You're viewing Docket Item 1 from the case Columbian Bank and Trust Company v. Miller. View the full docket and case details.

Download this document:















v.




Plaintiff,





COLUMBIAN BANK AND TRUST COMPANY )

)
)

)

)
)
)
) Case No. 07-CV-4123-CSOW
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

DANIEAL H. MILLER, P.C.

720 West Sexton Road
Columbia, MO 65203







Serve:
Registered Agent



Danieal H. Miller


720 West Sexton Road

Columbia, MO 65203





And






DANIEAL H. MILLER

Serve at: 720 West Sexton Road
Columbia, MO 65203








Defendants.































































UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MISSOURI




Plaintiff Columbian Bank and Trust Company, for its Complaint against

COMPLAINT

Defendants Danieal H. Miller, P.C. and Danieal Miller, alleges:

PARTIES

1.

Plaintiff Columbian Bank and Trust Company (“Columbian”) is a banking

corporation organized under the laws of the state of Kansas, with its principal place of

business located at 4701 West 110th Street, Overland Park, KS 66211.

Case 2:07-cv-04123-SOW Document 1 Filed 06/29/07 Page 1 of 6

2. Defendant Danieal H. Miller, P.C. is a professional corporation incorporated

under the laws of the state of Missouri, with its principal place of business located at 720

West Sexton Road, Columbia, MO 65203.

3.

Defendant Danieal H. Miller is an individual who is a resident and citizen

of the state of Missouri, who is domiciled in Boone County, Missouri. Defendant

Danieal H. Miller may be served at his business address, 720 West Sexton Road,

Columbia, MO 65203.

SUBJECT MATTER JURISDICTION AND VENUE



4.

This Court has diversity of citizenship subject matter jurisdiction over this

action, pursuant to 28 U.S.C. § 1332, because the amount in controversy between the

Plaintiff and the Defendants exceeds the sum of $75,000, exclusive of interest and costs,

and because there is complete diversity of citizenship between the Plaintiff, on the one

hand, and the Defendants on the other hand.



5.

Venue is proper in this Court because each of the Defendants resides in,

and/or does business in, this judicial district.

COUNT I – BREACH OF PROMISSORY NOTE AGAINST

DEFENDANT DANIEAL H. MILLER, P.C.

6.

On or about August 23, 2006, for value received, Defendant Danieal H.




Miller, P.C. made and delivered to Plaintiff Columbian, at its office in Overland Park,

Kansas, a promissory note in writing, by which Defendant Danieal H. Miller, P.C.

promised to pay to Columbian the principal amount of $199,995.38, with interest thereon

at an initial rate of 10.04% per annum, payable on demand, or if no demand is made,

installments of $4,267.91 commencing on September 23, 2006. A true copy of the

2



Case 2:07-cv-04123-SOW Document 1 Filed 06/29/07 Page 2 of 6

foregoing promissory note is attached hereto, marked “Exhibit A”, and incorporated by

reference herein.

7.

Defendant Danieal H. Miller, P.C. is in default on the Exhibit A

promissory note, and has not made any payments on said promissory note since January

31, 2007.

8.

Pursuant to the terms of the Exhibit A promissory note, and pursuant to

demand which has been made by Plaintiff Columbian, the full amount of the remaining

indebtedness on the Exhibit A promissory note is now due and payable to Plaintiff

Columbian. The amount due to Plaintiff Columbian, inclusive of interest, as of June 25,

2007, was in the amount of $202,481.33. In addition, Defendant Danieal H. Miller, P.C.

owes per diem interest on the Exhibit A promissory note in the amount of $80.13 for each

day after June 25, 2007.

9.

Pursuant to the terms of the Exhibit A promissory note, Plaintiff

Columbian is also entitled to recover all of its attorneys’ fees and expenses incurred in

collecting from Defendant Danieal H. Miller, P.C. the amounts due and owing by

Defendant Danieal H. Miller, P.C. on the Exhibit A promissory note.

WHEREFORE, Plaintiff Columbian prays for judgment in its favor and against

Defendant Danieal H. Miller, P.C. for the amount due and owing by Danieal H. Miller,

P.C. on the Exhibit A promissory note, in the amount of $202, 481.33 as of June 25,

2007, plus per diem interest of $80.13 for each day after June 25, 2007, until the date of

judgment; for Plaintiff’s costs; and for the full amount of Plaintiff Columbian’s attorneys’

fees and expenses incurred in collecting the amount due from Defendant Danieal H.

Miller, P.C.; and for such further relief as the Court deems just.

3



Case 2:07-cv-04123-SOW Document 1 Filed 06/29/07 Page 3 of 6

COUNT II – BREACH OF COMMERCIAL GUARANTY AGAINST

DEFENDANT DANIEAL H. MILLER

10.

