IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., Plaintiff,
vs.
TEXOMA SOLAR SOLUTIONS, LLC, and ANTHONY DEVORE, personal guarantor, Defendant.
Case No.
PETITION
FIRST CAUSE OF ACTION - OPEN ACCOUNT
COMES NOW the plaintiff and for its first cause of action against the defendant Texoma Solar Solutions, LLC alleges and states:
1. Defendant is indebted to the plaintiff for goods and services sold and delivered to defendant on open account, in the amount of $21,800.12, as shown on the Affidavit and Statement attached as Exhibit 1. Plaintiff is entitled to judgment for said amount together with interest thereon at the rate of 18% per annum from December 25, 2023 until paid.
SECOND CAUSE OF ACTION - PERSONAL GUARANTY
COMES NOW the plaintiff and for its second cause of action against the defendant Anthony Devore alleges and states:
2. Plaintiff realleges and restates all of the allegations contained in plaintiff’s First Cause of Action.
3. On or about November 9, 2022, defendant Anthony Devore, for good and valuable consideration, executed and delivered to plaintiff a personal guaranty, a copy of which is attached hereto and marked as page 2 of Exhibit 2. The defendant Anthony Devore personally guaranteed to pay any debt that the defendant, Texas Solar Solutions, LLC might incur with the
plaintiff.
4. The defendant Anthony Devore is indebted to plaintiff for the sum of $21,800.12 together with interest on said sum at the rate of 18% per annum from December 25, 2023 until paid.
WHEREFORE, plaintiff prays judgment against the defendants, Texas Solar Solutions, LLC and Anthony Devore, jointly and severally, for the sum of $21,800.12 with interest thereon at the rate of 18% per annum from December 25, 2023 until paid, for plaintiff's costs of this action including a reasonable attorney fee, and all other relief the Court deems just and proper.
REYNOLDS, RIDINGS, VOGT & McCART, P.L.L.C.
By: ________________________________
Jason McCart, OBA #22646
Attorneys for Plaintiff
101 Park Avenue, Suite 1010
Oklahoma City, OK 73102
(405) 232-8131 Phone
(405) 232-7911 Facsimile
[email protected]
REYNOLDS, RIDINGS, VOGT & MccART, P.L.L.C.
ATTORNEYS AT LAW
101 Park Avenue, Suite 1010
Oklahoma City, OK 73102
State of Texas )
) ss.
County of Harris )
I, Ben Mertes, of lawful age, and being first duly sworn, upon oath deposes and says:
That he is a Credit Supervisor of Consolidated Electrical Distributors, Inc. d/b/a Greentech, a corporation organized under the law of the state of Delaware, that the attached account against Texas Solar Solutions, LLC and Anthony Devore, as well as the various items thereof, is, within the personal knowledge of the affiant, just, true and correct, and the amount of $21,800.12 shown thereon is due and owing over and above all credits and setoffs, with interest continuing to accrue from December 25, 2023 on the unpaid principal balance of $20,549.04 at the rate of 18 percent per annum to judgment and thereafter as provided by law.
Affiant further states that the contract and evidence of indebtedness here sued upon is not based upon a usurious contract nor made in violation of the interest laws of the State of Oklahoma.
Subscribed and Sworn to me this 27th day of September , 2024.
Adriana Castro Rodriguez
My Commission Expires 2/24/2026
Notary ID 128787918
Notary Public
My commission expires: 02/24/2026
Please remit to:
Greentech Renewables Dallas
PO Box 207115
Dallas, TX 75320-7115
STATEMENT
Page 1
Location Account Date
0237 UB16455- 07/01/2024
Refer to invoices for taxes. A Service Charge will be made for Past Due Accounts.
Please check off the invoices you are paying and send a copy of this statement along with your remittance to the address printed above.
Texoma Solar Solutions Bad Debt
3117 Westside Dr
Durant, OK 74701
Age Date Code Reference Customer PO# Discount Amount
90+ 07/25/2023 COR 1045777 7-25 BATTERY ENP 8,407.41
90+ 08/21/2023 1048116 8/2 SMA ARISE 10,067.70
90+ 08/25/2023 SVC 9009653763 238.61
90+ 09/25/2023 SVC 9009940087 352.12
90+ 09/27/2023 1050890 PANELS 2,073.93
90+ 10/25/2023 SVC 9010238971 352.12
90+ 11/25/2023 SVC 9010531185 308.23
<table>
<tr>
<th>Total Due</th>
<th>Current</th>
<th>Past Due</th>
<th>Past Due</th>
<th>Past Due</th>
</tr>
<tr>
<td>21,800.12</td>
<td>0.00</td>
<td>0.00</td>
<td>0.00</td>
<td>21,800.12</td>
</tr>
<tr>
<td>Pay This Amount</td>
<td>1 - 30</td>
<td>31 - 60</td>
<td>61 - 90</td>
<td>Over 90</td>
</tr>
</table>
CREDIT APPLICATION AND AGREEMENT FOR CREDIT SALES
MAIL THIS APPLICATION TO:
To Greentech Renewables: For the purpose of procuring and establishing credit, from time to time, the under signed Applicant furnishes the following information, including the attached Financial Statement. Applicant represents and warrants said information is true and correct and a true and complete statement of its financial condition.
