Dear Joe,Please expect the Parole Board to revoke your parole and return you to Huntsville with all your Good Buddies. :>)))))))LOL You have no idea who you are messing with! :>)))))) LOL Nor does your Attorney. :>)))) LOL CAUSE NO. _____________________ H. Glenn Gunter, Plaintiff § § IN THE _________ JUDICIAL § VS. § § DISTRICT COURT Joe Chitty, and § § Howard E. Watt § Defendants § DENTON COUNTY, TEXAS PLAINTIFFS ORIGINAL PETITION (AND REQUEST FOR PERMEANANT INJUCTION) TO THE HONORABLE JUDGE OF SAID COURT: I. DISCOVERY AND CONTROL PLAN In accordance with TEX. R. CIV. P. 190.1, ET SEQ., Plaintiff request that discovery in this action be governed by the Level 3 Discovery Control Plan. II. PARTIES COMES NOW H. Glenn Gunter- “Plaintiff” who complains of Joe Chitty and Howard E Watt- “Defendants” (and others in active concert therewith not known to Plaintiff at the time of this filing), hereinafter collectively sometimes referred to as “Defendant/s” whether individually or collectively identified, and for just cause of action will show the court as follows: III. VENUE AND STATEMENT REGARDING PROCEEDINGS Venue is proper in this Court with respect to Plaintiff pursuant to TEX.CIV.PRAC. & REM. CODE; SUBCHAPTER B. MANDATORY VENUE § 15.004, §15.017. and Business and Commerce Code § 15.21. Plaintiff is entitled to seek relief under separate jurisdiction in accordance with Mandatory Venue as set forth hereinabove and for the reasons set forth in Item “V”, paragraph 2, hereinbelow. IV. CAUSES OF ACTION THAT, Plaintiff hereby complains of Defendant, (and others in active concert therewith not known to Plaintiff at the time of this filing) in connection with damages sustained as a result of violations (AS HEREINAFTER SET FORTH, DESCRIBED AND SUPPORTED) under the following statutes, to wit: a) Liable, Slander, Invasion of Privacy, Civil Practices & Remedy Code Ch.73. b) Unlawful Restraint of Trade, Business and Commerce Code, Title 2, Chapter 15 Subchapter A. and 15.22 c) Tortuous Interference with a Business Contract, Civil Practices & Remedy Code § 9.002. (a)(2) Et seq. d) Threatening to File a False, Misleading, Frivolous Claim against Plaintiff in Violation of Civil Practices & Remedy Code Chapter 9. Subchapter A. et seq. and in (Civil prosecution of ) Blackmail and Extortion Criminal violation of Sec. 31.02, Ch.31, Title 7 of the Texas Penal Code. e) Accordingly and for just cause of action will show the court as follows: V. STATEMENT OF FACTS IN SUPPORT OF PLAINTIFF 1.) This is a suit for damages to the personal and business reputation of Plaintiff resulting from the negligent or intentional, malicious, false and defamatory oral and written statements of Defendants made to drive Plaintiff out of the Lease agreement with Plaintiffs Landlord and to cause Plaintiff emotional and financial distress and actions constituting tortuous interference with Plaintiffs Landlord/Tennant relationship and personal business contracts by issuing threats, false statements and threatening false, misleading demands. 2.) H. Glenn Gunter, Plaintiff files this suit in prosecution of matters affecting his interest as Plaintiff and has no other remedy at law. 3.) Defendant, Joe Chitty is an Individual working for McCallum Services performing manual labor in Plumbing, Pool Equipment and yard, landscaping and general clean-up and manual labor services who has been employed for various jobs in the said capacity by Plaintiff for a period of time in excess of one year. 4) Defendant Howard E. Watt is an Individual and an Attorney, representing Joe Chitty and is guilty of conspiracy, blackmail and extortion together and with each other to deprive Plaintiff of money as more fully described in the causes defined and more fully set forth herein for which Plaintiff sues for Civil Personal damages in connection therewith. 4) Defendant Joe Chitty has been supplying services, as mentioned hereinabove, with other employers for the benefit of himself directly or for that of McCallum Services during the period of time set forth in item 3 hereinabove or since 1973 as promoted by his personal business card. 5) a) On or about July 6, 2014 Joe Chitty working individually or else in conjunction with McCallum Services, was hired to mow and trim the grass at the residence of Plaintiff as he had done on numerous occasions in the past and to clean up heavy construction materials left behind in previous contract jobs on Plaintiffs residence. While Plaintiff was getting another cup of coffee upon return to the patio Joe Chitty claimed he had hurt his ankle which had swelling but no apparent subcutaneous hematoma however Plaintiff prepared an ice bucket and chilled his ankle suggesting he go to a doctor for further evaluation. Joe Chitty, departed