" fVoftefe IWalci ftu>a3ne WK»W,dS ' z°'3-/1s6s PROPHET-RONALD DWAYNE-WHITFIELD § IN THE DISTRICT COURT50F V. § HARRIS COUNTY, TEXAS FIRST SERVICE CREDIT UNION^nd ?§ ^IJ'»' 3<X>ftJJ ftMU BIG STAR HONDA § 133rd JUDICIAL DISTRICT WellanVs kmavkd' MoVion-To fcisntss r\Ptea\ £>r ViwA of duriU'^w (to» M6-r)Pvis to *1Ki*,£ DEFENDANT, FIRST SERVICE CREDIT UNION'S JM «w g wct, Dos ORIGINAL ANSWER &ORIGINAL COUNTERCLAIM 1*)» TH -SUPMT/HJf fiff.ow.T To THt UokioRftfct£ 3usTjZis of Sftm CouK"T~5? RTPUHL?^ TO THE HONORABLE JUDGECOF SAID COURT: J ° COMES NOW/i?rRST SERVICE CRbDU UNiONr^efendanUiereinafter referred to as *f3CU", who files this its Original Answer & Original Counterclaim in the above-styled caus&, showing unto the Court the following: Original Answer 1. As an affirmative defense,HFS€U-pleads material breach and anticipatory repudiation

2. As an affirmative defense, FSeU-pleads failure ofconsideration. ^° I 4 ^0/5 3. As an affirmative defense, FS6U-pleads waiver. o.^ ' Pfi//VE 4. As an affirmative defense,-izS€U-pleads estoppel.

5. As an affirmative defense, FSCU pleads statute of frauds.

6. As an affirmative defense, FS€U- pleads equity, as -Piakrtiikdoes not come into this court with clean hands£ $j C\ n* Jflx>rtW no oTMeK 7. As a sworn denial, FSetj-pleads-that. there is at least one other suit pending in this State between Plaintiff and Co-Defendant, BIG STAR HONDA, involving the same automobile purchase transactions) and claims, which claims are intertwined with the automobile purchase transaction complained of in this cause by Plaintiff against FSCU. The sworn Verification of FS€y-*mdersigned oounook is attached, per TRCP 93(3).

8. -FSCU pleads thatthis lawsuit should be transferred to the 295* Judicial District Court of Harris County, Texas, as required by Local Rule 3.2.2 of the Rules of the Civil Trial Division, Harris County, Texas District Courts, as Plaintiff has previously filed and related lawsuits in said court, under Case Nos. 2015-08974 and 2015-19565.

9. Regarding Plaintiffs request for exemplary damages, PSCU-pleads and invokes the standards and limitations for same set forth in Section 41.001 et seq., Texas Civil Practice & Remedies Code, and the Excessive Fines Clause of the United States Constitution, 8th Amendment. - „ 10. ^SCU•generally denies each and every, all and singular, of the allegations made by Plaintiff, as to both liability and damages, and demands that Plaintiff prove his claims by a preponderance ofthe evidence^ "^nd &&ft *^MO S 5>~t \^i CT p (^ qq p. fgVf n. c?v» fro. °a* Original Counterclaim 11. Defendant/Counter-Plaintiff, FIRST SERVICE CREDIT UNION, is a duly chartered credit union doing business in Harris County, Texas. Discovery shall proceed under Level 2, Rule 190, Texas Rules of Civil Procedure. FSCU's Counterclaim seeks only monetary relief of $100,000.00 or less, including damages of any kind, penalties, costs, pre-judgment interest and attorney's fees.

12. Plaintiff/Counter-Defendant, PROPHET RONALD DWAYNE WHITFIELD, is an individual residing in Harris County, Texas who is being served with this Original Counterclaim by certified mail, return receipt requested at his residence, 7522 Lasalette, Houston, Texas 77021. His date of birth is 05/24/1966, the last three digits of his social security number are 443, and the last three digits of his Texas driver's license number are 327.

13. For cause of action, PROPHET RONALD DWAYNE WHITFIELD signed and entered into a Consumer Lending Plan Agreement With FSCU, on or about December 30, 2014, secured by a 2008 Mazda CX7 automobile, V.I.N. JM3ER293080215014. FSCU is the owner and holder of said contract and is entitled to collect all monies due thereon. Plaintiff

was loaned the principal amount of $7,613.31, which was to have been repaid in 36 monthly installments, beginning March 1, 2015 and ending February 1, 2018, bearing annual interest rate of 13.00%. FSCU retained a perfected security interest in the 2008 Mazda CX7 automobile, V.I.N. JM3ER293080215014 by listing itself as lienholder on the Texas Certificate of Title.

