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:
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
/s/Millard 0. Anderson Jr.
Millard 0. Anderson, Jr.
Texas Bar No. 01229500
321 North Central Expressway
McKinney, Texas 75070
(623) 935-9745 (FAX)firstname.lastname@example.org
Attorney for Plaintiff