APPLICANT: BUSINESS OR CORPORATION NAME
1. Texoma Solar Solutions
APPLICATION DATE 11-9-22
BUSINESS STREET ADDRESS
2. 3117 Westside Dr.
BILLING ADDRESS: STREET OR P.O. BOX
439 Pleasant Hill Rd
CITY
3. Durant
STATE OK ZIP 74701
CITY
4. Caddo
STATE OK ZIP 74729
BUSINESS TELEPHONE NO.
5. (844)483-9600
FAX NO.
E-MAIL texomaSolar
[email protected]
YEAR BUSINESS WAS ESTABLISHED 2009
NO. OF EMPLOYEES 32
WE ARE ENGAGED IN THE BUSINESS OF:
MONTHLY STATEMENT YES SOLE PROPRIETOR CORPORATION
OF ACCOUNT REQUIRED? NO PARTNERSHIP LLC
CONTRACTOR'S LICENSE NO.
6. 32706
STATE ISSUED TX
A/P CONTACT NAME Anthony Devore
BUSINESS BUILDING IS OWNED RENTED
E-MAIL
[email protected]
OWNERS (IF APPLICANT IS A SOLE PROPRIETOR OR PARTNERSHIP)
NAME Anthony Devore
TITLE Owner
HOME ADDRESS 439 Pleasant Hill Rd, Caddo, OK
HOME PHONE NO. (580) 916-8836
OFFICERS (IF CORPORATION)
NAME Anthony Devore
TITLE Owner
HOME ADDRESS 439 Pleasant Hill Rd, Caddo, OK
HOME PHONE NO. (580) 916-8836
BANK OR SAVINGS AND LOAN ASSOCIATION:
NAME First United Bank
BRANCH ADDRESS 1400 W. Main St., Durant, OK 74701
ACCOUNT NO. Checking
TYPE OF ACCOUNT
APPLICANT'S PRINCIPAL CREDIT REFERENCES (LIST AT LEAST THREE)
<table>
<tr>
<th>NAME</th>
<th>ADDRESS, CITY, STATE & ZIP</th>
<th>PHONE NUMBER</th>
<th>AMOUNT OWING</th>
</tr>
<tr>
<td>BBB Industries</td>
<td>29162 Renaissance Blvd. Daphe, AL 36526</td>
<td>(800) 280-2137</td>
<td></td>
</tr>
<tr>
<td>Locke Supply</td>
<td>HVAC Suite 2100 N Evergreen Durand, OK 44701</td>
<td>(580) 920-2140</td>
<td></td>
</tr>
<tr>
<td>Broken Arrow Electric Supply</td>
<td>3119 Westside Dr. Durant, OK 74701</td>
<td>(580) 924-2237</td>
<td></td>
</tr>
</table>
16. Has Applicant or any of its Owners, Principals, Partners, Officers, or Directors ever filed a voluntary petition in bankruptcy, been adjudged bankrupt, or made an assignment for the benefit of creditors? WRITE ANSWERS YES OR NO.
NO
17. Are taxes owed by Applicant to any taxing authority past due? NO
Has a tax lien or civil suit been filed against Applicant or any of its Owners, Principals, Partners, Officers, or Directors within the past six years? NO
18. Is the Applicant or any of its Owners, Principals, Partners, Officers, or Directors, a guarantor or endorser of debts or notes owned by others? NO
19. Does Applicant now have a merchandise order pending with Greentech Renewables? NO
If yes, what is the approximate amount of the order?
APPLICANT: Please complete and sign the reverse side of this form, 2) please attach a current financial statement, if a contractor, please include a copy of your registration surety bond.
SPACES BELOW ARE FOR GREENTECH RENEWABLES USE ONLY
P.C. NO. P.C. MGR APPROVAL 1035 SALES TAX D&B RATING CREDIT APPROVAL APPROVAL DATE
AGREEMENT
In consideration of Consolidated Electrical Distributors, Inc. d.b.a. Greentech Renewables, and all assumed or fictitious names under which it does business, and all of its affiliates, parents, subsidiaries, and related companies, (hereinafter collectively Seller) extending credit to the Applicant, Applicant agrees to pay for all items delivered to or at the request of the Applicant by the 15th of the month following purchase. The applicable cash discount may be taken if Seller's invoice is paid not later than the 10th of the month following purchase. All accounts are due and payable at the remittance address shown on the Seller invoice. Applicant acknowledges that a monthly service charge may be issued on all sums due to Seller, which have not been paid within thirty (30) days from the invoice date, and Applicant agrees to promptly pay said service charge. The service charge shall be 1.5% per month, but not to exceed the highest amount lawfully allowed by contract in the state in which this application is executed; it shall be issued on the thirty-first (31st) day after the original invoice date; and an additional service charge, computed on the same basis, shall be made every thirty (30) days thereafter. Waiver of any one or more service charges shall not be deemed to be a waiver of future service charges. Applicant further agrees with regard to such service charges, Applicant and Seller are parties to a written contract. Applicant agrees to notify Seller in writing of any changes in ownership or status of ownership and further agrees that, notwithstanding any change in ownership, status of ownership, business form or entity, all charges incurred will remain the responsibility of Applicant unless agreed to by Seller in writing.
