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1 removed from drug court while new member joins

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POTTSVILLE — Jordan Fleming went to prison Thursday after Judge James P. Goodman terminated his participation in the Schuylkill County Drug Treatment Court.

Fleming, 22, of Minersville, violated the program’s rules once too often, and now will be sentenced in the two cases that put him in the court.

“He was soliciting drugs and associating with people who do drugs,” his lawyer, Assistant Public Defender Stanley J. Burke, said during the court’s regular weekly session.

Goodman did not immediately schedule Fleming’s sentencing, although it could be as early as Dec. 13, the next time the court is scheduled to meet.

Fleming tendered a guilty plea on June 1, 2017, to charges of possession of a controlled substance and possession of drug paraphernalia in one case and possession with intent to deliver, possession of a controlled substance and possession of drug paraphernalia in another. The plea had been held in abeyance while Fleming was in the program, but upon his termination, it was accepted.

In the first case, Schuylkill Haven police charged Fleming with possessing drugs and paraphernalia on July 27, 2014, in the borough.

In the second case, Schuylkill County detectives alleged Fleming possessed a salable amount of drugs, plus paraphernalia, on Feb. 14, 2016, in Pottsville.

While Fleming is leaving the program, Gerald R. Fisher Jr., 50, of McAdoo, is joining it, as Goodman admitted him in four cases, including three in which he had his probation revoked. Since Fisher already has been sentenced in those cases, he cannot have them dismissed even if he successfully completes the program.

Fisher is charged in his latest case with two counts of possession of a controlled substance and one each of possession of a small amount of marijuana and possession of drug paraphernalia. Kline Township police alleged Fisher possessed drugs and paraphernalia on July 19 in the township.

Charges he faces in his other cases include possession of red phosphorous with intent to manufacture a controlled substance, recklessly endangering another person and possession of drug paraphernalia.

Other people already in the program read from their required weekly essays about how they have learned to treat themselves kindly.

To Michael, it means seeing the best in himself and others.

“Try not to be negative,” Michael said. “Be kind to my father and my mom.”

For Curtis, it means concentrating on the present and future.

“(Do) not beat myself up over my past,” he said. “Stay clean and sober. Go to work ... so I can support myself.”

Michelle also said she wants to focus on the future.

“Forgive myself for past mistakes,” she said. “Don’t settle for less than I deserve.”

Joyce said she finds a solution in her Christian faith.

“Pray and read the Bible,” she said. “Be thankful.”

Contact the writer: pbortner@republicanherald.com; 570-628-6014


Pottsville sewer authority moves forward with separating lines

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POTTSVILLE — The Greater Pottsville Area Sewer Authority plans to complete a combined sewer separation project that could help alleviate some of the city’s flooding problems.

“We’re definitely moving forward with the project,” Ian Lipton, chairman of the authority board, said Thursday.

The project involves separating the sewer and stormwater from Ninth Street to Progress Avenue, along West Arch, West Market and West Norwegian streets, and all side and connecting streets.

The board voted at its Nov. 28 meeting to approve a professional services agreement with Light-Heigel & Associates Inc., Schuylkill Haven, the authority’s engineer, not to exceed $985,108. Actual construction costs for the project are not finalized.

“We’re anticipating that it will be somewhere between $6 and $7 million,” Lipton said.

Lipton said the stone arch on Arch Street would no longer carry sewage and might be filled in. The line on Market Street will no longer carry sewage. A new sewer line will be built.

“It’s old infrastructure and it’s not keeping pace with the demands of increased connections to the system,” Lipton said.

The authority plans to apply for a Pennsylvania Infrastructure Investment Authority loan for the work. Lipton was confident the authority will receive the loan.

A timeline provided for the project shows the work could start from April to July 2020, with construction completed between July and October 2021. Numerous permits and governmental reviews will be needed for the project.

A phone line will be established for the community to call in with questions about the construction.

“This is a complicated project,” Thomas Shreffler, authority engineer with Light-Heigel & Associates Inc., said Thursday.

Lipton said residents should know there is “a plan to address some of the flood issues.”

City Administrator Thomas A. Palamar said these steps by GPASA are a good thing for residents to alleviate flooding. The city will have some costs associated with the project, maybe $50,000 or more, but it will not be substantial.

“We anticipate doing a lot of it ourselves,” he said.

Contact the writer: ; 570-628-6028

Hoffman resentenced to prison for infant’s death

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POTTSVILLE — Pietrina C. Hoffman, who killed an infant girl in her care in January 2016 in Mahanoy City, will serve less time in state prison than originally planned, as a Schuylkill County judge resentenced her on Thursday.

Hoffman, 55, of Mahanoy City, must spend 63 to 126 months in a state correctional institution, President Judge William E. Baldwin said.

Baldwin imposed the new sentence in response to an order from a three-judge state Superior Court panel ordering a new sentence for Hoffman because of what it termed an incorrect interpretation of the law.

After the hearing, during which she said nothing, Hoffman returned to SCI/Muncy in Lycoming County, where she has been confined.

After a two-day trial, a jury convicted Hoffman on June 28, 2017, of third-degree-murder, aggravated assault, involuntary manslaughter, prohibited possession of firearm and two counts each of endangering the welfare of children and recklessly endangering another person. Baldwin originally sentenced Hoffman on Aug. 2, 2017, to serve 15 to 30 years in a state correctional institution.

Baldwin, however, overturned the convictions for third-degree murder and aggravated assault on Nov. 21, 2017, ruling prosecutors had not proven malice, the state of mind necessary to commit those crimes.

Baldwin then resentenced her on Nov. 29, 2017, to serve 69 to 144 months in a state correctional institution.

Mahanoy City police had charged Hoffman with killing Neveah Doyle on Jan. 10, 2016, by falling off a couch and smothering her. Hoffman had taken several sleeping aids before the incident, police said.

District Attorney Michael A. O’Pake had asked Baldwin to reimpose the sentence of 69 to 144 months, proposing to restructure it among the crimes.

“The sentence is consistent with the facts of the case,” he said.

