IN THE DISTRICT COURT OF COMANCHE COUNTY
STATE OF OKLAHOMA
COMANCHE LUMBER COMPANY, INC.,
d/b/a COMANCHE HOME CENTER,
an Oklahoma corporation,
Plaintiff,
v.
DANIELHSTINE, LLC,
a Texas limited liability company,
BANCFIRST, an Oklahoma bank,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF COMANCHE, and
COMANCHE COUNTY TREASURER,
Defendants.
PETITION
Plaintiff Comanche Lumber Company, Inc., d/b/a Comanche Home Center ("Comanche Lumber" or "Plaintiff"), by and through its undersigned counsel, for its Petition against Defendants DanielHStine, LLC ("Stine LLC" or "Defendant"), BancFirst, Board of County Commissioners of the County of Comanche, and Comanche County Treasurer, alleges and states as follows.
PARTIES, JURISDICTION, AND VENUE
1. Comanche Lumber is an Oklahoma corporation registered to do business, and doing business, in the State of Oklahoma. Comanche Lumber, with a principal address at #2 SW C Ave., Lawton, Oklahoma 73501, does business in Comanche County, Oklahoma.
2. Stine LLC is a Texas limited liability company, located at 38 La Serra Path, Missouri City, Texas 77459, and/or 6009 Richmond Ave., Suite 108, Houston, Texas 77057-6218. Its registered agent for service of process is Northwest Registered Agent LLC, 5900 Balcones Drive, Suite 100, Austin, Texas 78731. Stine LLC does business in Comanche County, Oklahoma.
3. BancFirst is an Oklahoma bank that may claim an interest in the Property that is the subject of this lawsuit. Its registered agent for service of process is Brian W. Pierson, 100 N. Broadway Ave., Oklahoma City, Oklahoma 73102.
4. Board of County Commissioners of the County of Comanche is a governmental entity that may claim an interest in the Property that is the subject of this lawsuit. Pursuant to 19 O.S. § 5, it may be served through County Clerk Carrie Tubbs, 315 SW 5th Street, Room 304, Lawton, Oklahoma 73501.
5. Comanche County Treasurer is a governmental entity that may claim an interest in the Property that is the subject of this lawsuit. It may be served through Rhonda Brantley, Comanche County Treasurer, 315 SW 5th Street, Suite 300, Lawton, Oklahoma 73501.
6. This Court has subject matter jurisdiction over this matter pursuant to Oklahoma common law and 12 O.S. § 2004(F).
7. This Court has jurisdiction over Comanche Lumber because it is an Oklahoma corporation. This Court has jurisdiction over Stine LLC because it does business in Comanche County, Oklahoma. This Court has jurisdiction over BancFirst because it is an Oklahoma bank. This Court has jurisdiction over the Board of County Commissioners of the County of Comanche and the Comanche County Treasurer because they are governmental entities or officers in Comanche County, Oklahoma.
8. Venue is proper in this Court pursuant to pursuant to 12 O.S. § 131 because this action relates to foreclosure of a lien for materials provided to real property situated in Comanche County, Oklahoma.
FACTUAL ALLEGATIONS
9. On or around December 21, 2021, Daniel H. Stine, on behalf of Stine LLC, executed a Commercial Charge Application (the “Agreement”), whereby Stine LLC established a commercial charge account with Comanche Lumber (the “Account”). A copy of the Agreement is attached hereto and incorporated herein as Exhibit 1.
10. In the Agreement, Stine LLC agreed to a “finance charge” entered on each billing date, “computed by a periodic rate of 1 3/4% (minimum $.50 cents) per month”. Ex. 1 at p. 2.
11. In the Agreement, Stine LLC agreed that the Agreement “shall remain in full force and in effect unless otherwise amended, re[s]cinded or terminated by” Comanche Lumber. Id.
12. To date, the Agreement has not been amended, rescinded, or terminated by Comanche Lumber.
13. After executing the Agreement, Stine LLC purchased materials from Comanche Lumber (the “Materials”), which were charged to Stine LLC’s Account with Comanche Lumber.
14. Comanche Lumber delivered the Materials ordered by Stine LLC to Stine LLC.
15. Stine LLC used some of the Materials on the building(s) and premises owned by Stine LLC and located at 407 Bobwhite Road (also known as Wheatridge Block 7, Lot 6, Comanche County), Geronimo, Oklahoma 73543 (Comanche County, Oklahoma) (the “Property”).
