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Police log, July 9, 2013

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Police charge

Shenandoah man

SHENANDOAH - A 31-year-old Shenandoah man will be charged by borough police in connection with separate incidents in the borough.

Stemming from an incident at 4:38 a.m. June 30, police said, Hector Marte, 221 W. Oak St., was charged with scattering rubbish after he threw a ceramic vase at another man on the street near his home. When asked by officers to clean up the pieces of the vase, police said, Marte said no and closed his door.

Then, about 11 a.m. Saturday police charged Marte with disorderly conduct, criminal trespass and harassment after an incident at 119 N. Lehigh St.

Police said Marte kicked in the front door of the home of Christina Yoza and chased her through the house and into an upstairs bedroom with a piece of broken glass.

Marte was taken into custody without incident and police said other people in the house said Marte may have been on bath salts or other drug due to his out of control behavior.

Police said Marte was arraigned by Magisterial District Judge Carol A. Pankake, Tremont, and committed to Schuylkill County Prison unable to post 10 percent of $35,000 bail.

Man charged with public drunkenness

SHENANDOAH - A 40-year-old Shenandoah man was arrested by borough police and charged with public drunkenness after an incident near his 226 W. Mount Vernon St. home about 2:30 a.m. Saturday.

Police said officers were called to the area of North West and West Centre streets for a report of a man with a diabetic problem but Robert Link was found lying on a sidewalk highly intoxicated.

Link was found to have a normal level of blood sugar and was subsequently taken to his home and told he would receive a citation for public drunkenness.

Woman charged

with trespassing

DELANO - A 23-year-old Delano woman will be charged with trespassing after an incident at 169 Hazle St. in Delano Township between 5 and 6 p.m. Sunday.

State police at Frackville said Amber Lynn Hall entered the home of Holly A. Keating despite being told in the past she did not have permission to do so.

Police said Hall will have to answer to the charge before Magisterial District Judge Anthony J. Kilker, Shenandoah.

Man avoids injury

in I-81 crash

MAHANOY CITY - A 21-year-old Newport, N.C., man escaped injury when the 2012 Chevrolet Malibu he was driving crashed in the northbound lanes of Interstate 81, at mile marker 131.4 in Mahanoy Township, about 12:30 p.m. Sunday.

State police at Frackville said Patric Jones was driving north in the left lane when he fell asleep causing his car to go off of the road and into the median where it struck a traffic sign and came to a stop after spinning counterclockwise.

Mahanoy City firefighters and Ryan Township EMS assisted at the scene and police said Jones will be cited for careless driving as a result of the crash.

Police release

checkpoint details

The North Central PA Regional DUI Enforcement Program released details of three enforcement initiatives conducted during the Fourth of July holiday period.

On Friday, 16 officers from seven departments conducted a Sobriety Checkpoint in Minersville that resulted in 488 vehicles contacted, 32 detained and 12 drivers tested for DUI.

There were three DUI arrests made and the officers also made 11 traffic arrests, one criminal arrest, issued two seatbelt citations and 14 warning notices.

On Wednesday, 21 officers, both local police officers and state police troopers, conducted a Sobriety Checkpoint in Schuylkill Haven that contacted 973 vehicles, detained 72 and had seven drivers tested for DUI.

There were 4 DUI arrests made along with 33 traffic arrests, four criminal arrests, one seatbelt warning and 33 warning notices issued.

Finally, a Roving DUI Patrol conducted by three officers from three departments resulted in 31 vehicles contacted and detained and four drivers tested for DUI.

There were no DUI arrests but the officers made three arrests for underage drinking, 13 traffic arrests, two criminal arrests and issued one seatbelt citation and 15 warning notices.

Checkpoints listed

through week

The North Central Regional Sobriety Checkpoint DUI Taskforce announced that Sobriety Checkpoints and Roving DUI Patrols will be conducted today through Monday on routes 61, 183, 901, 209, 1006, 309, 1008, 443, 895, 125,25, 924 and 54.

Travelers are reminded to call 911 if they suspect a drunk driver or to call, toll-free 888-UNDER21, to report underage drinking.

Vehicle damaged

in Shenandoah

SHENANDOAH - Shenandoah police are investigating a criminal mischief incident that occurred in the area of 25 S. Jardin St. Monday.

Police said Geralynn Matta reported someone damaged the right taillight assembly on her vehicle by using a tool to wedge the cover causing damage to it and making it non functional.

Anyone with information is asked to call police at 570-462-1008 or through the Schuylkill County Communications Center at 570-462-1991.


Ringtown council chooses workers' comp insurance carriers

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RINGTOWN - With less than a month left before the borough's workers' compensation insurance expires, the Ringtown Borough Council approved coverage from two other insurance sources to meet state requirements at Monday's meeting.

The unanimous approval was given even though the exact cost of the insurance premiums were not available as of the meeting. The motion to pre-authorize the insurance plan included a provision that borough council would vote at the Aug. 12 meeting on what the finalized premiums will be when determined by the Pennsylvania Compensation Rating Bureau, which is the licensed rating organization for workers' compensation insurance in the state. Membership in the nonprofit PCRB is comprised of all insurance carriers, including the State Workers' Insurance Fund, authorized to sell workers' compensation insurance in Pennsylvania.

The current WC insurance provider, Employers Mutual Casualty Company, Pottstown, informed borough officials in May that the current policy would not be renewed when it expires Aug. 1, stating the reason for the cancellation was a three-year loss ratio of 105 percent, with $38,096 in total incurred losses.

The borough's current WC insurance covers borough employees and the Ringtown Municipal Authority employees, along with volunteers of the Ringtown Valley Fire and Rescue Company and Ringtown Community Ambulance.

On June 27, a meeting was held to discuss the matter that included representatives of the borough, Union Township, fire company and Higgins Insurance, which is the insurance broker. Council President Julian Milewski, a Republican-Herald employee, said state Sen. David G. Argall, R-29, and state Rep. Jerry Knowles, R-124, were invited, but both were unable to attend due to legislative sessions in Harrisburg.

Milewski said Greg Guldin of Higgins Insurance is waiting for written approval from PCRB before a new policy is written. The PCRB has given verbal approval.

"I can certainly understand where he's coming from," Milewski said to the council.

The new coverage plan is to have two insurance carriers instead of just one as it is now. Instead of EMCC, the new company would be AmeriHealth Casualty to cover borough and authority employees and ambulance association members. Volunteer firefighters would now be covered through SWIF.

"AmeriHealth seems to be the way to go at this point at approximately the same rate we've paid, but I don't have a number in writing from him (Guldin) on that yet," Milewski said.

The borough's current annual policy premium is $29,000, which covers employees, fire company and ambulance association members. AmeriHealth's premium would be about the same rate, but only cover borough/authority employees and the ambulance association.

