Preview
Filing # 185610985 E-Filed 11/07/2023 10:15:38 AM
MLG - 4732871 IN THE COUNTY COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
SMALL CLAIMS DIVISION
CASE NO. 11/07/2023
CKS PRIME INVESTMENTS, LLC
Plaintiff,
vs.
MORGAN H STEPHENS
Defendant.
STATEMENT OF CLAIM
COMES NOW the Plaintiff, CKS PRIME INVESTMENTS, LLC, by and through its
undersigned attorney, sues Defendant MORGAN H STEPHENS , and alleges:
GENERAL ALLEGATIONS
This is an action for damages in an amount less than or equal to $8,000.00, exclusive of
interest, costs and attorney fees, and comes within the jurisdiction of this Court.
Plaintiff is a foreign corporation authorized to bring this action pursuant to Fla. Stat. §
607.1501 (2)(a).
Defendant is a resident of CHARLOTTE County, Florida.
All conditions precedent to the bringing of this action has been performed, have
occurred or have been waived.
COUNT I
(ACCOUNT STATED)
Plaintiff incorporates and realleges paragraphs 1-4.
Defendant made purchases and/or received cash advances utilizing credit extended by
CELTIC BANK (the 'Creditor’) , account number XXXXXXXXXXXX8449.
In accordance with the transactions made by Defendant on the account (the 'Account')
heretofore mentioned, Creditor and Defendant agreed to the resulting balance.
Creditor rendered statement(s) of the Account to Defendant, copies of which are
attached hereto and incorporated herein as Exhibit 'A', and Defendant did not object to
the statement(s).
Defendant failed and/or refused to pay for said purchases or cash advances as agreed,
or otherwise.
10. Plaintiff has purchased the debt incurred by Defendant and now owns and holds all
rights relative thereto, as evidenced by a copy of the ownership transfer documents
attached hereto and incorporated herein as Exhibit 'B'.
11. Defendant owes Plaintiff $1,060.91.
WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $1,060.91 plus
costs, and such other and further relief as the Court may deem just and proper.
COUNT II
(UNJUST ENRICHMENT)
12. Plaintiff incorporates and realleges paragraphs 1-4 and paragraph 10.
13 The Creditor has conferred a benefit on Defendant by providing credit for cash
advances, products and/or goods and services.
14 Defendant has knowledge of the benefit and the use thereof by Defendant constitutes
an unjust enrichment of Defendant at Plaintiff's expense.
15 Defendant has accepted or retained the benefit conferred and the circumstances are
such that it would be inequitable for the Defendant to retain the benefit without paying
fair value for it. Defendant has failed to pay for said benefit and Defendant has
therefore been unjustly enriched.
16. As a result of the unjust enrichment of Defendant, Plaintiff
has been damaged in an
amount in equal to $1,060.91.
WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $1,060.91
plus costs, and such other and further relief as the Court may deem just and proper.
Mandarich Law Group, LLP
/s/ Carolyn Karettis, Esq.
Harold E. Scherr, Esq. FBN 240486 P.O. Box 952289
Hillarey McCall, Esq. FBN 607525 Lake Mary, FL 32795
Michelle K. Hines, Esq. FBN 85092 Phone: 407-995-3004
Maxxwell Tyler Hamilton, Esq. FBN 95985 Facsimile: 407-583-4964
Hunter Masin, Esq. FBN 1028137 florida@mandarichlaw.com
Carolyn Karettis, Esq. FBN 0660876 Attorneys for Plaintiff
Ryan Enage, Esq. FBN 1038439
DESIGNATION OF EMAIL ADDRESS
Pursuant to Fla. R. Jud. Admin. 2.516 Plaintiff's Counsel hereby designates
florida@mandarichlaw.com
as its primary email address for the receipt of pleadings.
EXHIBIT A
MORGAN H STEPHENS.
Account Number:
vo Joes XXXX XXXX XXXX 8449 mastercard.
Closing Date: June 2, 2022
"ACCOUNT SUMMARY ==
Account Number XXXX XXXX XXXX 8449
PAYMENTINFORMATION,
New Balance $1,060.91
Credit Limit $750.00 Minimum Payment Due $422.00
Credit Available $0 Payment Due Date June 27, 2022
Days this Billing Cycle 31 Late Payment Warning: If we do not receive your minimum payment by the
Statement Closing Date June 02, 2022 date listed above, you may have to pay up toa $40.00 ate tee.
Amount Past Due $339.00
Previous Balance $999.14 Minimum Payment Warning: If you make only the minimum payment each
period, you will pay more in interest and it will take you longer to pay off your
Payments $0.00 balance. For example:
Credits $0.00
Purchases $0.00
Fees $40.00
Cash Advances $0.00
Only the minimum, 1,284.00
payment 2 years
INTEREST CHARGES $21.77
New Balance If you would like information about credit counseling services, call
$1,060.91 1-877-271-1764
Mall
Payments
SURGE
to:
Cardholder Services 1-866-449-4514 ind Cardholder Services
Lost or Stolen 1-800-556-5678 PO Box 3220 PO Box 6812
Buffalo NY 14240 Carol Stream IL 60197-6812
Account Ac! ity Since Last Statement
Trans Date Post Date Reference Number Transaction Description Amount
Fees & Other Charges
05/29 05/29 LATE FEE 40.00
TOTAL FEES FOR THIS PERIOD 40.00
Interest Charges
06/02 06/02 Interest Charge on Purchases 21.77
06/02 06/02 Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 21.77
Total fees charged in 2022 $294.00
Total interest charged in 2022 $111.03
CINTEREST CHARGES
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Percentage Rate Balance Subject to
Type of Balance ) Interest Rate Interest Charge
Purchases. 26.15% (v) $999.14 $21.77
Cash Advances 26.15% (v) $0.00 $0.00
(v) = Variable Rate
Balance Calculation Method: See reverse side of page 1 for explanation of how the balances subject to interest rate is calculated.
