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Lake Wynonah man headed to court as result of fatal crash

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by peter e. bortner

ORWIGSBURG - A Lake Wynonah man is headed to Schuylkill County Court to face 10 charges stemming from a February accident in Wayne Township that claimed the life of his fiancee.

Eric A. Mitchell, 19, of 1564 Stag Drive, Auburn, must defend against one count each of homicide by vehicle while driving under the influence, DUI, recklessly endangering another person, disregarding traffic lane, failure to drive at a safe speed and careless driving and two counts each of aggravated assault and aggravated assault by vehicle while DUI, Magisterial District Judge James R. Ferrier ruled at the end of Tuesday's preliminary hearing.

Ferrier ordered all charges held for the county court, but allowed Mitchell to remain free on $15,000 unsecured bail.

State police at Schuylkill Haven alleged Mitchell was under the influence of marijuana when he was driving north on Route 183 at 9:49 a.m. Feb. 15 at Lutz Valley Road in Reedsville.

Police said Mitchell lost control of his car, a Mazda 3, crossed into the southbound lane and collided with a Chevrolet S-10 pickup truck being driven by Tina Walker, Fredericksburg.

Courtney L. Hengen, 22, of Auburn, Mitchell's fiancee and front-seat passenger, died shortly after arrival at Lehigh Valley Hospital-Cedar Crest, where she had been flown after the accident, police said.

Walker and her passenger, William W. Walker II, Fredericksburg, had to be flown to Reading Hospital and Medical Center, West Reading, for treatment of major and moderate injuries, respectively, police said.

Mitchell and his infant passenger, Ryan A. Mitchell, Auburn, suffered minor injuries in the accident and were taken to Schuylkill Medical Center-South Jackson Street for treatment, according to police.

Each vehicle sustained disabling damage in the accident, police said.

Friedensburg and Summit Station firefighters and Pottsville-Schuylkill Haven EMS assisted at the accident scene.Defendant: Eric A. Mitchell

Age: 19

Residence: Lake Wynonah

Charges: Two counts each of aggravated assault and aggravated assault by vehicle while driving under the influence and one each of homicide by vehicle while DUI, DUI, recklessly endangering another person, disregarding traffic lane, failure to drive at a safe speed and careless driving


Monday and Tuesday will be prime time to view annual Perseid meteor shower

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The skies over Schuylkill County will be perfect this weekend to view one of the most exciting meteor showers of the year.

According to NASA, the Perseid meteor shower comes around every year from early- to mid-August as Earth passes through a cloud of dust sputtered off a comet. The meteoroids will hit the atmosphere at 132,000 mph to produce the annual light show.

"The Swift-Tuttle comet is the source of the meteor shower," Thomas J. Guzick, who teaches an astronomy class at Pottsville Area High School, said Thursday. "It takes the earth about a week to go through the area of space that the Swift-Tuttle comet has passed. The earth will be in this area from Aug. 9 to 14 this year."

Guzick said meteor showers are named for the constellation where the radiant is found, or the point in space that the meteors appear to be coming from. In this case, the shower is in the northern sky constellation of Perseus.

While it's not unusual to see a fireball every few hours as random meteoroids constantly hit the upper atmosphere, the high frequency is what makes this weekend special.

"One of the better showers of the year, expecting 60 meteors an hour, or one a minute," Guzick said. "But please realize meteor showers are very unpredictable. Count also depends on light pollution and weather conditions."

Aaron Tybursky, a meteorologist with the National Weather Service, State College, said lingering storms are possible tonight but the skies will clear up Saturday and Sunday with temperatures in the upper 70s. The next chance of rain will be Tuesday.

"It looks like a nice and very pleasant weekend, perfect for the meteor shower," Tybursky said.

The peak of the shower is expected to be Tuesday night.

"Morning is the best time to view due to the fact that the earth is spinning away from the radiant in the evening and spinning into the radiant in the morning," Guzick said. "So you do not have to wait till the 12th to look but that should be the best night."

Perseid meteor shower was recently declared the "fireball champion" by NASA.

The term "fireball" is used to describe a meteor at least as bright as the planets Jupiter or Venus and can be seen on any given night, according to NASA.

Bill Cooke of NASA's Meteoroid Environment Office and his team have used a network of meteor cameras across the southern parts of the country to track fireball activity since 2008.

"We have found that one meteor shower produces more fireballs than any other," Cooke said in a press release. "It's the Perseid meteor shower, which peaks on Aug. 12 and 13."

Cooke said the Perseid probably has more fireballs because of the size of the parent comet.

"Comet Swift-Tuttle has a huge nucleus - about 26 kilometers in diameter," Cooke said. "Most other comets are much smaller, with nuclei only a few kilometers across. As a result, Comet Swift-Tuttle produces a large number of meteoroids, many of which are large enough to produce fireballs."

Cooke said the highest concentration of fireballs will be Monday and Tuesday between the hours of 10:30 p.m. and 4:30 a.m.

"Get away from city lights," Cooke said. "While fireballs can be seen from urban areas, the much greater number of faint Perseids is visible only from the countryside."

Deeds, Aug. 9, 2013

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Deeds

Barry Township - Daniel L. and Susan Ladue to Gregory A. and Jessica M. Quandel; 2.794-acre property on Airport Road; $46,500.

John M. Dubb to Anthony J. Welsh III; property on East Spruce Street, Mountain Valley Lake; $35,000.

Butler Township - Timothy M. Wirtz and Kristin M. O'Donnell to Timothy M. Wirtz and Kristin M. O'Donnell; 16.002-acre property at Beaver Dam and Turnpike roads; $1.

East Brunswick Township - James A. Bensinger to Miller Real Estate Development Co. Ltd.; 0.0022-acre property on Evergreen Drive; $1.

Miller Real Estate Development Co. Ltd. to James A. Bensinger; 0.2865-acre property on Evergreen Drive; $1.

Hegins Township - Clair W. and Twila M. Artz to Judy L. Paul, Debra J. Specht and Rhonda C. Shadle; 855 E. Mountain Road, Hegins; $1.

