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Carbon County Court news

Published January 02. 2013 08:10AM

Injunctive relief

Shawn Nalesnik, 120 N. Oak St., Summit Hill, has filed a complaint seeking declaratory judgment and injunctive relief against the United National Insurance Company, Bala Cynwyd, and Blue Label Properties, LLC, 422 N. Fourth St., Lehighton.

Nalesnik says he was injured in a fall allegedly resulting from the negligence of Blue Label Properties, which required him to utilize a defective ladder to perform a specific job task. Nalesnik says there is an underlying liability claim against Blue Label in a separate action in county court, the pleading of which are contradictory to the new action.

In the instant suit, Nalesnik says a full force insurance policy between Blue Label and National Insurance was in effect at the time of the injury, and an "independent contractor" exclusion exists in the policy. The plaintiff contends the exclusion is not applicable because he was subject to work controlled by Blue Label.

Nalesnik said as he was neither an independent contractor nor an employee of Blue Label at the time he sustained the injuries, he is entitled to the protection of the company's insurance policy. He asks the court to require United National to provide a defense to Blue Label in the companion case and to pay any judgment Nalesnik obtains from the court against Blue Label.

Divorce started

Ryan Miklas, 115 Lehigh Ave., rear, Palmerton, filed against Erin Miklas, 223 Delaware Ave., second floor, Palmerton.

They were married Nov. 26, 2010.

Zoning appeal

Glenn W. Neebe, Kintnersville, Pa., has filed an appeal of a decision of the Kidder Township Zoning Hearing Board that denied the plaintiff a permit to build a portico at his property located at 29 Crest Drive, Lake Harmony.

The portico, described in the appeal as a cover for the front door of the residence, was constructed on Aug. 3-4. The zoning board rendered a decision on Nov. 20 that Neebe contends is not factually based. Among the plaintiff's other contentions are that Crest Drive is not a public road and is not subject to authority of the township. Neebe further claims the township's ordinance does not provide a definition of a portico, saying it is not a porch because it has no floor and because it is not intended an open room on the house, and the portico is not a carport because it is not intended for the storage of one or more vehicles in the same manner as a private garage.

The plaintiff argues the purpose of the portico is to permit passengers to enter the front door of the house without being exposed to weather.

Credit default

Citibank, N.A., Sioux Falls, S.D., has filed a complaint against Giuseppe Puddo, 169 Yellow Run Road, Jim Thorpe, claiming the defendant defaulted on a Home Depot credit card account. Sought is $3,008.71 plus costs.

Target National Bank, f/k/a Retailers National Bank, c/o Blatt, Hasenmiller, Leibsker and Moore, LLC, Philadelphia, filed a credit account default complaint against James L. Macaluso, 108 W. Diaz Ave., Nesquehoning. Sought is $4,959.22 plus costs.

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