Motion to dismiss
A motion to dismiss petition filed with the county court by a defendant in a pending criminal case, has been denied in a 17 page memorandum opinion issued by a county judge.
Michael T. Degilio, 42, of Dogwood Drive, Bear Creek Lake Estates, Penn Forest Township, a licensed psychologist, filed a motion to dismiss the charges pending against him because the Commonwealth violated Rule 600 which mandates a person charged with a crime must be brought to trial within a certain time frame.
Degilio was charged on Jan. 25, 2010, with having inappropraite sexual contact with a patient. The case has been scheduled for trial on multiple occasions but continued for various reasons.
President Judge Roger N. Nanovic denied the petition but caution the Commonwealth "to be mindful of the applicable time constraints."
Nanovic initially notes in his opinion that the "heart of Defendant's challenge is whether defense continunances necessitated because of the Commowealth's delay in responding to requests for discovery count against the Commonwealth or the defense."
Degilio has been charged with involuntary deviate sexual intercourse (forcible compulsion), indecent assault (forcible compulsion), and indecent exposure.
Nanovic fully reviews the case history and notes the various continuances filed in the case by both defense and the prosecution and their listed reasons for those continuances.
Nanovic noted that under Rule 600 a defendant must be brought to trial within 365 "non-excludable" days of the filing of the complaint against him. Nanovic ruled that Degilio's right to a prompt and speedy trial under the rule was not violated.
Degilio's trial is scheduled for the May term of criminal court.
Eudora Matos, 123 W. Blaine St., Apt. 2, McAdoo, filed against Ernesto Matos, 224 First St., Weatherly. They were married Sept. 19, 1993.
Debora Kalinowski, 398 Center St., White Haven, filed against Stanley P. Kalinowski, same address. They were married May 6, 1988.
A total of 312 cases were started in March in the office of Carbon County Prothonotary Joann M. Behrens, according to a monthly statistical report released by the officeholder. A breakdown of the cases is as follows:
Civil actions, 16; custody complaints, 11; district justice appeals, 7; divorce complaints, 26; license appeals, 5; mandamus, 1; mortgage foreclosure complaints, 38; judgments, 173; miscellaneous, 4; partition, 1; protection from abuse petitions, 27; zoning appeal, 1; court rules, 1; and stipulation/waiver of liens, 1. The office staff also received and processed 113 applications for U.S. Passports.
Behrens' financial report shows $28,724.01 was generated as follows: prothonotary's fees, $23,952.60; interest income $.59; PFA Surcharge, courts, $89.10; PFA Surcharge, Sheriff, $35.90; custody fees, $600; data processing fees, $4,045.82.
The prothonotary also remitted $3,435.89 to the Commonwealth of Pennsylvania, Department of Revenue, representing state fees collected locally, and $66 to the Administrative Offices of the Pennsylvania Courts, this being surcharges on new custody cases in accordance with Act 119 of 1996. Another $902.10 was deposited in the Prothonotary's Automation Fund, for future use in automating the office.
An Allentown man's appeal of his conviction on drug counts and a state prison term imposed on those charges has been denied in a memorandum opinion handed down by the county court.
Drew Ali Muslim, 29, of Allentown, was convicted by a jury on Sept. 11, 2012, of one count each of possession of a controlled substance, possession with intent to deliver, and possession of drug paraphernalia. He was later sentenced to serve 28 to 48 months in a state prison.
Muslim then appealed the verdict and sentence imposed.
President Judge Roger N. Nanovic denied the appeal in a 12 page opinion. Muslim challenged the sufficiency of the evidence.
Muslim was arrested on June 29, 2011, after state police served a search warrant on a residence at 86 Mountainview Drive, Bear Creek Lakes, in Penn Forest Township.
Found ni the home was items commonly used to package drugs for sale, 30 to 40 prescription pain pills, crack cocaine, and other drugs and materials consistent with sales.
Muslin was one of several persons found in the home at the time.
He was later transported to a hospital after he had swallowed some of the illegal drugs.
After reviewing the circumstances of the arrest and testimony at trial given by the investigating officers, Nanovic concluded that there was more than sufficient evidence presented at the trial to convict Muslim of the charges. He ruled the evidence "fairly and fully supports the jury's decision."
The following actions were filed by credit card companies, or their collection agencies, for alleged defaults on credit card/loan accounts.
