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COLE v. FINSEL

June 20, 1988

DAVID L. COLE AND HENRIETTA COLE, H/W, ET AL., Plaintiffs,
v.
JULIAN O. FINSEL, ET AL., Defendants



The opinion of the court was delivered by: CONABOY

 RICHARD P. CONABOY, UNITED STATES DISTRICT JUDGE.

 PROCEDURAL HISTORY

 The Plaintiffs in the above matter are 19 individuals who purchased properties located in Kidder Township, Carbon County, Pennsylvania, through agreements of sale over a period stretching from August, 1983 to August, 1985. Defendant Finsel, the sewage enforcement officer for Kidder Township, Pennsylvania, issued permits for on-site sewage disposal systems for each of the Plaintiffs' properties. However, the Plaintiffs allege that their properties were never tested to ascertain the suitability for a sewage disposal system and, unfortunately, the properties are unsuitable for any type of on-site sewage disposal system. Plaintiffs Cole, Edgar, Orlando, Guidice, and Aiello, relied on the permit which Defendant Finsel issued and entered into construction agreements with various builders resulting in homes being constructed on the property.

 Plaintiffs allege Defendant Finsel, acting in his official capacity, routinely accepted illegal payments in exchange for sewage permits and, in fact, issued their permits as a result of the illegal payments.

 As a result, the Plaintiffs filed a 22 count complaint on July 27, 1987. The counts can be briefly summarized as follows:

 
Counts 1 through 4 - Plaintiffs v. various Defendants under Section 1964 of the Racketeer Influenced and Corrupt Organizations Act. *fn1"
 
Count 5 - Plaintiff v. Kidder Township for deprivation of rights secured under 42 U.S.C. § 1983.
 
Count 6 - David and Henrietta Cole v. Gary S. Reinhardt, Deputy Attorney General of Pennsylvania for deprivation of rights secured under 42 U.S.C. § 1983.
 
Count 7 - Plaintiffs v. Kidder Township based on breach of warranty.
 
Count 8 - Plaintiff Edgar v. Defendant Northeast Land Co. for breach of contract.
 
Count 9 - Plaintiffs LeDonne v. Defendants Brousard, Chelsea, and Chelsea t/a Pocono Land Partnership for breach of contract.
 
Count 10 -Plaintiffs Lauterbach v. Defendants Rehrig and Leonardis for breach of contract.
 
Count 11 -Plaintiffs Romano v. Defendants Barbeito for breach of contract.
 
Count 12 -Plaintiffs D'Adamo and Aiello v. Defendants Ludgate, Crill, and Kauffman, t/a R.F.V. Associates, for breach of contract.
 
Count 13 -Plaintiffs Cole v. Defendants Pocono West, Inc., and Finsel, based on fraud.
 
Count 14 -Plaintiffs Edgar, D'Adamo, and Aiello v. Defendants Ludgate, Pocono West, Inc., George, S & S Home Builders, Inc., and Finsel, based upon fraud.
 
Count 15 -Plaintiffs Ledonne, Orlando, Lauterbach, Romano, Massie, Fallon and Guidice v. Defendant Finsel, based upon fraud.
 
Count 16 -Plaintiffs Cole v. Defendants Ludgate and Pocono West, Inc., based upon negligence.
 
Count 17 -Plaintiff Edgar v. Defendant Pocono West, Inc. based upon negligence.
 
Count 18 -Plaintiffs Lauterbach v. Defendant Rehrig based upon negligence.
 
Count 19 -Plaintiffs Romano v. Defendant Kenneth McGeehan based upon negligence.
 
Count 20 -Plaintiffs Massey v. Defendant E.R.A. Pocono Resorts Realty, Inc. ...

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