Hubley Township - Bank of America NA to Frank J. Krammes; 2201 E. Main St., Sacramento; $35,000.

Mahanoy City - ALA Invesments LLC to Jaime and Sandra Aguilar; 18 S. D St.; $2,500.

Peter Vassalluzzo to Daniel and Brooke Wowak; 325 E. Market St.; $12,500.

Pottsville - Joseph G. Groody, sheriff of Schuylkill County, to U.S. Bank NA; 807 N. Third St.; $1,307.41.

Joseph G. Groody, sheriff of Schuylkill County, to Federal National Mortgage Association; 13 York Farm Road; $1,321.03.

Wayne Township - Joseph G. Groody, sheriff of Schuylkill County, to Federal National Mortgage Association; 326 Pawnee Drive, Lake Wynonah; $1,066.65.

Lithuanian Days to feature beer sampling, boilo contest, historical marker unveiling

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For the 99th time, descendants of Lithuania will meet in Schuylkill County to celebrate their roots and heritage.

Lithuanian Days will be held from 11 a.m. to 6 p.m. Saturday and noon to 5 p.m. Sunday at center court in the Schuylkill Mall, Frackville. The annual event is sponsored by the Knights of Lithuania Council 144, "The Anthracite Council."

Lithuanian Days is referred to as the longest consecutive ethnic festival in the United States and in its 99th year continues to add to its schedule.

Larry Domalakes, president of KoL Council 144, said the theme of this year's festival is "Lithuanian food, folklore and folk medicine." A new event on this year's agenda features Lithuanian's "liquid cuisine" - boilo.

A boilo tasting and judging will be held Saturday night at The Screening Room at the Schuylkill Mall Theaters. A special announcement with details for the tasting will be made at 2:10 p.m. Saturday. Domalakes said the tasting will be held after the festival's 5:30 p.m. closing ceremony. The results of the tasting will be announced during Sunday's closing remarks at 5 p.m.

In addition to the boilo, Domalakes said Svyturys, the oldest working brewery in Lithuania, is sending beer samples to the event.

Paul Domalakes, KoL Council 144 treasurer, said the brewery heard of Lithuanian Days in Schuylkill County and wanted to participate. An official from the brewery contacted its distributor in Allentown, which set up the connection.

"I guess Lithuanian Days is going international now," Paul Domalakes said.

Paul Domalakes, who also serves as emcee for the opening ceremony, said special presentations are scheduled for this year's ceremony.

Beginning at 12:15 p.m. Saturday, the Pennsylvania National Guard band will play music including Lithuanian military songs. This is the first time the National Guard is bringing its band, Domalakes said.

The Pennsylvania National Guard is celebrating its 20th anniversary as partner with the Lithuanian military. The partnership is part of the U.S. European Command State Partnership Program. The program connects a U.S. state with a country from the European Theater for security objectives. There are currently 22 partnerships in the program.

Also during the opening ceremonies, the state Historical and Museum Commission marker deeming Schuylkill County as "Little Lithuania, USA" will be unveiled. Spearheaded by James and Dorothy Setcavich, the marker will be on display at the mall throughout Lithuanian Days before it is moved to a permanent location in Shenandoah. The marker was awarded to the county for its high percentage of residents with Lithuanian ancestry.

"You want to see something special, you want to be there for the opening ceremony," Larry Domalakes said.

Other traditional activities include dance groups Zilvinas, Philadelphia, and Malunas, Baltimore, Md., and entertainment by Sensations, Augis and Varpelis.

In relation to the theme, vendors will provide plenty of authentic Lithuanian cuisine including kugelis (potato pudding), kotletai (meatballs) and balandeliai (stuffed cabbage).

Artifacts, arts and crafts and a heritage room will also be on display to teach visitors about past and recent Lithuanian history.

"It's not only important for descendants to know but for people in Schuylkill County," Paul Domalakes said.

Proceeds from the event benefit the many charities in which the Knights contribute, including the Lithuanian Pontifical College in Rome.

"It is a major fundraiser for the philanthropic organizations the Knights are a part of," Larry Domalakes said.

Also, on Sunday, the festival will get a visit from the Lithuanian ambassador to the United States, Zygimantas Pavilionis.

Heading into its 100th celebration, Lithuanian Days continues to grow and share the region's rich heritage.

"It's not the same old thing over and over again. We keep it evolving," Larry Domalakes said.

For more information, visit the Knights of Lithuania Council 144 website at kofl144.weebly.com.

Hawk Mountain hoping to acquire more land for conservation

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DREHERSVILLE - Hawk Mountain Sanctuary Association is looking to acquire more land in Schuylkill County for conservation.

The nonprofit organization is applying for a $100,000 state Department of Community and Economic Development Greenway, Trails and Recreation grant. Funding for the grant comes from the Commonwealth Financing Authority through the DCED Act 13 Marcellus Legacy Fund.

"Our hope is to purchase a property that is contiguous to Hawk Mountain," Mary Linkovich, Hawk Mountain communication and grants manager, said Thursday.

The grant will be used to buy a 25.3-acre forested slope buffering the National Scenic Appalachian Trail in Berks County and a 59.8-acre riparian (area between land and river) parcel beneath the North Lookout at Hawk Mountain in Schuylkill County that runs adjacent to the Little Schuylkill River.

"It's virtually in every photo that is taken from the North Lookout in Schuylkill County," Linkovich said. "We're excited about it because the Little Schuylkill River is gorgeous in that stretch. It's grown in popularity and of course we always want to protect habitat."

The area ranks as a top protection goal at the state, county and local levels because of its scenic views, species diversity and sensitive habitat. The outdoor recreation area is popular for paddling, wildlife watching, hiking and biking.

Linkovich also noted that it is a National Natural Landmark and eco-tourism destination that brings in more than $7 million for the local economy.

Written consent for the conservation easement from the county commissioners is a requirement for the grant. The Schuylkill County board voted to provide a letter of support at a work session Thursday.

