IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
AYUZO'S BROTHERS PROPERTIES,
LLC
Plaintiff,
vs.
SOUTHERN TULSA TLC, LLC;
SOUTHERN HILLS REHAB CENTER, LLC;
SOUTHERN TULSA, LLC;
SERVISFIRST BANK;
Defendants.
IMPORTANT NOTICE REGARDING YOUR RIGHTS UNDER FEDERAL LAW: UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY-FIVE (35) DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT, OR ANY PORTION OF THIS DEBT, THIS OFFICE WILL ASSUME THAT THE DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THIRTY-FIVE (35) DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL: OBTAIN VERIFICATION OF THE DEBT (OR OBTAIN A COPY OF THE JUDGMENT, IF THE DEBT HAS BEEN REDUCED TO JUDGMENT) AND MAIL THE VERIFICATION TO YOU. IN ADDITION, IF YOU REQUEST FROM THIS OFFICE IN WRITING WITHIN THIRTY-FIVE (35) DAYS AFTER RECEIVING THIS NOTICE, THE OFFICE WILL ALSO PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
PETITION
Plaintiff, Ayuzo’s Brothers Properties, LLC, for its cause of action against the Defendants named above, alleges and states the following:
1. The Plaintiff is a limited liability company conducting its business in Tulsa County, Oklahoma.
2. The Defendant, Southern Tulsa TLC, LLC, is a limited liability company conducting its business in Tulsa County, Oklahoma.
3. The Defendant, Southern Hills Rehab Center, LLC, is a limited liability company conducting its business in Tulsa County, Oklahoma.
4. The Defendant, Southern Tulsa, LLC, is a limited liability company conducting its business in Tulsa County, Oklahoma.
5. The Defendant, Servisfirst Bank, is conducting its business in Tulsa County, Oklahoma.
6. This Court has jurisdiction of the subject matter of this lawsuit and over the parties to the lawsuit; and venue is proper in Tulsa County, Oklahoma.
COUNT I - BREACH OF CONTRACT
For its first count, Plaintiff incorporates each and every paragraph herein by reference and further states:
7. Plaintiff entered into an agreement with Defendants for construction services.
8. The labor and materials were furnished for use on the building of the premises for Defendant, Southern Hills Rehab Center, LLC, located at 5170 S. Vandalia Ave., Tulsa, OK 74135 and owned by Defendant, Southern Tulsa TLC, LLC, covering the following described real property, together with all improvements then existing or thereafter erected upon such property, and all easements, rights, appurtenances, rents, and fixtures, as well as all replacements thereof and additions thereto attached hereto as Exhibit A (hereafter referred to as the "Property").
9. Defendant, Southern Hills Rehab Center, LLC is indebted to Plaintiff in the amount of $6,368.66 for labor and materials, as further described in Exhibit B.
10. Plaintiff should be entitled to its attorney fees and costs.
11. After allowing all just credits, there is due and owing to Plaintiff the sum of $6,368.66, at the statutory interest rates until paid in full, reasonable attorney’s fee and all costs of this action, accrued and accruing.
COUNT II - FORECLOSURE
For its second count, Plaintiff incorporates each and every paragraph herein by reference and further states:
12. To secure a lien upon the Property described herein Plaintiff recorded a Mechanic’s or Materialman’s Lien Statement ("Lien") recorded on February 14, 2025 under Document No. L2025001900 in the records of the Tulsa County Clerk. See Exhibit B.
13. Plaintiff is entitled to have said Lien declared a good and valid lien against the Property described herein and to have said lien foreclosed and the proceeds of the sale applied to Plaintiff’s Lien.
14. Defendant, Southern Tulsa TLC, LLC, claims or may claim some right, title, lien or interest in and to the Property, but any such right, title or interest is junior and inferior to that of the Plaintiff’s Lien and said Defendant should appear and assert any right, title, lien or interest that they have or may have in and to the Property, so that the same might be properly determined in these proceedings.