The SWIF coverage would be for the fire company at about $8,000, but Union Township would pick up 50 percent of the premium, pending approval at the next township supervisors meeting.

Milewski said after the meeting that he had expected the insurance premium to jump about $10,000 per year, so an increase of about $4,000 is welcome news.

"I lucked out. I'm still behind $4,000, but $4,000 is something I can work into the budget," he said.

Workers replace stone arch in city with plastic pipe

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Workers from Mazzuca Enterprises Inc., Pottsville, replaced a stone arch on East Market Street in the city with plastic pipe Monday.

"We're going to put 80 feet of 48-inch diameter pipe to repair the arch to the existing culvert," Mike Gardner, a supervisor with the company, said at the scene.

The pipe comes in 20-foot sections.

"It's a total replacement of the stone arch," Joe Mazzuca Jr. a supervisor, said.

As of 3:10 p.m. Monday, the sections had yet to be put in place.

The stone arch gave way and was discovered about 7 p.m. Wednesday. Pottsville police notified the Schuylkill County Communications Center, who then told Dan Kelly, superintendent of streets for Pottsville. Timothy Yingling, executive director of the Greater Pottsville Area Sewer Authority, was also notified.

Attempts to solve the problem started at 7 a.m. Monday and will continue until later this week. The company will also pave the road.

The hole originally was about 5-feet-by-6-feet wide and about 6 to 7 feet deep, Kelly had said. The hole was much larger Monday.

A "road closed" sign and barricade sit in the street near the Sage Coffee House and Tea Garden, 26 N. Centre St. Orange netting and barricades blocked the hole for safety prior to the work.

In 2011, another 20-foot section was replaced with the black, plastic pipe by the company.

Yingling said the current work is being done under an emergency contract for time and materials. He did not have a cost Monday; however, he said the work done in 2011 cost $40,000.

"It's expensive work," he said.

Gardner said the job might be complete by Friday. Until it is, the road will remain closed.

Progress Avenue will also be closed during the day and will open during the evening. Gardner said the road will be closed starting about 7 a.m. and would reopen probably about 4 p.m. during the week.

A flatbed truck delivered the pipes after noon Monday. Men rolled them onto the parking lot of 111 E. Market St.

Kelly said the old stone arch is "well over 100 years old," and that the stone arches in the city are aging.

"With the heavy rains, it adds to the stress on the system," he said, adding when the water gets behind the stone it eventually causes a collapse.

Sunday night fire in Pottsville severaly damages 2 adjoining homes

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A late Sunday night fire in Pottsville severely damaged two adjoining homes, both unoccupied.

Fire Chief Todd March said crews were called to the homes at 421 and 423 Fairview St. about 11:30 p.m. and found heavy smoke and fire.

March said firefighters knocked down the majority of the fire that is believed to have originated in the 421 Fairview St. home in about 15 minutes and had the blaze completely under control in about 30 minutes.

The home at 421 Fairview St. is owned by Tareq Saba, 960 E. Linden St., Allentown, while the property at 423 Fairview St. is owned by Daniel and Bryan Brudnak, whose last address was 2320 Columbia St., Allentown.

March said the 423 Fairview St. property was in disrepair and in March had been posted by the city as a blighted building.

Although the property owned by Saba at 421 Fairview St. was unoccupied, March said people had been moving items in as late as Sunday afternoon, most likely in preparation of living there.

March said officials believe the fire was accidental, since it originated in the 421 Fairview St. home that was completely secured when firefighters arrived.

"The guys said they had to force their way into both the front and back doors of the home, both of which were secured with locks," March said, adding that he and assistant fire Chief William Dewald, a trained fire investigator, will conduct the investigation into the origin of the blaze.

The chief said several minor injuries were reported but he did not have details about how many people were hurt or the extent of those injuries.

All Pottsville fire companies responded to the scene along with Pottsville-Schuylkill Haven Area EMS.

Firefighters from Schuylkill Haven were called for their Rapid Intervention Team and several out-of-town companies were called to stand by at Pottsville fire stations, March said.

Friends of St. Kieran's can buy church and related buildings, but down have the month to bring them up to code

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HECKERSVILLE - The Friends of St. Kieran's have the money to buy the former St. Kieran Roman Catholic Church, which closed in 2008, but they don't have the approximate $1 million needed to bring it and other buildings at the site up to code in order to use them.

The parish was founded in 1857, Matt Kerr, communications director for the Roman Catholic Diocese of Allentown, said Monday.

Catherine Clifford, president of the nonprofit Friends, said the church was built in 1857-58.

The last Mass in the church was held July 12, 2008. The church closed three days later as a result of the consolidation of 47 parishes in the Diocese of Allentown. Of those 47 parishes, 32 were in Schuylkill County.

Ten members of the Friends met Monday at the Clover Fire Company, Heckscherville, to discuss what they can to do raise money for the project. Members have enough money to buy the property, Clifford said, but they need to find revenue sources to modernize it.

The diocese is willing to sell all four properties at the site - the church, school, rectory and the convent - and the land for $28,500, a figure Clifford said the diocese chose. All four buildings must be bought together, she added.

The diocese also has said what guidelines must be followed regarding the purchase, she said.

A decision has not been made to see if they want to get another opinion about the estimate of $1 million to bring the structures up go code.

An engineer in California donated services and arrived at an estimate just shy of $1 million, which includes the cost to buy the property from the diocese "anything that has to be done to bring the building up to code and usable," she said. The engineer donated services because of family ties to the area, she said.

Asbestos was found in all four properties, she said, adding she was not surprised. While asbestos was noticed on the pipes in the structures, it is not known if it is throughout the buildings, she said.

A breakdown for each building wasn't provided in the estimate, she said.

Kerr said he knew of no timeline regarding the purchase of the fourth buildings and the land.

"It's been five years, but I'm not aware of a deadline or anything like that," he said Monday. He also didn't know how the $28,500 figure was arrived at.

He said he is unaware if anyone from the diocese has spoken to the Friends group about the issue recently.

A building assessment done in 2009 and 2011 by Alfred Benesch & Co., Pottsville, found asbestos in all four buildings as well as codes and other issues that need to be addressed, according to a letter from the firm.

According to information via a letter provided by the Friends, "On one positive note the diocese will allow certain religious items to remain in the building. They are offering to lease to us for $1 per year, plus the cost of insuring these items at the value established by the diocese. Only one company was found that would insure both the buildings and the religious artifacts. The minimum premium starts at $25,000. They will not only have a high premium and high deductible but will have pre-insurance requirements prior to providing coverage on them. These requirements could include new roofs, new wiring, new heat, removal of asbestos and an alarm system in each ... building hooked up to the county 911 ..."

Clifford said what the group needs most is "people to volunteer and to come to our fundraisers."