The grant will cover less than a fourth of the purchase, Linkovich said. It will be matched with privately raised funds and the organization will apply for additional grants.

Independent appraisals will determine the total cost but it is estimated to exceed $300,000, Linkovich said.

"We have a lot of fundraising to do," she said. "Protected land is very expensive but it has long-lasting effects on everyone, so we are appreciative of the collaborative support for our efforts."

The high cost is the result of the area being one of the fastest-developing areas in the county because it is in a prime location near two interstates.

The property also includes a home in West Brunswick Township. Linkovich said the organization does not want ownership of the home but only wants to buy the development rights to preserve the land.

"In an ideal situation, a buyer would purchase that property because it can't be developed," she said. "They would buy the home and be on protected land. There are many people that would be appealing to."

The project is shovel-ready and the individual, private landowners have been working cooperatively with Hawk Mountain and already signed the necessary agreements.

"It's difficult to find an opportunity where a landowner is willing to work with us so when you do have that chance, it is our mission to try and conserve that land," Linkovich said.

The easement still needs to be finalized.

"If everything goes as planned, we will finish the project by next spring," Linkovich said.

Hawk Mountain Sanctuary was founded by a New York conservation activist, Rosalie Edge, in 1934. It was incorporated in 1938 as a nonprofit organization.

Grotto at St. Clare of Assisi to be dedicated on Sunday

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SAINT CLAIR - The grotto at St. Clare of Assisi Roman Catholic Church, 250 E. Hancock St., a tribute to the closed parishes in the borough, will be dedicated at 1 p.m. Sunday.

The grotto is across the street from the church in the location of the former Saint Clair Catholic Elementary School.

The school, which was built in 1914, was demolished in 2011 to provide closer parking for those who can't walk far due to health reasons and for a green space for prayer.

Sandy Mitchell, administrative assistant for the parish, said Wednesday that there will be a short prayer service during which the Most Rev. John O. Barres, bishop of the Diocese of Allentown, will bless the new grotto.

Mitchell said that following the service, there will be a free picnic for parishioners at the Saint Clair Fish & Game Club.

According to newspaper archives, Monsignor William F. Glosser, pastor at St. Clare of Assisi, said that since the creation of St. Clare of Assisi in 2008, he was understanding of the fact that it's the combination of five area Roman Catholic churches and he planned to build a prayer space as a tribute to all the churches that make up the new parish.

In 2008, the Diocese of Allentown closed 32 parishes in Schuylkill County as part of a diocese-wide restructuring plan. The five Roman Catholic churches in Saint Clair - Immaculate Conception, St. Mary, St. Casimir, Ss. Peter and Paul and St. Boniface - merged to form St. Clare of Assisi in the former St. Mary building.

The plan for the grotto was to use stone left from the old school to build a wall and the plan is to place the steeple crosses from the closed churches, a bronze plaque commemorating each of those churches, the Fatima shrine from the former St. Casimir Church and outdoor statuary from the other churches and benches in the grotto.

Mitchell said that the grotto was finished in the past week with paving, while landscaping was completed in early spring.

Fugitive ordered to start serving sentence

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Tammy J. McShaw must remain in prison after being captured Thursday in Pottsville, a judge ruled Friday.

McShaw, 45, of Pottsville, who had been a fugitive since failing to report to prison on June 3, must start serving her sentence of six to 12 months, Judge John E. Domalakes ruled.

"She had some medical problems at that time," Chief Public Defender Michael J. Stine, McShaw's lawyer, said of his client.

Domalakes also ordered McShaw to pay a $50 bench warrant fee in each of her cases.

"I think she understands she owes the county some time," Stine said.

Wearing handcuffs and a prison jumpsuit, McShaw herself said nothing during the hearing.

The time McShaw owes the county is six to 12 months, the prison sentence President Judge William E. Baldwin imposed on her on May 23.

Baldwin also sentenced McShaw to pay costs, $200 to the Substance Abuse Education Fund and $54.49 restitution, and submit a DNA sample to law enforcement authorities.

McShaw had pleaded guilty on March 20 to three counts of possession of a controlled substance and one each of conspiracy, attempted possession of a controlled substance, retail theft and possession of drug paraphernalia.

Pottsville police filed all three sets of charges against McShaw, alleging she tried to possess drugs on Oct. 4, 2011, possessed drugs and paraphernalia on May 1, 2012, and possessed drugs and committed the theft on July 21, 2012. McShaw committed all her crimes in the city, according to police.

McShaw had been featured in an article in the June 23 edition of this newspaper as part of an ongoing series asking for the public's help in apprehending fugitives.

Pottsville park dedicated at special ceremony

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With the cutting of a purple ribbon, Mike McGeever Memorial Park was opened to the public Friday evening.

The shady area with the pergola and natural spring on the 500 block of North Centre Street was dedicated during a ceremony at the Schuylkill YMCA building across the street.

"Mike McGeever was a beloved friend and colleague and he was the inspiration for all these pocket parks," Jeffrey A. Feeser, director of housing at Schuylkill Community Action, said before the full gymnasium.

Michael G. McGeever served as Pottsville's Elm Street manager from March 2007 until his death in February 2009 and came up with the concept for the park.

The project started in 2008 after the city demolished the run-down buildings at 521-523 N. Centre St. The park was developed on the remains of the stone foundation of those buildings.

Work was done by volunteers from New Jersey representing the Jesus Unites Neighbors Everywhere, or JUNE, project.

The Rev. Darryl D. Duer, Carnford United Methodist Church, JUNE project coordinator, said it was "a labor of love" for the community and members of the JUNE project to see that the pocket park was built how McGeever envisioned.

City Mayor John D.W. Reiley presented a citation to the JUNE Project volunteers for all their work. He said the volunteers, much like McGeever, left a footprint in Schuylkill County.

"Mike was an exceptional young man and had very good ideas and was always hard-working and the park across the street is quite evident of that," Reiley said.

State Sen. Dave Argall, R-29, and state reps. Mike Tobash, R-125 and Neal P. Goodman, D-123, presented citations in memory of Mike McGeever and to the JUNE volunteers.

