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Filed 4/9/2019 4:57 PM

Alison Dotson
District Clerk
bill@wallertec.com Bill Waller, 11652 CR 2210, Tyler, TX 75707 (903) 253-5555
Cherokee County, Texas

Kim West

April 9, 2019

Alison Dotson
Cherokee County District Clerk
135 South Main St. #2
Rusk, TX 75785
Re: First Amended Petition Cause No. 2019-01-0048

Dear Mrs. Dotson,

Please accept my First Amended Petition for filing in Cause No. 2019-01-0048.

Thank you for your kind attention to this matter.

If you have questions, you may contact me anytime on my cell phone or by email.

Yours sincerely,

/s/ William D. Waller, Jr.

Bill Waller
CAUSE NO. 2019010048

WILLIAM D. WALLER, JR §
Plaintiff § IN THE DISTRICT COURT
§
v. §
§ 2ND JUDICIAL DISTRICT
SUSAN J. WALLER, §
DOROTHY REID WALLER, AND §
WALLER MEDIA, LLC § OF CHEROKEE COUNTY, TEXAS
Defendants §
§

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff William D. Waller Jr. submits this First Amended Original Petition,
complaining of Defendants Waller Media, LLC, Susan Waller, and Dorothy Reid Waller
and alleges as follows:

A. DISCOVERY CONTROL PLAN

1. Plaintiff intends to conduct discovery under Level 1 of the Texas Rules of Civil
Procedure 190.2 and affirmatively pleads that this suit is governed by the expedited-
actions process in Texas Rule of Civil Procedure 169.

B. RELIEF

2. Plaintiff seeks only monetary relief of $100,000 or less including damages of any kind,
penalties, court costs, expenses, prejudgment interest, and attorney fees.

C. PARTIES

3. Plaintiff, William D. Waller, Jr. (Bill Waller) - Mr. Waller is an individual residing in
Smith County, Texas. Plaintiff may be served at 11652 CR 2210, Tyler, Texas 75707.

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 1 of 9


4. Defendant, Susan (Susan) Waller - Ms. Waller is an individual residing in Cherokee
County Texas. Ms. Waller may be served where she resides at 1228 Canada St.,
Jacksonville, Texas 75766.

5. Defendant, Dorothy Reid Waller - Mrs. Waller is an individual residing in Cherokee


County, Texas. Mrs. Waller may be served where she resides at 1228 Canada St.,
Jacksonville, Texas 75766.

6. Texas Limited Liability Company Defendant, Waller Media, LLC. is a Limited


Liability Company. Waller Media, LLC is duly organized under the laws of the State of
Texas. Waller Media, LLC is registered and in good standing with the Texas Secretary
of State, Taxpayer number 17528833019. Filing number 707000222 lists Dorothy
Waller as the President, it’s principal office, and principal place of business are located
at 1228 Canada ST, Jacksonville, TX 75766. Waller Media may be served with process
through its registered agent, Susan Waller at its registered address, 402 South
Ragsdale, St., Jacksonville, Texas 75766.

D. FACTS

7. Dudley and Dorothy Waller owned Waller Media until Dudley’s death on May 29,
2016, at which time, Dorothy Waller became the sole owner. In the time pertinent to
this lawsuit, neither Dorothy Waller nor Dudley Waller took an active role in the
operations of Waller Media although Dudley Waller did occasionally appear at the
Waller Media Offices to visit with Bill Waller or the Business Manager, Chrispin
Chifwepa.

8. In connection with the acts described below, Defendant Dorothy Reid Waller was
acting within the course and scope of her position as owner and President of Waller
Media, LLC. On July 20, 2016, Dorothy Waller executed a durable general power of
attorney designating Susan Waller as her attorney-in-fact and legally giving Susan
control of Dorothy’s assets including Waller Media. Dorothy Waller has no way of
knowing anything about the open account except that the Plaintiff made her aware of
it on several occasions.

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 2 of 9


9. In connection with the acts described below, Defendant Susan Waller was acting
within the course and scope of her employment with Waller Media, LLC, and/or as an
agent of Waller Media, LLC’s owner, Dorothy Waller. Susan Waller was paid a salary
by Waller Media, but took no responsibilities for Waller Media, did not work for Waller
Media, and did not participate in the operations of Waller Media. Susan Waller has no
way of knowing anything about the open account except that the Plaintiff made her
aware of it on several occasions.

10. As Chief Engineer and IT Manager, the Plaintiff had responsibility for maintaining
four transmitting sites, two master control rooms, two studios, four air chains
including studio-to-transmitter links, an IT network with more than 50 nodes, 80
acres of land at the tower sites. All four transmitters had towers ranging from 500-feet
to 700-feet, so lightning damage to tower lighting and transmitters was a regular
occurrence. The transmitters were located in remote rural areas, so power outages
were common and generators a necessity. The 75 kva generator at KLJT could require
50-gallons of diesel fuel per day which Plaintiff supplied and delivered in 50-gallon
drums. The four transmitter sites were spread out over a 90-mile range and required
constant attention, so the Plaintiff often had to drive hundreds of miles per week
paying for gas and vehicle maintenance out-of-pocket. Each site relied on hundreds of
sensitive electronic components, and any point of failure could take a radio station off
air resulting in spoilage of inventory. It was the Plaintiff’s job to keep the radio
stations on-air, and whenever there was a problem, it was the Plaintiff’s responsibility
to get the radio stations back on the air with dispatch. The open account which the
Plaintiff maintained for Waller Media, LLC provided a means for Waller Media, LLC
to acquire goods, services, and merchandise necessary to sustain continuous signal
delivery.

11. The Plaintiff purchased air conditioner filters, insecticide, herbicides, building
materials to maintain transmitter buildings, automotive parts for generator engines,
trash bags, trash cans, cleaning supplies, door locks, and anything else that might be
necessary to maintain the physical sites and sustain continuous delivery of product
and provided those items to Waller Media, LLC. The need for goods and services
including maintenance, repair, parts, materials, travel, and other items of value, due
to the nature of Plaintiff’s responsibilities occurred often, and the goods and services
PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 3 of 9
were immediately critical to the ongoing operations of Waller Media, LLC. There was
no other mechanism in place to secure said goods and services on a timely basis
precipitating the need for an open account which the Plaintiff provided. Waller Media,
LLC accepted the goods and services and the Plaintiff provided those goods and
services for which the Plaintiff systematically maintained a record of transactions.

12. Waller Media had three company vehicles, two of which were used for station remotes
and the engineering truck which was used to travel between the transmitter sites.
There was no company credit card, so the Plaintiff often provided gasoline for those
vehicles on open account and maintained a systematic record of these charges.

13. From the time the Plaintiff started working for Waller Media, the profitability of radio
stations declined sharply, due in no small part to competition from the internet. For
example, the radio stations Dudley Waller sold in 2005 for $26 million, were sold to
Alpha Media in 2015 for about $6 million. They had lost 77% of their value. Even the
nations two largest radio conglomerates couldn’t escape the industry downturn.
Cumulus Media with 445 radio stations filed for Chapter 11 in November of 2017 and
iHeart Radio with 858 radio stations filed for Chapter 11 in March of 2018. That is to
say, Waller Media’s financial challenges were not due to any fault of the Waller Media
staff or the Plaintiff. It was because of the resulting cash shortages that it became
necessary for the plaintiff to provide goods, services, and merchandise to Waller Media
on open account. Without the open account providing goods, services, and merchandise
to Waller Media, critical functions of the company would have been interrupted.

14. As a result of industry-wide declining revenue, Waller Media naturally incurred cash
shortages just like most other radio stations. Because of the cash shortages, Waller
Media implemented essentials first cash management strategy in which we prioritized
cash disbursements to assure continuity of the signals, without which all revenue
would halt. The Plaintiff paid for parts, equipment, gasoline, telephone bills, and
various critical expenses whenever the company didn’t have sufficient cash. The open
account maintained by the plaintiff for Waller Media, LLC allowed continuity of
operations for Waller Media, LLC which would have otherwise been interrupted.

