GLENVILLE—A Washington State-based firm doing business in West Virginia is suing a Gilmer County automotive company and its principal claiming breach of contract in a 2013 monetary dispute.
Financial Pacific Leasing Inc. filed a lawsuit against Jason Rosenburg of Troy and Red-Hot Transportation LLC of Weston in Gilmer Circuit Court on Aug. 6, asserting breach of contract in March.
The suit states that Red-Hot entered into a lease agreement with the plaintiff on March 18 for the use of a 2006 Freightliner truck whereby the defendant would make monthly payments of $1,319 beginning April 1 and continuing for 60 consecutive months.
According to the complaint, Rosenburg also signed an equipment lease guaranty on March 18 to unconditionally guarantee full payment and compliance with all terms of the lease agreement.
Financial Pacific Leasing avers that Red-Hot and Rosenburg failed to make any payments under the contract and claims that the defendants are in breach of the agreement and the guaranty.
The plaintiff wishes to accelerate the sum of all unpaid monthly lease amounts and to have the court declare all rents and associated costs fully payable due to the default.
Financial Pacific seeks return of the Freightliner truck, compensatory damages for the amount of $82,048.51, plus interest, attorney’s fees and costs.
The plaintiff is represented by Natalie Corrigan of Campbell Woods in Huntington. The case has been assigned to Judge Richard A. Facemire.
Gilmer Circuit Court case number 15-C-25