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Case Number: 17-001662-CO
Filing # 53085710 E-Filed 02/28/2017 02:51:50 PM
IN THE COUNTY COURT OF THE 6TH JUDICIAL
CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
WELLS FARGO BANK, N.A.
Plaintiff,
VS.
MARK A FREEMAN
Defendant(s),
CASE NO.:
COMPLAINT FOR DAMAGES
AND/OR AN ACTION TO COLLECT A DEBT
COMES NOW, the Plaintiff, WELLS FARGO BANK, N.A. , formed under the Laws of the United
States, transacting business by the instrumentality of interstate commerce as authorized under the United
States Code, and sues the Defendant(s), MARK A FREEMAN, and states the following:
JURISDICTION
1, This Court has jurisdiction over this dispute. The Complaint seeks damages
that are $15,000.00 or less excluding courts costs and attorneys' fees, within the jurisdictional fimits of this
court.
2, Defendant(s) is/are amenable to jurisdiction in Florida because the Defendant(s) reside in
Florida, conduct substantial business in Florida, breached a contract within Florida, and/or committed all acts
and omissions stated in the Complaint in Florida.
3. Pursuant to Florida Statute § 47.01 1 and/or 47.021, venue is proper in PINELLAS County.
GENERAL ALLEGATIONS
Plaintiff re-alleges paragraphs 1-3 above and further states that:
4. The Plaintiff, at all times material hereto is a corporation formed, organized
and existing under and by virtue of the laws of the United States, transacting business by and through
the instrumentality of interstate commerce, by the issuance of credit.
5. All conditions precedent have been performed or have occurred.
6. The Defendant(s) executed an application for the issuance of credit from the
Plaintiff unto the Defendant (s), in accordance with the documentation attached hereto as Composite Exhibit
“A" and incorporated herein by reference.
Page J
***ELECTRONICALLY FILED 02/28/2017 02:51:48 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***7. Upon having received the application for the issuance of a credit, the Plaintiff
issued a credit to the Defendant(s), subject to the terms and conditions as indicated within the documentation
attached hereto as Composite Exhibit "B" and incorporated herein by reference,
8. The Defendant(s) is/are indebted to the Plaintiff; and although due demand has been made,
the Defendant(s) has/have failed and refused to pay same, in accordance with the terms and conditions of
the credit agreement between the parties, and as a result thereof, the balance became in default and
accelerated per the terms of the agreement.
9, As a result of the Defendant's actions, the Plaintiff has been required to retain the
undersigned Law Firm for the purpose of prosecuting its claim against the Defendant(s), and is entitled to
a reasonable attorney’s fees pursuant to the cardholder and/or credit agreement, and court costs.
COUNT I
BREACH OF CREDIT CONTRACT
Plaintiff re-alleges paragraphs | through 9 and further states:
10. Among the foregoing terms and conditions entered into by and between the Plaintiff and
the Defendant(s), the Defendant(s) agreed to pay promptly on rendition of a statement of all charges made
with Defendant’s credit pursuant to the installment terms stated therein.
11. The Defendant(s) accepted and used the credit for purchases or cash advances in the sum
of $8551.75. The Plaintiff rendered to the Defendant(s) periodic statements for payment of that sum as
evidenced within the documentation attached hereto as Composite Exhibit "C" and incorporated herein by
reference,
12, Plaintiff has duly performed all conditions of the contract to be performed by the Plaintiff
under its terms with the Defendant(s).
13. Demand has been made by the Plaintiff to the Defendant for payment of the sum of
$8551.75 and the Defendant has not paid the sums due pursuant to the agreement, stated aforesaid.
WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court
enter a judgment against the Defendant(s) in the amount of $855 1.75, including but not limited to attorneys’
fees and court costs, and any further relief that this Court deems just and proper.
COUNT IL
CREDIT ACCOUNT STATED
Plaintiff re-alleges paragraphs | through 9 and further states:
14, Before the institution of this action Plaintiff and Defendant(s) had business transactions
between them and they agreed to the resulting balance.
15. Plaintiff rendered statements of it to Defendant(s) as indicated by the Statements attached
hereto as Composite Exhibit "C" and incorporated herein by reference, and Defendant(s) did not object to
the same.
Page 216. Defendant(s) owes Plaintiff $8551.75.
WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court
enter a judgment against the Defendant(s) in the amount of $8551.75, including but not limited to court costs,
and any further relief that this Court deems just and proper.
