Preview
11-2021-CA-000124-0001-XX
Filing # 119704468 E-Filed 01/15/2021 12:08:58 PM
IN THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA
CIVIL DIVISION
FIRST NATIONAL BANK OF OMAHA.
Plaintiff/Petitioner,
vs. Case No.:
SEAN A CARPENTER.
Defendant(s)/Respondent(s).
COMPLAINT
Plaintiff, FIRST NATIONAL BANK OF OMAHA, sues the Defendant(s) SEAN A
CARPENTER, and alleges:
JURISDICITON AND PARTIES
1. This is an action for money damages in an amount that exceeds $30,000.00.
2. The Plaintiff, First National Bank of Omaha (FNBO) is a nationally chartered bank
authorized to conduct business in the State of Florida.
3. The Defendant, SEAN A CARPENTER, is a Florida resident of COLLIER County, is
an individual over the age of eighteen (18) years of age, upon information and belief is not
incompetent nor active military in the United States.
4. The court has jurisdiction over the parties pursuant to Florida Statutes, and venue is
appropriate.
5. At all times material here to Plaintiff, First National Bank of Omaha (FNBO), issued to
the Defendant, SEAN A CARPENTER, a First National Bank of Omaha credit account.
COUNT ONE
A T STATED
Pursuant to F.R.C.P. Form 1.933, approved
by the Florida Supreme Court
6. Plaintiff, First National Bank of Omaha (FNBO) readopts and realleges all the
allegations of this complaint as if fully set forth herewith.
7. Before the institution of this action, the Plaintiff, First National Bank of Omaha
(FNBO), and the Defendant, SEAN A CARPENTER, had business transactions
between them and on 11/16/20, they agreed to the resulting balance.
8. Plaintiff, First National Bank of Omaha (FNBO), rendered a statement to the
317358.4779.8.33
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 01/15/2021 12:08:58 PMDefendant, SEAN A CARPENTER, a copy being attached hereto and incorporated herein as
Exhibit “A”, and the Defendant, SEAN A CARPENTER, did not object to the statement at the
time the statement was received.
9. Defendant SEAN A CARPENTER, agreed to the balance claimed herein, and
expressly and/or impliedly promised to pay this balance.
10. Defendant, SEAN A CARPENTER, owes Plaintiff, First National Bank of Omaha
(FNBO) $31789.05 that is due since 11/16/20 on this account.
Wherefore, Plaintiff, First National Bank of Omaha (FNBO), demands judgment for damages
against Defendant, SEAN A CARPENTER, in the amount of $31789.05 together with court
costs and post judgment interest at the statutory rate and any such other relief that this Court
deems just and proper.
COUNT TWO
MONEY LENT
Pursuant to F.R.C.P. Form 1.936, approved
by the Florida Supreme Court
11. Plaintiff, First National Bank of Omaha (FNBO) readopts and realleges all the
allegations of this complaint as if fully set forth herewith.
12. Defendant, SEAN A CARPENTER, owes Plaintiff, First National Bank of
Omaha (FNBO) $31789.05 that is due with interest since 11/16/20, for money lent by
Plaintiff, First National Bank of Omaha (FNBO) to Defendant, SEAN A
CARPENTER.
Wherefore, Plaintiff, First National Bank of Omaha (FNBO), demands judgment for damages
against Defendant, SEAN A CARPENTER, in the amount of $31789.05 together with court
costs and post judgment interest at the statutory rate and any such other relief that this Court
deems just and proper.
COUNT THREE
Pled in the Alternative
13. Plaintiff, First National Bank of Omaha (FNBO) readopts and realleges all the
allegations of this complaint as if fully set forth herewith.
14, Plaintiff, First National Bank of Omaha (FNBO), has suffered damages because
of the acts of Defendant, SEAN A CARPENTER, and is entitled to be compensated for
same benefit.
15. Plaintiff, First National Bank of Omaha (FNBO), with the Defendant, SEAN A
CARPENTER, knowledge, conferred a monetary benefit on Defendant, SEAN A
CARPENTER, in the form of credit.
317358.4779.9.3316. Defendant, SEAN A CARPENTER, voluntarily accepted and retained same
benefit.
17. If Defendant, SEAN A CARPENTER, does not compensate Plaintiff, First
National Bank of Omaha (FNBO), then said Defendant, SEAN A CARPENTER, will
be unjustly enriched at the expense of Plaintiff, First National Bank of Omaha (FNBO).