Clifford said she will contact local legislators for funding sources.

For anyone who may wish to volunteer, the group's next meeting is at 7 p.m. Aug. 12 at the Clover Fire Company, Heckscherville. Interested people may also call 570-874-1166 or email www.friendsofstkierans.com for more info.

Donations may be sent to: Friends of St. Kieran's, 18 Spruce St., Ashland, PA 17921 or online at www.friendsofstkierans.com.

Around the Region

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n McAdoo: The borough is again holding its bicycle helmet safety program, Councilwoman Mary Labert announced. If borough police officers see a child riding his/her bicycle wearing a helmet, officers can stop the child and issue a "ticket" - for an iced tea or an orange drink at Boyer's Food Market. The program is meant to be encouragement and a reward for youngsters who follow the helmet rule, which is aimed at safety. It is also an opportunity for youngsters to meet and greet police officers.

n McAdoo: The borough's code department will do property maintenance sweeps in the community. Residents and property owners, according to officials, are required to keep their properties free of high grass and weeds, garbage, debris and household furnishings. Violators will be issued a warning with a time frame for cleanup. Repeat offenders and those who do not adhere to the warnings will be issued citations to appear before the magisterial district judge with possible fines attached.

n McAdoo: Borough residents who have metal items they no longer need can have them picked up by calling borough hall at 570-929-1182. Borough officials also are seeking letters from residents who may be interested in serving on the zoning hearing board. Correspondence can be sent to: Borough of McAdoo, 23 N. Hancock St., McAdoo, PA 18237, or hand-deliver between 9 a.m. and 5 p.m. Monday through Friday.

n Shenandoah: The Shenandoah Area Free Public Library, in conjunction with Schuylkill County's VISION, will offer a healthy Schuylkill summer program on Wednesdays, starting Wednesday and running through Aug. 7, for children 4 to 9 years old. VISION and the library will educate children and their families about healthful lifestyles. Participants will have an opportunity to learn how to balance healthy eating options, to eat a rainbow and to get the proper amount of physical activity each day. To register, call the library at 570-462-9829.

n Shenandoah: St. Michael Ukrainian Catholic Church, Chestnut and Oak streets, will hold an indoor yard sale from 8 a.m. to noon July 20 in the parish hall, 300 W. Oak St. Proceeds will benefit the church. Everyone is welcome. For more information, call the rectory at 570-462-0809.

n Sheppton: A community yard sale will be held for residents of Sheppton and Oneida beginning at 8 a.m. July 20. All households in the community are welcome to participate. There is no fee. Donation canisters will be placed in businesses around the villages and any funds collected will go toward this summer's community movie night. For more information, call Vicki at 570-384-3970. If there is no answer, leave a message.

n Tamaqua: The Tamaqua Anthracite Model Railroad Club meets from 6 to 8 p.m. weekly on Thursdays at its quarters on Nescopeck Street across from the Elks building. New members are welcome. For more information, call 570-467-2025.

n Tamaqua: The Tamaqua Area Faith Fellowship Network is continuing its back-to-school project that was initiated last year. The group is collecting school supplies as well as new or gently-used clothing items meeting the dress code policy of the Tamaqua Area School District. Last year, more than 180 students from 80 families were helped by the project, according to a release. Donated items may be taken to Zion Evangelical Lutheran Church, Mauch Chunk Street, from noon to 5 p.m. Mondays and Wednesdays and 8 a.m. to 1 p.m. Tuesdays and Thursdays. Items will be distributed in early August.

n Weston: The Weston Athletic Association will hold a car show and pig roast on July 20. Tickets for the pig roast may be obtained by calling Mary at 570-384-3511 or by contacting any association member. Anyone interested in volunteering at the event is asked to contact Mary Anne at 570-384-2375.

Deeds, July 09, 2013

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Deeds

Ashland - Tax Claim Bureau of Schuylkill County to John Lewis Meyer; 1133-1135 Walnut St.; $1,000.

Tax Claim Bureau of Schuylkill County to House Flex LLC; 29 Walnut St.; $11,000.

Tax Claim Bureau of Schuylkill County to House Flex LLC; 1529-1531 Walnut St.; $6,100.

Tax Claim Bureau of Schuylkill County to House Flex LLC; 1208 Pine St.; $3,200.

Blythe Township - Walter F. III and Sharon A. Kraus and Deborah A. Schwope to Deborah A. Schwope; 200 Market St., Cumbola; $17,500.

Branch Township - John and Diane M. Lenick to Edward and Amy D. Purcell; 1.4-acre property on Main Street; $1.

Branch Township - Mark Schwartz to Jordan S. Brown; 639 Pine Hill St.; $53,000.

Butler Township - 84 Financial LP to Sherman & Walton Inc.; .53-acre property on Township Route 940, Fountain Springs; $24,000.

84 Financial LP to Sherman & Walton Inc.; 1.22-acre property on Fairway Drive, Fountain Springs; $24,000.

84 Financial LP to Sherman & Walton Inc.; .54-acre property on Scenic Ave., Fountain Springs; $24,000.

Coaldale - Tax Claim Bureau of Schuylkill County to House Flex LLC; 234 E. High St.; $1,000.

Tax Claim Bureau of Schuylkill County to Joseph Sword; 4 E. High St.; $580.

Frackville - Tax Claim Bureau of Schuylkill County to Noreen O'Boyle; 136 S. Nice St.; $6,000.

Grace Mullecker, executrix for the Estate of Pauline Parrish, to Grace Mullecker; 228 S. Second St.; $1.

Gilberton - Tax Claim Bureau of Schuylkill County to Suzanne E. Perry; 2048 Main St.; $805.

Tax Claim Bureau of Schuylkill County to Suzanne E. Perry; 2400-2402 Main St.; $550.

Girardville - Tax Claim Bureau of Schuylkill County to Gerald and Elizabeth Nesvold; 18 Ogden St.; $3,000.

Tax Claim Bureau of Schuylkill County to Borough of Girardville; 227 E. Mahanoy Ave.; $100.

Gordon - David J. and Michelle L. Zaharick to David J. Zaharick; 315 E. Biddle St.; $1.

Mahanoy City - Tax Claim Bureau of Schuylkill County to Locust Valley Partners LLC; 512 E. Mahanoy Ave.; $700.

Tax Claim Bureau of Schuylkill County to Christopher G. Bolish; 717 E. South St.; $5,200.

McAdoo - Tax Claim Bureau of Schuylkill County to Bobbi Jo Smith; 222 Rear E. Washington St.; $4,000.

Minersville - Tax Claim Bureau of Schuylkill County to Joseph V. Sborz Jr.; 125 North St.; $4,000.

Tax Claim Bureau of Schuylkill County to Borough of Minersville; 150 Sunbury St.; $845.

