SO JUST RECEIVED THIS NOTICE IN THE MAIL. june 8th, monday; about 3PM.. a follow up ost will contain an extension of the original PETITIONERS VERIFIED PETITION noted in this respondents answer..
I have to do the electronic/computer transfer/posting ..
THE MAYORS ATTORNEY NEPHEW( consigliere)- Adam Henry; of Beers, Mallers, Backs, and Salin- a top dollar law firm if you're "lawyering up"-
basically- MAYOR HENRY DENIES THE ALLEGATIONS AND DEFIES THE ALLIGATORS
"PLEADING THE 5TH"- I WOULD CALL IT.
CAUSE NUMBER:
02C01-1505-MI-000500-
MYCASE.IN.GOV- go look it up for your selves.
RESPONDENTS ANSWER TO PETITIONER'S VERIFIED PETITIONS FOR ELECTION CONTESTMENT AND AFFIRMATIVE DEFENSES
TEXT- AS ALL THESE GOVT PEOPLE ARE SENDING ONLY PRINTED COPIES AND NOT DUPLICATE PDF'S FILES - which any IT geek knows can be easily re broadcast across the world..
COMES NOW Respondent, Thomas C. Henry ("Henry"), by counsel, and for his Answer to Petitioner's Verified Petition for Election Contestment ( the "Verified Petition"), states as follows:
1. That the Material allegations contained in Paragraph 1 of Petitioner's Verfied Petition do ont address themselves to Henry; and therefore, Henry makes no responses thereto. To the extent that any of the material allegations contained in Paragraph 1 of the Petitioner's Verified Petition do address themselves to Henry, he denies same.
2. That the material allegations contained in Paragraph 2 of the Petitioner's Verified Petition do not address themselves to Henry, and therefore, Henry makes no response thereto. To the extent thast any of the material allegations contained in Paragraph 2 of Petitioner's Verfied Petition do address themselves to Henry, He denies same.
3. Henry admits he is an adult male, that he is a resident of the City of Fort Wayne, County of Allen, state of Indiana; and that he is a Democratic candidate for the office of the Mayor of the City of Fort Wayne
4. That the material allegations contained in Paragraph 4 of Petitioner's Verified Petition do not address themselves to Henry, and therefore, Henry makes no response thereto. To the extent that any of the material allegations contained in Paragraph 4 of Petitioner's Verified Petition do address themselves to Henry, he denies same.
5. That the material allegations contained in Paragraph 5 of Petitioner's Verified Petition do not address themselves to Henry, and therefore , Henry makes no response thereto. To the extent that any of the mateirla allegations contained in Paragraph 5 of the Petitioner's Verified Petition do address themselves to Henry, he denies same.
6. Henry is without sufficient information to either admit or deny the allegations set forth in Paragraph 6 of Petitioner's Verified Petition, and therefore, denies same.
7. Henry admits that the primary election in the City of Fort Wayne, County of Allen, State of Indiana , was conducted on May 5th, 2015.
8. Henry is without sufficient information to either admit or deny the allegations set forth in Paragraph 8 of Petitioner's Verified Petition, and therefore, denies the same.
9. Henry only admits that he secured 5,676 votes in the Democratic primary election held May 5th, 2015, in the City of Fort Wayne, County of Allen, State of Indiana. As to any and all other allegations set forth in paragraph 9 of Petitioner's Verified Petition, Henry is without sufficient information to admit or deny those allegations, and therefore, denies same.
10. Henry admits that Petitioner desires to contest the Democratic primary election as to the office of the Mayor of the City of Fort Wayne.
11. That the material allegations contained in Paragraph 11 of petitioners Verified petition do not address themselves to Henry, and therefore, Henry makes no response thereto. To the extent that any of the material allegations contained in Paragraph 11 of the Petitioner's Verified Petition do addres themselves to Henry, he denies same.
12. That the material allegations contained in Paragraph 12 of Petitioner's Verified Petition do not address themselves to Henry, and therefore, Henry makes no response thereto. to the extent that any of the material allegations contained in Paragraph 12 of Petitioner's Verified petition Do address themselves to Henry, He denies same.