18. Due to the facts and circumstances occurring between the Parties, it would be
inequitable for Defendant, SEAN A CARPENTER, to retain the benefit without paying
Plaintiff, First National Bank of Omaha (FNBO), the value thereof.
19. | Defendant, SEAN A CARPENTER, has been unjustly enriched at the expense
and detriment of the Plaintiff, First National Bank of Omaha (FNBO), in the sum of
$31789.05, no part which has been paid although duly demanded.
Wherefore, Plaintiff, First National Bank of Omaha (FNBO), demands judgment for damages
against Defendant, SEAN A CARPENTER, in the amount of $31789.05 together with court
costs and post judgment interest at the statutory rate and any such other relief that this Court
deems just and proper.
RESPECTFULLY SUBMITTED this date.
/s/ Brandy L. Chamblee ba
Brandy L. Chamblee
Attorney for Plaintiff FL ID 62194
OF COUNSEL:
Moxley & Associates, LLC
P.O. Box 4953
Montgomery, AL 36103
bchamblee@moxleylaw.com
334/ 834-9689
317358.4779.10.33EXHIBIT A
317358.4779.11.33OLD NATIONAL BANK
2253 105403
SEAN A CARPENTER
2896 COCO LAKES PL
NAPLES FL 34105-4509,
Platinum Edition® Mastercard®
Account Summary
Previous Balance
Payments
Account Number:
New Balance:
@ Minimum Payment D
Payment Due Date:
Make checks payebeto First Bankoard
First Bankcard
Bist Bankoard ‘Amount of Payment Enclosed
‘Omaha, NE 68103-2557
$ .
Change of Address? It yes, please
complete reverse side,
as as
PLEASE DETACH HERE AND RETURN TOP PORTION WT YOUR PAYMENT
Account Number:
Page O01 002
[$=] Payment Information
New Balance .. . $31,458.07
Minimum Payment Due $2,271.00
Past Due Amount $1,512.00
Other Credits
Purchases .
Balance Transfers
Cash Advances
Fees Charged
Interest Charged .
New Balance
Statement Closing Date .
Days in Billing Cycle
Total Credit Limit
Available Credit
Cash Limit
Available Cash ..
Payment Due Date . November 11, 2020
@ Late Payment Warning: Itwe do not receive your minimum
payment by the date listed above, you may have to pay a late fee of up to
‘$39 and your APRis may be increased to a Penalty APR of up to 29.99%.
@ Minimum Payment Warning: it you make only the minimum
payment each period, you will pay more in interest and it will take you
longer to pay off your balance. For Example:
iWyoumakeno addtionl | Youwillpay cffthebalance | And.you wil endup
cchargesusingthis cergand | show onthis statementin | paying an extmatod
‘each menth you pay about otal
[Onyy the minimum payment 36 years $71,793
$89,760
$1,105 Syears (savings $32,013)
{f you would tke information about crect counseling services, call 1-866-486-6322.
e Customer Service Cal
Save Time and Stamps
by Paying Online!
Toll Free 1-888-295-5540
(100 Telecemmunisations Davies forthe Dea 1-800 925 2895) (Salance Transtar Holine: 1-277-288-8231)
Visit: www.firstbankcard.com
Remit
First Bankcard,
Box 2557, Omaha, NE 68103-2557
9 Smart Tips
Avoid Credit Card Fraud
Do not give out your account number over the phone unless you initiate the call, Credit card thieves have
been known to pose as credit card issuers and other businesses to trick you into giving out your credit card
number. Legitimate companies don't call you to ask for a credit card number over the phone.
Important Information Regarding Your Account
We have told a credit bureau about a late payment, missed payment or other default on your account.
This information may be reflected in your credit report.
ye) Transaction Detail
Trans Post Reference Transaction Credits (CR)
Date Date Number Description and Debits
Payments and Other Credits
9-21 9-21 _asusss702ssorsooo1071es _ EXPEDITED PAYMENT us $580.00 (CR)
Fees
10-413 10-15 _7ss014avzeoo002eo082000 LATE FEE $39.00
Total Fees For This Period $39.00
Interest Charged
Interest Charge on Purchases $410.43
Interest Charge on Cash Advances ‘$0.00
Interest Charge on Balances Transfers ‘$0.00
Total Interest For This Period $410.43
Your Annual Percentage Rate (APR) s the annual interest rate on your account.