We will not charge you interest on purchases if you pay your entire balance by the payment due date.
Visit us on the web at: WWW.SURGECARDINFO.com
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION AND BILLING RIGHTS SUMMARY.
1070 MsH 01 7 2 220602 ° EX PAGE 1 of M050:
PLEASE DETACH COUPON AND RETURN PAYMENT USING THE ENCLOSED ENVELOPE - ALLOW 5 DAYS FOR MAIL DELIVERY
SURGE
PO BOX 6812 Account Number: XXXK XXX XXXX 8449
Carol Stream IL 60197-6812 New Balance: $1,060.91
Minimum Payment Due: $422.00
Payment Due Date:
Check box to indicate address Amount Enclosed:
change on back of this coupon
Mail Payments to:
SURGE
SURGE MORGAN H STEPHENS
PO Box 6812 650 SKYLARK LN NW
Carol Stream IL 60197-6812 PORT CHARLOTTE FL 33952-5127
PT le et Pall
Ie ul TET hi ui "hh
Interest Charge Calculation and Determination of the Balance Subject to the Interest Rate
The amount of interest charged is determined separately for purchases, cash advances and balance transfers and is calculated by
applying the monthly periodic rate to the respective balance subject to interest rate. The monthly periodic rate is determined by dividing
the Annual Percentage Rate applicable to the type of balance by 12.
The Balance Subject to intere: Rate is calculated separate! for purchases, cash advances and balance transfers and is figured by
adding the respective outstai ling cycle, and then dividing the sum of the daily balances by the number
of days in the billing cycle. “Sach daily outstanding balance is determined by adding to the previous days balance the amount of new
balance for each day of the
purchases, new cash advances, or new balance transfers, respectively and deducting payments and credits.
Payment Crediting and Credit Balance. Payments received by 5:00 p.m. prevailing Eastern Time at the location specified on the front
of the statement after the phrase “MAIL PAYMENTS TO" will be credited as the date of receipt to the account specified on the payment
coupon. Payments received at locations other than the address specified or payments that do not conform to the requirements set forth
‘on or with the periodic statement (e.g. missing payment stub, payment envelope other than as provided with your statement, multiple
checks or multipie coupons in the same envelope) may be subject to delay in crediting, but shall be credited within five days of receipt.
if there is a credit balance due on your account, you may request, in writing, a full refund. Submit your request to the address indicated
‘on the front of this statement after the phrase "SEND CORRESPONDENCE TO.”
By sending your check, you are authorizing the use of the information on your check to make a one-time electronic debit from the account
to which the check is drawn. This electronic debit, which may be posted to your account as early as the date your check is received, will
be only for the amount of your check. The original check will be destroyed, and we will retain its image in our records. if you have
guestions please call the Cardholder Services number on the tront of this billing statement.
If your account has been assessed an annual fee, you may avoid paying this annual fee by sending written notification of
termination, within 30 days following the mailing date of this statement to the address found indicated on the front of this statement after
the phrase “SEND CORRESPONDENCE TO’ You may use your card(s) during this 30 day period but immediately thereafter must
send your card(s), which you have cut in half, to this same address.
Negative Credit Reports. We may report information about your accountto credit bureaus. Late payments, missed payments, or other
defaults on your account may be reflected in your credit report.
What To Do If You Think You Find A Mistake On Your Statement
if you think there is an error on your statement, write to us at the “SEND CORRESPONDENCE TO” address shown on the front of this
statement. In your letter, give us the following information:
. Account information: Your name and account number.
. Dollar amount: The dollar amount of the suspected error.
. Description of Problem: if you think there is an error on your bill, describe what you believe is wrong and why you
believe itis a mistake.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential
errors and you may have to pay the amount in question.
While we investigate whether or not there has been an error, the following are true:
. We cannottry to collectthe amount in question, or report you as delinquent on that amount.
. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we
determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that
amount.
. While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
. We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
if you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the
purchase price must have been more than $50. (Note: Neitherof these are necessary if your purchase was based on an
advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check
that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the “SEND CORRESPONDENCE
TO" address shown on the front of this statement.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you
our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
About your VantageScore® Credit Score
Your VantageScore® credit score is based on information in your Experian credit report, so it's important to make sure that report is
accurate. Remember, your VantageScore® credit score reflects a general snapshot of your credit history at a specific point in time and can
be influenced by payment history, amount owed, length of credit history, new credit opened, types of credit, and other factors found on your
account. It can fluctuate month to month. However, if you believe there is an error, you can:
a.Request your free annual Experian credit report at www.annualcreditreport.com
b. After reviewing your report, if you find inaccurate information that may have affected your score, you can dispute your
Experian credit report at www.experian.com
(0M1070001 07_06_21
Please use blue or black ink to complete form
NAME CHANGE |
Last | | | | | | | |
|
First | MI |
ADDRESS CHANGE Street | |
| LI | | | |
l | | | | | | | | | | | | | | | |
city |_| | | | | | | | | | | | | | | | | | | | | | State |_| | ZipCode LLLL1 |
Home Phone cl | | Jy | | -| | | | | Business Phone Cl | | JI | | J-| | | | |
SIGNATURE REQUIRED
TO AUTHORIZE CHANGES Signature
MORGAN H STEPHENS
Account Number:
vee eee XXXX XXXX XXXX 8449 mastercard.
Closing Date: June 2, 2022
YOUR ACCOUNT WILL SOON BE CHARGED OFF. YOU CAN
AVOID THIS ACTION BY CALLING 1-866-513-4614.
Your account is currently closed
FOR A FREE, EASY AND SECURE WAY TO ACCESS YOUR CREDIT CARD.
