IN THE DISTRICT COURT OF ROGER MILLS COUNTY
STATE OF OKLAHOMA
BENNETT CONSTRUCTION, LLC,
an Oklahoma limited liability company, the )
converted entity following conversion of )
BENNETT CONSTRUCTION, INC., )
Plaintiff, )
v. )
IMPACT UNDERGROUND, LLC, )
a Texas Limited Liability Company; )
CROWN FINANCIAL SERVICES, LLC, )
a Texas limited liability company; and )
PMP DIRECTIONAL, LLC, )
an Oklahoma limited liability company, )
Defendants.
PETITION FOR INTERPLEADER
Plaintiff, Bennett Construction, LLC ("Bennett"), for its Petition for Interpleader against Defendants Impact Underground, LLC ("Impact"), Crown Financial Services, LLC ("Crown"), and PMP Directional, LLC ("PMP"), alleges and states:
1. Plaintiff Bennett is an Oklahoma limited liability company authorized to do business in the State of Oklahoma, with its principal place of business in Oklahoma County, Oklahoma. Plaintiff Bennett is the converted entity following Bennett Construction, Inc.’s conversion to an Oklahoma limited liability company on or about July 23, 2025.
2. Defendant Impact is a Texas limited liability company that contracted with Plaintiff Bennett to perform horizontal directional drilling services for placement of a 20” pipeline under the Canadian River in Roger Mills County, Oklahoma, for the OneOk Margie Paulet Project ("Project") and performed only a limited portion of said services due to not having
necessary equipment to perform or complete performance of the work, and may be served with process at 200 E FM 1379, Midland, Texas 79706.
3. Defendant Crown is a Texas limited liability company which, on information and belief, and assignee of Defendant Impact due to Defendant Impact assigning its rights to Defendant Crown pursuant to a factoring agreement. Defendant Crown may be served with process at 16420 Park Ten Place, Suite 125, Houston, Texas 77084.
4. Defendant PMP is an Oklahoma limited liability company that Defendant Impact hired to perform or complete performance of the horizontal directional drilling services on the Project in Roger Mills County, Oklahoma, with the knowledge and consent of Plaintiff Bennett, and may be served with process at 14452 E 445 Rd, Claremore, Oklahoma 74017.
5. This Court has jurisdiction over the parties and subject matter of this action, and venue is proper in Roger Mills County, Oklahoma, because the Project and work and services performed on the same which are the subject of this action were performed in Roger Mills County.
FACTUAL ALLEGATIONS
6. Bennett entered into a contract with OneOk (the “Owner”) for the Project located in or near Roger Mills County, Oklahoma.
7. Bennett thereafter entered into a subcontract with Impact pursuant to which Impact agreed to furnish labor, materials, and equipment to perform the horizontal directional drilling work under the Canadian River for the Project (the “Subcontract Work”).
8. Impact, in turn, subcontracted a portion or all of the Subcontract Work to PMP, which furnished the majority of the labor, materials, and equipment for the horizontal directional drilling work on the Project as Impact’s subcontractor.
9. The invoice Impact submitted to Bennett for the Subcontract Work, Invoice Number 1345, dated December 18, 2025, was for the amount of $198,200.00, and showed work completed December 3, 2025. Bennett admits that $198,200.00 (the “Stake”), is due and owing under its subcontract with Impact for the Subcontract Work. See Impact Invoice Number 1345, attached hereto as ________.
10. Impact factored or assigned its invoice number 1345 and/or receivable for the Subcontract Work to Crown pursuant to a factoring or similar agreement, and Crown has asserted that it is entitled, by virtue of such factoring or assignment, to receive all of the Stake from Bennett as a result of Bennett, or its predecessor entity, signing off on the factoring agreement. See Crown Financial Services, LLC Account Purchase Agreement, dated February 20, 2025, attached hereto as ________.
11. Despite Impact factoring invoice number 1345 to Crown and receiving an advance, albeit discounted, payment from Crown on said invoice, Impact admits that is has failed to pay PMP for PMP’s labor, materials, and equipment furnished for the Subcontract Work on the Project in the amount of $175,000.00, and PMP has asserted a claim to some or all of the same funds that comprise the Stake. See Subcontract Affidavit of Payment, dated March 5, 2026, attached hereto as ________.