16. After Comanche Lumber delivered the Materials ordered by Stine LLC to Stine LLC, Comanche Lumber invoiced Stine LLC.
17. Stine LLC failed to timely pay Comanche Lumber for the Materials it ordered and received, including the Materials used on the Property.
18. On March 12, 2025, Comanche Lumber filed its Mechanic’s or Materialman’s Lien Statement, Doc. No. I-2025-003412, Book 009798, Page 0153-0154 (the “Lien”) with the County Clerk for Comanche County Oklahoma. A copy of the Lien is attached hereto and incorporated herein as Exhibit 2.
19. As stated in the Lien:
Comanche Lumber Company, Inc., #2 SW C Ave., Lawton, OK 73501, a Corporation doing business in the County of Comanche, State of Oklahoma, has a claim against Daniel H Stine, LLC for the sum of Thirty-nine thousand four hundred thirty-five dollars and 94/100. ($39,435.94), and that claim is made for and on account of material plus fees and that such material was last furnished by it on December 13, 2024 according to an itemized statement therefore hereunto attached, marked ‘exhibit A,’ and made part of this statement; that such material was furnished in pursuance of contract with Daniel H Stine, LLC, 38 LA Serra Path, Missouri City, TX 77459 and was furnished for and used on the building and premises owned by Daniel H Stine, LLC, 407 Bobwhite Road, Geronimo, Comanche County, Oklahoma and described as follows to-wit: Wheatridge Block 7 Lot 6, Comanche County, that the said sum is just, due and unpaid, and Comanche Lumber Company, Inc., Inc. has and claims a lien upon said building and on the said premises on which the same is situated, to the amount of $39,435.94 as above set forth, according to the laws of the State of Oklahoma.
20. To date, Stine LLC has failed to pay Comanche Lumber a principal total of **$57,284.43**, at least $39,435.94 of which is owed for Materials used by Stine LLC on the Property. A copy of Comanche Lumber’s Statement for Stine LLC’s Account is attached hereto and incorporated herein as Exhibit 3.
21. Stine LLC’s failure to pay Comanche Lumber constitutes breach of the Agreement.
22. Because Stine LLC has failed to pay Comanche Lumber, Comanche Lumber is entitled to foreclose the Lien.
FIRST CAUSE OF ACTION
(Foreclosure of Mechanic’s/Materialman’s Lien)
23. Comanche Lumber incorporates by reference all allegations set forth above as if fully set forth herein.
24. Comanche Lumber, under contract with Stine LLC, furnished the Materials to Stine LLC for use on the Property.
25. Stine LLC is the owner of the Property.
26. Comanche Lumber charged Stine LLC at least $39,435.94 for the Materials used on the Property.
27. Stine LLC failed to pay Comanche Lumber for the Materials provided for use on the Property.
28. Comanche Lumber timely filed the Lien.
29. Because Stine LLC has still failed to satisfy the Lien, Comanche Lumber is entitled to foreclose the Lien.
30. Upon information and belief, BancFirst and the governmental Defendants may claim an interest in the Property, whether by right, title, lien, estate, encumbrance, or otherwise.
31. Plaintiff seeks judgment against Defendants that the Lien be foreclosed and declared a valid, prior, and superior lien upon the Property in an amount no less than the face value of the Lien, and Plaintiff’s costs and attorneys’ fees incurred in bringing this action, that a special execution issue and the Property be sold to satisfy said obligations, with proceeds from said sale to be applied first to the payment of costs, and then to the payment of the obligations set forth herein, with the surplus, if any, to be paid into the Court, and that from and after the sale of the Property, all parties other than the purchaser be forever barred from claiming any right, title, or interest in and to said Property.
SECOND CAUSE OF ACTION
(Breach of Contract)
32. Comanche Lumber incorporates by reference all allegations set forth above as if fully set forth herein.
33. A valid contract exists between Comanche Lumber and Stine LLC by virtue of the Agreement.
34. Comanche Lumber fully performed under the Agreement by performing all its obligations contemplated therein.
35. Stine LLC breached the Agreement by failing to pay Comanche Lumber for the Materials that Comanche Lumber provided to Stine LLC under the Agreement.
36. As a result of Stine LLC’s failure and refusal to pay Comanche Lumber pursuant to the Agreement, Comanche Lumber has been damaged in the principal amount of $57,284.43, as well as any applicable taxes and accrued and accruing interest, and is entitled to recover for the same.
