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Arraignments, April 14, 2015

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A Mahanoy Township man charged with assaulting a Mahanoy Township supervisor last year is among those scheduled to plead not guilty Thursday during arraignment in Schuylkill County Court.

Charles P. Chiao, 75, of 186 Roosevelt Drive, Morea, was charged by Schuylkill County detectives with simple assault, recklessly endangering another person, disorderly conduct and harassment in connection with the incident involving supervisors Chairman James Stevens.

The incident occurred on Oct. 16, 2014, at the township building, 1010 W. Centre St., just west of Mahanoy City.

Detectives alleged that Chiao, the husband of supervisor Sharon R. Chiao, charged at Stevens, kneed him in the groin and hip and slammed him into a table and then the floor.

The incident occurred after township police Chief Brandon Alexander had a discussion with the supervisors about two handguns that former township police Patrolman Edward Michaels had turned over to Sharon Chiao, detectives said.

Alexander, who requested that the guns be turned over to him while he investigated their proper ownership, then had a heated discussion with the Chiaos about the issue, according to detectives.

Stevens suffered a cut on the back of his shoulder as a result of the incident, detectives said

Others schedule to plead not guilty, and the charges against them, include:

Annie Morrisey, 46, of 332 W. Columbus St., Shenandoah — harassment.

Justin Markish, 19, 45 Centre Ave., Schuylkill Haven — possession of drug paraphernalia.

Richard V. Watson III, 29, of 33 Kiowa Cove, Auburn — simple assault, harassment, resisting arrest, disorderly conduct and public drunkenness.

Robin D. Smith, 55, no known address, Pottsville — possession with intent to deliver a controlled substance, delivery of a controlled substance, criminal use of a communications facility, possessing instruments of crime, possession of a controlled substance and possession of drug paraphernalia.

Nicholas D. Sansone, 24, of 402 Main St., Landingville — possession of drug paraphernalia.

Fallon M. Sincavage, 20, of 31 Deer Park Drive, Pottsville — possession of drug paraphernalia and defiant trespass.

Marissa R. Cook, 22, of 544 Forest Lane, Pottsville — possession of drug paraphernalia and defiant trespass.

Jason L. Stephany, 28, of 423 E. Arch St., Pottsville — indecent assault and indecent exposure.

David A. Toler, 28, of 14 S. Eighth St., Pottsville — possession with intent to deliver a controlled substance, flight to avoid apprehension, trial or punishment, resisting arrest, loitering and prowling at night, false identification to law enforcement and possession of a controlled substance.

Luke R. Kopp, 53, of 1817 E. Grand Ave., Tower City — simple assault and harassment.

Zachary T. Anspach, 21, of 611 Suedberg Road, Pine Grove — endangering the welfare of a child, simple assault and recklessly endangering another person.

Candace L. Colna, 24, of 51 Grant St., Schuylkill Haven — loitering and prowling at night and public drunkenness.

Ashley Capiga, 26, of 39 Schuylkill Ave., Shenandoah — possession of a controlled substance and possession of drug paraphernalia, resisting arrest and flight to avoid apprehension, trial or punishment.

Tyler Mooney, 20, of 426 E. Arlington St., Shenandoah — delivery of a controlled substance, possession of a controlled substance and possession of drug paraphernalia.

John J. Guman, 53, of 133 N. West St., Apt. 2A, Shenandoah — failure to register as a sex offender with state police and failure to verify address and be photographed.

Derek M. Hunsicker, 26, last known address of 34 Hunter St., 3rd Floor Apt., Tamaqua — possession of a controlled substance and conspiracy.

Christopher S. Bagley, 29, of 33 E. Main St., 1st Floor, Schuylkill Haven — simple assault and harassment.

Robert M. Pastucha, 30, of 109 E. Pine St., Mahanoy City — retaliation against a witness and harassment.

Thomas L. Unverdorben, 34, of 319 W. Wiconisco St., Muir — DUI, DUI-highest rate, failure to drive on roadways laned for traffic and careless driving.