COUNT I
(IN THE ALTERNATIVE)
EQUITABLE RELIEF-UNJUST ENRICHMENT
Plaintiff re-alleges paragraphs | through 5 and further states:
17. Plaintiff alleges this Count in equity is the alternative to Count I and Counts II of the
Complaint should this Court decide that there is no adequate remedy at law.
18, The Plaintiff conferred upon the Defendant(s) a monetary benefit, which was in fact
appreciated by the Defendant(s),
19, The Defendant(s) accepted the benefits bestowed upon same by the Plaintiff which would
lead a reasonable man to believe that the Defendant(s) not only accepted the benefits conferred upon same,
but that under the circumstances the Defendant(s) assented to re-pay the Plaintiff.
20. That by virtue of the circumstances surrounding the request for funds made upon the
Plaintiff, Defendant(s) knowingly requested the funds in issue from the Plaintiff and/or knowingly and
voluntarily accepted the benefits bestowed upon same by the Plaintiff.
21. It would be inequitable for this Court to allow the Defendant(s) to retain benefits of the
funds bequeathed upon same or to be unjustly enriched at the expense of the Plaintiff or allow the
Defendant(s) to retain the value of the funds in issue without re-paying the Plaintiff the value of same.
THIS SPACE INTENTIONALLY LEFT BLANK
Page 3WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court
enter a judgment against the Defendant(s) in the amount of $8551.75, including but not limited to
court costs, and any further relief that this Court deems just and proper.
DESIGNATION OF PRIMARY E-MAIL ADDRESS
In accordance with Fla. R. Jud. Admin. 2.516(b)(1){A), the undersigned attorney for the Plaintiff
hereby designates
eservice|@naderpourlaw.com as
their primary e-mail address and
eservice2@naderpourlaw.com as their secondary e-mail address.
WELLS FARGO BANK, N.A,, v. MARK A FREEMAN
internal File No.: 21605
By:
Page 4
NADERPOUR & ASSOCIATES, P.A.
Attorneys for the Plaintiff
2743 Hollywood Blvd.
Hollywood, FL 33020
Tel: (954) 926-4233
Fax: (954) 926-4238
Primary Service Email Address:
eservicel @naderpourlaw.com
¢
[] AMIR NADERPOWR, ESQ., FBN: 70262
{ ] JOD] M. FOX, ESQ., FBN: 24872
{ AMBER L. KETTERER, ESQ., FBN: 98630
SABERIN J. JAMSHED, ESQ., FBN: 88665
[ ] PIERRE G. MINA., FBN: 78335
Preview
Case Number: 17-001662-CO Filing # 53085710 E-Filed 02/28/2017 02:51:50 PM IN THE COUNTY COURT OF THE 6TH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA WELLS FARGO BANK, N.A. Plaintiff, VS. MARK A FREEMAN Defendant(s), CASE NO.: COMPLAINT FOR DAMAGES AND/OR AN ACTION TO COLLECT A DEBT COMES NOW, the Plaintiff, WELLS FARGO BANK, N.A. , formed under the Laws of the United States, transacting business by the instrumentality of interstate commerce as authorized under the United States Code, and sues the Defendant(s), MARK A FREEMAN, and states the following: JURISDICTION 1, This Court has jurisdiction over this dispute. The Complaint seeks damages that are $15,000.00 or less excluding courts costs and attorneys' fees, within the jurisdictional fimits of this court. 2, Defendant(s) is/are amenable to jurisdiction in Florida because the Defendant(s) reside in Florida, conduct substantial business in Florida, breached a contract within Florida, and/or committed all acts and omissions stated in the Complaint in Florida. 3. Pursuant to Florida Statute § 47.01 1 and/or 47.021, venue is proper in PINELLAS County. GENERAL ALLEGATIONS Plaintiff re-alleges paragraphs 1-3 above and further states that: 4. The Plaintiff, at all times material hereto is a corporation formed, organized and existing under and by virtue of the laws of the United States, transacting business by and through the instrumentality of interstate commerce, by the issuance of credit. 5. All conditions precedent have been performed or have occurred. 6. The Defendant(s) executed an application for the issuance of credit from the Plaintiff unto the Defendant (s), in accordance with the documentation attached hereto as Composite Exhibit “A" and incorporated herein by reference. Page J ***ELECTRONICALLY FILED 02/28/2017 02:51:48 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***7. Upon having received the application for the issuance of a credit, the Plaintiff issued a credit to the Defendant(s), subject to the terms and conditions as indicated within the documentation attached hereto as Composite Exhibit "B" and incorporated herein by reference, 8. The Defendant(s) is/are indebted to the Plaintiff; and although due demand has been made, the Defendant(s) has/have failed and refused to pay same, in accordance with the terms and conditions of the credit agreement between the parties, and as a result thereof, the balance became in default and accelerated per the terms of the agreement. 