15. Defendant, Southern Hills Rehab Center, LLC, claims or may claim some right, title, lien or interest in and to the Property, but any such right, title or interest is junior and inferior to that of the Plaintiff’s Lien and said Defendant should appear and assert any right, title, lien or interest that they have or may have in and to the Property, so that the same might be properly determined in these proceedings.
16. Defendant, Southern Tulsa, LLC, claims or may claim some right, title, lien or interest in and to the Property, but any such right, title or interest is junior and inferior to that of the Plaintiff’s Lien and said Defendant should appear and assert any right, title, lien or interest that they have or may have in and to the Property, so that the same might be properly determined in these proceedings.
17. Defendant, Servisfirst Bank, claims or may claim some right, title, lien or interest in and to the Property, but any such right, title or interest is junior and inferior to that of the Plaintiff’s Lien and said Defendant should appear and assert any right, title, lien or interest that they have or may have in and to the Property, so that the same might be properly determined in these proceedings.
18. Additionally, compliance by the undersigned attorney with federal debt collection law is met by providing the following information:
a. That the name of the creditor to which the debt herein concerned is owed is Ayuzo’s Brothers Properties, LLC.
b. That the amount of the debts in default is set forth in paragraphs 11.
c. That the Defendant is advised that he/she can verify or dispute the debt which is the subject of this Petition by contacting undersigned counsel at Townsend, PLLC, 1647 E. 3rd St., Tulsa, OK 74120; telephone number: (539) 832-8456.
d. That unless the debt which is the subject of this Petition, or any portion thereof, is disputed by the Defendant, in writing to the undersigned within thirty-five (35) days from the date of this Petition, the debt will be assumed by the undersigned to be valid.
e. That upon the written request of the Defendant, within the said period of thirty-five (35) days, the Plaintiff will provide such information and documentation as may be reasonably necessary to prove the debt.
f. Those written communications concerning the debt should be directed to the undersigned at the address shown beneath the signature block on the last page of this Petition below; but such communications will not relieve the Defendant from the obligation for payment of the subject debt or the requirement to Answer or respond to this Petition in the time and manner provided by law.
WHEREFORE, Plaintiff, respectfully requests this Court for:
(a) judgment in rem against all Defendants named herein;
(b) judgment in rem and in personam against Defendant, Southern Hills Rehab Center, LLC in the amount of $6,368.66 at the statutory interest rates, until paid, reasonable attorneys fees and all costs of this action, accrued and accruing;
(c) That all named Defendants be required to appear herein and set forth any right, title, lien or interest they have, or may have, in and to the Property, or any part thereof;
(d) That all right, title and interest of the Defendants, and each of them, if any, in and to the Property be adjudged subject, junior and inferior to the lien and judgment of the Plaintiff, and that upon confirmation of sale of the Property herein, the said Defendants, and each of them, and all persons claiming by, through or under them, or any of them, since the
commencement of this action be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in or to the Property, or any part thereof; and
(e) That the Plaintiff's Lien be foreclosed, and that the same be declared valid lien upon the Property hereinabove described, for and in the amounts set forth above, and ordering the said Property sold, with appraisement, as provided by law, subject to special assessments and real estate ad valorem taxes, if any, to satisfy the said judgment, and that the proceeds arising therefrom be applied to the payment of the costs herein, and the payment and satisfaction of the judgment and lien of Plaintiff and that the surplus, if any, be paid into Court to abide the further order of the Court, and that the Plaintiff have such other and further relief as this Court may deem just and equitable.