However, Baldwin accepted the request of Assistant Public Defender Kent D. Watkins to reduce the sentence, and O’Pake accepted that result.

“The sentence is commensurate with the acts of the defendant and the crimes with which she was convicted,” he said.

Watkins declined to comment on the case after Wednesday’s hearing.

Contact the writer: pbortner@republicanherald.com; 570-628-6014

Defendant: Pietrina C. Hoffman

Age: 55

Residence: Mahanoy City

Crimes committed: Involuntary manslaughter, prohibited possession of firearm and two counts each of endangering the welfare of children and recklessly endangering another person

Prison sentence: 63 to 126 months in a state correctional institution

District court, Dec. 7, 2018

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David A. Plachko

PORT CARBON — A Pottsville man charged with assaulting his girlfriend in Saint Clair on Sept. 20 had charges against him dismissed because the victim failed to show up at his preliminary hearing before Magisterial District Judge David A. Plachko.

Robert Weismiller, 47, of 818 N. Third St., was arrested by Saint Clair police Patrolman Frank DiMarco and charged with aggravated assault, terroristic threats, simple assault, recklessly endangering another person and harassment.

Plachko dismissed the charges after the victim — Stacie Rohrbach — failed to appear in court to testify.

DiMarco charged Weismiller with going to the woman’s home at 118 S. Morris St. where he broke an inside door and began throwing her around, hitting her repeatedly and threatening to kill her.

As a result of the assault, DiMarco said Rohrbach suffered two fractured ribs, a compression fracture to her lower back and a large contusion on the top of her head.

Other court cases included:

Christopher J. Morgan, 34, of 541 N. Third St., Minersville; withdrawn by the prosecution: strangulation, simple assault and harassment.

Larome H. Wonsock, 32, of 221 Middle St., Minersville; held for court: possession of a small amount of marijuana and possession of drug paraphernalia.

Police log, Dec. 7, 2018

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Suspicious man on Gillingham property

POTTSVILLE — A man is free on bail after being arrested by Pottsville police after officers were called around 9:45 a.m. Thursday for a report of a suspicious person on the property of Gillingham Charter School.

At the scene, police said, officers found Jason J. Eiler, 34, of Pottsville, in a wooded area south of the school carrying a cinch bag on his shoulder that contained a protruding air rifle.

The man was also found to be in possession of a knife, a controlled substance and drug paraphernalia, police said.

As a result of the incident, Cpl. Charles Webber charged Eiler with possession of weapons on school property, possession of a controlled substance and possession of drug paraphernalia.

Eiler was arraigned by Magisterial District Judge James K. Reiley, Pottsville, and released on $20,000 unsecured bail, police said.

Area boy ready to ‘Do-Re-Mi’ in ‘Sound of Music’

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Not everyone can make the leap from a school production to national tour in just a few months, but Ethan Cutillo did just that.

The 11-year-old South Abington Township boy made his stage debut in the musical “Rags: An American Musical” at Scranton Preparatory School earlier this year and now finds himself on the road with Rodgers & Hammerstein’s “The Sound of Music.” Presented by Broadway Theatre League of Northeastern Pennsylvania, the show will bring Ethan back home when it stops at Scranton Cultural Center at The Masonic Temple for four shows today through Sunday.

Ethan’s work on stage grew from his love of music. He has played piano for six years and loves to sing — including with the children’s choir at the Church of St. Gregory in Clarks Green — but had no formal vocal training. He nabbed his first stage role after learning through his church choir director that Prep was in need of a child actor and singer for its spring musical.

“I just felt it was so much fun to have the audience clapping and cheering me on, and the music just makes it really good,” Ethan said. “The cast was nice at Scranton Prep, so that was really cool. I … made a lot of friends.”

“He loved it,” recalled Ethan’s mother, Bobbie Cutillo. “And then we had an opportunity to audition in New York City, and we hesitated (at first), but we thought why not? ... If nothing else, we’ll go to the city for the day.”

Following what she described as a “two-minute audition,” Ethan earned a callback for the following day. A few days after that second round, Ethan learned he’d been cast as Kurt, one of the von Trapp children, in “The Sound of Music.” Bobbie Cutillo said they were shocked that “a little kid from (the) Scranton, Clarks Summit area” could nab the role, but Ethan is really enjoying it.

The experience started with two weeks of rehearsals in New York City plus a week of technical rehearsals in Oklahoma City.

“It was pretty long, the rehearsals,” Ethan said. “And there (were) long hours, but it was a lot of fun because I got to make friends.”

Bobbie Cutillo said she broke down into tears when the music started to play for Ethan’s first show. There’s something about live theater that makes it great, she said, especially when your own kid is part of it.

“(I am) very proud of him, because he doesn’t have a lot of experience, but he’s certainly gaining it,” she said.

Ethan described his first time on stage with the show as “almost magical.”

“I really felt good, and it was just great having the audience cheering,” Ethan said. “It was the same feeling as Scranton Prep … but it was even more great. That was really fun, just having a lot of people cheering.”

The show will tour for about seven and a half months, and Ethan’s mom and dad, Dr. Doug Cutillo, will take turns accompanying him on the road.

“It’s very interesting,” Bobbie Cutillo said. “I think it’s very challenging, but he’s really experiencing things that most 10- or 11-year-olds (are not), and he’s keeping up with his school work. “

A fifth-grader at Our Lady of Peace School in Clarks Green, Ethan continues to follow his school’s curriculum on the road and has a tutor, too. Ethan expects some of his school friends as well as family to be in the audience this weekend, when they’ll get to see him sing, among others, his favorite song, “The Lonely Goatherd.”

“There’s a lot of surprises in that that I think the audience is going to have a great time, because Maria’s starting to teach the kids how to sing,” he said, adding that the actress who plays Maria “makes it so laughable.”

He expects audiences to find humor in the song “Do-Re-Mi” and the first scene with the Von Trapp children, when they march onto the stage.

“There’s a lot of surprises in the show I think make it great,” Ethan said.