Brooke E. Clement, 43, of 2135 W. Norwegian St., Pottsville — DUI, DUI-high rate, possession of a small amount of marijuana and failure to drive on roadways laned for traffic.

Stephen R. Dronick, 41, of 91 Front St., Cressona — possession with intent to deliver a controlled substance, driving under the influence of drugs, possession of drug paraphernalia, driving while operating privileges are suspended or revoked, careless driving and failure to drive on roadways laned for traffic.

Jeremy J. McHenry, 25, of 407 Wilmington St., Tamaqua — DUI, accidents involving damage to unattended vehicles or property, failure to drive on roadways laned for traffic, driving at an unsafe speed and careless driving.

Ashley N. Fry, 23, of 3 Beech St., Cressona — driving under the influence of drugs, possession of drug paraphernalia and driving an unregistered vehicle.

Kevin M. Fitzgerald, 19, of 129 Red Church Road, Auburn — DUI, driving at an unsafe speed, careless driving and illegal purchase or consumption of alcohol.

Matthew D. Seltzer, 24, of 110 Albert Blvd., Pottsville — DUI, unlawful activities and failure to drive on roadways laned for traffic.

John J. Kovach, 47, of 461 Mount Olive Blvd., Box 81, Lost Creek — DUI and DUI-highest rate.

Michelle M. Sluck, 53, of 2203 Water St., Mahanoy Plane — DUI-highest rate.

Andrew C. Hendricks, 29, of 372 W. Mahanoy Ave., Girardville — DUI, DUI-highest rate, failure to drive on roadways laned for traffic, failure to give immediate notice of accident to police and driving a vehicle without an inspection certificate.

Louis Nitolo, 48, of 120 N. Gilbert St., Shenandoah — DUI-highest rate and careless driving.

Benjamin R. Timothy, 24, of 23 Spencer St., Minersville — DUI and DUI-highest rate.

Brian V. Danchak, 42, of 272 High St., Coaldale — fleeing or attempting to elude police, resisting arrest, simple assault, possession of a small amount of marijuana, driving under the influence of drugs, stop and yield sign violations, turning movements and required signals violations, driving at an unsafe speed, reckless driving and careless driving.

Cody L. Adams, 24, of 5 E. Washington St., Port Carbon — possession of a controlled substance, possession of drug paraphernalia, driving under the influence of drugs, turning movements and required signals violations and stop and yield sign violations.

Johnathan M. Kressly, 24, of 127 Forget-Me-Not Lane, Schuylkill Haven — DUI, DUI-high rate, careless driving and failure to give immediate notice of accident to police.

John S. Dullard, 61, of 746 Water St., Pottsville — DUI, DUI-highest rate and driving without insurance.

Marleeka S. Ballard, 25, of 247 S. Wylam St., Apt. B, Frackville — DUI, DUI-high rate, driving under the influence of drugs and driving under combined influence.

Martin J. Reese, 63, of 90 N. Centre St., Box 297, Ringtown — DUI, DUI-highest rate, careless driving and standing, stopping or parking outside of a business or residential district.

John M. Salata, 60, of 147 S. Nicholas St., Saint Clair — DUI, DUI-highest rate, following too closely and violation of period requiring lighted lamps.

Charles E. Hollway, 48, of 262 Ohio Ave., Shenandoah — DUI and careless driving.

Francis M. Chatkiewicz, 56, of 232 E. Lloyd St., Shenandoah — DUI, DUI-highest rate, careless driving and accidents involving damage to unattended vehicles or property.

Jennifer L. McGovern, 43, of 691 Berne Drive, Auburn — driving under the influence of drugs and possession of drug paraphernalia.

Judy E. Hauck, 47, of 15 Graeff St., Cressona — DUI and DUI-highest rate.

Timothy A. Scanlan, 57, of 122 Mill Creek Ave., Pottsville — DUI, DUI-highest rate, failure to drive on roadways laned for traffic, driving at an unsafe speed, careless driving and failure to give immediate notice of accident to police.

Daniel A. Lentes, 25, of 1737 Centre St., Ashland — DUI, DUI-highest rate and turning movements and required signals violations.

