Dan Ptak / Jevin Sports Management Software Sues Customers It Paid Late!!

[notorial dissent]

Well, that and using other people's money. For some funny reason they really seem to frown on that, particularly when they end up on the hook for it from chargebacks. Really crankies up the LP types, and they usually aren't known for their sparkling senses of humor to begin with.

[The Observer]

Well, using other people's money is the usual creative finance scheme.

[Burnaby49]

Well, using other people's money is the usual creative finance scheme.

One of my all-time favorite book titles was an autobiography by George Graham Rice, an early 20th Century American con-man and stock promoter. He named it "My Adventures With Your Money".

[soapboxmom]

Case Details
Case History
Case Number
005-00590-2017
Date Filed
03/10/2017
Case Type
Contract - Consumer/Commercial/ Debt
Status
Pending
Style
TBF Financial, LLC VS. Jevin, Inc. and Daniel E. Ptak
Judicial Officer
Wilson, Dan K in County Court at Law 5
Parties

Type
Name
DOB
Attorney
Address
Defendant
Jevin, Inc.
Pro Se
Defendant
Ptak, Daniel E.
Pro Se
Plaintiff
TBF Financial, LLC
Millard O. Anderson, Jr.

Civil Paper Details

Paper Number
C3-17-002036
Person to Serve
Ptak, Daniel E.
Type
CITATION
Origin
County Court at Law 5
Case Number
005-00590-2017
Issued Date
3/13/2017
Civil Paper Statuses

Date
Status of Service
Location
3/13/2017
Paper Received "Come to Hand Date"
PCT 3 Constable

Civil Paper Services

Date
Time
Officer
4/3/2017
3:35PM
Carpenter, Toby
3/23/2017
4:31PM
Carpenter, Toby
3/13/2017
3:22PM
Carpenter, Toby

Back to Case Detail

When is this clown going to quit trying to duck service???

[soapboxmom]

I have been sued several times and also gotten some absolutely lovely letters penned by a number of different attorneys. I will share my observations on said. Almost without exception the lawyers had done little to ascertain the veracity of their clients allegations. Most had also had done little or nothing to check me out. I expect that LeAnn Diamond will be in the same boat. I suspect she is going to regret suing all those volunteers, parents and me as this farce of a case moves forward. I have had some highly entertaining exchanges with opposing counsel and I see more of those in my future.

[notorial dissent]

I suspect that the real gorilla in the room in this one is going to be the sports league, they'll have the real money, the real lawyers, and the real insurance, and they aren't likely to just go away the way some pro se defendants are expected to. But yeah, I don't think they knew what they were getting in to.

[soapboxmom]

04/03/2017 Original Answer
Defendants' Special Appearance and Original Answer Subject to Special Appearance

My dozens of co-defendants are challenging personal jurisdiction. So, I may very soon be the lone ranger on this one. I suspect that will be a one episode adventure as well. Danny boy might be fixin' to find out about SLAPPs!

[soapboxmom]

Civil Paper Detail
Paper Number
C3-17-002036
Person to Serve
Ptak, Daniel E.
Type
CITATION
Origin
County Court at Law 5
Case Number
005-00590-2017
Issued Date
3/13/2017
Civil Paper Statuses

Date
Status of Service
Location
3/13/2017
Paper Received "Come to Hand Date"
PCT 3 Constable

Civil Paper Services

Date
Time
Officer
4/7/2017
1:00PM
Carpenter, Toby
4/5/2017
3:00PM
Carpenter, Toby
4/3/2017
3:35PM
Carpenter, Toby
3/23/2017
4:31PM
Carpenter, Toby
3/13/2017
3:22PM
Carpenter, Toby

Duck, duck, duck, duck, duck.........

[soapboxmom]

Date
Time
Officer
4/11/2017
3:10PM
Carpenter, Toby
4/11/2017
1:18PM
Carpenter, Toby

Duck, duck.... His goose will be cooked no matter how long he tries to keep this game going!

[soapboxmom]

http://localbiziness.com/write-review/j ... -ece351d17

Dan Ptak

Founder Jevin • Worked at @Texas Instruments, @Digital Techniques
Allen South Dakota School o...
1 Connection
· Following 4

Dan Ptak
Experience

Digital Techniques
Employee

Texas Instruments
Employee
Jevin
President 2000 - Present (over 17 years)
Employee

Texas Instruments, Jevin, Digital Techniques
Education
South Dakota School of Mines & Technology

This may explain the connection between Garland Soccer President, David Arciniega, and Dan Ptak.