14. PROPHET RONALD DWAYNE WHITFIELD defaulted on the Consumer Lending Plan Agreement by failing to make all monthly payments as they became due for the months of June, 2015 forward* and by abandoning possession of the vehicle and leaving same with a third party for the months of February, 2015 through August, 2015. FSCU deemed the prospect of future payment or performance as impaired, and believed its collateral was in jeopardy of being seized, levied against or attached, or that its security interest had become impaired; hence, FSCU accelerated the balance owed on said contract and gave written notice of acceleration to PlaintiffWHITFIELD on August 6, 2015and repossessed its collateral from the possession of a third party contemporaneously therewith.

15. FSCU further gave written notice to Plaintiff WHITFIELD that a private sale would take place if the automobile was not first redeemed by Plaintiff WHITFIELD, and caused the automobile to be sold at a private sale, in a commercially reasonable manner on or about August 20,2015, realizing gross resale proceeds of $3,000.00, leaving a deficiency balance. As of August 24, 2015, Plaintiff WHITFIELD owed FSCU, and still owes, a deficiency balance of $4,303.27, after which date contractual pre-judgment interest of 13.00% per annum will accrue until the date of Judgment. All just and lawful offsets and credits owed to Plaintiff WHITFIELD have been allowed.

16. Plaintiff WHITFIELD'S breach of contract has required FSCU to retain the undersigned attorney to prosecute its Counterclaim. FSCU seeks to recover its reasonable and necessary attorney's fees to be determined on an hourly basis, per Sections 38.001 and 38.002, Texas Civil Practice & Remedies Code, and its Consumer Lending Plan Agreement.

Prayer for Relief 17. WHEREFORE, Defendant/Counter-Plaintiff, FIRST SERVICE CREDIT UNION, prays that upon final adjudication, PROPHET RONALD DWAYNE WHITFIELD take nothing from FIRST SERVICE CREDIT UNION, that it be granted a Judgment against Plaintiff/Counter-Defendant, PROPHET RONALD DWAYNE WHITFIELD, for at least $4,303.27 in actual damages, foreclosure of its security interest in the 2008 Mazda CX7 automobile, V.I.N. JM3ER293080215014, plus reasonable and necessary attorney's fees to be determined on an hourly basis, all Court costs, pre-judgment interest at 13.00% per annum, post-judgment interest at ho less than 5.00% per annum from the date of the Judgment until Judgment is paid in full, and that the Court grant FSCU such other and further relief, both general and special, at law or in equity, to which FSCU may show itselfjustly entitled.

Respectfully submitted, By: /s/ Chris Cammack Christopher M. Cammack State Bar No. 03682100 10900 Northwest Freeway, Suite 108 Houston* Texas 77092 Ph. 713-960-1921/Fax 713-960-1922 E-mail: [email protected] ATTORNEY FOR DEFENDANT, FIRST SERVICE CREDIT UNION VERIFICATION

STATE OF TEXAS COUNTY OF HARRIS §

BEFORE ME, the tindersigned authority, of this date personally appeared Christopher M. Cammack, a person known to me,, who upon being sworn under oath, stated that he is over years of age, of sound mind, that helaas read the foregoing Defendant FSCU's Original Answer, and that the averments of fact contained^tijerein are true and correct within his personal knowledge, and that he makes this Verification under authority of TRCP 14and 93.

fay*. C*Ml %lIS2,co/f /fa (^u^ci Christopher M. Cammack

SCRIBED AND SWORN TO BEFORE ME, the undersigned Notary Public, on this

€& 37jg^yiAl<_^, JOY A •I MY COMMISSION JULY 31,2018 Notary FVblic - State of Texas wmemmmmm certificate: of service I hereby certify that a copy of the foregoing pleading has been has been served by certified mail, return receipt requested upon PlaintiH. PROPHET RONALD DWAYNE WHITFIELD, 7522 Lasalette, Houston, Texas 77021 and has been served by e-mail upon counsel for Big Star Honda, Daniel C. Pappas, at dcp@,danielcpappafepc.com on Sept. 8,2015.

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