PITTSBURGH – Loretto, its Mayor and the President of its Borough Council have filed a sprawling lawsuit against a fellow former member of Council, his spouse, a law firm and its attorneys, and a New Jersey insurance company, the latest in a long-standing feud between the political officials involved.
The Borough of Loretto, David J. Eckenrode and Nedward J. Prostejovsky of Loretto first filed suit in the Allegheny County Court of Common Pleas on Sept. 5 versus Michael Zabrzeski and Karen Zabrzeski of Loretto, Joel S. Sansone, Esq., Elizabeth A. Tuttle, Esq., Massimo A. Terzigni, Esq., the Law Offices of Joel Sansone and Charles H. Saul, Esq., all of Pittsburgh, and the Selective Insurance Company of America, of Branchville, N.J.
“At all times pertinent hereto, Eckenrode was Mayor of Loretto. At all times pertinent hereto, Prostejovsky was a member and President of Borough Council. At some times pertinent hereto, Mr. Zabrzeski was also a member of Council. For the reasons referenced herein and that will be further developed in discovery, Mr. Zabrzeski’s service as a member of Council was marred by self-interest and self-dealing, including matters relating to the catch basin in front of his house, including the misappropriation of funds to service same, the water bill for filling his swimming pool and his interminable demands for erecting flags along St. Mary Street in the Borough to ‘honor our veterans’ of which he was one,” the suit says.
“Mr. Zabrzeski repeatedly conducted himself in a manner that violated the oath he took and the basic standards of a member of Council. During Council meetings, deliberations and other Borough business, Mr. Zabrzeski regularly made misrepresentations and blatantly false statements. On a regular basis, Mr. Zabrzeski was rude and disrespectful to the Mayor, other Council members, contractors and employees. Mr. Zabrzeski regularly and consistently acted in willful disregard for the Borough, its business owners and residents, and their respective interests. Mr. Zabrzeski regularly and consistently disregarded the decisions and determinations made by Council, and usurped the authority of Council, in favor of his own whims, passions and personal agenda. In addition, Mr. Zabrzeski has historically had a reputation for feeling entitled, for dishonesty and bad character, and for engaging in behavior that was and is detrimental to the Borough, its Council members and its residents.”
The suit details a number of incidents, including Mr. Zabrzeski allegedly harassing, stalking and demanding payment from the Borough’s Solicitor as a kickback for Mr. Zabrzeski voting in favor of retaining the Solicitor and encouraging Prostejovsky’s neighbor to file a complaint about an outdoor furnace on the councilman’s property. This led to tensions running high among the parties.
Mr. Zabrzeski later felt targeted by a comprehensive new sewage ordinance pursuant where Eckenrode would be appointed Sewage Enforcement Officer and the Borough would undertake a program, through Eckenrode, whereby he would inspect all sewer lateral and require any deficient lines to be replaced.
One of the lines in question was the lateral underneath the Zabrzeski home, which was 300 feet long, 100 years old and made of terra cotta. It would not be in compliance if the ordinance passed, which it did.
Mr. Zabrzeski opined that the ordinance was “mixing politics with law enforcement” and was the lone “No” vote when the ordinance was passed. A long standoff ensued over the Zabrzeskis being compelled to replace their sewer lateral, which they finally did after their water service was temporarily turned off.
Though he was censured by the Borough Council in 2021, Mr. Zabrzeski ran for both Mayor and Constable in 2021, being defeated for the office of Mayor but winning his bid for Constable. Zabrzeski was then required to act under Eckenrode’s supervision and obtain liability insurance for his role as Constable, per an ordinance which was passed in early 2022.
All of these events led the Zabrzeskis to file civil rights litigation against the Borough and others, the tenets of which were denied by the parties being sued.
But the Borough entities believed their own counsel, Saul, was attempting to “serve two masters” and in so doing, began to favor the Borough’s insurance carrier, Selective, rather than want to take the case to trial.
Ultimately, a settlement was consummated in the case in July 2023 for $17,500 to the Zabrzeskis and their co-plaintiffs, despite the feelings of the Borough entities – who felt the allegations in the Zabrzeskis’ suit were false and an attempt to “extort money from the Borough and Selective” by them and their legal counsel from Sansone’s firm, named as defendants in the instant case.
For multiple counts of abuse of process, professional negligence/legal malpractice, violation of the Pennsylvania Bad Faith Statute and Common Law and vicarious liability, the plaintiffs are seeking damages in excess of $50,000, plus interests, costs and such other relief as this Honorable Court deems appropriate.
The plaintiffs are represented by George R. Farneth II of The Farneth Law Group in Pittsburgh and Wellsboro, W.Va.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-24-009837
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com