9, As a result of the Defendant's actions, the Plaintiff has been required to retain the undersigned Law Firm for the purpose of prosecuting its claim against the Defendant(s), and is entitled to a reasonable attorney’s fees pursuant to the cardholder and/or credit agreement, and court costs. COUNT I BREACH OF CREDIT CONTRACT Plaintiff re-alleges paragraphs | through 9 and further states: 10. Among the foregoing terms and conditions entered into by and between the Plaintiff and the Defendant(s), the Defendant(s) agreed to pay promptly on rendition of a statement of all charges made with Defendant’s credit pursuant to the installment terms stated therein. 11. The Defendant(s) accepted and used the credit for purchases or cash advances in the sum of $8551.75. The Plaintiff rendered to the Defendant(s) periodic statements for payment of that sum as evidenced within the documentation attached hereto as Composite Exhibit "C" and incorporated herein by reference, 12, Plaintiff has duly performed all conditions of the contract to be performed by the Plaintiff under its terms with the Defendant(s). 13. Demand has been made by the Plaintiff to the Defendant for payment of the sum of $8551.75 and the Defendant has not paid the sums due pursuant to the agreement, stated aforesaid. WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court enter a judgment against the Defendant(s) in the amount of $855 1.75, including but not limited to attorneys’ fees and court costs, and any further relief that this Court deems just and proper. COUNT IL CREDIT ACCOUNT STATED Plaintiff re-alleges paragraphs | through 9 and further states: 14, Before the institution of this action Plaintiff and Defendant(s) had business transactions between them and they agreed to the resulting balance. 15. Plaintiff rendered statements of it to Defendant(s) as indicated by the Statements attached hereto as Composite Exhibit "C" and incorporated herein by reference, and Defendant(s) did not object to the same. Page 216. Defendant(s) owes Plaintiff $8551.75. WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court enter a judgment against the Defendant(s) in the amount of $8551.75, including but not limited to court costs, and any further relief that this Court deems just and proper. COUNT I (IN THE ALTERNATIVE) EQUITABLE RELIEF-UNJUST ENRICHMENT Plaintiff re-alleges paragraphs | through 5 and further states: 17. Plaintiff alleges this Count in equity is the alternative to Count I and Counts II of the Complaint should this Court decide that there is no adequate remedy at law. 18, The Plaintiff conferred upon the Defendant(s) a monetary benefit, which was in fact appreciated by the Defendant(s), 19, The Defendant(s) accepted the benefits bestowed upon same by the Plaintiff which would lead a reasonable man to believe that the Defendant(s) not only accepted the benefits conferred upon same, but that under the circumstances the Defendant(s) assented to re-pay the Plaintiff. 20. That by virtue of the circumstances surrounding the request for funds made upon the Plaintiff, Defendant(s) knowingly requested the funds in issue from the Plaintiff and/or knowingly and voluntarily accepted the benefits bestowed upon same by the Plaintiff. 21. It would be inequitable for this Court to allow the Defendant(s) to retain benefits of the funds bequeathed upon same or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant(s) to retain the value of the funds in issue without re-paying the Plaintiff the value of same. THIS SPACE INTENTIONALLY LEFT BLANK Page 3WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court enter a judgment against the Defendant(s) in the amount of $8551.75, including but not limited to court costs, and any further relief that this Court deems just and proper. DESIGNATION OF PRIMARY E-MAIL ADDRESS In accordance with Fla. R. Jud. Admin. 2.516(b)(1){A), the undersigned attorney for the Plaintiff hereby designates eservice|@naderpourlaw.com as their primary e-mail address and eservice2@naderpourlaw.com as their secondary e-mail address. WELLS FARGO BANK, N.A,, v. MARK A FREEMAN internal File No.: 21605 By: Page 4 NADERPOUR & ASSOCIATES, P.A. Attorneys for the Plaintiff 2743 Hollywood Blvd. Hollywood, FL 33020 Tel: (954) 926-4233 Fax: (954) 926-4238 Primary Service Email Address: eservicel @naderpourlaw.com ¢ [] AMIR NADERPOWR, ESQ., FBN: 70262 { ] JOD] M. FOX, ESQ., FBN: 24872 { AMBER L. KETTERER, ESQ., FBN: 98630 SABERIN J. JAMSHED, ESQ., FBN: 88665 [ ] PIERRE G. MINA., FBN: 78335