All that combine with beautiful costumes, a talented cast and an outstanding orchestra to round out the show, he added.

“People can come and see the show because it’s not just for adults,” Ethan said. “It’s like a family show, so if you’re having a bad day, I think they should go to the show because it just makes them feel better. It turns their frown upside down.”

Contact the writer: cwest@timesshamrock.com; 570-348-9100, ext. 5107

Births, Dec. 7, 2018

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Geisinger Medical Center, Danville

To Lucas Woody and Melissa Schaffer, Cressona, a daughter, Nov. 27. Maternal grandparents are Bettyann and Arthur Woody, Williamstown, N.J. Great-grandmother, Madelyn Schaffer, Cressona.

To Nicholas O’Donnell and Kayla Zambiari, Elysburg, a son, Nov. 27. Maternal grandparents are Phillip and Karen Zambiari, Minersville. Paternal grandparents are Michael and Lisa O’Donnell, Tamaqua.

Geisinger Bloomsburg Hospital, Bloomsburg

To Fred and Mary Lorence Schrader, Danville, a son, Nov. 27. Maternal grandparents are Dave and Michele Lorence, Cumbola. Paternal grandparents are Fred and Shirley Schrader, Bloomsburg.

Lehigh Valley Hospital-Schuylkill S. Jackson Street

To Rigoberto Pantoja and Danielle O’Pake, Shenandoah, a son, Nov. 27.

Woman sentenced to prison for drug offenses

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POTTSVILLE — Kayla M. Leibowitz is headed to state prison, although not for as long as prosecutors wanted, for drug-related crimes stemming from an incident in March 2017 in Coaldale that led to the death of a borough man and a traffic stop in June 2017.

Leibowitz, 29, of New Ringgold, formerly of Coaldale, must spend 3 1/2 to seven years in a state correctional institution, President Judge William E. Baldwin decided.

“Certainly, you as an addict were well aware of how (drugs) ruin everyone else’s lives,” Baldwin told Leibowitz, who was not convicted of causing the victim’s death, before imposing the sentence.

Baldwin rejected Leibowitz’s request to remain free in order to allow her to arrange care for her three children and her grandmother, and ordered the defendant taken away in handcuffs. She will go first to Carbon County, where she has outstanding warrants, before heading to state prison.

Leibowitz hurt her case for that request when she said the children were in her care when she was involved with drugs.

“That was when I was in active addiction,” she said. “I know it sounds horrible.”

“It sure does,” Baldwin said.

In a two-day trial over which Baldwin presided, a jury of eight men and four women on Oct. 23 acquitted Leibowitz of drug delivery resulting in death, but convicted her of delivery of a controlled substance, criminal use of a communication facility and possession of a controlled substance in that case.

In the second case, the same jury found Leibowitz guilty of four counts of possession of a controlled substance and one of possession of drug paraphernalia.

Coaldale police filed both cases against Leibowitz, charging that she delivered drugs to George Dougherty on March 7 or 8, 2017, and possessed four types of drugs — alprazolam, fentanyl, hydrocodone and methamphetamine — and the paraphernalia when she was apprehended on June 21, 2017. Both incidents occurred in the borough, police said.

Dougherty died in the early morning hours of March 9, 2017, at his mother’s home, police said. Leibowitz admitted doing everything except deliver the fatal dose of fentanyl to Dougherty; she testified at the trial that she delivered heroin to him.

Berks County Assistant District Attorney Colin Boyer asked Baldwin to send Leibowitz to state prison for six to 26 years.

“The defendant had a second chance. She had a third chance,” he said. “We have to look at protecting the community from her actions.”

Punishment, not rehabilitation, for Leibowitz is the answer now, Boyer said.

“The defendant had many opportunities to rehabilitate herself,” he said. “She was selling. The time for rehabilitation has ended.”

Assistant Public Defender Paul G. Domalakes, Leibowitz’s lawyer, said the sentence should not merely punish his client but give her a chance to clean up her life.

“She has done what she can,” he said of his client. “She has taken major steps.”

Leibowitz wept while testifying she went through drug rehab while in prison.

“Going to jail ... actually saved my life because of how bad I was in addiction. Life’s a lot better when you’re not on drugs,” she said, although she also admitted that she smoked marijuana once, and tested positive for it, after rehab.

However, Baldwin, who also sentenced Leibowitz to pay costs and $100 to the Substance Abuse Education Fund and submit a DNA sample to law enforcement authorities, said the defendant’s fate is not the only issue concerning sentencing.

“There were communications” showing that Leibowitz was dealing drugs, he said. “This isn’t just about her.”

Contact the writer: pbortner@republicanherald.com; 570-628-6014

Defendant: Kayla M. Leibowitz

Age: 29

Residence: New Ringgold, formerly of Coaldale

Crimes committed: Delivery of a controlled substance, criminal use of a communication facility and possession of a controlled substance in one case, four counts of possession of a controlled substance and one of possession of drug paraphernalia in the other

Prison sentence: 3 1/2 to seven years in a state correctional institution


Funding available to repair homes in Pottsville

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POTTSVILLE — City residents might be eligible for government money to fix their homes.

Pottsville received a $500,000 grant last year from the state Department of Community and Economic Development from the HOME program.

The federally funded program provides municipalities with grant and loan assistance, as well as technical assistance, to expand the supply of decent and affordable housing for low- and very low-income Pennsylvanians, according to the DCED website.

The money can be used for upgrading owner occupied homes by fixing health, safety and code violations; making a home more efficient; and other improvements.

To date, 13 applicants are approved, City Administrator Thomas A. Palamar said Thursday. There is funding possible for 17 to 20 homeowners, depending on how much is given. A maximum of $24,999 is eligible per homeowner.

The program was initially for the Fifth Ward, but was expanded to include all city residents who own their homes and meet eligibility criteria.

“We believe these kinds of investments will keep these properties off the blight list and keep people in their homes,” Palamar said

Those interested should call Schuylkill Community Action, the program administrator, at 570-622-1995.

