Supershed, LLC v. Cody Allyn Cain as Personal Representative for the Estate of James Allyn Cain, deceased and Unknown Occupants

IN THE DISTRICT COURT WITHIN AND FOR CHOCTAW COUNTY STATE OF OKLAHOMA Supershed, LLC, Plaintiff, vs. Cody Allyn Cain as Personal Representative for the Estate of James Allyn Cain, deceased and Unknown Occupants, Defendants. PETITION FOR REPLEVIN COMES NOW the Plaintiff, Supershed, LLC, by and through its attorney, Collin M. Hinds, and for its cause of action against Cody Allyn Cain as Personal Representative for the Estate of James Allyn Cain, deceased and Unknown Occupants at 1942 CR 1970, Antlers, OK 74523, alleges and states: 1. That the Plaintiff is duly authorized to do business within the State of Oklahoma. 2. That on the June 3, 2022, James Allyn Cain (now deceased), for good and valuable consideration, made, executed and delivered a Rental Purchase Agreement (hereinafter "Agreement"), in writing of that date, and promised to pay to the promisee, or its assigns the amount of the Agreement, and interest according to its terms and other things. A copy of said Agreement is attached hereto, marked Exhibit "A", and made a part hereof, whereby said Defendant, whether one or more, became liable and bound to pay said sums therein specified to this Plaintiff, who is the Lessor under said Agreement. 3. That under the terms of the Agreement, James Allyn Cain leased, and the Plaintiff remains the rightful owner, of the following described personal property, to-wit: ULB-14X32 Portable Building, Serial No. 586199 and said property is located at 1942 CR 1970, Antlers, OK 74523. 4. That default was made on said obligation by nonpayment according to its terms, the Agreement has been accelerated and there is now due and owing on the Agreement to the Plaintiff the amount of $18,093.48. That due demand for payment has been made, the Estate of James Allyn Cain, deceased, but the estate refuses to pay the same or grant Plaintiff possession. 5. As lessor, the Plaintiff holds an ownership interest in, and a right to immediate possession of the above-described personal property; and that said Defendants unlawfully and wrongfully withhold same from Plaintiff’s possession. That due demand for the return of said property has been made by Plaintiff, but that the Defendants will not grant possession to Plaintiff. 6. That Plaintiff believes that said property has a value of $16,140.00. 7. The property has not been taken in execution or any order of judgment against said Plaintiff, or for the payment of any tax, fine or amercement aseed against them, or by virtue of an order of delivery issued, or any other means or final process issued against said Plaintiff. 8. As a result of the above said default and refusal to grant possession to the Plaintiff of the above-described personal property, the Plaintiff has been required to place this obligation in the hands of Hinds Law Firm, PC for legal proceedings and that pursuant to the terms of the contract, Plaintiff is entitled to a reasonable attorney fee. 9. Plaintiff hereby requests the issuance of an Order of Delivery for the recovery of the collateral and further requests that the Clerk of this Court issue a Notice to be served upon the debtors which notice shall notify that: (1) an Order of Delivery of the collateral is sought; (2) that the debtors have a right to object by written response filed with the Court Clerk and delivered or mailed to creditor's attorney within five days after service of the petition; and (3) the Order of Delivery shall be issued by the Clerk in the event no written response is filed within the five day period. 10. Pursuant to Title 15 U.S.C.A. §1692(g), Fair Debt Collection Practices Act, if applicable, unless the person or entity responsible for the payment of the above debt, within thirty days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty-day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty-day period, undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. The law does not require me to wait until the end of the thirty-day period following first contact with you before suing you to collect the debt. Even though the law provides that your answer to the petition is to be filed in this action within 20-days you may obtain an extension of that time. Furthermore, no request will be made to the Court for a judgment until the expiration of thirty days after your receipt of this petition and summons. However, if, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this petition and summons, the law requires me to cease my efforts (through litigation or otherwise) to collect the debt until I mail the requested information to you. You should consult an attorney for advice concerning your rights and obligations in this suit. This is a communication from a debt collector. This is an attempt