MAHANOY CITY - The borough council Tuesday approved a bid that will lead to the demolition of two vacant dilapidated homes in the near future.

Two bids were received for the demolition work at 416-418 W. Centre St., with the low bid of $18,700 offered by Northeast Industrial Services Corp., Shamokin.

The properties had been owned by Cristy Sacks, who recently transferred ownership to the borough in order to proceed with razing the buildings. From the Centre Street side, the vacant homes are in the middle of a block of row homes and show years of neglect and disrepair, but the back of the structures show them collapsing.

Steve Sisak, who lives next door at 420 W. Centre St., has been attending borough council meetings for at least three years to voice his concerns about the dangers of the properties. He attended Tuesday's meeting as usual.

"What's the update on the properties?" asked Sisak during the public portion.

"We're opening the bids tonight," said council President Patti Schnitzius.

"I talked to the (Schuylkill County) Tax Claim Bureau and the last date for anyone to object to the sale to the borough is July 15," borough solicitor Michael A. O'Pake said. "We should have the deeds in hand within a few days after that."

"We're anxious to see the (demolition) containers out there when they start tearing them down," said Sisak.

The bid from Northeast Industrial was accepted unanimously. As soon as the borough has the title to the properties, the company will be given permission to proceed with the demolition.

Resident Sarah Devine also addressed council, asking about an agenda item to vote on approval of disapproval of the repository sales of 11 properties, nine of which have offers from one buyer, Francis Devizia, White Mills. There were two other bidders for single properties.

"My question is if Ashland can reject 13 parcels for repository sale because of the purchaser, why can't Mahanoy City?" Devine asked.

She was referring to the action at Ashland council's June 12 meeting when 12 repository sale bids on 13 parcels were rejected. All properties were being purchased by one company.

"You're telling me that this man from White Mills, who is going to buy nine of them, is actually going to do something with them? I doubt it very much," said Devine.

Since O'Pake was unfamiliar with what transpired at the Ashland meeting, Devine gave him a copy of The Republican-Herald account of the meeting.

"Apparently, the purchaser had some code issues in Ashland, which would give them a basis to reject," O'Pake said.

O'Pake said that if Devizia has any code violations in the borough or other municipalities, the borough would have a basis to reject. O'Pake spoke with borough Manager Daniel Lynch before the meeting.

"Dan and I spoke about that little beforehand and we're going to be looking into it before we approve it," said O'Pake. "We don't know the answer to that right now, but we're going to see if there are any violations."

"We are looking into all these things beforehand, but if we can't find anything, we can't just reject them because we don't like what they're doing," Schnitzius said.

When it was time to vote on the repository sales, council approved the sales on the condition that there are no outstanding issues involving any of the bidders. If some problem is found, the approval on the respective properties will become a rejection.

by peter e. bortner

A three-judge state Superior Court panel has upheld the dismissal of a lawsuit filed by an inmate at State Correctional Institution/Frackville.

Dennis McKeithan's lawsuit is frivolous and does not deserve to be heard by a court, Judge Cheryl Lynn Allen wrote in a four-page opinion filed Tuesday in Pottsville.

"(McKeithan) failed to establish that his prison conditions constitute such 'patent and serious deprivations' to establish cruel and unusual punishment," Allen wrote.

By so ruling, the panel upheld county Judge Cyrus Palmer Dolbin's dismissal of the lawsuit on Oct. 4, 2012, only two days after McKeithan had filed it.

McKeithan, 59, of Philadelphia, had alleged that four prison officials had violated his rights by harassing him and isolating him from the general prison population.

Dolbin ruled that such claims relate to prison housing and are within the jurisdiction of prison authorities.

Allen wrote that McKeithan did not show he had raised his claims with prison authorities or an administrative agency. Therefore, he must show that the treatment constitutes cruel and unusual punishment, and no evidence exists to show that, Allen wrote.

"(Dolbin) did not err in dismissing (McKeithan's petition," according to Allen.

Judge Jack A. Panella and Senior Judge Robert E. Colville, the other panel members, joined in Allen's opinion.

FRACKVILLE - Today six contestants will remain in the hunt for the title of Schuylkill County Idol 2013 after ten contestants worked in performances Tuesday evening to impress the audience and the judges with their talent.

Last week the 11th Schuylkill County Idol, for performers 16 to 30, kicked off at the Schuylkill Mall.

Autumn Maurer, 19, of Frackville; Rich Harper, 20, of Cumbola; Tiff Maley, 20, of Frackville; Suk Casey Fung, 18, Pottsville; Justine Ellis; 19, of Pottsville; Ryan Wilkinson, 28, of Pottsville; Cody Wiley, 23, of Pottsville; Dynasia Irving, 17, of Shenandoah; Jacob Tarconish, 18, of Barnesville; and Dana Randall, 21, Girardville sang during Tuesday's. Each sang one tune and participate in a duet round.

Tarconish was the first contestant of the evening to perform. He sang "Viva La Vida" by Coldplay. Later, he performed in a duet with Ellis that the judges said was believable.

"I want to make you feel wanted," Wiley sang as he played the song "Wanted" by Hunter Hayes on his guitar, sitting in a chair.

A female in the audience remarked, "That was awesome," in reference to Wiley's performance.

