IN THE DISTRICT COURT OF GARFIELD COUNTY
STATE OF OKLAHOMA
COMMUNICATION FEDERAL CREDIT UNION,
Plaintiff,
vs.
THE UNKNOWN SUCCESSORS AND ASSIGNS OF JACK W. SCHMIDT A/K/A JACK WAYNE SCHMIDT, DECEASED, and CHERYL D. SCHMIDT A/K/A CHERYL DEE SCHMIDT,
Defendants.
Case No. CJ-2026-130-01
PETITION IN REPLEVIN
FIRST CAUSE OF ACTION - REPLEVIN
COMES NOW Plaintiff, Communication Federal Credit Union (hereafter “Plaintiff”), by and through counsel of record Joshua C. Greenhaw, Cara J. Bisel, and Breanne Stewart of Mee Hawkins Greenhaw & Cotner PLLP, and for its claims against The Unknown Successors and Assigns of Jack W. Schmidt a/k/a Jack Wayne Schmidt, Deceased, and Cheryl D. Schmidt a/k/a Cheryl Dee Schmidt (collectively hereafter referred to as the “Defendants”) alleges and states:
1. On or about April 4, 2022, Jack W. Schmidt a/k/a Jack Wayne Schmidt and Cheryl D. Schmidt a/k/a Cheryl Dee Schmidt, for good and valuable consideration, executed and delivered to Northcutt Chevrolet Buick, LLC, a Retail Installment Sale Contract and Security Agreement (hereafter the “Contract”), in the amount of $24,510.00.
2. As part of Contract, and to secure the payment of the amounts owed pursuant to said Contract, Jack W. Schmidt a/k/a Jack Wayne Schmidt and Cheryl D. Schmidt a/k/a Cheryl Dee Schmidt granted to Northcutt Chevrolet Buick, LLC, a security interest in a 2015 Chevrolet
Colorado (VIN: 1GCHSBE34F1230025) (hereafter the “Vehicle”). A true and correct copy of the Contract is attached hereto as Exhibit “A”.
3. Said Contract was subsequently assigned to Plaintiff and Plaintiff is the current owner and holder thereof and is the current creditor.
4. Under the terms of said Contract, Jack W. Schmidt a/k/a Jack Wayne Schmidt and Cheryl D. Schmidt a/k/a Cheryl Dee Schmidt agreed to make payments to Plaintiff as set out therein.
5. Jack W. Schmidt a/k/a Jack Wayne Schmidt and Cheryl D. Schmidt a/k/a Cheryl Dee Schmidt did not pay said Contract in accordance with the terms thereof and is in default.
6. As of February 18, 2026, after credit for all payments and offsets, the balance due under Contract was $10,763.64, together with interest in the amount of $167.64, plus interest continuing to accrue from and after February 18, 2026, at the contractual rate of 3.74% per annum, until paid, and fees/charges in the amount of $108.00, pursuant to Contract.
7. Under the terms of Contract and under the Uniform Commercial Code, Plaintiff has a special interest in the Vehicle and the right to the immediate and permanent possession of said Vehicle.
8. Upon information and belief, Jack W. Schmidt a/k/a Jack Wayne Schmidt is deceased, with his date of death being June 13, 2025, in Ringwood, OK.
9. Plaintiff has made a diligent search of all readily available sources and does not know, and with due diligence cannot ascertain, the names or whereabouts of Jack W. Schmidt a/k/a Jack Wayne Schmidt’s successors, if any.
10. Defendants may claim an interest in the Vehicle, but Plaintiff alleges that any interest claimed by Defendants is subject to and inferior to the interest of the Plaintiff in the Vehicle.
11. The actual value of said Vehicle is unknown to this Plaintiff, but Plaintiff believes the approximate value of said Vehicle to be $9,075.00.
12. The aforementioned Vehicle was not taken in execution on any order or judgment against said Plaintiff, or for the payment of any tax, fine or amercement assessed against it, or by virtue of an Order of Delivery issued, or any other mesne or final process issued against said Plaintiff.
WHEREFORE, Plaintiff requests that the Court grant judgment for an Order of Delivery (Writ of Replevin) for the Plaintiff against the Defendants for the permanent possession of the Vehicle pursuant to 12 O.S. § 1583.
Plaintiff further requests judgment decreeing that Plaintiff's interest in said Vehicle is senior and prior to the interest of the Defendants in said property.