THIRD CAUSE OF ACTION
(Failure to Pay Open Account/Account Stated)
37. Comanche Lumber incorporates by reference all allegations set forth above as if fully set forth herein.
38. Stine LLC’s failure to pay Comanche Lumber the amount owed on its open account/account stated with Comanche Lumber for the Materials contracted for, received, and utilized by Stine LLC constitutes a material breach of contract.
39. Comanche Lumber has been damaged by Stine LLC’s failure to pay in the principal amount of $57,284.43, as well as any applicable taxes, accrued interest, costs, and attorneys’ fees, and is entitled to recover for the same.
FOURTH CAUSE OF ACTION
(Quantum Meruit)
40. Comanche Lumber incorporates by reference all allegations set forth above as if fully set forth herein.
41. As an alternative to its claims for Breach of Contract and Failure to Pay Open Account/Account Stated, Comanche Lumber is entitled to recover for the full value of the Materials it provided to Stine LLC, for which Stine LLC has failed to pay Comanche Lumber.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Comanche Lumber Company, Inc., d/b/a Comanche Home Center, respectfully requests that this Court enter judgment against Defendant DanielHStine, LLC, and in favor of Comanche Lumber as follows:
1. An in rem judgment foreclosing the Lien and granting all other relief requested in Paragraph 31 herein;
2. All expenses related to foreclosure of the Lien including, but not limited to, abstract expenses, title examination expenses, title insurance, taxes, and other expenses incurred in connection therewith;
3. An in personam judgment against Stine LLC in a principal amount of no less than $57,284.43;
4. Pre-judgment and post-judgment interest;
5. Court costs and attorneys’ fees pursuant to 12 O.S. § 936 and other applicable law; and
6. Any and all such further legal and equitable relief that this Court deems just and proper.
Respectfully Submitted,
Michael A. Furlong, OBA No. 31063
Luke A. Helms, OBA No. 35130
STEPTOE & JOHNSON, PLLC
210 Park Ave., Suite 2300
Oklahoma City, Oklahoma 73102
Telephone: 405-930-5151
Facsimile: 405-212-5843
[email protected]
[email protected]
Attorneys for Plaintiff
Comanche Lumber Company, Inc.
Comanche HOME CENTER
"The Lumber Store With Services and More."
#2 SW "C" Avenue Lawton, OK 73501
Phone (580) 357-8630 Fax (580) 248-0002
FOR OFFICE USE ONLY
ACCOUNT: ________________________
DATE: 12/21/21
SALES PERSON: DMS
Commercial Charge Application
Note: If this account is for a Corporation, please complete the Personal Credit Information/Guaranty on third page in addition to the form below.
Daniel H. Stone
Company Name (Full Legal Name)
38 La Serra Path Mississip City, TX 77459
Billing Address Suite City State Zip
602 327 1244
Telephone Business Fax AP Contact
Daniel Stone 602 327 1244
President/Owner Telephone
[email protected]
Name of Parent Company (if Applicable) Telephone
Address Suite City State Zip
Business Type (Check all that Apply)
[ ] Corporation [ ] Partnership [ ] Sole Proprietorship [ ] Non-Profit organization [ ] Educational [ ] LLC
[ ] Federal Govt [ ] State Govt [ ] Church [ ] Other
Real Estate 5/19 1/17 TX
Nature of Business Date Incorporated (mm/yy) In Business Since (mm/yy) State Incorporated
Financial Information
$100,000 Dun and Bradstreet number
Anticipated monthly line of credit Federal ID/Social Security number
322749916
Bank Reference
Natalie Cole # 6239 René First S80.251.7072
Bank reference name Account Number Contact name Telephone/extension
Trade References
Contact Ken Bowes Telephone 500.512.1294 Fax _____________________ Account number
Contact Telephone Fax Account number
Contact Telephone Fax Account number
Sales Tax Exemptions (if applicable): State Law requires any organization entities to a Sales or Use Tax exemption to provide a valid exemption resale certificate to its vendors. Exemption from Federal or State income tax does not necessarily authorize exemption from sales tax. Please provide the appropriate form(s) for all sales and tax jurisdictions applicable to your organization, and complete the following:
[___] Resale [___] Non-profit [___] Government [___] Other
Resale/Exemption number(s) (attach copies of each)
States
We certify that if any tax free purchase are used by our firm in such a way as to subject them to Sales or Use Tax, We will inform Comanche Home Center so the proper tax can be assessed, or our firm will pay the tax due directly to the proper taxing authority as state law provides. This certification applies each time a purchase is made on our account. initials________
Method of Authorizing Purchases
[ ] P.O. requested for all purchases
[ ] Authorized signature file. If Yes, Please complete Names of Authorized Purchasers section below.