[soapboxmom]

LeAnn Diamond claims on her Facebook page:

LeAnn Wainscott Diamond in McKinney, Texas.
January 17 ·
·
Started Working at Lucé Law PC
January 17 — Of counsel
McKinney, Texas

LikeShow more reactions
CommentShare

Lucé Law Firm McKinney TX
Business, Family, Criminal Law and Civil Litigation Lawyers

When you are looking for a law firm that actually cares about you and your best interests, you need to call the Lucé Law Firm. Each of our attorneys believes deeply that access to quality legal services shouldn’t be dictated by how much money you have. Each of our attorneys are powerful advocates and will fight ferociously for what is right. We will happily advance any filing fees and take cases on a contingency basis because we believe in our clients. Don’t let your current financial situation deter you from pursuing justice. Let’s sit down and discuss your case and we can work the details out later.
Business Attorney McKinney TXJoe Lucé – Wrongful Death, Personal Injury, Litigation & Collections

Office: 972-346-5170
Mobile: 972-880-6322

Joe is a civil trial attorney with over three decades of experience in handling civil litigation, both plaintiff, and defense.

He is licensed to practice in:

All state courts in Texas
The Texas Supreme Court
The United States District Court for the Eastern District of Texas
The United States District Court for the Northern District of Texas

Joe handles wrongful death, personal injury, civil litigation, collections, and a diverse host of other litigation matters. Joe works diligently, aggressively, and relentlessly to not only advance resolution amicably and cost-efficiently, but also strives to keep his clients out of the courtroom and save them money and aggravation by utilizing effective discovery, motions, technology, and alternative dispute resolution (e.g., mediation). And when adverse parties are unreasonable, forcing Joe’s clients to take their issues to judges and juries, it’s about making it count and sending a very clear message......


LeAnn W. Diamond* – Family Law & Civil Litigation
leann w. diamondLeAnn is a Board Certified Civil Trial Law Attorney with 27 years of experience handling family law and civil litigation matters in Texas and in neighboring states, in both state and federal courts. LeAnn has tried over 30 cases to juries during her career in a number of counties in Texas and in Oklahoma, and was hired by the State of California in a contested child custody matter. LeAnn now focuses her time and attention on the preparation of prenuptial and post nuptial agreements, adoption, divorce, child custody, modification, enforcement, support, and other family law disputes and issues. She is also a trained family law mediator. In addition to LeAnn’s family law practice, she represents individuals and small businesses in disputes involving breach of contract, Deceptive Trade and Practices Act violations, fraud, disparagement and negligence issues.

...
I wonder is Dan Ptak's attorney explained to him that because of the suit against me I will get all of his financial records in discovery. He will be grilled about those in deposition and I will publish said deposition online and take excerpts and make scathing commentary on said. I will see that all the media outlets get copies as well. The fun is about to start!!!

Chances are the parties are going to be ordered into mediation first. (FYI, the firm she's with is no lightweight.) IMHO that's their objective; typically, a condition of the settlement keeps everything private.

The Lucé Law Firm has sanitized LeAnn Diamond from their website. Without giving too much away, I think Dan Ptak may be in for quite a nasty surprise. This lady, even though she may have represented him for free, may end up costing him a lot of money and embarrassment. If suing your own customers isn't business suicide.....

[soapboxmom]

LeAnn W. Diamond
Partner
Phone: 214-423-5100
E-mail: ldiamond@albinroach.com

As of December 2016 LeAnn Diamond was a partner at Albin Roach. On January 17th 2017 she announced that she was with the Luce Law firm though at this juncture she no longer appears on their site. The attorney representing the football leagues, its volunteers and all 73 parents is currently a partner at Albin Roach. This could get interesting.
http://www.albinroach.com/attorney/john-j-mongogna/

Attorneys
John J. Mongogna
Partner

[soapboxmom]

PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Plaintiff TBF Financial. LLC pursuant to the provisions of Rule
45 et seq. of the Texas Rules of Civil Procedure and files this its Plaintiff‘s Original
Petition complaining of Defendants Jevin, Inc. and Daniel E. Ptak and for cause of action
would show the Court the following:
1.
Discovery is intended to be conducted under Level 1 of Rule 190 of the Texas
Rules of Civil Procedure. The damages sought in this action are Within the jurisdictional
limits of this Court. Plaintiff seeks only monetary relief of $100,000.00 or less including
damages of any kind, penalties, costs, expenses, pre-judgment interest and attorney fees.
11.
Plaintiff is a limited liability company organized and existing under the laws of
the State of Illinois with its principal place of business at 740 Waukegan Road, Suite 404,
Deerfield, Illinois 60015.
111.
Defendant Jevin, Inc. is a corporation organized and existing under the laws of
the State of Texas and may be served with citation by delivery to its registered agent
Daniel E. Ptak at 1223 Ashford Lane, Allen, Texas 75002.
IV.
Defendant Daniel E. Ptak is an individual resident of Collin County, Texas and
may be served with citation at 1223 Ashford Lane, Allen, Texas 75002.
V.
This Court has jurisdiction over this matter pursuant provisions of Article V,
Section 8 of the Texas Constitution and § 24.007 of the Texas Government Code.
VI.
Venue of this action is proper in Collin County, Texas pursuant to the provisions
§§15.002(a)(1), (2) & (3) of the Texas Civil Practice and Remedies Code.
VII.
Between May 2015 and April 201, Defendants entered into a series of eight
Business Loan Agreements ("the agreements") with Celtic Bank which subsequently
assigned the agreements to Kabbage, Inc. which in turn assigned the agreements to
Plaintiff.
VIII.
Defendants are in default under the terms of the agreements in that certain
payments have not been made as required. As of the date of the filing of this petition,
after allowing all credits, there remains due and unpaid under the terms of the agreements
the total principal amount of $90,432.00.
IX.
Pursuant to the provisions of the note, the guaranty and § 38.001(8) of the Texas
Civil Practice and Remedies Code, Plaintiff is entitled to recover from Defendants,
jointly and severally, its reasonable attorneys' fees expended for the trial and appeal of
this action and this suit is likewise brought to recover those amounts.
X.
All conditions precedent to Plaintiffs right of recovery and Defendants’ liability
have been performed or have occurred.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests:
a. that Defendants be cited to appear and answer herein;
b judgment of the Court in favor of Plaintiff and against Defendants,
jointly and severally, in the amount of $90,432.00 plus attorneys' fees and costs
of court plus pre-judgment and post-judgment interest as allowed by law; and
c. such other relief to which Plaintiff may show itself justly entitled.
Respectfully submitted,
/s/Millard 0. Anderson Jr.
Millard 0. Anderson, Jr.
Texas Bar No. 01229500
321 North Central Expressway
Suite 256
McKinney, Texas 75070
(214) 287-9528
(623) 935-9745 (FAX)
anderbank@aol.corn
Attorney for Plaintiff
PLAINTIFF’S