Richard Drukker III, 63, of 49 N. Centre St., Ringtown — DI, DUI-highest rate, careless driving and limitations on overtaking on the left.

Ann E. Morris, 57, of 123 Crest St., Barnesville — DUI, DUI-highest rate, driving at an unsafe speed and failure to drive on roadways laned for traffic.

Torrey S. Mueller, 38, of 303 Penn St., Tamaqua — driving under the influence of drugs, driving at an unsafe speed and stop and yield sign violations.

Bruce A. Blankenhorn, 21, of 58 Schuylkill St., Cressona — driving under the influence of drugs and failure to drive on roadways laned for traffic.

Janelle Chikotas, 28, of 210 W. Spring St., Frackville — DUI, DUI-highest rate, failure to obey traffic control signals and failure to use seat belts.

Adam L. Sticker, 24, of 31 Mifflin St., Pine Grove — driving under the influence of drugs, possession of a controlled substance, possession of drug paraphernalia, driving while operating privileges are suspended or revoked, careless driving and driving without insurance.

Zachery J. Wright, 32, of 205 Keystone St., Muir — driving under the influence of drugs, driving while operating privileges are suspended or revoked, driving an unregistered vehicle, unauthorized transfer or use of a registration plate, careless driving, driving without insurance and failure to use seat belts.

Kevin J. Kennedy, 58, of 406 Coal St., Port Carbon — DUI-high rate and careless driving.

Lisa M. Lewis, 47, of 37 Peacock St., Pottsville — driving under the influence of drugs and careless driving.

Amie J. Corby, 23, of 1343 W. Norwegian St., Pottsville — DUI, careless driving and DUI-highest rate.

Timothy A. Heizenroth, 26, of 328 Beurys Road, Ashland — DUI, DUI-highest rate, failure to drive on roadways laned for traffic, driving a vehicle without an official Certificate of Inspection, period requiring lighted lamps and careless driving.

Susan E. Boulton, 42, of 181 Ohio Ave., Shenandoah — DUI, DUI-highest rate and careless driving.

Kenneth A. Hertzog, 55, of 10 Snyder Ave., McAdoo — DUI, DUI-highest rate, failure to notify police of an accident, reckless driving and careless driving.

Sarah Hutta, 27, of 142 E. Sherman St., McAdoo — driving under combined influence and violation of general lighting requirements.


Minersville approves promotion of street department supervisor

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MINERSVILLE — The borough council approved the promotion of a new street department supervisor at their meeting Tuesday night.

“I want to recommend to council the promotion of Ed Houser for the position of street foreman with an hourly wage increase of $1.20 an hour,” Bob Mahalchick, borough manager, said Tuesday.

The borough council also approved his recommendation to “compensate Mike Firestine $1 an hour for served as interim street foreman and it would be retroactive to the date Edward Houser was injured on the job,” Mahalchick said.

Previous borough street department supervisor Jeffrey G. Enders, 45, of 218 Middle St., handed in his resignation sometime in early March after being suspended for a simple assault. Police said Enders threatened Daisy Krevis, Middle Street, with a gun about 1:30 a.m. Dec. 22, 2014, outside Lazarchicks Cafe, 468 Sunbury St..

In street repair business, the borough council approved the purchase of a $45,7000 crack sealer for street maintenance.

“What we’ll do is seal those cracks and help prevent the formation of potholes. As you know, water gets in them and the temperature changes and in the winter and what it does is lift up and that’s what is creating the potholes. Front Street and Sunbury was done two or three years ago and it’s still holding up up there,” Mahalchick said.

Walter Miscavage, borough councilman, said he thinks the crack sealer “will pay for itself in one or two years.”

The council also approved a $3,000 quote from Tropp Contracting Inc., Pottsville, for paving roads. The council pays for the blacktop and Tropp Contracting will put it down “at the end of North Street over there by the Navy club ... Westwood Street by the township line and at the end of North Delaware Avenue,” Mahalchick said.

