Carbon County Court news

Premises liability

Three adults and two juveniles are named defendants in a premises liability lawsuit filed in court concerning a fire that happened in the Borough of Palmerton.

The plaintiffs are AAA Mid-Atlantic Insurance Company, Springfield, Pa. , and Janet Burke, owner of property at 582 Mauch Chunk Road, Palmerton.

The defendants are Dylan Dotter, of 699 Princeton Ave., and Tyler Romanishan, 140 Delaware Ave., Apt. 204, both of Palmerton and both who the complaint states are "below the age of 18," as well as Brenda Balak, 699 Princeton Ave., and Robert and Mary Eck, 140 Delaware Ave. Balak is identified as the parent of Dotter while the Ecks are identified as parents of Romanishan.

In the complaint, AAA Mid-Atlantic says on Jan. 16, 2009, the juveniles were present in a home owned by the Ecks ar 580 Mauch Chunk Road, and were lighting spider webs on fire inside the basement of the home, which eventually caused a significant fire that spread and damaged the property owned by Burke. The insurance company is seeking judgment of $5,081.39 which it paid for damages to a window on Burke's home, while Burke is seeking return of the $1,000 deductible on the policy.

The five-count complaint alleged negligence on the part of the juveniles for careless and reckless behavior regarding the fire. The counts against the parents also allege negligent supervision of the juveniles, claiming the parents are liable for the torts of their child pursuant to Pennsylvania law.

Breach of contract

Finkle Distributors, Inc., Johnstown, N.Y., has filed an action against D&D Cigar and Cigarette Emporium, Inc., and Peter Dillon, 5 Old Stage Plaza, Albrightsville, claiming a breach of contract over goods furnished the defendants.

Finkle says a written contract with the defendants was executed on or about July 21, 2006, in which the defendant agreed to pay for goods furnished by the plaintiff. The plaintiff is seeking judgment in the amount of $86,492.04, including $46,443.63 that is the remaining balance for the goods, $30,759.68 in interest and $9,288.73 in attorney's fees.

Appeals suspension

Judith A. Vazza, 430 W. White St., Summit Hill, has appealed the suspension of her driver's license by the Pennsylvania Department of Transportation. In a petition to stay the suspension of her driving privileges, the plaintiff asserts she was not advised of the appropriate warnings of losing her license for refusing to submit to a chemical test. The license suspension is expected to commence on Jan. 3.

Mortgage foreclosure

Deutsche Bank National Trust Company, West Palm Beach, Fla., has filed a mortgage foreclosure complaint against Brooke D. and Robin R. Moyer, Sugarloaf, Pa., over a property at 56 Broad St., Beaver Meadows. Sought is $56,591.94.