ACCOUNT, VISIT WWW.SURGECARDINFO.COM
FEATURES INCLUDE ELECTRONIC STATEMENT DELIVERY, VIEW CURRENT
TRANSACTION INFORMATION, MAKE PAYMENTS AND MUCH MORE!
1070 Ms 001 7 2 220602 o EX PAGE 2013 10 1293 0000 0533.
EXHIBIT B
BILL OF SALE
The undersigned, CONTINENTAL FINANCE COMPANY, LLC and Continental
Purchasing, LLC (collectively, the "Assignor") on and as of the date hereof hereby absolutely sell,
transfer, assign, set-over, quitclaim and convey to CKS Prime Investments, LLC, a limited liability
company organized under the laws of Virginia ("Assignee") without recourse and without
representations or warranties of any type, kind, character or nature, express or implied, all of Assignors’
respective right, title and interest in and to each of the accounts identified in the Closing File attached
hereto labeled as Exhibit | (the "Accounts"), together with the right to all principal, interest or other
proceeds of any kind with respect to the Accounts remaining due and owing as of the Cut-Off Date
applicable to such Accounts as set forth in the Purchase and Sale Agreement entered into by Continental
Finance Company, LLC and Assignee dated July 24, 2019 (the “PSA”), pursuant to which the Accounts
are being sold (including but not limited to proceeds derived from the conversion, voluntary or
involuntary, of any of the Loans into cash or other liquidated property). Unless otherwise defined
herein, all capitalized terms used herein shall have the meanings attributed to them by the PSA.
Dated this 28th day of July, 2022.
CONTINENTAL FINANCE COMPANY, LLC
Sé rly
By:
Name: Stephen McSorley
Title: President
CONTINENTAL PURCHASING, LLC
Sé- v1
By:
Name: Stephen McSorley
Title: President
EXHIBIT A-
Exhibit 1
As referred to in the corresponding Bill of Sale, the attached Closing File referenced that was received at
the time of sale is the computer file named Lot22-740_Continental_Final Data.xlsx.
BILL OF SALE
The undersigned, CELTIC BANK, a state chartered bank (the "Assignor") on and as of the date hereof
hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to CONTINENTAL PURCHASING,
LLC, a Delaware limited liability company ("Assignee") without recourse and without representations or warranties
of any type, kind, character or nature, express or implied, all of Assignor’ right, title and interest in and to each of the
Defaulted Accounts identified in the closing file attached hereto, labeled as Exhibit 1, together with the right to
collect all principal, interest or other proceeds of any kind with respect to the Defaulted Accounts remaining due and
owing as of the closing date applicable to such Defaulted Accounts, and in each case along with all related Cards,
Cardholder Agreements, and all other assets in respect of such Defaulted Accounts and Receivables pursuant to and
in accordance with the terms of the Receivables Purchase Agreement entered into by the Assignor and Assignee
dated as of November 19, 2014, and hereinafter referred to as the “RPA”. Unless otherwise defined herein, all
capitalized terms used herein shall have the meanings attributed to them by the RPA.
Dated this Ist day of July, 2022.
CELTIC BANK
By:7*“ Pawig
Name: Jake Barney
Title: CFO
CONTINENTAL PURCHASING, LLC
By: SKA MS ¢
Name: Stephen McSorley
Title: President
Exhibit 1
As referred to in the corresponding Bill of Sale, the attached Closing File referenced that
was received at the time of sale is the computer file named “Chargeoff_Celtic_30JUN2022”
Bill of Sale_Celtic_Continental Purchasing_Char
geoffs 070122
Final Audit Report 2022-07-26
Created: 2022-07-26
By: Brad Ziegler (bziegler@celticbank.com)
Status: Signed
Transaction ID: CBJCHBCAABAAPy3bIti0v00J8G6LDEqwSH5ZZGOmZxmC_
"Bill of Sale_Celtic_Continental Purchasing_Chargeoffs 070122"
History
®) Document created by Brad Ziegler (bziegler@celticbank.com)
2022-07-26 - 1:39:43 PM GMT- IP address: 198.8.77.114
© Document emailed to Jake Barney (jbarney@celticbank.com) for signature
2022-07-26 - 1:39:56 PM GMT
©) Email viewed by Jake Barney (jbarney@celticbank.com)
2022-07-26 - 2:59:00 PM GMT- IP address: 203.109.63.200
@% Document e-signed by Jake Barney (jbarney@celticbank.com)
Signature Date: 2022-07-26 - 2:59:18 PM GMT - Time Source: server- IP address: 107.1.254.234
@ Agreement completed.
2022-07-26 - 2:59:18 PM GMT
Adobe Acrobat Sign
BILL OF SALE
The undersigned, CELTIC BANK, a state chartered bank (the "Assignor") on and as of the date hereof
hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to CONTINENTAL PURCHASING,
LLC, a Delaware limited liability company ("Assignee") without recourse and without representations or warranties
of any type, kind, character or nature, express or implied, all of Assignor’ right, title and interest in and to each of the
Defaulted Accounts identified in the closing file attached hereto, labeled as Exhibit 1, together with the right to
collect all principal, interest or other proceeds of any kind with respect to the Defaulted Accounts remaining due and
owing as of the closing date applicable to such Defaulted Accounts, and in each case along with all related Cards,
Cardholder Agreements, and all other assets in respect of such Defaulted Accounts and Receivables pursuant to and
in accordance with the terms of the Receivables Purchase Agreement entered into by the Assignor and Assignee
dated as of November 19, 2014, and hereinafter referred to as the “RPA”. Unless otherwise defined herein, all
capitalized terms used herein shall have the meanings attributed to them by the RPA.
Dated this Ist day of July, 2022.
