ABC Supply Co., Inc. v. Rino Restoration, LLC

IN THE DISTRICT COURT IN AND FOR STEPHENS COUNTY STATE OF OKLAHOMA ABC Supply Co., Inc., Plaintiff, vs. Rino Restoration, LLC and Wyatt Raper, Defendants. Case No. CJ-26-15 FILED DISTRICT COURT Stephens County, Okla. FEB 17 2026 PETITION COMES NOW the Plaintiff, ABC Supply Co., Inc., and for its cause of action against the Defendants, Rino Restoration, LLC and Wyatt Raper, would allege and state as follows: 1. Plaintiff, ABC Supply Co., Inc., is a foreign corporation with its principal place of business located in Beloit, Wisconsin. 2. Defendant, Rino Restoration, LLC, is a foreign limited liability company with its principal place of business located in Duncan, Oklahoma. 3. Defendant, Wyatt Raper, is an individual residing in Duncan, Oklahoma. 4. Venue is proper in Stephens County, as Defendant maintains its principal place of business therein. COUNT I BREACH OF CONTRACT 5. Paragraphs 1-4 are incorporated by reference as if fully set forth herein. 6. On May 24, 2024, Defendant Rino Restoration, LLC executed a Credit Application with Plaintiff. Attached hereto as Exhibit A is a true and correct copy of the Credit Application. 7. As further inducement to extend credit to Rino Restoration, LLC, Defendant Wyatt Raper signed, executed, and delivered a Personal Guaranty in favor of the Plaintiff. Attached hereto as Exhibit A is a true and correct copy of the Personal Guaranty. 8. Between June 2024 and August 2024, Plaintiff provided goods and/or services to the Defendants. 9. Plaintiff invoiced Defendants for the goods and/or services provided. Attached hereto as Exhibit B is a list of the invoices sent to the Defendants. 10. Defendants have failed to pay the amount due in a timely fashion and Plaintiff is filing this action to recover the total unpaid balance of $10,287.13. WHEREFORE premises considered, ABC Supply Co., Inc., demands judgment against Rino Restoration, LLC and Wyatt Raper for the remaining balance of $10,287.13, with interest thereon at the applicable post judgment statutory rate per annum from the date of judgment, plus collection costs in the amount of $1,748.81, and attorney's fees and any other relief this court deems just and proper. Respectfully submitted, Scott F. Lehman, OBA #15908 Hailey N. Huber, OBA #35416 Brenner C. Orendorff, OBA #35700 Latham, Keele, Lehman, Ratcliff, Carter & Clarke, P.C. 1515 E 71st Street, Suite 200 Tulsa, OK 74136 (918) 970-2099 Attorney for Plaintiff, ABC Supply Co., Inc. Credit Application ABC Supply Co. inc. ABC Supply Co. Inc 1 ABC Parkway, Beloit, WI 53511 Phone: (608) 362-7777 Email: [email protected] Applicant: Rino Restoration LLC Rino Restoration LLC (DBA name) 1111 W Willow Ave Suite 205 Duncan OK 73533 US Business Phone: (469) 498-7466 Business Email: [email protected] Request ID: ******* May 24, 2024 12:46 PM CDT Sales/Customer Service Rep: House Account - 7995 Branch Selection OK - Lawton - ABC-1243 - 816 SE 1st St [1243] Originating User Assignment: Garrett Bollant, ABC Branch Manager Credit Request Credit amount requested USD 10,000.00 Planned monthly purchase $25,000 - $50,000 Purchase Order Required? NO Account with us (Existing customer)? NO Acct # Order pending NO Order amount(if order pending) Tax Exempt purchase or service NO Business Profile Number of Employees Subcontracted Employees Annual Sales $600,000 - $800,000 Organization Type LLC Style of Business (Select the Style of Business that makes up the majority of your business.) Residential Year Established 2024 State/Province of Incorporation TX Company Identification Federal Tax ID ***************708 Additional Information Business Website In which state will you primarily be doing business in? Texas State Contractors License # Have you purchased from ABC/L&W/Town&Country before? NO Invoices & Statements Once your account is established you can update and manage your preferences at myABCsupply.com. [REDACTED] How would you like your Invoices/Statements to be delivered? Email Address same as Applicant Contact? (Invoices /Statements) Do you require Order Acknowledgement? Do you want to see Extended Pricing on your pick ticket /packing slip? Emailed with Invoice(s)/Statement(s) Attached YES NO YES Billing Information What Accounting System Do You Use? QuickBooks Type of Customer & Core Product Types Type of Customer General Contractor Primary Product Type Steep Slope Roofing Other