Complaint,Petition: ELITE TURBINE MAINTENANCE, LLC vs. PNC BANK, NATIONAL ASSOCIATION

On April 15, 2024 a Complaint,Petition was filed involving a dispute between Elite Turbine Maintenance, Llc, and Pnc Bank, National Association, for CNTR CNSMR COM DEBT in the District Court of Dallas County.

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FILED
4/15/2024 2:10 PM
1 CIT/ ES FELICIA PITRE
DISTRICT CLERK
JURY DEMAND DALLAS CO., TEXAS
DC-24-05517 Dominique Gadberry DEPUTY
CAUSE NO. ______________

ELITE TURBINE MAINTENANCE, LLC § IN THE DISTRICT COURT
§
Plaintiff, §
vs. § 68th
§ _______ JUDICIAL DISTRICT
PNC BANK, NATIONAL ASSOCIATION §
§
Defendant. § DALLAS COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes Elite Turbine Maintenance, LLC (“Plaintiff”), complaining of PNC Bank,

National Association (“Defendant”) and for cause of action would respectfully show unto the

Court the following:

CLAIM FOR RELIEF AND DISCOVERY PLAN

1. Plaintiff is seeking monetary relief of less than $250,000.00.

2. This case is a Suit involving less than $250,000.00 and is therefore governed under

a Level Two (1) Discovery Control Plan pursuant to Rule 190.3 of the Texas Rules of Civil

Procedure.

II.

PARTIES

3. Plaintiff is a limited liability company doing business in Dallas, Dallas County,

Texas.

4. Defendant is a National Association and may be serviced with process by serving

its registered agent, Corporation Service Company d/b/a CSC-Lawyers Incorporating Services

Company, 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218.

PLAINTIFF’S ORIGINAL PETITION – Page 1

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III.

JURISDICTION AND VENUE

5. Plaintiff is a customer of Defendant. This suit arises from Defendant’s failure to

reimburse Plaintiff regarding a check it paid whereby the Payee of the check had been clearly

altered without Plaintiff’s permission.

6. Defendant conducts business throughout the State of Texas including Dallas

County, which is where Plaintiff conducts its business.

IV.

SUMMARY

7. This suit is based on Defendant’s failure to reimburse Plaintiff for having paid a

check in the amount of $66,239.20 whereby the Payee of the check had been altered. And though

Defendant refunded $57,486.99 but fails to refund $8,752.21.

8. Plaintiff seeks damages for negligence, breach of contract, violations under Section

4.401 and 4.406 of the Texas Business Commerce Code (“BDD”) and Declaratory Relief under

Section 37.001 et. seq. of the Texas Civil Practice & Remedies Code.

FACTS

9. A counterfeit Check Number 12279 dated October 4, 2023, in the amount of

$66,239.20, (“Check”) was drawn from the Elite account number ending 4859 on Friday, October

20, 2023. A copy of the Check is attached hereto as Exhibit “A” for all purposes.

10. The Check was shown as pending on Friday, October 20, 2023, with no image of

the check. The Check was shown as posted on Monday, October 23, 2023, and upon review of the

image, Glenn Thompson, Controller of Elite, notified Defendant that the Check had been forged.

The image of the check clearly showed that Payee was changed from being made payable to a

PLAINTIFF’S ORIGINAL PETITION – Page 2

1640449.1
company to an individual. This alteration was very apparent to the naked eye and yet, Defendant

failed to not only notice this alteration but failed to timely act on such notification and instead,

allowed the check to be drawn on Elite’s account.

11. Defendant had ten (10) business days to investigate this alteration and wholly failed

to do so. Ultimately, after contacting the payee bank, the payee bank returned $57,486.99.

Defendant in turn remitted said funds back to Elite leaving an amount of $8,752.21 due and owing.

12. Defendant then sent a letter back to Mr. Thompson, dated February 15, 2024, a

copy of which is attached hereto for all purposes, stating “[w]hile we sympathize with you in this

situation, PNC has determined that it is not responsible for the amount that was not recovered,

(“Loss”), and has completed its review of this Fraud Claim.”