CELTIC BANK
By:7*“ Pawig
Name: Jake Barney
Title: CFO
CONTINENTAL PURCHASING, LLC
By: SKA MS ¢
Name: Stephen McSorley
Title: President
Exhibit 1
As referred to in the corresponding Bill of Sale, the attached Closing File referenced that
was received at the time of sale is the computer file named “Chargeoff_Celtic_30JUN2022”
Bill of Sale_Celtic_Continental Purchasing_Char
geoffs 070122
Final Audit Report 2022-07-26
Created: 2022-07-26
By: Brad Ziegler (bziegler@celticbank.com)
Status: Signed
Transaction ID: CBJCHBCAABAAPy3bIti0v00J8G6LDEqwSH5ZZGOmZxmC_
"Bill of Sale_Celtic_Continental Purchasing_Chargeoffs 070122"
History
®) Document created by Brad Ziegler (bziegler@celticbank.com)
2022-07-26 - 1:39:43 PM GMT- IP address: 198.8.77.114
© Document emailed to Jake Barney (jbarney@celticbank.com) for signature
2022-07-26 - 1:39:56 PM GMT
©) Email viewed by Jake Barney (jbarney@celticbank.com)
2022-07-26 - 2:59:00 PM GMT- IP address: 203.109.63.200
@% Document e-signed by Jake Barney (jbarney@celticbank.com)
Signature Date: 2022-07-26 - 2:59:18 PM GMT - Time Source: server- IP address: 107.1.254.234
@ Agreement completed.
2022-07-26 - 2:59:18 PM GMT
Adobe Acrobat Sign
LotNo I System | AcctNo I Token l suffix_account Name
LOT22-740 FDR 449 S449 449 STEPHENS, MORGAN H
[uname | FNAME _ | SSN Address 1 | Address 2 | City I State | Zip |
STEPHENS MORGAN H MRE 6SO SKYLARK LN NW PORT CHARLOTTE FL 339525127
[ HomePh | WorkPh | CellPh | DOB [ Credit Limit | OpenDate | Balance |
I/1996 0:00 750 12/1/20200:00 1060.91
[Open CYC Merch NBint | Open CYC Merch Bint | Curr CTD Merch Prin | Curr CTD Cash Prin |
[Open CYC Cash Prin | LstPayAmt | LstPayDte | Date First Delq | Merch APR | Cash APR | Pend BK] Interest |
105.00 12/21/2021 44,594.00 26.65 26.65
[Annual | Other Fees | Principal] ChgOffType | ChgOffAmt | ChgOffDte | Payment History |
655.88 97 1060.91 6/30/2022 0:00 7654321Q1IBI
| Email Address [RefNo | Ref Date | First Name | MI] Last Name | Suffix | ESign]
er 413470507 MORGAN H STEPHENS
| App_BirthDate l App_HomePhone l App_WorkPhone | App_CellPhone l App_Cell Carrier |
[own Rent Flag | Checking | Savings | Deb Cred] Employment Length | App_Address 1 ]
1 650 Skylark Lane NW
| App_Address 2 l App_City l App_State l App_Zip | App_Email Address | Lender | Program |
Port Charlotte FL 33952 Celtic Bank Vi
[ Original Lender | Brand] do_not_call | DueDil Acct ID | Purchase Price (%) | Calc_Sale Pri
Celtic Bank Surge 2333 az
BILL OF SALE
The undersigned, CONTINENTAL FINANCE COMPANY, LLC and Continental
Purchasing, LLC (collectively, the "Assignor") on and as of the date hereof hereby absolutely sell,
transfer, assign, set-over, quitclaim and convey to CKS Prime Investments, LLC, a limited liability
company organized under the laws of Virginia ("Assignee") without recourse and without
representations or warranties of any type, kind, character or nature, express or implied, all of Assignors’
respective right, title and interest in and to each of the accounts identified in the Closing File attached
hereto labeled as Exhibit | (the "Accounts"), together with the right to all principal, interest or other
proceeds of any kind with respect to the Accounts remaining due and owing as of the Cut-Off Date
applicable to such Accounts as set forth in the Purchase and Sale Agreement entered into by Continental
Finance Company, LLC and Assignee dated July 24, 2019 (the “PSA”), pursuant to which the Accounts
are being sold (including but not limited to proceeds derived from the conversion, voluntary or
involuntary, of any of the Loans into cash or other liquidated property). Unless otherwise defined
herein, all capitalized terms used herein shall have the meanings attributed to them by the PSA.
Dated this 28th day of July, 2022.
CONTINENTAL FINANCE COMPANY, LLC
Sé rly
By:
Name: Stephen McSorley
Title: President
CONTINENTAL PURCHASING, LLC
Sé- v1
By:
Name: Stephen McSorley
Title: President
EXHIBIT A-
Exhibit 1
As referred to in the corresponding Bill of Sale, the attached Closing File referenced that was received at
the time of sale is the computer file named Lot22-740_Continental_Final Data.xlsx.