13- Henry only admits that he is a respondent in this cause of action and that he resides at 2211 North Schomburg Drive, Fort Wayne, Indiana, 46808. As to any and all other allegations set forth in Paragraph 13 of Petitioner's Verified Petition, Henry denies same.
14. That the material allegations contained in Paragraph 14 of Petitioner's Verified petition do not address themselves to Henry, and therefore, Henry makes no response thereto. To the extent that any of the material allegations contained in Paragraph 14 of the Petitioner's Verified petition do address themselves to Henry, he denies same.
15. Henry is without sufficient information to either admit or deny the material allegations set forth in Paragraph 15 if Petitioner's Verified Petition, and therefore , denies same.
16. Henry Denies that he was ineligible pursuant to Indiana code s/s
3-12-8-2-1(1). As to any and all other allegations set forth in Paragraph 16 of the Petitioner's Verified Petition, Henry is without sufficient information to either admit or deny those allegations, and therefore denies same.
17. Henry only admits that he was declared nominated or elected as a Democratic candidate for the office of the Mayor of the City of Fort Wayne. As to any and all other allegations against Henry set forth in Paragraph 17(a), ( b), and (c), he denies same. As to any and all other allegations against Tom Cook, set forth in Paragraph 17(d), Henry is without sufficient information to either admit or deny those allegations, and therefore denies same.
18. Henry denies the allegations set forth in Paragraph 18 of Petitioner's Verified Petition.
19. Henry denies the alegations set forth in Paragraph 19 of Petitioner's Verified Petition.
Wherefore, Respondent, Thomas C. Henry, by Counsel, respectfully requests that Petitioner take nothing by way of his Verified Petition for election Contestment, that judgment be rendered in favor of Thomas C. Henry; that this Court affirm that Thomas c. Henry is an eligible candidate, and declare Thomas c Henry as elected or nominated to run in the general election for the office of the Mayor of the City of Fort Wayne; for costs of this action; and for all other just and proper relief in the premises.
AFFIRMATIVE DEFENSES
COMES NOW Respondent , Thomas C. Henry ("Henry"), by counsel, and for his Affirmative Defenses, states as follows:
1. Petitioner's Verified Petition for election Contestment fails to state a claim upon which any relief may be granted and, as such, it should be dismissed in its entirety.
2. Petitioner's claims against Henry are frivolous, unreasonable, and groundless and, therefore, Henry is entitled to have petitioner pay his attorney's fees and costs pursuant to Indiana code s/s34-52-1-1.
3. Petitioner is litigating these claims against Henry in bad faith.
Wherefore, Respondent, Thomas C. Henry , by counsel, prays that this court dismiss the Petitioner's Verified Petition for Election Contestment
in its entirety; that this court award Thomas C. Henry's attorney's fees
pursuant to Indiana code s/s 34-52-1-1 after finding that Petitioner brought this action on a claim that is frivolous, unreasonable, and groundless and, further, that petitioner litigated this action in bad faith; and for all other just and proper relief in the premises.
Respectfully submitted.
Beers, Mallers, Backs and Salin LLP.
by Adam M Henry (27871-02)
110 West Berry St ste 1100
Fort Wayne Indiana 46802
260-426-9706
Attorneys for Thomas C. Henry
CERTIFICATE OF SERVICE
the undersigned hereby certifies that a true and correct copyof the above and foregoing was served this 5th day of June , 2015, by deposoiting the same in the United States mail, first class postage pre-paid, and addressed to:
David Christopher Roach
4936 Innsbruck Drive
fort Wayne Indiana 46835
Carrie Hawk Gutman
Hawk Haynie Kammeyer&Smith
116 East Berry street Ste 302
Fort Wayne Indiana 46802
Richard Stevenson
4100 Abbott Street
Fort Wayne Indiana 46806
Tom Cook
3112 Lafayette Street
Fort Wayne , Indiana 46806
signed ADAM M. HENRY
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