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FILED
1 CIT ES 7/16/2020 2:54 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kayla Buckley DEPUTY
CAUSE N0.DC-20-09703
CAUSE N0.
WELLS
WELLS FARGO
FARGO BANK, NA,
NA, §§ IN THE DISTRICT
IN THE COURT
DISTRICT COURT
Plaintiff,
Plaintiff, g
V. gg H-160TH JUDICIAL
JUDICIAL DISTRICT
DISTRICT
CARL EDWARDS, gg
Defendant. gg DALLAS COUNTY,
DALLAS TEXAS
COUNTY, TEXAS
ORIGINAL PETITION
PLAINTIFF'S ORIGINAL PETITION
TO THE
TO THE HONORABLE JUDGE OF
HONORABLE JUDGE OF SAID COURT:
COURT:
NOW COMES
NOW COMES Wells Fargo Bank, NA
NA (hereinafter referred to as “Plaintiff”), and
and files
files
this its Original Petition complaining of Carl Edwards (hereinafter
(hereinafier referred to as “Defendant”),
show unto the Court
and for cause of action Plaintiff would respectfully show Court the following:
I.
DISCOVERY CONTROL PLAN
DISCOVERY CONTROL PLAN
AND PROCESS
PARTIES AND PROCESS
1. Plaintiff requests that discovery be conducted under Level 2 of Rule
Rule 190.
2.
2. Plaintiff is a South Dakota national banking association
Plaintiff is a association registered
registered to
to do
do business
in the State of Texas.
Texas.
3.
3. Defendant Carl Edwards is an individual who may
is may be
be served with process at 4036
4036
St, Dallas Tx 75212-121
Esmalda St, 75212-1215.
5.
4.
4. only
Plaintiff seeks only monetary relief of
monetary of $100,000.00
$100,000.00 or
or less, including damages
less, including damages of
of
any kind, penalties, costs,
any costs, expenses,
expenses, pre-judgment
pre—judgment interest,
interest, and
and attorney
attorney fees.
fees.
PLAINTIFF’S ORIGINAL PETITION PAGE
PAGE I
l
273520-1568]
ll.
AND VENUE
JURISDICTION AND
JURISDICTION VENUE
5. Jurisdiction is proper, because the
is the amount in controversy exceeds the
jurisdictional minimum of this Court. Venue
Venue is proper
proper in Dallas County
County because Defendant
resides in Dallas County,
County, Texas.
6. Plaintiff has fully performed all of its duties and obligations under the Account.
All
A11 conditions precedent to the institution of this suit and Plaintist
Plaintifl"s recovery have been
or have occurred.
performed, satisfied or
performed,
III.
BREACH OF
BREACH CONTRACT
OF CONTRACT
7. Defendant, Carl Edwards, for value received, made, executed and delivered to
received, made,
Plaintiff a Wells Fargo Consumer Credit Card Customer Agreement and Disclosure Statement
On or about 08/30/2000, Defendant accessed the
evidencing a Line of Credit (the “Account”). On
Line of Credit. The Account provided for Defendant to make payments
payments to Plaintiff of all
principal and interest. 0f the Account are more particularly described
The complete terms of
therein and incorporated herein by
by reference for all purposes.
8. Defendant failed to abide by
by the terms of the Account by
by failing and refusing to
afier receiving demand from
make payments as required under the terms of the Account after
Plaintiff. Defendant was duly notified of such default under the Account and payment
payment was
demanded, but Defendant failed to cure same. All
A11 amounts due under the Account have been
demanded by
by Plaintiff.
9. Plaintiff is the legal owner and holder of the Account. Plaintiff seeks recovery of
the entire, unpaid principal balance of the Account. As a result of Defendant’s default, there is
is
now due, owing and unpaid from Defendant to Plaintiff the amount of $13,267.25.
PLAINTIFF’S ORIGINAL PETITION PAGE
PAGE 2
273520-1568!
IV.
IV.
SECOND CAUSE
SECOND CAUSE OF ACCOUNT STATED
0F ACTION ACCOUNT STATED
10. alternative, Plainfifi
Pleading in the alternative, Plaintiff alleges it should recover from Defendant
alleges that it
on
on an
an account
account stated theory of
stated theoxy of recovery.
recovery. Plaintifi recovery because a series of
Plaintiff is entitled to recovery
transactions parties gave
transactions between the parties gave rise
rise to the indebtedness
indebtedness 0f An
of Defendant to Plaintiff. An
agreement exists between Plaintiff and Defendant which establishes the amount due. As part of
the agreement governing the Account, the Defendant made a promise to pay
pay the debt and has
failed to pay.
pay.
11.
11. All just
All just lawful offsets, credits,
credits, and payments have been applied.
and payments The amount now
due, owing and unpaid from Defendant to Plaintiff the amount of $13,267.25.
due,
V.