Plaintiff further requests judgment pursuant to 12 O.S. § 1582, should the Defendants refuse to grant possession of the Vehicle to Plaintiff, that the Sheriff of Major County, or any other county in Oklahoma where the Vehicle may be found, shall be authorized to break open any property or enclosure in which the Vehicle is concealed after first demanding entry thereto.
Plaintiff further requests that any judgment herein be deemed a final judgment pursuant to 12 O.S. § 994 (OSCN 2026), and for any other relief to which it is entitled.
Respectfully submitted,
BREANNE STEWART, OBA #35747
[email protected]
CARA J. BISEL, OBA #31390
[email protected]
JOSHUA C. GREENHAW, OBA #19111
[email protected]
MEE HAWKINS GREENHAW & COTNER PLLP
PO Box 1375
Oklahoma City, OK 73101
Telephone: (405) 646-6784
Facsimile: (405) 848-9101
ATTORNEYS FOR PLAINTIFF
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
VERIFICATION
STATE OF OKLAHOMA )
COUNTY OF OKLAHOMA ) ss.
1. Breanne Stewart, of lawful age, being first duly sworn, on this 23 day of April 2026, depose and say:
That I am the attorney of the Plaintiff in the above-referenced cause; that I have read the above and foregoing Petition and have personal knowledge thereof; that I know the contents thereof and that the statements therein made are true and correct to the best of my knowledge and belief. I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct.
____________________________________
BREANNE STEWART
RETAIL INSTALLMENT SALE CONTRACT
SIMPLE FINANCE CHARGE
[Redacted]
Please Read and Comply If you buy the vehicle sales for cash or trade. By signing this contract, you agree to follow the terms of credit under agreements on the front and back of this contract. You agree to pay the Seller $2000 down plus the yearly interest rate (see Amount Financed and Finance Charge or U.S. funds according to the payment schedule above We will deduct your finance charge on an daily basis The items on the Senior Disclosure Notice are part of this contract.
[Redacted]
[Redacted]
[Redacted]
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL PERCENTAGE RATE:
The cost of your credit as a yearly rate.
FINANCE CHARGE:
The amount the credit provider will collect.
Amount of Credit:
The amount of credit provided by the credit provider.
Total Sale Price:
The total cost of your vehicle including additional charges.
Your Payment Schedule Will Be:
<table>
<tr>
<th>No.</th>
<th>Amount</th>
<th>When Payments Are Due</th>
</tr>
<tr>
<td></td>
<td>$1,950</td>
<td>Beginning of Month</td>
</tr>
<tr>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td></td>
<td></td>
<td></td>
</tr>
</table>
Late Charge: If payment is not received in full within 10 days after it is due, you will owe a late charge of $7.00 or 1% of the part of the purchase that remains unpaid, whichever is greater.
Prepayment: If you pay early, you will not have to pay a penalty.
Security Deposit: You are charging a security deposit for the vehicle being purchased.
Additional Information: See the contract for more information including information about consumer credit laws, fair credit reporting acts, and security interests.
RECAPITULATION OF AMOUNT FINANCED
<table>
<tr>
<th>#</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td>1</td>
<td>Down Payment</td>
<td>$1,950</td>
</tr>
<tr>
<td>2</td>
<td>Total Down Payment</td>
<td>$1,950</td>
</tr>
<tr>
<td>3</td>
<td>Other Charges</td>
<td>$0</td>
</tr>
<tr>
<td>4</td>
<td>Taxes/Tags/All Fees</td>
<td>$0</td>
</tr>
<tr>
<td>5</td>
<td>Insurance</td>
<td>$0</td>
</tr>
<tr>
<td>6</td>
<td>Other Charges</td>
<td>$0</td>
</tr>
<tr>
<td>7</td>
<td>Other Total</td>
<td>$0</td>
</tr>
<tr>
<td>8</td>
<td>Total Other Charges</td>
<td>$0</td>
</tr>
<tr>
<td>9</td>
<td>Finance Charge</td>
<td>$0</td>
</tr>
<tr>
<td>10</td>
<td>Total Amount Financed</td>
<td>$0</td>
</tr>
</table>
Check the insurance you want and sign below:
Optional Credit Insurance
1) Liability Policy
2) No Liability Policy
3) No Optional Insurance
4) Other ____________________________
Premium: ____________________
Amount Deeded to Insurance Company: ____________________
This Vehicle has been accident-free since the date of sale.
Other Optional Insurance
1) Vehicle ________
Premium: ____________
Amount Deeded to Insurance Company: ____________________
This Vehicle has been accident-free since the date of sale.