LotNo I System | AcctNo I Token l suffix_account Name
LOT22-740 FDR 449 S449 449 STEPHENS, MORGAN H
[uname | FNAME _ | SSN Address 1 | Address 2 | City I State | Zip |
STEPHENS MORGAN H MRE 6SO SKYLARK LN NW PORT CHARLOTTE FL 339525127
[ HomePh | WorkPh | CellPh | DOB [ Credit Limit | OpenDate | Balance |
I/1996 0:00 750 12/1/20200:00 1060.91
[Open CYC Merch NBint | Open CYC Merch Bint | Curr CTD Merch Prin | Curr CTD Cash Prin |
[Open CYC Cash Prin | LstPayAmt | LstPayDte | Date First Delq | Merch APR | Cash APR | Pend BK] Interest |
105.00 12/21/2021 44,594.00 26.65 26.65
[Annual | Other Fees | Principal] ChgOffType | ChgOffAmt | ChgOffDte | Payment History |
655.88 97 1060.91 6/30/2022 0:00 7654321Q1IBI
| Email Address [RefNo | Ref Date | First Name | MI] Last Name | Suffix | ESign]
er 413470507 MORGAN H STEPHENS
| App_BirthDate l App_HomePhone l App_WorkPhone | App_CellPhone l App_Cell Carrier |
[own Rent Flag | Checking | Savings | Deb Cred] Employment Length | App_Address 1 ]
1 650 Skylark Lane NW
| App_Address 2 l App_City l App_State l App_Zip | App_Email Address | Lender | Program |
Port Charlotte FL 33952 Celtic Bank Vi
[ Original Lender | Brand] do_not_call | DueDil Acct ID | Purchase Price (%) | Calc_Sale Pri
Celtic Bank Surge 2333 az
Preview
Filing # 185610985 E-Filed 11/07/2023 10:15:38 AM MLG - 4732871 IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA SMALL CLAIMS DIVISION CASE NO. 11/07/2023 CKS PRIME INVESTMENTS, LLC Plaintiff, vs. MORGAN H STEPHENS Defendant. STATEMENT OF CLAIM COMES NOW the Plaintiff, CKS PRIME INVESTMENTS, LLC, by and through its undersigned attorney, sues Defendant MORGAN H STEPHENS , and alleges: GENERAL ALLEGATIONS This is an action for damages in an amount less than or equal to $8,000.00, exclusive of interest, costs and attorney fees, and comes within the jurisdiction of this Court. Plaintiff is a foreign corporation authorized to bring this action pursuant to Fla. Stat. § 607.1501 (2)(a). Defendant is a resident of CHARLOTTE County, Florida. All conditions precedent to the bringing of this action has been performed, have occurred or have been waived. COUNT I (ACCOUNT STATED) Plaintiff incorporates and realleges paragraphs 1-4. Defendant made purchases and/or received cash advances utilizing credit extended by CELTIC BANK (the 'Creditor’) , account number XXXXXXXXXXXX8449. In accordance with the transactions made by Defendant on the account (the 'Account') heretofore mentioned, Creditor and Defendant agreed to the resulting balance. Creditor rendered statement(s) of the Account to Defendant, copies of which are attached hereto and incorporated herein as Exhibit 'A', and Defendant did not object to the statement(s). Defendant failed and/or refused to pay for said purchases or cash advances as agreed, or otherwise. 10. Plaintiff has purchased the debt incurred by Defendant and now owns and holds all rights relative thereto, as evidenced by a copy of the ownership transfer documents attached hereto and incorporated herein as Exhibit 'B'. 11. Defendant owes Plaintiff $1,060.91. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $1,060.91 plus costs, and such other and further relief as the Court may deem just and proper. COUNT II (UNJUST ENRICHMENT) 12. Plaintiff incorporates and realleges paragraphs 1-4 and paragraph 10. 13 The Creditor has conferred a benefit on Defendant by providing credit for cash advances, products and/or goods and services. 14 Defendant has knowledge of the benefit and the use thereof by Defendant constitutes an unjust enrichment of Defendant at Plaintiff's expense. 15 Defendant has accepted or retained the benefit conferred and the circumstances are such that it would be inequitable for the Defendant to retain the benefit without paying fair value for it. Defendant has failed to pay for said benefit and Defendant has therefore been unjustly enriched. 16. As a result of the unjust enrichment of Defendant, Plaintiff has been damaged in an amount in equal to $1,060.91. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $1,060.91 plus costs, and such other and further relief as the Court may deem just and proper. Mandarich Law Group, LLP /s/ Carolyn Karettis, Esq. Harold E. Scherr, Esq. FBN 240486 P.O. Box 952289 Hillarey McCall, Esq. FBN 607525 Lake Mary, FL 32795 Michelle K. Hines, Esq. FBN 85092 Phone: 407-995-3004 Maxxwell Tyler Hamilton, Esq. FBN 95985 Facsimile: 407-583-4964 Hunter Masin, Esq. FBN 1028137 florida@mandarichlaw.com Carolyn Karettis, Esq. FBN 0660876 Attorneys for Plaintiff Ryan Enage, Esq. FBN 1038439 DESIGNATION OF EMAIL ADDRESS Pursuant to Fla. R. Jud. Admin. 2.516 Plaintiff's Counsel hereby designates florida@mandarichlaw.com as its primary email address for the receipt of pleadings. EXHIBIT A MORGAN H STEPHENS. Account Number: vo Joes XXXX XXXX XXXX 8449 mastercard. Closing Date: June 2, 2022 "ACCOUNT SUMMARY == Account Number XXXX XXXX XXXX 8449 PAYMENTINFORMATION, New Balance $1,060.91 Credit Limit $750.00 Minimum Payment Due $422.00 Credit Available $0 Payment Due Date June 27, 2022 Days this Billing Cycle 31 Late Payment Warning: If we do not receive your minimum payment by the Statement Closing Date June 02, 2022 date listed above, you may have to pay up toa $40.00 ate tee. Amount Past Due $339.00 Previous Balance $999.14 Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your Payments $0.00 balance. For example: Credits $0.00 Purchases $0.00 Fees $40.00 Cash Advances $0.00 Only the minimum, 1,284.00 payment 2 years INTEREST CHARGES $21.77 New Balance If you would like information about credit counseling services, call $1,060.91 1-877-271-1764 Mall Payments SURGE to: Cardholder Services 1-866-449-4514 ind Cardholder Services Lost or Stolen 1-800-556-5678 PO Box 3220 PO Box 6812 Buffalo NY 14240 Carol Stream IL 60197-6812 Account Ac! ity Since Last Statement Trans Date Post Date Reference Number Transaction Description Amount Fees & Other Charges 05/29 05/29 LATE FEE 40.00 TOTAL FEES FOR THIS PERIOD 40.00 Interest Charges 06/02 06/02 Interest Charge on Purchases 21.77 06/02 06/02 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 21.77 Total fees charged in 2022 $294.00 Total interest charged in 2022 $111.03 CINTEREST CHARGES Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate Balance Subject to Type of Balance ) Interest Rate Interest Charge Purchases. 