City Councilman James Muldowney, president of the Green Wave Association, also presented a plaque dedicated to McGeever.

Feeser thanked all the local supporters who made the project possible, including public partners like the state Department of Community and Economic Development and the City of Pottsville as well as a long list of private partners and volunteers.

Schuylkill Community Action used more than $35,000 in grant funding from DCED to develop the park.

Deputy Secretary Champ Holman of the office of Community Affairs and Development at DCED said when McGeever proposed building the pocket park, some people questioned it.

"But he did it," Holman said. "He was dedicated, he was committed and he wanted to improve. Some people will say 'Why?,' but Mike McGeever said 'Why not?' "

Austin Crowe, a JUNE Project volunteer for eight years, said when the group first arrived in Pottsville, some people didn't understand why they were there. He said it was McGeever who got everyone behind them as they set out to do great things for the community.

"He was also very dear to us, too" Crowe said.

After the dedication ceremony, everyone went across the street for the ribbon cutting and a song and prayer at the park led by Duer.

Bus loads of project volunteers attended the ceremony and crowded the park with locals and public officials only seconds after the ribbon fell to the ground.

A sign was also unveiled at the park that had its name on it. The Schuylkill YMCA will now serve as caretaker for the park.


All charges dismissed in city robbery case

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by peter e. bortner

Dustin R. Ballard, whose brother is imprisoned for allegedly killing a man in Pottsville, no longer faces robbery and related charges from a separate incident, as a judge dismissed them Friday.

"The court finds that a prima facie case does not exist," Magisterial District Judge James K. Reiley said at the end of the 45-minute hearing on charges resulting from an alleged robbery in April in Pottsville.

Several friends of Ballard cheered at Reiley's decision, although they became quiet when the judge ordered them to do so.

However, a spokesman for Schuylkill County Prison said Friday that Ballard still was there several hours after the end of the hearing due to failure to pay fines and costs from past cases.

Pottsville police had charged Ballard, 24, of Philadelphia, with two counts each of aggravated assault and simple assault and one each of robbery, burglary, theft, receiving stolen property and carrying a firearm without a license.

Police alleged Ballard and his brother, Anthony M. Ballard, broke into the second-floor apartment of Nicole Porter at 309 W. Norwegian St. at 9:06 a.m. April 5. They said Dustin Ballard pointed a gun at Jonathan T. Porter, Nicole's brother, and stole his wallet, which contained more than $300 in cash, along with bank cards and identification.

"Two people came in my door. One went straight to my brother. A guy had a gun to me," a nervous Nicole Porter testified during Friday's hearing.

"Did you invite them in?" First Assistant District Attorney Thomas J. Campion Jr. asked her.

"No," she answered.

However, she testified that she could not identify Dustin Ballard as one of the men who broke into the apartment, in spite of her having picked him out of a photo lineup April 11.

"I can't," she said when cross-examined by Assistant Public Defender Andrea L. Thompson, Dustin Ballard's lawyer.

Pottsville police Cpl. Francis Lynagh, the only other witness to testify at the hearing, said Nicole Porter had shown no uncertainty at the lineup.

"She gave an immediate positive identification" of Dustin Ballard as one of the robbers, Lynagh said.

Jonathan Porter died July 18.

Campion and Thompson each declined to comment on the case after the hearing.

On May 10, Reiley dismissed charges against Anthony Ballard stemming from the incident. He had faced the same set of charges as his brother.

However, Anthony Ballard, 26, of Philadelphia, still faces charges of criminal homicide, aggravated assault, simple assault, recklessly endangering another person and four counts of conspiracy resulting from the shooting death of Elijah T. Carraway.

City police allege Anthony Ballard shot and killed Carraway, 19, of Pottsville, about 8:30 p.m. June 11 near West Laurel Boulevard and Sanderson Street.

Anthony Ballard is in the county prison awaiting trial on those charges, as is his co-defendant, Jaimee J. Watson, 19, of Pottsville, who city police say drove the pair after the shooting to Philadelphia, where they were captured the next day.

Corrections, Aug. 10, 2013

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1,000-plus residents

There are 450 residences and about 1,100 residents in the Borough of Palo Alto, borough Mayor Thomas Beveridge said Friday. The number of residents was incorrect in Friday's edition.

Chapel on Jardin

The Father Walter J. Ciszek Chapel is at 231 N. Jardin St., Shenandoah. The chapel's street address was incorrect in Friday's edition.

Alleged teen robber denied bail cut

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Unique T. Myers must stay in prison, a Schuylkill County judge ruled Friday after denying the teenager's request for a bail reduction in his robbery case resulting from a March incident in Pottsville.

"I have to agree with the commonwealth," Judge John E. Domalakes said in turning down Myers' petition to lower his bail from $50,000 straight cash to $10,000 percentage, which would have required the defendant to post only $1,000 cash to go free pending trial. "Bail will remain as is."

A spokesman for the Schuylkill County Prison said late Friday afternoon that Myers still is behind bars.

Myers, 15, of Pottsville, has been charged as an adult with robbery, conspiracy, theft, receiving stolen property, simple assault, recklessly endangering another person and criminal mischief.

Pottsville police allege Myers and his brother, Shayne Calloway, Sinking Spring, used a knife and a firearm, respectively, to rob Jamie Dietrich of a Samsung Galaxy S3 cellular telephone, which has a value of $600, and keys at 11:28 p.m. March 31 at 200 Downing St. near the intersection with West Race Street in the city.

Police said Myers admitted that he participated in the robbery.

On Friday, Myers testified he has been in prison since May and would like to return home to live with his father and his father's girlfriend.

"I would try to go to cyber school or charter school," the defendant said while wearing handcuffs and a prison jumpsuit.

"Do you have any history of drug or alcohol problems?" Michael J. Fiorillo, Pottsville, Unique Myers' lawyer, asked him.

"No, sir," the defendant an-swered.

Myers said he is in isolation at the county prison.

"Is that taking a toll on you?" Fiorillo asked him.

"Yes, sir," he responded.