FOR ATTORNEY’S FEES
REQUEST FOR
REQUEST
12. show that it
Plaintiff would further show it has necessarily delivered said Account to the
undersigned attorneys for collection and employed them to prosecute this case, for which
Plaintiff has agreed to pay reasonable attomey’s fees, judgment for which Plaintiff prays
to pay
& Rem. Code, Section 38.001, et seq., and the terms of the Account.
pursuant to Tex. Civ. Prac. &
Additionally, Plaintiff requests that all attomey’s fees involved in the appellate process, if same
becomes
becomes necessary.
necessary.
VI.
CONCLUSION AND
CONCLUSION PRAYER
AND PRAYER
WHEREFORE,
WHEREFORE, PREMISES CONSIDERED,
CONSIDERED, Plaintiff prays that Defendant be cited to
appear and
appear and answer
answer herein
herein as
as required by law and that upon final hearing thereof, Plaintiff have
required by
judgment
judgment of and from the
of and the Defendant as
as follows:
PLAINTIFF’S ORIGINAL PETITION
PETITION PAGE 3
273520-1
273520-1568!
5681
a. for the cnfirc principal balance 0f
entire unpaid principal me Account and all other Iamounts
of the amounts due
and owing pursuant to the terms of the Account;
Account;
b. for reasonable
for reasonable attomey’s fees, at all levels of the legal process;
c.
c. for
for all costs of Court
all herein; and
Court herein;
d. for such
for such other and further relief,
relief, both general and special, at law or in equity, to
may be justly entitled.
which Plaintiff may entitled
Respectfully submitted,
VINCENT SERAFINO
VINCENT SERAFINO GEARY WADDELL
GEARY WADDELL
JENEVEIN, RC.
JENEVEIN, P.C.
Elm Street, Suite 4100
1601 Elm
Dallas, Texas 75201
214-979-7442 - Telephone
2 14-979-7402 —— Telecopier
214-979-7402
MARK RECHNER
MARK RECHNER
State
State N0. 24058064
Bar No.
mrechner@vinlaw.com
THOMAS M. SELLERS
THOMAS
State Bar No. 24070589
State
tsellers@vinlaw.com
WHITNEY ABBOTT
WHITNEY
State Bar No. 24052628
State
wabbott@vinlaw.com
EDGAR QUIJADA
EDGAR QUIJADA
State Bar No. 24098290
equijada@vinlaw.com
ATTORNEYS FOR
ATTORNEYS FOR PLAINTIFF
WELLS FARGO
WELLS NA
BANK, NA
FARGO BANK,
ORIGINAL PETITION
PLAINTIFF’S ORIGINAL PETITION PAGE 4
273520- 5681
273520-15681
1
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FILED 1 CIT ES 7/16/2020 2:54 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kayla Buckley DEPUTY CAUSE N0.DC-20-09703 CAUSE N0. WELLS WELLS FARGO FARGO BANK, NA, NA, §§ IN THE DISTRICT IN THE COURT DISTRICT COURT Plaintiff, Plaintiff, g V. gg H-160TH JUDICIAL JUDICIAL DISTRICT DISTRICT CARL EDWARDS, gg Defendant. gg DALLAS COUNTY, DALLAS TEXAS COUNTY, TEXAS ORIGINAL PETITION PLAINTIFF'S ORIGINAL PETITION TO THE TO THE HONORABLE JUDGE OF HONORABLE JUDGE OF SAID COURT: COURT: NOW COMES NOW COMES Wells Fargo Bank, NA NA (hereinafter referred to as “Plaintiff”), and and files files this its Original Petition complaining of Carl Edwards (hereinafter (hereinafier referred to as “Defendant”), show unto the Court and for cause of action Plaintiff would respectfully show Court the following: I. DISCOVERY CONTROL PLAN DISCOVERY CONTROL PLAN AND PROCESS PARTIES AND PROCESS 1. Plaintiff requests that discovery be conducted under Level 2 of Rule Rule 190. 2. 2. Plaintiff is a South Dakota national banking association Plaintiff is a association registered registered to to do do business in the State of Texas. Texas. 3. 3. Defendant Carl Edwards is an individual who may is may be be served with process at 4036 4036 St, Dallas Tx 75212-121 Esmalda St, 75212-1215. 5. 4. 4. only Plaintiff seeks only monetary relief of monetary of $100,000.00 $100,000.00 or or less, including damages less, including damages of of any kind, penalties, costs, any costs, expenses, expenses, pre-judgment pre—judgment interest, interest, and and attorney attorney fees. fees. PLAINTIFF’S ORIGINAL PETITION PAGE PAGE I l 273520-1568] ll. AND VENUE JURISDICTION AND JURISDICTION VENUE 5. Jurisdiction is proper, because the is the amount in controversy exceeds the jurisdictional minimum of this Court. Venue Venue is proper proper in Dallas County County because Defendant resides in Dallas County, County, Texas. 