13. Attached hereto as Exhibit “B” for all purposes is a letter to Defendant dated

February 20, 2024, demanding a refund of $8,752.21. Attached hereto as Exhibit “C” for all

purposes is Defendant’s response dated March 20, 2020. At no time did Defendant give a reason

why it could not refund the $8,752.21 due and owing Plaintiff and instead took the position that it

took appropriate steps, without stating the appropriate steps it took, and declined to remit

$8,752.21. Attached hereto as Exhibit “D” for all purposes is letter dated April 11, 2024, from the

undersigned again making demand to pay back the $8,752.21.

14. The facts clearly show that Check No. 12279 should have never been honored,

especially since Defendant was notified of the forgery immediately upon being posted. Simply

recovering funds from the depository bank was not sufficient. The entire amount should have been

refunded.

PLAINTIFF’S ORIGINAL PETITION – Page 3

1640449.1
VI.

A. FIRST CAUSE OF: NEGLIGENCE

15. Plaintiff reasserts and incorporates herein by reference for all purposes the

allegations contained in paragraphs 1 through 14 above.

16. Defendant was negligent for a number of reasons. First, Plaintiff notified

Defendant of the forged check immediately upon being posted with the image showing the forged

payee. Defendant failed to take immediate action to stop payment on the Check. Second, a simple

review of the Check would have shown it had been altered. Third, at no time did or has Defendant

provided Plaintiff with a reason why it is refusing to refund the $8,752.71 and instead generally

stated after investing the matter, it was not negligent.

17. By virtue of its relationship with Plaintiff, Defendant owed Plaintiff a duty of care

to not only stop payment on the forged check, but it also owed a duty of care to refund the

$8,752.71 back to Plaintiff after it failed to stop payment on a check that had been clearly altered.

18. As a direct and proximate cause of Defendant’s actions and failure to provide

ordinary care and diligence for the benefit of Plaintiff as described above, Plaintiff suffered

damages in the amount of no less than $8,752.71.

19. Consequently, Plaintiff seeks damages in a sum in excess of $8,752.71.

B. SECOND CAUSE OF: SECTIONS 4.101 AND 4.06
OF THE TEXAS BUSINESS & COMMERCE CODE

20. Plaintiff reasserts and incorporates herein by reference for all purposes the

allegations contained in paragraphs 1 through 19 above.

21. Section 4-401 of the UCC provides that a bank can only charge those items which

are “properly payable,” which means that the charge was fully authorized by the person who wrote

the check. Accordingly, when the bank pays on a charge against a customer’s account based on a

fraudulently altered and/or forged check, the charge cannot be properly payable.
PLAINTIFF’S ORIGINAL PETITION – Page 4

1640449.1
22. UCC Section 4-406 places a duty on the account holder to discover and notify of a

forgery or alteration. The UCC mandates that pursuant to this duty, an account holder must

exercise reasonable promptness in discovering and reporting the unauthorized charge but does not

define what is reasonable promptness.

23. Here, the facts are clear, that the Check was dated October 4, 2023, it was shown

as pending on October 20, 2023, and on or about Monday, October 23, 2023, it was shown as

posted with the image available for Defendant’s review. It was then that Defendant was notified

by Glenn Thompson, Controller of Elite of the forgery. So, to be clear, Plaintiff notified Defendant

of the forged check before even receiving a bank statement.

24. As a direct and proximate cause of Defendant’s actions and failure to exercise the

care prescribed by Sections 4.401 and 4.406 of the Texas Business & Commerce Code as described

above, Plaintiff suffered damages in the amount of no less than $8,752.71.

25. Consequently, Plaintiff seeks damages in a sum in excess of $8,752.71.

C. THIRD CAUSE OF: BREACH OF CONTRACT

26. Plaintiff reasserts and incorporates herein by reference for all purposes the

allegations contained in paragraphs 1 through 25 above.

27. Attached hereto for all purposes are Exhibits “E” and “F” are BBVA Compass

Resolution dated October 16, 2007, and November 21, 2017, contractual relationship existed

between Plaintiff and Defendant. Sometime after November 21, 2017, Defendant became the

successor of Compass Bank through an acquisition. In summary, Exhibit E authorized Compass

Bank to pay checks as authorized by Dale Griffin, III or John T. Jury. In this regard, neither Dale

Griffin, III nor John T. Jury authorized the payment of the Check to Aureliano Velasquez. Exhibit

F gives Compass Bank, and now Defendant the authority to honor checks made in payment of its

PLAINTIFF’S ORIGINAL PETITION – Page 5

1640449.1
obligations as Dale Griffin, as the owner, deems appropriate. Again, Dale Griffin did not authorize

a payment to Aureliano Velasquez.

