Sports Organization Management Software Jevin Dan Ptak TX

https://www.bbb.org/

The business failed to respond to the dispute. (5 complaints)
06/07/2018
Billing / Collection Issues

Complaint

This company owes our little league almost $3,000 that they collected on our behalf through their website.
This company runs a website that we used for our little league player registrations which included them collecting credit card payments for the player fees. From Jan-Mar of 2018 players were registered in the system for our local league. After the 7% commission that THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh keeps, they owed our little league a total of $4,343.20. It has taken numerous emails and phone calls to get our funds. Finally, at the beginning of May, they sent a couple checks to us but it only totaled $1,608.28. We've again, spent hours emailing and calling trying to get the remainder of our money. At this time, they still owe us $2,734.92. Because we did not receive our funds in a timely manner, our baseball rep and myself, have had to spend almost $2,000 out of our own pockets to buy our kids' jerseys, hats, and equipment. We cannot get reimbursed until THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh gives us our money. (Show Less of Complaint)

Desired Settlement

We want the funds of $2,734.92 that are owed to us.

Time for the Collin County DA to  go to work.

The only ones that get paid are the lawyers.

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Booking #: 2018-BK-15736 Allen Police Department
Facility: Booked: 10/25/2018 Released: 10/30/2018
Name Ptak, Daniel Ervin Desc White Male 5' 11" 200 lbs
Alias Hair Brown
SO # 363615 Eyes Brown
DOB 10/30/1963
Address 1223 Ashford LN
Allen, TX 75002
Warrant # Charge Issuing Auth Offense Date Bond/Type Fine/Crt Costs Disposition
1810633CF GRAND THEFT - ENGAGING IN MONEY SERVICES BUSINESS WITHOUT A LICENSE SO Pinellas Co Florida
Released to Other Charge
401-05682-2018 FUGITIVE FROM JUSTICE SO Collin Co
10,000.00
Any bond
Surety Bond

https://www.abcactionnews.com/news/region-south-pinellas/st-petersburg/texas-man-steals-over-37k-from-st-pete-little-league-through-online-payment-business?autoplay=true

ST. PETERSBURG, Fla.— The Florida Office of Financial Regulation announced the arrest of a Texas man Friday for stealing more than $37,000 of little league participation fees.

Daniel Ptak stole the money through his company, THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh Inc., an online scheduling and payment service company. OFR says Ptak accepted payments from more than 250 families in Florida for the Northeast Little League team, which is based in St. Pete. However, Ptak allegedly used the money to fund his lifestyle instead......

Dan Ptak and THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh have been trounced in court:

http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=051ef7b3-55ba-4278-a199-c29e8a7ff4de&coa=coa05&DT=Opinion&MediaID=be92054f-c1e6-49c0-b33a-3293c8665c54

PARTIES
1. The Wauseon Recreation Association, Inc. ("WRA") is an Ohio non-profit corporation
with its principal place of business located in Wauseon, Ohio. The WRA assists the City of
Wauseon in conducting its sports recreation programs.
2. Plaintiff is informed and believes, and on that basis alleges, that THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh, Inc. ("THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh") is a
Texas corporation with its principal place of business located at 1223 Ashfrod Lane, Allen, Texas
75002. THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh is in the business of providing software and programs for the purpose of aiding in the registration of management of particular sporting events.
3. Plaintiff is informed and believes, and on that basis alleges, that defendant Daniel E. Ptak
is, and at all relevant times herein was, the president and principal of THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh.

FACTUAL A VEREMENTS
4. In or about December 2015, Plaintiff and Defendants entered into an agreement pursuant
to which Defendants agreed to provide to the WRA certain software and programs for the purpose of aiding the WRA in the registration for and management of particular sporting events in the City of Wauseon. According to the parties' agreement, parents in the City of Wauseon who desired to register their children to participate in a sports program offered by the WRA andlor the City were permitted to register their children through the internet by accessing the software and programs provided to the WRA by Defendants. At the time of registering on line, a parent was required to pay the registration fee to Defendants, which would be deposited into an account at a Merchant Bank maintained and controlled by Defendants. Defendants were then required, through the Merchant Bank, to remit the registration fee, less an applicable fee to Defendants, to the WRA' s designated bank.

Pursuant to the parties' agreement, beginning in early 2016, and continuing through early
2018, parents of children in Wauseon registered their children in sports programs offered by the WRA andlor the City of Wauseon through Defendants, and paid the registration fees on-line through Defendants. Defendants, however, have failed and refused to remit to the WRA in excess of $27,843.70 in registration payments which it is required under the parties' agreement to remit to the WRA. Attached hereto and incorporated by reference is a true and accurate copy of the Bank Reconciliation provided by Defendants which establishes the amount of $27,843.70 owed by Defendants to Plaintiff.

FIRST CAUSE OF ACTION
[Breach of Contract]
6. Plaintiff realleges the averments contained hereinabove, and restates the same as if fully
rewritten herein.
7. As set forth in paragraph 5 above, in late 2015, Plaintiff and Defendants entered into an
agreement pursuant to which Defendants agreed to provide to the WRA certain software and
programs for the purpose of aiding the WRA in the registration for and management of particular sporting events in the City of Wauseon, in exchange for a percentage of the registration fees to be paid to Defendants.
8. Plaintiff has performed its obligations under the parties' agreement.
9. Defendants have breached the agreement by failing to remit to the WRA in excess of
$27,843.70 in payments which it is required under the parties' agreement to remit to the WRA.
10. As a result of Defendants' breach of the agreement, Plaintiff has been damaged in an
amount in excess of$27,843.70.

