Almost Heaven Creamery sued by Comerica over loan

By Kathryn Rees | Oct 8, 2013

CLARKSBURG - A Morgantown company is being sued for an allegedly unpaid small business loan.

Comerica Bank filed suit on Sept. 30 against Almost Heaven Creamery LLC, Jeffrey Spinder and Melissa Spinder, both of Morgantown, for failure to pay the outstanding balance on a U.S. Small Business Administration Note.

According to the filing, the Spinders borrowed $351,000 from the plaintiff in February 2005. The original agreement called for a monthly payment of $4,259 with eight percent APR. The defendants allegedly defaulted on the note Aug. 1, 2011.

As of Sept. 17, the defendants owe a principal balance on the note of $150,066.81, $20,391 in unpaid interest and $5,494 in late fees, according to the suit.

The plaintiff is seeking $175,953.24, accruing interest, fees and costs, reasonable attorney's fees and post-judgment interest. The bank is represented by Charleston attorney Robert L. Bandy of Kay Casto & Chaney PLLC.

The defendant operates a Cold Stone Creamery on High St.

United States District Court for the Northern District of West Virginia Case No. 1:13-cv-222.

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