28. Defendant breached its contract with Plaintiff by paying the forged check.

29. As a direct and proximate cause of Defendant’s actions as described above, Plaintiff

suffered damages in the amount of no less than $8,752.71.

30. Consequently, Plaintiff seeks damages in a sum in excess of $8,752.71.

D. FOURTH CAUSE OF: DECLARATORY JUDGMENT

31. Plaintiff reasserts and incorporates herein by reference for all purposes the

allegations contained in paragraphs 1 through 30 above.

32. Actual controversies exist between Plaintiff and Defendant regarding the above

allegations. Accordingly, pursuant to Texas Civil Practice & Remedies Code § 37.001 et seq.,

and additionally and especially under § 37.004, Plaintiff seeks a declaration of the rights, status,

and other legal relations between and among Plaintiff and Defendant under the above-actions,

duties, and applicable law.

33. Specifically, Plaintiff seeks, additionally and alternatively, the following

declarations and orders:

a. The Check clearly showed that it had been forged as the identity of the real

payee had been removed.

b. Plaintiff exercised reasonable care and promptness in notifying Defendant of

the Check being forged while it showed as being pending on October 20, 2023.

c. Defendant should have stopped payment of the forged Check when it was

notified of the forgery, on Monday, October 23, 2023.

d. Defendant failed to exercise reasonable care in stopping payment on the Check.

PLAINTIFF’S ORIGINAL PETITION – Page 6

1640449.1
e. Defendant was not within its rights and duties in refusing to pay Plaintiff

$8,752.71.

E. FIFTH CAUSE OF ACTION: EXEMPLARY DAMAGES

34. Plaintiff reasserts and incorporates herein by reference for all purposes the

allegations contained in paragraphs 1 through 33 above.

35. Plaintiff is entitled to exemplary damages from Defendant because it acted with the

malice required to support an award of exemplary damages. Defendant acted with a specific intent

to cause injury to Plaintiff or conscious indifference to the rights, safety, or welfare of Plaintiff

with actual, subjective awareness that Defendant’s conduct involved an extreme degree of risk of

harm to Plaintiff. In particular, at no time did Defendant ever provide a basis for refusing to

reimburse Plaintiff $8,752.71 after Plaintiff provided notice that such check had been forged.

Defendant knew full well that it had been negligent, in honoring the Check at the time, it refused

to reimburse Plaintiff the $8,752.71 after receiving demand for such reimburse. Instead of taking

the right course of action, Defendant chose to “stonewall” Plaintiff forcing Plaintiff to file this

lawsuit. The alternative would have been for Plaintiff to walk away and take a loss of $8,752.71.

Bottom line, Defendant’s actions show it simply did not care and in doing so, showed a conscious

indifference to the rights of Plaintiff.

F. FOURTH CAUSE OF ACTION: ATTORNEYS’ FEES AND PRE AND POST
JUDGMENT INTEREST

36. Plaintiff reasserts and incorporates herein by reference for all purposes the

allegations contained in paragraphs 1 through 35 above.

37. Plaintiff would show that by virtue of Defendant’s conduct as referenced above,

and by virtue of Sections 37.001 et. seq. and 38.001 et. seq. of the Texas Civil Practice and

Remedies Code, Plaintiff is entitled to an award of attorneys’ fees.

PLAINTIFF’S ORIGINAL PETITION – Page 7

1640449.1
38. In this regard, Plaintiff has found it necessary to employ the law firm of Cowles &

Thompson, P.C. to prosecute this suit. As part of this agreement with said attorneys, Plaintiff has

agreed to pay said attorneys reasonable and necessary attorneys' fees for prosecuting this suit, for

which Plaintiff hereby sues and seeks recovery against Defendant in the following amounts:

approximately $50,000.00 for preparation and trial, $35,000.00 for an appeal to the Court of

Appeals, $35,000.00 for making or responding to an application for writ of error to the Supreme

Court of Texas, $35,000.00 if an application for a writ of error is granted by the Supreme Court of

Texas.

