MARTINSBURG — A bank lender is suing a borrower and guarantors, alleging they owe more than $1.1 million for breach of a promissory note and guaranty agreements.
Branch Banking and Trust Company filed a complaint in U.S. District Court for the Northern District of West Virginia Martinsburg Division against Builders Unlimited Inc., Chad E. Johnson and Kelly K. Johnson, alleging failure to perform their obligations under the terms of the contract.
According to the complaint, on Dec. 16, 2005, the defendants executed a promissory note in favor of plaintiff in the amount of $1.64 million (note No. 49) and $318,359.71 (note No. 50/67).
As of May 24, the suit says, the defendants are indebted to Branch Banking for $1,163,017.49 (note No. 49) and $69,848.09 (note No. 50/67). The plaintiff alleges the defendants have failed to make payments for these amounts.
Branch Banking and Trust seeks trial by jury, judgment of $1,163,017.49 for note No. 49 and $69,848.09 for note No. 50/67, plus interest, attorney fees, costs and all other just and proper relief. It is represented by attorney Debra Lee Allen of Spilman Thomas & Battle PLLC in Morgantown.
U.S. District Court for the Northern District of West Virginia Martinsburg Division case number 3:18-cv-00083-GMG