nisi
0NonDisclosure
0Seizure/Forfeiture
0Writ of Habeas Corpus-
Pre-indictment
OOthtr: -----
0Lawyer Discipline
OPcrpc:tuatc
0Sec:uritiesr&ock.
0Tortious lnterferenc<:
00ther. ____ _
Non-Custodial Parent:
Presumed Fathu:
Declare Marriage Void
Divorce
0With Children
ONoChildren
Judgment
0Habeas Corpus
Name Change
Protective Order
Removal of Disabilities
of Minority
OOtller:
Termination
0Child Protection
0Child Support
0Cmtody or Visitation
OOeatatlbnal Parenting
00randparent Access
B
Parenlagcll'atemily
Tenninalion of f>tlrenl.ll
CAUSE NO. 264814-C
GREGORY DRAKE,
Plaintiff,
v.
SALLIE MAE, INC. & YULANDER
HONEYCUTT,
Defendants.

IN THE DISTRICT COURT
OF BELL COUNTY, TEXAS
169TH JUDICIAL DISTRICT
DEFENDANT SALLIE MAE, INC.'S ORIGINAL ANWER
COMES NOW Defendant Sallie Mae, Inc. ("Sallie Mae") and files its Answer to
Plaintiff's Original Petition and would respectfully show the Court as follows:
I.
GENERAL DENIAL
Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant Sallie Mae
generally denies the allegations contained in Plaintiffs Original Petition ("Petition") and any
amendment or supplement thereto, and demands strict proof by a preponderance of the credible
evidence.
II.
AFFIRMATIVE AND OTHER DEFENSES
Additionally, without admitting that it carries the burden of proof as to any of the issues
raised thereby, Defendant Sallie Mae asserts the following separate and distinct defenses to
Plaintiff's Petition and each purported cause of action therein and prays for judgment as set forth
below.
Defendant Sallie Mae also hereby gives notice that it intends to rely upon such other and
further defenses as may become available during investigation and discovery in this action.

DE FUlDA NT SALLIE MAE, INC.'S ORIGINAL ANSWER PAG1
Defendant Sallie Mae reserves the right to amend this General Denial to assert any such
defenses, based on such investigation and discovery.
1. Plaintiffs claims are barred, in whole or in part, by his failure to allege facts
sufficient to constitute a cause of action.
2. Defendant Sallie Mae is infonned and believes, and on that basis alleges, that
Plaintiff has failed to take reasonable steps to mitigate his damages, if any. Accordingly,
Plaintiff is barred from recovering any damages, or any recovery of damages must be reduced.
3. Plaintiffs claims are barred, in whole or in part, by the applicable statute of
limitations.
4. Plaintiffs claims are barred, in whole or in part, to the extent that Plaintiff, by
reason of his own conduct and actions, has waived any of his purported causes of action against
Defendant Sallie Mae.
5. Plaintiffs claims are barred, in whole or in part, by the doctrine of estoppel.
6. Plaintiffs claims are barred, in whole or in part, by the doctrine of unclean hands.
7. Plaintiff's claims are barred, in whole or in part, by the doctrine of avoidable
consequences.
8. Plaintiffs claims are barred, in whole or in part, by the doctrine of laches.
9. Plaintiffs claims against Defendant Sallie Mae are barred, in whole or in part,
because Plaintiff's alleged hann was caused by other parties' and/or Plaintiffs own negligence,
recklessness, and/or intentional wrongdoing in association with the transactions and events
alleged in the Petition. Accordingly, Plaintiff is barred from receiving any recovery from
Defendant Sallie Mae, or any recovery should be proportionately reduced.
I 0. Plaintiffs claims are barred, in whole or in part, because he consented to and

