INN OesSO9G9S* xusoMsyss oF OFC oun INTHE oistuct fan )R CLEVELAND COUNTY CISTATE OFRIKEAHOMA Ns FIRST NATIONAL BANK OF OMAHA penne ) Plaintiff, ype. S v. ne sivk WUE N0. 03-3014 -\0S3 KEITH L HUMPHREY cout ) Defendant(s). ) PETITION Comes now the Plaintiff, First National Bank of Omaha (“Plaintif?’), and for its cause of action against the Defendant(s) alleges and states as follows: 1. That the Defendant(s) herein is a resident of Cleveland County, Oklahoma and this Court has jurisdiction of the parties and the subject matter herein. 2. That the underlying obligations owed by the Defendant(s) to the Plaintiff result from charges made by the Defendant(s) on a First National Bank of Omaha credit account. 3. That Defendant(s), Keith L Humphrey, is indebted to Plaintiff for the sum of $7,976.01. 4, First National Bank of Omaha is the lawful holder of the Account and Defendant(s) has failed, refused, and neglected to pay the same after due and proper demand thereof. 5. Plaintiff has complied with all the terms, conditions, and provisions of the account and is duly empowered to bring this action. 6. Plaintiff is entitled as a matter of law to a judgment in its favor and against Defendant(s), Keith L Humphrey, for the total amount remaining due such being $7,976.01, and court cost.WHEREFORE, PREMISES CONSIDERED, Plainti First National Bank of Omaha, prays for judgment against the Defendant(s), Keith L Humphrey, in the sum of $7,976.01, together with the costs of this action, and all other relief to which the Plaintiff may be entitled. First National Bank of Omaha, PLAINTIFF By: Gii.ciifders OBA #31963 (Nicholas R. Hood OBA #30590 Charlotte M.Stacy OBA #17348 Burton E. Stacy, |r, OBA #16895 HOOD & STACY, PAA. P.O. Box 271 Bentonville, AR 72712-0271 (479) 273-3377 collections@hoodandstacy.com 19-0005AQ eTOG Sea TT INTHE DISTRICT COURT OF CLEVELAND COBRIBELGM } 5 STATE OF OKLAHOMA FILED FIRST NATIONAL BANK OF OMAHA, ) MAY 31 2019 pane } Cout ar ARR WILLIAMS vs. ; CASE NO: CS-2019-1053 KEITH L HUMPHREY, ; DEFENDANT. } DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT ‘NOW COMES, Keith L Humphrey, defendant in the above styled and numbered action (“Defendant”), and files this Answer and Affirmative Defenses to First National Bank of Omaha's Plaintiff”) Petition and by way of such Answer, would respectfully show the Court as follows: ANSWER 1. Defendant admits the allegations in paragraph 1 of Plaintiff s Petition. 2, Defendant denies the allegations contained in paragraphs 2, 3, 4, 5, and 6 of Plaintiff's Petition and demands strict proof thereof by a preponderance of the evidence. Al IRMATE )EFENSES ‘Any allegation not expressly admitted above is hereby denied, Additionally, without admitting any of the allegations set forth in Plaintif's Complaint, Defendant raises the following Affirmative Defenses: 1. Plaintiff's action is barred by failure of consideration. 2, Plaintiff's Complaint is barred for failure to mitigate damages and its demand is attificially inflated by unnecessary interest, penalties, and attorney’s fees. (Our Ref, No. CC-8079749 fl3. Plaintiff's claims are barred by the applicable Statute of Limitations or Laches, 4. Plaintiff's Complaint fails to state a claim against Defendant upon which relief can be granted. 5. Plaintiff's action is barred by accord and satisfaction. 6. Plaintiff's action is barred by illegal or unenforceable contract. 7. Plaintiff's action is barred by unconscionabi 8. Plaintiff's action is barred by usury. 9, Plaintiff's action is barred by its arbitration clause. 10. Plaintiff's action is barred by lack of capacity 11, Plaintiff's action is barred by its failure to validate the debt. 12. Plaintiff's action is barred as this is not an action on an open account. 13. Plaintiff's action is barred by unjust enrichment. 14, Plaintiff's action is barred by payment. 15. Plaintiff's action is barred by unclean hands. 16. _ Plaintiff's action is barred by reason of its violations of Fair Debt Collection Practices ‘Act and other federal and state laws. 17, Plaintiff's action is barred by setoff. 