6. Plaintiff has fully performed all of its duties and obligations under the Account. All A11 conditions precedent to the institution of this suit and Plaintist Plaintifl"s recovery have been or have occurred. performed, satisfied or performed, III. BREACH OF BREACH CONTRACT OF CONTRACT 7. Defendant, Carl Edwards, for value received, made, executed and delivered to received, made, Plaintiff a Wells Fargo Consumer Credit Card Customer Agreement and Disclosure Statement On or about 08/30/2000, Defendant accessed the evidencing a Line of Credit (the “Account”). On Line of Credit. The Account provided for Defendant to make payments payments to Plaintiff of all principal and interest. 0f the Account are more particularly described The complete terms of therein and incorporated herein by by reference for all purposes. 8. Defendant failed to abide by by the terms of the Account by by failing and refusing to afier receiving demand from make payments as required under the terms of the Account after Plaintiff. Defendant was duly notified of such default under the Account and payment payment was demanded, but Defendant failed to cure same. All A11 amounts due under the Account have been demanded by by Plaintiff. 9. Plaintiff is the legal owner and holder of the Account. Plaintiff seeks recovery of the entire, unpaid principal balance of the Account. As a result of Defendant’s default, there is is now due, owing and unpaid from Defendant to Plaintiff the amount of $13,267.25. PLAINTIFF’S ORIGINAL PETITION PAGE PAGE 2 273520-1568! IV. IV. SECOND CAUSE SECOND CAUSE OF ACCOUNT STATED 0F ACTION ACCOUNT STATED 10. alternative, Plainfifi Pleading in the alternative, Plaintiff alleges it should recover from Defendant alleges that it on on an an account account stated theory of stated theoxy of recovery. recovery. Plaintifi recovery because a series of Plaintiff is entitled to recovery transactions parties gave transactions between the parties gave rise rise to the indebtedness indebtedness 0f An of Defendant to Plaintiff. An agreement exists between Plaintiff and Defendant which establishes the amount due. As part of the agreement governing the Account, the Defendant made a promise to pay pay the debt and has failed to pay. pay. 11. 11. All just All just lawful offsets, credits, credits, and payments have been applied. and payments The amount now due, owing and unpaid from Defendant to Plaintiff the amount of $13,267.25. due, V. FOR ATTORNEY’S FEES REQUEST FOR REQUEST 12. show that it Plaintiff would further show it has necessarily delivered said Account to the undersigned attorneys for collection and employed them to prosecute this case, for which Plaintiff has agreed to pay reasonable attomey’s fees, judgment for which Plaintiff prays to pay & Rem. Code, Section 38.001, et seq., and the terms of the Account. pursuant to Tex. Civ. Prac. & Additionally, Plaintiff requests that all attomey’s fees involved in the appellate process, if same becomes becomes necessary. necessary. VI. CONCLUSION AND CONCLUSION PRAYER AND PRAYER WHEREFORE, WHEREFORE, PREMISES CONSIDERED, CONSIDERED, Plaintiff prays that Defendant be cited to appear and appear and answer answer herein herein as as required by law and that upon final hearing thereof, Plaintiff have required by judgment judgment of and from the of and the Defendant as as follows: PLAINTIFF’S ORIGINAL PETITION PETITION PAGE 3 273520-1 273520-1568! 5681 a. for the cnfirc principal balance 0f entire unpaid principal me Account and all other Iamounts of the amounts due and owing pursuant to the terms of the Account; Account; b. for reasonable for reasonable attomey’s fees, at all levels of the legal process; c. c. for for all costs of Court all herein; and Court herein; d. for such for such other and further relief, relief, both general and special, at law or in equity, to may be justly entitled. which Plaintiff may entitled Respectfully submitted, VINCENT SERAFINO VINCENT SERAFINO GEARY WADDELL GEARY WADDELL JENEVEIN, RC. JENEVEIN, P.C. Elm Street, Suite 4100 1601 Elm Dallas, Texas 75201 214-979-7442 - Telephone 2 14-979-7402 —— Telecopier 214-979-7402 MARK RECHNER MARK RECHNER State State N0. 24058064 Bar No. mrechner@vinlaw.com THOMAS M. SELLERS THOMAS State Bar No. 24070589 State tsellers@vinlaw.com WHITNEY ABBOTT WHITNEY State Bar No. 24052628 State wabbott@vinlaw.com EDGAR QUIJADA EDGAR QUIJADA State Bar No. 24098290 equijada@vinlaw.com ATTORNEYS FOR ATTORNEYS FOR PLAINTIFF WELLS FARGO WELLS NA BANK, NA FARGO BANK, ORIGINAL PETITION PLAINTIFF’S ORIGINAL PETITION PAGE 4 273520- 5681 273520-15681 1