Names of authorized Purchasers (Please Print) If additional space is required, please list on attached sheet using company letterhead.
1 Ken Bowen 4 _______________________ 7 _______________________
2 _______________________ 5 _______________________ 8 _______________________
3 _______________________ 6 _______________________ 9 _______________________
Terms and agreement for Commercial Charge Accounts
All accounts are due in full by the 10th of each month following purchases. Accounts not paid by the 20th will be put on credit hold and collection procedures will begin.
Finance Charges
The finance charge entered on the billing date is computed by a periodic rate of 1 3/4% (minimum $.50 cents) per month which is an ANNUAL PERCENTAGE RATE OF 21% applied to the previous balance before deducting credits, payments or adding purchases appearing on your statement. To avoid additional FINANCE CHARGES pay the "New Balance" before the 10th of the month.
[Signatory must be the proprietor, a general partner or an officer of the company with authority to enter into contractual agreements.]
The undersigned hereby certifies that he/she has read the Commercial Charge Account Agreement and personal guaranty (if applicable), and that submission of this application and acceptance of the terms and agreements attached hereto, and made a part hereof are the duty authorized acts of and are binding upon the Company (Buyer). The Company acknowledges that such application and agreement shall remain in full force and in effect unless otherwise amended, revoked or terminated by Seller. This agreement is deemed to have been made and entered into in the State of Oklahoma and with laws of the be construed in accordance with laws of the State of Oklahoma. Each account will be issued by Seller, Lawton, Oklahoma, to the Company named herein.
To the best of Applicant's knowledge all information is true and correct, and the Company understands that any false information may result in cancellation of Applicant hereby authorizes the bank reference listed to accept copies of this application to release all requested credit or financial information on applicant's accounts
Company ("Applicant")
______________________________
Signature
Daniel H. Shine Owner
Print name and title (required) Date
MECHANIC’S or MATERIALMAN’S LIEN STATEMENT
STATE OF OKLAHOMA].
Comanche County]
1) Comanche Lumber Company, Inc., #2 SW C Ave., Lawton, OK 73501, a Corporation doing business in the County of Comanche, State of Oklahoma, has a claim against Daniel H Stine, LLC for the sum of Thirty-nine thousand four hundred thirty-five dollars and 94/100. ($39,435.94), and that claim is made for and on account of material plus fees and that such material was last furnished by it on December 13, 2024 according to an itemized statement therefore hereunto attached, marked “exhibit A,” and made part of this statement; that such material was furnished in pursuance of contract with Daniel H Stine, LLC, 38 LA Serra Path, Missouri City, TX 77459 and was furnished for and used on the building and premises owned by Daniel H Stine, LLC, 407 Bobwhite Road, Geronimo, Comanche County, Oklahoma and described as follows to-wit: Wheatridge Block 7 Lot 6, Comanche County, that the said sum is just, due and unpaid, and Comanche Lumber Company, Inc., Inc. has and claims a lien upon said building and on the said premises on which the same is situated, to the amount of $39,435.94 as above set forth, according to the laws of the State of Oklahoma.
Dated this 11th day of March _____2025.
Michael J. Jung, Vice-President
Comanche Lumber Company, Inc.
STATE OF OKLAHOMA].
Comanche County]
Michael J. Jung, of lawful age, being first duly sworn, upon oath says: That he is Vice-President mentioned in the forgoing statement of Materialman’s lien; that he has read this statement and knows the content thereof; that the name of the owner, the name of the contractor, the name of the claimant, the description of the property upon which the lien is claimed, and the items of the account as therein set forth, are just, true, correct and unpaid.
Michael J. Jung, Vice President
Comanche Lumber Company, Inc.
