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Schuylkill County court news

Published October 06. 2012 09:01AM

Divorces granted

Maria L. Campomizzi was granted a divorce from Steven J. Campomizzi, both of 83 Ryan Avenue, Tamaqua. They were married April 18, 1998.

David J. Bernitsky Jr., 17 Billies Hill Road, New Philadelphia, was granted a divorce from Heather M. Bernitsky, 13 Pine St., New Philadelphia. They were married April 12, 2004.

Walter A. Carey, Orwigsburg, was granted a divorce from Harriet M. Carey, Schuylkill Haven. They were married Dec. 31, 2003.

Candace L. Daubert was granted a divorce from Lynn R. Daubert, both of Pine Grove. They were married Oct. 8, 2004.

File for divorce

Christopher J. Hallick, 329 Coal St., Pottsville, started a divorce action against Bobi L. Hallick, 129 Coal St., Cumbola, Blythe Township. They were married Sept. 6, 1997.

Sues police lodge

Marvin Mertz, 371 Knoll Road, Lehighton, has started a civil suit against Fraternal Order of Police, Schuylkill/Carbon, Lodge 13, located on Owl Creek Road, Tamaqua, for allegedly failing to assist him in arbitration of a grievance he has against the Mahoning Township Police Department, for whom he worked as a police officer.

In his suit he claims Police Chief Ken Barnes and the township supervisors denied his grievance filed when the township voted not to compensate him for accumulated holiday and vacation time. He is asking the county court to find in his favor by entering a judgment against the FOP awarding him a sum of $8,898.70 for unused holiday and vacation time plus interest.

Not in contempt

George Rinda Jr., 656 Arlington St., Tamaqua, for the second time within the last four weeks was found not guilty of contempt of court pertaining to a charge that he violated his protection from abuse (PFA) order issued by Senior Judge D. Michael Stine last July 25. Judge Jacqueline Russell ruled on Wednesday, Oct. 3, that he was not guilty. Charges were brought by Tamaqua police.

In the information filed to court it charged Rinda on Sunday, Sept. 2, came into Saint John's United Church of Christ, 150 Pine St., and sat in a church pew several pews in front of Sandra McGeehan, who obtained the PFA order. It was alleged that he kept staring at her and her son and she felt threatened and had a friend, Brenda Bachert, go outside and call the police. When Bachert returned Rinda was gone.

The court ruled there was no violation. Rinda was in court Sept. 5 facing a similar violation this time for entering Boyer's Market where the victim was employed and walking around the store for 10 minutes and leaving. He also was found not guilty.

Accident suit

Joyce L. Musser and Emerson E. Musser, her husband, of 21 Meadow Lane, Rush Township, started a civil suit for injuries she suffered in an accident on April 24, 2011, along West Penn Pike (SR309). Named defendants were Sahan Express, LLC, Hazlewood, Mo.; Rissinger Brothers Transfer Inc., Mohrton, Ill., and Adam Aded, Saint Cloud , Minn.

Aded was operating a freightliner tractor trailer owned by Rissinger when he encountered objects on the road in the southbound lane and made quick turn to the left causing the tractor to enter the northbound lane and the vehicle jackknifed and came to rest blocking both lanes. The suit claims Musser's car came upon the tractor blocking its lane and was unable to stop and collided into it. Joyce Musser, a passenger, is reported to have suffered injuries. The couple is seeking damages in excess of $100,000.

Rules against tenant

In a dispute between a landlord and a tenant over who was entitled the insurance check covering damages to a restaurant, was resolved by an order of court.

After holding a hearing Judge James P. Goodman ruled in favor of the landlord because the lease provided that the tenant was required to maintain insurance on the building with the landlord listed as a loss payee. The building was owned by Seven Hills Hospital Inc., located at 1476 Route 61 Highway South, near Pottsville. The building housed a restaurant, known as Buffet House, which was operated by Qiaohui Chen.

The property was destroyed by a fire on Nov. 26, 2011, and Main Street America Assurance Company issued a check in the amount of $428,480, which represented the policy limits for the structure only. Main Street Assurance tendered a check payable to the insured Buffet House.

The suit was brought when the tenant refused to endorse the check over to the landlord. Goodman ordered Chen to execute the check or in the alternative to have the Schuylkill County Prothonotary execute the check on behalf of Chen whose argument was she paid for the insurance and she also suffered losses in the fire. The landlord said he planned to rebuild the restaurant.

Office report

Theresa Santai Gaffney, Register of Wills and Clerk of the Orphans' Court, released a report of activities for the month of September.

Estates processed totaled 52; 81 marriage licenses issued; and one adoption completed.

Her officer collected $413,859.40 in inheritance tax, which was remitted to the state; and collected $16,595.25 in fees for the county.

Found not guilty

George Rinda, of 656 Arlington St., Tamaqua, was found not guilty by Senior Judge D. Michael Stine of violating a Protective From Abuse (PFA) order after a hearing held recently in the county court.

Rinda was cited for the violation by Tamaqua Patrolman Joseph Krebs last July 27 when he was reported seen in Boyer's Supermarket, where the victim, Sandra McGeehan, is employed. Since Rinda only walked around the store and was in the building only 10 minutes and had no contact with the victim, the court ruled he had not violated the order which Judge Stine had previously issued.

Mortgage foreclosure

Bank of America, NA, Addison, Tex., filed suit against Jeffrey D. Grove and Jennifer D. Kirk-Grove alleging they have defaulted mortgage payments on the property at 276 Trout Run Road, Zions Grove, and that a principal balance of $112,380.14 plus interest and costs remain unpaid and the bank seeks foreclosure.

Raise assessments

Minersville Area School District appealed the market value of 33 properties were below the standard before the Schuylkill County Assessment Bureau was able to increase the assessed valuation on properties in its district for tax purposes by $430,985 by winning appeals to all 33 properties.

The two largest increases were a new construction built by MBC Development Corporation, LP, of Schuylkill Haven, at 6-8 Sunbury St,, which now houses the Dollar Store. The board increased the market value from $302,813 to $396,100 and the assessment from $151,405 to $198,05, an increase of $46,645 in assessment. The garage and car agency of Michael A. Watcher, located on the Minersville-Llewellyn Highway in Branch Township had the market value increased from $292,290 to $335,524 and the assessment from $146,145 to $167,760, an increase of $21,615 in assessment.

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