The judges seemed to agree. "I thought that was outstanding. I really enjoyed it," judge Jeff Buchanan said.

"Your self expression was very evident," judge Allison Stella added.

Kim Russell Seibert, another judge, said, "The delivery was very, very real."

Contestants were judged on stage presence, technical ability, showmanship and overall performance.

The six contestants the remain will be announced at 3 p.m. today on the Schuylkill Mall website, www.shopschuylkillmall.com.

They will then compete at 6 p.m July 16 at the mall's center court. They will each then sing three songs, two of their choosing and one from top Billboard hits, Elaine Maneval, mall manager, said.

Then at 3 p.m. July 17, the three contestant that remain will be announced on the website and they will perform at 6 p.m. July 23. A winner will be named at the end of the night.

There is no judging of the contestants by fans this year - a new twist for the idol contest.

In the past judges selected the contestants from the first round to advance to the next round. That has not changed. Then, the determination of who advance was the result of the judges' scores and votes from fans who were allowed to vote at the mall once a day.

Maneval explained the reason for the change.

"We received voter and contestant feedback that contestants who did not live in a fairly close proximity to the mall were at a disadvantage as it was challenging for family and friends to get here daily to vote for them and it is a singing competition, and the best people to truly judge who the best vocalist is would be our judges, who have vocal training."

She said it was not a decision made without consideration.

"It's a situation that we've been looking at and evaluating each year and we looked at opportunities to perhaps counter that challenge such as online voting, telephone (voting). We haven't been able to get comfortable that any other method would guarantee only one vote per person other than in person," Maneval said.

Voting via Facebook could be possible in the future, she said. The current decision will stay in effect, she said, adding the mall has received no negative comments about the change.

If that change in policy troubled the audience, it wasn't apparent as fans were responsive to the singers by clapping during the evening.

Harper sang "Zoot Suit Riot" by Cherry Poppin Daddies. He moved his head back and forth many times, his brown hair moving as he did.

"You've got something. But what it is I have no idea," said Buchanan.

Maurer also seemed to impress the audience. She said "Girl is on Fire" by Alicia Keys.

"You put a lot of fire into that song," Seibert said.

After a break, each contestant did a duet with someone of their choosing.

Tarconish and Ellis appeared to have natural chemistry during their moment in the spotlight.

Tarconish looked at Ellis while she was singing and even walked over at one point and touched her shoulder and her hand.

When they were done the audience applauded loudly. The judges were also impressed.

"The interaction between the two of your was very good, " Buchannan said.

Fung and Irving didn't need music to sing their duet, "No one" by Alicia Keys.

Pauline Jaskierski, 73, and Gail Berger, 70, both of Frackville, have been in the audience every year for the idol competition. The said they enjoy the talent.

"It just fascinates me the talent that these kids have," Jaskierski said.

by peter e. bortner

Daniel W. Dull is headed to state prison after admitting Tuesday in Schuylkill County Court that he participated in the killing of an Orwigsburg man who was tied to a tree in South Manheim Township.

Dull, 26, of Orwigsburg, must serve three to six years in a state correctional institution, plus an additional four years on probation, for charges resulting from the death of Bryan R. Smith, Judge Charles M. Miller ruled.

"One has a duty to stand up and ... do the right thing," Miller said before imposing the sentence, which was part of the plea agreement between prosecutors and Dull.

Under the terms of his plea agreement, Dull, who already has testified against his co-defendant, Keith A. Reber, pleaded guilty to involuntary manslaughter and conspiracy, while prosecutors withdrew charges of aggravated assault, kidnapping, unlawful restraint, recklessly endangering another person and simple assault.

State police at Schuylkill Haven charged Reber and Dull with taking Smith, 26, from the Schuylkill Haven home of Reber's girlfriend, Lisa Keller, to Reber's residence at 294 Meadow Drive, in the early morning hours of May 28, 2012.

Once there, police said, Reber and Dull took Smith behind the house to a wooded area, where Reber used military-style flex-ties to bind Smith to a tree about 3 a.m. and left him there. Reber returned about 11 p.m. to find Smith had died, according to police.

After a four-day trial at which Dull testified for the prosecution, a jury of eight women and four men convicted Reber, 49, of Schuylkill Haven, on June 27 of involuntary manslaughter, kidnapping, conspiracy, recklessly endangering another person and tampering with evidence, while acquitting him of first-, second- and third-degree murder, aggravated assault, unlawful restraint and two counts of simple assault.

Miller, who presided over that trial, is scheduled to sentence Reber at 1:30 p.m. Aug. 1.

Dull, who walked into the courtroom wearing leg shackles, handcuffs and a belt, said little during Tuesday's hearing except to indicate that he understood his plea and that it was voluntary.

However, his mother, Margaret Gradwell, wept while she told Miller that her son is not a terrible person, in spite of what happened to Smith.

"Ever since Dan was a young boy, he was a caring and loving person," she said. "He's too trusting."

Reber should bear the blame for Smith's death, Gradwell said.

"My son was put in the middle of something over which he had no control," she said. "He will live with regret for the rest of his life."

After the hearing, Assistant Public Defender Christopher W. Hobbs, Dull's lawyer, declined to comment on the case.

