IN THE DISTRICT COURT FOR CANADIAN COUNTY
STATE OF OKLAHOMA
THE WOMBLE COMPANY d/b/a PELLA )
WINDOWS AND DOORS OF OKLAHOMA, )
) Plaintiff,
V.
LAMAR and BEVERLY LABAHN, )
as husband and wife;
PRIORITY ONE NATIONAL, INC.;
JEREMY TOUBL, individually;
A. CALLAHAN KUHNS, individually;
JAY ARNOLD, in his capacity as
Canadian County Treasurer; and, BOARD OF
CANADIAN COUNTY COMMISSIONERS,
Defendants.
Case No.: CJ-2026-1[?]7
JURY TRIAL DEMANDED
ATTORNEYS’ LIEN CLAIMED
PAUL HESSE
PETITION
Plaintiff, The Womble Company d/b/a Pella Windows and Doors of Oklahoma ("Womble"), for its action against defendants, Priority One National, Inc. ("Priority One"); and, Lamar and Beverly LaBahn, as Husband and Wife (the "LaBahns"); Jeremy Toubl, individually ("Toubl"); A. Callahan Kuhns, individually ("Kuhns"); Jay Arnold, in his capacity as Canadian County Treasurer ("Treasurer"); and, Board of Canadian County Commissioners ("Board") (referred to collectively as "Defendants"), alleges and states, as follows:
1. Womble is an Oklahoma corporation authorized to and transacting business in Canadian County, State of Oklahoma.
2. Priority One National, Inc. is an Oklahoma corporation authorized to and transacting business in Canadian County, State of Oklahoma.
3. Lamar LaBahn is an individual residing in the State of Oklahoma.
4. Beverly LaBahn is an individual residing in the State of Oklahoma.
5. Jeremy Toubl is an individual residing in the State of Oklahoma.
6. A. Callahan Kuhns is an individual residing in the State of Oklahoma.
7. Treasurer is the County Treasurer of Canadian County, Oklahoma.
8. Board is the body corporate and politic of Canadian County, Oklahoma.
9. This action arises from disputes which occurred in Canadian County, State of Oklahoma.
10. Venue and jurisdiction are proper in this judicial district.
11. On or about August 27, 2025, Womble entered into a written agreement with Priority One to provide windows for a construction project at the LaBahn home located at 1601 Ysetta Cir., El Reno, OK 73036 ("Project").
12. Womble subsequently provided labor, services and materials to the Project.
13. Womble timely and fully completed its contractual obligations owed to Defendants.
14. To date, Womble has not been paid in full for work earned and performed on the Project in the principal amount of $74,469.88.
15. As a result, on January 6, 2026, Womble recorded its lien statement in the principal amount of $74,469.88 for labor, services and materials used and consumed on the Project ("Lien"). See Lien, attached as Exhibit "A" hereto.
COUNT I – BREACH OF CONTRACT
16. Womble incorporates the allegations made in the paragraphs above.
17. Priority One has failed and refused to pay Womble, in violation of the express and implied terms of the contract with Womble.
18. As a direct result of the Priority One's breach of contract, Womble has not been
paid for labor, services and materials furnished to the Project.
19. Womble is entitled to recover the principal amount $74,469.88 from Priority One, together with interest, costs and a reasonable attorneys’ fee.
COUNT II – UNJUST ENRICHMENT/QUANTUM MERUIT
20. Womble incorporates the allegations made in the paragraphs above.
21. Womble furnished valuable services to Priority One and the LaBahns with the reasonable expectation of being compensated; Priority One and the LaBahns knowingly accepted the benefit of the labor, services and materials furnished by Womble; and, Priority One and the LaBahns would be unfairly benefitted by the labor, services and materials if no compensation were paid to Womble.
22. The reasonable value of the labor, services and materials furnished by Womble is $74,469.88.
23. Womble is entitled to recover the principal amount of $74,469.88 from Priority One and the LaBahns, together with interest, costs and a reasonable attorneys’ fee.
COUNT III – FORECLOSURE OF MECHANIC’S LIEN
24. Womble incorporates the allegations made in the paragraphs above.
25. On January 6, 2026, Womble timely recorded its Lien in the principal amount of $74,469.88 for labor, services and materials used and consumed on the Project. A true and correct copy of the Lien is attached hereto as Exhibit “A.”
26. The Lien recorded by Womble secures payment for and on account of labor, services and materials used and consumed at the Project. Womble is entitled to foreclose upon its Lien in order to be paid the principal amount of $74,469.88 owed by Priority One, together with interest, costs and a reasonable attorneys’ fee.
