MOOREFIELD — A local bank is suing Martin Fast Food of West Virginia Inc. and Fred Martin, borrower and guarantor, citing alleged breach of contract.
Summit Community Bank Inc. filed a complaint on Aug. 25 in Hardy Circuit Court against the defendants, alleging that they failed to comply with the requisite of a commercial promissory note.
According to the complaint, the plaintiff alleges that on Nov. 15, 2011, Martin Food borrowed from the plaintiff the amount of $550,000, which was guaranteed by defendant Martin. According to a letter dated June 21, the defendants have defaulted under the note, the suit states, adding that as of Aug. 22, the amount of $491,076.64 remains due and owing. The plaintiff holds Martin Fast Food of West Virginia Inc. and Fred Martin responsible because the defendants allegedly failed and refused to pay the balance as requested in the June 21 letter.
The plaintiff requests a trial by jury and seeks judgment against the defendants, jointly and severally, in the amount of $499,858.04, plus interest, costs, attorney's fees, expenses and such other relief. It is represented by Kathy M. Santa Barbara of The Law Office of Kathy M. Santa Barbara PLLC in Martinsburg.
Hardy Circuit Court Case number 16-c-38