Subscribed and sworn to me before me this 11th day of March 2025
DELAYNA WILKERSON
Notary Public Commission 23004490
My commission expires 3/30/2027
COMANCHE HOME CENTER
#2 SW C AVENUE
LAWTON, OK 73501
(580) 357-8630
CLOSING DATE: 3/12/25
DUE DATE : 4/10/25
ACCT: 20874 JOB: 19
SOLD TO:
407 BOB WHITE
407 BOB WHITE
GERONIMO OK 73543
DANIEL STINE
38 LA SERRA PATH
MISSOURI CITY TX 77459
CLOSING DATE : 3/12/25
DUE DATE : 4/10/25
COMANCHE HOME CENT
407 BOB WHITE
ACCOUNT: 20874
JOB: 19
PLEASE DETACH AND RETURN REMITTANCE STUB WITH YOUR PAYMENT
DATE REFERENCE ST C DESCRIPTION DEBIT CREDIT REFERENCE AMOUNT
NEW BALANCE 39435.94
"Exhibit A"
CURRENT 656.96 1-30 DAYS 656.96 31-60 DAYS 350.53 61-90 DAYS 14494.77 OVER 90 DAYS 23276.72
FINANCE CHARGE-- TERMS: DUE BY THE 10TH
MONTHLY % : 1.75 FINANCE CHRG: 1664.45
ANNUAL % : 21.00 F/C BALANCE: 37540.37
F/C MIN AMT: 0.50
F/C METHOD: A
20874
Transaction Codes
A - Adjustment
B - Balance Forward
C - Credit
F - Finance Charge
I - Invoice
P - Payment
This statement covers transactions on your account for the period ending on the date above. Charges, payments, and credits received after the above date will be shown on your next statement.
STATEMENT
PAGE: 1 COMANCHE HOME CENTER
#2 SW C AVENUE
LAWTON, OK 73501
(580) 357-8630
CLOSING DATE: 1/31/26
ACCT: 20874
CLOSING DATE: 1/31/26
DANIEL STINE
38 LA SERRA PATH
MISSOURI CITY TX 77459
*** CONSOLIDATED STATEMENT ***
COMANCHE HOME CENT
DANIEL STINE
ACCOUNT: 20874
PLEASE DETACH AND RETURN
REMITTANCE STUB WITH YOUR PAYMENT
<table>
<tr>
<th>DATE</th>
<th>REFERENCE</th>
<th>ST</th>
<th>C</th>
<th>DESCRIPTION</th>
<th>DEBIT</th>
<th>CREDIT</th>
<th>REFERENCE</th>
<th>AMOUNT</th>
</tr>
<tr>
<td colspan="9">THANK YOU FOR BEING OUR VALUED CUSTOMER</td>
</tr>
<tr>
<td colspan="9">BILLS ARE DUE IN FULL ON THE 10TH</td>
</tr>
<tr>
<td>CUST</td>
<td></td>
<td></td>
<td></td>
<td>DANIEL STINE</td>
<td>10457.78</td>
<td></td>
<td>CUST</td>
<td>10457.78</td>
</tr>
<tr>
<td>JOB 13</td>
<td></td>
<td></td>
<td></td>
<td>409 BOB WHITE</td>
<td>25.85</td>
<td></td>
<td>JOB 13</td>
<td>25.85</td>
</tr>
<tr>
<td>JOB 18</td>
<td></td>
<td></td>
<td></td>
<td>403 BOB WHITE</td>
<td>138.30</td>
<td></td>
<td>JOB 18</td>
<td>138.30</td>
</tr>
<tr>
<td>JOB 19</td>
<td></td>
<td></td>
<td></td>
<td>407 BOB WHITE</td>
<td>46662.50</td>
<td></td>
<td>JOB 19</td>
<td>46662.50</td>
</tr>
</table>
<table>
<tr>
<th>CURRENT</th>
<th>1-30 DAYS</th>
<th>31-60 DAYS</th>
<th>61-90 DAYS</th>
<th>OVER 90 DAYS</th>
</tr>
<tr>
<td>793.15</td>
<td>793.15</td>
<td>793.15</td>
<td>793.15</td>
<td>54111.83</td>
</tr>
</table>
NEW BAL: 57284.43
FINANCE CHARGE--
MONTHLY % : 1.75
ANNUAL % : 21.00
FINANCE CHRG: 793.15
F/C BALANCE: 45322.80
F/C MIN AMT: 0.50
F/C METHOD: A
20874
Transaction Codes
A - Adjustment
C - Credit
B - Balance Forward
F - Finance Charge
I - Invoice
P - Payment
This statement covers transactions on your account for the period ending on the date above. Charges, payments, and credits received after the above date will be shown on your next statement.
AMOUNT PAID