26.15% (v) $999.14 $21.77 Cash Advances 26.15% (v) $0.00 $0.00 (v) = Variable Rate Balance Calculation Method: See reverse side of page 1 for explanation of how the balances subject to interest rate is calculated. We will not charge you interest on purchases if you pay your entire balance by the payment due date. Visit us on the web at: WWW.SURGECARDINFO.com NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION AND BILLING RIGHTS SUMMARY. 1070 MsH 01 7 2 220602 ° EX PAGE 1 of M050: PLEASE DETACH COUPON AND RETURN PAYMENT USING THE ENCLOSED ENVELOPE - ALLOW 5 DAYS FOR MAIL DELIVERY SURGE PO BOX 6812 Account Number: XXXK XXX XXXX 8449 Carol Stream IL 60197-6812 New Balance: $1,060.91 Minimum Payment Due: $422.00 Payment Due Date: Check box to indicate address Amount Enclosed: change on back of this coupon Mail Payments to: SURGE SURGE MORGAN H STEPHENS PO Box 6812 650 SKYLARK LN NW Carol Stream IL 60197-6812 PORT CHARLOTTE FL 33952-5127 PT le et Pall Ie ul TET hi ui "hh Interest Charge Calculation and Determination of the Balance Subject to the Interest Rate The amount of interest charged is determined separately for purchases, cash advances and balance transfers and is calculated by applying the monthly periodic rate to the respective balance subject to interest rate. The monthly periodic rate is determined by dividing the Annual Percentage Rate applicable to the type of balance by 12. The Balance Subject to intere: Rate is calculated separate! for purchases, cash advances and balance transfers and is figured by adding the respective outstai ling cycle, and then dividing the sum of the daily balances by the number of days in the billing cycle. “Sach daily outstanding balance is determined by adding to the previous days balance the amount of new balance for each day of the purchases, new cash advances, or new balance transfers, respectively and deducting payments and credits. Payment Crediting and Credit Balance. Payments received by 5:00 p.m. prevailing Eastern Time at the location specified on the front of the statement after the phrase “MAIL PAYMENTS TO" will be credited as the date of receipt to the account specified on the payment coupon. Payments received at locations other than the address specified or payments that do not conform to the requirements set forth ‘on or with the periodic statement (e.g. missing payment stub, payment envelope other than as provided with your statement, multiple checks or multipie coupons in the same envelope) may be subject to delay in crediting, but shall be credited within five days of receipt. if there is a credit balance due on your account, you may request, in writing, a full refund. Submit your request to the address indicated ‘on the front of this statement after the phrase "SEND CORRESPONDENCE TO.” By sending your check, you are authorizing the use of the information on your check to make a one-time electronic debit from the account to which the check is drawn. This electronic debit, which may be posted to your account as early as the date your check is received, will be only for the amount of your check. The original check will be destroyed, and we will retain its image in our records. if you have guestions please call the Cardholder Services number on the tront of this billing statement. If your account has been assessed an annual fee, you may avoid paying this annual fee by sending written notification of termination, within 30 days following the mailing date of this statement to the address found indicated on the front of this statement after the phrase “SEND CORRESPONDENCE TO’ You may use your card(s) during this 30 day period but immediately thereafter must send your card(s), which you have cut in half, to this same address. Negative Credit Reports. We may report information about your accountto credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. What To Do If You Think You Find A Mistake On Your Statement if you think there is an error on your statement, write to us at the “SEND CORRESPONDENCE TO” address shown on the front of this statement. In your letter, give us the following information: . Account information: Your name and account number. . Dollar amount: The dollar amount of the suspected error. . Description of Problem: if you think there is an error on your bill, describe what you believe is wrong and why you believe itis a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: . We cannottry to collectthe amount in question, or report you as delinquent on that amount. . The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. . While you do not have to pay the amount in question, you are responsible for the remainder of your balance. . We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases if you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neitherof these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the “SEND CORRESPONDENCE TO" address shown on the front of this statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. About your VantageScore® Credit Score Your VantageScore® credit score is based on information in your Experian credit report, so it's important to make sure that report is accurate. Remember, your VantageScore® credit score reflects a general snapshot of your credit history at a