On the other hand, Assistant District Attorney Michael A. O'Pake, who prosecuted the case along with Assistant District Attorney Rebecca A. Elo, said the plea agreement with, and the sentence imposed upon, Dull were appropriate because of the help he provided in the case.

"Our office felt that it was an appropriate sentence based upon the cooperation of Mr. Dull," O'Pake said. "Mr. Reber was more culpable and more aggressive than Mr. Dull."

In addition to the prison term and consecutive probation, Miller sentenced Dull to pay costs, $50 to the Criminal Justice Enhancement Account and $10,264.70 restitution, and submit a DNA sample to law enforcement authorities.Defendant: Daniel W. Dull

Age: 26

Residence: Orwigsburg

Crimes committed: Involuntary manslaughter and conspiracy

Prison sentence: Three to six years in a state correctional institution, plus an additional four years on probation

Sheetz is gearing up to expand its store in Pottsville, according to a notice the administrators of the business's website sent to subscribers Monday.

"Improvements you can look forward to" include a red brick exterior, outdoor seating, an expanded kitchen area, more beverage coolers and larger bathrooms, according to the notice.

Sheetz hired Mingle Contracting Inc., Martinsburg, Blair County, as the general contractor on the $365,000 job, Donald J. Chescavage, city code enforcement officer, said Tuesday.

Mingle Contracting will be able to start the work once the firm pays the city a business privilege tax, Chescavage said. The tax is 3 1/2 mills, or $3.50 per $1,000 of the cost of the project, Leo Schwartz, the city business privilege tax administrator, said Tuesday.

"Other than the business tax, they paid for everything else," Chescavage said.

Sheetz established Store No. 258 on the Gordon Nagle Trail, Pottsville, in 1998, according to the online Schuylkill Parcel Locator. In October and November 2012, Sheetz installed new gas pumps at the site.

Sheetz will expand the convenience store from 4,207 to 5,681 square feet, according to the plans on file in city hall.

At the store on Tuesday, there were indications work was about to begin.

A temporary fence had been erected blocking off a section on the north side of the building. A sign was also hanging from the rafters of the roof above the gas pumps: "We are open. Building a better store for you."

The store will not close during the reconstruction, Monica Jones, public relations manager for Sheetz, based in Altoona, said previously.

Jones could not be reached for comment Monday or Tuesday.

Sheetz is in the process of remodeling several of its stores. It runs more than 440 across six states: Pennsylvania, Maryland, Virginia, West Virginia, Ohio and North Carolina,

The proposed additions will be to the east and west sides and northwest and southwest corners of the building, according to Chescavage.

Firms that worked on the project included Hayes Large Architects, Harrisburg, and Keller Engineers Inc., Hollidaysburg.

Inside, there will be new bathrooms, counters, cash registers and decor that will make customers feel they're in a new store, Jones said previously, adding that outside, , there will be a new building facade and picnic seating.

The expansion will also provide the space for an expanded food and beverage menu including the signature MTO line of fresh made foods and MTGo! and Shweetz Bakery lines of freshly made sandwiches, wraps, donuts and muffins, Jones said previously.

Carol A. Pankake

TREMONT - A Hegins man is headed to Schuylkill County Court after waiving his right to a preliminary hearing Thursday on charges that he hit two people with a car in June in Porter Township.

Steve A. Lucas, 41, of 522 E. Main St. Apt. 10, faces two counts each of aggravated assault, simple assault, recklessly endangering another person and harassment and one each of driving without a license, careless driving and reckless driving.

Magisterial District Judge Carol A. Pankake bound over those charges for the county court. Prosecutors withdrew four additional counts of harassment.

State police at Schuylkill Haven charged Lucas with committing the assaults just after 8 p.m. June 21 in Good Spring.

Police said Lucas got into a 2013 Toyota Scion, revved the engine and spun out the tires before intentionally ramming James Madenford, 49, and Aaron Spell, 33, both of Tremont, who were standing nearby.

Madenford and Spell were tossed into the air and against the home at 2002 E. Center St. before Lucas tried to hit them again, according to police.

Pending further court action, Lucas remains in prison in lieu of $25,000 straight cash bail.

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

Nicholas J. Hamm, 30, of 730 Mountain Road, Pine Grove; possession with intent to deliver a controlled substance, possession of a controlled substance, possession of drug paraphernalia, endangering the welfare of children, fleeing or eluding police, driving unregistered vehicle, allowing illegal use of plate or card and operating vehicle without required financial responsibility; right to preliminary hearing waived, charges bound over for court.

Meredith L. Michaels, 43, of 217 Walnut St., Williamstown; possession of a controlled substance, possession of a small amount of marijuana, possession of drug paraphernalia, driving under the influence, disregarding traffic lane, failure to drive at a safe speed, careless driving, violation of restrictions on alcoholic beverages and seat belt violation; right to preliminary hearing waived, charges bound over for court.

Helen E. Viteritto, 52, of 300 Lewis St. Apt. 303, Minersville; DUI and disregarding traffic lane; right to preliminary hearing waived, charges bound over for court.

SAINT CLAIR - The Home Depot in Coal Creek Commerce Center will be holding a block party today to give back to the community.

Ron Campbell, lead generator at Home Depot, said the free event will be from 10 a.m. to 2 p.m. in the parking lot.

