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Carbon County Court news

Published January 01. 2010 05:00PM

Sues for fraud

A six-count civil action has been filed by an Easton man who claims he was the victim of fraud and other related offenses by a Lehighton man stemming from an apparent business relationship the two men shared.

Scott Garcsar, the plaintiff, is seeking $50,000 for each of the six counts and has asked the court to schedule a jury trial to resolve the differences in the case.

The defendant is David J. Williams Jr., individually, and d/b/a Williams Heating and Cooling, 286 Lower Nis Hollow Drive, Lehighton.

The suit contends on or about Jan. 1, 2008, Garcsar and Williams entered into a verbal partnership that called for both parties to have equal shares of Williams Heating and Cooling, a business located at 4772 Rt. 309, Schnecksville, whose primary purpose was to install and service heating, ventilation and cooling systems.

On March 16 of that year, Garcsar contends, based on Williams' assurances of equal partnerhip, he transferred title of his van to the company and had it lettered, continuing to pay 100 percent of the insurance, maintenance and upkeep of the vehicle.

The plaintiff contends the company entered into an agreement on Jan. 1, 2009, with a Peter Zellner to provide HVAC services on his premises, for which Zellner eventually the firm $80,000. Garcsar contends on April 1, 2009, Williams paid him $2,000 from the completion of the job, but alleges it is believed Williams retrained the balance of the proceeds.

The suit also says on or about March 27, 2009, Williams went to the plaintiff's residence for the purpose of borrowing the van for a personal errand, at which time he entered Garcsar's garage and loaded the van with tools owned soley by the plaintiff or co-owned by the two.

Garcsar claims Williams has refused to provide him half of the proceeds from the Zellner project, as well as the return of the van or the plantiff's tools. He alleges Williams has undercapitalized Williams Heating and Cooling, failed to adhere to corporate formalities for that entity, substantially intermingled corporate and personal affairs with that entity and has used the corporate form to perpetuate a fraud fon the plaintiff.

In other counts, the plaintiff says the same averments and allegations constitute breach of contract, unjust enrichment, breach of ficuciary duty, conversion and fraud. A claim for an accounting is also included in the complaint.

Deeds recorded

Penn Forest Township

E & M Realty, L.P., to Jon Breisinger, Allentown, Towamensing Trails Lot V01980, Section E-V, $26,000.

Michael M. Henninger to Alan M. Brenner, Easton, Penn Forest Streams lots 356 and 357, Section 5, $35,000.

Carl S. Lehmann to Christopher M. Barr, 96 Cold Spring Drive, Jim Thorpe, property at 96 Cold Spring Drive, $189,000.

William J. Gaasche to Michael J. Brennan, Springfield, Pa., property at 65 Dogwood Drive, $165,500.

Tax Claim Bureau of Carbon County to SVC Properties, LLC, P.O. Box 197, Albrightsville, property on Stony Mountain Road, $6,020.

Tax Claim Bureau of Carbon County to Mid County Resources, LLC, 1933 State Rt. 903, Jim Thorpe, nine transactions, properties in Towamensing Trails as follows: 1873 Wylie Circle, $6,020; Trails Lot 399, Section I, $17,007; Lot V-619, Section E-V, $18,813; Lot V-1956, Section E-V, $17,910; Lot 1833, Section IV, $6,773; Lot 2185, Section IV, $6,020; Lot 2185, Section IV, $17,007; Lot V-1907, Section E-V, $17,609; and Lot V-1901, Section E-V, $17,910.

Frances Infantino to Mitchell Ross, 1 Mountain Road, Albrightsville, Indian Mountain Lakes Lot 707, Section B, $10,000.

Michael R. Knaus to Penn Forest Township Volunteer Fire Co. No. 2, P.O. Box 125, Albrightsville, Mt. Pocahontas Lot 2755, $6,000.

Pocono Homes, LLC, to Gennadiy Nefedov, Brooklyn, N.Y., Lot 109, Section D, Indian Mountain Lakes, $21,000.

Tatasyn, LLC, to Pocono Homes, LLC, to Pocono Homes, LLC, Brooklyn, N.Y., Indian Mountain Lakes Lot 312, Section C, $10,000.

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