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Marinkovich appeal quashed by Supreme Court

3 min read

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State Superior Court on Wednesday quashed an appeal by former Washington County Democratic Party chairman Milan Marinkovich in a dispute over financial documents that the chairman who succeeded him in office was seeking.

Marinkovich, of Carroll Township, was embroiled in the dispute for several years with George Vitteck Jr. of Canton Township, who took office in January 2008.

In February of that year, Judge John DiSalle, at the request of the Democratic Party, ordered the Washington County prothonotary to issue a writ seizing “books of account, all financial records, checkbooks, canceled checks, bank statements” and other documents regarding contributions to the party.

The Democratic Party recovered two Dell computers, a checkbook and extra checks, blank deposit tickets, a rubber stamp and a PNC Bank statement from January 2008.

The court held a hearing, and Marinkovich testified three months later he had no other records and had destroyed all bank records and canceled checks after reconciling the checkbook.

DiSalle scheduled a status conference for September 2010 and ordered Marinkovich to return or reproduce, at his own expense, financial records within 60 days.

The court planned to review Marinkovich’s compliance, review an audit conducted on behalf of the Democratic Party and assess any special damages the party claimed.

A hearing was scheduled for July 2011, but, in the meantime, Marinkovich took an appeal to Commonwealth Court.

In 2012, Commonwealth Court decided it lacked jurisdiction and transferred the case to Superior Court, which had to decide if the appeal was proper.

The appellate court decided recovery of property was the fundamental issue in the case and Marinkovich’s appeal came before a county judge issued a final order.

“Appeal quashed. Judgment entered,” wrote Joseph D. Seletyn, Superior Court prothonotary.

Attorney Jim Jeffries represented the Democratic Party in arguments in June before Superior Court President Judge Emeritus John Bender, Judge Judith Ference Olson and Senior Judge James J. Fitzgerald III, a former state Supreme Court justice specially assigned to Superior Court.

He said he predicted a similar outcome nearly six months ago.

Upon learning of Superior Court’s decision Wednesday, Jeffries said, “The appeal is not ‘ripe.’ To file an appeal, you have to have a final order. We probably have to go back to Judge DiSalle for a determination of final damages.”

Attorney Charles Kurowski, who represents Marinkovich, requested a copy of the Superior Court decision but did not immediately return a call seeking comment.

Vitteck, a Canton Township committeeman, retired as Washington County Democratic Party chairman in July, and Democrats elected Ron Sicchitano of North Bethlehem chairman for a four-year term.

Marinkovich was elected Democratic committeeman from Carroll Township’s 3rd Precinct earlier this year.

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