A restaurant in the center of Jim Thorpe Borough is the center of a Carbon County Court of Common Pleas civil case in which the plaintiff is seeking judgment near a million dollars.

Through her attorney, Keith Pavlack, Lehighton, Daisy Valdez, 21 Broadway, Jim Thorpe, filed the suit against Brett Strothers and Aaron Gardner, Egg Harbor, New Jersey, alleging breach of contract on two counts.

The complaint states Valdez, operator of Bear Appetite, 29 Broadway, Jim Thorpe, entered into a commercial lease with the defendants on Nov. 28, 2018, to rent the first floor of 29 Broadway to operate the restaurant. She contends the lease contains an agreement that gives her the right to first refusal if the building were to be sold.

Valdez states she paid the defendants $3,500 per month, $3,580 per month and $3,660 per month for 12-month periods from 2018 to 2021, respectively, and that she received information from a third party the defendants are selling the property to an unknown individual.

The plaintiff states she believes Strothers and Gardner executed an agreement of sale to the unknown party for $560,000, and that the transfer of ownership was scheduled to take place at a closing on Dec. 28. Upon examination, the Times News has learned no transfer of the property has been effectuated to date in the office of the Carbon County Recorder of Deeds. However, Pavlack recently filed a lis pendens document on the deed in that office.

Lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it.

The plaintiff alleges the defendants did not provide her 30 days’ notice to secure financing for the purchase of the property pursuant to the terms of the right of first refusal.

Alleging the breach of contract in the first count, the plaintiff asks the court to enter judgment in her favor and to direct the defendants to transfer and convey to the plaintiff by special warranty deed ownership of the property.

In count two of the complaint, the plaintiff states her restaurant, furniture, fixtures, inventory and good will has been valued at $950,000, and that the defendants’ failure to comply with the lease containing the right of first refusal renders the restaurant worthless.

Valdez is asking the court to enter a judgment against the defendants in the amount of $950,000, plus the costs of the suit.

A nonjury trial is demanded.