Product Types Low Slope Roofing, Steep Slope Roofing, Metal Roofing, Waterproofing Owner/Principal Officers' Information Logan Raper Managing Member Phone: (817) 648-0585 E mail: [email protected] US % Ownership: **** Bank and Trade References <table> <tr> <th>Reference Type</th> <th>Company</th> <th>Contact Person</th> </tr> <tr> <td>TRADE</td> <td>N/A</td> <td></td> </tr> <tr> <td>BANK</td> <td></td> <td></td> </tr> <tr> <td></td> <td>Account #: *********</td> <td></td> </tr> </table> Billing Information (For Statements and Invoices) & Accounts Payable Contact Bill To Wyatt Raper Rino Restoration LLC 1111 W Willow Ave Suite 205 Duncan OK 73533 (817) 526-6051 (Phone) [email protected] (E-mail) Accounts Payable Contact Wyatt Raper Rino Restoration LLC (817) 526-6051 (Phone) [email protected] (E-mail) Personal Guarantee Guarantor(s) Wyatt Raper Phone # (817) 526-6051 Signed YES [No visible text] Authorization Buyer authorizes all persons, institutions, organizations, companies and credit reporting agencies to furnish all pertinent information, including commercial and consumer credit reports, requested from time to time by ABC. The undersigned and Buyer, if different, each warrant that the information given is true and no unfavorable information has been omitted. The extension of credit hereunder, the amount of credit and the cancellation or reduction of credit shall be within the sole discretion of ABC. Buyer agrees to be bound by ABC's Credit Agreement and Terms of Sale and acknowledges receipt of the same. Each undersigned individual who is either a partner of the Buyer as credit applicant or a sole proprietorship of the Buyer as credit applicant, recognizing that his or her individual credit history may be a factor in the evaluation of the credit history of the Buyer, hereby consents for and authorizes ABC to obtain and use consumer credit reports for each undersigned individual, from time to time as may be needed, to evaluate the credit of Buyer. Terms & Conditions check to agree ☑ By checking this box, I agree to the attached Terms & Conditions. Click here to read. Application Completed By Wyatt Raper Authorized Signatory Wyatt Raper Signature (Generate your e-signature for identification purposes; note that this does not constitute authorization.) E-mail: [email protected] Title President Date May 24, 2024 12:46 PM CDT Authorization For Electronic Credit Reference The undersigned agrees and authorizes ABC Supply Co. Inc or any other reporting service employed by ABC Supply Co. Inc to obtain credit reference information from references herein listed in this application. Please note that your authorization is also made available to your references herein listed in this application. Application Completed By Wyatt Raper Authorized Signatory Wyatt Raper Signature (Generate your e-signature for identification purposes; note that this does not constitute authorization.) E-mail: [email protected] Title President Date May 24, 2024 12:46 PM CDT [REDACTED] [REDACTED] [REDACTED] Personal Guarantee Continuing Guaranty I (we) the undersigned understand that the information furnished to you is for the purpose of obtaining credit from your company, that I am (we are) authorized, in my (our) capacity, to bind my (our) company accordingly. I (we) the undersigned, hereinafter referred to as guarantors, do jointly, severally, and unconditionally guarantee and promise to promptly pay when due any and all indebtedness of Buyer to American Builders & Contractors Supply Co., Inc., (d/b/a "ABC Supply Co., Inc.," and "Bradco Supply," among others) (hereinafter, "seller"), together with any late payment charge that may accrue thereon, regardless of how such indebtedness is incurred, whether such indebtedness is direct or indirect, absolute or contingent, due or to become due, or exists now or arises hereafter. In addition, the Guarantor(s) agree to pay all costs of collection, legal expenses and attorney's fees paid or incurred by Seller in the collection of Buyer's indebtedness and in enforcing this Continuing Guaranty. The foregoing indebtedness, principal, interest, costs, expenses and fees are hereinafter called the "Indebtedness." Each undersigned guarantor agrees to be bound by Seller's Terms and Conditions of Continuing Guaranty. Each undersigned personal guarantor, recognizing that his or her individual credit history may be a necessary factor in the evaluation