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 4 of 9


15. On August 1, 2016, Susan Waller took over Waller Media and fired all eighteen
employees including the Plaintiff. Susan Waller confiscated all of the Plaintiff’s
personal belongings including several expensive tools and his personal workstation
which contained ten years of personal and private information. The Plaintiff
attempted to contact Dorothy Waller multiple times to attempt recovery, but was
unable to reach her and eventually quit trying. The Plaintiff was never allowed to
retrieve his personal belongings. The items confiscated constituted merchandise and
goods supplied to Waller Media, so rather than file a criminal complaint about theft,
the Plaintiff added their fair replacement value to the open account for Waller Media.

16. For convenience, the Plaintiff will truncate amounts below to dollars.

17. The Plaintiff had an agreement with Dudley Waller regarding the open account, but
there was no written agreement nor is any agreement necessary under Rule 185. The
plaintiff doesn’t rely on his agreement with Dudley Waller but rests his claim of open
account on the business dealings between the Plaintiff and Waller Media which are
documented in the systematic record of transactions kept by the plaintiff.

18. Exhibit F: The Plaintiff had applied for and received a Capital One credit card which
was used exclusively for Waller Media. Since the agreement between the Plaintiff and
Waller Media was to provide items of value to Waller Media, the Plaintiff did not bill
Waller Media’s open account for the interest charges and late fees which totaled
$322.41. The Plaintiff billed Waller Media’s open account $1,900 which the Plaintiff
paid for the repair of the KFRO-FM PTEK transmitter. Two other items, a notary
public fee, and a gas bill totaled $84. The subtotal due from Waller Media to the
Plaintiff for Exhibit F was $1,984.

19. The Plaintiff’s Personal computer was seized illegally by Susan Waller on August 1,
2016, when she took control of Waller Media, LLC. The computer was recognizable as
plaintiff’s because the files in its mass storage included ten years of personal Income
Tax Returns, Credit Card Statements, Bank Statements, Private and Personal email,
journals, photographs, and correspondence. Waller Media, LLC has no record of
having purchased the computer. The Plaintiff asserts that the computer was also
identifiable as personal and not company property because it was not a manufactured

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 5 of 9


computer, but a state-of-the-art high-end workstation which Plaintiff had built from
components to function as a software development platform. It’s identifying
characteristics were that it had a Corsair dark green military style case, a Supermicro
motherboard, and an OCZ Solid State mass storage device that was neither SAS nor
SATA, but direct PCI-E. It was the only computer at Waller Media with that
configuration. The Plaintiff’s workstation constituted merchandise and goods supplied
to Waller Media, so rather than file a criminal complaint about theft, the Plaintiff
added their fair replacement value of the workstation to the open account for Waller
Media. The seizure of the Plaintiff’s workstation was the proximate cause of injury to
the Plaintiff.

20. Exhibit C: The Plaintiff’s computer represents items of value provided to Waller
Media by the Plaintiff. Rather than file criminal complaints about theft, the fair
replacement value of the items was to be billed to the open account which Plaintiff
maintained for Waller Media. Accordingly, the just and true cost of a workstation as
represented in Exhibit C, $8,738, has been added to Waller Media’s open account.

21. Exhibit D: There are many items of personal property which the Plaintiff was never
allowed to recover from Waller Media. Only a few of the more expensive items are
listed in Exhibit D. These items were in good to excellent condition. Rather than file
criminal complaints about theft, the fair replacement value of the items was to be
billed to the open account. The subtotal due from Waller Media to the Plaintiff for
Exhibit D was $4,399, and accordingly, that amount has been added to Waller
Media’s open account.

22. Exhibit E: The subtotal due from Waller Media to the Plaintiff for Exhibit E was
$19,986. Exhibit E is a list of items of value which were provided to Waller Media by
the Plaintiff and systematically billed to Waller Media’s open account.

23. The total amount due from Waller Media to the Plaintiff on August 1, 2016, including
ExhibitS C, D, E, and F was $35,107.

24. After Susan Waller took control of Waller Media, the Plaintiff was not allowed to
retrieve his personal belongings which included a hand-written journal of cash

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 6 of 9


disbursements. This journal represented out-of-pocket cash expenditures which the
plaintiff made to provide merchandise, goods, and services to Waller Media, LLC. The
Plaintiff is willing to forgo those if the Defendants pay the others.

25. The plaintiff incurred interest payments on credit card debt, which the plaintiff paid,
but is not recoverable under Rule 185. Credit card interest charges are not included in
the transaction listings of the open account.

E. COUNT 1 - SUIT ON SWORN ACCOUNT

26. The Plaintiff provided items of value to Waller Media, LLC on open account. Waller
Media, LLC accepted the items of value and became bound to pay plaintiff designated
charges which were reasonable and customary for such items of value.

27. Plaintiff attaches a record of the account as Exhibits C, D, E, and F which he


incorporates by reference. The account accurately sets forth the items of value which
the plaintiff provided to Waller Media, LLC, the dates of the charges, and the cost of
the items of value which the plaintiff provided. The account represents a record of the
series of transactions which the plaintiff systematically kept in the ordinary course of
his business dealings with Waller Media, LLC.

28. This claim is just and true, it is due, and all just and lawful offsets, payments, and
credits have been allowed. Plaintiff attaches an unsworn declaration verifying these
facts as Exhibit H and incorporates it by reference.

29. The principal balance due on the account is $35,107.

30. Plaintiff seeks liquidated damages in the amount of at least $35,107 which is within
the jurisdictional limits of this Court.

F. COUNT 2 - BREACH OF CONTRACT

31. Alternatively, the Defendant breached a contract between Defendant and Plaintiff.
Defendant’s breach of contract was the proximate cause of Plaintiff’s injury.

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 7 of 9


G. COUNT 3 - QUANTUM MERUIT

32. Alternatively, Plaintiff provided items of value to the Defendant who was accepted by
the Defendant. Defendant accepted the items of value without compensating Plaintiff.
Defendant accepted the items of value and knew, or under the circumstances
reasonably should have known, that Plaintiff expected payment from Defendant for
the items of value. The items of value were reasonably worth the $35,107 at the time
they were provided. Defendant’s conduct proximately caused the Plaintiff’s damages.

H. CONDITIONS PRECEDENT

33. All conditions precedent to the plaintiff’s claim for relief have been performed or have
occurred.

I. REQUEST FOR DISCLOSURE

34. Under Rule 194 of the Texas Rules of Civil Procedure, Plaintiff requests that
Defendants disclose, within the time required by the Texas Rules of Civil Procedure,
the information, and material described in Rule 194.2 of the Texas Rules of Civil
Procedure.

J. RECOVER FROM DEFENDANTS JOINTLY AND SEVERALLY

35. Plaintiff seeks to recover of and from Defendants, jointly and severally, all his actual,
special and exemplary damages as well as his attorney fees, costs of court, along with
pre and post-judgment interest and all other relief to which he is entitled.

K. CORPORATE DISREGARD

36. On May 12, 2017, the Waller Media collective, Waller Media, LLC, Waller
Broadcasting, Inc., and Waller Properties, Inc., seller, entered into an Asset Purchase
Agreement with East Texas Results Media, LLC (ETRM), the buyer. The assets of
Waller Media were sold to ETRM for $1,200,000. If the defendants transferred the 1.2
million dollars out of Waller Media leaving it insolvent and incapable of paying its

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 8 of 9


debt, they should not be allowed to avoid justice by hiding behind the LLC liability
shield because $35,107 of the $1.2 million was the Plaintiff’s money.

37. If the defendants attempt to use Waller Media, LLC as a means of evading an existing
legal obligation, the plaintiff asks the court to disregard the LLC fiction in the interest
of justice under Tex. Bus. Orgs. Code § 21.223(b), This rule applies to limited liability
companies via Tex. Bus. Orgs. Code § 101.002(a). See Castleberry v. Branscum, 721
S.W.2d 270 (1986).