12. In an effort to pay the Stake and avoid multiple claims, Bennett tendered payment in full of the Stake by issuing check number 136808 on March 9, 2026, in the amount of $198,200.00 made jointly payable to Crown, Impact, and PMP for payment of the Subcontract Work. See copy of Bennett check number 136808, dated March 9, 2026, attached hereto as ________.
13. That joint check was rejected and not negotiated.
14. Bennett then offered, in good faith, to issue separate payments or to otherwise structure payment of the Stake in a manner acceptable to the claimants, but one or more of Defendants rejected Bennett’s further payment proposals.
15. On March 11, 2026, PMP sent to Bennett and the Owner a written “pre-lien” notice stating PMP’s intent to file a lien against the Project or related property arising out of the Subcontract Work and Impact’s failure to pay PMP for the same. See PMP pre-lien notice, dated March 11, 2026, attached hereto as ________.
16. Based on Impact’s Invoice Number 1345, PMP’s last date of furnishing labor, materials, or equipment for the Project occurred on December 3, 2025 ( __________ ), and PMP’s pre-lien notice was not sent within the seventy-five (75) day time period following the date on which work, services, material or equipment were last furnished as required by Oklahoma statutes for a valid mechanic’s or materialman’s lien, specifically 42 O.S. § 142.6(B)(1). PMP’s pre-lien notice also failed to include all the information specifically required by 42 O.S. § 142.6(B)(4).
17. Bennett disputes that PMP has any valid lien rights against the Project, the Owner, or Bennett arising out of the Subcontract Work due to PMP’s failure to comply with the applicable statutory pre-lien notice requirements and reserves all defenses thereto, but Bennett acknowledges that PMP asserts an adverse claim to the Stake.
18. In addition to PMP’s out-of-time pre-lien notice, Impact and Crown, as Impact’s assignee, have also indicated the possibility of legal action against Bennett and/or the filing of a lien against the Project in email communications between the parties.
19. As a result, Bennett cannot pay the Stake to Impact, Crown, or PMP without risk of being subjected to multiple or inconsistent claims, litigation, and potential lien assertions by the others.
20. Bennett is a neutral stakeholder as to the competing claims of Impact, Crown, and PMP to the Stake. Bennett claims no beneficial interest in the Stake, beyond discharging its lawful obligation to pay the amount it admits is owed for the Subcontract Work.
21. Bennett is ready, willing, and able to pay the Stake into the registry of this Court or to such other depository as the Court may direct, and Bennett requests leave of Court to do so.
22. By reason of the foregoing, Bennett is or may be exposed to double or multiple liability within the meaning of Oklahoma’s interpleader statute, 12 O.S. § 2022, and is entitled to interplead Impact, Crown, and PMP and to have the Court determine their respective rights to the Stake.
CAUSE OF ACTION
(Interpleader – 12 O.S. § 2022)
23. Bennett realleges and incorporates by reference paragraphs 1 through 22 as though fully set forth herein.
24. Impact, Crown, and PMP each assert or may assert claims to the Stake, and their claims are adverse to one another.
25. Bennett is unable to determine, without hazard to itself, the proper recipient or recipients of the Stake and is thereby exposed to multiple liability.
26. Pursuant to 12 O.S. § 2022, Bennett is entitled to deposit the Stake into the registry of the Court (or as otherwise ordered), to require the defendants to interplead and assert their
respective claims to the Stake, and, upon such deposit, to be discharged from further liability with respect to the Stake.
27. Bennett has acted at all times in good faith and for the purpose of fulfilling its contractual obligations while avoiding multiple liability and inconsistent obligations.