Under cross-examination by Assistant District Attorney Robert M. Reedy, Myers said he had poor grades and attendance at school, and had been in legal trouble while living with his mother in Chester County. However, he denied making any threats toward Dietrich.

However, Lori Chaplick, a county juvenile probation officer, testified Myers had done precisely that.

"'I'm going to kill him'," is what Myers said while 10 or 15 feet from Dietrich, Chaplick testified. "(Myers) was getting more and more agitated."

James L. Myers, the defendant's father, testified he could post $1,000 for his son's bail. He also said his son could live with him pending trial.

However, Domalakes said the combination of the defendant's previous legal problems, the seriousness of the charges, his tenuous ties to the county and the issuance of a bench warrant for him tipped the scale in favor of the prosecution's position against a bail reduction.

"All of those things suggest he is a potential flight risk," Domalakes said of the defendant.Defendant: Unique T. Myers

Age: 15

Residence: Pottsville

Charges: Robbery, conspiracy, theft, receiving stolen property, simple assault, recklessly endangering another person and criminal mischief

Police log, Aug. 10, 2013

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GPS, phone

taken from car

State police at Schuylkill Haven are investigating a theft that occurred between 6:30 and 7:45 p.m. Thursday in the parking lot outside Kohl's store at Fairlane Village mall in Norwegian Township.

Police said Nikki Lynn Snyder, 20, of Auburn, had her Garmin GPS, valued at $200, and iPhone, valued at $100, stolen from inside her car.

Police said the doors were not locked and no damage was done to the vehicle.

Fake scripts

at pharmacy

State police at Schuylkill Haven are investigating an attempted prescription fraud that occurred at 9:55 a.m. Thursday at the Rite Aid Pharmacy, 44 Kings Village, Norwegian Township.

Police said a woman tried to fill two prescriptions from the Urgent Care Center of Brooklyn, N.Y., that were determined to be fake. Anyone with information about this incident is asked to call police at 570-739-1330.

Mayor states Quality of Life ordinance working in Girardville

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GIRARDVILLE - The borough council adopted a Quality of Life ordinance in December and according to Mayor Edward Burns, its enforcement is beginning to show results.

Burns gave a report during Thursday's council meeting, stating that a second round of tickets will soon be issued on problem properties.

"Within the last week and a half, we gave out 22 tickets," Burns said. "This Quality of Life ordinance is working. It's a no-nonsense ordinance. There is so much more that we can do if a person doesn't want to take care of his property."

Burns said to the public, "If anybody has any complaints and you see something that I don't see, get in touch with me."

A Quality of Life ordinance addresses problems that degrade the physical appearance of a community, which in turn reduces business and tax revenue and inhibits economic development, and negatively impacts the quality of life and community pride of the citizens.

Similar ordinances have been adopted in Shenandoah, Mahanoy City, Pottsville, Hazleton, West Hazleton and Reading. The ordinance allows the borough code enforcement officer or any public borough officer to issue tickets when they see certain code violations, such as accumulation of rubbish, animal feces, high weeds, indoor appliances and furniture outside on the porch or sidewalk, and the failure to remove snow and ice from sidewalks.

The Girardville ordinance was modeled after those adopted in Mahanoy City and Shenandoah.

During the public portion, resident Pete Oswald said some improvement can be seen in the borough. Oswald traveled along the borough streets to see what has been done and said, "I can see the difference."

"There is so much we can do with this Quality of Life ordinance," Burns said. "This is a very good ordinance."

After the meeting, Burns said the 22 tickets were delivered in different ways.

"The 22 tickets that have been filed have either been posted on their doors if they live at the property or they are sent by certified mail," Burns said. "There is a lot of work involved. A lot."

Burns opened a folder and showed the next 15 tickets that will be filed. His first step is to identify the owner, which is done using the Schuylkill County Parcel Locator. Burns spends about two to three evenings a week working on the process. While Burns works during the day, he has a resident check the suspect properties, which is then followed up by Burns.

"If I deem them ticketable, I write the tickets," Burns said. "The hard ones are the property owners who are from out of town. It seems to be working but the important part is the follow-up. You just can't give a ticket and then forget about it."

Fire heavily damages service station near Port Carbon

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PORT CARBON - After five hours of digging through the charred ruins of Ric's Service Station in East Norwegian Township on Friday, state police Fire Marshal John F. Burns was hesitant to put his finger on the cause.

"I found the area of origin. I just want to check a couple things out before I make any kind of definitive comment," Burns said at 2:45 p.m. Friday outside the business at 542 Port Carbon-Saint Clair Highway.

He wouldn't say if he believed the fire was accidental or suspicious.

East Norwegian Township fire Chief Gary Gorman wouldn't speculate on the cause of the fire.

"It could go either way. It could be that it is suspicious or it could be accidental. The best call we can make in this township is to call the fire marshal from the start whether we have any suspicion or not so that all bases are covered," Brian Murray, an assistant chief with East Norwegian Township, said Friday.

The owner of the service station is Ricardo J. "Ric" Marks Jr., Port Carbon, who's owned Brody's Bar & Grill, Port Carbon, since June 2008, according to Republican-Herald archives.

According to the online Schuylkill Parcel Locator, Marks bought the property at 542 Port Carbon-Saint Clair Highway from Vincent A. and Karen A. Kuperavage for $200,000 in December 2005.

Marks could not be reached for comment Friday.

The one-story pole building with aluminum siding contained an office and two garage bays on its west side and three garage bays on its east side.

The fire started in the garage bay on the far west side, Burns said.

It was called into the Schuylkill County Communications Center at 12:17 a.m. Friday. Responders included firefighters from East Norwegian Township, Port Carbon, Pottsville and Saint Clair, according to a communications supervisor.

There were more than 75 firefighters on scene. No one was injured, Murray said.

When Murray arrived on scene at 1 a.m. Friday, flames were shooting out of the office on the building's west side.

"We had a hard time trying to get through the roof, being that it was an aluminum roof. And some of the roof had fallen down inside, which made it difficult to get in to fight the fire inside. We were able to cut holes in the wall and ceiling to get water in," Murray said.