L. PRAYER

38. For these reasons, plaintiff asks that the Court issue citation for the defendant to
appear and answer, and that plaintiff be awarded a judgment against the defendant
for the following:

a. $35,107 as the amount due on the account.


b. Court Costs.
c. All other relief to which the plaintiff is entitled.

Respectfully submitted

____________________________________________
William D. Waller, Jr.
Pro Se
11652 CR 2210
Tyler, TX 75707
Cell: (903) 253-5555
Email: bill@wallertec.com

PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 9 of 9


EXHIBIT A-1
October 31st, 2017

By Certified Mail

To: Susan Waller, Registered Agent From: Bill Waller


Waller Media, LLC 11652 CR 2210
402 South Ragsdale Tyler, TX 75707
Jacksonville, TX 75766

CC: Dorothy Waller


Waller Media, LLC
1228 Canada St
Jacksonville, TX 75766

Re: Unreimbursed Expenses Due and Payable to Bill Waller

Dear Ms. and Mrs. Waller,

I have attached a list of invoices which I have paid as a convenience to Waller


Media, LLC under an agreement with Dudley Waller. Waller Media, LLC was
using my personal credit cards to pay for fuel, maintenance, supplies, parts,
utilities, and repairs for the three company vehicles, three generators, four
transmitter sites, office building, and studios. I have attached a list of these
expenses. The Capital One Credit Card was requested for and used exclusively by
Waller Media, LLC. The transaction list does not include interest on the Citi,
Sears, or American Express cards or unreimbursed expenses from 2014 which I will
waive if you kindly remit the balance listed below within thirty (30) days.

Unreimbursed Expenses Payable to Bill Waller …………… $21,856.63.

Remittance of this amount within thirty (30) days will result in substantial
savings for you and avoid legal fees, court costs, and aggravation associated with
civil litigation which may result in a lien against Waller Media, LLC.

Thank you in advance for your immediate attention to this serious matter.

Sincerely yours,

Bill Waller
A Personal Note from Bill Waller to Dorothy

I am incredibly proud of my service to Waller Media, LLC which was rendered


faithfully, diligently, honestly, and selflessly for eleven years. In the most difficult
of circumstances, I took the responsibilities of two former employees, IT Manager
and Chief Engineer.

A rogue employee, Charles Pribilski (aka Jimmy Olsen), had nearly destroyed
the company before he was fired in October of 2014 for trying to steal $3,000. This
was confirmed in a TWC appeal in which his unemployment claim was denied
because of his misconduct. He had previously been reprimanded for physically
attacking and injuring a female employee in the control room. One salesperson,
who was Jimmy’s same-age and his best friend, had quit in 2013 after Jimmy had
impregnated his 26-year-old daughter. Jimmy’s self-dealing had damaged morale
so severely that by the end of 2014, all the salespeople had quit after surreptitiously
allowing annual contracts to lapse. At the beginning of 2015, the company had no
salespeople, no money to hire salespeople, and virtually no booked orders. This was
the cause of the cash deficit.

After Jimmy was fired, morale improved dramatically. It was like a dark cloud
had been lifted. Under the direction of Angie Dolezal, the remaining staff rallied.
The company entered a recovery and had the first profitable year since 2004 in
2015. Because $350,000 of the revenue went to replenish booked orders, it was not
manifested as cash in 2015 resulting in a cash deficit. With $1.3 million in assets,
$300,000 in payables, and no long-term debt, the company was in excellent financial
condition, sales were trending upward. Dudley Waller had encountered cash
deficits many times in his career. It’s a common occurrence for radio stations. The
solution is to just leverage assets as Dudley did many times. He, in fact, retired $11
million of long-term debt when he sold his five stations in 2004.

One of the most promising things about Waller Media was that the cache of
booked orders had gone from $24,000 at the end of 2014 to $596,000 on July 31st,
2016. That’s an increase of $572,000 in the net worth of Waller Media. Booked
orders represent signed contracts which would manifest as cash over the next 12
months.

From 2014 through July of 2016, the company was in a very cash critical
situation, so I didn’t put in for reimbursement. I was confident that the company
would continue in recovery and I could be repaid. This was a selfless act of
generosity on my part and a personal sacrifice that would be abhorrent to abuse.
October 31st, 2017

By Certified Mail

To: Susan Waller, Registered Agent From: Bill Waller


Waller Media, LLC 11652 CR 2210
402 South Ragsdale Tyler, TX 75707
Jacksonville, TX 75766

CC: Dorothy Waller


Waller Media, LLC
1228 Canada St
Jacksonville, TX 75766

Re: Personal Property Confiscated Illegally

Dear Ms. and Mrs. Waller,

When my employment with Waller Media, LLC was terminated, I had personal
belongings in the Waller Media office which were confiscated illegally which is a
violation of Tex. Penal Code § 31.03 Theft.

One of those items was a personal workstation which I had built from individual
components. This is not a store bought manufactured computer, so it will not have a brand name
or serial number. This was the computer that was in my office beside my desk. It is the only
computer in the building that had an olive drab case. Since I built the computer, Waller Media
will not have any record of having purchased it. It has a Supermicro motherboard, and OCZ
Solid State Drive.

Please be aware that this computer contains my personal information including credit card
statements, Federal Income Tax Returns, Bank Statements, personal identifying information, and
correspondence going back more than ten years. If you make this information available in such a
way that it enables fraud or theft against me, you may be held liable for my losses.

I have also written software which is my private intellectual property and which I may
distribute commercially. You are not licensed to use, sell, or dessiminate this software.

Since the defendants have sequestered the Plaintiff’s computer for many months, the Plaintiff
does not believe that the defendants could return it in a reasonably useful condition. In addition,
even if the computer still functions, it’s use as a leading edge software development platform has
given way to advancing technologies in the two years since it was illegally seized. The most
reasonable way to resolve this issue is for the defendant to pay for the computer and provide an
image copy of the solid state mass storage.

Components for Replacement Workstation (See Attached List) …. $9,122.00


Thank you in advance for your immediate attention to this serious matter.

Sincerely yours,

Bill Waller
A Personal Note from Bill Waller to Dorothy

I am sure you remember Alex Dryden, the analyst for International Profit
Associates. I have spoken with several other people who were employees of Waller
Media while Alex spent several weeks in the Waller Media offices in the last
quarter of 2007. They remember Alex very well. I believe you told me that you had
paid IPA $250,000 for the work they did on the estate plan, trusts, and last wills
and testaments. If you don’t still have your bank records, Austin Bank can provide
them for any number of years from their archives. I got 5 years of Waller Media,
LLC bank records for $35. They include the transaction listings as well as images
of checks and deposit slips.

You will remember our meetings with the IPA representatives when they were
creating the estate plan and wills for you and Dad back in 2007 and 2008. Alicia
and Susie will also remember IPA and Alex Dryden. The thing you, Alicia, and
Susie may not have considered is that under Texas law, anyone who knew about the
destruction of a will and who participated in concealing or suppressing knowledge of
that will may be held criminally liabile just as the principal actor. I have included
some relevant excerpts from the Texas Penal Code on the following page. This does
not constitute legal advice. It is completely up to you to form your own opinion.
Section 32.47 FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT
OF WRITING.
(a) A person commits an offense if, with intent to defraud or harm another, he
destroys, removes, conceals, alters, substitutes, or otherwise impairs the
verity, legibility, or availability of a writing, other than a governmental
record.
(d) An offense under this section is a state jail felony if the writing:
(1) is a will or codicil of another, whether or not the maker is alive or dead
and whether or not it has been admitted to probate;

Section 7.01. PARTIES TO OFFENSES.