"This is the first time our store is holding a block party; however, we do community outreach events every weekend," Campbell said. "Those events range from DIY workshops to kids craft corners. At the Home Depot, we strive to give back to our community."

Campbell said that the store invited local vendors, crafters and bakers to take part in the event.

"We will have fun, food, a children's workshop, fire engines, face painting and much more for the entire family to enjoy," he said.

At least a dozen different vendors will attend including Tupperware, Scentsy and Avon.

There will also be a motorcycle group that rides for the ASPCA and a children's workshop where they will be able to build fire trucks, bird houses, bird feeders and more.

For more information about events at the Home Depot, visit the store's Facebook page at "St. Clair Home Depot."

The county is investigating the suspected theft of an undisclosed amount of money from the City of Pottsville's Tax Office, Schuylkill County District Attorney Karen Byrnes-Noon said Friday.

"It is under investigation by Detective Martin Heckman," Byrnes-Noon said.

Meanwhile, before its regular meeting at 6:30 p.m. Monday, the city council fired an employee from the tax office at an executive session behind closed doors, according to Julie D. Rescorla, city clerk.

"Yes, in executive session. It was an executive session item," Rescorla said Friday.

When asked if the council was required to vote on that matter in public, Rescorla said, "No, we don't have to do that in public."

When asked for further information about who was fired, Rescorla would not comment, saying it was a personnel matter.

Melissa Bevan Melewsky, media law counsel for the Pennsylvania NewsMedia Association, Harrisburg, said Friday that the council's actions may not comply with the Pennsylvania Sunshine Law.

"The Sunshine Act requires hiring and firing employees - official action - to occur at a properly advertised, public meeting and official action can only take place after there has been an opportunity for public comment. The law allows, but does not require, city council to discuss certain personnel matters during a private executive session but the law never allows official action - vote - to occur privately. All votes must happen at a public meeting after the public has had an opportunity to comment," Melewsky said.

"At a minimum, city council is required to publicly announce the name of the employee and the proposed action prior to the vote so that the public can comment on the matter. City council is not required to announce a specific reason for the termination but they do have to tell the public who is being terminated. It is also worth noting that termination letters, termination agreements and public employee's length of service, final salary and benefits information are public records pursuant to the Right to Know Law," Melewsky said.

On Friday, The Republican-Herald submitted a state Office of Open Records right-to-know request on the matter to Rescorla, City Administrator Thomas A. Palamar and City Treasurer Ellen Micka.

Neither Palamar nor city solicitor Thomas J. "Tim" Pellish returned calls for comment Friday.

Representatives of Pottsville AFSCME Union 2835, the union which represents the city's tax office, could not be reached for comment Friday.

GIRARDVILLE - Residents of Girardville will soon get a notice reminding them about the prohibition against outdoor burning and the requirements of obtaining occupancy and building permits.

Councilman Joseph Chiaretti explained the notice distribution at Thursday's borough council meeting during his Streets Committee report.

"I propose that we prepare a letter that would be attached to everyone's front door in Girardville that basically says that there is a no-burning ordinance," Chiaretti said. "This includes trash, shrubs, wood, etc. Failure to comply will result in a fine and/or imprisonment. This notice is from our fire chief (Frank J. Zangari)."

"On the no-burn ordinance, it has been in effect since 1968 and was updated in 1990," council President Charles Marquardt said. "The fine is up to $1,000 if you're caught, plus the cost of prosecution. In default of payment, a person can be committed to prison for no more than 30 days. Just want the public to know that there is no burning."

The second part of the notice involves the need to receive an occupancy permit before individual or families move into a property. All buildings must be inspected up to 30 days prior to occupancy. Failure to comply will result in a $300 fine paid by the owner of the property. This applies to apartments and single-occupancy homes.

"This has come about because we have been getting calls from people who see people moving in next door into a vacant home that has no water, no satisfactory electrical service and it's a shame," Chiaretti said. "So, we're going to make sure that everybody knows that there needs to be occupancy permits."

The third item on the notice is the borough's requirement for building permits, along with the telephone number of the borough's permit officer, Ann Souchek, at 570-276-1662. The notice also states that the borough is not responsible for making sure that the property owner has met any county and/or state requirements.

Chiaretti also read a longer notice written by Souchek on the building permit requirements. She wrote:

"If you are planning on doing any home improvements, and that includes putting up a pool, shed, deck, garage, etc., you must obtain a building permit before any of the work is started."

Soucheck has a full-time job other than her permit enforcement duties, explaining that people can call her after 4 p.m. or leave a message and she will return the call if they have any questions on what types of work require permits.

Souchek wrote, "People should be aware that if you do not call to obtain any permits that you may need, there will be action taken against them. The cost of not getting a permit can wind up costing you triple the amount of your original permit."

Chiaretti requested that 600 notices be printed. He offered to help distribute the notices with borough employees and summer help.

"We have had a tremendous amount of feedback from homeowners who have started all kinds of projects without permits," Chiaretti said. "Ann is doing an outstanding job. We've had more permits issued because she has basically been following up on these things."

The council approved Chiaretti's request to have the notices created at a professional printer.

BARNESVILLE - A vehicle stop Friday by police in Delaware led to the discovery of a methamphetamine lab in a Rush Township home.

Township police Sgt. Duane Frederick said his department was notified just after 5 p.m. about a possible meth lab at 11 Forest Lane.