specific point in time and can be influenced by payment history, amount owed, length of credit history, new credit opened, types of credit, and other factors found on your account. It can fluctuate month to month. However, if you believe there is an error, you can: a.Request your free annual Experian credit report at www.annualcreditreport.com b. After reviewing your report, if you find inaccurate information that may have affected your score, you can dispute your Experian credit report at www.experian.com (0M1070001 07_06_21 Please use blue or black ink to complete form NAME CHANGE | Last | | | | | | | | | First | MI | ADDRESS CHANGE Street | | | LI | | | | l | | | | | | | | | | | | | | | | city |_| | | | | | | | | | | | | | | | | | | | | | State |_| | ZipCode LLLL1 | Home Phone cl | | Jy | | -| | | | | Business Phone Cl | | JI | | J-| | | | | SIGNATURE REQUIRED TO AUTHORIZE CHANGES Signature MORGAN H STEPHENS Account Number: vee eee XXXX XXXX XXXX 8449 mastercard. Closing Date: June 2, 2022 YOUR ACCOUNT WILL SOON BE CHARGED OFF. YOU CAN AVOID THIS ACTION BY CALLING 1-866-513-4614. Your account is currently closed FOR A FREE, EASY AND SECURE WAY TO ACCESS YOUR CREDIT CARD. ACCOUNT, VISIT WWW.SURGECARDINFO.COM FEATURES INCLUDE ELECTRONIC STATEMENT DELIVERY, VIEW CURRENT TRANSACTION INFORMATION, MAKE PAYMENTS AND MUCH MORE! 1070 Ms 001 7 2 220602 o EX PAGE 2013 10 1293 0000 0533. EXHIBIT B BILL OF SALE The undersigned, CONTINENTAL FINANCE COMPANY, LLC and Continental Purchasing, LLC (collectively, the "Assignor") on and as of the date hereof hereby absolutely sell, transfer, assign, set-over, quitclaim and convey to CKS Prime Investments, LLC, a limited liability company organized under the laws of Virginia ("Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, all of Assignors’ respective right, title and interest in and to each of the accounts identified in the Closing File attached hereto labeled as Exhibit | (the "Accounts"), together with the right to all principal, interest or other proceeds of any kind with respect to the Accounts remaining due and owing as of the Cut-Off Date applicable to such Accounts as set forth in the Purchase and Sale Agreement entered into by Continental Finance Company, LLC and Assignee dated July 24, 2019 (the “PSA”), pursuant to which the Accounts are being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property). Unless otherwise defined herein, all capitalized terms used herein shall have the meanings attributed to them by the PSA. Dated this 28th day of July, 2022. CONTINENTAL FINANCE COMPANY, LLC Sé rly By: Name: Stephen McSorley Title: President CONTINENTAL PURCHASING, LLC Sé- v1 By: Name: Stephen McSorley Title: President EXHIBIT A- Exhibit 1 As referred to in the corresponding Bill of Sale, the attached Closing File referenced that was received at the time of sale is the computer file named Lot22-740_Continental_Final Data.xlsx. BILL OF SALE The undersigned, CELTIC BANK, a state chartered bank (the "Assignor") on and as of the date hereof hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to CONTINENTAL PURCHASING, LLC, a Delaware limited liability company ("Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, all of Assignor’ right, title and interest in and to each of the Defaulted Accounts identified in the closing file attached hereto, labeled as Exhibit 1, together with the right to collect all principal, interest or other proceeds of any kind with respect to the Defaulted Accounts remaining due and owing as of the closing date applicable to such Defaulted Accounts, and in each case along with all related Cards, Cardholder Agreements, and all other assets in respect of such Defaulted Accounts and Receivables pursuant to and in accordance with the terms of the Receivables Purchase Agreement entered into by the Assignor and Assignee dated as of November 19, 2014, and hereinafter referred to as the “RPA”. Unless otherwise defined herein, all capitalized terms used herein shall have the meanings attributed to them by the RPA. Dated this Ist day of July, 2022. CELTIC BANK By:7*“ Pawig Name: Jake Barney Title: CFO CONTINENTAL PURCHASING, LLC By: SKA MS ¢ Name: Stephen McSorley Title: President Exhibit 1 As referred to in the corresponding Bill of Sale, the attached Closing File referenced that was received at the time of sale is the computer file named “Chargeoff_Celtic_30JUN2022” Bill of Sale_Celtic_Continental Purchasing_Char geoffs 070122 Final Audit Report 2022-07-26 Created: 2022-07-26 By: Brad Ziegler (bziegler@celticbank.com) Status: Signed Transaction ID: CBJCHBCAABAAPy3bIti0v00J8G6LDEqwSH5ZZGOmZxmC_ "Bill of Sale_Celtic_Continental Purchasing_Chargeoffs 070122" History ®) Document created by Brad Ziegler (bziegler@celticbank.com) 2022-07-26 - 1:39:43 PM GMT- IP address: 198.8.77.114 © Document emailed to Jake Barney (jbarney@celticbank.com) for signature 2022-07-26 - 1:39:56 PM GMT ©) Email viewed by Jake Barney (jbarney@celticbank.com) 2022-07-26 - 2:59:00 PM GMT- IP address: 203.109.63.200 @% Document e-signed by Jake Barney (jbarney@celticbank.com) Signature Date: 2022-07-26 - 2:59:18 PM GMT - Time Source: server- IP address: 107.1.254.234 @ Agreement completed. 