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<p>WILKES-BARRE &#8212; A father and daughter say a city contractor plotted with city officials and committed fraud in a scheme to tear down their fire-damaged home and claim their personal property without giving them any warning.</p><p>Melinda Deiter and her father, John Deiter, say the city agreed Nov. 17 to a deal with Stell Enterprises owner Bob Stella to demolish their double-block home on Marlboro Avenue after it was damaged in a fire <a href="https://www.timesleader.com/news/local/495644/investigators-determine-fire-at-residence-on-marlboro-avenue-was-intentionally-set" target="_blank">investigators said was intentionally set two days earlier.</a></p><p>Melinda Deiter bought the house in September 2015 from her father, who continued to live there.</p><p>The home, a double-block residence at 54 and 54&#189; Marlboro Ave., was leveled Nov. 18 with a number of John Deiter&#8217;s belongings still inside and despite the pair&#8217;s belief the damage was minimal.</p><p>The pair <a href="https://www.timesleader.com/news/506714/wilkes-barre-family-claims-city-demolished-their-fire-damage-home-without-telling-them" target="_blank">sued the city and building code enforcement officer Frank Kratz in January</a>, but named Stella and his construction company as defendants in an amended complaint filed Aug. 25.</p><p>They say Stella and the city struck a deal to demolish the home, allowing &#8220;all salvage to become property of the demolition contractor,&#8221; according to the complaint. No notice was given the home would be torn down, they allege in the complaint.</p><p>When the natural gas needed to be cut prior to the demolition, the complaint says, &#8220;defendants used John Deiter&#8217;s name but used Stella&#8217;s home address for correspondence addressed to John Deiter.&#8221; The complaint says the billing address for the water company was also changed to Stella&#8217;s home address without their knowledge.</p><p>An attorney was not listed for Stella and a call placed Thursday to Stell Enterprises was not immediately returned.</p><p>Melinda Deiter says she pleaded with Kratz to call off the demolition because her father still lived at the residence with all of his possessions and the two planned on repairing the damage caused by the blaze.</p><p>Kratz, the complaint says, said he didn&#8217;t inform Melinda Deiter about the demolition because he didn&#8217;t have her phone number. She claims she told Kratz both police and fire officials had her number, to which he responded that it was too late.</p><p>The city&#8217;s attorney, Chad J. Sweigart of Wilkes-Barre law firm Elliott Greenleaf &amp; Dean, has filed a motion to dismiss the complaint, arguing Kratz has immunity as the city&#8217;s highest-ranking building code official and the city itself has governmental immunity.</p><style>
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<div class="neCaption">Smoke filled the air outside 54 and 54&#189; Marlboro Ave. in Wilkes-Barre Nov. 15. The homeowner is suing the city for allegedly destroying the house without warning. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2016/09/web1_web1_web1_Firefolo.jpg</photo0><caption0>Smoke filled the air outside 54 and 54&#189; Marlboro Ave. in Wilkes-Barre Nov. 15. The homeowner is suing the city for allegedly destroying the house without warning. </caption0><photoCredit0>Aimee Dilger | Times Leader file photo </photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Joe Dolinsky</p><p>jdolinsky@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL</p></shirttailMeta></div>

Stell Enterprises added to complaint over Wilkes-Barre home demolition