DEFENDANT SALLIE MAE, INC, 'S Oll/GINAL ANSWER PAGE]
approved all of the acts and omissions about which he now complains.
II. Plaintiffs claims may be barred, in whole or in part, by the doctrines of res
judicata and/or collateral estoppel.
12. The Petition fails to join a necessary and indispensable party.
13. Plaintiff's claims may be preempted in whole or in part by the Federal Higher
Education Act of 1965, 20 U.S.C. 1070, etseq., as amended, and applicable U.S. Department
of Education regulations.
WHEREFORE, PREMISES CONSIDERED, Defendant Sallie Mae, Inc., prays that
Plaintiff take nothing by way of this lawsuit against it. Defendant Sallie Mae, Inc. prays for such
other and further relief, both at law and in equity, to which it may be justly entitled.
DEf.ENDANT SALLIE MA, INC.'s ORIGINAL ANSWER
Respectfully submitted,
Is/Amanda A. Williams
Amanda A. Williams
Texas Bar No. 24065281
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Preston Commons West
8117 Preston Road, Suite 500
Dallas, TX 75225
214.987.3800 (phone)
214.987.3927 (fax)
Amanda. wi II iams@ogletreedeakins.com
ATTORNEYS FOR DEFENDANT SALLIE
MAE, INC.
CERTIFIED COi''Y
DOCUMENT ATTACHEO IS A
TRUE & O R ~ ~ E T COPY
OF HIE ORIGINAL ON FILE
f\llt 07 2013
CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of July, 2013, a true and correct copy of the
foregoing document was served by certified mail, return receipt requested, on the following:
Steven J. Duskie
Lindley, Wiley & Duskie PC
P.O. Box 1384
Killeen, TX 76540-1384

DEFENDANT SALLIE. MAE, INC. 'S0RJG/NAL ANSWER
Is/Amanda A. Williams
Amanda A. Williams
15574400.1
PA.G4
II
IIIII 111111111 IHI Ill
I HIIIIIIIIU IIIIHH I
::.:648:1..4
server
To
SALLIE MAE INC
350 N ST PAUL, STE 2900
DALLAS, TEXAS 75201
THE STATE OF TEXAS
CITATION BY MAIL
Cause No. 264814-0
c: ...
Defendant, in the hereinaher styled and numbered cause:
You are hereby commanded to appear by filing a written answer to the ORIGINAL PETITION FOR DECLARATORY
JUDGMENT at or before 10:00 a.m. on the first Monday following the expiration of twenty (20) days from the date of
service hereof, with the clerk of the 169TH DISTRICT COURT, Bell County, Texas, to be held at the Bell County Justice
Complex Building, District Courts in Belton, Texas, a copy of which accompanies this citation, in eause number 264814
0, styled '?; .. .-.
GREGORY DRAKE .Q .. , .... ,
vs
SALLIE MAE INC
JUl. 1 (' :.J:J
filed in the said court on July 02, 2013.
This was issued at the request of attorney: STEVEN J. DUSKIE, AITORNEYS AT LAW
76540.
NOTICE TO Defendant: You have been sued. You may employ an attorney. It you, or your attorney, do not tflfl a
written answer with the clerk who luued this citation by 10:00 AM on the first Monday following thfJ expiration
of twenty (20) clays after you were served this citation and petition, a default juclgrmmt may be taken agalnat
you.
Witness, Shelia Norman, District Clerk of Bell County, Texas.
Issued and given under my hand and seal of said Court at office in Belton, Texas, on July 02, 2013.
Sheila Norman, District Clerk .
Bell County, Texas
1201 West Huey Road
P.O. Box 909