39. Plaintiff will further show that it is entitled pursuant to applicable Texas law, to

pre-judgment and post-judgment interest at the highest rates allowed by law for which Plaintiff

hereby sues and requests judgment of this Court against Defendant. Plaintiff will show that it is

entitled to the recovery of all costs of Court and expenses herein and sues herein for same.

G. FIFTH CAUSE OF ACTION: ALTERNATIVE PLEADINGS

40. Pleading further, paragraphs 1 – 39 are incorporated herein by reference.

41. Plaintiff would show that to the extent that any relief sought, or cause of actions

asserted herein is inconsistent with any other relief or cause of action asserted or sought herein,

Plaintiff hereby reasserts same in the alternative.

VII

JURY DEMAND

42. Plaintiff demands a trial by jury on all of the claims asserted herein.

VIII

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that it

obtains judgment against Defendant as requested above, including the following:

PLAINTIFF’S ORIGINAL PETITION – Page 8

1640449.1
(1) Plaintiff be awarded the actual, consequential, special damages and general

requested above against Defendant;

(2) Plaintiff obtain the declaratory and equitable and orders requested above,

including the declarations and specific performance, as set out above;

(3) Plaintiff recover the exemplary and punitive damages against Defendant

requested above, without limitations in an amount to be determined including costs;

(4) Plaintiff recover reasonable attorneys’ fees;

(5) Plaintiff recover prejudgment and post judgment interest at the highest legal rate

at law or in equity; and

(5) Plaintiff be awarded such other and further relief, general or special, at law or in

equity to which it may be justly entitled

Respectfully submitted,

By: __________________________________
WILLIAM L. SIEGEL
Texas Bar No. 18342480

COWLES & THOMPSON, P.C.
901 Main Street, Suite 3900
Dallas, TX 75202
(214) 672-2000 (Tel)
(214) 672-2326 (Fax)
E-mail: bsiegel@cowlesthompson.com

ATTORNEYS FOR PLAINTIFF

PLAINTIFF’S ORIGINAL PETITION – Page 9

1640449.1
2/20/24, 3:11 PM imageWindow

View Image:
ITEM DETAILS IMAGE FRONT

ACCOUNT NUMBER Elite Turbine Maintenance LLC
4S54 Caire Chennault
PNCllANK
1227�
Addison, 1X 7.5001
X4859 972-735-8347 70-2189/7,.19

10/4/2023
ACCOUNT
PAYTOTI-IE Aur_e_a
II _no_e_a
V I _sq
ETM Checking x485 ORDER OF __ __________________ $"66,239.20
u_ez
-=--

9
Aurel!ano Velasquez
AMOUNT 800 Lakeside Circle Apt 1134
Lewisville, TX 75057
$66,239.20
TRANSACTION DATE

10/20/2023
TRANSACTION TYPE

Checks Paid
IMAGE BACK
REFERENCE NUMBER

00000012279
REFERENCE DETAIL

CHECK 12279 0111
54629

.- .

https://www.treasury.pncbank.com/TSCIODWeb/readonlylOD.ht 1/1
William L. Siegel
Tel: 214-672-2126
Fax: 214-672-2326
bsiegel@cowlesthompson.com

February 20, 2024

VIA EMAIL michael.oliva@pnc.com
AND CERTIFIED MAIL NO. 7022 3330 0001 8920 6255

Michael Oliva
Vice President Commercial Banking
PNC Bank, National Association
200 Crescent Ct. 8th floor
Dallas, TX 75201

VIA CERTIFIED MAIL NO. 7022 3330 0001 8920 6262

PNC Bank, National Association
Attn: Corporation Service Company
d/b/a CSC-Lawyers Incorporating Services Company, Registered Agent
211 E. 7th Street, Suite 620
Austin, Texas 78701-3218

VIA CERTIFIED MAIL NO. 7022 3330 0001 8920 6279

PNC Bank, National Association
Attn: Carol A. Sarnowski, Registered Agent
One PNC Plaza, 21st Floor,
249 Fifth Avenue
Pittsburg, Pennsylvania 15222-2707

