PATRICK McGOVERN § IN THE COUNTY COURT
v. § AT LAW NO. 3
BRIAN M. STANGE and §
MARY ALLEN § TARRANT COUNTY, TEXAS
AFFIDAVIT OF PATRICK McGOVERN
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Patrick McGovern, who swore on oath that the following facts are true:
1. My name is Patrick McGovern and I am the Plaintiff in the above-entitled and numbered cause. As such, I am authorized to make this Affidavit. I have personal knowledge of the facts set forth herein, and they are all true and correct. The facts recited herein are true and correct and of my own personal knowledge.
2. During or about the month of October, 2004, Defendant Stange began discussing certain business opportunities with me regarding the computer technology field. After repeated discussions between us, Defendant Stange persuaded me to join with him in starting a business by the name of “ITGURU, ” which was to acquire and market computer hardware and provide IT services to businesses. Based on Defendant Stange’s representations regarding his vast and extensive expertise and experience in the field of electronics engineering and computer technology, all of which were greatly exagerated, I agreed to Defendant Stange’s request that I finance the purchase of certain computers and computer related hardware for the new business.
3. In order to facilitate the purchase of such items and based on his representations (which turned out to be false), I provided Defendant Stange with one or more credit cards which were to be utilized solely for the purchase of computers and computer related hardware for the ITGURU business.
4. Unfortunately, although Defendant Stange obtained one or more of my credit cards under false pretenses, Defendant Stange utilized the credit cards in question to purchase numerous personal items which had nothing to do with the ITGURU business and which cost tens of thousands of dollars. For example, Defendant Stange used my credit cards to purchase items at Neiman Marcus, Hooters, Walmart, Starbucks, National Corvette Liq-O-Rama, Nordstroms, Twenty-First Century Auto Parts and many other locations where he obtained goods and/or services for his own personal consumption and/or personal enjoyment. Because of Defendant, Stange, the ITGURU business never began.
5. Although I repeatedly questioned Defendant Stange about the use of the credit card account, Defendant Stange wrongfully represented to me that he had paid for the charges in question. Again, such representations were false inasmuch as Defendant Stange delivered one or more NSF checks to American Express in the amount of $17, 822.20 supposedly in payment of the charges on my account. Defendant Stange never paid me or my credit card companies for the goods or services he wrongfully acquired as a result of the use of my credit cards. Nor did Defendant Stange ever return any of such goods to me.
6. Because of Defendant Stange’s lies, deceptions and outrageous conduct, which includes conspiring and scheming to obtain funds from me wrongfully, I have incurred significant damages. My credit history, which prior to his involvement with Defendant Stange, was very good, has suffered dramatically. Defendant, Stange’s conduct was specifically intented to cause substantial injurty to me and I believe that punitive damages should be awarded against Defendant, Stange, in the amount of at least $25, 000.00
7. I have made one or more demands for payment upon Defendant Stange; however, he has refused and continues to refuse to make any payments to me or otherwise return to me any of the property purchased with my credit cards. Mary Allen has also enjoyed the benefits of Stange’s wrongful conduct.
8. After all lawful offsets and credits have been applied, Defendants now owe the sum of $38, 300.64 to me. Defendants also owe me for the attorney’s fees I incurred as a result of Defendants’ wrongful fraudulent conduct. I have agreed to pay the Law Offices of Jay E. Reedy to pursue my claims against Defendants.
Further affiant sayeth not.
SUBSCRIBED AND SWORN to before me on this _______ day April, 2006, to certify which witness my hand and seal of office.
Notary Public in and for the
State of Texas
My Commission Expires :