(a) A person is criminally responsible as a party to an offense if the offense is
committed by his own conduct, by the conduct of another for which he is
criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are abolished
by this section, and each party to an offense may be charged and convicted
without alleging that he acted as a principal or accomplice.

Section 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.


(a) A person is criminally responsible for an offense committed by the conduct
of another if:
(1) acting with the kind of culpability required for the offense, he causes or
aids an innocent or nonresponsible person to engage in conduct
prohibited by the definition of the offense;
(2) acting with intent to promote or assist the commission of the offense, he
solicits, encourages, directs, aids, or attempts to aid the other person to
commit the offense; or
(3) having a legal duty to prevent commission of the offense and acting with
intent to promote or assist its commission, he fails to make a reasonable
effort to prevent commission of the offense.
(b) If, in the attempt to carry out a conspiracy to commit one felony, another
felony is committed by one of the conspirators, all conspirators are guilty of
the felony actually committed, though having no intent to commit it, if the
offense was committed in furtherance of the unlawful purpose and was one
that should have been anticipated as a result of the carrying out of the
conspiracy.
Bill Waller Bill Waller Personal Belongings Printed 4/9/2019 2:19 PM

EXHIBIT C

Waller Media - Bill Waller Workstation


Component Source Price
SuperMicro Motherboard LGA 2011-3 X10SRA-F-O Newegg 302
Xeon E5-2673 v3 (Passmark 17071) Newegg 700
SuperMicro Memory 16GB x 2 DDR4 ECC Reg Newegg 379
Power Supply EVGA Super Nova Platinum NewEgg 320
Intel 960GB Optane 905P PCIe Internal SSD BHPhotoVideo 1,249
Video Card - GeForce RTX 2080 (G3D Mark 15570) Newegg 749
Case - Corsair 600Q Black Newegg 223
Pioneer BlueRay Burner BDR0S09XLT Newegg 236
ViewSonic XGC2700-4K Newegg 529
Displayport Cable 10 ft. Newegg 25
Kensington Trackball Graphite Newegg 182
Subtotal 4,894
Audio Science 6644 Sound Card BSW 3,675
Das Keyboard Cherry MX Blue Das Keyboard 169
Total 8,738

EXHIBIT D

Waller Media - Personal Property of Bill Waller


Component Amount
1500 VA Smart-UPS 800
Bit Buddy AES Analyzer 700
Lynx 22 Sound Card 699
Linux Workstation 700
OxyAcetylene Welding/Cutting Rig 900
Copper Strap 500
Bus Bar 100
Total Equipment $4,399
Payable to Bill Waller Open Account ‐ Waller Media Page 1 of 7
01/01/2015 ‐ 07/31/2016 Printed 4/9/2019 4:34 PM

EXHIBIT E

Account Stm. Date Description Code Trn. Date Expense


SearsCard 02/20/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 01/24/15 60.52
SearsCard 02/20/15 HONG KONG BUFFET JACKSONVILLE TX BENT 01/27/15 119.46
SearsCard 02/20/15 EXXONMOBIL BFUE 01/28/15 56.28
CitiCard 02/09/15 MOUSER ELECTRONICS DIS 800-346-6873 TX BENG 02/05/15 32.42
SearsCard 02/20/15 EXXONMOBIL BFUE 02/06/15 61.02
SearsCard 02/20/15 EXXONMOBIL BFUE 02/16/15 61.84
SearsCard 03/24/15 THE HOME DEPOT 6514 TYLER TX BMAI 02/21/15 24.15
SearsCard 03/24/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 02/28/15 62.22
CitiCard 03/09/15 MOUSER ELECTRONICS DIS 800-346-6873 TX BMAI 03/02/15 22.29
SearsCard 03/24/15 TEXACO 0308008 BEN WHEELER TX BFUE 03/04/15 55.16
SearsCard 03/24/15 EXXONMOBIL 45356961 TYLER TX BFUE 03/10/15 61.59
SearsCard 03/24/15 EXXONMOBIL 45356961 TYLER TX BFUE 03/17/15 61.48
SearsCard 03/24/15 CEFCO FOOD STORE # TYLER TX BFUE 03/21/15 60.47
SearsCard 03/24/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 03/21/15 12.99
CitiCard 04/08/15 VM Support VM@cs2u2.com PAN BMAI 03/25/15 217.75
SearsCard 04/23/15 EXXONMOBIL 46913828 TYLER TX BFUE 03/26/15 70.27
SearsCard 04/23/15 EXXONMOBIL 45356961 TYLER TX BFUE 03/28/15 55.68
SearsCard 04/23/15 LOWES #01965* LINDALE TX BENG 03/28/15 43.77
SearsCard 04/23/15 RADIOSHACK COR00181149 TYLER TX BENG 04/03/15 47.61
Amex 04/06/15 RAPIDFAX 888 8054441INTERNET FAX BFAX 04/06/15 79.60
SearsCard 04/23/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 04/09/15 44.23
SearsCard 04/23/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 04/10/15 65.16
SearsCard 04/23/15 FONALITY 3108614300 CA BTEL 04/10/15 757.23
SearsCard 04/23/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 04/11/15 58.66
SearsCard 04/23/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 04/11/15 120.42
SearsCard 04/23/15 AUTOZONE #1426 TYLER TX BVEH 04/12/15 57.35
SearsCard 04/23/15 AUTOZONE #1426 TYLER TX BVEH 04/12/15 85.51
SearsCard 04/23/15 AUTOZONE #1426 TYLER TX BVEH 04/12/15 5.93
SearsCard 04/23/15 LOWES #00463* TYLER TX BMAI 04/12/15 5.25
SearsCard 04/23/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 04/12/15 16.17
SearsCard 04/23/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 04/12/15 5.51
SearsCard 04/23/15 EXXONMOBIL 45474103 KILGORE TX BFUE 04/13/15 62.24
SearsCard 04/23/15 CEFCO, #1009 FOOD TATUM TX BFUE 04/14/15 61.93
SearsCard 04/23/15 CHEVRON 0200045 GILMER TX BFUE 04/15/15 54.32
SearsCard 04/23/15 CHEVRON 0200045 Q61 GILMER TX BFUE 04/15/15 24.93
SearsCard 04/23/15 J2 *RAPIDFAX SVCS 888-805-4441 CA BADM 04/20/15 80.45
SearsCard 04/23/15 EZ PAY SERVICES 800-580-3912 NJ BENG 04/21/15 158.68
SearsCard 04/23/15 MURPHY6620ATWALMRT JACKSONVILLE TX BFUE 04/21/15 62.47
SearsCard 05/01/15 AUTOZONE #1426 TYLER TX BVEH 04/25/15 16.23
SearsCard 05/01/15 PAYPAL *DEANSOEMFIN 4029357733 CA BENG 04/25/15 350.44
SearsCard 05/01/15 AUTOZONE #6998 800-288-6966 TN BVEH 04/26/15 128.20
SearsCard 05/01/15 ALLDATA CORP #8604 ELK GROVE CA BMAI 04/27/15 29.17
Payable to Bill Waller Open Account ‐ Waller Media Page 2 of 7
01/01/2015 ‐ 07/31/2016 Printed 4/9/2019 4:34 PM