WHEREFORE, Plaintiff Bennett Construction, LLC respectfully prays for judgment as follows:
A. That the Court enter an order authorizing and directing Bennett to pay into the registry of the Court (or as otherwise directed) the Stake in the amount of $198,200.00, together with any additional sums the Court deems appropriate;
B. That, upon Bennett’s deposit of the Stake as ordered, Bennett be discharged from any and all further liability to Defendants Impact Underground, LLC, Crown Financial Services, LLC, and PMP Directional, LLC with respect to the Stake and any claims, demands, or liens arising out of or relating to the Subcontract Work on the Project;
C. That Defendants Impact Underground, LLC, Crown Financial Services, LLC, and PMP Directional, LLC be required to appear, interplead, and assert their respective claims to the Stake, and that as between such Defendants, the Court determine and adjudicate their rights, interests, and priorities in and to the Stake and order distribution of the Stake accordingly;
D. That Defendants, and each of them, be enjoined from instituting or prosecuting any other action or lien enforcement proceeding against Bennett, the Stake, or the Project regarding the same subject matter, except in this interpleader action;
E. That Bennett be awarded its costs of this action, and that the Court, in its discretion, award Bennett a reasonable attorney fee to be paid from the Stake or as otherwise allowed by law; and
F. That Bennett be granted such other and further relief as the Court deems just and proper.
Respectfully submitted,
/s/ Bradley E. Davenport
Bradley E. Davenport, OBA # 18687
Davenport Law, PLLC
P.O. Box 54384
Oklahoma City, OK 73154
Telephone: (405) 446-0634
Email:
[email protected]
ATTORNEY FOR PLAINTIFF
BENNETT CONSTRUCTION, LLC
Impact Underground, LLC
PO Box 219350
Houston, TX 77218-15
IMPACT
INVOICE
Bennett Construction Inc
525 Central Park Dr STE 402
Oklahoma City, Oklahoma 73105
1345
12:18 2025
Net 6h
02:16 2026
Canadian River
P.O. 53205
<table>
<tr>
<th>DATE</th>
<th>DESCRIPTION</th>
<th>AMOUNT</th>
<th>QTY.</th>
<th>UNIT PRICE</th>
<th>TOTAL</th>
</tr>
<tr>
<td>12/03/2025</td>
<td>NON TAXABLE SERVICES</td>
<td>20" Gravel HDD</td>
<td>1.130</td>
<td>140.00</td>
<td>158,200.00</td>
</tr>
<tr>
<td>12/03/2025</td>
<td>NON TAXABLE SERVICES</td>
<td>MOB</td>
<td>1</td>
<td>20,000.00</td>
<td>20,000.00</td>
</tr>
<tr>
<td>12/03/2025</td>
<td>NON TAXABLE SERVICES</td>
<td>DEMOB</td>
<td>1</td>
<td>20,000.00</td>
<td>20,000.00</td>
</tr>
</table>
198,200.00
0.00
198,200.00
$198,200.00
Pay invoice
February 20, 2025
Attn: A/P
Bennett Construction Inc.
525 Central Park Drive
Oklahoma City, OK 73105
Via Email:
[email protected]
Re: Accounts of Impact Underground LLC ("Impact")
Crown Financial Services, LLC ("Crown") is a factoring and finance company in Houston, Texas. Crown has entered into an Account Purchase Agreement with Impact giving Crown the right to buy invoices and accounts generated by Impact. Please take notice that Impact has assigned its accounts to Crown, and Bennett Construction Inc. ("BCI") is required to remit amounts that are now due or that later become due to Impact as follows:
<table>
<tr>
<th>ACH</th>
<th>Check</th>
</tr>
<tr>
<td>Stellar Bank<br>9 Greenway Plaza, Ste. 110<br>Houston, TX 77046<br>ABA # 113 025 723<br>For Credit To: Impact Underground LLC<br>Account # 2153 6381</td>
<td>Impact Underground LLC<br>P.O. Box 219330<br>Houston, TX 77218</td>
</tr>
</table>
These payment instructions are irrevocable and can only be changed in writing by Crown.
Further, Crown is considering purchasing the invoice described in Exhibit A and attached (the "Invoice"). To make that decision, Crown needs your agreement that the Invoice is in line for payment, that the goods and services covered by the invoice have been provided to BCI, that the amounts of the Invoices are now due and undisputed, and that BCI shall pay the amount billed in the Invoices without asserting any offsets, credits or other defenses per the remittance instructions above.
Impact has signed below to indicate its agreement to the content of this letter. We ask that BCI sign to indicate its agreement as well.
Further, Impact will submit additional invoices to Crown that Crown will consider purchasing in the event that BCI signs an addendum adding those additional invoices to the invoice covered by this Agreement.
