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Carbon court news

Published December 29. 2012 09:01AM

Credit defaults

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

Discover Bank, c/o DB Servicing Corporation, New Albany, Ohio, filed against Robert S. Voto, 7 Sycamore Circle, Albrightsville. Sought is $10,177.16 plus costs.

Discover Bank, f/k/a Greenwood Trust Company, New Castle, Del., filed against Eylin J. Agosto, 1197 Germans Road, Lehighton. Sought is $7,460.84 plus interest and costs.

Judgments recorded

A transcript of judgment ordered by Magisterial District Justice Joseph M. Homanko against Robert S. Forish, 63 Maple St., Tresckow, has been recorded in the county court in favor of Equable Ascent Financial, LLC, Buffalo Grove, Ill., in the amount of $6,285.25. The judgment was declared on Oct. 25.

Mortgage foreclosure

OneWest Bank, FSB, Austin, Tex., filed a mortgage foreclosure complaint against Steven L. Schneider, administrator of the Estate of Paul Schneider, 12 E. Fourth St., Jim Thorpe, over a property at 18 Cottonwood Drive, Jim Thorpe (Penn Forest Township). Sought is $82,692.93 and continuing interest.

Sues for damages

John H. and Vanessa Reedy, husband and wife, of 247 Berger Creek Road, Lehighton, have filed a civil action against Charles Krupnick, Laureldale, Stericycle, Inc., Morgantown, and Five Star International, LLC, Harrisburg, seeking damages relating to a motor vehicle accident.

The suit, started by filing a writ of summons that does not list the specific allegations, lists only that the claim being sought is outside the limits of arbitration.

Complaint in ejectment

PNC Bank, N.A., Miamisburg, Ohio, has filed a complaint in ejectment against Juan A. Cisterna, and any other occupants, 100 Buttercup Way, Kunkletown, seeking possession of the premises at that address.

PNC says in its complaint it is the owner of the premises by virtue of a sale conducted by the Carbon County Sheriff's Office in conjunction with a mortgage foreclosure action, and that Cisterna, and any other occupants, have no right to possession of the premises.

Adverse possession

Gregory F. and Rosemarie Strubinger, husband and wife, of 88 W. Eighth St., Jim Thorpe, have filed a civil action against the Borough of Jim Thorpe, 101 E. 10th St., Jim Thorpe, asking the court to declare them the legal and equitable owner of a disputed property and forever barring and stopping the borough from having or claiming any right, title or interest in the land.

The suit contends the Strubingers are the owners of property know ad Spring Alley, a/k/a Spring Street, and have continued to use the property since May 9, 1996, without interruption. They claim their use and possession of the disputed property continues to be actual, continuous, exclusive, visible, notorious, distinct and hostile, asking the court to declare them the sole owners of the land because of adverse possession that exceeds 21 years.

Condemnation appeals

Gregory Duschak, 2238 Cherry Hill Road, Parryville, has filed an appeal of a decision of a Board of View concerning the value of property of his that was taken by the Pennsylvania Turnpike Commission, Harrisburg.

In the appeal, Duschak identifies the property in question as that located at 201 State Street in parryville. The property was taken by eminent domain by the Turnpike Commission in March, 2006, and two months later, the condemnor estimated just compensation for it was $77,000, although Duschak says he did not accept the payment as being "just."

In November of this year, the Board of View filed a report incident to a hearing it held in 2011 over the challenge. In appealing the board's filing, Duschak claims the amount of damages awarded by the board is inadequate and does not represent just compensation; that the report fails to state the date from which delay compensation shall be calculated; and that any calculation of delay compensation based on the amount of damages awarded by the board would be erroneous because any such calculation based on the amount of damages that does not represent just compensation would be erroneous.

In a counter action, the commission filed an appeal of the same Board of View ruling, claiming the amount of damages awarded for the loss of the access road on the property, as well as the value of the temporary easement, is excessive and not fair and just compensation. The commission is asking the court to schedule a jury trial to resolve the differences between it and Duschak.

Nursing home sues

The Mahoning Valley Nursing and Rehabilitation Center, 397 Hemlock Drive, Lehighton, has filed a civil action against Gwen Schuster, Whitehallm and Wanda Marlow, 430 Cypress St., Lehighton, concerning debt collection.

The case was started by requesting a writ of summons be issued against the two defendants concerning obligations relative to an admission agreement signed with the home.

Hospital wants medical costs

The Remit Corporation, Bloomsburg, has filed a civil action against Stephanie Stidham, 154 South Ave., Jim Thorpe, on behalf of the Blue Mountain Health System.

Remit, the assignee for the hospital, claims Stidham received medical treatment, services and/or supplies during a procedure Sept. 3, 2009, at the Gnaden Huetten Memorial Hospital, Lehighton.

The plaintiff contends the total reasonable value of the services, treatment and supplies provided by Gnaden Huetten is $9,656.35, which Stidham has refused to pay despite frequent demands to do so. Remit is asking the court to enter judgment in that amount against the defendant, as well as other and equitable costs.

Rite Aid files suit

Rite Aid of Pennsylvania, Camp Hill, has begun a civil action against the Eagle Properties and Management Corporation, Allentown, seeking unspecified monetary damages.

The suit was started by filing of a writ of summons by Rite Aid, as successor in interest to the Eckerd Corporation. No other specifics of the claim have been listed in the initial pleadings.

Judgment recorded

A transcript of judgment has been filed by Midland Funding, LLC, c/o Burton Neil & Associations, P.C., West Chester, against Charles Chieffo, 807 Getz Dawl Road, Palmerton, in the amount of $9,584.37.

Magisterial District Justice William J. Kissner on Oct. 5 in favor of the bank which alleged Chieffo is in default of a credit account with the lending institution.

LVNV Funding, LLC, Scranton, has filed a judgment against Barry Weaver, 490 N. First St., Third Floor, Lehighton, in the amount of $1,643.37.

The judgment was ordered by Magisterial District Justice Edward M. Lewis on April 3 as a result of the plaintiff's complaint that Weaver defaulted on credit the lending firm extended to him.

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