27. Defendants may claim some right, title, lien, estate, encumbrance, claim or assessment interest in and to the subject property encumbered by the Lien. Womble alleges that such interest, if any, is junior, inferior and subject to the priority Lien of Womble.
COUNT IV – VIOLATION OF CONSTRUCTION TRUST FUND STATUTES
28. Womble incorporates the allegations made in paragraphs above.
29. Upon information and belief, Priority One and/or its corporate officers and directors received payment directly from the LaBahns and/or the LaBahns’ insurance carrier to pay Womble for its work on the Project. Priority One was required to hold all payments received from the LaBahns and the LaBahns’ insurance carrier in trust for the payment of Womble and its claims pursuant to 42 O.S. § 152. Priority One has failed to pay the full amount due and owing to Womble. Thus, Priority One is liable for misapplication of trust funds pursuant to 42 O.S. § 153.
30. Upon information and belief, Toubl and Kuhns are managing members of Priority One. Thus, Toubl and Kuhns are individually liable for misapplication of trust funds pursuant to 42 O.S. § 153.
31. Womble is entitled to recover the principal amount of $74,469.88 from Priority One, Toubl, and Kuhns, together with interest, costs and a reasonable attorneys’ fee.
WHEREFORE, Plaintiff, The Womble Company d/b/a Pella Windows and Doors of Oklahoma, prays that judgment be entered in its favor and against defendants, Priority One National, Inc. ("Priority One"); and, Lamar and Beverly LaBahn, as Husband and Wife (the "LaBahns"); Jeremy Toubl, individually ("Toubl"); A. Callahan Kuhns, individually ("Kuhns"); Jay Arnold, in his capacity as Canadian County Treasurer ("Treasurer"); and, Board of Canadian County Commissioners ("Board"), as follows:
A. A money judgment against Priority One on the breach of contract claim in the principal amount of $74,469.88, together with interest, costs and a reasonable attorneys' fee;
B. A money judgment against Priority One and the LaBahns on the unjust enrichment/quantum meruit claim in the principal amount of $74,469.88, together with interest, costs and a reasonable attorneys' fee;
C. Judicial determination that Womble's Lien is a valid, first, prior and superior lien on the subject property;
D. Judgment ordering foreclosure of Womble's rights in and to the subject property;
E. A money judgment against Priority One, Toubt, and Kuhns on the violation of construction trust fund statute claim in the principal amount of $74,469.88, together with interest, costs and a reasonable attorneys' fee;
F. Judgment for such other and further relief as the Court may deem just and equitable.
Respectfully submitted,
Alan W. Bardell, OBA No. 17415
Cole B. Brown, OBA No. 34619
HAYES MAGRINI GATEWOOD
1220 N. Walker Avenue
Oklahoma City, Oklahoma 73146-0140
Telephone: 405-235-9922
Facsimile: 405-235-6611
E-mail:
[email protected]
[email protected]
ATTORNEYS' LIEN CLAIMED
JURY TRIAL DEMANDED
Attorneys for Plaintiff, The Womble Company d/b/a Pella Windows and Doors of Oklahoma
MECHANICS' AND MATERIALMENS' LIEN STATEMENT
STATE OF OKLAHOMA )
COUNTY OF CANADIAN ) ss.
Pella Windows and Doors of Oklahoma ("Pella"), 537 East Britton Road, Oklahoma City, Oklahoma 73114, has a claim against Priority One Roofing ("Priority One") and/or Lamar E. LaBahn and/or Beverly J. LaBahn ("The LaBahns"), 1601 Ysetta Cir, El Reno, OK 73036-4229, in the sum of Seventy-Four Thousand Four Hundred Sixty-Nine dollars and 88/100 ($74,469.88), plus interest and attorneys’ fees, for and on account of labor and materials last performed and furnished on or about October 8, 2025, according to the attached statement of account, marked as “Exhibit A,” and made a part of this statement. Such labor was performed and furnished pursuant to a written contract between Pella and/or Priority One and/or The LaBahns and upon the building and premises owned by The LaBahns, and located at 1601 Ysetta Cir, El Reno Oklahoma, described as follows to-wit:
Physical Address: 1601 Ysetta Cir, El Reno, Oklahoma 73036
Legal Description: Lot Nine (9) and the East 25 feet of Lot Ten (10), Block Five (5), in EL RENO COUNTRY CLUB ESTATES SECTION I, an Addition to the City of El Reno, Canadian County, Oklahoma, according to the recorded plat thereof.
in Canadian County, Oklahoma. Said sum is just, due and unpaid. Pella, has and claims a lien upon said building(s) and premises on which the same is situated, in the amount of $74,469.88, plus interest costs and attorneys’ fees, as above set forth, according to the laws of the State of Oklahoma.