but returned on July 8,2014 with a soft cast on his ankle and conducted heavy manual labor during the period of July 8, 9, 10 and 11th. Mr. Chitty in pursuit of the cleanup and finishing the lawn ran over approximately half dozen solar lights with his truck and trailer lining the driveway and those he did not run over he destroyed ( 6 more) with the lawn mower or weed eater. Plaintiff paid Mr. Chitty $400.00 and gave him a HD Flat Screen TV worth approximately $400.00 for his services. b) Plaintiff did not hear from Mr. Chitty again until weeks later (July 31, 2014) receiving a certified letter in the mail from Howard E. Watt, Attorney at Law, copied to Plaintiffs Landlord Mr. Bob Buss, requesting I or Mr. Buss identify my homeowners or renters insurance provider in order for him to make a claim. Mr. Watt failed to state what Claim Mr. Chitty was making. Accordingly, Plaintiff called Mr. Watt and advised his letter failed to state a claim upon which any money or damages or liability could be made under any theory of contract or tort law. Mr. Watt refused to answer. Plaintiff asked Mr. Watt if Mr. Chitty was making a claim for 1) Lost Wages, 2) some disability, 3) pain and suffering, and/or 4) Medical expenses. Mr. Watt again failed to state any purpose or claim Mr. Chitty had. Mr. Watt then requested Plaintiff grant him permission to come upon the property for the purpose of photographing the area which Mr. Chitty claimed he was injured. Plaintiff advised Mr. Watt he had no authority to grant such without the express consent of his landlord, Mr. Buss, with whom Plaintiff was already Persona Non Grata therewith because Plaintiff is divorcing his Russian wife and whom the wife of Mr. Buss is best friends with who also owns the house next door to Plaintiff. Plaintiff also advised Mr. Watt he ‘suspected’ Mr. Chitty was already Totally Disabled, drawing Social Security and receiving Medicaid Benefits, therefor any claim for lost wages, disability or medical expenses is false, baseless groundless and without good faith and that Mr. Chitty was a con man seeking a quick buck for an occurrence and occurrences he should have not been conducting in the first place. c) August 19, 2014 Plaintiff received a letter dated August 11, 2014 in the U.S. Mail from Defendant Howard E. Watt, again copied to Plaintiffs Landlord, demanding a payment of $7,500.00 cash, not for Mr. Chitty’s injuries, but under threat of contacting Plaintiffs wife’s attorney with some “information” detrimental to Plaintiff. Accordingly, Defendant Joe Chitty has conspired, agreed and confederated together and with a Defendant Howard E. Watt to maliciously threaten Plaintiff by a written communication to accuse Plaintiff of some crime or offense thereby threatening an injury to Plaintiffs person, property, and/or reputation which further maliciously threatens to expose Plaintiff to some ‘disgrace’ or to expose some secret affecting Plaintiff with the intent to extort money and with the intent to compel Plaintiff (and or another person i.e. Mr. Buss) to do an act against Plaintiffs will and the subject Defendants are accordingly guilty of a felony of the second degree in violation of the Texas Penal Code, Title 7, Chapter 31, Sec. 31.02. VI. Causes of Actions A. Interference with Existing Landlord/Tennant Relationship 1. Plaintiff restates as if set forth fully herein paragraphs _1__ through 5 above. 2. Plaintiff will show this Honorable Court that Defendants conspired, agreed, and confederated together and with each other (and with others unknown at the time of this filing), to issue verbal phone calls, complaints and written correspondence to Plaintiffs Landlord and their immediate family before and after filing suit in an attempt to discredit Plaintiff and have his Lease on his residence and contract thereof terminated with Plaintiffs Landlord because of some unknown frivolous, baseless, groundless and untruthful violation which Plaintiff will show this Honorable Court that such was frivolous and unwarranted and was intended to cause fear, alarm, concern, mental anguish and continue the threat of the intent by Defendants thereby causing business, personal and economic alarm designed to induce your Plaintiffs Landlords to cease all business with Plaintiff, in violation of Civil Practices & Remedy Code Chapter 9. Subchapter A. et seq. and Civil Practices & Remedy Code § 9.002. (a)(2) Et seq. 3) Plaintiff will show that Defendants, with Malice and aforethought, has waged a written campaign of Threat and Terror to the Landlord relationship of Plaintiff as early as July 31, 2014 threatening economic harm via and complicity by such verbal, e-mail and Fax Communications that was intended to scare and induced the Landlord of Plaintiff into making a cash payment to Defendants which constitutes an unlawful flagrant action that is groundless, baseless, and a bad faith action for the purpose of extortion, harassment, and tortious interference with a business relationship of Plaintiff, in violation of Business and Commerce Code, Title 2, Chapter 15, et seq.