The family that when owned the former Mootz Candies in Pottsville is hoping its case versus 3 of the specialists hired to build the city’s Union Station will go to trial in early 2017, the lawyer for Mootz, Albert J. Evans, Pottsville, stated Monday.
“We’re hoping we’ll have a trial date by the end of this year or the beginning of next year, or as soonas quickly as possible,” Evans said.
The Buckley household, who ran the landmark chocolate factory, asserted construction of the bus station in 2010 harmed the Mootz store at 220 S. Centre St. As a result, the shop closed July 20, 2010. And, in January 2012, the family submitted a $2,750,000 lawsuit in county court against those professionals.
On her behalf, Evans filed a “Motion for Scheduling Conference” in county court June 2.
The owner, Joseph E. “Ned” Buckley, died on Feb. 19, 2012, at age 54. And, recently, Buckley’s better half, Sharon J. Ege Buckley, Orwigsburg, submitted for personal bankruptcy with United States Bankruptcy Court, Middle District of Pennsylvania, Harrisburg.
“To this day, the accuseds have actually conducted no deposition, in spite of understanding of the participation of numerous Mootz candy workers and Complainant Sharon Buckley. OfferedConsidered that this lawsuits commenced practically 5 years back, and that the present counsel for the complainant has actually carried out various depositions over the past 2 years, with the defense failing to carry out any depositions, the plaintiff is legitimately concerned that the accuseds failures to move on with discovery will unnecessarily delay the resolution of this matter, to the complainant’s great prejudice,” Evans stated in the motion.
“The closure of the Mootz candy business has left Plaintiff Sharon Buckley without earnings, and she has actually been forced to submit for personal bankruptcy. A Bankruptcy Court hearing is set up for July 14, 2016, in reaction to creditors motions to raise the automated bankruptcy stay and foreclose on her personal house. Sadly, delays in resolution of the instant lawsuits will trigger more prejudice, as Ms. Buckley’s capability to prevent repossession to her house in bankruptcy proceedings is reliantdepends on the earnings from the immediate lawsuits,” Evans said in the June 2 motion.
“For these factors, complainant is asking for that this Honorable Court Order that a Scheduling Conference be performed,” Evans stated in the movement.
Evans hopes a litigation schedule can be put together in time to list the matter for trial in early 2017. On Monday, he said he hadn’t gotten a response from the attorneys representing the three accuseds. He’s hoping the county court schedules a trial.
“One of the judges will have a hearing on our motion. And at that time the court will purchase a discovery due date. It will be a regional judge who will get in a scheduling order. Generally after One Month we get a notification from the court,” Evans stated.
Evans has actually received no response from the lawyers representing the contractors.
The prime specialist, William H. Lane, Binghamton, New York, is being represented by lawyer Andrew B. Cohn, Blue Bell.
A subcontractor, HT Sweeney amp; Co. Inc., an excavator from Brookhaven, is being represented by Michael A. Boomsma, a lawyer based in Lancaster.
Another subcontractor, Berkel amp; Co. Contractors Inc., a driller from Pasadena, Maryland, is being represented by Adam M. Sorce, a lawyer from King of Prussia.
Those attorneys might not be reached for comment today.
“And they haven’t tried to arrange Mrs. Buckley’s deposition or depositions for any person at Mootz’s,” Evans stated.
As soon as a landmark in the city, the former Mootz store at 220 S. Centre St. has actually remained uninhabited given that it closed in July 20, 2010.
Evans said the Buckley household still owns it and is uncertaindoubts about its future.
More details about the case is offered in the archives in the lower level of the Schuylkill County Court house, under file S-1521-2011.