of this Continuing Guaranty, hereby consents for and authorizes Seller to obtain and use consumer credit reports for each undersigned, from time to time as may be needed to evaluate the credit of Buyer and/or the undersigned. Terms and Conditions of Continuing Guaranty For value received, and for the purpose of inducing Seller to extend credit or other financial accommodations, or to continue to extend credit or other financial accommodations, to Buyer, each person or entity who signed the Seller's Credit Application as guarantor (hereinafter "Guarantor", whether one or more) hereby guarantees jointly and severally, without limitation as to amount, the prompt payment when due of any and all indebtedness of Buyer to Seller, together with any late payment charge that may accrue thereon, regardless of how such indebtedness is incurred, whether such indebtedness is direct or indirect, absolute or contingent, due or to become due, or exists now or arises hereafter, on the terms and conditions herein (the "Guaranty"). In addition, Guarantor agrees to pay all costs of collection, legal expenses and attorney's fees paid or incurred by Seller in the collection of Buyer's indebtedness and in enforcing this Guaranty. The foregoing indebtedness, principal, interest, costs, expenses and fees are hereinafter called the "Indebtedness". 1. No extension or renewal of time of payment of the Indebtedness, no release or surrender of any security for the Indebtedness of this Guaranty, no release of any person primarily or secondarily liable on the Indebtedness and no delay in enforcement of payment of the Indebtedness under this Guaranty will affect the liability of Guarantor hereunder. Any and all payments upon the Indebtedness made by Buyer, Guarantor, or any other person and the proceeds of any and all collateral or security for any of the Indebtedness may be applied by Seller upon such of the items of the Indebtedness as Seller will determine in its sole discretion. 2. Guarantor waives notice of acceptance of this Guaranty, notice of the extension of creditor financial accommodation to Buyer, notice of the amount of Indebtedness which may exist from time to time, notice of any extension of the time for payment, demand for payment, notice of nonpayment, protest, notice of protest, and all other notices of every kind and nature, and agrees that this Guaranty may be enforced against the undersigned without any prior or concurrent proceeding or action against Buyer. The obligations of the Guarantor will not be affected by: (a) the failure of Seller to assert any claim or demand or to enforce any right or remedy against the Buyer or another Guarantor; or (b) any extension, modification, or renewal of the terms or amount of the Indebtedness. 3. This Guaranty is a continuing guaranty and will remain in full force and will be binding upon Guarantor and Guarantor's heirs, executors, administrators, and assigns notwithstanding the death of one or more of the undersigned, until after the latter of (a) expiration of thirty (30) days after written notice by Certified or Registered Mail of revocation is received by Seller as referenced in Section 12 and (b) all of the Indebtedness owed to Seller by Buyer will have been fully paid (including all late payment charges and attorneys' fees which accrue after expiration of the 30 day period). 4. This Guaranty is the joint and several obligation of each person and entity that signs the Guaranty. 5. If this Guaranty is executed by a corporation, LLC, partnership or other business entity or company ("Entity"), the undersigned individual represents and warrants that the Entity has the power to make this Guaranty, the execution by the undersigned of the Guaranty on behalf of the Entity has been duly authorized and this Guaranty is in the best interest of the Entity. 6. Guarantor hereby waives and renounces any and all homestead or exemption rights Guarantor may have under or by virtue of the constitution or laws of the state of Guarantor's domicile, or of any other state or of the United States as against the liability and obligation hereby created. Guarantor transfers and assigns to Seller an amount of any homestead or exemption that may be allowed to Guarantor, including such homestead or exemption as may be set apart in bankruptcy, equal to the amount necessary to pay this obligation in full together with all costs of collection. 