Contact the writer: ; 570-628-6028

Collaborative effort to combat crime in Hazleton underway

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HAZLETON — A helicopter whirred overhead Friday as at least 50 law enforcement officers scoured the streets of Hazleton, saturating neighborhoods with police as they searched for law breakers for hours.

A collaborative effort between Hazleton police, the Luzerne County District Attorney’s Office, federal, state and local law enforcement officers were involved in the endeavor called “Operation Alliance.”

As of an 8:30 p.m. news conference — seven hours into the maneuvers — police had 60 contacts with citizens, assisted with one fentanyl overdose of a 26-year-old male, made 16 arrests, had five warrant apprehensions and four arrests for possession with intent to deliver, Luzerne County District Attorney Stefanie Salavantis said.

Several hundred pills were seized, along with about 10 grams of marijuana, multiple bundles of heroin and fentanyl and an undisclosed amount of methamphetamine, she said from the press conference inside Hazleton Fire Department’s southside station on East Broad Street.

Seven vehicles were impounded, too — one of them was stolen in Philadelphia.

A state police helicopter hovered overhead most of the afternoon and into the night in Hazleton, offering surveillance to police on the ground and keeping an eye on officers’ safety. Hazleton police and those involved in Operation Alliance didn’t announce their saturation patrols until the press conference that night for security reasons, despite the helicopter piquing public interest.

Police from multiple departments stood “shoulder to shoulder,” Police Chief Jerry Speziale said, offering their talents and tools to the operation. Officers hailing from the Federal Bureau of Investigation, Drug Enforcement Agency, the Pennsylvania Attorney General’s Office, Pennsylvania State Police and county drug task officers, worked with Hazleton, West Hazleton, Hanover Township, Butler Township and Pittston police and others to take those breaking the law into custody.

They added extra police to a department that doesn’t have enough officers, Salavantis said.

Salavantis said she and the coordinator of the Luzerne County Drug Task force were talking about some of the Hazleton crime headlines they’ve read in local newspapers recently and thought they could offer help. She reached out to Speziale asking what they can offer and within about a week, multiple law enforcement departments mobilized, hitting Hazleton’s streets to stop the crime, unannounced.

“We sent these guys out and they hit the ground,” Salavantis said.

“We aren’t going to tolerate the crime that’s going on in Hazleton. We will come together and we will make sure our communities are safe. We are here and we are paying attention,” she said.

Officers planned to keep Operation Alliance in full swing until about 9:30 p.m. but promised to return again.

“If you are out and you are breaking the law we are going to reach out and grab you around the neck and bring you to face justice,” Speziale said.

Criminals don’t know municipal boundaries so eventually Hazleton’s crime problem, becomes a problem for other communities and the crossroads of interstates 80 and 81 and other major highways provide the traffic route, Speziale said.

He thanked all those involved in the collaboration and hoped that the message rang clear to criminals that if they’re in Hazleton, they picked the wrong city to set up shop.

State police Sgt. Brian Dropinski said state police often works with local police departments on a daily basis. Specifically, he said Hazleton drug detectives and the state’s narcotics unit exchange information and officers back up city police on calls and are willing to help.

Contact the writer: achristman@standardspeaker.com; 570-501-3584

Pottsville man admits guilt in federal meth-trafficking case

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A Pottsville man could spend the rest of his life in federal prison after admitting Thursday in U.S. District Court in Scranton that he conspired to distribute more than a pound of methamphetamine in and around Schuylkill County.

Anibal L. Rodriguez, 27, pleaded guilty to conspiracy to distribute more than 500 grams of methamphetamine.

U.S. District Judge Robert D. Mariani accepted Rodriguez’s plea, ordered preparation of a presentence report and said he would schedule sentencing at a later date.

Rodriguez admitted in his plea that between July 2016 and May 24, 2017, he participated in the conspiracy, U.S. Attorney David J. Freed said Friday.

In fact, according to the plea agreement, Rodriguez organized and led the conspiracy, and also used threats or violence in connection with carrying it out, according to Freed.

A federal grand jury indicted Rodriguez and three other people in August 2017 in connection with the conspiracy. The other three conspirators, David Castro, Ernest Schaeffer and Laverne Schaeffer, also all have pleaded guilty and are awaiting sentencing.

Rodriguez faces a maximum possible sentence of life in prison for his crime. He is in prison while awaiting sentencing.

The Federal Bureau of Investigation, Pennsylvania State Police and local police in Schuylkill County investigated the case, which is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.

Prosecutors brought the case as part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve in an effort to reduce violent crime and make neighborhoods safer. The Department of Justice reinvigorated the program in 2017 in a renewed effort to target violent criminals.

Contact the writer: pbortner@republicanherald.com; 570-628-6014

North Union tentative budget holds line on taxes

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The North Union Township supervisors tentatively adopted a spending plan for 2019 on Monday that holds the line on taxes.

The $629,976 budget keeps the tax rate at 4.8 mills and is available for inspection at the township building by appointment.

The budget starts off with $200,985 in assets and has revenues as follows: taxes, $325,491; licenses and permits, $1,800; fines and forfeits, $1,000; interest, $700; intergovernmental revenue, $98,000; and miscellaneous, $2,000.

Expenditures include: general government, $50,500; public safety, $45,000; highway, roads and streets, $190,000; culture and recreation, $9,000; debt services, $36,000; payroll taxes, $64,800, and insurances, $45,200. The supervisors expect to carry over $189,476 in assets.

The budget will be formally adopted at a special meeting at 6:30 p.m. Dec. 27 at the township building.

Contact the writer: kmonitz@standardspeaker.com; 570-501-3589

Judge rules ex-deputy coroner to be sexually violent predator

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POTTSVILLE — Former Deputy Coroner Edward C. Smith is a sexually violent predator, subjecting him to increased supervision if he ever leaves prison, due to his engaging in sexual activity with a teenage boy, a Schuylkill County judge decided Friday.

However, the finding does not significantly affect Smith, 61, of Tamaqua, since a Luzerne County judge already had ruled him to be a sexually violent predator in another case.