to collect a debt and all information obtained will be used for that purpose. WHEREFORE, premises considered, Plaintiff prays that after due notice in accordance with the laws of the State of Oklahoma to the Defendants, that a Writ of Replevin be issued, granting immediate delivery of said property to Plaintiff, and that judgment be entered granting possession of said property to the Plaintiff, to be sold pursuant to the terms of the Agreement and the laws of the State of Oklahoma, that judgment be awarded for a reasonable attorney fee, its costs of this action, and such other and further relief as the Court may in its judgment deem just and proper. Respectfully submitted, HINDS LAW FIRM, PC Attorneys for Plaintiff [signature] Collin M. Hinds, OBA # 17391 115 W. 3rd St., Ste. 410 Tulsa, Oklahoma 74103 (918) 514-3203 [email protected] STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. I, Collin M. Hinds, after being first duly sworn upon oath, depose and state: That I am the attorney for the Plaintiff in the above-entitled and numbered cause; that I have read the above Petition herein; that I know the contents thereof, and that the matters and things therein set forth are true and correct to the best of my knowledge. Collin M. Hinds Subscribed and sworn before me on this 6 day of March, 2026, by Collin M. Hinds. Notary Public Supershed P.O. Box 648, Mayfield, KY 42065 Phone: (270) 864-7611 Fax: Email: [email protected] Online Payment: CONSUMER LEASE/PURCHASE AGREEMENT AND DISCLOSURE STATEMENT Leasee: James Caln Address: 1942 County Road 1970, Antlers, OK, USA Zip Code: 74523 Co - Lessee: [no initials] Cell Phone: [no number] Date: 06/03/2022 City: Antlers County: Pushmataha State: OK Co - Employee: [no initials] Work Phone: [no number] You, Lessee(s), whether one or more, agree to lease from us, the Lessor named above, the certain portable storage building described below and you agree to pay us, at our address shown above, the lease rate set forth in this Agreement in advance of each period for which you desire this Agreement extended. You hereby agree to perform and honor all of the conditions, terms, and agreements contained herein. As used in this Agreement, "we," "us," and "our" mean the Lessor and "you" and "your" mean the Lessee(s). Lessee Initials: [initials] Co - Lessee Initials: [no initials] The following is disclosed to the Lessee(s) pursuant to applicable state and federal laws and consists of terms and conditions of this Agreement: (a) The Agreement has a contractual minimum lease term of four (4) months and one day. (b) The property subject to this Agreement is described as follows and is referred to as the "Leased Property" or "Property": [description] (c) REQUIRED REGULATION M DISCLOSURES AND CONTRACT TERMS: <table> <tr> <th>Amount Due at Lease Signing or Delivery:</th> <th>Monthly Payments:</th> <th>Other Charges:</th> <th>Total of Payments:</th> </tr> <tr> <td>First monthly payment</td> <td>Your first monthly payment (including tax) is $597.78</td> <td>$2V late payment fee<br>$25 returned check fee<br>$150 removal/re-delivery fee</td> <td>(this amount you will have paid by the end of the Agreement if you choose not to pay off early)<br>$35,856.80<br>Including all monthly payments plus all pre-paid options. Security deposits are refunded or applied to this total as directed by Customer.</td> </tr> <tr> <td>Net Cost Red. Amount</td> <td>$0.00</td> <td></td> <td></td> </tr> <tr> <td>Security Deposit:</td> <td>$500.00</td> <td></td> <td></td> </tr> <tr> <td>Total:</td> <td>$1,987.78</td> <td></td> <td></td> </tr> </table> Purchase Option, Early Termination and Other Terms. If you make all of the scheduled lease payments on time, you will acquire ownership of the leased property. You may purchase the building at any time by paying the remaining balance of the original cash price, less Forty Five Percent (45%) of the principal amount of all lease payments made (excluding taxes, fees, and other charges), plus sales tax on the remaining principal amount. Furthermore, you have the option to return the building at any time after the initial four (4) months of the lease term without making any further payments and without further obligation. This Agreement contains additional information on early termination, maintenance responsibilities, warranties, taxes, late charges, default charges, insurance, any security interest, if applicable, and other terms. Cash Price. The cash price of the Leased Property is $16,140.00 plus applicable sales tax. Applicable sales tax rate/amount is indicated on the Darksen Building worksheet or form. Taxes and Official Fees. Sales tax and the total payment amount may change to reflect sales tax rate changes enacted by governmental authorities. There are no licensing, registration, title, or other official fees. Loss or Damage. You