A pickup truck parked in one of the two garage bays on the west side of the building sustained damage, Gorman said.

The scene was cleared at 4:48 a.m., according to the communications supervisor.

Ric's Service Station wouldn't be able to reopen for business anytime soon.

"This whole section in front, the main structure, would have to come down. He might have to put up another structure," Gorman said.

Deeds, Aug. 10, 2013

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Deeds

Auburn - Joseph G. Groody, sheriff of Schuylkill County, to Federal National Mortgage Association; 217 Orchard St.; $1,220.62.

Branch Township - James R. and Ann Coulson to Kevin and Heidi Securda; 18 S. West Lawn Road; $152,500.

Deer Lake - Joseph G. Groody, sheriff of Schuylkill County, to LPP Mortgage Ltd.; 1736 Center Turnpike; $1,096.90.

Frackville - Darren J. Kline to Helen Ann M. Moyer; 53 N. Second St.; $58,900.

JMAC Realty LLC to Francisco Martin Gratereaux; 421 S. Broad Mountain Ave.; $95,000.

North Union Township - U.S. Bank NA to Charles Kovacsi; 816 Main St., Nuremberg; $24,399.

Palo Alto - Joseph G. Groody, sheriff of Schuylkill County, to The Bank of New York Mellon; 252 E. Bacon St.; $1,125.92.

Port Carbon - Ann Lubinsky to Joseph M. Shamonsky and Janet E. Powers; 334 Coal St.; $149,000.

Porter Township - Scott J. and LeAnn R. Unger to Scott J. Unger; 79 Snyder Ave.; $1.

Tamaqua - Gregg J. Boyle Sr. to Gregg J. Boyle Jr.; 637 E. Broad St.; $1.

Bobby and Lynn Papageorgiou to Stacey and Terry L. Hill; property on Pitt Street; $12,500.

Peter Trudich to John Trudich; 19 E. Elm St.; $1.


Criminal court, Aug. 10, 2013

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After smuggling marijuana into a state prison, Shawna Mastramico learned Tuesday in Schuylkill County Court that she would be returning to state prison herself - as an inmate.

Mastramico, 24, of Aliquippa, must serve two to four years in a state correctional institution, President Judge William E. Baldwin ruled.

Baldwin also sentenced Mastramico to pay costs, $100 to the Substance Abuse Education Fund, $50 to the Criminal Justice Enhancement Account and $224 restitution to the state police crime laboratory in Bethlehem, and submit a DNA sample to law enforcement authorities.

Following a one-day trial over which Baldwin presided, a jury found Mastramico guilty on June 10 of possessing contraband/controlled substance, possession with intent to deliver a controlled substance and possession of a small amount of marijuana.

State police at Frackville had charged Mastramico with trying to smuggle marijuana into SCI/Mahanoy on July 26, 2012.

In other recent county court action, Judge Cyrus Palmer Dolbin accepted guilty pleas from, and, pursuant to agreements between prosecutors and defendants, imposed the indicated sentences on, these people:

Charles T. Bechtel, 31, of Ashland - manufacture of a controlled substance, possession of a controlled substance and prohibited possession of firearm; 90 days house arrest, 20 months probation, $100 SAEF payment, $50 CJEA payment, $176 restitution to the state police crime laboratory in Bethlehem and submission of a DNA sample to law enforcement authorities. Prosecutors withdrew charges of use of an incapacitation device and possession of a small amount of marijuana.

Christian T. Gauker, 50, of Pottsville - two charges of driving under the influence and one each of simple assault, resisting arrest, harassment, disregarding traffic lane and careless driving; six months to five years in prison, two years consecutive probation, $3,150 in fines, $400 in SAEF payments, $50 CJEA payment and 20 hours community service. Prosecutors withdrew an additional count of disregarding traffic lane and one count each of aggravated assault, disorderly conduct, public drunkenness, failure to drive at a safe speed, reckless driving and failure to stop at red signal.

Peter Kadingo Jr., 55, of Pottsville - improper statement under penalty; 12 months probation and $50 CJEA payment. Prosecutors withdrew a charge of materially false written statement.

Israel Quinones, 41, of New Philadelphia - DUI; 72 hours to six months in prison, $1,000 fine, $100 SAEF payment, $460 restitution to Schuylkill Medical Center-South Jackson Street and 10 hours community service. Prosecutors withdrew a charge of disregarding traffic lane.

A McAdoo man will pay costs and two fines after being found guilty Aug. 1 in Schuylkill County Court of driving with a suspended license and without insurance.

Jon S. Kraus, 22, will pay costs and $500 in fines under the terms of Judge Charles M. Miller's sentences.

McAdoo police had charged Kraus with driving without insurance on March 18 and with a suspended license on May 8.

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

Ronald J. Babarsky, 19, of Shenandoah - simple assault and endangering the welfare of children; three years probation, mental health/mental retardation evaluation and no contact with his victim. Prosecutors withdrew an additional count of simple assault and one count each of aggravated assault and harassment.

Michael D. Reed, 29, of Harrisburg - retail theft; 12 months probation and a $50 payment to the Criminal Justice Enhancement Account.

Debbie Ann Scheerer, 45, of Pottsville - conspiracy; time served to 12 months in prison, $50 CJEA payment and $50 bench warrant fee.

Robert Stackhouse Jr., 31, of Tamaqua - theft of leased property; 12 months probation consecutive to current sentence, $50 CJEA payment and $1,170.70 restitution. Prosecutors withdrew a charge of receiving stolen property.

Craig T. Taylor, 23, of Frackville - two counts of possession of drug paraphernalia and one each of driving under the influence, possession of a controlled substance, possession of a small amount of marijuana and driving under suspension; time served to six months in prison with immediate parole, 24 months consecutive probation, $1,200 in fines, $200 in payments to the Substance Abuse Education Fund, $460 restitution to Schuylkill Medical Center-South Jackson Street, $50 bench warrant fee and 10 hours community service. Prosecutors withdrew a charge of operating a vehicle without required financial responsibility.