Plaintiff restates and incorporates by reference herein the allegations of





paragraphs 1 through 9 of this Complaint.



11.

On or about March 2, 2006, Defendant Danieal H. Miller made and

delivered to Plaintiff Columbian a written Commercial Guaranty, a copy of which is

attached hereto as Exhibit B.

12.

Pursuant to the terms of the Exhibit B Commercial Guaranty, Defendant

Danieal H. Miller, as Guarantor, guaranteed the full amount of the indebtedness of

Defendant Danieal H. Miller, P.C. to Columbian.



13.

Because Danieal H. Miller, P.C. is in default on its obligations under the

Exhibit A promissory note to Plaintiff Columbian, Defendant Danieal H. Miller, as

Guarantor under the Exhibit B Commercial Guaranty, is obligated to pay Plaintiff

Columbian the full amount that is owed by Danieal H. Miller, P.C. to Plaintiff Columbian

on the Exhibit A promissory note.



14.

Pursuant to the terms of the Exhibit B Commercial Guaranty, Plaintiff

Columbian is entitled to recover from Defendant Danieal H. Miller the full amount of its

attorneys’ fees, court costs, and expenses incurred in seeking enforcement of its rights

under the Exhibit B Commercial Guaranty.

WHEREFORE, Plaintiff Columbian prays for the entry of judgment in its favor

and against Defendant Danieal H. Miller on Count II of this Complaint, in the amount of

$202, 481.33 as of June 25, 2007, plus the additional amount of $80.13 per diem interest

for each day after June 25, 2007, until the date of judgment; for its Court costs incurred

4



Case 2:07-cv-04123-SOW Document 1 Filed 06/29/07 Page 4 of 6

herein; and for its attorneys’ fees and expenses incurred in the enforcement of its rights

under the Exhibit B Commercial Guaranty against Defendant Danieal H. Miller; and for

such further relief as the Court deems just.

COUNT III – BREACH OF PROMISSORY NOTE AGAINST DEFENDANT

DANIEAL H. MILLER

15.

Plaintiff Columbian restates and incorporates by reference herein the




allegations of paragraphs 1 through 5 of this Complaint.



16.

On or about September 3, 2006, for value received, Defendant Danieal H.

Miller made and delivered to Plaintiff Columbian, at its office in Overland Park, Kansas,

a promissory note in writing, under which Defendant Danieal H. Miller promised to pay,

upon the demand of Plaintiff Columbian, the principal sum of $92,535.61, with an initial

interest rate of 9.57% per annum, with periodic payments to be made on said note, as

specified in said note, beginning on October 3, 2006.

17.

A true copy of the foregoing promissory note executed by Defendant

Danieal H. Miller is attached hereto, marked “Exhibit C”, and incorporated by reference

herein.

18.

Defendant Danieal H. Miller is currently in default on the Exhibit C

promissory note.



19.

On or about May 4, 2007, Plaintiff Columbian made demand on

Defendant Danieal H. Miller that Danieal H. Miller pay off the Exhibit C promissory note

in full. Despite such demand, Defendant Danieal H. Miller has not paid off the Exhibit C

promissory note.



20.

As of June 25, 2007, the amount owed by Defendant Danieal H. Miller to

Columbian under the Exhibit C promissory note was in the amount of $86,496.54,

5



Case 2:07-cv-04123-SOW Document 1 Filed 06/29/07 Page 5 of 6

inclusive of interest. In addition, for each day after June 25, 2007, Defendant Danieal H.

Miller owes, under the Exhibit C promissory note, the additional amount of $34.86 per

diem.



21.

Pursuant to the express terms of the Exhibit C promissory note, Plaintiff

Columbian is entitled to recover from Defendant Danieal H. Miller the full amount of its

attorneys’ fees and expenses incurred in collecting the amount due from Defendant

Danieal H. Miller under the Exhibit C promissory note.

WHEREFORE, Plaintiff Columbian prays for the entry of judgment in its favor

and against Defendant Danieal H. Miller on Count III of this Complaint, in the amount of

$86,496.54 as of June 25, 2007, plus the additional amount of $34.85 per diem interest

for each day after June 25, 2007, until the date of judgment; for its Court costs incurred

herein; for its attorneys’ fees and expenses incurred in the collection of the amount due

on the Exhibit C promissory note; and for such further relief as the Court deems just.









MO 26249
MO 36405



/s/ George A. Barton________________________
George A. Barton
Phyllis A. Norman
LAW OFFICES OF GEORGE A. BARTON, P.C.
800 West 47th Street, Suite 700
Kansas City, MO 64112
(816) 300-6250
(816) 300-6259 – Fax

ATTORNEYS FOR PLAINTIFF COLUMBIAN
BANK AND TRUST COMPANY

6



Case 2:07-cv-04123-SOW Document 1 Filed 06/29/07 Page 6 of 6