Tax Claim Bureau of Schuylkill County to Daniel W. Morgan; 104 S. Third St.; $5,000.

Tax Claim Bureau of Schuylkill County to Sonia Santiago; 248 Oak St.; $3,350.

Tax Claim Bureau of Schuylkill County to Sonia Santiago; 234 Oak St.; $3,200.

Jeffrey A. Kline to Guerdy Jean; property on New Castle Road; $30,000.

Orwigsburg - Jane Saricks to Jane Saricks; 275 Gerald Ave.; $1.

Pine Grove - Tax Claim Bureau of Schuylkill County to Jay R. Spotts; 20 Mifflin St.; $10,000.

Pottsville - Tax Claim Bureau of Schuylkill County to House Flex LLC; 413 Adams St.; $670.

Evelyn Villafane to Melissa Goncalves; 1238 W. Norwegian St.; $14,500.

Harry F. Bertsch and Dean W. Bertsch to Jeffrey S. and Linda M. Zwiebel; 114 Mahantongo Drive; $115,000.

Robert and Dorothy Garland to Denise Garland Hannaway, Cheryl Muncy and David Garland; three properties; $1.

Saint Clair - Tax Claim Bureau of Schuylkill County to House Flex LLC; 134 N. Third St.; $3,500.

Tax Claim Bureau of Schuylkill County to Joshua Wasilus; 27 S. Third St.; $3,200.

Shenandoah - Richard A. Jr. and Patricia Christine Bennett to Patricia Christine Bennett; 115 N. Gilbert St.; $1.

Mario Hierro and Juan Rivera to Carlos R. Chancay and Carmen Cantos; 207 E. Lloyd St.; $10,000.

Washington Township - Edgewood Farms LP to Clair N. and Shirley D. Garman; three properties; $105,000.

Edgewood Farms LP to Clair N. and Shirley D. Garman; 5.4637-acre property on Farm View Road; $35,000.

West Brunswick Township - William W. Fetherolf and Glenn D. Kimmel Jr. and William C. Kimmel Jr.; 7.096-acre property on Hickory Drive; $20,000.

West Mahanoy Township - Tax Claim Bureau of Schuylkill County to Sonia Santiago; 260 Ohio Ave., Shenandoah Heights; $725.

West Penn Township - Tax Claim Bureau of Schuylkill County to Watermelon Realty LLC; property on Clamtown Road; $5,100.

Tax Claim Bureau of Schuylkill County to Watermelon Realty LLC; property on Clamtown Road; $4,000.

Tax Claim Bureau of Schuylkill County to Sonia Santiago; 21 Spirit Court; $5,000.

Jamie Schellhammer to Jamie and Kristine Schellhammer; 1768 West Penn Pike; $1.

Clarification, July 9, 2013

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Charity phone number

Anyone who wants more information about the effort by Katie Trapani to collect crutches that will be donated to Crutches4Kids may call 570-544-9625.


District court, July 9, 2013

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James R. Ferrier

ORWIGSBURG - A West Penn Township woman is headed to Schuylkill County Court to face charges stemming from a June incident where she allegedly hit a boy with a car and tried to strike two other people.

Jamie L. Bauder, 30, of 401 Winter Mountain Drive, Andreas, is charged with six counts of simple assault, four each of recklessly endangering another person and harassment and two of aggravated assault following the preliminary hearing.

Magisterial District Judge James R. Ferrier on June 25 ordered those charges held for court, although he dismissed four additional counts of aggravated assault.

West Penn Township police allege Bauder hit a 9-year-old boy with her care, tried to hit two other people with her car and punched a girl in the face at 12:15 p.m. June 7 on Winter Mountain Drive.

The victims included members of Bauder's family, police said.

Bauder remains in prison in lieu of $25,000 percentage bail pending further court action.

Other defendants whose cases Ferrier considered on June 25, the charges against them and the judge's dispositions of the matters included:

Jesse J. Dalton, 23, of 539 Old Lancaster Pike, Shillington; two counts of possession with intent to deliver a controlled substance and one each of conspiracy and criminal use of a communication facility; right to preliminary hearing waived, charges bound over for court.

Joseph R. Driscoll, 36, of 5248 Fair Haven Road, Clifton Heights; theft, conspiracy and false identification to law enforcement; charges held for court after preliminary hearing.

Kenneth G. Leymeister, 64, of Auburn; four counts of possession with intent to deliver a controlled substance and two each of possession of a controlled substance and criminal use of a communication facility; right to preliminary hearing waived, charges bound over for court.

Brian M. Maberry, 23, of 318 W. Adamsdale Road, Schuylkill Haven; delivery of a controlled substance, possession with intent to deliver a controlled substance and possession of drug paraphernalia; right to preliminary hearing waived, charges bound over for court.

Christopher Miller, 31, of 506 Valley St., Port Carbon; delivery of a controlled substance, possession with intent to deliver a controlled substance, possession of a controlled substance and possession of drug paraphernalia; right to preliminary hearing waived, charges bound over for court.

Devin M. Riegel, 22, of 235 N. Third St., Auburn; two counts of possession of a controlled substance; right to preliminary hearing waived, charges bound over for court.

Rachel A. Sarakas, 32, of 7 Oak Road, Schuylkill Haven; two counts of possession with intent to deliver a controlled substance and one each of conspiracy, possession of a controlled substance and criminal use of a communication facility; right to preliminary hearing waived, charges bound over for court.

Ashley R. Shellhammer, 26, of 61 Center Ave., Schuylkill Haven; three counts of possession with intent to deliver a controlled substance, two each of conspiracy and criminal use of a communication facility and one of possession of a controlled substance; right to preliminary hearing waived, charges bound over for court.

Ricky L. Smith, 19, of 403 Front St., Auburn; delivery of a controlled substance, possession with intent to deliver a controlled substance and possession of a controlled substance; right to preliminary hearing waived, charges bound over for court.

Patrick A. Strahan Sr., 36, of 102 N. Waverly St., Shillington; four counts of possession with intent to deliver a controlled substance, two each of conspiracy and criminal use of a communication facility and one of possession of a controlled substance; right to preliminary hearing waived, charges bound over for court.

Jason J. Sweeney, 32, of 856 Fairfax Road Apt. A, Drexel Hill; theft and conspiracy; charges held for court after preliminary hearing.

Fire victims one step closer to rebuilding home

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PORT CARBON - The Staller family, who lost their home at 231 Coal St. in a Nov. 28, 2012, fire, are a step closer to knocking down the remains of the duplex - their former home and the home next door where the fire started.

The Stallers' property is at 231 Coal St. In March, the borough council condemned the remains of the home next door, at 233 Coal St., owned by Dean Vermeersch, who is in Schuylkill County Prison on charges of running a hydroponic marijuana operation.

