Suit filed over unpaid promissory note

Kelly Holleran Feb. 25, 2009, 12:14pm

Marsha A. Diecker has filed a breach of contract complaint against Adkris, Walter G. Terry and Tommy Thompson, alleging she was not paid $170,000 she was owed under the terms of a promissory note.

Adkris signed a promissory note to Dieker on April 25, 2005, for $200,000 and Terry and Thompson signed a guaranty should Adkris default on payments, according to the complaint filed Feb. 19 in St. Clair County Circuit Court.

The note calls for interest to be paid on a yearly basis for at least $10,000 per year.

Adkris, Terry and Thompson made $30,000 worth of payments in 2006, 2007 and 2008, but failed to make the payment for January 2009, the suit states.

"On December 12, 2008, Plaintiff notified Walter Terry and Tommy Thompson, Defendants, of the January 1, 2009 due date for the loan payment of $10,000 principal and $10,200 interest," the suit states.

However, they have failed to make the payment, Diecker claims.

Adkris, Terry and Thompson still owe a principal balance of $170,000 on the note, according to the complaint.

In addition to the balance due, Diecker is seeking interest, costs, attorney's fees and other relief the court deems just.

Rosemarie Heidenreich Parker will be representing Diecker.

St. Clair County Circuit Court case number: 09-L-0087

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