Regards,
[signature]
Crown Financial Services, LLC by Chad Tribe, Manager
Agreed:
Impact Underground LLC
By: Caleb Barrilleaux
Title: Managing Member
Bennett Construction Inc.
By: Nichole Sattek
Title: Controller
December 19, 2025
Exhibit A
Addendum to Letter Agreement of February 20, 2025
Pursuant to the same terms and conditions of that certain letter Agreement dated February 20, 2025 between Crown Financial Services LLC, Impact Underground LLC, and Bennett Construction Inc., please confirm the following invoice(s) are in line for payment:
Invoices are defined as follows:
<table>
<tr>
<th>Invoice Number</th>
<th>Invoice Date</th>
<th>Invoice Terms (Days)</th>
<th>Invoice Balance Due</th>
</tr>
<tr>
<td>1340</td>
<td>12/11/2025</td>
<td>Net 45</td>
<td>$14,224.00</td>
</tr>
<tr>
<td>1341</td>
<td>12/11/2025</td>
<td>Net 45</td>
<td>$11,256.00</td>
</tr>
<tr>
<td>1342</td>
<td>12/11/2025</td>
<td>Net 45</td>
<td>$14,224.00</td>
</tr>
<tr>
<td>1343</td>
<td>12/11/2025</td>
<td>Net 45</td>
<td>$14,000.00</td>
</tr>
<tr>
<td>1344</td>
<td>12/18/2025</td>
<td>Net 45</td>
<td>$12,040.00</td>
</tr>
<tr>
<td>1345</td>
<td>12/18/2025</td>
<td>Net 60</td>
<td>$198,200.00</td>
</tr>
</table>
Bennett Construction Inc.
By: ___Travis Cash________________________
Name: ___Travis Cash_____________________
Title: Director of Purchasing______________
STATE OF OKLAHOMA )
)
) ss.
COUNTY OF __Ellis_ & Roger Mills__________)
SUBCONTRACTOR AFFIDAVIT OF PAYMENT
PROJECT: ___Margie & Paulette 20"
PROJECT ADDRESS: ____Roger Mills______________________________
OWNER: ___Oneok___________________________________________
GENERAL CONTRACTOR: ____Bennett Construction LLC____________________
SUBCONTRACTOR: __Impact Underground____________________________
SUBCONTRACT DATE: ___10/18/25___________________________________
Before me, the undersigned Notary Public, personally appeared the Subcontractor named above, who upon oath states as follows:
1. The subcontract work performed by the Subcontractor on the project described above has been fully completed in accordance with the subcontract, plans, and specifications.
2. All laborers, employees, lower-tier subcontractors, and material suppliers who furnished labor, services, or materials under the Subcontractor have been PAID IN FULL for all work performed through the date of this affidavit.
3. There are **no outstanding claims, invoices, or liens** of any kind related to the Subcontractor's work on the project, except as listed below (if any):
PMD Directional invoice 7025-1440
(If none, write "NONE.")
4. The Subcontractor agrees to indemnify and hold the Owner and General Contractor harmless from any claims or liens arising from work performed by or through the Subcontractor prior to the date of this affidavit.
NOTARY ACKNOWLEDGMENT:
Subscribed and sworn before me this 5 day of March, 2020.
[signature]
Notary Public
My Commission Expires: 10/12/2020
Commission Number: 30784560
Teena Wilson
My Commission Expires
10/12/2020
Notary ID 1307B4580
03.09.2024
Check #136808
Payable to: Crown Financial + Impact Underground + PMP Directional.
Impact invoice # 1345 $198,200.00
PMP Directional # 2025-1140
<table>
<tr>
<th>Security Features:</th>
<th>Results of document alteration:</th>
</tr>
<tr>
<td>Padlock Icon</td>
<td>Alerts handler the document contains security features.</td>
</tr>
<tr>
<td>VOID Pantograph</td>
<td>The face of this document contains a colored check background. The word "VOID" appears if copied or scanned.</td>
</tr>
<tr>
<td>Microprint</td>
<td>Small type in check border and back signature lines, readable with a magnifying lens, appears as dots if copied or scanned.</td>
</tr>
<tr>
<td>Security Screen</td>
<td>Absence of "Original Document" verbiage on back of check.</td>
</tr>
<tr>
<td>Artificial Watermark</td>
<td>Artificial watermark not visible on back of check when held at 45° angle.</td>
</tr>
</table>
* FEDERAL RESERVE BOARD OF GOVERNORS REG. CC *
ITEM # WAVEBLOT
March 11, 2026
Dear Sir or Madam:
Please find attached a Pre-Lien Notice regarding amounts currently owed to PMP Directional, LLC for work completed on the attached referenced project.