(V) Variable Rate _(f) Fixed Rate
Charge Annual Percentage Special Offer or Eligible Balance Subject Days Rate
Summary Rate(APR) Purchase APR Expiration Date to InterestRate Used _ Interest Charge
Purchases 15.99% (v) NA $31,907.63 30 $410.43,
Cash Advance 18.99% (v) N/A $0.00 30 $0.00
Issuedby First Bankcard, a division of First National Bank of Omaha
‘See reverse for acitional information
Continued next pageConvenient Access
24/7/365
Account management available when you
need it, from your computer, tablet or
smart device.
Account Number:
Page 002 of 002
2020 Total Year-to-Date
Total fees charged in 2020 ..
Total interest charged in 2020 ..To ensure accuracy, please print clearly using upper-case letters and numbers only.
Please do not use Red Ink, Gel pens or Pencil.
CHANGE OF ADDRESS, PHONE, OR E-MAIL
Address
ApvBldg#
City
State, ZIP
Home Phone.
Work Phone
Cell Phone
E-mail Address
It you have a Credit Card for business purposes, and are requesting an address change, we may request additional
Balance Subject to Interest Rate: Each ‘Balance Subject to
Interest Rate” shown on the front ofthis statement for each Balance
Category is determined using the average daily balance (including
new purchases) method. Each such balance is calculated
separately for each petiod that a particular rate was in effect
(referred to below as a "Rate Period’). To get each average daily
balance for each Balance Category, we fist compute a “Daly
Balance’ for each day of the Rate Period 2s follows: (1) we start
with the beginning balance of each day, (2) we add any new
transactions and fees, and (3) we subtract any applicable
payments, credits, or credit adjustments. Each average daily
balance thet is shown onthe fonts computed by adding up all the
Dally Balances in the Rate Period and dividing the total by the
‘number of days in the Rate Period (which shows on the front as
"Days Rate Used). In making these computations: (2) we may reat
‘a credi balance a a balance of zero, and (b) we may delay adding
fees to your balance, and (c) each day, we multply your Daily
Balance by the applicable daly periodic rale and add that emount 0
Your balance to determine the next day's beginning balance.
Interest Charges: We figute the interest charges on your account
and for each Balance Category by applying the applicable daily
period rate fo the applicable average daily balance and multsying
that product by the number of days in the Rate Period, All of the
interest charges for each Balance Category wil be totaled and that
willbe the toll interest charged.
How to Avoid Paying Interest on Purchases: If you pay your
[New Batance as shown on the front ofthis biling statement by the
Payment Due Date and if we also received payment in full of your
[New Batance as indicated on your previous billing statement by its
Payment Due Date (orf that New Balanoe was zero or a credit), no
interest charges willbe assessed on Purcheses shown on your next
biling statement. Unless you have been specifically notified
‘otherwise, no period is provided to repay non-Purchase balances
without incuting interest charges—in other words, thete is n0
interestftee (grace) period for Cash Advances’ or Balance
Transfers,
Payment Requirements: Payments must be (1) accompanied by
the top portion ofthis bling statement; (2) received no later than
5.00 pm. (Central Time) on the Payment Due Date at the location
we have specified for receipt of your payment, (3) made only by
ccheok or money order if your payment is made by mail, (4) made in
US. Dotars, and (5) sent othe P.O. Box specified onthe top ofthe
front ofthis statement. If we acoept a payment that does not comply
with these requirements, there may be a deley in credlting your
‘zccount, which may result in addtional interest and fees. If your
payment is returned unpaid by your bank for insufficient funds, we
may re present your check electronically.
Credit Limits: Only the ‘Cash Limit’ portion of your Credit Limit is
availabe for cash advances. "“Availeble Credit” ot ‘Available Cash
tefers to the part of your Credit Limit or Cash Limit that was
available as of this biling statement's closing date and may not
teflect ovelimit or credit balance amounts. We may raise or lower
your Credit Lint andlor Cash Limit at any tine and may restrict the
‘amount that is availsble for Balance Transfers, After we credit a
payment fo your account, there may be a delay befor it operates 10
festore your Available Creditor Available Cash,
BILLING RIGHTS SUMMARY
What To Do if You Think You Find a Mistake on Your Statement
Ifyou think there is an ertor on your statement, write to us at: First
‘National Bank of Omaha, P.O. Box 3696 Omaha, NE 68103-0696,
In your letter, give us the following information:
'» Account information: Your name and account number.
‘+ Dollar amount: The dolar amount of the suspected error
‘© Description of Problem: If you think there is an error on your bil,