Respectfully submitted,
By: ____________________________________________
Kurt K. Townsend, OBA No. 22751
TOWNSEND, PLLC
1647 E. 3rd St.
Tulsa, Oklahoma 74120
(539) 832-8456 - Telephone
(918) 587-2463 - Facsimile
[email protected]
ATTORNEY FOR PLAINTIFF
That certain real property located in Tulsa County, State of Oklahoma and described as follows:
A tract of land that is a part of Lot One (1), Block One (1), "Urbana Heights Two", an addition to the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded plat thereof (No.4405), being more particularly described as follows:
Beginning at the Southeast corner of said Lot 1; Thence North 89°56'12" West and along the South line of Lot 1, for a distance of 252.76 feet to a point; Thence North 0°00'46" West and parallel with the East line of Lot 1, for a distance of 305.50 feet to a point; Thence South 89°56'03" East and parallel with the North line of Lot 1, for a distance of 252.76 feet to a point on said East line; Thence South 0°00'46" East and along said East line, for a distance of 305.49 feet to the Point of Beginning: Together with an easement estate established by that certain Declaration of Easement Agreement filed as Document No. 2014084899, records of the County Clerk of Tulsa County, Oklahoma, further described as follows:
A tract of land that is a part of Lot One (1), Block One (1), "Urbana Heights Two", an addition to the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded plat thereof (No.4405), being more particularly described as follows:
Beginning at the Southwest corner of said Lot One (1); Thence North 0°00'24" West and along the West line of Lot One (1), for a distance of 467.00 feet to the Northwest corner of Lot 1; Thence South 89°56'12" East and along the North line of Lot 1 for a distance of 165.00 feet to a point; Thence South 0°00'24" East and continuing along the North line for a distance of 29.99 feet to a point; Thence South 89°56'03" East and continuing along the North line for a distance of 305.21 feet to the Northeast corner of Lot 1; Thence South 0°00'46" East and along the East line of Lot 1 for a distance of 131.51 feet to a point; Thence North 89°56'03" West and parallel with said North line for a distance of 252.76 feet to a point; Thence South 0°00'46" East and parallel with said East line for a distance of 305.50 feet to a point on the South line of Lot 1; Thence North 89°56'12" West and along said South line for a distance of 217.50 feet to the Point of Beginning.
Return to: Ayuzo’s Brothers Properties, LLC
c/o Kurt K. Townsend
1616 S. Main St.
Tulsa, Oklahoma 74119
STATE OF OKLAHOMA )
COUNTY OF TULSA ) ss.
MECHANIC’S OR MATERIALMAN’S LIEN STATEMENT
KNOW ALL MEN BY THESE PRESENTS:
That AYUZO'S BROTHERS PROPERTIES, LLC who’s mailing address is: c/o Townsend, PLLC, 1647 E. 3rd St., Tulsa, Oklahoma 74120 has a claim against SOUTHERN TULSA TLC, LLC whose mailing address is: Secretary of State, 2300 N. Lincoln Blvd., Ste. 101, Oklahoma City, Oklahoma 73105 and SOUTHERN HILLS REHAB CENTER, LLC whose mailing address is: Registered Agents Inc., 3030 Northwest Expressway, Ste 200B, Oklahoma City, Oklahoma 73112 for the sum of Six Thousand Three Hundred Sixty Eight and 66/100 dollars ($6,368.66) due to it, and that claim is made for and on account of materials and labor and that such materials and labor were last furnished through at least November 8, 2024 according to an itemized statement thereof hereunto attached, marked “Exhibit A” and made a part of this statement: that such materials and labor furnished were used and incorporated into and upon the real property owned by Southern Tulsa TLC, LLC and leased by Southern Hills Rehab Center, LLC, and described as follows: to wit:
Attached hereto as “Exhibit B”
in said County of Tulsa, State of Oklahoma; that said sum is just, due and unpaid, and it has a claim and lien upon said building and upon the said premises on which the same is situated in the amount of $6,368.66 as above set forth, according to the laws of the State of Oklahoma.
Dated this 12th day of February 2025
Ayuzo’s Brothers Properties, LLC
By: ______________________________________
Kurt K. Townsend, OBA No. 22751
TOWNSEND, PLLC
1647 E. 3rd St.
Tulsa, Oklahoma 74120
(539) 832-8456 - Telephone
[email protected]
ATTORNEY FOR AYUZO’S BROTHERS PROPERTIES, LLC
STATE OF OKLAHOMA )
COUNTY OF TULSA ) ss.
Before me, the undersigned, a Notary Public, in and for said County and State, 12 day of February, 2025, personally appeared Kurt K. Townsend, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing as its attorney and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.