My attorney has an absolute peach for a paralegal. He kindly pulled this for me today. This is the suit where the very naughty Mr. Ptak has been ducking service. As I noted before, the plaintiff is a company that buys bad debt, so it is not surprising that Jevin / Ptak still owe tens of thousands to leagues around the country. Ptak, of course, may be in for some surprises as well!

[soapboxmom]

http://www.realscam.com/attachments/f12 ... answer.pdf

My 75 Co-defendants have a really sharp answer filed. I think Dan Ptak is going to regret suing customers that he paid weeks late. Ptak / Jevin, according to Defendant's counsel, first breached the contract and committed fraud. They are also vigorously challenging jurisdiction. It looks like these Defendants may well be out of this nonsense in round one.

Fascinating to note that Jevn and Ptak's counsel, LeAnn Diamond, was a partner at Albin Roach law-firm until December 2016. Partners W. Todd Albin and John Mongogna of Albin Roach are now her opposing counsel representing the 75 defendants from Utah in this current case.

[soapboxmom]

Coaches are now complaining that Jevin is down. They can't use it because of a problem with the security certificate and are worried that it may have been hacked. Yikes!

[notorial dissent]

Can I be cynical and say I'm betting on "other" issues, like non-payment? Why would someone bother to hack a nickel and dime website? I'm also not betting you'll ever get an honest answer out of Jevin either.

[soapboxmom]

http://www.tampabay.com/news/humaninter ... ey/2299711

Dan Ptak actually sent the following to a league that commented publicly about their financial issues with Jevin:

From: Dan Ptak <danptak@jevin.net>
Sent:
To:
Subject: RE: Jevin new options

I wish that I had the opportunity to give you and the board the real facts. We were in fact victims of fraud perpetrated by one organization. They used the publicity as a smoke screen to hid their theft. We are currently pursuing legal action against that organization and all of the parents of the organization. We are also considering defamation suits against all parties who have made public statements that are disparaging to Jevin – including those that are making claims that multiple organizations are owed money. It is unfortunate that those that break the law and damage others seem to ‘win’ in our society.

This e-mail from November 2016 refers to Sky View. How can Ptak accuse these folks of theft when they were just doing chargebacks in order to recover their own registration fees so that their children could play? These poor folks had fought with him for weeks to get their money that he was supposed to forward the next day according to his own contract. They only invoked the lawyers, media and police when they had no other alternative. Stealing their own money! Hello, Danny the dumba$$!

How many more customers (or should I say former customers) is this total clown going to sue??? I have dozens of e-mails describing the late and missing payments in detail from across the country and I gave all the contact info for those leagues with late and missing payments to the incredible reporter that did the story above. Dan Ptak trying to sue his customers into silence and submission will just send every last customer packing with all due haste.

I bet they are thrilled that his SSL certificate has expired and they still can't access the site.

[notorial dissent]

What a charming piece of work.

[soapboxmom]

http://scamanalyze.com/check/jevin.net.html

HTTP SECURE

NO

Jevin.net does not use HTTP Secure, so all communications are not encrypted.
It is always a good practice to do online shopping, online transaction with only HTTPS website, as all the information is securely encrypted and cannot be intercepted.

Data is not secure. Not a surprise!

[notorial dissent]

Probably costs money and it appears that everything they did was on the cheap cheap cheap.

The thing I don't understand is why the players didn't just simply pay their team or regional/local group and then that group pay to the main group? In this day of electronic funds transfers, it is so easy to do something like that and set it up.