EXHIBIT E

Account Stm. Date Description Code Trn. Date Expense


SearsCard 05/01/15 EMANUALS 08708904499 HK BDOC 04/27/15 17.99
SearsCard 05/01/15 EXXONMOBIL 45974151 TYLER TX BFUE 04/27/15 68.05
SearsCard 05/01/15 FONALITY 3108614300 CA BTEL 04/29/15 775.68
SearsCard 05/01/15 AUTOZONE #6998 800-288-6966 TN BVEH 04/30/15 25.72
SearsCard 05/01/15 FAS FILL #4 NEW SUMMERFIETX BFUE 04/30/15 71.97
CitiCard 05/08/15 AUTOZONE #1426 TYLER TX BMAI 05/03/15 53.01
SearsCard 05/01/15 EXXONMOBIL 45952785 WHITEHOUSE TX BFUE 05/04/15 47.44
SearsCard 05/01/15 AUTOZONE #1426 TYLER TX BVEH 05/05/15 149.37
SearsCard 05/01/15 OFFICE DEPOT #242 TYLER TX BOFF 05/05/15 35.68
SearsCard 05/01/15 AUTOZONE #1426 TYLER TX BVEH 05/07/15 17.84
SearsCard 05/01/15 LOWES #00463* TYLER TX BMAI 05/07/15 12.97
SearsCard 05/01/15 OREILLY AUTO 00007666 TYLER TX BVEH 05/07/15 31.38
SearsCard 05/01/15 EXXONMOBIL 45974151 TYLER TX BFUE 05/10/15 71.58
SearsCard 05/01/15 ATWOOD 34 JACKSONVILLE JACKSONVILLE TX BMAI 05/11/15 41.98
SearsCard 05/01/15 ATWOOD 34 JACKSONVILLE JACKSONVILLE TX BMAI 05/11/15 10.80
SearsCard 05/01/15 ATWOOD 34 JACKSONVILLE JACKSONVILLE TX BMAI 05/11/15 23.00
SearsCard 05/01/15 EXXONMOBIL 47858469 JACKSONVILLE TX BFUE 05/11/15 100.00
SearsCard 05/01/15 INK TECHNOLOGIES LLC 866-3132879 OH BOFF 05/12/15 65.00
SearsCard 05/01/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 05/12/15 24.85
SearsCard 05/01/15 SHELL OIL 575430476QPS TYLER TX BFUE 05/13/15 67.22
SearsCard 05/01/15 DYN*DYN.COM/CHARGE 603-6684998 NH BIT 05/14/15 100.00
SearsCard 05/01/15 EXXONMOBIL 47717053 WHITEHOUSE TX BFUE 05/14/15 66.67
SearsCard 05/01/15 THE HOME DEPOT 6514 TYLER TX BENG 05/14/15 119.29
SearsCard 05/01/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 05/20/15 71.52
SearsCard 05/01/15 J2 *RAPIDFAX SVCS 888-805-4441 CA BADM 05/20/15 81.20
SearsCard 05/01/15 CHEVRON 0203051 TYLER TX BFUE 05/22/15 66.28
SearsCard 05/01/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 05/22/15 37.33
SearsCard 06/23/15 TRACTOR SUPPLY CO #186 TYLER TX BMAI 05/22/15 0.00
CitiCard 06/08/15 TXTAG 888 468 9824 888-4689824 TX BTRA 05/23/15 20.00
SearsCard 06/23/15 AUTOZONE #1426 TYLER TX BVEH 05/25/15 41.11
Amex 05/26/15 MOUSER ELECTRONICS ELECTRONICS BENG 05/26/15 55.58
SearsCard 06/23/15 MIDWAY TRUCK STOP GILMER TX BFUE 05/26/15 61.54
SearsCard 06/23/15 EXXONMOBIL 48028641 TYLER TX BFUE 05/28/15 71.43
SearsCard 06/23/15 RADIOSHACK COR00183434 JACKSONVILLE TX BENG 05/28/15 21.64
CitiCard 06/08/15 EXXONMOBIL 47908041 JACKSONVILLE TX BFUE 05/30/15 65.06
SearsCard 06/23/15 FEDEX 780747975897 MEMPHIS TN BSHP 06/02/15 43.00
SearsCard 06/23/15 EXXONMOBIL 48028724 CHANDLER TX BFUE 06/03/15 67.00
SearsCard 06/23/15 LOWES #00463* TYLER TX BMAI 06/07/15 88.66
SearsCard 06/23/15 EXXONMOBIL 48028641 TYLER TX BFUE 06/09/15 43.26
SearsCard 06/23/15 FONALITY 3108614300 CA BTEL 06/09/15 778.24
SearsCard 06/23/15 OFFICE DEPOT #242 TYLER TX BOFF 06/11/15 47.59
SearsCard 06/23/15 EXXONMOBIL 45952785 WHITEHOUSE TX BFUE 06/15/15 75.05
Payable to Bill Waller Open Account ‐ Waller Media Page 3 of 7
01/01/2015 ‐ 07/31/2016 Printed 4/9/2019 4:34 PM

EXHIBIT E

Account Stm. Date Description Code Trn. Date Expense


SearsCard 06/23/15 NOR*NORTHRN TOOL EQUIP TYLER TX BMAI 06/15/15 54.11
CitiCard 07/07/15 KWIK KAR LUBE AND TYLER TX BVEH 06/18/15 84.92
SearsCard 06/23/15 J2 *RAPIDFAX SVCS 888-805-4441 CA BADM 06/20/15 82.30
SearsCard 06/23/15 EXXONMOBIL 47797402 TYLER TX BFUE 06/22/15 48.30
SearsCard 07/24/15 KWIK KAR LUBE AND TYLER TX BVEH 06/24/15 110.25
SearsCard 07/24/15 TEXACO 0308006 TYLER TX BFUE 06/24/15 47.61
SearsCard 07/24/15 FONALITY 3108614300 CA BTEL 06/25/15 774.81
SearsCard 07/24/15 RACE RUNNER 8 TYLER TX BFUE 06/26/15 75.00
SearsCard 07/24/15 EXXONMOBIL 45356961 TYLER TX BFUE 06/27/15 47.61
CitiCard 07/07/15 TXTAG 888 468 9824 888-4689824 TX BTRA 06/28/15 20.00
SearsCard 07/24/15 EXXONMOBIL 45974151 TYLER TX BFUE 07/02/15 48.80
SearsCard 07/24/15 CPU TYLER TX BMAI 07/07/15 32.48
SearsCard 07/24/15 EXXONMOBIL 45952785 WHITEHOUSE TX BFUE 07/08/15 51.09
Amex 07/10/15 MSFT *OFFICE 0000 OFFICE.COM WA BOFF 07/10/15 108.24
Amex 07/11/15 TRACTOR SUPPLY 1861 TYLER SE TX BMAI 07/11/15 37.21
SearsCard 07/24/15 EXXONMOBIL 47908041 JACKSONVILLE TX BFUE 07/13/15 45.84
SearsCard 07/24/15 IN *WALLER MEDIA LLC 903-6632477 TX BTST 07/15/15 5.00
SearsCard 07/24/15 WILDCAT MART WHITEHOUSE TX BFUE 07/17/15 75.73
SearsCard 07/24/15 J2 *RAPIDFAX SVCS 888-805-4441 CA BADM 07/20/15 83.05
SearsCard 07/24/15 INK TECHNOLOGIES LLC 866-3132879 OH BOFF 07/21/15 114.00
SearsCard 07/24/15 EXXONMOBIL 47716972 TYLER TX BFUE 07/23/15 52.87
SearsCard 08/24/15 LOWES #00463* TYLER TX BMAI 07/25/15 180.59
SearsCard 08/24/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 07/27/15 72.02
SearsCard 08/24/15 CHEVRON 0200045 GILMER TX BFUE 07/28/15 67.55
SearsCard 08/24/15 EXXONMOBIL 45491685 FLINT TX BFUE 07/29/15 70.45
SearsCard 08/24/15 LOWES #00463* TYLER TX BMAI 07/31/15 18.56
SearsCard 08/24/15 LOWES #00463* TYLER TX BMAI 08/01/15 4.31
SearsCard 08/24/15 THE HOME DEPOT 6514 TYLER TX BMAI 08/01/15 33.85
SearsCard 08/24/15 EXXONMOBIL 45356961 TYLER TX BFUE 08/02/15 64.63
SearsCard 08/24/15 INK TECHNOLOGIES LLC 866-3132879 OH BOFF 08/04/15 65.00
Amex 08/05/15 PAYPAL *GA COPPER 4029357733 GA BENG 08/05/15 385.00
SearsCard 08/24/15 EXXONMOBIL 47596358 JACKSONVILLE TX BFUE 08/06/15 67.44
SearsCard 08/24/15 NOR*NORTHRN TOOL EQUIP TYLER TX BMAI 08/09/15 29.21
SearsCard 08/24/15 EXXONMOBIL 47787676 BULLARD TX BFUE 08/10/15 70.32
SearsCard 08/24/15 OIL EXCHANGE 1 JACKSONVILLE TX BVEH 08/10/15 68.00
SearsCard 08/24/15 SPK*SPOKEO SEARCH 800-6994264 CA BADM 08/10/15 39.95
Amex 08/12/15 WILDCAT MART 0000000WHITEHOUSE TX BFUE 08/12/15 73.29
SearsCard 08/24/15 INK TECHNOLOGIES LLC 866-3132879 OH BOFF 08/14/15 0.00
SearsCard 08/24/15 PAYPAL *METALLECTRI 4029357733 CA BMAI 08/15/15 89.00
SearsCard 08/24/15 PAYPAL *STONERENTER 4029357733 CA BMAI 08/16/15 30.56
SearsCard 08/24/15 PAYPAL *STREAMLINER 4029357733 CA BMAI 08/16/15 14.99
SearsCard 08/24/15 WILDCAT MART WHITEHOUSE TX BFUE 08/17/15 65.83
Payable to Bill Waller Open Account ‐ Waller Media Page 4 of 7
01/01/2015 ‐ 07/31/2016 Printed 4/9/2019 4:34 PM