“You understand what’s required of you under Megan’s Law, you have to register?” Judge James P. Goodman asked Smith on Friday.

“Yes, sir,” Smith replied.

Goodman told Smith that as a sexually violent predator, he must attend monthly counseling sessions for life, and that other people, including school superintendents and day care operators, will be notified if he lives in their area after he leaves state prison.

The sanctions against Smith for being a sexually violent predator are in addition to the ones Goodman already imposed on him under Megan’s Law at the time of his guilty plea and sentencing.

Smith, who also served as a deputy coroner in Carbon and Schuylkill counties, pleaded guilty on Aug. 1 to two counts of involuntary deviate sexual intercourse and one of corruption of minors. Prosecutors withdrew charges of unlawful contact with a minor, statutory sexual assault, indecent assault, unlawful contact or communication with a minor-sexual abuse and knowing or permitting photograph or film depiction of a child sex act on a computer.

At that time, Goodman sentenced Smith to serve eight to 16 years in a state correctional institution, plus an additional three years on probation. He also imposed lifetime Megan’s Law sanctions on Smith due to the plea to the IDSI charges.

Goodman also made his sentence consecutive to the one of six to 20 years in state prison that Luzerne County Judge David W. Lupas imposed on Smith on May 8.

In the Schuylkill County case, agents from the state attorney general’s office charged that from fall 2015 through December 2016, Smith paid a boy for sexual acts and favors in Tamaqua. Police said the boy was 14 and 15 years old when the incidents occurred.

In the Luzerne County case, the state attorney general’s office had charged Smith with arranging to meet with a person he thought was a teenage boy — who actually was an undercover agent — in order to try to have sex.

The Megan’s Law sanctions to which Smith will be subject once he leaves prison require him to provide his name, address, Social Security number, telephone numbers, photograph, employment, any schools he might attend, registration of any vehicles he owns and other information to the Pennsylvania State Police for the rest of his life. Any further violation of the sanctions would be an additional crime and again subject Smith to another prosecution.

Megan’s Law was enacted in Pennsylvania, numerous other states and at the federal level after the July 29, 1994, murder of Megan Nicole Kanka, 7, in Hamilton Township, New Jersey. Jesse Timmendequas, Kanka’s killer, was one of her neighbors and a twice-convicted sex offender; his death sentence was commuted to life imprisonment after New Jersey enacted legislation to abolish the death penalty in that state.

Deputy Attorney General Angela L. Raver and Adam R. Weaver, Lehighton, Smith’s lawyer, each declined to comment on the case on Friday after the hearing.

Contact the writer: pbortner@republicanherald.com; 570-628-6014

Defendant: Edward C. Smith

Age: 61

Residence: Tamaqua

Crimes committed: Two counts of involuntary deviate sexual intercourse and one of corruption of minors

Prison sentence: Eight to 16 years in a state correctional institution, plus three more years on probation, all consecutive to his Luzerne County sentence, plus lifetime Megan’s Law sanctions

Penn State Schuylkill names new chancellor

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Patrick Jones, assistant vice president for academic affairs, online learning at Drexel University, has been named chancellor at Penn State Schuylkill, effective Jan. 4, according to a Penn State press release.

Jones succeeds Kelly Austin, who was named associate vice president for administration in the Office of the Vice President for Commonwealth Campuses in 2017. Darcy Medica, director of academic affairs and associate professor of biology at Penn State Schuylkill, served in the role in an interim capacity.

Jones, a Pennsylvania native, earned a doctorate in music education from Penn State. He has more than 30 years of experience in the field of education as an academic administrator, professor and band conductor. In addition to his academic career, Jones concurrently served for 30 years in the Army and Air Force, during which time he was commander of the 553rd Air Force Band and the chief of Air National Guard Bands, among other roles. In 2011, he retired from the Air National Guard as a colonel.

“We are delighted for Dr. Jones to be joining our Penn State Schuylkill community,” said Madlyn Hanes, vice president for Commonwealth Campuses and executive chancellor at Penn State. “He is an innovative and accomplished leader with years of experience in curricular and strategic planning, interdisciplinary collaboration and constituent relations. I am confident the wealth of experiences and expertise he brings — coupled with his vision for Penn State Schuylkill — will build on the campus’s long-standing history of excellence.”

As chancellor of Penn State Schuylkill, Jones will be responsible for the quality of academic programs in teaching, research and service; strategic planning; budgeting; philanthropy; staff development; outreach; and community and alumni relations at the campus.

In his career in higher education, Jones has served in a variety of administrative roles, including assistant vice president for academic affairs, online learning at Drexel; director of veteran enrollment practice at Syracuse University; professor and director of the Setnor School of Music at Syracuse; dean of School of Arts at Utah Valley University; and chair of music education at Boston University.

“I am honored to be joining the impressive team at Penn State Schuylkill,” Jones said. “The dedication of the faculty, staff and advisory board members is evident, and students’ accomplishments are notable — being accepted into top graduate programs, conducting research on campus and abroad, and engaging in community service that improves people’s lives. I look forward to continuing to build on the university’s land-grant mission for the 21st century through providing high-quality education, advancing research that addresses pressing problems, and positioning Penn State Schuylkill as a valued neighbor that serves the region through community engagement and economic development activities.”

In his career in the armed forces, Jones climbed the ranks to colonel while serving in a variety of capacities. He was awarded the United States Meritorious Service Medal and Pennsylvania Distinguished Service Medal.

Jones has held leadership positions in national and international scholarly societies and served as a member of editorial boards and external reviewer for scholarly publications and research grants. He earned a bachelor’s degree in music education from West Chester University, diploma of fine arts in conducting and wind literature from University of Calgary, master’s degree in conducting from George Mason University and doctor of philosophy in music education from Penn State. He is a graduate of the Armed Forces School of Music, Air National Guard Academy of Military Science, Squadron Officer School, Air Command and Staff College, and Air War College.

