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Carbon court news

Published December 23. 2013 05:01PM

Credit default

Portfolio Recovery Associates, LLC, c/o Blatt, Hasenmiller, Leibsker & Moore LLC, Philadelphia, has filed a civil action against James Sherry, a/k/a James Mermon, 128 N. Fourth St., Unit 2, Lehighton, alleging credit default.

The suit contends Sherry obtained extensions of credit with G.E. Money Bank F.S.B., J.C. Penney, agreeing to make monthly payments as required by the terms of the account, and has failed to make the payment.

The account that has a remaining balance of $2,893.54. Portfolio is seeking judgment in that amount, plus the costs.

Mortgage foreclosure

M & T Bank, Getzville, N.Y., has filed a mortgage foreclosure complaint against Gerri R. Kramer, 246 W. High St., Nesquehoning, over property at that address. The suit contends Kramer has been in default of the terms of the mortgage since May 1, 2013. Sought is judgment in the amount of $105,784.33 plus interest and costs.

Promissory default

T.C.F. Equipment Finance Inc., Minnetonka, Minn., has filed a complaint against Alliance Sand Operations LLC, Middle Smithfield Materials Inc., and Alan Siberini, 415 Golf Road, Palmerton, alleging default of a promissory note.

The complaints states Alliance Sand Operations executed a note on Sept. 29, 2008, and an amended note on Feb. 21, 2010, for the sum of $125,500, which was payable in monthly installments. T.C.F. contends the defendant defaulted the terms of the amended note, making its last payment on Dec. 31, 2010.

Pursuant to the terms of the note, the plaintiff says the entire balance of $90,245.25, plus interest, charges and penalty is due immediately.

It asks the court for judgment in the amount of $128,785.52 against Alliance, including the balance owed, interest of $18,693.75, attorney's fees of $18,049.05 and late charges of $1,797.47.

In a second count, the plaintiff contends Middle Smithfield Materials and Siberini executed written guaranties wherein they personally guaranteed the repayment of any and all extensions of credit the plaintiff would advance and that the guaranties provide for an interest rate of 18 percent per annum.

In all, the plaintiff has made demand against the guarantors for $154,945.79 with continuing interest.

Sues over accident

Richard A. and Ellen Defeo, 5 W. Broadway, Jim Thorpe, are seeking $50,000 in damages in each of three counts in a civil complaint they filed against Jeanine Swedar, 420 Center Ave., Jim Thorpe, concerning a motor vehicle crash.

The Defeos contend Swedar was the operator of a 2006 Kia Sportage on Dec. 22, 2011, on Route 209 in Jim Thorpe that crashed into the rear of a 2008 Saturn Astra operated by Richard Defeo that was legally stopped and awaiting to make a left turn.

As a result of the crash, Richard Defeo contends Swedar's negligence has resulted in him suffering severe and serious impairment of bodily function and painful and disabling injuries.

The second count of the complaint, filed on behalf of Ellen Defeo, says the injuries her husband sustained deprive her of his companionship, society and services.

The third count seeks an additional $50,000 in punitive damages.

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