7. Guarantor further agrees to the extent that the Buyer makes a payment or payments to Seller or Seller receives any proceeds or collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the Buyer, its estate, trustee, receiver, or any other party including without limitation the Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, Buyer's obligations, or the part thereof which has been paid, reduced or satisfied by such amount, will be reinstated and continued in full force and effect as of the date such initial payment, reduction or satisfaction occurred. 8. Guarantor waives all claims for subrogation, reimbursement, exoneration, contribution and indemnification with respect to sums paid or payable to Seller by Guarantor. Guarantor hereby waives any right to enforce any remedy that Seller now has or may hereafter have against the Buyer. Guarantor further agrees that any and all claims of Guarantor against Buyer will be subordinate and subject in right of payment to the prior payment in full of all principal, interest, reasonable costs of collection (including attorneys' fees and expenses), and any other liabilities or obligations owing to Seller by Buyer. 9. Should any one or more provisions of this Guaranty be determined to be illegal or unenforceable by a court of competent jurisdiction, all other provisions will remain effective. 10. All obligations are payable and performable at the address of Seller as identified in Section below, unless Seller provides notice to Buyer or Guarantor of a change of address. 11. Guarantor authorizes all persons, institutions, organizations, companies and credit reporting agencies to furnish any and all information, including commercial and consumer credit reports, regarding Guarantor requested from time to time by Seller. 12. All notifications should be addressed to the Seller branch from which Buyer has purchased the most goods in the last 90 days. A copy of all notifications should also be sent to the Vice President of Customer Financial Services at Seller's National Support Center at One ABC Parkway, Beloit, WI 53511. Authorized Signature of Guarantor(s): Name: Wyatt Raper SSN: *************** Date of Birth: *************** Authorized Signatory: Wyatt Raper Signature: Wyatt Raper Home Address: 3000 s us hwy 81 lot 40 Email: [email protected] [?] Duncan, OK 73533 Phone: (817) 526-6051 Date: May 24, 2024 12:46 PM CDT Report for: RINO RESTORATION LLC GENERAL ACCOUNT 11111 W WILLOW AVE #205 DUNCAN, OK 73533-4759 United States Account: [REDACTED] ABC Supply Account Aging Statement 11/27/2024 <table> <tr> <th>Document</th> <th>Document Date</th> <th>Type</th> <th>Due Date</th> <th>PO Number</th> <th>Ship From</th> <th>Total Balance</th> <th>Current</th> <th>Future</th> <th>1 - 30 Days</th> <th>31 - 60 Days</th> <th>61 - 90 Days</th> </tr> <tr> <td>61837787</td> <td>6/7/2024 INV</td> <td></td> <td></td> <td>7/28/2024 30A N MACKINGEB 00305</td> <td></td> <td>$9,589.94</td> <td></td> <td></td> <td></td> <td></td> <td>Over 90</td> </tr> <tr> <td>61944797</td> <td>6/10/2024 INV</td> <td></td> <td></td> <td>7/28/2024 30A N MACKINGEB 00305</td> <td></td> <td>$9,589.94</td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>61917595</td> <td>6/10/2024 INV</td> <td></td> <td></td> <td>7/28/2024 DONNA SMITH 00305</td> <td></td> <td>$596.25</td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>64832318</td> <td>8/22/2024 INV</td> <td></td> <td></td> <td>8/23/2024 30A N MACKINGEB 00305</td> <td></td> <td>$718.78</td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>61997702</td> <td>6/11/2024 C/M</td> <td></td> <td></td> <td>6/12/2024 DONNA SMITH 01243</td> <td></td> <td>($517.07)</td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>LATECHG</td> <td>8/31/2024 SVC</td> <td></td> <td></td> <td>8/31/2024</td> <td>00196</td> <td>($543.75)</td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>LATECHG</td> <td>9/30/2024 SVC</td> <td></td> <td></td> <td>9/30/2024</td> <td>00196</td> <td>$147.66</td> <td></td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>LATECHG</td> <td>10/31/2024 SVC</td> <td></td> <td></td> <td>10/31/2024</td> <td>00196</td> <td>$147.66</td> <td>$147.66</td> <td>$147.66</td> <td></td> <td></td> <td></td> </tr> <tr> <td>Total: 8</td> <td></td> <td></td> <td></td> <td></td> <td></td> <td>$10,287.13</td> <td>$0.00</td> <td>$147.66</td> <td>$147.66</td> <td>$147.66</td> <td>$9,844.15</td> </tr> </table>