EXHIBIT E

Account Stm. Date Description Code Trn. Date Expense


SearsCard 08/24/15 POLYMER PLASTICS CORPO CARSON CITY NV BENG 08/19/15 107.97
SearsCard 08/24/15 DRI*KASPERSKY.COM ORDERFIND.COMMN BIT 08/20/15 64.94
SearsCard 08/24/15 J2 *RAPIDFAX SVCS 888-805-4441 CA BADM 08/20/15 83.60
SearsCard 08/24/15 EXXONMOBIL 47787676 BULLARD TX BFUE 08/21/15 72.59
SearsCard 08/24/15 FONALITY 3108614300 CA BTEL 08/21/15 773.54
SearsCard 09/23/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 08/25/15 52.38
SearsCard 09/23/15 RADIOSHACK COR00181149 TYLER TX BENG 08/25/15 43.28
SearsCard 09/23/15 EXXONMOBIL 48028310 TYLER TX BFUE 08/27/15 61.09
SearsCard 09/23/15 BAILEY'S HARDWARE GLADEWATER TX BENG 08/28/15 65.36
SearsCard 09/23/15 EXXONMOBIL 48029227 TYLER TX BFUE 08/28/15 63.99
CitiCard 09/08/15 TXTAG 888 468 9824 888-4689824 TX BTRA 08/30/15 20.00
SearsCard 09/23/15 EXXONMOBIL 45356961 TYLER TX BFUE 09/01/15 57.74
SearsCard 09/23/15 ISP SUPPLIES LLC COLLEGE STATITX BMAI 09/02/15 106.14
SearsCard 09/23/15 LOWES #00463* TYLER TX BMAI 09/02/15 30.70
SearsCard 09/23/15 CHEVRON 0200045 GILMER TX BFUE 09/04/15 49.24
SearsCard 09/23/15 LOWES #00463* TYLER TX BMAI 09/06/15 51.83
SearsCard 09/23/15 NOR*NORTHRN TOOL EQUIP TYLER TX BMAI 09/06/15 14.06
SearsCard 09/23/15 WILDCAT MART WHITEHOUSE TX BFUE 09/07/15 71.76
Amex 09/08/15 BSW 88620000121 TACOMA WA BEQ 09/08/15 135.69
SearsCard 09/23/15 CHEVRON 0200045 GILMER TX BFUE 09/11/15 57.73
SearsCard 09/23/15 EXXONMOBIL 45960523 GLADEWATER TX BFUE 09/14/15 64.13
SearsCard 09/23/15 LOWES #00463* TYLER TX BMAI 09/14/15 34.33
SearsCard 09/23/15 WILDCAT MART WHITEHOUSE TX BFUE 09/17/15 73.53
SearsCard 09/23/15 J2 *RAPIDFAX SVCS 888-805-4441 CA BADM 09/20/15 84.40
SearsCard 11/23/15 FASTENAL COMPANY01 TYLER TX BENG 10/24/15 26.81
SearsCard 11/23/15 FONALITY 3108614300 CA BTEL 10/24/15 245.26
SearsCard 11/23/15 PAYPRO-CHARGE.COM 16468736857 GB BENG 10/24/15 29.99
SearsCard 11/23/15 WILDCAT MART WHITEHOUSE TX BFUE 10/24/15 45.48
SearsCard 11/23/15 SHELL OIL 57545798704 TYLER TX BFUE 10/25/15 55.18
SearsCard 11/23/15 FAS FILL #1 JACKSONVILLE TX BFUEL 10/28/15 66.81
SearsCard 11/23/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 10/31/15 66.89
SearsCard 11/23/15 WILDCAT MART WHITEHOUSE TX BFUEL 11/02/15 69.50
SearsCard 11/23/15 INK TECHNOLOGIES LLC 866-3132879 OH BOFF 11/03/15 228.00
SearsCard 11/23/15 WWW.NEWEGG.COM 800-390-1119 CA BMAI 11/06/15 69.99
SearsCard 11/23/15 EXXONMOBIL 47572821 JACKSONVILLE TX BFUE 11/11/15 59.41
SearsCard 11/23/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 11/12/15 64.15
CitiCard 12/08/15 EXXONMOBIL 45356961 TYLER TX BFUE 11/14/15 58.15
SearsCard 11/23/15 LOWES #00463* TYLER TX BMAI 11/14/15 27.79
SearsCard 11/23/15 THE HOME DEPOT 6514 TYLER TX BENG 11/14/15 120.42
SearsCard 11/23/15 PAYPAL *STREAMLINER 4029357733 CA BMAI 11/16/15 14.99
SearsCard 11/23/15 UPS*1ZB2U0T50390022616 800-811-1648 GA BSHIP 11/18/15 148.26
SearsCard 11/23/15 UPS*292B12O1QRJ 800-811-1648 GA BSHIP 11/18/15 7.05
Payable to Bill Waller Open Account ‐ Waller Media Page 5 of 7
01/01/2015 ‐ 07/31/2016 Printed 4/9/2019 4:34 PM