2022-07-26 - 2:59:18 PM GMT Adobe Acrobat Sign BILL OF SALE The undersigned, CELTIC BANK, a state chartered bank (the "Assignor") on and as of the date hereof hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to CONTINENTAL PURCHASING, LLC, a Delaware limited liability company ("Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, all of Assignor’ right, title and interest in and to each of the Defaulted Accounts identified in the closing file attached hereto, labeled as Exhibit 1, together with the right to collect all principal, interest or other proceeds of any kind with respect to the Defaulted Accounts remaining due and owing as of the closing date applicable to such Defaulted Accounts, and in each case along with all related Cards, Cardholder Agreements, and all other assets in respect of such Defaulted Accounts and Receivables pursuant to and in accordance with the terms of the Receivables Purchase Agreement entered into by the Assignor and Assignee dated as of November 19, 2014, and hereinafter referred to as the “RPA”. Unless otherwise defined herein, all capitalized terms used herein shall have the meanings attributed to them by the RPA. Dated this Ist day of July, 2022. CELTIC BANK By:7*“ Pawig Name: Jake Barney Title: CFO CONTINENTAL PURCHASING, LLC By: SKA MS ¢ Name: Stephen McSorley Title: President Exhibit 1 As referred to in the corresponding Bill of Sale, the attached Closing File referenced that was received at the time of sale is the computer file named “Chargeoff_Celtic_30JUN2022” Bill of Sale_Celtic_Continental Purchasing_Char geoffs 070122 Final Audit Report 2022-07-26 Created: 2022-07-26 By: Brad Ziegler (bziegler@celticbank.com) Status: Signed Transaction ID: CBJCHBCAABAAPy3bIti0v00J8G6LDEqwSH5ZZGOmZxmC_ "Bill of Sale_Celtic_Continental Purchasing_Chargeoffs 070122" History ®) Document created by Brad Ziegler (bziegler@celticbank.com) 2022-07-26 - 1:39:43 PM GMT- IP address: 198.8.77.114 © Document emailed to Jake Barney (jbarney@celticbank.com) for signature 2022-07-26 - 1:39:56 PM GMT ©) Email viewed by Jake Barney (jbarney@celticbank.com) 2022-07-26 - 2:59:00 PM GMT- IP address: 203.109.63.200 @% Document e-signed by Jake Barney (jbarney@celticbank.com) Signature Date: 2022-07-26 - 2:59:18 PM GMT - Time Source: server- IP address: 107.1.254.234 @ Agreement completed. 2022-07-26 - 2:59:18 PM GMT Adobe Acrobat Sign LotNo I System | AcctNo I Token l suffix_account Name LOT22-740 FDR 449 S449 449 STEPHENS, MORGAN H [uname | FNAME _ | SSN Address 1 | Address 2 | City I State | Zip | STEPHENS MORGAN H MRE 6SO SKYLARK LN NW PORT CHARLOTTE FL 339525127 [ HomePh | WorkPh | CellPh | DOB [ Credit Limit | OpenDate | Balance | I/1996 0:00 750 12/1/20200:00 1060.91 [Open CYC Merch NBint | Open CYC Merch Bint | Curr CTD Merch Prin | Curr CTD Cash Prin | [Open CYC Cash Prin | LstPayAmt | LstPayDte | Date First Delq | Merch APR | Cash APR | Pend BK] Interest | 105.00 12/21/2021 44,594.00 26.65 26.65 [Annual | Other Fees | Principal] ChgOffType | ChgOffAmt | ChgOffDte | Payment History | 655.88 97 1060.91 6/30/2022 0:00 7654321Q1IBI | Email Address [RefNo | Ref Date | First Name | MI] Last Name | Suffix | ESign] er 413470507 MORGAN H STEPHENS | App_BirthDate l App_HomePhone l App_WorkPhone | App_CellPhone l App_Cell Carrier | [own Rent Flag | Checking | Savings | Deb Cred] Employment Length | App_Address 1 ] 1 650 Skylark Lane NW | App_Address 2 l App_City l App_State l App_Zip | App_Email Address | Lender | Program | Port Charlotte FL 33952 Celtic Bank Vi [ Original Lender | Brand] do_not_call | DueDil Acct ID | Purchase Price (%) | Calc_Sale Pri Celtic Bank Surge 2333 az BILL OF SALE The undersigned, CONTINENTAL FINANCE COMPANY, LLC and Continental Purchasing, LLC (collectively, the "Assignor") on and as of the date hereof hereby absolutely sell, transfer, assign, set-over, quitclaim and convey to CKS Prime Investments, LLC, a limited liability company organized under the laws of Virginia ("Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, all of Assignors’ respective right, title and interest in and to each of the accounts identified in the Closing File attached hereto labeled as Exhibit | (the "Accounts"), together with the right to all principal, interest or other proceeds of any kind with respect to the Accounts remaining due and owing as of the Cut-Off Date applicable to such Accounts as set forth in the Purchase and Sale Agreement entered into by Continental Finance Company, LLC and Assignee dated July 24, 2019 (the “PSA”), pursuant to which the Accounts are being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property). Unless otherwise defined herein, all capitalized terms used herein shall have the meanings attributed to them by the PSA. Dated this 28th day of July, 2022. CONTINENTAL FINANCE COMPANY, LLC Sé rly By: Name: Stephen McSorley Title: President CONTINENTAL PURCHASING, LLC Sé- v1 By: Name: Stephen McSorley Title: President EXHIBIT A- Exhibit 1 As referred to in the corresponding Bill of Sale, the attached Closing File referenced that was received at the time of sale is the computer file named Lot22-740_Continental_Final Data.xlsx. LotNo I System | AcctNo I Token l suffix_account Name LOT22-740 FDR 449 S449 449 STEPHENS, MORGAN H [uname | FNAME _ | SSN Address 1 | Address 2 | City I State | Zip | STEPHENS MORGAN H MRE 6SO SKYLARK LN NW PORT CHARLOTTE FL 339525127 [ HomePh | WorkPh | CellPh | DOB [ Credit Limit | OpenDate | Balance | I/1996 0:00 750 12/1/20200:00 1060.91 [Open CYC Merch NBint | Open CYC Merch Bint | Curr CTD Merch Prin | Curr CTD Cash Prin | [Open CYC Cash Prin | LstPayAmt | LstPayDte | Date First Delq | Merch APR | Cash APR | Pend BK] Interest | 105.00 12/21/2021 44,594.00 26.65 26.65 [Annual | Other Fees | Principal] ChgOffType | ChgOffAmt | ChgOffDte | Payment History | 655.88 97 1060.91 6/30/2022 0:00 7654321Q1IBI | Email Address [RefNo | Ref Date | First Name | MI] Last Name | Suffix | ESign] er 413470507 MORGAN H STEPHENS | App_BirthDate l App_HomePhone l App_WorkPhone | App_CellPhone l App_Cell Carrier | [own Rent Flag | Checking | Savings | Deb Cred] Employment Length | App_Address 1 ] 1 650 Skylark Lane NW | App_Address 2 l App_City l App_State l App_Zip | App_Email Address | Lender | Program | Port Charlotte FL 33952 Celtic Bank Vi [ Original Lender | Brand] do_not_call | DueDil Acct ID | Purchase Price (%) | Calc_Sale Pri Celtic Bank Surge 2333 az