Dunham's Sports opens at Fairlane Village mall

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POTTSVILLE — Before the orange ribbon fell to open the new Dunham’s Sports store at the Fairlane Village mall, customers were already lined up at 9 a.m. Friday hoping to grab some deals close to home.

They’ve been without the sporting goods chain since the closing of the Schuylkill Mall in Frackville and since work began this summer at the new Pottsville Dunham’s location.

Kerri Bundy, store general manager, cut the ribbon, welcoming shoppers to the 43,960-square-foot facility and thanking her staff, visiting manager and corporate representatives for their support.

“We’re very excited to be back. We hope you all like the store — it’s beautiful,” Bundy said. Bundy, who had been the previous general manager at the Hazleton store, said the 7165 Fairlane Village mall site employs about 35 full- and part-time workers.

Steve Sander, chief operating officer, came from Dunham’s corporate headquarters in Troy, Michigan, for Friday’s launch. He said he tries to get to all of the ribbon-cutting ceremonies for the grand openings.

“We almost looked at Frackville and Pottsville as one market,” he said. “We’re happy to be back here. We expect it to be as good as the Frackville location ... The real estate is better.”

Dunham’s closed Dec. 31, 2017, at the Schuylkill Mall. It had to vacate after NP New Castle LLC, Riverside, Missouri, bought the mall for $2.1 million in a January 2017 bankruptcy auction.

Cristina Seeraj, of Frackville, attended the grand opening, looking for winter boots. Her family had shopped at the Frackville store.

“I loved going there and my husband could spend hours in there. We’re happy that they’ve opened here. It’s close and it’s affordable,” Seeraj, a mother of four, said. Three of her children play basketball and soccer, she said, and Dunham’s has a good selection for athletic wear and supplies.

Chris Webb spent time in the hunting department Friday.

“After they closed the store in Frackville, I was going to the one in Hazleton, but this is much closer. I wanted to scope everything out and see where everything is,” Webb, of Mount Carmel, said.

The outdoors and hunting selection also drew customers Mark Hoff and Nikole Haller, both of Shenandoah.

“We’re Christmas shopping for my brothers. For myself, I like coming in here and looking at the hunting supplies and the guns,” Hoff, a member of the Army National Guard, 1st Battalion,109th Infantry in Tamaqua, said.

Meanwhile, Erin Loftus, a former customer at the Frackville store, also found some Christmas gift ideas.

“This store has a lot more to choose from,” Loftus, of Schuylkill Haven, said. She arrived as one of the first 100 in the door and received a free Dunhams’ Sports T-shirt.

“I’ll be doing more shopping here. We don’t have much shopping left anymore in Schuylkill County and now you don’t have to drive far,” Loftus said.

In addition to the T-shirt giveaway to the first 100 customers Friday, there was also free 6-packs of Coke or Diet Coke to anyone making a purchase of $10 or more, while supplies lasted. Guests were treated to free refreshments and balloons.

Today, the first 100 adults will receive a Dunham’s Sports baseball cap. On Sunday, the first 50 people/families in line will receive a $10 Dunham’s Sports gift card.

According to a corporate release, the opening of the Pottsville location is the 29th Dunham’s Sports store in the state and marks over 230 stores chainwide.

“The new Pottsville store offers a full line of traditional sporting goods and athletic equipment, as well as a wide variety of active and casual sports apparel and footwear featuring Under Amour, Nike, adidas, Skechers and more.

“There will be a large selection of athletic and outdoor apparel, a fitness department, plus a large value area featuring footwear at savings of 30 to 50 percent off. The expanded outdoor department will offer more from your favorite brands like Remington, Rocky, Smith & Wesson and Crosman, plus a large offering of kayaks, canoes and stand-up paddleboards. The store will also have a Fairway Center golf shop featuring top golf brands such as Taylormade, Titleist, Callaway and Cobra,” the release said.

Store hours are 9 a.m. to 9:30 p.m. Monday through Saturday, and from 10 a.m. to 6 p.m. Sunday.

Contact the writer: ; 570-628-6007


Criminal court, Dec. 8, 2018

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On Nov. 29, President Judge William E. Baldwin sentenced Anthony J. Fazio, 41, of Hazleton, to serve four to 23 months in prison and pay costs and $1,922.64 restitution.

Fazio pleaded guilty Sept. 26 to four counts of bad checks and one each of theft by deception and retail theft. Prosecutors withdrew a charge of receiving stolen property.

Tamaqua police charged Fazio with passing three bad checks on Oct. 26, 2017, while Shenandoah police charged him with passing one on Oct. 31, 2017. State police at Frackville charged him with committing the theft on Nov. 1, 2017.

In another Tuesday case, Judge Charles M. Miller sentenced Brandon R. Snyder, 35, of Tamaqua, to serve 18 to 36 months in a state correctional institution, pay costs, $50 to the Criminal Justice Enhancement Account and $3,546.29 restitution, and submit a DNA sample to law enforcement authorities.

A jury convicted Snyder on Oct. 25 of access device fraud. Saint Clair police charged Snyder with using a Lowe’s credit card belonging to Child Development Inc. at the Lowe’s home improvement center in Fairlane Village on four occasions in December 2016, once on Dec. 18, once on Dec. 19 and twice on Dec. 20.

Contact the writer: pbortner@republicanherald.com; 570-628-6014

Police log, Dec. 8, 2018

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Student caught

with pellet gun

FOUNTAIN SPRINGS — An eighth-grade student at North Schuylkill High School is facing charges after he was caught with a pellet gun at school around 9 a.m. Friday, police said.

Butler Township Police Chief Edward Tarantelli said the school became aware of the incident involving the boy on social media that indicated he had a gun and drugs at school. Brief restrictions were put in place at the school and the student isolated from the rest of the students, the chief said.

He said it was determined the gun was a pellet gun and that the alleged controlled substances were actually normal medications made to look like controlled substances.

Tarantelli said the student was removed from school and released to the custody of family members. Charges against the teen will be filed in juvenile court at the conclusion of the investigation, Tarantelli said.