Jose A. Torres, 36, of Shenandoah - two counts of improper child restraint systems and one of DUI; 48 hours to six months in prison, $1,050 in fines, $100 SAEF payment, $60 restitution to Schuylkill Medical Center-South Jackson Street and 100 hours community service.

John M. Wronski III, 26, of Mahanoy City - DUI; 72 hours to six months in prison, $1,000 fine, $100 SAEF payment and 10 hours community service, with sentence effective at 11 a.m. Sunday.

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

Around the Region

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n Ashland: The Ashland Area Rotary Club is sponsoring a house decorating contest with winners announced Aug. 29. Rotary members will be driving through Ashland looking for the best decorated homes in honor of the ABA and Mother's Memorial celebration. First-, second- and third-place winners and honorable mention gifts will be given for the best decorated homes for this event.

n Heckscherville: The annual outdoor Labor Day Mass at the Castle Green Grotto will be held at 10 a.m. Sept. 2 (rain date Sept. 7). The grotto is located at 950 Valley Road, Minersville-Heckscherville Highway. The Mass is dedicated to the late Ann Barone, who was a member of the committee that maintains the grotto. The annual outdoor Mass was started to remember "all who came" to the Castle Green Chapel, which was located at the site, and to honor those who labored in anthracite mining. Refreshments will be served after Mass. Attendees should bring lawn chairs. Parking will be available at the grotto. For more information, call Bob at 570-544-3658.

n Mahanoy City: The All Star Polka Band will present a free concert titled "It's Time to Polka" at 6 p.m. Aug. 18 at the Mahanoy Elderly Apartments, Main and Centre streets. Everyone is welcome and should bring lawn chairs to enjoy the presentation.

n Pottsville: The Humane Fire Company Softball Team will once again host the annual Schuylkill County Law Enforcement, EMS and Firefighters charity softball tournament Aug. 17. The sole purpose of this annual tournament is to raise money for a different charitable cause each year. This year, the group has chosen to play to benefit Olivia Bensinger, 8, who was diagnosed with leukemia, to help with medical expenses, and the Schuylkill County Therapeutic Riding program. The tournament will be held at Sunny Rod & Gun Club field, Minersville, and Seltzer City Gun Club field, Seltzer. The first games begin at 8 a.m. There will be a Chinese auction and food will be available throughout the day. In order to make the tournament a success, the group is asking for any donation be sent to Jay Conway, 71 Red Horse Road, Pottsville, PA 17901.

n Pottsville: Schuylkill County Sheriff Joseph G. Groody announced his office at the county courthouse will have extended hours and days regarding licenses to carry firearms as follows: 8:30 a.m. to noon Aug. 17 and 4:30 to 7:30 p.m. Sept. 12. On those days, Groody said in a release, "we will be accepting applications for license to carry firearms for renewal or new applicants." The office's normal hours are 8:30 a.m. to 4:30 p.m. Mondays through Fridays. "To better serve county residents, I will continue to offer office hours on announced Thursdays and Saturdays to accommodate law-abiding citizens an opportunity to apply" for licenses, Groody said in the release. The fee for the license is $20 payable by check or money order, not cash, on the special extended-hours days. Checks must be made out to Schuylkill County Treasurer. Cash is accepted only during the normal office hours. Applications can be found online at www.co.schuylkill.pa.us/Offices/Sheriff/index.asp. Current license holders can only renew up to 60 days before their expiration date. Applicants must be 21 or older and will need a primary identification such as a valid Pennsylvania driver's license or current Pennsylvania Identification Card bearing the applicant's current address. Applicants must also have two references (not family members) - with full names, full addresses and phone numbers. Applications will be processed and permits will be mailed to the applicant's home address.

n Summit Hill: The Summit Hill Heritage Center is still seeking steering committee members to help with planning for the 100th anniversary of historic Ludlow Park. The center and partners will re-institute The Mule Drivers Ball, as seen in the late local historian Lee Mantz's book, for the celebration. Mantz had lived in Summit Hill and Coaldale. Locals interested in participating should contact Deb at quilterdeb@windstream.net or Lyle Mantz at Lyle2@ptd.net.

Sheppton to commemorate 50th anniversary of mine rescue

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SHEPPTON - People in Sheppton haven't forgotten the dramatic rescue of two men 50 years ago from a collapsed mine shaft just outside the small village or the miner who was never found.

They plan to commemorate the disaster, which captured the world's attention for 14 days in August 1963, the Rev. James Torpey of St. Joseph Roman Catholic Church, Sheppton, one of the coordinators, said.

Torpey asked the Most Rev. John O. Barres, bishop of Allentown, to join the parish for the event marking the 50th anniversary.

Barres will celebrate a Mass at St. Joseph Church at 6 p.m. Wednesday, which is the eve of the Feast of the Assumption. At 7:15 p.m., the community will go to the mine site, where a tombstone was placed for the lost miner, Louis Bova, Torpey said.

The bishop will bless and consecrate the grave, where people from the community, and possibly the family, will have remarks. The American Legion, which goes to the grave every Memorial Day, will salute Bova.

Following the service, a reception with refreshments for the community will be held at Sheppton-Oneida Volunteer Fire Company, Torpey said.

Torpey, who is handling the spiritual aspects of the event, said that many people from the community remember the rescue of David Fellin and Henry Throne from the Oneida No. 2 slope on Aug. 27 - 14 days after tons of rock and coal entombed them.

Rescuers drilled boreholes to reach the men - a technique never used before but one that is still used today in mining disasters, he said.

Results official for Hazleton Area special election

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Results of a special primary election in Schuylkill and Carbon counties are official.

Election bureau officials and commissioners in both counties signed off on the voter certification Friday morning and emailed the official tallies to the Luzerne County Election Bureau, which will add the numbers to its previously certified vote.

According to Carbon County's certified numbers, Democrats in the Beaver Meadows and Banks Township sections of the Hazleton Area School District went for retired McAdoo-Kelayres Elementary School Principal James Chapman in a big way. Chapman came away with nearly 21 percent of Carbon County's Democrat vote with 108 ballots.