VIA CERTIFIED MAIL NO. 7021 2720 0000 3781 1030

PNC Bank, National Association
Attn: Kieran J. Fallon, Chief Risk Officer
300 Fifth Avenue
Pittsburg, Pennsylvania 15222-2401

1638533.1
B
February 21, 2024
Page 2

VIA CERTIFIED MAIL NO. 7021 2720 0000 3781 1054

PNC Bank, National Association
Attn: William s. Demchak, Director
300 Fifth Avenue
Pittsburg, Pennsylvania 15222-2401

Re: Fraud Claim - Check # 12279

Dear Gentleman and Ms. Sarnowski:

Please be advised that the undersigned represents Elite Turbine Maintenance, LLC (“Elite”) in
reference to the above matter and is in response to your letter to Glenn Thompson, of Elite dated
February 15, 2024.

As you are well aware, counterfeit check number 12279, dated October 4, 2023, in the amount of
$66,239.20, (“Check”) was drawn from the Elite account number ending 4859 on Friday, October
20, 2023. PNC Bank (“PNC”) was notified by Glenn Thompson on or about Monday, October
23, 2023 as the check image became available for review. The image of the check clearly showed
that payee was changed from being made payable to a company to an individual. To be clear, this
alteration was very apparent to the naked eye and yet, PNC failed to not only notice this alteration
but failed to timely act on such notification and instead, allowed the check to be drawn on the
account.

As you well know, PNC Bank had ten (10) business days to investigate the issues and wholly
failed to do so. Ultimately after contacting the payee bank, eventually the payee bank returned
$57,486.99. PNC in turn remitted said funds back to Elite leaving an amount of $8,752.21 due
and owing. As you are further aware, unless PNC Bank can show that Elite was negligent, the
remainder of said funds should be remitted back to Elite.

The facts clearly show that under no circumstances was Elite negligent nor has PNC alleged any
negligence. Instead, per your letter, PNC has simply taken that “we sympathize with you in this
situation, PNC has determined that it is not responsible for the amount that was not recovered,
(“Loss”), and has completed its review of this Fraud Claim.” The facts clearly show that the Check
No. 12279 should have never been honored especially since it was notified of the forgery while
the check was shown as being pending.

Demand is hereby made on PNC to remit the $8,752.21 back to Elite. Otherwise, if PNC refuses
to remit the $8,752.21 back to Elite within the next ten (10), days, Elite will have no alternative
but to file a claim with the Texas Department of Banking as well as the Office of Texas Attorney
General.

To ensure you receive this letter, a copy is also being sent via certified mail.

1638533.1
February 21, 2024
Page 3

Your prompt attention to this matter is appreciated. I look forward to hearing from you.

Very truly yours

William L. Siegel

1638533.1
C
William L. Siegel
Tel: 214-672-2126
Fax: 214-672-2326
bsiegel@cowlesthompson.com

April 11, 2024

VIA EMAIL michael.oliva@pnc.com
AND CERTIFIED MAIL NO. 7021 2720 0000 3781 1061

Michael Oliva
Vice President Commercial Banking
PNC Bank, National Association
200 Crescent Ct. 8th floor
Dallas, TX 75201

VIA CERTIFIED MAIL NO. 7021 2720 0000 3781 1078

PNC Bank, National Association
Attn: Corporation Service Company
d/b/a CSC-Lawyers Incorporating Services Company, Registered Agent
211 E. 7th Street, Suite 620
Austin, TX 78701-3218

VIA CERTIFIED MAIL NO. 7021 2720 0000 3781 1085

PNC Bank, National Association
Attn: Carol A. Sarnowski, Registered Agent
One PNC Plaza, 21st Floor,
249 Fifth Avenue
Pittsburg, PA 15222-2707

VIA CERTIFIED MAIL NO. 7021 2720 0000 3781 1092

PNC Bank, National Association
Attn: Kieran J. Fallon, Chief Risk Officer
300 Fifth Avenue
Pittsburg, PA 15222-2401

D
1640442.1
April 11, 2024
Page 2

VIA CERTIFIED MAIL NO. 7021 2720 0000 3781 1108

PNC Bank, National Association
Attn: William s. Demchak, Director
300 Fifth Avenue
Pittsburg, PA 15222-2401

Re: Fraud Claim - Check # 12279
PNC Reference Number 224058456831

Dear Gentleman and Ms. Sarnowski:

This letter is a follow up to the letter I sent to you on February 20, 2024 on behalf of Elite Turbine
Maintenance, LLC (“Elite”), a copy of which is attached to this letter. Further, this letter is in
response to the letter I received from “Kendra M” i.e., Kendra McDonald, dated March 20, 2024.