* and in violation of Criminal violation of Sec. 31.02, Ch.31, Title 7 of the Texas Penal Code** for which Plaintiff sues herein for Civil Damages. * which additionally provides for criminal prosecution of such persons and prescribes a punishment of confinement in the Texas Department of Corrections for a term of not more than three (3) years or by fine of not more than $5,000.000 or both. **which additionally provides for criminal prosecution of such persons and prescribes a punishment of confinement in the Texas Department of Corrections and/or fine to be determined by the trier of the facts. As a cumulative result of the actions described herein Plaintiff will show this Court (for the benefit of referral to other authorities) Defendants are guilty of: Extortion: “Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided,,,,,,,,”a violation further subject to The Racketeer Influenced and Corrupt Organizations Act (RICO). and, Additionally, Plaintiff will show this Court the Defendants are guilty of Deception, induced by coercion, to exercise control over Plaintiffs property (the Demand for Money without statement or reason for such damages or demand) and deprive Plaintiff of his property (cash) and with a conduct of false misleading impression of law or threats of use of or withholding actions under color of law and fact that is likely (and has as stated hereinabove) affected the judgment of another (his Landlord) in a transaction and is further guilty of failing to correct such false impression of law or fact that is likely to affect the judgment of Landlord or another in a transaction, that the actor previously created or confirmed by words or conduct.* *Additionally, these actions are in violation of PENAL CODE Chapter 31, 31.091 et seq. for which Plaintiff upon presentment of the facts to this Court request this Court to submit to the Denton County District Attorney, the Attorney General of the State of Texas, and the United States Attorney for Federal violation of Extortion and RICCO statutes, for subsequent prosecution. Additionally, for the reasons set forth hereinabove, Defendants (in conspiracy and conjunction with others unknown at the time of this filing) for its unlawful, unconscionable actions and course of action, is guilty of violation of Deceptive Trade Practices, Ch. 17. Subchapter B. § 17.46 et seq.* for their false, misleading, and/or deceptive acts or practices in the conduct of any trade or commerce ()particularly the Uniform Commercial Code Acts regarding Landlord/Tennant relationships. * Plaintiff points out to this Honorable Court that copies of this proceeding are simultaneously filed with the Attorney General of the State of Texas as required by statute for action by the consumer protection division for the State of Texas under Sections 17.47, 17.58, 17.60, and 17.61 of said code. B. Interference with Potential Business/Landlord/Tennant Relationships. 1. Plaintiff restates as if set forth fully herein paragraphs _1__ through _5_ above. 2. Defendants conduct also tortuously interfered with the potential business relationships of Plaintiff. Defendant’s actions, jointly and severally, all as set forth herein were done so with an intent to interfere with the potential Landlord/Tennant business relationships that in all reasonable probability would arise. As a result of Defendants tortuous interference Plaintiff has suffered actual harm and damage, including pecuniary loss, mental anguish, emotional distress and harm to his personal reputation in an amount of not less than $150,000.00. Further, because Defendants acted with actual malice, Plaintiff is entitled to punitive damages in an amount requested and/or to be determined by the jury. VII. DAMAGES Although no one has the right to be protected from personal liability for personal damages if such Liability and Damages are proven in a court of law, everyone has the right to enjoy the fruits and advantages of his own personal good qualifications and compliances with written Contracts with their Landlords, free from unlawful, malicious and wanton interference, disturbance and annoyance. Plaintiff brings this suit because Defendants conduct falls well outside the scope of even the most vigorous of extortion and tortious interference by virtue of their written demands upon Plaintiff and his Landlord. Defendant’s actions as described herein are not only civilly unlawful but criminal. Instead, Defendants