CLEARWATER – A bank has filed suit against a Pinellas County resident and a Maine corporation over allegations of failure to pay a loan.

TD Bank NA, formerly known as BankNorth NA, filed a complaint on May 9 in the 6th Judicial Circuit Court of Florida - Pinellas County against Sara Ellen and Co. Inc. and Sara E. Foltz alleging breach of contract.

According to the complaint, the plaintiff alleges that on Sept. 4, 2004, Sara Ellen and Co. Inc. executed and delivered to plaintiff a promissory note, payable on demand, in exchange for good and valuable consideration. The suit states Foltz delivered to the plaintiff a personal continuing unlimited guaranty.

Plaintiff alleges it complied with the contract but failed to receive payment of the amount due under the promissory note on May 28, 2013, and thereafter. Plaintiff claims it suffered damages, including but not limited to the principal amount of $22,972.12. 

The plaintiff requests a trial by jury and seeks payment for the principal amount due on the note of $22,972.12 plus interest, court costs, attorney's fees and such other and further relief the court deems just and proper. It is represented by Cheryl L. Burm of Weltman, Weinberg and Reis Co. LPA in Grove City, Ohio.

6th Judicial Circuit Court of Florida - Pinellas County Case number 17-002880-CI

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Pinellas Circuit Court
315 Court Street
Clearwater, FL 33756

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