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Carbon County Court news

Published January 09. 2013 05:02PM

Mortgage foreclosures

Champion Mortgage Company, Lewisville, Tex., filed a mortgage foreclosure complaint against Norma E. Connolly, 166 Cold Spring Drive, Jim Thorpe, over a property at 509 Bear Creek Lake Drive, Jim Thorpe. Sought is $450,920.03 and continuing interest.

DLJ Mortgage Capital, Inc., Houston, Tex., has filed a mortgage foreclosure complaint against Anthony and Patricia E. Gadaleta, 974 Pohopoco Drive, Lehighton, over a property at that address. Sought is $346,890.27, plus interest and costs.

Prothonotary's report

A total of 232 cases were started in December in the office of Carbon County Prothonotary Joann M. Behrens, according to a monthly statistical report released by the officeholder. A breakdown of the cases is as follows:

Assessment appeal, 1; civil actions, 27; custody complaints,13; district justice appeals, 6; declaratory judgment, 1; divorce complaints, 9; ejectment complaints, 2; license appeal, 1; mortgage foreclosure complaints, 12; judgments, 120; miscellaneous, 1; protection from abuse petitions, 29; zoning appeals, 4; and stipulations/waivers of liens, 6. The office staff also received and processed 43 applications for U.S. Passports.

Behrens' financial report shows $21,614.75 was generated last month as follows: prothonotary's fees, $16,851.70; interest income $.55; PFA Surcharge, courts, $75; PFA Surcharge, Sheriff, $80; custody fees, $950; data processing fees, $3,657.50.

The prothonotary also remitted $2,338.63 the Commonwealth of Pennsylvania, Department of Revenue, representing state fees collected locally, and $60 to the Administrative Offices of the Pennsylvania Courts, this being surcharges on new custody cases in accordance with Act 119 of 1996. Another $805 was deposited in the Prothonotary's Automation Fund for future use in automating the office.

Defaults on lease

Autovest, LLC, Southfield, Mich., filed a civil action against Stewart Counterman, 5 Reigel St., Lehighton, claiming the defendant defaulted on a closed end motor vehicle lease contract.

Autovest, a debt buyer and successor in interest to the original creditor, Wells Fargo Bank, N.A., claims Counterman failed to make monthly payments for the utilization of a vehicle. It claims the defendant's last payment was made on May 12. The plaintiff is seeking judgment in the amount of $14,267, plus costs, interest and attorney's fees.

Confession of judgment

Robert D. Kane Jr., Villanova, Pa., has filed a complaint in confession of judgment against Eileen Marie Kane O'Neill, 101 N. Shore Drive, Albrightsville, alleging default of a promissory note between the parties.

The complaint states the plaintiff loaned the defendant $45,000 on July 5, 2011, and that the defendant has breached and defaulted on the note by failing to pay monthly payments of the principal, as well as late charges for overdue payments. The full $45,000 is owed at the time of the filing, Kane says.

The plaintiff says judgment by confession has been entered in court against the defendant pursuant to a warrant of attorney contained in the note. It is now asking the court to enter judgment in the above amount, plus costs.

Writ of summons

The Pennsylvania Fraternal Order of Constables, Harrisburg, has started a civil case in equity against Scott W. Dickinson, Clawson, Mich., and the Republic Underwriters, Inc., Troy, Mich.

The action was started by a writ of summons, which means the specifics of the complaint are not yet filed with the court. The filing does, however, state that money damages are requested.

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