This notice is being provided as a matter of standard business practice to preserve statutory rights and to ensure that all parties within the contractual chain are aware of the outstanding balance related to work performed by PMP Directional, LLC.
This is a pre-lien notice of right to file a lien. To be clear, a lien has not been currently filed. This correspondence and its attachments are intended to ensure transparency and communication regarding our status of payment on the project.
This notice has been provided to all parties within the contractual chain so that everyone is aware of the current status. We are confident the matter can be reviewed and resolved promptly.
Upon receipt of satisfactory payment for the work performed, PMP Directional LLC will provide a full unconditional lien waiver document for the work associated with this project.
We understand that, at times, delays can occur in the payment process, and we are committed to working through this matter respectfully and professionally.
If payment has already been made or is currently in process, please advise so we may update our records accordingly.
We appreciate your prompt attention to this matter and look forward to resolving it quickly.
Respectfully,
PMP Directional, LLC
(918) 805-9839 office
Pre-lien Notice
Notice or Right to Claim Lien
March 10, 2026
Land/Pipeline/Owner:
ONEOK
100 W. 5th Street – MD 2-3
Tulsa, OK 74103-4298
Certified Mail # 9589071052703264498146
Notifying Party Who Performed Work:
PMP Directional, LLC (Chris Price)
PO Box 3188
Claremore, Oklahoma 74018
PMP Invoice # 2025-1140
Dated December 16, 2025
Contracted by:
Impact Underground
200 E FM 1379
Midland, TX 79706
Certified Mail # 9589071052703264498139
General Contractor:
Bennett Construction
525 Central Park Drive – Ste. 402
Oklahoma City, OK 73105
Certified Mail # 9589071052703264498153
This letter serves as a pre-lien notice of intent under Oklahoma Lien code, Title 42, Chapter 3, Sections 141-154. PMP Directional, LLC (Notifying Party) was contracted by Impact Underground in connection with work performed for Bennett Construction on behalf of Oneok to complete 20” steel pipe river horizontal boring services (HDD) regarding the Margie & Paulette Oneok Project, of the Canadian River. The attached project alignments and KMZ show details of the work performed in Roger Mills / Ellis County, Oklahoma, as well as, the coordinates and feet bored regarding the project.
This notice is provided to inform you that the Notifying Party has provided the above-described services to the Property/Project, and that payment for these services, the “Debt” in the sum of $ 175,000, is past due and owing to the Notifying Party (interest will be applied at 15% per annum, plus all legal fee’s).
This letter is sent to conform to the requirements of the Oklahoma Code Statute to make all parties aware of the past due invoices submitted regarding this project.