18. Reservation and Non-Waiver - Defendant reserves the right to assert any other affirmative defenses and/or counterclaims that may arise during the course of discovery. WHEREFORE, Defendant prays that this Court, upon hearing hereof, enter judgment as follows: 1. Dismiss Plaintiff's Petition and any claim therein with prejudice; 2, Award Defendant reasonable costs and attorney's fee, incurred by reason of this action, pursuant to the statutes; and3. Award Defendant such other relief to which he/she shows to be justly entitled. Respectfully submitted, ie Bell OBA # 31816 katheryn@arieslawfirm.com Haley Simmoneau OBA #30253 haley@arieslawfirm.com Aries Law Firm PLLC 4401 NW 4" St. Suite 109 Oklahoma City, OK 73107 Tel: 405.316.8033 Fax: 405.217.0324 OF COUNSEL FOR: Law Offices of Robert S. Gitmeid & Associates PLLC 11 Broadway Street, Suite 960 New York, NY 10004 Tel: 212.226.5081 Facsimile: 212.208.2591 Attorneys for Defendant CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that on May 30, 2019, a true and correct copy of the foregoing was sent via Regular U.S. Mail to Plaintiff's Counsel at: Hood & Stacy P.A. PO BOX 271 Bentonville, AR 72712 Bley Som —sano 00 eo» —__UNNUUNEUND TOseS State oF CLEVELAND COUR FS.8, FILED INTHE DISTRICT COURT IN AND FOR CLEVELAND COUNTY aad cern onc 2019 KLAR ' In the office of Court Clerk MARILYN WiLuAMs Case No. CS-2019-1053 Judge: Seott Broclans First National Bank of Omaha Plaintiff, KEITH L HUMPHREY x Defendant(s). CONSENT JOURNAL ENTRY OF [UDGMENT Now on tis May of_ Sig 2018 hs coment te Corey arenes of the Parties, the Plaintiff by and through its attorneys, Hood & Stacy, PA, and the Defendant(s), having indicated their consent to entry ofthis Judgment by thelr signature at the conclusion hereof The Court finds the Defendant(s) having been served within the time and in the manner required by Okiahoma law or having walved such service and entered thelr appearance heretn, and the Court, considering the Petition of the Plaintiff and proof in support thereof and other things and matters before the Court, and being well and suficiently advised, finds and orders as follows: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that judgment is rendered for the Plaintif, and against the Defendant(s), Kelth L Humphrey, in the amount of $7,976.01 less any payments received, plus the costs ofthis action accrued to date and any and all future costs which may be ineured by plaintiff as result as Defendant's failure to make installment payments as proposed herein, ITIS FURTHER ORDERED, ADJUDGED AND DECREED, by agreement ofthe partes, that the Defendant(s) is to pay said judgment in installments of $75.00 a month beginning July 30, 2019 and continuing through June 30, 2020, changing to $391.00 on July 30, 2020, and SToerozreo1e 1020 en continuing on or before the 30th of each month thereafter until the settlement balance of $5,584.00 is paid. So long as the Defendant(s) makes said installments in a timely manner the Plaintiff will be restrained from éxecution on the judgment ITISSO ORDERED. Court Judge H ‘OBA ¥31963 icholas R. (OBA #30590 Cichariotte M.Sracy OBA #17348 HOOD &STACY, PA. P.0.Bax 271 Bentonville, AR 72712-0271 (479)273-3377 : collections@hoodandstacy.cora ‘Attorney for Plaintiff First National Bank of L HUMPHREY ‘3308 QUIDNET RD NORMAN OK 73071 Defendant Hal De 4401 NW 4TH ST SUITE 109 OKLAHOMA CITY, OK 73107 Attomey for Defendant 19-0005, 0041004STA; Cleve OF OK IN THE DISTRICT CO’ LAND COUNTY STATE OF 8. First National Bank of Omaha mee 2019) ) Plait, ) V. Courter Clerk man mance sort Case No. CS-2019-1053 KEITH L HUMPHREY Wt Uams Defendant(s). ) (CERTIFICATE OF MAILING JOURNAL ENTRY Pursuant to Okla, stat. 12, §§ 696.2(B), 696.3(D) & 2005(A)(2) (2012), I hereby certify that I have served a true and correct copy of the Journal Entry of Judgment (whether entered by summary, default, or agreement), filed by this Court on or about September 6, 2019, to the below named individuals by placing a copy of same in the United States Mail, postage paid, this 1 day of OK _, mo. By: CJodi H. Childers/\ OBA #31963 ‘Nicholas R. Hi ‘OBA #30590 ‘Ci Charlotte M. St OBA #17348 HOOD & STACY, P.A. P.O. BOX 271 Bentonville, AR 72712 (479) 273-3377, fax (479) 273-3419 collections@hoodandstacy.com Via USPS Haley Simmoneau 2000 N Classen Blvd, Ste N10 Oklahoma City, OK 73107 Attomey for Defendant Q19-0005 Oe