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Carbon County Court news

Published December 29. 2018 06:31AM

Construction lawsuit filed

Scott and Jill Lutz, 5320 Little Gap Road, Palmerton, have filed a civil action against Kevin C. Kleintop, trading as Kleintop Contracting, 385 Stable Road, Lehighton, seeking $44,188 in compensatory damages and $132,564 in treble damages for what they contend is a breach of contract over a home improvement project.

The plaintiffs state they entered contract with the defendant for a home improvement/construction project and paid $111,600 in advance fees for work that the defendant failed to complete in a competent and timely manner, stating the work done was deficient and inadequate. The suit contends the plaintiffs had to incur tens of thousands of dollars worth in costs to rectify or remedy the problems that resulted because of the defendant’s actions.

The lawsuit states Kleintop violated the PA Home Improvement and Consumer Protection Act and the Unfair Trade Practices and Consumer Protection Law.

Judgments recorded

Midland Funding LLC, San Diego, California, has placed on record a transcripts of judgment entered in its favor.

One judgment is against Mindy Muffley, 220 N. Fourth St., Lehighton. It was ordered by Magisterial District Judge Eric M. Schrantz, Jim Thorpe, in the amount of $2,636.58 on Nov. 27, 2017.

The second judgment is against Samantha Camerlin, 226 North Ave., Jim Thorpe, in the amount of $1,826.25. It was ordered by Eric Schrantz on Feb. 21, 2018.

Mortgage foreclosure

Wells Fargo Bank N.A., Fort Mill, South Carolina, has filed a mortgage foreclosure action against Donna J. Eck, 812 Mauch Chunk Road, Palmerton, over a property at that address.

The plaintiff seeks judgment in its favor in the amount of $64,979.34, plus interest, attorney’s fees and costs.

Sues after fall at Inn

Patricia C. and William A. Wittman, 3526 Willow Run Road, Kempton, have filed a premises liability suit against The Inn at Jim Thorpe, the Inn at Jim Thorpe Associates, John H. Drury Jr., David K. Drury and Dale M. Drury, 24-28 Broadway, Jim Thorpe, seeking damages in excess of $50,000 plus interest and costs. A jury trial is demanded.

In the complaint, the Wittmans state they were paying guests at the hotel on Jan. 7, 2017, when Patricia Wittman suffered fractures in her right foot/ankle when she fell while walking from one level of the Broadway underground located in the hotel to a second level.

The plaintiffs allege negligence, carelessness and recklessness on the part of the defendants by failure to make the walking surface of the Broadway underground safe before the incident.

MDJ decision appealed

Isaac Benderly, Brooklyn, New York, has filed an appeal of a Magisterial District Judge’s decision.

Judge Eric M. Schrantz ruled on Dec. 6, 2018, in favor of the plaintiff, Thomas McEvilly, 500 Bridge St., Weissport, in the amount of $4,563.75, which is being challenged.

Zoning decision appealed

William A. and Sarah L. Swartz, 399 Chapel Drive, Lehighton, have filed an appeal of a decision rendered by the East Penn Township Zoning Hearing Board of the township zoning officer’s determination that they require a change of use and/or special exception from their current use of their property, a 5.2-acre parcel located at 364 Berger Creek Road in the township.

In the appeal, the plaintiffs contend they used the property from the time they purchased it on Oct. 30, 2015, for their residence and to park, maintain and perform repairs on trucks and trailers they own for their business, B. Swartz Transportation until about August 2018, when the zoning officer denied them use of the land for that purpose.

The plaintiffs contend the zoning board erred in its decision because the property was used commercially in the past and was never abandoned. They also contend the use of the property is a permitted use under the township’s zoning ordinance and asks the court to reverse the zoning board’s decision.

Borough filed liens

The Borough of Lehighton, Constitution Avenue, Lehighton, has filed municipal liens against the owners of two properties who are delinquent in sewer, water and garbage bills.

They are Viera Kudela, 271 Bankway, Lehighton, a $3,012.92 lien for bills owed for her property at that address, and Frank R. Potoczak, Naples, Florida, a $1,670.62 lien for bills owed for his property at 80 E. Bridge St.

Bank challenges decision

Synchrony Bank, Canonsburg, has filed an appeal of a decision rendered by Magisterial District Judge Joseph S. Homanko Sr. in a debt collection (credit card) case.

The defendant in the case is Michael Sanfilippo Jr., 306 Second St., Weatherly. The magistrate ruled in his favor on Nov. 21, 2018.

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