As a condition precedent to seeking attorneys’ fees, demand is hereby made on PNC to remit the
$8,752.21 back to Elite. Otherwise, if PNC refuses to remit the $8,752.21 back to Elite and since
thirty (30) days has already transpired from February 20, 2024, in addition to notifying the Texas
Department of Banking, and the Office of Texas Attorney General, Elite will be filing suit where
in addition to seeking the $8,752.21, Elite intends to seek reimbursement of its costs and attorneys’
fees pursuant to Section 38.001 et. seq. and 37.001 et. seq. of The Texas Civil Practice and
Remedies Code.

To ensure you receive this letter, a copy is also being sent via certified mail.

Your prompt attention to this matter is appreciated. I look forward to hearing from you.

Very truly yours

William L. Siegel

1640442.1
William L. Siegel
Tel: 214-672-2126
Fax: 214-672-2326
bsiegel@cowlesthompson.com

February 20, 2024

VIA EMAIL michael.oliva@pnc.com
AND CERTIFIED MAIL NO. 7022 3330 0001 8920 6255

Michael Oliva
Vice President Commercial Banking
PNC Bank, National Association
200 Crescent Ct. 8th floor
Dallas, TX 75201

VIA CERTIFIED MAIL NO. 7022 3330 0001 8920 6262

PNC Bank, National Association
Attn: Corporation Service Company
d/b/a CSC-Lawyers Incorporating Services Company, Registered Agent
211 E. 7th Street, Suite 620
Austin, Texas 78701-3218

VIA CERTIFIED MAIL NO. 7022 3330 0001 8920 6279

PNC Bank, National Association
Attn: Carol A. Sarnowski, Registered Agent
One PNC Plaza, 21st Floor,
249 Fifth Avenue
Pittsburg, Pennsylvania 15222-2707

VIA CERTIFIED MAIL NO. 7021 2720 0000 3781 1030

PNC Bank, National Association
Attn: Kieran J. Fallon, Chief Risk Officer
300 Fifth Avenue
Pittsburg, Pennsylvania 15222-2401

1638533.1
February 21, 2024
Page 2

VIA CERTIFIED MAIL NO. 7021 2720 0000 3781 1054

PNC Bank, National Association
Attn: William s. Demchak, Director
300 Fifth Avenue
Pittsburg, Pennsylvania 15222-2401

Re: Fraud Claim - Check # 12279

Dear Gentleman and Ms. Sarnowski:

To ensure you receive this letter, a copy is also being sent via certified mail.

1638533.1
February 21, 2024
Page 3

Your prompt attention to this matter is appreciated. I look forward to hearing from you.

Very truly yours

William L. Siegel

1638533.1
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Unnk1t111: l~l lo lncludo oddltlonol Bnnk oocol!illl for wl,lch this lndlvld11el I,• ,lgnalo,y •• Onlln, Acco11111, wl1hln tho
Busln"as· sutJscrlpllan to Onl1no B:rnk1ng; nt1cl t4 to mn'ko i1,aws on t!l'ICh IC~I\ lino Qf .:::odit. nnd ~to,tlil e~r(! oo:ovn!
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olhmWJim, imd rog:ilrdlu1lli ~, Whijttun lh'1 AlllhOdlr.ttl Ruprn,M:!1Uollvu 11. a ,l;rmlbry on thnl Onllnu /\t:counl:

Authorized Rcpre5C11t8llve: 1IPbO t Juryand Kr/s Folllck and A. Dale Griffin III
M!scellaneous
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~ Compass Bank 13748799

LIMITED LIABILITY COMPANY (L.L.C.) RESOLUTIONS

By ELITE TURBINE MAINTENANCE, LLC
a _ _ _ _ _ _ _ _ _ _ _ _ _ _ Limited Liability Company