Given my hand and seal of office the day and year first above written.
My Commission Expires:
ANGELA LYN HARRISON SEAL
#23015852
EXP. 12/06/2027
PUBLIC NOTARY STATE OF OKLAHOMA
Invoice
Tax invoice
BILL TO
Southers Hills Retirement Vandalia
Vandalia, 5170
Tulsa OK 74135
United States
Invoice No.: 033
Issue date: 10/14/2024
Due date: 10/28/2024
Payment method: Transfer
Total due (USD): $2,750.00
<table>
<tr>
<th>Description</th>
<th>Quantity</th>
<th>Unit price ($)</th>
<th>Amount ($)</th>
</tr>
<tr>
<td>French drain installed<br>make a tranche to install 2 pipe of 100 ft . one for drain<br>one for gutter to connect 2 down spouts.<br>material including</td>
<td>1</td>
<td>2,750.00</td>
<td>2,750.00</td>
</tr>
<tr>
<td>Subtotal:</td>
<td colspan="3">$2,750.00</td>
</tr>
<tr>
<td>Total (USD):</td>
<td colspan="3">$2,750.00</td>
</tr>
</table>
Invoice
Tax invoice
Ayuzos brothers property LLC N Norfolk Ave 1027 Tulsa OK 74206 United States.
BILL TO
Southern Hill Retirement Community
E 53rd St 4515
Tulsa OK 74135
United States
Invoice No.: 034
Issue date: 10/25/2024
Due date: 11/8/2024
Payment method: Transfer
<table>
<tr>
<th>Description</th>
<th>Quantity</th>
<th>Unit price ($)</th>
<th>Amount ($)</th>
</tr>
<tr>
<td>Electrical box drywall patch<br>#54 Electrical drywall patch, Sheetrock, tape, mud, shoeling texture to match existing. material $108.66 labor$3,618.66</td>
<td>1</td>
<td>3,618.66</td>
<td>3,618.66</td>
</tr>
</table>
Subtotal: $3,618.66
Total (USD): $3,618.66
That certain real property located in Tulsa County, State of Oklahoma and described as follows:
A tract of land that is a part of Lot One (1), Block One (1), "Urbana Heights Two", an addition to the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded plat thereof (No.4405), being more particularly described as follows:
Beginning at the Southeast corner of said Lot 1; Thence North 89°56'12" West and along the South line of Lot 1, for a distance of 252.76 feet to a point; Thence North 0°00'46" West and parallel with the East line of Lot 1, for a distance of 305.50 feet to a point; Thence South 89°56'03" East and parallel with the North line of Lot 1, for a distance of 252.76 feet to a point on said East line; Thence South 0°00'46" East and along said East line, for a distance of 305.49 feet to the Point of Beginning: Together with an easement estate established by that certain Declaration of Easement Agreement filed as Document No. 2014084899, records of the County Clerk of Tulsa County, Oklahoma, further described as follows:
A tract of land that is a part of Lot One (1), Block One (1), "Urbana Heights Two", an addition to the City of Tulsa, Tulsa County, State of Oklahoma, according to the recorded plat thereof (No.4405), being more particularly described as follows:
Beginning at the Southwest corner of said Lot One (1); Thence North 0°00'24" West and along the West line of Lot One (1), for a distance of 467.00 feet to the Northwest corner of Lot 1; Thence South 89°56'12" East and along the North line of Lot 1 for a distance of 165.00 feet to a point; Thence South 0°00'24" East and continuing along the North line for a distance of 29.99 feet to a point; Thence South 89°56'03" East and continuing along the North line for a distance of 305.21 feet to the Northeast corner of Lot 1; Thence South 0°00'46" East and along the East line of Lot 1 for a distance of 131.51 feet to a point; Thence North 89°56'03" West and parallel with said North line for a distance of 252.76 feet to a point; Thence South 0°00'46" East and parallel with said East line for a distance of 305.50 feet to a point on the South line of Lot 1; Thence North 89°56'12" West and along said South line for a distance of 217.50 feet to the Point of Beginning.