By: .. Deputy Clerk
DUNIVESA
CERTIFICATE OF DEUVt:BED BY MAIL
I ceritlfy that on 7/02/13 at 3:30pm I mailed by United States Postal Service in postage prepaid enveloPfis, sent by
certified mail, return receipt requested, true copies of the foregoing citation along with a copy of the ORIGINAl
PETITION FOR DECLARATORY JUDGMENT attached to each such citation, all in accordance with the District Clerk
standard mailing procedures, and property addressed to the following person and address:
7012 1010 0000 9601 3234 SD ClCM (2M814-c)
SALUE MAE INC
DALLAS, TEXAS 75201
Bt --"'
Deputy Clerk
.
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I iiiiiiiiiU 111111111111111111 011111
:ZEi4B':l.4
I lilt IIIII I
OR
GREGORY DRAKE
VS
SAL.L.IE MAE INC
ADDRESS FOR SERVICE:
SAL.UE MAE INC
350 N ST PAUL., STE 2900
DALLAS, TEXAS '!5201
RETURN OF CITATION BY CERTIFIED MAIL
Cause No. 264814 0
IN THE
169TH DISTRICT COURT
BELLCOUNTV,TEXAS
Came to hand on July 02, 2013, and executed by mailing to SALLIE MAE INC by certified mail, return receipt requested
with restricted delivery, a true copy of this citation together with an attached copy of ORIGINAL. PETITION FOR
DECL.ARATORV JUDGMENT to the above address.
_____.
This citation was not executed for the following reason:-----------------
BDC_CICM
To certify which witness my hand officially
Sheila Norman, District Clerk
Bell County, Texas '-
1201 West Huey Road
P.O. Box 909
Belton, Texas 76
ATTACH RETURN RECEIPT($) WITH ADDRESSEE'S
SIGNATURES UNLESS DEL.IVE:RY UNSUCCESSFUL.
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Ill ltams 1, 2, and 3. Also complete
Item 4 If Restrlated Dellvely Is desired.
111 Print your name and addnle8 on the reveree
so that we can return the card to you.
Ill AttiiCh thl8 card to the bllck of the mallplece,
or on the front If space penntts.
1. AJtWA A-'-' .
7012 1010 0000 9601 SD OCM (264814--<:)
I SALLlE MAE INC
' oAL.LAS, TEXAS 75201-
... -----
& 7012 1010 - !
PS Fonn3611, February 2004 II
UNITED STATES POSTAL SERVICe
Shelia F. Norman
District Clerk
Bell County, Texas
P. 0. Box 909
Belton, TX 76513-0909
.,', .'Y
CERTIFIED
DOC MENT ATTACHEO IS A
TR E & COfN:H:;;cr COPY
... OF HE ORIGINAL ON FILE
Mil: 07 2013
3

Server BOX 134
To
YULANOER HONEYCUTT
5007 JOHN DAVID DRIVE, APT A
KILLEEN, TEXAS
THE STATE OF TEXAS
CITATION
Cause No. 264814-0
lllllllllt Ill 1111

Defendant, in the hereinafter styled and numbered cause: . . . .
You are hereby commanded to appear by filing a written answer to the ORIGINAL PETITION FOR DECLARATORY
JUDGMENT at or before 10:00 a.m. on the first Monday following the expiration of twenty (20) days from the date of
service hereof, with the clerk of the 169TH DISTRICT COURT, Bell County, Texas, to be held at the Bell County Justice
Complex Building, District Courts in Belton, Texas, a copy of which accompanies this citation, in the cause number
264814 0, styled
GREGORY DRAKE
vs
SALLIE MAE INC
filed in said court on July 02, 2013.
This was issued at the request of attorney: STEVEN J. DUSKIE, AITOANEYS AT LAW P.O. BOX 1384 KILLEEN, TEXAS
76540.
NOTICE TO Defendant: You have been sUBd. You may employ an attorney. If you, or your attorney, do not file a
written answer with the clerk who Issued this citation by 10:00 AM on the first Monday following the expiration of
twenty (20) days after you were served this citation snd petition, s default judgment may be taken against you.
Witness, Shelia Norman, District Clerk of Bell County, Texas.
Issued and given under my hand and seal of said Court at office In Belton, Texas, on July 02, 2013.
Sheila Norman, District Clerk
Bell County, Texas
1201 West Huey Road
P.O. Box909
Bel Tex 513 .
.s::.;;:Qeputy Clerk
Clerk's
Copy
bdc_clt

Sallie Mae Petition For Declaratory Judgment

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