Area establishments

face liquor violations

ALLENTOWN — Six Schuylkill County businesses were cited by the state police Bureau of Liquor Control Enforcement for various infractions of the state Liquor Law. They include:

Jackson St. Pub LLC, 101 Jackson St., Port Carbon — failing to have the board-approved manager complete the required training between Aug. 26 and Oct. 15.

Christopher Columbus Society of Tamaqua, 101-103 Schuylkill Ave., Tamaqua — failing to adhere to the constitution and bylaws of Liquor Control Board regulations, failing to maintain records in accordance with the Liquor Law and failing to have the board approved manager complete the required training.

American Legion Home Association of Coaldale, 103-105 Second St., Coaldale — failing to maintain complete and truthful records concerning Small Games of Chance and possessing and operating gambling devices or paraphernalia or permitting gambling or lotteries, pool selling or book making on the licensed premises.

East End Fire Company No. 4, 553 E. Broad St., Tamaqua — failure to adhere to the constitution and/or bylaws of Liquor Control Board regulations and possessing and operating gambling devices or paraphernalia or permitting gambling or lotteries, pool selling or book making on the licensed premises.

Red Lion Café, 697 Deturksville Road, Washington Township — selling or furnishing alcohol to a minor.

PBX Enterprises Inc, 2290 W. Market St., Pottsville — refilling liquor bottles in violation of the Liquor Code.

The charges will be brought before an administrative law judge who can impose fines between $50 and $1,000 for minor offenses or up to $5,000 for more serious violations. The judge can also impose a license suspension or revocation and mandate licensee training.

McAdoo police net

arrests of 2 men

McADOO — Two people were arrested by borough police in two separate incidents.

Police said Andy De Jesus Rosario, 19, of West Hazleton, was charged with possession of drug paraphernalia.

Police said officers stopped a vehicle driven by Rosario on Nov. 7 and found the man to be in possession of a small plastic cylinder shaped container that had trace amounts of marijuana inside.

On Thursday, police said Marcus Castaneda, 23, of Drums, was charged with possession of a small amount of marijuana, possession of drug paraphernalia and a summary violation for window tint after a vehicle stop.

During the stop, police said, Castaneda was asked to empty his pockets. He pulled out a plastic bag with a small amount of marijuana. Officers also recovered small pieces of marijuana in a plastic cup in the vehicle’s cup holder, police said.

Harassment charges

filed against woman

McADOO — A 33-year-old Tresckow woman was charged with harassment by communication by McAdoo police after an incident Nov. 19.

Police said officers were contacted by a witness in a theft case who reported being sent text messages by the woman, who was trying to persuade the victim in that case to drop the charges against her.

The woman had prior warnings forbidding her from texting the victim, police said.

Coffee with a Cop

slated at Starbucks

HAMBURG — Coffee with a Cop, sponsored by state police at Hamburg and Hamburg and Tilden Township police, will be held from 10 a.m. to noon Dec. 19 at Starbucks Coffee Co., 5 Dave’s Way.

The public is invited to join neighbors and police for coffee and conversation. There will be no agenda or speeches, just a chance to ask questions, voice concerns and just to know the troopers and municipal officers who patrol the Hamburg area.

Around the region, Dec. 8, 2018

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Ashland

A free soup-and-sandwich lunch is set for 11 a.m. Dec. 19 at Zion Reformed United Church of Christ, which hosts the lunches on the third Wednesday of the month. For more information, call 570-875-2700.

Cressona

The Retired Nurses of Schuylkill County will get together at noon Dec. 12 at Hoss’ Steak and Seahouse. It will be the last meeting of the group until March. For more information, call Mildred at 570-628-5413.

Elizabethville

The Elizabethville Area Historical Society will hold its annual Christmas social at 6 p.m. Dec. 17 at Trinity United Methodist Church, 25 E. Main St. The public is invited to attend. To make a reservation, call 717-362-8991. For more information about the society, go to its website at www.elizabethvillehistory.org or to Facebook at Elizabethville Area Historical Society.

Mahanoy City

Good American Hose Company, 738 E. Mahanoy Ave., is having a cookie sale from 11 a.m. to 2 p.m. Dec. 15. To order in advance or for more information, call 570-590-6215. The prices are $10 for three dozen, $15 for four dozen and $20 for five dozen. The cookies are assorted, with or without nuts.

Muir

The Muir Volunteer Fire Company No. 1 will have a soup sale and baking contest beginning at 9 a.m. Jan. 19 at the firehouse, 107 W. Church St. Participants will enter a baked good with a $10 entry fee. Baked goods can be dropped off at the firehouse from 9 to 11 a.m. Jan. 19. Judging will be from 11 a.m. to noon. Cash prizes will be awarded for first and second place; third place will get the entry fee back. The bake sale and soup sale will be from 12:30 to 3 p.m. Soups will include chicken corn noodle, and ham and bean for $7 per quart. To register or for more information, call the firehouse at 717-647-2321 or email muirfire221@gmail.com.

Pottsville

Via a Majestic Theater raffle, people will have a chance to win two tickets for the Broadway show “Hamilton” at 3 p.m. Feb. 10 (seats 1 and 2 in Orchestra Row R) plus a $50 gift certificate to Carmine’s. Chances are $50 each and only 200 are available. The drawing will be on Dec. 15. Tickets are available at the Pottsville Area Development Corp. office, 1 S. Second St., from 8 a.m. to 4 p.m. Mondays-Fridays or at the 209 N. Main St. theater from 11 a.m. to 3 p.m. Fridays. Upcoming presentations at the theater include “It’s A Wonderful Life” at 7 p.m. Dec. 13 and 14 and 2 and 7 p.m. Dec. 15, tickets $15 each; the Majestic Singers concert at 3 p.m. Dec. 16, free admission, and The Jazz Hands at 7 p.m. Dec. 22, tickets $15 each. For more information, call 570-628-4647 or go online to www.majestictheater.net.

