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Carbon County Court news

Published January 11. 2020 05:54AM

Ambulance registration suspensions appealed

The Commonwealth of Pennsylvania, Department of Transportation, has suspended the registrations of two Mahoning Valley Ambulance Association ambulances due to what the state says is nonpayment of tolls on the Pennsylvania Turnpike.

But the association’s representative, Robert W. Miller Jr., who is also the county coroner and who filed a petition in the Carbon County Court of Common Pleas appealing the suspensions, claims in pleadings the tolls relate to emergencies the association was called to.

In letters to the association, Penn­DOT said MVAA’s 2014 Chevrolet ambulance’s registration will be suspended indefinitely effective at 12:01 a.m. Jan. 2, and the association’s 2010 Chevrolet ambulance’s registration will be suspended indefinitely effective at 12:01 a.m. Jan. 9.

In both instances, PennDOT states it received notification from the Pennsylvania Turnpike Commission that the association has incurred six or more unpaid toll violations and accumulated $500 or more in unpaid tolls and fees. The letters state the suspensions will remain in effect until compliance is confirmed by the commission that the requirements for registration restoration are satisfied.

In the appeal filed by Miller, he contends the “all E-Z(Pass) trips were emergencies.”

Subrogee initiates action

The Brethren Mutual Insurance Company, Hagerstown, Maryland, as subrogee of Tim Williams and TJ’s One Stop, has filed a civil action against the Ferrare Foods Transport Corporation and Jonathan F. Peralta-Ruiz, Piscataway, New Jersey, seeking judgment in its favor in excess of $50,000, plus costs, on two counts.

The complaint states on May 7, 2019, Peralta-Ruiz, an employee of Ferraro, was driving a motor vehicle owned by the corporation that came in contract with utility lines and damages the property on TJ’s One Stop and Williams, who were insured by the Brethren Mutual Insurance Company. As a result of those damages, TJ’s submitted a first party claim of $23,713.42, not counting a $1,000 deductible the plan has.

The complaint alleges negligence against both Ferraro and Peralta-Ruiz on each count, seeking the $50,000 plus costs, interest and attorney’s fees.

A jury trial is demanded.

Defaults on credit

• Citibank N.A., Fort Washington, has filed a civil action against John J. Kreitz, 416 N. Third St., Lehighton, over a credit card default.

Judgment in the amount of $2,879.62, plus costs, is sought.

• Discover Bank, New Albany, Ohio, has filed a civil action against Sylvanus E. Schmick, 32 E. Bertsch St., Lansford, over a credit card default.

Judgment in the amount of $2,187.65, plus costs, is sought.

• The Bank of America, Newark, Delaware, has filed a civil action against Jason Belay, 417 Pin Oak Drive, White Haven, over a credit card default.

Judgment in the amount of $4,133.86, plus costs, is sought.

• Cavalry SPV I LLC, as assignee of Capital One Bank N.A., Valhalla, New York, has filed a civil action against Frank Mase II, 3310 Mahoning Drive West, Lehighton, over a credit card default.

Judgment in the amount of $2,283.05, plus costs, is sought.

• Unifund CCR LLC, Blue Ash, Ohio, has filed a civil action against Brian Bednar, 200 E. Columbus Ave., Nesquehoning, over a credit card default.

Judgment in the amount of $569.31, plus costs, is sought.

• The Bank of America, Charlotte, North Carolina, has filed a civil action against Angel H. Caldwell, 122 W. Patterson St., Lansford, over a credit card default.

Judgment in the amount of $2,996.60, plus costs, is sought.

Judgments recorded

• LVNV Funding LLC, Las Vegas, Nevada, has placed on record a judgment entered in its favor against Colleen Gombert, 43 Berwick St., Beaver Meadows.

The judgment was ordered by Magisterial District Judge Joseph Homanko Sr. on Sept. 10, 2019, in the amount of $4,672.07.

• Synchrony Bank, Canonsburg, has placed on record a judgment entered in its favor against Janet Simmons, 351 Lehigh Ave., Palmerton.

The judgment was ordered by Magisterial District Judge William Kissner on Sept. 12, 2019, in the amount of $3,342.60.

• Synchrony Bank, Canonsburg, has placed on record a judgment entered in its favor against Morgan Gavornik, 422 Lehigh St., Jim Thorpe.

The judgment was ordered by Magisterial District Judge Eric Schrantz on May 16, 2019, in the amount of $2,491.17.

• LVNV Funding LLC, Las Vegas, Nevada, has placed on record a judgment entered in its favor against Ronald Grow, 1614 Blakeslee Boulevard Drive West, Lehighton.

The judgment was ordered by Magisterial District Judge Casimir Kosciolek on Oct. 17, 2019, in the amount of $1,620.73.

Mortgage foreclosure

HSBC Bank, U.S.A. N.A., Highlands Ranch, Colorado, has filed a mortgage foreclosure complaint against Stephen Schepige, 145 Hiawatha Trail, Albrightsville, over a property at that address.

Judgment in the amount of $26,344.75, plus costs, is sought.

Driver’s licenses appeals

• Edward Bruce Deibert, 869 N. Second St., Lehighton, has filed an appeal of his driver’s license suspension by the Commonwealth of Pennsylvania, Department of Transportation, Harrisburg.

In a letter dated Dec. 3, the state agency says Deibert’s driving privileges would be revoked effecting Jan. 7, 2020, for a period of two years due to his Nov. 25 conviction of charges that he had been driving while his license was suspended or revoked on Aug. 3, 2019.

In his appeal, Deibert contends he applied for a probationary license and that he did not hear from PennDOT because the agency is “backed up.”

• Jennifer A. Shramko, 46 Lakeside Lane, Albrightsville, has filed two appeals against the Commonwealth of Pennsylvania, Department of Transportation, Harrisburg, which notified her of the recall of her regular driving privileges as well as her school bus driving privileges.

In letters sent to the plaintiff dated Dec. 19, the state agency said her regular license was being recalled effective Dec. 26 and her school bus driver’s license was recalled immediately, both due to information on Shramko’s medical conditions the department received.

The plaintiff contends her physician sent “invalid information” to the state.

Zoning appeal filed

Michael P. and Crystal M. Fink, 8315 Interchange Road, Lehighton, have filed an appeal of a decision of the Towamensing Township Zoning Hearing Board, 120 Stable Road, Lehighton.

In their pleadings, the plaintiffs state they were denied a variance for a 4,800-square foot pole barn that they erected on their property for the purpose of the storage and maintenance of vehicles and other storage needs associated with their construction and concrete business.

The pleadings contend zoning officer Carl Faust denied permitting the project because the size of the pole barn exceeded the permissible floor area of square footage of 5,000. In his decision, Faust said an existing structure of 1,236.9 square feet and a framed building of 281.4 square feet, coupled with the pole barn, violates the township’s ordinance with regard to allowable size a business in an area zoned light commercial.

The Finks contend the interpretation of the township’s ordinance is arguable in that the officer should have addresses the “floor area” not the “gross floor area” of the project.

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