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<p>WILKES-BARRE &#8212; Details of an alleged cover-up by the city will be added to a pending lawsuit claiming a fire-damaged house was demolished without notification of its owners, according to documents filed Friday with the U.S. District Court in Scranton.</p><p>Melinda Deiter held the title to the double-block house at 54-54&#189; Marlboro Ave. where her father John lived at the time of the fire on Nov. 15, 2015. Deiter has since sued the city and its building code officer, Frank Kratz, claiming that although one half of the home was repairable and the other undamaged, Stell Enterprises tore down the entire building with John Deiter&#8217;s belongings inside three days after the fire without providing any notice to the family.</p><p>The allegations of a cover-up were contained in a document filed by the plaintiff&#8217;s attorney, Barry Dyller, opposing a petition by attorneys for the city and Kratz to dismiss the suit. The defendants argued the Deiters cannot claim they were denied due process, and should have brought the suit in state court under an inverse condemnation claim to seek payment for the loss of property allegedly taken by a government agency.</p><p>Dyller wrote in a footnote in one filing that new information obtained through the evidence-gathering process showed that the demolition contractor hired by the city falsified documents.</p><p>&#8220;That contractor prepared documents with Mr. Deiter&#8217;s name and used the contractor&#8217;s home address as Mr. Deiter&#8217;s address,&#8221; Dyller wrote, adding, &#8220;In addition, to cover their tracks, defendants had a report prepared stating that the structure was dangerous and needed to be demolished.</p><p>&#8220;However, that report was prepared and transmitted subsequent to the demolition (and without notice to plaintiffs),&#8221; he wrote.</p><p>Dyller wrote that the new details were not known when the suit was filed in January and will be included in an amended version.</p><p>When reached at his office, Dyller said the new information shows &#8220;(the demolition was) more than a mere mistake.&#8221;</p><p>John Dean, the city&#8217;s attorney in the case, reacted to Dyller&#8217;s filing by saying it indicated &#8220;(Dyller) must be getting desparate.</p><p>&#8220;He must recognize that his original complaint failed,&#8221; he said. &#8220;It&#8217;s an obvious sign of desperation, in my opinion.&#8221;</p><style>
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<div class="neCaption">New allegations of a cover-up will be added to the lawsuit filed after the city of Wilkes-Barre demolished this fire-damaged double-block house on Marlboro Avenue last year. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2016/06/web1_Deiter-fire-photo-1.jpg</photo0><caption0>New allegations of a cover-up will be added to the lawsuit filed after the city of Wilkes-Barre demolished this fire-damaged double-block house on Marlboro Avenue last year. </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Jerry Lynott</p><p>jlynott@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Jerry Lynott at 570-991-6120 or on Twitter @TLJerryLynott</p></shirttailMeta></div>

Cover-up by Wilkes-Barre alleged in lawsuit over razing of burned house