EXHIBIT E

Account Stm. Date Description Code Trn. Date Expense


CitiCard 12/08/15 EXXONMOBIL 45356961 TYLER TX BFUE 11/22/15 51.69
CitiCard 12/08/15 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 11/27/15 64.57
CitiCard 12/08/15 JAKE'S MARKET & GRIL JACKSONVILLE TX BFUE 12/01/15 52.58
CitiCard 12/08/15 EXXONMOBIL 47908041 JACKSONVILLE TX BFUE 12/04/15 47.00
CitiCard 12/08/15 THE HOME DEPOT 6514 TYLER TX BENG 12/05/15 218.06
CitiCard 01/08/16 JAKE'S MARKET & GRIL JACKSONVILLE TX BFUE 12/10/15 51.38
CitiCard 01/08/16 THE HOME DEPOT 6514 TYLER TX BENG 12/10/15 34.60
CitiCard 01/08/16 PAYPAL *ISPSUPPLIES 4029357733 CA BENG 12/11/15 34.00
CitiCard 01/08/15 PAYPAL *UNIFIEDMICR 4029357733 CA BIT 12/12/15 26.70
CitiCard 01/08/16 EXXONMOBIL 47858469 JACKSONVILLE TX BFUE 12/13/15 51.67
SearsCard 12/24/15 GUSANOS CHICAGO STYLE TYLER TX BENT 12/17/15 365.26
SearsCard 12/24/15 SQ *CAROUSEL PUBLISHIN COLLEGE STATITX BDOC 12/17/15 12.99
SearsCard 12/24/15 ATWOOD 34 JACKSONVILLE JACKSONVILLE TX BMAI 12/18/15 34.62
SearsCard 12/24/15 EXXONMOBIL 47908041 JACKSONVILLE TX BFUE 12/18/15 50.69
SearsCard 12/24/15 AUTO RENEWAL STICK AUSTIN TX BVEH 12/19/15 2.00
SearsCard 12/24/15 SMITH CNTY VEHREG TYLER TX BVEH 12/19/15 76.00
SearsCard 01/24/16 DYN*DYN.COM/CHARGE 603-6684998 NH BIT 12/25/15 90.00
SearsCard 01/24/16 BARSCO DALLAS TX BMAI 12/29/15 146.57
SearsCard 01/24/16 EXXONMOBIL 48028641 TYLER TX BFUE 12/29/15 48.34
SearsCard 01/24/16 LOWES #00463* TYLER TX BMAI 12/29/15 22.21
SearsCard 01/24/16 OFFICE DEPOT #242 TYLER TX BOFF 12/29/15 102.82
SearsCard 01/24/16 THE HOME DEPOT 6514 TYLER TX BMAI 12/29/15 34.10
SearsCard 01/24/16 AUTOZONE #1426 TYLER TX BVEH 12/31/15 249.80
SearsCard 01/24/16 EXXONMOBIL 48028641 TYLER TX BFUE 01/01/16 46.08
SearsCard 01/24/16 EXXONMOBIL 48028641 TYLER TX BFUE 01/08/16 42.09
CitiCard 02/07/16 PAYPAL *PAUL 4029357733 CA BENG 01/09/16 11.00
CitiCard 02/07/16 TEXAS SECRETARY OF STA 512-4635601 TX BADM 01/12/16 1.03
CitiCard 02/07/16 TEXAS SECRETARY OF STA 512-4635601 TX BADM 01/12/16 1.03
CitiCard 02/07/16 PAYPAL *PSSLCOMGUIT 4029357733 CA BENG 01/13/16 119.99
CitiCard 02/07/16 TEXAS SECRETARY OF STA 512-4635601 TX BADM 01/14/16 15.41
CitiCard 02/07/16 PAYPAL *GRAMMARLY 8883186146 CA BOFF 01/15/16 139.95
CitiCard 02/07/16 CHEVRON 0200045 GILMER TX BFUE 01/19/16 49.37
CitiCard 02/07/16 PAYPAL *FM TX 4029357733 CA BENG 01/20/16 86.94
CitiCard 02/07/16 PAYPAL *RICHARDSONE 4029357733 CA BENG 01/21/16 142.14
CitiCard 02/07/16 PAYPAL *RICHARDSONE 4029357733 CA BENG 01/21/16 176.75
CitiCard 02/07/16 PAYPAL *JLANCE68 4029357733 CA BENG 01/22/16 105.00
CitiCard 02/07/16 JAKE'S MARKET & GRIL JACKSONVILLE TX BFUE 01/25/16 49.14
SearsCard 02/22/16 TEXAS SECRETARY OF STA 512-4635601 TX BADM 02/10/16 9.24
CitiCard 03/08/16 EXXONMOBIL 48028641 TYLER TX BFUE 02/13/16 41.33
CitiCard 03/08/16 OFFICEMAX/OFFICEDEPOT6 TYLER TX BOFF 02/13/16 57.66
SearsCard 02/22/16 CEFCO, #1058 FOOD TYLER TX BFUE 02/16/16 50.27
SearsCard 02/22/16 INVESTINTECH.COM INC 416-9205884 CD BSFT 02/16/16 129.95
Payable to Bill Waller Open Account ‐ Waller Media Page 6 of 7
01/01/2015 ‐ 07/31/2016 Printed 4/9/2019 4:34 PM

EXHIBIT E

Account Stm. Date Description Code Trn. Date Expense


SearsCard 03/24/16 EXXONMOBIL 48028641 TYLER TX BFUE 02/23/16 42.00
SearsCard 03/24/16 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 03/01/16 41.06
CitiCard 03/08/16 avangate*winxdvd.com AMSTERDAM NLD BSFT 03/06/16 39.95
CitiCard 04/08/16 EXXONMOBIL 45356961 TYLER TX BFUE 03/11/16 51.71
CitiCard 04/08/16 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 03/11/16 41.07
CitiCard 04/08/16 DISCOUNT TIRE TXD 76 TYLER TX BTR 03/18/16 528.76
CitiCard 04/08/16 EXXONMOBIL 45978293 LONGVIEW TX BFUE 03/24/16 41.67
CitiCard 04/08/16 EXXONMOBIL 45356961 TYLER TX BFUE 03/27/16 54.06
SearsCard 05/24/16 EXXONMOBIL 47716972 TYLER TX BFUE 04/23/16 54.55
SearsCard 05/24/16 FOSTER SAW & REPAIR JACKSONVIL TX BMAI 04/23/16 49.79
SearsCard 05/24/16 OREILLY AUTO 00007666 TYLER TX BVEH 04/24/16 10.27
SearsCard 05/24/16 CHKMATE*INSTANTCHECKM 866-4905980 CA BADM 04/27/16 22.86
SearsCard 05/24/16 CHEVRON 0200045 GILMER TX BFUE 04/29/16 64.31
SearsCard 05/24/16 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 05/04/16 64.23
CitiCard 06/08/16 JAKE'S MARKET & GRIL JACKSONVILLE TX BFUE 05/09/16 41.38
SearsCard 05/24/16 TRACTOR-SUPPLY-CO #043 JACKSONVILLE TX BMAI 05/13/16 23.79
SearsCard 05/24/16 EXXONMOBIL 45356961 TYLER TX BFUE 05/15/16 59.02
SearsCard 05/24/16 CHKMATE*INSTANTCHECKM 866-4905980 CA BADM 05/21/16 1.99
SearsCard 05/24/16 CHKMATE*INSTANTCHECKM 866-4905980 CA BADM 05/21/16 19.99
SearsCard 05/24/16 CHKMATE*INSTANTCHECKM 866-4905980 CA BADM 05/21/16 22.86
CitiCard 06/08/16 EXXONMOBIL 48028641 TYLER TX BFUE 05/27/16 41.78
SearsCard 06/23/16 CHKMATE*INSTANTCHECKM 866-4905980 CA BADM 05/27/16 19.99
SearsCard 06/23/16 CHKMATE*INSTANTCHECKM 866-4905980 CA BADM 05/27/16 22.86
CitiCard 06/08/16 JAKE'S MARKET & GRIL JACKSONVILLE TX BFUE 05/30/16 42.02
CitiCard 06/08/16 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 06/04/16 45.23
CitiCard 06/08/16 EXXONMOBIL 48028641 TYLER TX BFUE 06/05/16 63.78
Cleared 07/08/16 EXXONMOBIL 47596358 JACKSONVILLE TX BFUE 06/08/16 69.23
Cleared 07/08/16 JAKE'S MARKET & GRIL JACKSONVILLE TX BFUE 06/13/16 58.25
Cleared 07/08/16 JAKE'S MARKET & GRIL JACKSONVILLE TX BFUE 06/17/16 64.15
SearsCard 06/23/16 ICM*INSTANTCHECKMATE. 866-4905980 CA BADM 06/20/16 22.86
Cleared 07/08/16 EXXONMOBIL 47596358 JACKSONVILLE TX BFUE 06/21/16 66.15
SearsCard 07/24/16 ICM*INSTANTCHECKMATE. 866-4905980 CA BADM 06/26/16 22.86
SearsCard 07/24/16 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 06/27/16 45.93
SearsCard 07/24/16 TIME IT LUBE #109 TYLER TX BVEH 06/28/16 85.48
CitiCard 08/08/16 EXXONMOBIL 48028641 TYLER TX BFUE 07/10/16 41.45
CitiCard 08/08/16 EXXONMOBIL 48028641 TYLER TX BFUE 07/13/16 40.36
CitiCard 08/08/16 MICROSOFT *OFFICE 36 800-642-7676 WA BSFT 07/13/16 108.24
CitiCard 08/08/16 DYN*DYN.COM/CHARGE 6036684998 NH BIT 07/14/16 30.00
CitiCard 08/08/16 FOOD FAST 62 TYLER TX BFUE 07/15/16 60.30
CitiCard 08/08/16 JAKE'S MARKET & GRIL JACKSONVILLE TX BFUE 07/18/16 43.13
SearsCard 07/24/16 ICM*INSTANTCHECKMATE. 866-4905980 CA BADM 07/20/16 22.86
SearsCard 07/24/16 MENDOZAS RESTAURANT JACKSONVILLE TX BENT 07/20/16 97.35
Payable to Bill Waller Open Account ‐ Waller Media Page 7 of 7
01/01/2015 ‐ 07/31/2016 Printed 4/9/2019 4:34 PM

