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Carbon County Court news

Published December 31. 2010 05:00PM

Podiatry suit

The Estate of Guy S. Kenion, by and through Dr. Banjamin Lanza and Steven J. Hartz, executors, has filed a civil action against Dr. Kurt J. Gustafson, Dr. Edward C. Beckett, Dr. Matthew O. Mertz, Carbon Foot and Ankle Centers, P.C., and Kenion Podiatry Associates, P.C., claiming the defendants diverted the assets of the plantiff's professional medical practice to their own use and for their own benefit, depriving the heirs of the economic value, benefits and profits of the business.

Dr. Kenion maintained a podiatry practice, Kenion Podiatry Associates, at 1163 Interchange Road, Lehighton, for many years until he died of cancer on Feb. 3, 2009.

Drs. Gustafson, Beckett and Mertz are all doctors of podiatry who carry business addresses of 215 S. First St., Lehighton.

The complaint says Dr. Kenion, in March, 2008, began preliminary discussions with the defendants concerning the feasibility of merging their respective practices, but the late doctor never committed to the merger and was never able to participate in further discussions about the idea because of his illness.

The plaintiffs contend the defendants proceeded to organize a new corporation, carbon Foot and Ankle Centers, P.C., and diverted assets of Kenion Podiatry Associates to their own use, including physical assets, medical equipment, furniture, fixtures, equipment, supplies, patient records and patient lists.

The complaint lists seven counts, including fraud, breach of fiduciary duty, breach of contract and interference with contractual relations, unjust enrichment and promissory estoppel, for which the plaintiffs are seeking judgment in the amount of $50,000 each; an action for accounting, asking the court to order the defendants to render a full and accurate accounting of all financial activities converted by the defendants to their own use; and breach of contract, the last charge relating to a 2005 Audi automobile that had been owned by Dr. Kenion and Kenion Podiatry Associates that the suit contends Dr. Gustafson took possession of for his own use. That count seeks damages in the amount of $8,820.35.

Divorce filed

Lori Ann Dacey, 2 Little Flower Ave., Nesquehoning, filed for divorce from Theodore M. Dacey Jr., same address. They were married June 6, 1998.

Value of lumber

The Murphy Lumber Company, 79 State Rt. 437, White Haven, has filed a civil action against H & S Homes, inc., 1787 Rt. 903, Jim Thorpe, over lumber and materials the company says it sold the contractor.

The suit contends from June 1 through Aug. 31, 2009, the plaintiff delivered the goods to the defendant who orally agrees and mutually understood the defendant would pay for them in keeping with the parties' prior dealings and the customary practice within the construction industry.

Claiming H & S benefitted from unjust enrichment, the plaintiff asks the court to grant judgment against the contractor in the above-listed amount, plus pre- and post-judgment interest and costs, and to grant the plaintiff expenses and attorney's fees it incurred in connection with the legal action.

Municipal lien

The Borough of Parryville has filed a municipal lien against Steven W. and Rebecca A. Fritzinger, 115 S. Fireline Road, P.O. Box 6, Parryville, for being in default of the 2009-2020 sanitation services fee owed by the property owners. The lien is in the amount of $479.50.

Credit defaults

The following actions have been filed by credit card companies, or their collection agencies, for alleged defaults on credit card/loan accounts:

Advantage Assets II, Inc., Houston, Tex., filed against Eric Strohl, 655 Franklin Ave., Palmerton, seeking $1,067.43.

Discover Bank, New Albany, Ohio, filed against John L. Petrosky, 51 Petrosky Lane, Weatherly. Sought is $5,139.38, plus costs.

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