Brian J. Green, Managing Member
PMP Directional, LLC
(918) 805-9839 - office
INDEX SHEET
FOR
MARGIE & PAULETTE
ALIGNMENT
LEGEND
1 PROPOSED AND ELECTRIC PIPELINE ALIGNMENT WITH UNDERGROUND OBSTRUCTIONS WILL BE STAKED.
2 ALL UNDERGROUND CONSTRUCTION MAY NOT BE LOCATED.
3 NORMAN PIPE COVER IS 8' UNLESS OTHERWISE NOTED.
ROGER MILLS COUNTY, OKLAHOMA
HOME: 24+101.25'N
SQUARE HOUSE #9
TRACT #1
LOT DEMENSIONS: 408' X 273' (+/- 6') ACRES
LINEMAN'S MARKING / DROP LINE
T13N R11W S41-65
T13N R11W S42-65
T13N R11W S43-65
T13N R11W S44-65
T13N R11W S45-65
T13N R11W S46-65
T13N R11W S47-65
PPLC ROAD
PPLC ROAD
T13N R11W S49-65
TRUCK PARKING LOT
T13N R11W S50-65
ROBERT STREET
T13N R11W S51-65
BRAZOS STREET
T13N R11W S52-65
MISCELLANEOUS
INTERSECTION OF ROBERT STREET AND BROADWAY AVENUE
LOCATION PLAN FOR MECHANICAL EQUIPMENT ... TANK TRUCKS AND SERVICE VEHICLES TO BE PLACED IN THIS AREA
NOTE: ALL DIMENSIONS ARE IN FEET, EXCEPT AS NOTED
(ORIENTIAL SCALE: 1" = 25'0" (VERTICAL SCALE: 1" = 50"))
ALIGNMENT
MANDE & PAULETTE
PERMITTED USES:
CONSTRUCTION SITE
UTILITY/UTILITY
NOTE: THERE IS NO PROHIBITED USE OF ANY PROPERTY.
NOTE: THE PROPOSED USES SHALL NOT BE LOCATED NEAR ANY EXISTING UTILITIES WITHOUT PRIOR WRITTEN CONSENT OF THE OWNER.
NOTE: THE PROPOSED USES SHALL NOT BE LOCATED NEAR ANY EXISTING UTILITIES WITHOUT PRIOR WRITTEN CONSENT OF THE OWNER.
The image provided is a technical engineering drawing related to a project involving utility layout, construction, and alignment. The left side of the image contains reference to specific projects such as "ELLIS COUNTY, OKLAHOMA" and "ROGER MEIS COUNTY, OKLAHOMA." There are notes about roads, intersections, and measurements, including distances such as 68197 LC LEASE ROAD, 10-S6 CL LEASE ROAD, 22-36 RUSSELL, 574 FEET OR 226.70 YDS ACROSS, and stationing notes like 18+90, 18+20, 18+00, etc.
The center of the image shows a detailed map with roads, intersections, alignment lines, and a central circle that appears to be a detailed technical drawing or legend. There are also various axes such as horizontal and vertical lines, which likely indicate reference points for construction layout.
The rightmost column contains tables for alignment, margin, and field notes. Items listed include "ALIGNMENT," "MARGIN," "FIELD NOTES," and columns for station numbers, distances, and notes. There are also references to "PSLS" and "ALIGNMENT FOR GAUGING."
There is a notable lack of clarity due to the quality of the scan, making some handwritten notes and numbers difficult to read entirely.
Ellis County, Oklahoma
OWNER/PROPOSED USE: CROSSING IMPROVEMENT
SCALE: 1" = 20' VERTICAL SCALE: 1" = 50'
OWNER ADDRESS: CROSS RAILROADS
FULL STREET NAME: FRIENDSHIP ROAD
LOT/OF: 114.65 ACRES
STATION FROM Depot Rd. TO Friends Road: .735
SECTION: 92 - 95
ELLIS COUNTY, OKLAHOMA
PROJECT: CROSSING IMPROVEMENT
SCALE: 1" = 20' VERTICAL SCALE: 1" = 50'
OWNER: CROSS RAILROADS
LOTS/ACRES: 114.65
ADDRESS: CROSS RAILROADS
LOT/OF: 114.65 ACRES
FROM STATION 84+18.24 TO 138+48
SUPERINTENDENT: [NAME]
DATE: [DATE]
ELLIS COUNTY, OKLAHOMA
CROSS RAILROADS
SCALE: 1" = 20' VERTICAL SCALE: 1" = 50'
OWNER: CROSS RAILROADS
LOTS/ACRES: 114.65
ADDRESS: CROSS RAILROADS
LOT/OF: 114.65 ACRES
FROM STATION 84+18.24 TO 138+48
SUPERINTENDENT: [NAME]
DATE: [DATE]
ELLIS COUNTY, OKLAHOMA
CROSS RAILROADS
SCALE: 1" = 20' VERTICAL SCALE: 1" = 50'
OWNER: CROSS RAILROADS
LOTS/ACRES: 114.65
ADDRESS: CROSS RAILROADS
LOT/OF: 114.65 ACRES
FROM STATION 84+18.24 TO 138+48
SUPERINTENDENT: [NAME]
DATE: [DATE]