Midland Funding, Mechanicsburg, filed two actions as follows: Joseph Smith, 68 Deer View Drive, Jim Thorpe, seeking $9,797.22; and Tonya Decker, 2385 Litle Gap Rd., Palmerton, seeking $1,048.66.
Asset Acceptance, Mechanicsburg, filed three actions as follows: Deborah L. George, 2175 Forest Inn Rd., Palmerton, seeking $2,796.60; Shawn V. Sitarchyk, 439 Pine Hollow Drive, Lehighton, seeking $2,292.38; and Diane K. Smith, 783 Edgemont Ave., Palmerton, seeking $1,596.84.
The following actions were filed as mortgage foreclosures for alleged defaults on loans.
Nationstar Mortgage, c/o 350 Highland Drive, Lewisville, Tex., filed against Terry R. and Kelly L. Everett, aka, Kelly L. Rose, 190 Dead End Lane, Lehighton, over property at that address. Sought is $162,054.23 and continuing interest.
Ocwen Loan Servicing, c/o 1100 Virginia Drive, Fort Washington, filed against Jose E. and Melanie Martell, 2364 Arapahoe Road, aka, 88 Arapahoe Road, Albrightsville, over property at that address. Sought is $180,239.77 and continuing interest.
Sovereign Bank, c/o 824 N. Market St., Wilmington, Del., filed against Charles and Joann Meckes, 9 Short Road, Jim Thorpe, over property at 42 E. Fifth St., Jim Thorpe. Sought is $77,681.81 and continuing interest.
Gene D. and Anne K. Roberts, Revocable Trust, Maria Klementovic, successor trustee, with principle address of 11025 SW 73rd St., Ocala, Fla., filed against Joseph M. Smith, 109 Deerview Drive, Jim Thorpe, over property at that address. Sought is $51,354.75 and continuing interest.
Deutsche Bank National Trust Co., c/o 1661 Worthington Rd, West Palm Beach, Fla., filed against Sharon and Paul Wheeler, 117 Caedman Drive, Albrightsville, over property at that address. Sought is $153,956.19 and continuing interest.
U.S. Bank National Association, c/o 3425 Vision Drive, Columbus, Ohio, filed against Charles and Deborah Jackson, 224 W. Abbott St., Lansford, over property at that address. Sought is $101,703.26 and continuing interest.
Bank of America, c/o 7105 Corporate Drive, Plano, Tex., filed against Loretta S. Wilmot, 415 N. Fourth St., Lehighton, over property at that address. Sought is $94,529.95 and continuing interest.
Bank of America filed against Wilbur and Thirza Wesselius, 31 Shin Hollow Rd., Port Jervis, N.Y., over property at 106 Penn Forest Drive, aka, 525 Penn Forest Drive, Albrightsville. Sought is $207,665.58 and continuing interest.
National Collegiate Student Loan Trust, c/o 1 Cabot Rd., Medford, Mass., filed an action against Stephanie Rehnert, and Earlene Stinnard, both of 274 Indian Hill Rd., Lehighton, alleging they defaulted on a promissory note. Sought is $6,103.24 plus interest, costs, and fees.
Roof repair dispute
Floyd and Marian Hoffman, 190 Decker Lane, Weatherly, filed a civil complaint against Nick Degiglio, general contractor, of 208 E. Centre St., Nesquehoning; Donald Keck, dba, Keck Roofing & Siding Supply Co., 611-617 Maple St., Hazleton; and IKO Manufacturing Inc., 120 Hay Rd., Wilmington, Del.
The suit states the plaintiffs' purhcased shingles from Keck to replace the roof on their residence, at a cost of $5,756. Degiglio was hired to provide labor to replace the roof at a cost of $8,000.
On Aug. 24, 2010, Degiglio started the work and completed the replacing in September 2010. The suit charges within months shingles in various locations on the roof began to peel back, separate and blow off. Degiglio replaced missing shingles but the problem of the shingles blowing off persisted, the suit adds.
Degiglio said he would provide labor to replace the roof but shingles installed were defective and he would not pay for new ones, the suit continues.
Despite demands and requests to Degiglio to rectify the problems, he refused, the suit alleges. The Hoffmans contacted Keck concerning the problem with the shingles, and charges Keck had a duty to notify IKO as result of installation and product defects.
The Hoffmans', the suit states, had to replace the roof at their expense for $25,315.
The suit charges the defendants with breach of contract, breach of warranty, and violation of unfair trade practices act and consumer protection law.
Sought are damages of $120,495 plus interest, costs, and fees.