shall be responsible for any damage, loss, or destruction of the Leased Property for any cause whatsoever while the Leased Property is in your possession and until the Leased Property is returned to us, the Lessor. The maximum amount for which you may be held responsible for loss or damage is $16,140.00 (Cash Sales Price). Security Deposit. At the time of execution of this Agreement, Lessee shall pay to Lessor a security deposit of $500.00 to be held by Lessor as security for the performance of all terms of this Agreement (including, but not limited to, payment of a removal or delivery charge). Such deposit (or such part thereof as has not been applied to remedy defaults of Lessee) shall be refunded, without interest, within 30 days of the expiration of the term of this Agreement if Lessee has not been late on lease payments more than 3 times, and after all obligations of the Lessee have been performed including payment of all charges, late fees, and applicable damage or repair costs. There is a charge to pick up or redeliver the Leased Property. Lessor may from time to time use the proceeds of the deposits to apply towards any breach by Lessee of the terms of this Agreement, and in the event of such application, upon demand of the Lessor, the Lessee shall restore the deposit to its original amount. Lessee Initials: [initials] Default and Reinstatement. If you default on payment and this Agreement terminates, you may reinstate the Agreement without losing your rights or options previously acquired by paying all past due payments, late/reinstatement fees, or making the Leased Property available to Lessor. If Lessor so requests, within (2) days after the due date of the scheduled payment. If the Leased Property is returned during the reinstatement period, other than through failure to pay, the right to reinstate this Agreement shall be extended to a total of ten (10) days after the date of the return of the Leased Property to Lessor. Upon reinstatement, the Lessor will provide you with the same Leased Property or substitute property of comparable quality and condition and a redelivery fee of $150.00 may be charged at the option of the Lessor. By signing this Lease/Purchase Agreement, you admit that you have read all three pages, that you understand it, and that you have received an signed copy. Leasee: James Caln Signature: [signature] Co-lessee: [no signature] Signature: [no signature] Witness Signature: [no signature] Date: [blank] Date: [blank] Date: [blank] EXHIBIT A Continuation of Terms And Conditions Condition/Warranty. Lessee shall maintain the Leased Property in good condition, reasonable wear and tear excepted. Leased Property is warranted by manufacturer against defects in materials and workmanship for one (1) year from the date of purchase. Leased Property is not warranted against misuse or abuse by Lessee. Late and NSF Fees. Lessee agrees to pay a $30.00 fee for any checks returned due to insufficient funds and a late fee of $20.00 for any late payments, plus any applicable sales tax. There is a two (2) day grace period for late payments. A late fee will be assessed for each payment not received within two (2) days after the due date. Late fees and NSF fees are not included in the total of payments stated above. Right of Lessor To Repossess Property. If you do not make your payments on time, or fail to fulfill all of the terms and conditions of this Agreement, Lessor has the right to come to the delivery address and pick-up the Leased Property, as long as such repossession is lawful and accomplished without breach of the peace. Lessee shall not obstruct access to the Leased Property so as to prevent removal in the event of termination. Lease Approval. The Leased Property will not be delivered until this Agreement is approved by us. Until such approval, this Agreement shall constitute a lease application. You hereby authorize us, or any agent or agency employed by us, to investigate any references, statements, or other information furnished to us by you or any other person or firm pertaining to your application. Location of Property. We will deliver the Property to your address as shown on page one (1) of this Agreement. You agree that the Property will be kept in your possession at the address shown on page one (1) of this Agreement and the Property will not be moved from said address except by us. Should you move the Leased Property from said address without our prior written consent, we will assert a possessory lien on that part of the Leased Property. Written consent by Lessor shall not be unreasonably withheld. Termination By Lessee. Lessee may terminate this Agreement anytime after expiration of the initial four (4) month term by surrendering the Property to Lessor. Lessee will owe lease payments for any and all time that Lessee has had use of the