Frederick said that earlier in the day, police in New Castle, Del., stopped a vehicle driven by Ryan R. Oakes-Janeiro, 22, who lives at the Forest Lane home with a relative.

Also inside the vehicle was Ashley M. Hoppes, 20, of 571 State Road, Barnesville, Frederick said.

Frederick said Oakes-Janiero gave the Delaware officers permission to search his vehicle and they found a mobile meth lab inside, along with a "decent amount" of heroin.

During an interview, Oakes-Janiero told police in Delaware that he started making the drug at his home in Pennsylvania, Frederick said.

Delaware authorities then contacted Rush Township police and officers went to the home and were given consent to search the property by the Oakes-Janeiro's relative, who is the property owner.

Frederick said police found an "active" meth lab in the basement of the home that was "non-operational" at the time. Officers learned that Oakes-Janiero was the only person who used the basement part of the home where the lab was discovered.

An agent with the Schuylkill County Drug Task Force said that among the items found were batteries, Coleman camping stove fuel, aluminum, peroxide and empty Sudafed boxes, all items consistent with the manufacture of methamphetamine.

"Just about everything needed to produce the meth was here," he said.

In Delaware, Frederick said both Oakes-Janiero and Hoppes are facing drug charges and will also be facing possession with intent to manufacture a controlled substance and related offenses for the lab at 11 Forest Lane.

Frederick said the investigation is continuing and charges against both Hoppes and Oakes-Janiero will be filed soon.

Police from Ryan Township assisting at the scene.

by peter e. bortner

After 11 years, Schuylkill County detectives this week caught a Tamaqua man who did not appear in court in 2002 for a probation revocation hearing in two cases.

Christopher S. Gerlek, 39, had been wanted since May 29, 2002, when Judge Cyrus Palmer Dolbin issued a bench warrant for him when he failed to appear for a hearing the day before.

"He was missing for about 11 years," Assistant District Attorney Robert M. Reedy said at Friday's hearing after Gerlek surrendered to county detectives.

Judge Jacqueline L. Russell set Gerlek's total unsecured bail at $2,000.

"I've been trying to be good," a weeping Gerlek told Russell. "I never even knew it until two days ago. I want this done. I didn't do this on purpose."

Gerlek said he had been in Tamaqua most of the last 11 years, although he did spend some time in Stroudsburg. He said he has had no legal trouble for those 11 years and is disabled.

"I've been sober for over 12 years," Gerlek said.

However, Chief County Detective Dennis Clark said after Friday's hearing that gerlek did nothing about his cases for years.

"He was aware ... of the charges," Clark said. "We don't know where he was."

Clark also said Gerlek did not turn himself in until after detectives had started to look for him.

"We received a tip on our tip line," he said.

Reedy said the district attorney's office would determine before the end of the month whether to continue proceeding against Gerlek.

Gerlek originally pleaded guilty on Dec. 27, 2000, to corruption of minors and selling or furnishing liquor to minors in one case and corruption of minors in the second. Dolbin accepted Gerlek's plea and sentenced him to serve 23 months on probation and pay costs.

Prosecutors had charged Gerlek with corruption and selling or furnishing liquor on July 4, 2000, and corruption on July 29, 2000.

DIMOCK - A natural gas well in Dimock Township that is a focus of a state investigation into leaking methane has been deemed "unviable" and will be plugged after the investigation is finished, a Department of Environmental Protection spokeswoman said Friday.

Regulators have been studying the source of methane in two water wells in the Susquehanna County community since February, when the water for one home became turbid and saturated with gas.

A spokesman for Cabot Oil and Gas Corp., the primary Marcellus Shale operator in the surrounding area, said in February that the problem appeared to be "a small and localized event" associated with a methane vent line that had frozen on the gas well during cold weather.

Regulators said the frozen vent helped them to identify the suspect gas well - Cabot's Costello 1 - but they concluded that opening the vent is "not the answer to the problem." Instead, during months of remediation on the well - one of the first vertical Marcellus wells drilled in the township - regulators determined that the well is "unviable" and will have to be plugged, DEP spokeswoman Colleen Connolly said.

"We know you can't use this well," she said.

DEP has not identified the precise source of the problem and has not determined whether the gas well is to blame for the methane in the two water supplies, Connolly said.

"We're still looking into, is there a problem with the casings, was it drilled improperly?" she said. The well will not be plugged until after the investigation is complete, she said.

Cabot has voluntarily provided drinking water to one home and the other has a treatment system, she said.

Cabot spokesman George Stark said in an emailed statement, "We continue to work in conjunction with the DEP to fully investigate and resolve this matter. All options are on the table as we work in partnership with the department."

The gas and water wells being studied by DEP are in the same corner of Dimock where Cabot is still barred from drilling new shale wells because a past investigation found the company's operations allowed methane to seep into 18 water supplies. The company is working to meet the terms of a 2010 DEP enforcement order in that case to bring an end to the ban.

The state eased some of its restrictions on Cabot's operations in the area last August and allowed seven previously drilled wells to be hydraulically fractured, or fracked.

Some of those wells are also being evaluated as part of the ongoing investigation, Connolly said, but the focus has narrowed to the Costello well.

