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Friday, May 3, 2024

GFRS Equipment Leasing Fund II sues Kitzmiller Trucking for defaulting on lease

State Court
Contract 1464917 1280

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KEYSER — GFRS Equipment Leasing Fund II LLC is suing Kitzmiller Trucking & Stone (KTS) for failing to abide by the terms of a lease.

Harold Kitzmiller and Cecelia Kitzmiller were also named as defendants in the suit.

GFRS entered into a lease with KTS on Oct. 9, 2018, for a 2005 Deere 648G3 and a 2000 Timbco T445D Feller Buncher track cutter, according to a complaint filed in Mineral Circuit Court.

As per the lease, KTS was to pay $10,600 the first month and $3,045 per month for the remaining 48 months, according to the suit. However, KTS stopped making the payments in May 2020 and has been in default.

GFRS claims KTS now owes an extra $456.75 per month in late fees for the missed payments. KTS owes $62,063.96 on the lease, plus late fees and other payments for a total of $124,219.69, according to the suit

GFRS is seeking damages in the amount of $124,219.69 with pre- and post-judgment interest. It is represented by Charles C. Wise III and Leigh Anne Wilson of Bowles Rice in Morgantown.

Mineral Circuit Court case number: 21-C-8

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