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Carbon County Court news

Civil actions started

• Robbin Gray, aka Robbin Borrell, 314 W. Broadway, Jim Thorpe, has filed a civil action against Walmart Inc., Bentonville, Arkansas, concerning the company’s store at 1731 Blakeslee Blvd. Drive E., Lehighton.

The suit states Walmart was negligent in failing to repair the sidewalk in front of the store that was patently dangerous, and that the plaintiff at 11 a.m. June 17, 2019, slipped and fell on the cracked and defective portion of the sidewalk, sustaining personal injuries.

The plaintiff is seeking damages in excess of $50,000 and other compensable damages.

• Patrick Anthony, Philadelphia, has filed a civil action against Chul Kyun Joung, New Milford, New Jersey, and Kelocoprice LLC, Leonia, New Jersey, alleging tort claims due to a motor vehicle accident.

The suit was begun by the issuance of a writ of summons, in which the claims are not specified.

Revenue from deeds

Carbon County Recorder of Deeds Donna Gentile reported her office recorded 365 deeds, 304 mortgages and 413 other writs during the month of December.

As a result of those transactions, Gentile turned over to the Carbon County General Fund the sum of $51,171.76. A breakdown of that revenue includes: transfer fees, $38,552.50; data processing fees, $1,791; notaries, $50; commission on transfers and writs, $8,683.36; and Affordable Housing administrative fee, $2,094.90.

Gentile remitted $541 in state writ taxes to the Commonwealth of Pennsylvania Department of Revenue, while Carbon County municipalities and school districts shared realty transfer tax disbursements totaling $433,281.23, the same amount that was forwarded to the state in realty transfer taxes.

Gentile deposited $3,252 in the Recorder of Deeds Record Improvement Fund and $2,168 in the Carbon County Records Improvement Fund, these being fees assessed by state law on each transaction for records management needs. An additional $40,692.75 was collected and remitted to the state for its Judicial Computer System program. Also, $11,871.10 was collected last month for the Affordable Housing Program in Carbon County.

In all, funds collected in the Recorder’s office last month amounted to $976,259.07.

Judgments recorded

• LVNV Funding LLC, Canonsburg, PA, has placed on record a judgment entered in its favor against David Balak, 2207 Indian Hill Road, Suite 900, Lehighton.

The judgment, in the amount of $8,356.48, was ordered by Magisterial District Judge William J. Kissner of Palmerton on Sept. 10, 2020.

• The same plaintiff has filed a judgment against Robert Smith, 572 Mauch Chunk Road, Palmerton.

It is in the amount of $2,972.21 and was ordered by Judge Kissner on Aug. 3, 2020.

• LVNV also filed a judgment it has against Jeffrey Bartos, 173 Tiffany Lane, Lehighton.

That lien is in the amount of $1,517.23 and was ordered by Magisterial District Judge Casimir T. Kosciolek of Lansford on Sept. 10, 2020.

• Barclays Bank Delaware, Wilmington, Delaware, has placed on record a judgment it has in its favor against James C. Pavelco, 248 Delaware Ave., Apt. 2D, Palmerton.

The judgment is in the amount of $4,853.20 and was ordered on March 26, 2019, by Judge Kissner.

• Barclays also filed a judgment that was ordered in its favor by Magisterial District Judge Eric M. Schrantz of Jim Thorpe on Dec. 12, 2018.

It is against Nicole M. Kittle, 56 Ash Drive, Jim Thorpe, in the amount of $1,975.69.

Authority files liens

The Township of Mahoning Municipal Authority, with offices at 2685 Mahoning Drive East, Lehighton, has filed four municipal liens against individuals who it claims owe outstanding sewer fees.

One lien states defendants Tina M. Huff and Albert N. Conti owe $5,706.50 in fees for the period of July 10, 2011, to Sept. 30, 2019, for property at 877 N. First St., Lehighton.

The second lien is against Gene A. and Jane S. O’Brian, 120 Douglas St., rear, Lehighton, stating sewer fees for the period of Sept. 30, 2012, to Sept. 30, 2019, in the amount of $4,881.50 are owed for a property at that address.

The authority filed a third lien against Troy D. Snyder Sr., 65 Pine St., Lehighton, listing outstanding fees of $3,646.50 for the period of Dec. 31, 2014, to Sept. 30, 2019, for a property at that address.

The fourth lien lists John H. and Jane L. Arnold as defendants. It states fees in the amount of $5,956.50 are owed for a property at 87 Pine St., Lehighton, for the period of July 10, 2011, to Sept. 30, 2019.

Credit default suit

Citibank N.A., Fort Washington, has filed a credit default action against Miroslav Kubas, 41 Packerton Dam Drive, Lehighton.

Judgment in the amount of $6,153.33, plus costs of the suit, is sought.

Seeks easement for lot

Robert Stempa, 330 W. Catawissa St., Nesquehoning, has filed a declaratory judgment action against the Borough of Nesquehoning, 114 W. Catawissa St., contending the use of a vacant lot located across the street from a garage the plaintiff owns since the 1970s constitutes an “easement by necessity” in his behalf.

Stempa owns Stempa Coal and Oil and Stempa Excavating, with principal offices at 227 W. Mill St., where the plaintiff states he has accessed his garage for decades to store large oil and coal trucks.

The complaint states the borough became the owner of the lot by way of a judicial sale held in October 2019, and that in June 2020, the borough erected and built a concrete curb, making it impossible for Stempa to access the lot without traveling over the curb and damaging his trucks. The action further states in September 2020, the borough erected and placed two large Jersey concrete barriers next to the curb to prevent the plaintiff from using the vacant lot.

Stempa contends his uninterrupted use of the lot grants him a prescriptive easement measuring 35 by 55 feet, asking the court to permanently enjoin the borough from restraining his use of the land.