A 15-year-old Pottsville boy charged along with his brother in connection with an armed robbery in Pottsville on March 31 waived his right to a preliminary hearing Friday morning.

Unique Tyair Myers, 715 W. Norwegian St., was arrested by Pottsville police Patrolman Brian Reno and charged with robbery, conspiracy, theft by unlawful taking, receiving stolen property, simple assault, recklessly endangering another person and criminal mischief.

Myers' hearing was scheduled to be heard by Magisterial District Judge James K. Reiley, Pottsville, after a Schuylkill County Judge ordered that the teen be tried as an adult.

In connection with the same crime Myers' brother, Shayne Calloway, 19, of Sinking Spring, waived his right to a hearing in April on charges of robbery, theft by unlawful taking, receiving stolen property, simple assault, recklessly endangering another person, criminal mischief and firearms not to be carried without a license.

Myers was returned to a juvenile detention center in Lehigh County where he is being held on $50,000 straight cash bail after a motion to reduce that figure was denied by Reiley. Calloway remains in Schuylkill County awaiting further court action.

Reno charged the brothers for the robbery that occurred about 11:30 p.m. in the area of West Race and Downing streets.

It was there Reno said James Dietrich, Pottsville, reported being robbed of his cellular telephone and house keys by two men, one armed with a gun and the other a knife.

Dietrich provided a description of the men and officers learned from a neighbor in the area that a man, later identified as Calloway, entered an apartment building at 127 N. Centre St., Reno said.

The officer said the victim was able to positively identify Calloway as the person who pointed a gun in his face during the robbery.

Reno said officers recovered a 38 caliber revolver that Calloway had hidden inside the apartment at 217 N. Centre St. and also found Deitrich's cellphone that had been discarded across the street from the apartment.

When taken into custody and interviewed police said Calloway admitted that he had used the handgun to rob the 19-year-old man.

The investigation led to Myers as being the assailant with the knife.

Reno said while Calloway was holding the gun to Dietrich's head Myers reached around him with the knife putting the man in fear for his life.

When interviewed in the presence of his father in late April Reno said Myers confessed to his involvement in the crime and detailed how he and Calloway robbed Dietrich.

City man charged

with assault

A 26-year-old Pottsville man was jailed Wednesday after being arrested by Pottsville police and charged with sexually abusing a 12-year-old girl.

Police said Sean Spotts, 800-38 N. Second St., was arraigned on charges of felony sexual abuse of children and misdemeanor offenses of indecent assault and indecent exposure.

He was then committed to Schuylkill County Prison unable to post $50,000 straight cash bail.

Police said the charges are the result of an investigation that determined Spotts enticed the girl to pose for inappropriate photographs he took of her with his cellphone while the two were incident his residence.

After taking the pictures, police said Spotts exposed himself to the girl and had inappropriate contact with her.

The investigation into the incidents is continuing, police said.

Coaldale man

injured in crash

NEW RINGGOLD - A 27-year-old Coaldale man suffered moderate injuries when the 2002 GMC Yukon he was driving crashed on East Railroad Street about 6:15 a.m. Thursday.

State police at Frackville said Braemar O. Parrish was driving south when he went off the road and struck a utility pole.

The vehicle continued back across both lanes and struck a guiderail and came to a stop facing southwest, police said.

Police said Parrish was flown to Lehigh Valley Hospital, Cedar-Crest for evaluation of his injuries and that he will be cited as a result of the crash.

New Ringgold and Orwigsburg firefighters and New Ringgold EMS and Pottsville-Schuylkill Haven Area EMS units assisted at the scene.

Police probe

stolen food, beer

CRESSONA - State police at Schuylkill Haven are investigating a theft that occurred at 12 Zerbe St. between 1:15 and 9:30 a.m. Monday.

Police said Frank Zurat reported someone stolen several items of food and 15 cans of beer from his refrigerator and fled the area.

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

Boy faces

assault charges

MAR LIN - A 16-year-old Pottsville boy is facing felony aggravated assault charges after an incident on Maple Avenue, at Third Street in Norwegian Township, about 1 p.m. July 2.

Police said the boy walked out of the Schuylkill Intermediate Unit 29 and proceeded to the intersection where he was physically restrained for his own safety by Carl A. Stine, 39, of Ringtown, an employee at the IU.

The teen then grabbed Stine's shirt near the collar with his right hand and tried to choke, bite and kick Stine during a struggle that ensued on the road.

As a result of the struggle Stine suffered injuries to both his knees and his left elbow, police said.

Police: Bales

set on fire

SAINT CLAIR - State police at Frackville are investigating a criminal mischief incident that occurred about 9 p.m. Wednesday along the Burma Road, about 1 1/2 miles north of Saint Clair in Blythe Township.

Police said someone set fire to 44 bales of mulch that were on a flatbed trailer causing damage to both the mulch and the deck of the trailer before fleeing.

Anyone with information is asked to call police at 570-874-5300.

PINE GROVE - Bald eagles call Sweet Arrow Lake their home and for the first time in recent memory, two babies have hatched there.

"I've been here for 30 years and we've been monitoring the birds here. This is absolutely the first time we've had an eagle's nest here," Denise Donmoyer, president of the Sweet Arrow Lake Conservation Association, said Thursday.