Pottsville

The Pottsville Rotary Club recently welcomed students of the month Raina Yeung and Paul Hertz of Minersville Area High School, Abigail Bolich and Allison Bolich of Nativity BVM High School and Michael Johnson-Ponce and Evan Spevak of Pottsville Area High School. The students told Rotarians about their school and community activities and plans for the future. The club recently had District Governor Dan Bennett, District Governor-Elect Swan Stull and Assistant Governor Susie Drukker to preside as it inducted four new members — Brad Harris, James Ryon, David Gonzalez and John Murga — and a returning member, Jim O’Brien.

Ringtown

A Bach and Handel Choral Christmas concert is set for 3 p.m. today at St. John’s Lutheran Church. All are welcome; freewill offerings will be accepted.

Shenandoah Heights

Officers of the West Mahanoy Township Police Department will participate at 7 a.m. Dec. 18 in Coffer with a Cop at the Shenandoah Heights Fire Company. Police and community members, according to a release, will “come together in an informal, neutral space to discuss community issues, build relationships and drink coffee.” All community members are invited to attend. The session will go from 7 to 10 a.m. For more information, call 570-462-2360.

Deeds, Dec. 8, 2018

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Deeds

East Union Township — Dolores Furedi to Fredrick A. and Sandra K. Mumich; property on Route 924, Sheppton; $5,000.

Mary A. Miller and Charles A. Steward, co-executors of the Estate of Mary G. Steward, to David A. Steward Sr.; 928 Center St., Sheppton; $1.

Middleport — Sell to Dan Bucks County LLC to William Lewis; property on Kaska William Street; $17,000.

Pottsville — Carla L. Kramer to Jonathan D. Shafer and Devin Michael Watkins; 1426A W. Norwegian St.; $96,000.

Rush Township — Robert A. Williamson, trustee under the Robert A. Williamson Revocable Trust, to Elizabeth Lebo Samsel; 83 Great Oaks Drive, Lake Hauto; $305,000.

Schuylkill Haven — Sleepy Hollow 13 LLC to Jerry D. and Farideh S. Bowman; 512 Dock St.; $28,000.

Lawrence E. Emerich to Samantha M. Kupper; 106 Roosevelt St.; $175,000.

Shenandoah — Imobiliaria LLC to Jose Ulloa; 207 S. Jardin St.; $12,500.

Washington Township — Robert M. Mahoney, executor of the Estate of Margaret Mahoney, to James J. Mahoney; 100 Shoreline Drive; $1.

Great Geminid meteor shower underway; a comet is coming

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This coming week in the early Pottsville overnight skies, there will be quite a show going on.

It’s the annual Geminid meteor shower, one of the best of the year. Only the Perseids, seen in early August, are as good. This year, viewing the Geminids should be fantastic because the moon will set and be out of the sky by midnight, leaving much darker skies for meteor shower watching.

If possible, get out in the dark countryside, especially late Thursday night and Friday morning when Geminids are peaking and you may see 50 to 75 meteors an hour. The very best time to watch for them will be from around midnight to the start of morning twilight. Even if you can’t break away from the city lights, you’re bound to see at least some decent meteors. Trust me. It’s worth setting the alarm, bundling up and losing a little sleep.

This shower is called the Geminid meteor shower because all of the meteors in the celestial dome will appear to be streaming from the general direction of the constellation Gemini the Twins, which is in the western half of the sky in the early morning.

By no means should you restrict your viewing to just that part of the sky because the meteors will be all over the heavens and I don’t want you to miss any.

The best thing to do is lay back on a fully reclining lawn chair, rolling your eyes all around and keeping count of how many meteors you see. No binoculars or telescopes needed or wanted. You want to constantly have a wide view of the sky.

Meteor shower watching is especially fun with a group of people, because the more eyes in the sky, the more meteors you’ll see. Not only that but you can give each other moral support for being out in the cold doing something out of the box. It does make memories!

Meteor showers occur when the Earth in its orbit around the sun runs into a debris trail of dust and small pebbles as it orbits around the sun. For most meteor showers, the debris is left behind by a passing comet, but the Geminids are unusual because the debris trail was left behind by an asteroid dubbed by astronomers as 3200 Phaethon. This asteroid was discovered in 1983 and has a diameter of around three miles. It has a highly elliptical orbit that swings it by our part of the solar system every year and a half. Each time it passes, it refreshes the debris trail. It’s a real cosmic litterbug! The planet Jupiter has made the Geminids even better over the last few years. Jupiter’s gravity has tugged the stream of particles from asteroid 3200 Phaethon, closer to Earth over the centuries.

The individual debris particles 3200 Phaethon are called meteoroids and are tiny. I would say much better than 99 percent of them are much less than the size of your thumbnail. They slam into our atmosphere about 50 to 80 miles high at speeds that can exceed 40 miles per second. They burn up in our atmosphere due to air friction but no way can we see the actual combustion that high up. The streaks we see are caused by the columns of air becoming temporarily chemically excited by the meteoroids ripping through it.

Meteor showers are best seen after midnight when you’re on the side of Earth has rotated into the direction of the debris trail. A good analogy is driving on a warm summer evening (isn’t that a pleasant thought about now?), you get many more bugs that meet their demise on your front windshield than you do on your rear window. After midnight we’re facing through the “front windshield.”

A comet is on the way

Comet Wirtanen is getting closer and closer to Earth and next weekend less than 7 1/2 million miles away from Earth. It’s a small comet with a nucleus only about a half-mile wide but it’s fuzzy atmosphere of dust and melted ice makes it look a lot larger. Because it’s so small it doesn’t really have much of tail like most comets.

In our skies, the Comet Wirtanen will be as large as a full moon but much, much fainter. Unless you live or go to a place with super dark skies you’ll need a binoculars or even a small telescope to see it. Look for it this weekend and early this week in the evening eastern sky to the far right of the bright Pleiades Star Cluster by about 20 degrees. That’s about the twice the width of your fist held at arm’s length. I’ll have much more on Comet Wirtanen next week in Skywatch.

(Lynch, an amateur astronomer and professional broadcast meteorologist, can be reached at mikewlynch@comcast.net)

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