Carbon County Court news
The following actions were filed as mortgage foreclosures for alleged defaults on loans:
Harleysville National Bank and Trust Company, Harleysville, filed an action against Richard M. Ahner and Barbara A. Ahner, 2129 Long Run Road, Lehighton, over property at that address. Sought is $54,469.31 in principal, fees and interest on the mortgage and $8,382.67 in principal, fees and interest in a related loan agreement involving the property.
Wells Fargo Bank, N.A., Fort Mill, S.C., filed an action against Kenneth S. Getten and Ruth Ann Getten, 204 Fourth St., Weatherly, over property at that address. Sought is $70,619.58 in principal, fees and interest.
Wells Fargo Bank, N.A., Fort Mill, S.C., filed an action against Michael Carreras and Elena Carreras, 425 Oak St., Jim Thorpe, over property at that address. Sought is $36,031.11 in principal, fees and interest.
Deutsche Bank National Trust Co., as trustee in trust for the benefit of certificateholders of Ameriquest Mortgage, Irving, Tex., filed an action against Ronald D. Neff and Wanda L. Neff, 232 N. Second St., Lehighton, over property at that address. Sought is $148,132.48 in principal, fees and interest.
BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, Plano, Tex., filed an action against Paul R. Mosser Jr., 2595 Little Gap Road, Palmerton, over property at that address. Sought is $127,679.81 in principal, fees and interest.
The Township of Penn Forest, 2010 State Rt. 903, Jim Thorpe, has filed a municipal lien against Nicholas J. Smitreski, administrator of the Estate of Michael J. Smitreski, Allentown, over property in the township. The claim is based on an unpaid garbage bill for that premises from Jan. 1, 2009, through Dec. 31, 2009, in the amount of $125, plus filing costs of $43.90, seeking $168.90.
Seeks funds owed
for MV contract
The Ford Motor Credit Co., Mesa, Ariz., has filed a civil complaint against Michael Isley, 11 Hoh Trail, P.O. Box 541, Albrightsville, over a motor vehicle retail installment contract.
The suit contends the defendant failed to make payments owed for the purchase of a 2008 Ford Focus, which was repossessed and sold by the plantiff. Despite credit given the defendant in the amount of $11,000, the suit contends a balance of $2,852.96 is still owed the plaintiff. Ford Motor is seeking that amount, plus interest of $217.90, for a total of $3,070.86, in addition to additional interest and costs.
The same company filed a separate civil action against Kristie Thomas, 251 N. Second St., Lehighton, and Matthew Thomas, Allentown. The suit contends the defendants failed to make payments owed for the purchase of a 2008 Ford Escape, which was repossessed and sold by the plaintiff. Despite credit given the defendants in the amount of $6,200, the suit contends a balance of $6,031.02 is still owed the plaintiff. Ford Motor is seeking that amount, plus interest of $470.32, for a total of $6,501.34, in addition to additional interest and costs.
Breach of contract
Quality Petroleum, Inc., Birmingham, Ala., has filed a breah of contract suit against S & P Trucking, LLC, and Samuel Boncaro, 423 Columbia Ave., Palemrton.
The plaintiff contends it sold and delivered to the defendants certain goods, wares and merchandise and that as of May 30, 2008, the defendant has failed to pay the outstanding balance owed of $8,625.24. The plaintiff avers late charges of $1,843.65 and attorney's fees of $3,454.73 are due and owing, seeking judgment in the amount of $13,923.62, plus additional late charges and costs. Boncaro is named a defendant as having executed documents as the personal guarantor for S & P Trucking.
Sues for damages
caused in accident
The Nazareth Mutual Insurance Company, as subrogee for Charles and Sandra Kistler, Nazareth, filed a civil action against Donald R. Long, 297 Harvard Ave., Palmerton, seeking to recover expenses it paid as a result of damages the Kistlers sustained in an automobile accident.
The suit claims on Aug. 20, 2008, Long was operating a 1995 Isuzu Rodeo north on Forest Inn Road, Aquishicola, when it went out of control, struck a concrete wall, traveled 20 feet anf struck the front porch of the Kistlers at 4165 Forest Inn Road, causing $5,784.52 in damages.
The plaintiff said it was determined Long did not have appropriate insurance for the vehicle and that the insurance company has been unable to recover expenses paid due to the accident.
Judgment in the above amount, plus interest and costs, is being sought through arbitration.
Jury trial demanded
Joseph and Lisa Tufaro, husband and wife, of Greentown, Pa., has filed a civil action against Milestone Developers, inc., 2599 State Route 903, Suite 2, Albrightsville, seeking damages in excess of $50,000. A jury trial is demanded.
The suit claims Joseph Tufaro was employed by Kals Construction/Insulation as a laborer/foam technician on a job at Monroe County property owned by Milestone Developers. On or about Jan. 29, 2008, the suit says, Tufaro slipped and fell on an accumulation of snow and ice which was located on the driveway of the property, resulting in him sustaining serious personal injuries, great pain and anguish and severe shock t his nervous system.
He is seeking a judgment in his behalf in excess of the jurisdictional limit regarding arbitration by local rule, plus interest and costs. A second count in the complaint claims Lisa Tufaro suffered loss of consortium as a result of the carelessness and negligence that was attributable to her husband's injuries.
David K. Christman, 236 W. Columbus Ave., Nesquehoning, filed against Cynthia G. Christman, 54 W. Mill St., Nesquehoning. They were married Aug. 25, 2001.
Timothy Bernhard and Antonia Bernhard, 20 W. Fourth St., Jim Thorpe, has filed a civil action against American Recreational and Stove Warehouse, Inc., Whitehall, concerning details of a planned swimming pool purchase.
The plaintiffs allege on June 7, 2009, they entered an agreement with the defendant for the purchase of an above-gound swimming pool at a cost of $4,821, but on July 25 notified the company they had changed their minds because they wanted to purchase an in-ground pool, requesting a refund of the payment that had been made. The suit says the parties eventually met to dicsuss an in-ground pool, which the defendant proposed would cost $13,490. The plaintiffs said they notified the company the following day that they did not want to enter into a contract sincethe pool would not be installed for another year, and again requested the refund of the monies paid for the above-ground pool.
The suit contends the defendant has failed to refund the money, advising the plaintiffs the firm does not give refunds under any circumstances, an action the plantiffs contend are unfair or deceptive acts or practices. The suit asks for judgment in the amount of $4,821 in three counts against the defendant, plus judgment in the amount of $14,463, plus costs and attorney's fees, for alleged violation of the Plain Language Consumer Contract Act and the Unfair Trade Practices and Consumer Protection Law.
Jessica Spess, Limerick, Pa., had filed a civil action against J & R Slaw, Inc., Bob Slaw, Tim Slaw and Chris Slaw, 438 Riverview Road, Lehighton.
The action, started by filing of a writ of summons, charged the defendants with defamation.