A pair of young bald eagles have frequented the area for about three years and this year decided to build a nest, according to Donmoyer and Bob Evanchalk, parks and recreation supervisor for Schuylkill County.

She said the eagles would have constructed the nest in "late January or early February."

"The water is their main habitat. That's usually where you are going to find them," she said.

The eagles build nests when they want to have their young.

"We're thrilled. We're thrilled about the whole thing. It's really neat," she said.

An egg takes 35 days to hatch, according to the state Game Commission.

A windstorm blew the nest out of a tree before Memorial Day weekend and injured one of the eaglets. It was taken to the Red Creek Wildlife Center, Schuylkill Haven. The other eaglet was not injured. The parents were not in the nest but were seen as recently as last week flying with the younger eaglet, Evanchalk said Thursday.

He said the nest was about 5 feet wide and about 3 or 4 feet deep.

The news of the eagles is just one example of nests increasing statewide.

Earlier this month, the Game Commission said its preliminary count found 252 eagle's nests in the state. Of that number, nesting eagles were found in 56 of the 67 counties in the state. Last year, 206 were confirmed with a final statewide total of 237, according to the state.

The eaglet at Red Creek was found by Donmoyer and another woman. Donmoyer called Peggy Hentz, owner and wildlife rehabilitator at Red Creek Wildlife Center, and she came to the lake with someone from the game commission.

Hentz said the eaglet had a fractured wing and leg.

"We think it's a female but were not positive," she said Thursday.

The eaglet weights about 8 pounds and has been recovering at the center.

A veterinarian in Wayne operated on the eaglet in late May.

"The leg has healed completely." Hentz said, adding it has not attempted to fly yet.

The plan is to release the bird at Sweet Arrow Lake this summer, she said.

Evanchalk said he is glad the eaglet is making a resurgence.

"They're our national symbol. They were endangered for so many years and now they are making a comeback," he said.

Eagles are still a threatened species in the state, according to the Game Commission.

"I'm in awe of the bird. I love to see them soaring," Evanchalk said.

A Lehigh County man faces his last chance before state prison after having his parole revoked Friday in Schuylkill County Court on driving under the influence and related charges.

Derek A. Shellhamer, 26, of Allentown, must undergo long-term inpatient care and rehabilitation at the Salvation Army's Harrisburg facility under the terms of Judge Charles M. Miller's order.

"We'll approve it," Miller said before warning Shellhamer that he would go to a state correctional institution if he failed his rehabilitation.

If Shellhamer, who admitted he has a problem with heroin, eventually does go to state prison, he could remain there until March 17, 2017, Miller ruled.

Shellhamer originally pleaded guilty on Nov. 16, 2011, to DUI, unauthorized use of a motor vehicle, possession of drug paraphernalia and accident involving damage to unattended vehicle or property. Miller placed him in the intermediate punishment for five years and also sentenced him to pay costs, $1,525 in fines, $100 to the Substance Abuse Education Fund and $21,728.60 restitution.

Rush Township police charged Shellhamer was DUI on Feb. 27, 2011, in the township.

In other recent county court action, Judge Jacqueline L. Russell accepted guilty pleas from, and, pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these people:

Joseph H. Sadusky, 44, of Pottsville; two counts of criminal mischief; 18 months probation, $50 payment to the Criminal Justice Enhancement Account, $3,718.90 restitution and 40 hours community service. Prosecutors withdrew an additional count of criminal mischief plus one count each of disorderly conduct and public drunkenness.

Lynn M. Salabsky, 27, of Pottsville; two counts of unsworn falsification to authorities and one each of theft by deception, conspiracy and securing execution of documents by deception; five years probation, $50 CJEA payment, $14,999 restitution, 100 hours community service and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew a charge of receiving stolen property.

Kenneth R. Shankweiler, 51, of Barnesville; DUI and disregarding traffic lane; 48 hours to six months in prison, $525 in fines, $100 SAEF payment, $50 CJEA payment, $60 restitution to Schuylkill Medical Center-South Jackson Street and 20 hours community service.

All defendants who were sentenced must pay costs as a part of their sentences.

Deeds

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.

by peter e. bortner

A suspended Ashland doctor has sued Schuylkill County and several employees of its Domestic Relations Office in federal court for what she said was their harassment and violation of her rights during the litigation of a support dispute.

Stephanie Tarapchak alleged in the 28-page lawsuit, which she filed Thursday in Scranton, that office employees imprisoned her for failing to pay support, even though she was medically unable to work, and arrested her in spite of her condition.

"Tarapchak was unlawfully restrained and incarcerated," according to the lawsuit.

In her lawsuit, Tarapchak asked for unspecified money damages, including punitive damages, and also asked the court to order office employees to stop their conduct. She also demanded a jury trial of the case.

Tarapchak has had her medical license suspended indefinitely by the state Board of Osteopathic Medicine for violation of her probation for drug-related reasons. The board ruled the suspension, which must last at least three years, was warranted after Tarapchak failed to submit to drug screenings and other treatment it had mandated.

Her office at 1239 Centre St. in Ashland is now closed.

In her lawsuit, Tarapchak alleged her case has been before the office for five years, during which she has been subject to humiliation, including her arrest in March 2012 at the Schuylkill County Courthouse for failing to pay child support, even though she was on her way to a hearing at which she would have sought to have her payments reduced due to loss of income.