Canadian County Clerk mail notices to:
Priority One Roofing Lamar E. LaBahn Beverly J. LaBahn
1213 Piedmont Rd N 1601 Ysetta Cir 1601 Ysetta Cir
Piedmont, OK 73078-9709 El Reno, OK 73036-4229 El Reno, OK 73036-4229
Exhibit A
Canadian County Clerk's Office
Claimant, by and through the undersigned representative, hereby verifies that it has complied with any applicable pre-lien notice requirements of 42 O.S. § 142, et seq.
Dated this 6th day of January, 2026.
By:
Authorized Representative of Pella Windows and Doors of Oklahoma
STATE OF OKLAHOMA )
COUNTY OF OKLAHOMA )
ss.
Cole B. Brown, of lawful age, being first duly sworn, upon oath states: That he is attorney for the claimant mentioned in the foregoing statement of mechanics or materialmen's lien; that he has read this statement and knows the contents thereof; that the name of the owner, the name of the tenant/owner, the name of the claimant, the description of the property upon which the lien is claimed, that the statement concerning compliance with the pre-lien notice requirement, and the items of the account as therein set forth, are just, true, correct and unpaid.
Cole B. Brown
Subscribed and sworn to before me this 6th day of January, 2026.
My Commission Expires:
04/11/28
My Commission Number:
08003551
Notary Public
INVOICE
537 East Britton Road
Oklahoma City, OK 73114
Phone (405) 478-4350 Fax (405) 478-1033
Priority One Roofing
1213 Piedmont Rd N Ste 109
PIEDMONT, OK 73078-9709
Invoice Number: 057172
Invoice Date: 10/07/2025
Due Date: 11/06/2025
Delivery Date: 10/06/2025
Contract Number 296B4130A1
PO Number
Sales Rep McCord, Michael
Load Number 100625035
<table>
<tr>
<th>Customer</th>
<th>Project Address</th>
</tr>
<tr>
<td>Priority One Roofing<br>1213 Piedmont Rd N Ste 109<br>PIEDMONT, OK 73078-9709<br>Customer Account Number 4054145363</td>
<td>B4130 Priority One Roofin<br>1601 Ysetta Cir<br>EL RENO, OK 73036-4229</td>
</tr>
</table>
<table border="1">
<tr>
<th>Line Item</th>
<th>Product Description</th>
<th>Order Qty</th>
<th>Qty Remain</th>
<th>Qty Shipped</th>
<th>Unit Price</th>
<th>Extended Price</th>
</tr>
<tr>
<td>010</td>
<td>Install Note #1 - Pella is not responsible for security systemInstall Note #1 - Pella is not responsible for security system</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td></td>
<td></td>
</tr>
<tr>
<td>015</td>
<td>Install Note #2 - Pella is not responsable for paint or stain</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td></td>
<td></td>
</tr>
<tr>
<td>020</td>
<td>Micro OKC & Tulsa - Disposal, Processing and Delivery under 10 miles</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>175.00</td>
<td>175.00</td>
</tr>
<tr>
<td>025</td>
<td>**1st Floor**</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td></td>
<td></td>
</tr>
<tr>
<td>030</td>
<td>Pella Reserve, Traditional 2-Wide Casement, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>5,991.38</td>
<td>5,991.38</td>
</tr>
<tr>
<td>031</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
<tr>
<td>035</td>
<td>Pella Reserve, Traditional Casement Left, 32 X 39 75, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>2,820.50</td>
<td>2,820.50</td>
</tr>
<tr>
<td>036</td>
<td>Wood Products Lattice 3, Length 96, Early American Stain Wood Type Pine</td>
<td>2</td>
<td>0</td>
<td>2</td>
<td>52.79</td>
<td>105.58</td>
</tr>
<tr>
<td>040</td>
<td>Pella Reserve, Traditional 2-Wide Casement, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>5,991.38</td>
<td>5,991.38</td>
</tr>
<tr>
<td>041</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
<tr>
<td>045</td>
<td>Pella Reserve, Traditional 2-Wide Casement, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>5,991.38</td>
<td>5,991.38</td>
</tr>
<tr>
<td>046</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
</table>
Invoice Number: 057172 Customer Account Number: 4054145363
Contract Number: 296B4130A1 Land Number: 100625035
<table>
<tr>
<th>Line Item</th>
<th>Product Description</th>
<th>Order Qty</th>
<th>Qty Remain</th>
<th>Qty Shipped</th>
