Heather Isringhausen Gvillo Mar. 29, 2016, 3:01pm


A man claims he attempted to pay the remaining balance for a leased truck in September, but the man leasing the truck didn’t even own the title to the vehicle in question.

Charles W. Pence filed the lawsuit on Nov. 9 against Brennan D. Weber.

According to the complaint, Pence owns a Peterbilt truck that he leased to Weber per a lease purchase agreement from May 31, 2015. He claims Weber failed to comply with the terms of the agreement, still possesses the vehicle and is in default.

Weber filed a four-count counter-complaint on Jan. 6 through attorney Joseph Reames of Wood River. He alleges he entered into a contract with Pence on May 31, 2015, to purchase the truck. He claims the contract does not contain language preventing him from paying the balance in advance of the due date or language stating any limitation on the form of payment he could use to pay the balance.

Then on Sept. 16, Weber claims Pence assured him that he was able to process a credit card transaction to pay the remaining balance. But when he attempted to pay the balance, Pence said he was unable to receive the payment form.

Weber also alleges Pence did not have clear title to the 2010 Peterbilt at the time they entered into an agreement, because he continued to owe more than $52,000 to a third party finance company for his own purchase of the tractor.

Weber also answered the complaint on Jan. 6, denying the allegations against him.

Pence answered the counter-complaint on Jan. 29 through attorney Janel Freman of the Law Office of Unsell, Schuman & Freeman in East Alton. He denied the allegations against him.

On March 11, Circuit Judge John Barberis filed an order for Pence to have temporary possession of the truck. He scheduled a case management conference for April 22 at 9 a.m.

Madison County Circuit Court case number 15-L-1444

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