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Carbon County Court news

Published September 09. 2015 04:00PM

Prothonotary's report

A total of 297 cases were started in August 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:

Civil actions, 38; custody complaints, 25; district justice appeals, 7; divorce complaints, 19; complaints in ejectment, 6; license appeals, 5; mortgage foreclosure complaints, 12; complaint in partition, 1; name change petitions, 2; protection from abuse petitions, 24; quiet title action, 1; zoning appeals, 1; judgments, 151; miscellaneous case, 1; and stipulations/waivers of liens, 4. The office staff also received and processed 75 applications for U.S. Passports.

Behrens' financial report shows $39,469.04 was generated last month as follows: prothonotary's fees, $34,563.81; interest income $4.10; custody fees, $100; data processing fees, $4,751.13; PFA Surcharge, courts, $25; and PFA surcharge, Sheriff, $25.00.

The prothonotary also remitted $600 in Remote Access Fees to the county; $4,638.82 to the Commonwealth of Pennsylvania, Department of Revenue, representing state fees collected locally; and $89.60 to the Administrative Offices of the Pennsylvania Courts, this being surcharges on new custody cases in accordance with Act 119 of 1996. Another $1,290 was deposited in the Prothonotary's Automation Fund for future use in automating the office.

Mortgage loan default

Charles D. and Marianne D. Monteleone, 11 Germantown Road, Jim Thorpe, have filed a debt collection suit against Liberty Lofts LLC, Gloucester, New Jersey, and Philip Cohen, same address.

The plaintiffs allege on Dec. 28, 2009, the defendants executed a promissory note to evidence a mortgage loan made by the Monteleones to Liberty Lofts, in the amount of $27,000 and that Cohen is the personal guaranty on the said note, which encumbers real estate located at 97, 99 and 101 Race St. in the Borough of Jim Thorpe.

The suit says the note and mortgage are in default because the defendants have failed to make payments as due. In addition to a loan amount of $27,874.63 that is outstanding, the plaintiffs contend the defendants owe $2,292.29 in 2013 real estate taxes, since the payment of taxes is a condition of the mortgage, and that attorney fees in the case incurred to date total $3,500.

The suit asks the court of enter judgment against the two defendants in the amount of $33,666.92 plus interest, additional attorney's fees and costs of the suit.

Borough bills owed

Lehighton Borough has filed municipal lien claims against the owners or custodians of properties in the borough in which there are delinquent electric, water, sewer and garbage fees.

A lien was filed against Kenneth L. and Shirley M. Steigerwalt, 353 N. Third St., Lehighton, over a property at that address. The lien lists unpaid bills for the period of June 2015 to September 2015 as follows: electric, $282.84; sewer, $149.40; water, $67.27; garbage, $103.75, plus a filing fee of $46.65 for a total lien of $649.91.

A lien was filed against Kenneth L. and Shirley M. Steigerwalt, 353 N. Third St., Lehighton, over a property at 355 N. Third St. The lien lists unpaid bills for the period of June 2015 to September 2015 as follows: electric, $419.29; sewer, $149.40; water, $197.19; garbage, $103.75, plus a filing fee of $46.65 for a total lien of $916.28.

A lien was filed against Kenneth L. and Shirley M. Steigerwalt, 353 N. Third St., Lehighton, over a property at 355 N. Third St. The lien lists unpaid bills for the period of February 2015 to March 2015 as follows: electric, $80.889; sewer, $75.60; water, $30.06; garbage, $52.50, plus a filing fee of $46.65 for a total lien of $285.69.

I-80 accident basis of suit

The United Parcel Service, Atlanta, Georgia, has filed a civil action against Isaias G. Melendez, New Brunswick, New Jersey, MCG Express Corporation and Statewide Carriers LLC, both of Harrison, New Jersey, and Interstate Transport Inc., St. Petersburg, Florida, seeking monetary damages from the defendants for property damages the plaintiff says it sustained as a result of a motor vehicle accident.

The complaint states Melendez was operating a tractor-trailer that was responsible for a multivehicle crash on Aug. 28, 2013, on Interstate 80, near mile marker 280.7 in Kidder Township, during which time a tractor-trailer owned by the plaintiff was damaged. UPS says the crash forced it to incur considerable costs to repair and/or replace the rig.

The suit alleges negligence and carelessness on the part of the defendants. In addition to seeking judgment against all of the defendants, jointly and severally, the plaintiff is seeking interests and costs associated with its effort to recover monetary damages.

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