In December 2012, the Stallers hired Stellar Construction Co., Schnecksville, to gut the remains of their home.

Recently, the Vermeersch family gave the Stallers permission to tear the property down, according to Sandra Palokas, the borough secretary/treasurer.

At the borough council's July meeting Wednesday, members approved an agreement allowing Stellar Construction to also take down the remains of 233 Coal St.

"It states they have to take it down and they have to dispose of it properly and they have to have insurance," Palokas said.

The borough solicitor, William Burke, Shenandoah, was not at Wednesday's meeting.

Representatives of Stellar Construction must review and sign the document before work can begin, Palokas said.

Lamar E. and Katrina M. Staller, who have been residing in Pottsville since the blaze, were at council's meeting Wednesday.

"I'm hoping we can tear down the properties by next month," Lamar Staller said.

They're feeling a bit of deadline pressure, since Nationwide Insurance has only agreed to give them money for rent until November, a year from the fire. They are hoping to rebuild a new home by then.

Staller and his wife lived at 231 Coal St. with their daughter, Becky, 14, and six cats. The cats perished in the blaze.

The 2012 fire was ruled accidental, caused by an electrical circuit overload. It gutted both homes.

Borough police and the Schuylkill County Drug Task Force charged Vermeersch with running a hydroponic marijuana operation on the second floor of 233 Coal St. Vermeersch is incarcerated in lieu of $50,000 straight cash bail. A date for his trial has not been set.

Correction

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Name misspelled

Joseph Chickirda, a member of the Army, had the honor of sounding taps at the services at the Tomb of the Unknown Soldier on Memorial Day and also July 4. His name was misspelled in Days Gone By in Tuesday's edition.

Minersville taps CDBG funds for fight blight

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MINERSVILLE - The borough council rebudgeted Community Development Block Grant funding Tuesday night to continue to fight blight.

Borough Manager Joseph Bass asked the council to rebudget $23,488 out of the 2011 CDBG funds and $20,397 out of 2012 funds, a total of $63,885 to demolish 150 Sunbury St., 4648 Westwood St., and 420 Church St. The total includes about $20,000 left for demolition from 2010 funding.

Bass said that the borough received the deed for 150 Sunbury St. on Tuesday, 4648 Westwood St. "is owned by a gentleman out in Canada" and the borough already owns 420 Church St.

"I'm asking council to consider those budget revisions so we can move forward with demolition," Bass said.

He also said that the borough was closing out the 2009 CDBG application funding Tuesday night.

The council also approved motions to authorize an environmental review boroughwide to move the projects forward and to advertise for bid specifications for 150 Sunbury St.

In other business, the borough accepted the resignation of Albert T. Barnes as constable, effective July 12, 2013.

The reason given for Barnes' resignation is that he is moving out of the borough.

Barnes plans to continue working with the borough as he will still be the deputy constable in Branch Township.

District Court

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ORWIGSBURG - A Shenandoah man is headed for Schuylkill County Court following a preliminary hearing Tuesday on five charges stemming from a September 2012 traffic stop in Schuylkill Haven.

Teddy A. Gaston, 27, of 327 E. Lloyd St., must defend against two counts of possession with intent to deliver a controlled substance and one each of possession of a controlled substance, possession of drug paraphernalia and driving under the influence.

Magisterial District Judge James R. Ferrier ordered all charges held for court after Tuesday's hearing.

Schuylkill Haven borough police allege Gaston was DUI at 11:30 p.m. at a sobriety checkpoint at 312 Center Ave. in the borough.

Police said Gaston had the odor of burned marijuana, red glossy eyes and dilated pupils at the checkpoint, and failed two field sobriety tests.

After Gaston's car, a 2000 Honda Accord, was impounded, a search revealed five bundles of marijuana, 45 Roxicodone pills and a digital scale in it, according to police.

Gaston is free pending further court action after posting $2,500, or 10 percent of his $25,000 percentage bail.

Other defendants whose cases Ferrier considered on Tuesday, the charges against each one and the judge's dispositions of the matters included:

Jeffrey L. Petzold, 34, of 231 Orchard St., Auburn; criminal mischief; charge held for court after preliminary hearing.

Anthony H. Pudvah, 23, of 2472 Mahoning Drive West, Lehighton; possession of drug paraphernalia, failure to drive at a safe speed, careless driving, accident involving damage to unattended vehicle or property and failure to notify police of accident; right to preliminary hearing waived, possession of drug paraphernalia and failure to drive vehicle at a safe speed charges bound over for court, other charges withdrawn.

Christopher Reedy, 25, of 514 E. Main St., Schuylkill Haven; theft, unauthorized use of a motor vehicle and disorderly conduct; right to preliminary hearing waived, charges bound over for court.

Defendants whose cases Ferrier considered on July 2, the charges against each one and the judge's dispositions of those matters included:

Kathleen T. Dennis, 44, of 2829 Cedar St., Pueblo, Colo.; theft by deception, receiving stolen property and conspiracy; right to preliminary hearing waived, charges bound over for court.

Martin J. Donohue, 54, of 504 Blue Mountain Road, Schuylkill Haven; aggravated assault, terroristic threats, simple assault, recklessly endangering another person and harassment; right to preliminary hearing waived, recklessly endangering another person charge bound over for court, other charges withdrawn.

Daniel G. Gonzalez, 45, of 908 Long Run Road, Pine Grove; DUI, disregarding traffic lane, careless driving and accident involving damage to unattended vehicle or property; right to preliminary hearing waived, charges bound over for court.

George W. Huss Jr., 77, of 406 Moon Hill Drive, Schuylkill Haven; DUI and disregarding traffic lane; right to preliminary hearing waived, charges bound over for court.

Eric B. Miller, 39, of 154 Pennsylvania Ave., Schuylkill Haven; DUI, stop sign violation and driving under suspension; right to preliminary hearing waived, driving under suspension charge withdrawn, other charges bound over for court.

Mitchell N. Motko, 45, of 221 E. Union St., Schuylkill Haven; simple assault and harassment; right to preliminary hearing waived, charges bound over for court.

Amanda M. Sincavage, 36, of 254 Creek Drive, Auburn; DUI, disregarding traffic lane, following too closely and careless driving; right to preliminary hearing waived, DUI and disregarding traffic lane charges bound over for court, other charges withdrawn.

Michael L. Walb, 24, of 18 Thomaston Road, Pottsville; DUI and careless driving; right to preliminary hearing waived, charges bound over for court.

Police search for stolen iPhone

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CRESSONA - An iPhone 4 that was on display at Verizon Wireless in the Cressona Mall was taken between noon and 3:30 p.m. Tuesday.

State police at Schuylkill Haven said the black cellphone was on a display shelf near the front of the store.

Anyone with information is asked to call police at 570-739-1330.