She went to prison and had to call relatives to pay $1,000 in order to secure her release, Tarapchak alleged.

"Tarapchak ... would have avoided the trauma, humiliation and embarrassment of being arrested publicly," she alleged. "Tarapchak was unlawfully restrained and incarcerated."

She also alleged the office ignored a physician's statement provided in April 2012 that she was disabled and unable to work. However, Tarapchak said, she was arrested this May for allegedly owing about $15,000 in child support payments.

By so acting, the office and its employees violated Tarapchak's constitutional rights and ignored the uncontroverted evidence that she was unable to work, according to the lawsuit.

"The defendants willfully, intentionally and maliciously failed to provide Tarapchak with any statutory safeguards against unlawful arrest, restraint and incarceration," the lawsuit reads in part. "The defendants repeatedly planned and schemed to willfully, intentionally, deliberately and maliciously abuse Tarapchak and violate her constitutional rights."

The county also is liable for its alleged failure to train and supervise its employees properly, according to the lawsuit.

This course of conduct by the office was deliberate and intended to harm her, thereby justifying the award of punitive damages, according to the lawsuit.

Office employees named as defendants in the lawsuit include Lynn Bucklar, office director; Frank McDonough, case worker; Russell Pellegrino, case worker; and Robert Phillips, enforcement officer.

U.S. District Judge Malachy E. Mannion will preside over the case.

As a child, Tiffany Cheng, Pottsville, tapped out tunes like the lullaby "Twinkle, Twinkle, Little Star" on a piano at the former China Inn in Llewellyn, which her parents owned.

"There was an upright piano in the restaurant. It was up against the wall. Nobody played it. It was just for show. So I would go over and play things, easy songs with one hand," Cheng, 17, a recent graduate of Pottsville Area High School, said Friday.

After years of lessons, Cheng has become a talented pianist who can play the masterworks of composers like Chopin and Debussy with a touch as easy as a summer breeze.

While she has performed on prestigious stages, including Carnegie Hall in New York, she hasn't had the opportunity to do her own concert, until now.

"An Evening with Tiffany Cheng" will be held at 7 p.m. Aug. 15 at Sovereign Majestic Theater, 209 N. Centre St., Pottsville. Tickets are $15 each and available from the Pottsville Area Development Corp., 1 S. Second St., Pottsville, by calling 570-628-4647.

"Tiffany will perform three-quarters of the show as a soloist. There will be a special guest performance by a violinist," said Sandy Kost-Sterner, chairwoman of the event.

Cheng said the violinist is a friend of hers, Holly Workman, 17, of Lancaster.

"Holly will do one or two solos and will also do some duets with Tiffany," Kost-Sterner said.

"Last summer, I did an international music festival in Italy and France and I went with her," Cheng said.

Cheng said she is doing the concert for charity and intends to donate her share to Sovereign Majestic Theater.

"I'm doing it to support the arts," she said.

Born in Pottsville, Nov. 2, 1995, she is a daughter of Kwunchak Cheng and Michelle Wong Cheng. Her family includes a brother, Vincent, 28, and a sister, Susan, 21.

Today, her parents are part of a partnership that owns Imperial Garden, a Chinese restaurant at 65 Cedar Park Blvd., Easton, Northampton County.

When Cheng was 4, her parents encouraged her to take piano lessons. One of her teachers was Ursula Ingolfsson-Fassbind, director of Leopold Mozart Academy in Philadelphia.

"I took lessons from her from when I was 6 until I was 14 or 15," Cheng said. Cheng participated in competitions that gave her the opportunity to play at Carnegie Hall three times - in 2004, 2007 and 2012.

In 2004 and 2007, she participated in the Young Pianists Competition in New Jersey and in 2012, she participated in the American Asian Fine Arts Association Young Artists Competition, also in New Jersey.

She was among the winners in all three competitions. She couldn't recall how she placed in those events when interviewed Friday but she said the winners were given the opportunity to play at Carnegie Hall in New York City.

Today, she studies piano under the direction of Frances Veri, founder of the Pennsylvania Music Academy in Lancaster.

Cheng is a 2013 graduate of Pottsville Area High School. She was a member of the National Honor Society and she played piano in the PAHS Jazz Band, Kost-Sterner said.

In September, she will attend New York University in New York City. Pursuing a career in the medical field while continuing to study music, she will be taking two majors, biology and piano performance.

"Since I'm going to New York City, I'm hoping there will be a lot of opportunities for me to perform," she said.

When she was a child, she enjoyed the simple pleasure of playing piano for fun. Now, she said she enjoys the victory of precision.

"Usually, I think about what I play before I play. I think a lot before I play because for me, you don't just play. Anybody can sit down here and just press the keys and look at the notes. But to really play, you have to understand the music, and I don't mean just looking at the music. You think about what the composer wanted, how they wanted it to sound."

She said she prefers composers like Chopin, Debussy and Schubert and she'll be playing their music at her concert.

"I like romance, so I like Chopin and I like classical, Mozart and Beethoven," she said.

Date incorrect

Student ambassadors will meet with the county commissioners at 4 p.m. July 25 to discuss upcoming projects and the next Youth Summit. The wrong date was provided to The Republican-Herald for the article in Friday's edition.