THIS INSURANCE DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED BY NEGLIGENCE. WITHOUT SUCH INSURANCE YOU MAY NOT OPERATE THIS VEHICLE ON PUBLIC HIGHWAYS.
[Redacted] & [Redacted] Date [Redacted]
OPTION 1: You may not finance charge if the Annual Percentage Rate is stated in writing before Nov. ____________________________ Year in / O SELLER'S NAME Printed Name ____________________________ Signature ____________________________ Date ____________________________
OPTION 2: A guarantor and co-obligator is required. If you refuse to list the guarantor, the Seller reserves the right to cancel this contract immediately without notice. You cannot assign this contract to another name without the Seller's approval. See the contract for details on the terms and rights of the buyer and seller.
[Redacted] & [Redacted] Date ____________________________
NO COOLING OFF PERIOD
State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract, you may only cancel it if the Seller agrees or for legal cause. You cannot cancel this contract simply because you change your mind. This notice does not apply to home solicitation sales.
The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge.
HOW THIS CONTRACT CAN BE CHANGED: The contract is complete when signed by both buyer and seller. Any changes to this contract must be signed by both parties. See the back for other important agreements.
NOTICE TO RETAIL BUYER: Do not sign this contract in blank. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.
You agree to the terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confirm that you received a completely filled-in copy when you signed it.
[Redacted] Signed ____________________________ Date ____________________________
Buyer Printed Name ____________________________ Co-Buyer Printed Name ____________________________
Co-Buyer Signed ____________________________ Date ____________________________
Co-Buyer Printed Name ____________________________
EXHIBIT A
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS
a. How we will figure Finance Charge: We will figure the Finance Charge on monthly basis using the average daily balance method of computing interest charges.
b. How we will apply payments: You may apply each payment to the earliest unpaid installments first then to later unpaid installments.
c. If you are late payments: We will assess a finance charge when you are late in making any payment on this agreement and you must pay that finance charge.
2. YOUR OTHER PROMISES TO US
a. If the vehicle is damaged, destroyed, or missing: You agree to buy us all you owe under this contract even if the vehicle is stolen, lost, or destroyed.
b. Using the vehicle: You agree not to rent, lend, sell, or trade the vehicle without our written consent unless otherwise provided herein or by local law.
c. Security Interest:
• You grant us a security interest in:
• The vehicle and all parts or goods sold for it;
• All money or goods received (including but not limited to resale proceeds) for the vehicle; and,
• Any other property used to secure payment of the balance owed under this agreement.
d. Business you conduct on the vehicle:
• You agree to inform us directly about any sales or leasing of this vehicle or any part of this vehicle. We reserve the right to inspect any vehicle you sell or lease, including the vehicle itself, all parts, and all records, books, and documents related to the vehicle. We have the right to reject any transaction or sale if we determine the vehicle has been involved in a commercial transaction or business use, unless otherwise agreed in writing between you and us.
e. If you return the vehicle:
• You will complete and sign a Vehicle Return Agreement when you return the vehicle to us.
• You will notify us immediately if you return the vehicle.
f. If you pay late or break your promises:
• You may owe late charges. We will charge you a late payment fee as described in the "Finance Charge" section above. If you pay late, we reserve the right to stop payment of the vehicle. If you fail to pay within five days after notice of nonpayment, we will pursue any remedies available under applicable law, including repossession and sale of the vehicle.
g. What we may do about optional insurance, maintenance, service, or other connects: You cannot pay extra insurance, maintenance, service, or other connects. If you pay extra insurance, maintenance, service, or other connects, we will apply that money toward your outstanding balance under this agreement.
h. What we may do about breach of warranty: If we determine that the vehicle does not conform to the representations made by the seller, we will pursue any remedies available under applicable law, including repossession and sale of the vehicle.
3. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may owe late charges. See the "Finance Charge" section above for details on how late payment fees are calculated. If a payment is more than 30 days overdue, we will assess a finance charge.
b. You may have to pay all owed at once. If you break one promise in this agreement, you must pay all owed at once.
c. You may lose your vehicle. If you do not follow these promises, we may have to repossess your vehicle.
d. Consequences of breaking this contract.
• This agreement will be subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
• Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREBY.
The preceding Notice applies only to you if somebody assigned something for personal, family, or household use, in all other cases the Buyer (debtor) may assert against any subsequent holder or assignee of this contract any claim or defense the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment financed under this contract.