Property. In the event the Lessee agrees to return the Leased Property to Lessor, it must be returned in the same condition it was when this Agreement was signed, normal wear and tear excepted. Assignment. This Agreement may be sold, transferred, assigned, or pledged by us without restriction. You do not have the right to assign, sublease, mortgage, pawn, pledge, encumber, dispose of, or otherwise transfer the Lease Property, or your rights herein, without our written consent. For you to do so is a breach of this Agreement, and you may be prosecuted under applicable state law. Repairs/Permitted Use. Lessee is responsible for any necessary repairs to the Property while it is being leased. Lessee shall not permit the Property to be altered for the construction of shelves, addition of equipment and accessories, or the placing of signs thereon. Lessee shall not permit the Property to be affixed to any real estate in such a manner that the same cannot be removed without damage to the Property. Access and Inspection. This Agreement constitutes written permission for Lessor to inspect and take reasonable and lawful means to recover the Leased Property in the event of default by Lessee. By signing this Agreement, Lessee authorizes any person having an interest in the real property upon which the Leased Property is placed, including but not limited to, landlords, owners, and/or co-tenants, the right to enter said property for the purpose of assisting Lessor in repossessing the Leased Property. This permission may only be terminated by giving written notice to Lessor. Upon receipt of written notice, the Lessor reserves the right to lawfully repossess said Leased Property and enter Lessee's property without obstruction within a reasonable amount of time and to evict any occupant. Termination/Personal Property. Lessee agrees to promptly remove all of Lessee's personal belongings and property at the termination of the Agreement, whether such termination is caused by Lessee's default, or by lapse of time, and Lessor may elect that any personal property not removed at such termination by Lessee is abandoned and same shall become the property of the Lessor without any payment or offset therefore. If Lessor does not elect, Lessee may remove such property from the Leased Property and store same at Lessee's risk and expense. Lessor Liability. Notwithstanding anything contained in this Agreement to the contrary, the Lessor shall not be liable to the Lessee or to any other person, firm, or corporation by reason of the loss of, damage to, or destruction of any contents contained from time to time in the Leased Property, unless such loss of damage or destruction is due to the negligence of the Lessor, its agents, servants, or employees. In the event and whether or not such loss, damage, or destruction of such property kept in the Leased Premises is due to the negligence of the Lessor, its agents, or its employees, or otherwise, the liability of the Lessor shall not exceed the value of the Leased Property. In this regard, Lessee warrants and guarantees to the Lessor that no property in excess of the said limit of liability shall be placed or stored in the Leased Property other than at the sole peril of the Lessee. By signing this Lease/Purchase Agreement, you admit that you have read all three pages, that you understand it, and that you have received a signed copy of it. I acknowledge that I have read and do understand the terms and conditions of this Agreement: Lessee: [Initials] Co - Lessee: [Initials] Witness: [Initials] Date: [initial date] Continuation of Terms And Conditions Cost Of Enforcing This Agreement: In the event Lessor incurs costs or expenses in enforcing the terms of this Agreement because of Lessee's breach thereof, Lessor shall recover from Lessee all of the costs and expenses incurred, including but not limited to Lessor's reasonable attorney's fees and court costs. Bankruptcy Notifications: Should Lessee file bankruptcy, Lessee is advised that this Agreement is a Consumer Lease such that Lessee must either assume or reject the Agreement. The proper placement of Lessee's debt to Lessor is as an "unexpired lease/executory contract." Condition Of The Leased Property: Lessee has examined the Leased Property, is aware of its condition, and has agreed to lease the Property "AS IS." Lessee has made no representations, warranties, or promises of any kind or nature, either expressed or implied, as to the condition, quality, suitability, or fitness for purpose of the rented property. Governing Law/Venue: The laws of the state of Oklahoma shall govern this contract in all respects. Lessee agrees to submit to the jurisdiction of the county where the Leased Property is located or where this Agreement was signed. Changes To This Agreement: This Agreement sets forth the parties entire agreement