are attempting to drive Plaintiff out of his home through a scheme of terror, by Slandering the reputation of Plaintiff with baseless lies and “Threats of Prosecution against Plaintiffs Landlord” against and innocent third parties, if they continue business/Leasing with Plaintiff and spreading defamatory and disparaging misinformation regarding the Plaintiff and his responsibility for false and frivolous claims of the Defendants in their prosecution of “Extortion” Parading as Law. Plaintiff will show this Honorable Court such intent has been expressed by Defendants to Plaintiffs Landlord and has threatened to contact his Wife’s Attorney as well as his Landlord through verbal and written communications as described in item 5. C) above, which demonstrates the Motive of Defendants is to drive Plaintiff out of his residence and sabotage his Pending Divorce proceedings which is unlawfully and ‘strong arming’ him by the legal definition of “Extortion” and “Blackmail”, and in violation of the laws set forth herein and principles of free use and enjoyment of his residence and tortious interference with his Divorce proceedings in violation of the Laws of the State of Texas. WHEREFORE, PREMISES CONSIDERED, Plaintiff request that Defendants, jointly and severally, be cited to appear and answer and that on final hearing upon trial of facts that Plaintiff be awarded: a) Actual damages in an amount of not less than $85,000.00, together with interest thereon at the lawful rate, including reasonable attorney fees, costs of court and Punitive or Exemplary damages in the amount of not less than $ 500,000.00 or such other amount as deemed appropriate by the trier of the facts and pursuant to Business and Commerce Code §Chapter 41, et seq. and for violations of Criminal Statutes (For Civil Damages) in violation of Sec. 31.02, Ch.31, Title 7 of the Texas Penal Code. b) Such other and further relief as shown to be just, fair and equitable. VIII. REQUEST FOR PERMENANT INJUNCTION Plaintiff restates as if set forth fully herein item V. Defendants conduct has already irreparably harmed Plaintiff’s personally and financially and in non-financial ways, and will continue to do so absent this Court’s intervention. Defendants conduct is completely without right or entitlement. Plaintiff will continue to be damaged and injured by the Defendants conduct through the possible loss of home and shelter and of goodwill and permanent injury to the reputation of Plaintiff in this and surrounding communities and directly with his Landlord. Plaintiff has no adequate remedy at law for the injuries described herein. The injuries and losses are continuing. For the reasons stated in this pleading, Plaintiff requests that, before trial, this Court permanently enjoin Defendants from soliciting Plaintiffs Landlord and any others unknown to Plaintiff and/or making false statements to them regarding Plaintiff and/or his prosecution of his personal Divorce cause, from making false statements about Plaintiff to his Landlord or their family, his estranged wife and her attorney, and from making false statements regarding Plaintiff generally. IX. RIGHT TO PLEAD Plaintiff reserves the right to plead further orally upon trial of this matter. X. TRIAL BY JURY Plaintiff respectfully request Trial by Jury. Respectfully Submitted _________________________ H. Glenn Gunter-Pro Se 10631 Rolling Hills Dr. Little Elm, Texas 75068 (972) 742-3344 Phone E-mail: glenngunter@ggunter CERTIFICATE OF SERVICE I hereby certify that on this the 21st day of August, 2014, a true and correct copy of Plaintiffs Original Petition and Request for Permanent Injunction has been served, by certified mail, return receipt requested, on the following counsel of record: Defendants: Joe Chitty and Howard E. Watt CC: Joe Chitty C/o Howard E. Watt 1112 North Locust Street Denton, Teas 76201 Howard E Watt, Attorney at Law 1112 North Locust Street Denton, Teas 76201 Attorney General-State of Texas, Austin, Texas District Attorney-Denton County, Texas F.B.I.-Dallas, TX Office-White Collar Crimes Division Social Security Administration-Dallas Divison-Denton County Office The State Bar of Texas in Re: Howard E. Watt-Attorney at Law Violation of Deceptive Trade Practices, Chapter 17. Subchapter B. § 17.46. Deceptive Trade Practices Unlawful (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections 17.47, 17.58, 17.60, and 17.61 of this code. (b) Except as provided in Subsection (d) of this section, the term false, misleading, or deceptive acts or practices includes, but is not limited to, the following acts: (1),,,,, (8) Disparaging the goods, services, or business of another by false or misleading representation of facts;
Posted on: Wed, 20 Aug 2014 21:57:30 +0000