By his signature hereon, Applicant agrees that each of the terms and conditions of sale which can be found at http://sales.our-terms.com/ shall be a term of the contract of each sale from Seller to Applicant. Said terms and conditions may be unilaterally amended by Seller, in its sole discretion, at any time. Each party agrees that the electronic signatures, whether digital or encrypted, of the Applicant included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
In case of any default in relation to any transactions made pursuant to this Application, Applicant shall pay Seller's reasonable attorneys' and collection fees and costs, whether or not any action is filed, including without limitation such fees and costs related to collection, arbitration, trial and on any appeal, review or reconsideration thereof, and any such fees or costs incurred after any award or judgment is entered. Jurisdiction and venue for any legal action shall be in the state and country: (a) where this agreement is signed, (b) where the materials at issue were purchased, (c) where the materials were incorporated, and (d) as otherwise provided by law, with Seller having sole right to choose among these jurisdictions and venues for any particular dispute. This Application shall be governed by and construed in accordance with the law of the jurisdiction in which Seller elects to bring an action without resort to principles of conflicts of law. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remainder of this agreement will continue in full force and effect. The undersigned warrants that the above agreement has been carefully read and the Applicant understands the same.
BY SIGNATURE BELOW, APPLICANT EXPRESSLY AGREES TO ALL THE TERMS OF THE APPLICATION AND TO THE FOLLOWING:
1. Applicant authorizes Seller to obtain credit and financial information concerning Applicant at any time and from any source or the purpose of evaluating Applicant's creditworthiness in connection with this Application.
2. (Sole Proprietor or Partnership Only) The undersigned expressly consent(s) to Seller obtaining credit and financial information concerning Applicant and/or a consumer credit report on [Anthony Nelson] (Sole Proprietor/Partner) at any time and from any source for the purpose of evaluating Applicant's creditworthiness in connection with this Application.
Signed by:
Authorized Signature
Name: Anthony Nelson
Title: owner
Sole Proprietor/Partner:
Signature of individual named in #2 above.
Name: Anthony Nelson
Address: 739 Pleasant Hill Rd.
Caddo OK 74729
SSN: __________________
PERSONAL GUARANTY
The undersigned, jointly and severally, in consideration of the monthly billing privileges requested by the Applicant, do hereby unconditionally guarantee and promise to pay any and all obligations of said Applicant which have in the past or may in the future be owing to the Seller on open-account or otherwise, including without limitation service charges. The undersigned agree to all the terms of the aforementioned Sales Agreement. The undersigned waive any right to require Seller to proceed against Applicant or pursue any other remedy and any statute of limitations pertaining hereto; and the undersigned further waive all resentments, demands for performance, notices of non-performance, protests, notices of protest, notices of dishonor and notices of acceptance of this warranty and of the incurrence or modification of existing or additional indebtedness. No delay in the enforcement of this Guaranty shall affect the liability of any the undersigned. In case Seller enforces the Guaranty, the undersigned, jointly and severally, shall pay Seller's reasonable attorneys' and collection fees and costs, whether or not any action is filed, including without limitation such fees and costs related to collection, arbitration, trial and on any appeal, review, or consideration thereof, and such fees and costs incurred after any award or judgment is entered. The undersigned, jointly and severally, agree to the same jurisdiction and venue for any legal action on this Guaranty as agreed to by Applicant above in the Agreement, with seller having the sole right to choose among these jurisdictions and venues for any particular dispute. If any provision of this Guaranty is held to be invalid, illegal or unenforceable, the remainder of this guaranty will continue in full force and effect.
The undersigned Guarantor(s) authorize Seller to obtain a consumer credit report on Guarantor(s) at any time and from any source for the purpose of evaluating their creditworthiness. Each party agrees that the electronic signatures, whether digital or encrypted, of the Guarantors included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Signed by:
Guarantor
Name: Anthony Nelson
Address: 739 Pleasant Hill Rd.
Caddo OK 74729
SSN: _____
Signed by:
Guarantor
Name: ____________________________
Address: _________________________
SSN: ____________________________