and may NOT be changed except in writing signed by both parties. Soverability Clause: Every provision of this Agreement is intended to be severable. If any term or provision is invalid for any reason, same shall not affect the validity of the remainder of the Agreement. Class Action Waiver: All Claims arising out of or relating to this Agreement must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative pleading. If a dispute arises under this Agreement, the parties will initially attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period, either party may bring suit against the other in a civil court having authority to hear replevin actions with the limitation that matter(s) with potential damages over $20,000 must be submitted to binding arbitration governed by the Federal Arbitration Act. Permitted Communication With Lessee: Lessee agrees that Lessor or its agents, including debt collectors, may contact Lessee regarding this Agreement/Account at any number Lessee provides to Lessor including a cell phone number. Lessee agrees that Lessor may contact Lessee using that number and may also contact Lessee via text messaging, regardless of whether Lessee is charged by his or her service provider for the text or call. Renter also agrees to be contacted via automatic dialing and prerecorded message system. <table> <tr> <th>Lessee:</th> <td>James Cain</td> <th>Co-Lessee:</th> <td></td> </tr> <tr> <th>Home Phone:</th> <td></td> <th>SSN#:</th> <td></td> </tr> <tr> <th>Work Phone:</th> <td></td> <th>Date of Birth:</th> <td></td> </tr> <tr> <th>Cell Phone:</th> <td></td> <th>Drivers License #:</th> <td></td> </tr> <tr> <th>SSN#:</th> <td></td> <th>Employer:</th> <td></td> </tr> <tr> <th>Date of Birth:</th> <td></td> <th>Number of Years:</th> <td></td> </tr> <tr> <th>Drivers License #:</th> <td></td> <th>Work Phone:</th> <td></td> </tr> <tr> <th>Employer:</th> <td></td> <th>Cell/Office Phones</th> <td></td> </tr> <tr> <th>Number of Years:</th> <td></td> <th>Date of Birth:</th> <td></td> </tr> <tr> <th>Work Phone:</th> <td></td> <th></th> <td></td> </tr> <tr> <th>Own or Rent Property:</th> <td></td> <th></th> <td></td> </tr> <tr> <th>Name of Landlord:</th> <td></td> <th></th> <td></td> </tr> <tr> <th>Phone number of Landlord:</th> <td></td> <th></th> <td></td> </tr> </table> REFERENCES MUST HAVE 2: FOR OFFICE USE ONLY: ASSIGNMENT The parties acknowledge that this Agreement and all proceeds hereof are subject to a first priority security interest in favor of Freedom Portable Buildings, LLC and it's successors and assigns all rights, title, and interest in this contract. Seller gives full power to take all legal or other action which Seller would have taken under this contract. BY: (A) DO NOT SIGN this Lease/Purchase Agreement before you read all three pages or if it contains any blank spaces. (B) You are entitled to an exact copy of the Lease/Purchase Agreement you sign. Keep it to protect your legal rights. By signing this Lease/Purchase Agreement, you admit that you have read all three pages, that you understand it, and that you have received a signed copy of it: I agree that I have read and do understand the terms and conditions of this Agreement: Lessee: [Signature] Date: Co - Lessee: [Signature] Date: Witness: [Signature] Date: 10/9/09 Supershed P.O. Box 648, Mayfield, KY 42086 Phone: (270) 804-7501 Fax: Email: [email protected] Online Payment: Acknowledgement of Rental-Purchase Transaction 1. This agreement is a rental-purchase agreement and the lessee (customer) does not own the merchandise but can obtain ownership by using the ownership options provided in the agreement. 2. This agreement is not a credit transaction. 3. The lessee (customer) has the right to return the merchandise to the lessor without additional charge or penalty at any time and will owe nothing further except unpaid rent charges and fees. 4. If the lessee (customer) returns the property, the agreement offers reinstatement rights which allow the lessee to get the property back if the lessee has complied with the agreement and the law. 5. The lessee (customer) has been advised of and reviewed the lessor's cash price of the property, the amount of any periodic payment and the total number and amount of periodic payments necessary to acquire ownership of the property; and 6. The lessee (customer) has reviewed and acknowledged the terms of the agreement, including the purchase option rights and the total cost if all scheduled payments are made. By signing this Lease/Purchase Agreement, you admit that you have read all three pages, that you understand it, and that you have received a signed copy of it. I agree that I have read and do understand the terms and conditions of this Agreement: Lessee: Sarah Signature: [signature] Co - Lessee: D3990C0D7B0480 Signature: Witness: Lisa C Koel Signature: [signature]