EXHIBIT E

Account Stm. Date Description Code Trn. Date Expense


CitiCard 08/08/16 EXXONMOBIL 48077077 WHITEHOUSE TX BFUE 07/21/16 50.46
19,986.01
Waller Media, LLC Unreimbursed Expenses Date 11/20/2018
Capital One Credit Card Payable to Bill Waller

EXHIBIT F
Date  Description Category  Debit  Credit Balance
02/11/16 FM BROADCAST SPOKANE VALLE WA 99212 US Merchandise 1,900.00 1,900.00
03/25/16 PAST DUE FEE Fee 39.00 1,939.00
03/28/16 INTEREST CHARGE:PURCHASES Interest Charge 30.74 1,969.74
04/25/16 PAST DUE FEE Fee 39.00 2,008.74
04/28/16 INTEREST CHARGE:PURCHASES Interest Charge 34.08 2,042.82
04/28/16 OVERLIMIT FEE APR 28, 2016 Fee 39.00 2,081.82
05/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 03‐M AY Payment 201.00 1,880.82
05/28/16 INTEREST CHARGE:PURCHASES Interest Charge 34.31 1,915.13
06/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 30‐M AY Payment 53.00 1,862.13
06/28/16 INTEREST CHARGE:PURCHASES Interest Charge 32.93 1,895.06
07/01/16 AMER ASSOC NOTARIESWE 713-644-2299 TX 77017 US Merchandise 35.90 1,930.96
07/21/16 FSI*CENTERPOINT ENERGY 800-967-9649 TX 77002 US Utilities 48.85 1,979.81
07/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 30‐J UN Payment 51.00 1,928.81
07/28/16 INTEREST CHARGE:PURCHASES Interest Charge 32.30 1,961.11
08/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 30‐J UL Payment 51.00 1,910.11
08/27/16 INTEREST CHARGE:PURCHASES Interest Charge 33.73 1,943.84
09/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 29‐A UG Payment 53.00 1,890.84
09/25/16 Returned ACH Card Payment Other 53.00 1,943.84
09/25/16 INTEREST CHARGE ADJUSTMENT Interest Charge 0.12 1,943.96
09/28/16 INTEREST CHARGE:PURCHASES Interest Charge 33.43 1,977.39
10/25/16 PAST DUE FEE Fee 39.00 2,016.39
10/28/16 INTEREST CHARGE:PURCHASES Interest Charge 48.89 2,065.28
11/25/16 PAST DUE FEE Fee 39.00 2,104.28
11/28/16 INTEREST CHARGE:PURCHASES Interest Charge 52.77 2,157.05
12/26/16 PAST DUE FEE Fee 39 2,196.05
12/28/16 INTEREST CHARGE:PURCHASES Interest Charge 53.28 2,249.33
01/28/17 INTEREST CHARGE:PURCHASES Interest Charge 57.83 2,307.16

Debit to Waller Media Open Account 1984.75
Charges to Plaintiff not Debited to Waller Media Open Account 322.41
Payable to Bill Waller On Open Account Page 1 of 1
Summary for Waller Media, LLC Printed 11/20/2018 1:54 PM

EXHIBIT G

EXHIBIT Subtotals Amount


C Personal Computer/ Workstation 8,738
D Miscellaneous Personal Equipment 4,399
E 2015, 2016 Expenses 19,986
F Capital One/PTEK REPAIR 1,984
Grand Total (Balance Due) 35,107
Exhibit H

DECLARATION OF OPEN ACCOUNT

1. My name is William D. Waller, Jr. I am over 18 years of age, of sound mind, and
capable of making this declaration. I have personal knowledge of the facts stated in
this declaration, and they are true and correct.

2. My lawsuit against the Defendants is brought to collect unpaid invoices for items of
value on the open account between myself and Waller Media, LLC.

3. From January 1, 2014, through August 1, 2016, Waller Media, LLC received and
benefited from goods, services, and merchandise which I provided to Waller Media,
LLC on open account. I did not demand payment on the account during that time
because Waller Media, LLC had insufficient cash to pay.

4. The foundation of my claim on the open account rests on my business dealings with
Waller Media, LLC, and the terms are reasonable, lawful, and true.

5. My employment with Waller Media, LLC was terminated by a letter from the owner
on August 1, 2016, making the balance of the open account payable at that time.

6. Waller Media, LLC has since liquidated its assets making sufficient funds available to
pay the balance on the open account.

7. I have care, custody, and control of the records concerning the open account which I
maintained for Waller Media, LLC.

8. I have kept a systematic record of the open account between myself and Waller Media,
LLC which I have attached as EXHIBITS C, D, E, and F.

9. I am not a financial institution, and the open account is not credit card debt. I
purchased items of value, took ownership of those items of value, then transferred
ownership of those items of value to Waller Media, LLC by systematically charging
Waller Media, LLC’s open account.

10. The items of value were billed to the open account of Waller Media, LLC without

Declaration of William D. Waller, Jr. Page 1 of 2


markup and are the same amounts which I paid for those items of value. Therefore,
the amounts of the transactions are just and fair.

11. On October 31, 2016, I sent by certified mail letters and transaction listings of the
open account between myself and Waller Media, LLC to the Defendants demanding
payment, but the Defendants did not respond.

12. On November 27, 2018, I filed Cause No. CV09786 in the Cherokee County Court at
Law and served the defendants with the lawsuit and complete accounting of
transactions which constitute the balance due.

13. The case is now before the 2nd Judicial District Court of Cherokee County Texas as
Cause No. 2019-01-0048.

14. I have applied all offsets, payments, and credits to Waller Media, LLC’s open account.

15. The open account which I maintained for Waller Media, LLC remains unpaid.

16. I have attached a statement listing of the invoices and totals of Waller Media LLC’s
open account in EXHIBITS C, D, E, and F, and the Grand Total (Principal Balance
Due) of $35,107 included in EXHIBIT G. All amounts are just and true and the total of
$35,107 is due and payable.

My name is, William D. Waller, Jr., my date of birth is August 28, 1953, my address is
11652 CR 2210, Tyler, Texas 75707, and I declare under penalty of perjury that the
foregoing is true and correct.

Executed in Smith County, State of Texas, on the 9th day of April 2019.

___________________________________
William D. Waller, Jr., Declarant

Declaration of William D. Waller, Jr. Page 2 of 2


CERTIFICATION OF SERVICE
BY EMAIL
I certify that on April 9, 2019, I served a true and correct copy of this document to the
following counsel of record:
John D. Sloan ……………… jsloan@sloanfirm.com
R.W. Richards ……………… rwr@therichardslawfirm.com
Nicholas Summers Peacock nick@amentpeacocklaw.com
L.T. Bradt ………………… ltbradt@flash.net

/s/ William D. Waller, Jr.


______________________________________________
William D. Waller, Jr.

Fifth Amended Original Petition Page 1 of 1

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