Around the Region

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n Frackville: The fourth annual Senior Citizens Expo will be held from 10 a.m. to 1 p.m. today at center court in the Schuylkill Mall. Sponsored by state Sen. David G. Argall, R-29, the expo brings exhibitors from local, county and state agencies to let senior citizens, caregivers and others know what services are available. Admission is free and there will be door prizes. For more information, visit www.senatorargall.com or call 570-773-0891 or 877-327-4255.

n Lofty: In a release, Patrick J. "Porcupine Pat" McKinney, evironmental education coordinator with the Schuylkill Conservation District, said northern Schuylkill County has many vestiges of its coal mining past, including the Lofty Tunnel. Schuylkill On the Move, a project of Schuylkill County's VISION in cooperation with Diakon Social Services and the conservation district, will sponsor a free public walk to view the tunnel and beautiful natural scenery from 2 to 4:30 p.m. Sunday. There will be two meeting spots for the walk, the main one being the truck stopping site for maximum loads on Route 309 across from the McAdoo cogeneration plant and the second at the carpool lot of the Delano exit of Interstate 81 for carpool to the McAdoo location. All participants will then leave from the McAdoo location to the hike starting spot in the village of Lofty. The abandoned 1,100-foot-long Lofty Tunnel was completed in 1854 by the Catawissa Railroad, later the Reading Railroad. Concrete portals were added to the south and north entrances in 1913 and 1916, respectively. The south entrance features brick lining while the curved north entrance is lined with timber, McKinney said in the release. The tunnel was abandoned, and tracks removed, in the late 1970s when the formation of Conrail made the Catawissa Branch redundant. Participants should wear sturdy shoes for the three-mile moderate walk and bring snacks and water - as well as a camera to take photos. Schuylkill On the Move promotes health and wellness by walking and also fosters walkable communities, he said. For more information, contact McKinney via email at porcupinepat@yahoo.com or by calling 570-622-4124, ext. 113.

n Pottsville: The Nativity BVM High School Green Wave Marching Band will begin preparations for the upcoming fall marching season with three July music rehearsals beginning at 6 p.m. Thursday in the school's band room. Percussion will meet at 5:30 p.m. rehearsal nights. According to a release, the band currently includes 24 musicians. Other students who play a band instrument and attend Nativity or the feeder schools - St. Ambrose, Assumption BVM, St. Nicholas and Trinity Academy - are welcome. Additional students in grades 7 to 12 are welcome to be a part of the band front in the color guard or flag line. Band camp will begin Aug. 5, with rehearsals from 9 a.m. to noon Monday through Friday. For more information, contact Dale C. Schimpf at euphonium65@hotmail.com or call Nativity at 570-622-8110.

n Tamaqua: The Tamaqua Area School District Raider Band will hold summer rehearsals from 9 to 11 a.m. Tuesday and July 23. The rehearsals, according to a district press release, are for all instrumentalists. The annual Old and New Night is set for July 30. New band members will rehearse from 4 to 6 p.m. All instrumentalists and majorettes will rehearse from 6 to 8 p.m. Band camp will begin at 8 a.m. Aug. 5. All members must attend. Rehearsals will be held in the band room.

n Tamaqua: Tamaqua Area School District students participating in sports and/or any extracurricular activity, or who have a school parking permit, are subject to random drug and alcohol testing, as established in 2010, according to a district release. Random drug testing of nonparticipating students is also available if the district receives a parental request. Students must provide a signed parental consent form before participating. For the 2013-14 school year, initial registration/ testing will take place on July 31 in the athletic center locker rooms at the middle school. Male students may register from 8 to 10 a.m. and female students from 10 a.m. to noon. The makeup date will be 10 a.m. to noon Aug. 6. Any student who cannot attend on the dates provided should contact Mike Hromyak, athletic director, at 570-668-1901 or email mhromyak@tamaqua.k12.pa.us for other arrangements. Becoming part of the random selection process is necessary before participating in any activities, according to the release. More information also is available at the district website at www.tamaqua.k12.pa.us, under athletics.


Big Diamond owners sue Cass Township, supervisors

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by peter e. bortner

Charging they are the victims of a malicious campaign to put them out of business, the owners of Big Diamond Raceway have sued Cass Township and its supervisors.

Frederick and Krista Roehrig, Minersville, allege in their 26-page complaint that Michael Kulpcavage, James D. Thomas and John W. Walaitis have used intimidation and lies to undermine operations at the Forestville racetrack.

"The conduct described in this complaint ... was intended to oppress the plaintiffs," according to the complaint, which was filed Monday in Schuylkill County Court.

The Roehrigs and their company, Big Diamond Raceway LLC, asked for unspecified monetary damages in excess of $50,000, plus attorney fees, costs and punitive damages, and demanded a jury trial of the case.

This complaint marks another step in an ongoing dispute between the township and the Roehrigs, a squabble centering on Cass' amusement tax.

The Roehrigs filed a separate lawsuit Aug. 20, 2012, alleging that the township reneged on a 1984 agreement with them that the raceway would pay a 5 percent amusement tax. Cass had adopted the 10 percent amusement tax in 1983.

On March 29, 2012, the township adopted a new ordinance imposing a 10 percent tax on admission fees and requiring participants to pay the tax. On July 26, it adopted an amendment imposing the responsibility for payment of the tax on the owners and operators of the facility instead of the patrons.

In the current complaint, the Roehrigs allege:

- The supervisors doubled the amusement tax to 10 percent from 5 percent, even though state law prohibited such an increase, and tried to intimidate them into paying the increase without question. Intimidation tactics included an unprecedented decision to have Kulpcavage, with a police escort, hand a copy of the new ordinance to Krista Roehrig at the racetrack, increasing police presence at races and threatening to adopt an anti-noise ordinance, the complaint reads in part.

- Thomas libeled them by implying they have not paid the correct amount of taxes, spent money that should have gone to tax payments on other unspecified items and forced the township to monitor their business.

"Thomas deliberately intended to convey the impression that the plaintiffs are dishonest and untrustworthy," the complaint reads in part.

- The township has sent representatives to the racetrack without consent under the pretense of counting the number of people attending events. In actuality, the people watch the races and are trespassers, the Roehrigs allege.

"(They) do not even pretend to do their job correctly," according to the complaint.

- The township uses intimidation and aggressive law enforcement to reduce attendance and participation at races. Specifically, on May 4, 2012, the township disrupted the arrival of spectators and participants, according to the complaint.

"The defendants have intentionally, willfully, maliciously, unlawfully and tortuously interfered with and disrupted plaintiffs' (business)," the complaint reads in part.

- By trying to force Fritz Roehrig to submit to an oral deposition, the township is violating the Americans With Disabilities Act.

- By their actions, the township and its supervisors have violated their civil rights.