Carmella Yenkevich took the second-highest number of Carbon County Democrat votes with 103.

Clarence John is third place with Carbon County's Democrats, collecting 79 votes, followed by Robert Mehalick, who garnered 71 Carbon County Democrat votes.

Republicans in Carbon County gave Chapman 35 votes; Mehalick, 34; and Yenkevich, 33.

The fourth-place spot on Carbon County's Republican ballot was split in a three-way tie with Jared O'Donnell, John and Fred Mariano garnering 21 votes each.

Carbon County Election Bureau Director Lisa Dart said there is no need for a tie-breaker to decide the fourth-place tie.

"There doesn't have to be a (tie-breaker) drawing because the results are added to the Luzerne and Schuylkill County numbers," Dart said.

Schuylkill County's Democrats also turned out for Chapman with 130 votes.

Schuylkill Democrats also favored John, giving him 130 votes to tie Chapman's Schuylkill tally.

Yenkevich came in third place among Schuylkill County Democrats with 129 votes, followed by Mehalick, who collected 119 ballots from Democrats in Schuylkill County.

On Schuylkill County's Republican ballot, O'Donnell collected the highest number of votes with 160. John came in second with 157, followed by Chapman with 152 and Mehalick at 141.

Combined with the previously certified Luzerne County vote, the top four candidates on the Democrat ballot would be Chapman with 2,004; Mehalick, 1,945; John, 1,862; and Yenkevich, 1,625.

On the Republican ticket, the top four candidates are Mehalick, 1,651; O'Donnell, 1,618; Chapman, 1,544; and John, 1,475.

The top four vote-getters on each ticket, Democrat and Republican, will advance to the General Election in November.

Hamburg dedicates new connection to Route 61

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HAMBURG - Hoping to bring more business to the area, state and local officials on Friday dedicated a new 1,100-foot stretch of highway leading from the borough to Route 61.

It took seven years and more than $4 million to develop this extension of the borough's two-lane Grand Street, which leads to a new intersection on Route 61 just north of the facility for Advanced H20 at 316 Front St. It opened July 17, John Leonforte, the borough's code enforcement manager, said.

"This new access will enhance development of more than 40 acres for new commercial and industrial opportunities, bringing more jobs and growth to the Hamburg area," borough Manager Marisa C. Lenceski said in a speech before a crowd of 20 on Friday at a special event staged near Grand and Front streets.

MBC Development, Schuylkill Haven, owns land bordering the north and south sides of the new stretch of Grand Street, James W. Miller, MBC president, said Friday.

"There are about 23 developable acres. They're for sale or lease and we're looking for customers. Right now, there are no signed contracts," Miller said Friday.

"I hope they start building here and put some businesses in, but I haven't heard of anything happening yet. Before, this was a dead end. Now you have a reason to go through here," Doug Vaughn, president of Fairmount Foundary, Hamburg, said.

The intersection of Grand and Front was a dead end in the borough's industrial district. Seven years ago, municipal leaders started making arrangements to cut a path through a grassy field to build a road to Route 61, Leonforte said.

The Berks County Redevelopment Authority, Reading, took the loans for the project, Cathy Miller, the authority's fiscal officer, said Friday.

"It didn't cost the borough anything but there were cases when they fronted money and I turned around and reimbursed them," Miller said.

The total project cost was still being calculated Friday but Miller said "it's between $4 (million) and $4.5 million."

Funding sources included: a $1.3 million federal Section 108 loan; $550,000 in federal stimulus funds; $250,000 in federal Community Development Block Grant funds through Berks County; and a $700,000 Pennsylvania Infrastructure Bank Loan to the Berks County Redevelopment Authority.

The general contractor was J.D. Eckman Inc. of Atglen, Chester County.

"Now that the project is complete, the borough is responsible for the upkeep of that road," Miller said.

Leonforte said the borough owns 1,000 feet of the new road and the state owns the right of way leading to the intersection.

"Today, we're here for two reasons: to formally announce to the community the new Grant Street/Route 61 access into Hamburg and to thank all the parties who have supported our efforts and have helped to make this project a reality," Lenceski said.

"We believe this project is an investment that will pay great dividends to the borough and surrounding communities. Along with improved commuter access to and from Hamburg and Route 61, we've improved access to our industrial district for companies like Advanced H2O, KMX International, Fairmount Foundry, other existing industries and yet-to-be-developed industrial sites, while moving the heavy truck traffic off of Fourth Street, allowing for a safer shopping and dining experience," Lenceski said to the crowd at the dedication ceremony.

Those present included state Rep. Jerry Knowles, R-124, and state Sen. David Argall, R-29.

"The question is always 'How can we bring more jobs to this part of our territory?' And the second question we get asked most often in Hamburg is 'Can you help with the traffic?' So getting a new way in and out, bringing more jobs here and, hopefully, getting fewer trucks to travel on your main streets, this is a win-win for everybody," Argall said.

"Any time that you can have another way to move traffic in and out of a community, it's certainly a benefit to the residents. As we stood here I watched some of these trucks come in and out and I think about the route that they would have had to take if this had not been here," Knowles said.

Ken Hollenbaugh, CFO of KMX International, said the new road will make it easier for truck traffic to go in and out of the borough.

"Some of our trailers are 13 axles long and some are 19 axles long. They're some of the largest vehicles on the road. When the trucks had to go through town on Fourth Street, it did create much difficulty for drivers. So this does make it so much more convenient. It will keep the larger trucks out of town. And this makes it so much easier for us to get onto 61 and 78," Hollenbaugh said.

"And last but not least, thank you to the late Senator Rhoades, who was instrumental in helping get this whole project started," Lenceski said.

"When we work together, we can get things done," Knowles said.

Lenceski was referring to Sen. James J. Rhoades, a seven-term senator who died Oct. 18, 2008, at Lehigh Valley Hospital-Cedar Crest after suffering injuries in a car crash the previous day. He was 66.

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