<th>Unit Price</th>
<th>Extended Price</th>
</tr>
<tr>
<td>050</td>
<td>Pella Reserve, Traditional 2-Wide Casement, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>5,991.38</td>
<td>5,991.38</td>
</tr>
<tr>
<td>051</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
<tr>
<td>055</td>
<td>Pella Reserve, Traditional 2-Wide Casement, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>5,991.38</td>
<td>5,991.38</td>
</tr>
<tr>
<td>056</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
<tr>
<td>060</td>
<td>Pella Reserve, Traditional 4-Wide Sash Set, 84 X 40 73, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>8,901.85</td>
<td>8,901.85</td>
</tr>
<tr>
<td>061</td>
<td>6" Frame Expander, Length 96, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>237.77</td>
<td>237.77</td>
</tr>
<tr>
<td>065</td>
<td>***2nd Floor***</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td></td>
<td></td>
</tr>
<tr>
<td>070</td>
<td>Pella Reserve, Traditional 2-Wide Casement, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>5,957.35</td>
<td>5,957.35</td>
</tr>
<tr>
<td>071</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
<tr>
<td>075</td>
<td>Pella Reserve, Traditional 2-Wide Sash Set, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>5,646.08</td>
<td>5,646.08</td>
</tr>
<tr>
<td>076</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
<tr>
<td>080</td>
<td>Pella Reserve, Traditional 2-Wide Casement, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>6,141.38</td>
<td>6,141.38</td>
</tr>
<tr>
<td>081</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
<tr>
<td>082</td>
<td>Pella Reserve, Traditional 2-Wide Casement, 49 X 64, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>6,141.38</td>
<td>6,141.38</td>
</tr>
<tr>
<td>083</td>
<td>Wood Products Lattice 3, Length 144, Early American Stain Wood Type Pine</td>
<td>3</td>
<td>0</td>
<td>3</td>
<td>81.41</td>
<td>244.23</td>
</tr>
<tr>
<td>085</td>
<td>Pella Reserve, Traditional 2-Wide Sash Set, 60 X 48, Brown</td>
<td>1</td>
<td>0</td>
<td>1</td>
<td>5,430.14</td>
<td>5,430.14</td>
</tr>
<tr>
<td>090</td>
<td>Brown - Pella Brown</td>
<td>28</td>
<td>0</td>
<td>28</td>
<td>20.25</td>
<td>567.00</td>
</tr>
</table>
Invoice Number: 057172 Customer Account Number: 4054145363
Contract Number: 296B4130A1 Lead Number: 100625035
Order Shipped Complete
<table>
<tr>
<th>Contract Amount (not including tax)</th>
<td>$74,279.00</td>
</tr>
<tr>
<th>Total Deposit Received</th>
<td>$5,000.00</td>
</tr>
<tr>
<th>Taxable Subtotal</th>
<td>$58,654.00</td>
</tr>
<tr>
<th>Sales Tax</th>
<td>$5,190.88</td>
</tr>
<tr>
<th>Non Taxable Subtotal</th>
<td>$15,625.00</td>
</tr>
<tr>
<th>Invoice Total</th>
<td>$79,469.88</td>
</tr>
<tr>
<th>Deposit Applied to Invoice</th>
<td>$5,000.00</td>
</tr>
<tr>
<th>Net Amount Due</th>
<td>$74,469.88</td>
</tr>
</table>
Please send payment to: P.O. Box 14614, Oklahoma City, OK 73113
Net 30 Days
Thank You For Choosing Pella. If for any reason you cannot respond to our future survey as a VERY SATISFIED customer, please contact us at 1-800-522-6551. Questions regarding maintenance? Visit http://www.pells.com/manual/default.asp
As of 5/1/2022, please note the following change:
We impose a convenience fee of 3% on the transaction amount on Visa, Mastercard, Discover, and American Express credit card products, which is not greater than our cost of acceptance.
Remittance
P.O. Box 14614
Oklahoma City, OK 73113
Phone: (405) 478-4350
Fax: (405) 478-1033
Customer Name: Priority One Roofing
Invoice Number: 057172
Customer Number: 4054145363
Invoice Amount: $ 74,469.88
Order Number: 296B4130AI
Amount Enclosed: $ ____________
Return this portion with your check made payable to
Please write your invoice number on your check. Do not send cash.
Page 1 of 1
I, Sherry Murray, County Clerk of Canadian County,
hereby certify that the within instrument is a true
and exact copy of the original document consisting
of ______ pages.
By: [signature]
Dated 1/6/2026
Canadian County Clerk's Office