"The defendants' conduct ... is shocking to the sensibilities of a reasonable person," the complaint reads in part.

Lawsuit challenges Pennsylvania's gay marriage ban

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HARRISBURG - Civil rights lawyers said they filed the first known legal challenge Tuesday on behalf of 23 men, women and children seeking to overturn a state law effectively banning same-sex marriage in Pennsylvania, the only northeastern state that doesn't allow it or civil unions.

The lawsuit, filed in federal court in Harrisburg, also will ask a federal judge to prevent state officials from stopping gay couples from getting married. It names Gov. Tom Corbett, Attorney General Kathleen Kane and three other officials. The plaintiffs are one widow, 10 couples and one of the couples' two teenage daughters, and they include four couples who were legally married in other states but whose marriages go unrecognized by the state of Pennsylvania.

Pennsylvania would become the 14th state to legalize gay marriage if the lawsuit is successful. It also would force the state to recognize the legal marriages of all same-sex couples in other jurisdictions.

The plaintiffs, some of whom spoke during a news conference in the state Capitol after the lawsuit was filed, said their willingness to join was driven partly by a desire to have the same legal and financial protections afforded to opposite-sex couples, but mostly by the emotional satisfaction of seeking social justice.

"Everyone in our world recognizes us as a true family," said Deb Whitewood, 45, who lives in the Pittsburgh suburb of Bridgeville with her partner of 22 years, Susan Whitewood, and their three children. "We feel that it's time that the commonwealth of Pennsylvania did, too."

Another couple, Dara Raspberry and Helena Miller, who were cradling Miller's 6-week-old daughter, said they married in Connecticut before moving to Philadelphia to be closer to family but, Raspberry said, they were forced "to become unmarried and less of a family" under Pennsylvania law.

Isabel Rieser, the 21-year-old adopted daughter of plaintiffs Len Rieser and Fernando Chang-Muy of Philadelphia, said her two fathers should be able to marry after 32 years of commitment.

"Besides, I am so over being a child out of wedlock," Rieser joked. "I look forward to my parents finally getting married. I have so many ideas for their wedding: food, location, decorations."

The plaintiffs are represented by American Civil Liberties Union lawyers working with the Philadelphia law firm of Hangley, Aronchick, Segal, Pudlin and Schiller. They expect the suit could ultimately arrive with similar cases from other states at the U.S. Supreme Court, which has not ruled on the core question of whether it is unconstitutional to deny same-sex couples the right to marry.

Corbett's office would only say that it is reviewing the lawsuit. The attorney general's office, which typically defends challenges to state laws, had no immediate comment.

In the lawsuit, the plaintiffs said banning gay marriage satisfies no legitimate government or child welfare concerns of the state, since Pennsylvania judges routinely grant adoptions to same-sex couples that are viewed as in the best interest of the child.

"It serves only to disparage and injure lesbian and gay couples and their families," the lawsuit states.

For instance, the suit says, same-sex couples do not have access to a long list of legal and financial protections as do opposite-sex couples.

Those include an inheritance tax exemption for widows; an automatic power of attorney for spouses in health care decisions; damages and legal recourse under workers' compensation laws for a spouse; assistance programs for same-sex widows and widowers of military personnel and veterans; pension and survivor benefits for widows and widowers of public employees; Family Medical Leave Act provisions; and a spouse's Social Security retirement benefits.

The lawsuit, in the works since January, was not spurred by the U.S. Supreme Court's three-week-old decision striking down part of the federal government's anti-gay marriage law that applies only to legally married same-sex couples seeking benefits from the federal government.

But the ACLU's legal director in Pennsylvania, Witold J. Walczak, said the nation's changing laws and evolving public opinion made it the right time to challenge the law after 17 years on Pennsylvania's books.

U.S. Rep. Matt Cartwright, D-17, said many of the plaintiffs in the lawsuit have been together for decades and some are raising children together.

"The situations faced by these couples are similar to those faced by the thousands of same-sex couples in Pennsylvania who are being denied the basic rights that are afforded by marriage," Cartwright said. "I stand with these 23 Pennsylvanians."

Federal courts in California are so far the only ones that have said a state same-sex marriage ban violates the U.S. Constitution. But federal challenges are popping up in other states, including Nevada, Hawaii and Michigan. In the coming days and weeks, the ACLU plans to lodge same-sex marriage challenges in North Carolina and Virginia.

It is also pursuing same-sex marriage legislation in several other states and referenda in Oregon and Nevada in the coming years, ACLU lawyers said.

Same-sex marriage is legal, or soon will be, in 13 states and the District of Columbia, representing about 30 percent of the U.S. population. Every state except Pennsylvania in the northeastern United States allows same-sex marriage except New Jersey, which allows civil unions.

A 1996 Pennsylvania law defines marriage as a civil contract in which a man and a woman take each other as husband and wife and it says same-sex marriages, even if entered legally elsewhere, are void in Pennsylvania. State law does not allow civil unions.

In Pennsylvania, recent polls show a majority are in favor of gay marriage, even though bills to legalize gay marriage have gone nowhere in recent years in the Legislature. In 2012, the state voted for President Barack Obama, a Democrat who supports same-sex marriage, and in 2010 for Corbett, a Republican who supports a constitutional amendment to permanently ban it.

The 1996 law passed with overwhelming majorities in the state Legislature.

Norwegian Township man charged with sexually assaulting a minor

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A 28-year-old Norwegian Township man is free on bail after being arrested Tuesday charged with sexually assaulting a 15-year-old girl during a three-week period in 2011.

James M. Kervitis, 414 Minersville St., Box 4073, Seltzer, was charged with four felony counts of involuntary deviate sexual intercourse, two felony counts each of sexual assault and statutory sexual assault and one felony count of corruption of minors.

State police Trooper Mark Knock of the Schuylkill Haven station also charged Kervitis with four misdemeanor counts of indecent assault, two misdemeanor counts of indecent exposure and one misdemeanor count of corruption of minors.

Kervitis was arraigned by Magisterial District Judge James K. Reiley, Pottsville, and later released from Schuylkill County Prison after posting $50,000 bail.

Reiley also ordered that Kervitis must not have any contact with the victim and cannot leave Schuylkill County.

Knock charged Kervitis with incidents between July 20, 2011 and Aug. 10, 2011, in an area near the Frackville reservoir and also at his Norwegian Township home.

Knock said the incidents came to light in late April when Schuylkill County Children and Youth authorities reported two incidents of forced sexual intercourse involving a teenage girl who was visiting the area from out of state.

Knock said the first incident occurred when the girl and Kervitis were driving on back roads between the man's home and the Frackville reservoir. During the ride Knock said Kervitis stopped his truck, locked the doors and told the girl that they would not leave until she performed a sex act on him.