4502 CLAIRE CHENNAULT ST

(Address)
ADDISON TX 75001-5321
(City, State and Zip Code)

A. I, A, Dale Griff in certify that I am owner of the above-named limited
liability company organized under the laws of the State of - - - - - - - - ~ Federal Tex I.D. Number_2"-0'-·-"-3-"-9•5""5-"-0-"-3...t _ _ _ _ _ _ _,
engaged in business under the trade name of ELITE TURBINE MAINTENANCE, LLC ~ , and that
the following is a correct copy of resolutions adopted at a duly and properly called meeting held on September 2 0 . ~ , of
all members of this limited liability company (hereinafter referred to as "Members") or the persons designated by the Members of this limited
liability company to menage the limited liability company as provided in the organizational documents and agreements of this limited liability
company (hereinafter referred to as "Managers"!.

These resolutions appear in the minutes of that meeting and have not been rescinded or modified.
B. Be It Resolved That:

ll) Compass Bank, a bank organized under the laws of the State of _ _T_e_x_a_s_________ ("Compass Bank"I, is designated as
depository for the funds of this limited liability company.

(2) This resolution shall continue to have effect until express written notice of its rescission or modification has been received and
acknowledged in writing by Compass Bank.

(31 All transactions, if any, with respect to any deposits, withdrawals, discounts, rediscounts, and borrowing by or on behalf of and/or in
the name of this limited liability company with Compass Bank and/or its affiliates prior to the adoption of this resolution are hereby ratified,
approved, and confirmed.

141 Any of the persons named below are authorized to make, execute and deliver any and all contracts, agreements, instruments,
stipulations, deposits, orders and withdrawals for end as the act of this limited liability company which any of the persons named below may
deem advisable for the effective exercise of the powers indicated below from time to time with Compass Bank and/or its affiliates concerning
funds on deposit at Compass Bank, money borrowed from Compass Bank and/or its affiliates, any other products or services offered by
Compass Bank and/or its affiliates or any other business transacted by and between this limited liability company and Compass Bank and/or its
affiliates subject to any restrictions stated below, all on such terms end conditions es the persons named below shall deem appropriate.

(5) Any and ell prior resolutions adopted by the Members or Managers of this limited liability company, as the case may be, and delivered to
Compass Bank as governing the operation of this limited liability company's eccountls), are in full force and effect, as supplemented or
modified by this authorization.

(6) This limited liability company agrees to the terms end conditions of any agreements relating to any accounts opened by any of the
authorized persons set forth below for this limited liability company and authorizes Compass Bank, at any time, to honor and charge this
limited liability company for all checks, drafts, or other items or orders for the payment of money that are drawn by or in the name of this
limited liability company on Compass Bank, regardless of by whom or by what means, including facsimile or other signature(s) that may have
been affixed to any such checks, drafts or other orders, so long as they resemble the facsimile or other signature specimens set forth below
(or the facsimile or other signature specimens that this limited liability company has provided Compass Bank from time to time). whether
drawn to or in favor of any of the undersigned or otherwise or whether tendered or otherwise made in payment of individual obligations of any
of the undersigned or otherwise.

F
Data Entry (Bagi

Form #9 9/1 2-1983 Side A {9/981 (JetForm - C1 21983) ..... AL/AZ/CO/FL/NE/NM/TX
(7) As indicated, any person listed (subject to any expressed restrictions set forth below) is authorized for and as the act of this limited
liability company to:
Facsimile Signature
Names and Title (if used)

(a) A DALE GRIFFIN Ill

SIGNER

(b) JEFF LOADMAN

SIGNER

INDICATE a, b, c, and/or d:

_ _ _ _m
____.__.fl~.-w',Bt-(,=- Exercise all of the powers listed in (iii through (v).
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _(ii) Open and maintain any deposit or checking account(s) with Compass Bank and/or obtain any

Case Info

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HOFFMAN, MARTIN Track Judge’s New Case

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Document Filed Date

April 15, 2024

Case Filing Date

April 15, 2024

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Complaint,Petition: ELITE TURBINE MAINTENANCE, LLC vs. PNC BANK, NATIONAL ASSOCIATION

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