SECOND CAUSE OF ACTION
[Theft Offense: R.C. § 2307.61]
11. Plaintiff realleges the averments contained hereinabove, and restates the same as if fully
rewritten herein.
12. Defendants, with purpose to deprive Plaintiff of its registration fees, knowingly
obtained and exerted control over the entirety of Plaintiffs registration fees in an amount in excess of $27,843.70 by deceit and deception. Defendants' actions constitute a "theft offense" pursuant to O.R.C. Sections 2307.61 and 2913.02.
13. Plaintiffs are entitled to liquidated damages equal to triple the amount of their damages
in the amount of $83,531.1O.

THIRD CAUSE OF ACTION
[Intentional Misrepresentation]
14. Plaintiffrealleges the averments contained hereinabove, and restates the same as if fully
rewritten herein.
15. Defendants, through Defendant Daniel Ptak, represented to Plaintiff that upon receiving
registration fees on-line from parents registering their children for sports programs offered by the WRA and/or the City of Wauseon, and deducting applicable fees for handling such registrations, would remit the registration fees to Plaintiff.
16. Such representations were false. At the time Defendants made such representations,
they had no intention of remitting the registration fees to Plaintiff.
17. Plaintiff was unaware of the falsity of the representations, and relied upon the truth of
the representations in agreeing to allow Defendants to collect the registration fees.
18. Defendants' misrepresentations were made willfully and with malice.
19. As a result of Defendant's foregoing false representations, Plaintiff has been damaged
in an amount in excess of$27,843.70.

FOURTH CAUSE OF ACTION
[Quantum Meriut]
20. Plaintiff realleges the averments contained hereinabove, and restates the same as if
fully rewritten herein.
21. Defendants were paid numerous registration fees by parents registering their children
for sports programs offered by the WRA and/or the City of Wauseon between early 2016 and early 2018, which, less appropriate fees, were never transmitted to the WRA.
22. The reasonable value of the registration fees, less applicable fees is $27,843.70.
23. No part of the amount due Plaintiff has been paid by Defendants, despite repeated
demands therefore by Plaintiff.

FIFTH CAUSE OF ACTION
[Unjust enrichment]
24. Plaintiff realleges the averments contained hereinabove, and restates the same as if
fully rewritten herein.
25. Plaintiff, by allowing Defendants to collect the registration fees conferred a substantial
benefit upon Defendants.
26. Defendants, in accepting the aforementioned sums, knew of the substantial benefit
conferred upon them by Plaintiff.
27. The reasonable value of the registration fees, less applicable fees, is $27,843.70.
28. No part of the amount due Plaintiff has been paid by Defendants despite repeated
demands therefore by Plaintiff, and Defendants' failure to pay the reasonable value of the amounts owed Plaintiff has caused Defendants to be unjustly enriched.

SIXTH CAUSE OF ACTION
[Piercing The Corporate Veil]
29. Plaintiff realleges the averments contained hereinabove, and restates the same as if
fully rewritten herein.
30. Plaintiff is informed and believes, and on that basis alleges, that Defendant Ptak is, and
at all times mentioned herein was, a director, officer, shareholder, and/or member of, and in control of, Defendant THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh.
31. Plaintiff is further informed and believes, and on that basis alleges that, during the time
period in which Plaintiff allowed Defendants to collect the registration fees, THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh was insolvent; that during or shortly after the aforementioned time-period, Defendant Ptak diverted funds and/or other property of Defendant THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh for personal use or the use of others; and that Defendant Lease has otherwise ignored corporate formalities and treated the corporation as a mere facade for the operations of themselves and other shareholders and/or other persons in control of the corporation.
32. Defendant Ptak, in accepting the registration fees which he knew or should have known
that Defendant THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh would be unable to remit to Plaintiff, in diverting corporate funds and other property from Defendant THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh for his own personal use or the use of others, and by continuing to operate his business as THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh notwithstanding THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh was insolvent, caused unjust consequences to Plaintiff.
33. As a result of the aforementioned unlawful conduct of Defendants Ptak and THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh,
Plaintiff has suffered a loss in an amount in excess of$27,843.70.
34. Plaintiff is entitled to an order by the Court piercing the corporate veil of THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh and
C. As to the Third Cause of Action, damages in the amount of $27,843.70, punitive
imposing personal liability on Defendant Ptak in the amount of$27,843.70.
WHEREFORE, the City of Wauseon demands judgment against Defendants THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh, Inc. and
Daniel E. Ptak, jointly and severally, as follows:
A. As to the First Cause of Action, judgment in the amount of $27,843.70, plus interest at
the statutory rate, and court costs in this action.
B. As to the Second Cause of Action, liquidated damages equal to triple the amount of
Plaintiffs damages of $27,843.70 in the amount of$83,531.10 pursuant to O.R.
C. Section 2307.61, plus interest at the statutory rate, and court costs in this action.
damages, reasonable attorneys fees, plus interest at the statutory rate, and court costs in this action.
D. As to the Fourth and Fifth Causes of Action, damages in the amount of$27,843.70, plus
interest at the statutory rate, and court costs in this action.
E As to the Sixth Cause of Action, (1) an order by the Court piercing the corporate veil of
Defendant THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh, Inc., and imposing personal liability on Defendant Ptak for the debt of THE EVIL EMPIRE "Duuh Duuh da da da Duuh Duuh da da da Duuh Duuh; and (2) judgment against Defendant Ptak in the amount of $27,843.70, plus interest at the statutory rate, and court costs in this action.
F. For such other and further relief as this Court may find appropriate.
Respectfully submitted,
Thomas A. McWatters ill (0036914)
Attorney for Plaintiff