Kervitis then threatened the girl that he would tell her mother she did drugs, forced her to perform a sex act on him and then provided her marijuana.

In the second incident, Knock said the girl was seated on the back porch of the man's home where he again threatened to tell her mother she was doing drugs and forced her to perform a sex act on him.

On April 30, Kervitis was interviewed and denied the allegations but admitted to spending time with the teenager during the times in question.

Kervitis also admitted to taking the girl to the Frackville reservoir on an ATV to go swimming on occasion and also that he frequently uses marijuana, Knock said. Kervitis went on to say that while at the reservoir he provided the girl with marijuana and the two smoked it.

Knock said the man told him the teenager asked for hallucinogenic mushrooms to take home but that he refused to provide her with them.

In May, Knock said the girl was interviewed and asked if she consented to performing oral sex on Kervitis in exchange for drugs. The girl said that she thought it was implied that if she performed the sex act on Kervitis, he would give her the drugs, Knock said.

Reiley scheduled a preliminary hearing for Kervitis at 11 a.m. Tuesday before Magisterial District Judge David A. Plachko, Port Carbon, in whose jurisdiction the crimes occurred.

Criminal court, July 10, 2013

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A Dauphin County man is headed to state prison after being sentenced Monday in Schuylkill County Court on four charges stemming from a May 2010 incident in Gordon.

Brian C. Smith, 29, of Harrisburg, must spend 18 to 36 months in a state correctional institution, Judge Jacqueline L. Russell ruled.

Russell imposed the sentence after revoking Smith's probation and parole for the third time following his admission that he had violated both by failing a drug test and not completing his drug treatment.

Smith, formerly of Ashland, pleaded guilty on March 23, 2011, to burglary, criminal trespass, theft and receiving stolen property, with prosecutors withdrawing a second count of each crime. At that time, Russell sentenced Smith to serve six to 23 months in prison plus two years consecutive probation, pay costs, $50 to the Criminal Justice Enhancement Account and $5,000 restitution, perform 20 hours community service and submit a DNA sample to law enforcement authorities.

Butler Township police charged Smith with entering the home of his aunt at 510 Hobart St. on May 21, 2010, and stealing 12 rings.

Russell first revoked Smith's probation and parole on Aug. 3, 2012, and did so again on April 3.

In another Monday case, Russell revoked the parole of Michael J. Conches, 40, of Mount Carmel, and recommitted him to prison, where he could stay until 2017.

"His testimony was simply not credible," Russell said of Conches' efforts to explain his failures to report to his parole officer, pick up his mail and make payments on his costs and fines.

Conches originally pleaded guilty on Nov. 21, 2010, to driving under the influence. On Jan. 19, 2011, Russell placed him in the intermediate punishment program for five years and also sentenced him to pay costs, a $1,500 fine, $100 to the Substance Abuse Education Fund and a $50 CJEA payment.

Tamaqua police had alleged Conches was DUI on Feb. 1, 2010, in the borough.

However, Russell removed Conches from the program on Nov. 21, 2012, and sentenced him to serve 90 days to five years in prison.

Conches will be under the jurisdiction of state probation and parole officials, who will decide if he can leave prison before his maximum time elapses, Russell ruled.

Also on Monday, Judge Charles M. Miller revoked the probation of Joseph E. Boris III, 22, of Llewellyn, sentenced him to time served to 12 months in prison and berated him for his conduct.

"Get it in gear now. You're a man. Start acting like a man," Miller told Boris.

Boris originally pleaded no contest on Oct. 18, 2012, to criminal mischief, harassment and, on Nov. 19, sentenced him to spend 12 months on probation, pay costs, $50 in fines, a $50 bench warrant fee and $1,152.17 restitution, amounts he is still required to pay under the terms of Monday's sentence, and have no contact with his victim.

By pleading no contest, Boris did not admit committing the crimes but offered no defense to them, admitted prosecutors had enough evidence to prove him guilty beyond a reasonable doubt and agreed to be sentenced as if he had pleaded or been found guilty.

Pottsville police charged Boris with committing the crimes on March 18, 2011, in the city.

Boris admitted violating his probation by failing to report to his supervising officer, committing new crimes, using drugs, failing drug tests and not making payments on his costs, fines and restitution.

Miller was especially upset that Boris had not paid the restitution.

"There's no excuse for you not to get a job. Stay away from the marijuana," the judge told the defendant.

Corbett blames House Democrats for lack of transportation bill; lawmaker strikes back

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HARRISBURG - Fallout continues from the stalled effort to generate billions of dollars in new state revenue for road and bridge projects and mass transit.

Lamenting the loss of a construction season, Gov. Tom Corbett sought to blame House Democratic lawmakers Tuesday for the lack of a transportation funding bill.

The House should have passed a transportation bill on a bipartisan vote like the Senate, Corbett said at an event in Hershey. House Minority Leader Frank Dermody, D-33, Allegheny County, was wrong to tell his caucus members not to vote for it, he said.

"I truly believe the people of Pennsylvania are the losers in the transportation bill not passing the House," Corbett said.

Dermody said the governor is wrong to claim he told his caucus not to vote for the bill. He said the GOP-drafted bill before the chamber clearly didn't provide enough money to adequately tackle transportation problems, especially for mass transit.

"If we are going to vote on this, it has to be a (bill) that solves the problem." Dermody said.

Corbett set transportation funding, liquor store privatization and public pension reform as three legislative priorities he wanted enacted along with the state budget for fiscal 2013-14. A $28.3 billion budget bill was enacted but lawmakers were unable to close the deal on the three priorities.

The governor signed a batch of laws Tuesday to sell the former Serrenti Army Reserve Center in Scranton to Scranton School District, add 10 more counties to the human services block grant program, narrow the scope of the "Delaware loophole" that allows businesses to avoid paying the state Corporate Net Income tax and establish a new venture state tax credit to replenish funding for several technology development programs.

Concerning the unfinished transportation issue, a Senate-approved bill would generate up to $2.5 billion annually within five years by lifting the cap on a state wholesale tax on gasoline within three years and increase motorist fees and a surcharge for moving traffic violations. Of that amount, $510 million would go under the Senate bill to 36 mass transit agencies.

A bill approved by the House Transportation Committee would generate up to $2 billion for road and bridge work within five years by lifting the wholesale tax cap within five years. This bill would fund mass transit with a $1 increase in a tire tax, 3 percent vehicle lease fee hike and transfers of some fee revenue from the Motor License Fund.

House Democrats suggested levying a state severance tax on natural gas production to support mass transit.

Dermody said fee hikes alone won't sustain mass transit needs. GOP leaders were unable to make specific vote commitments despite having a large majority of 111 votes, he said.

The House faces a return to session soon in order to pass one remaining budget-related bill but Dermody said that won't provide enough time for a transportation agreement.

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