The council approved the trimming of 12 pear trees on the Fourth Street median by Womer Landscaping for $900 due to overgrowth. Womer Landscaping also offered to trim the Christmas tree for free and supply free fertilizer, Mahalchick said.

In blight business, a demolition bid for 46-48 Westwood St. was approved by council for $39,840 by Reilly Mechanical. Bill Davis Cement Contractor bid $69,995.

The borough council also discussed nominations for citizen of the year.

“I’d like to nominate Ed Raczka for his lifelong work for the borough of Minersville ... I know he’s received this award before, but I think it’s just fitting. I don’t know anybody that ever disliked Mr. Raczka. He was a public figure for this borough,” Miscavage said.

Miscavage later announced that he read an article in The Republican-Herald saying that Mayor Joseph Post held a meeting March 24 to obtain suggestions to better the borough. Of council members, Ian Mahal attended the meeting to listen to citizens’ concerns.

Some of the issues brought up at the March 24 meeting included sidewalk curb issues, potholes and drug issues.

“People elect in the election council members. It is our right under the constitution of the Commonwealth of Pennsylvania to administer, execute and we are all three branches of the government here ... It is (Council President) Mr. (Bill) Angelo, as president, he is the chief ... He uses his authority to appoint us to chair to deal with problems in the community. The position of mayor is ceremonial ... to kiss babies, shake hands and give speeches.”

Miscavage continued to say, “with all due respect to the office of mayor,” that Post was on council for 27 years and should have answered the public with more authority and knowledge.

Miscavage addressed each issue mentioned, including potholes which are a problem in every municipality after winter.

“Mr. Mayor, you were on council for 27 years and what did you do about potholes? ... It’s the end of winter. We have potholes. We’re going to fill the potholes. End of story,” he said.

Miscavage also addressed crowns in the road.

“There are crowns in the middle of the road. My colleague was on council for 27 years, he knows that those crowns don’t just pop up ... Without the crowns in the road, we would flood Minersville and every municipality around us,” he said.

He also mentioned curb cuts on the 17 miles of streets and highways in Minersville would cost about $5 million.

“We’re going to continue curb cuts up Sunbury Street. The mayor knew this,” he said.

Around the Region, April 15, 2015

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n Barnesville: The Ryan Township Fire Company, Route 54, will sponsor bingo games from 6 to 9 p.m. Thursdays at the firehouse. The cost is $15 for a small package and $18 for a large package. Doors and the kitchen opens at 4 p.m. and games begin at 6 p.m. For more information, call 570-778-1732. The company will stage its annual block party, this year marking its 75th anniversary from June 5-6, featuring food, games, entertainment and a truck parade.

n Cressona: Bethany Christian Fellowship will host a turkey dinner from 4 to 7 p.m. Saturday at its site, 102 Front St. The cost is $7.50 for adults and $4 for children under 12. For more information, call 570-628-4350.

n Millersburg: The Ned Smith Center for Nature and Art will continue its Sundays in the Gallery series with a “Gallery Cabaret” performance at 3 p.m. Sunday. The cost is $15 per person and center members can use coupons for 50 percent off admission. The event will feature live performances. For tickets or more information, call 717-692-3699. More is also available at www.nedsmithcenter.org.

n New Ringgold: Friedens Lutheran Church, 525 Church St., will stage a basket auction from 8 a.m. to 5 p.m. May 16 at the church. Items will include Disney park tickets and tickets to local events. There will be a multi-family yard sale from 8 a.m. to 3 p.m. The kitchen will be open all day and there will also be a bake sale. A shop-and-drop will be held from 6 to 8 p.m. May 15. For more information, call 570-943-2835.

n Orwigsburg: The Blue Mountain Elementary East free Health and Wellness Fair will be held from 10 a.m. to 2 p.m. Saturday at the school, 675 Red Dale Road, sponsored by the school PTO. The event will include community vendors, games, activities, helmet and car seat safety, an Eagle Trail walk, healthy foods bake sale and door prizes. For more information, call 570-449-2329.

n Pottsville: In a recent report regarding Pottsville Rotary Charities, President Gary Scheib said the charities board, on the club’s 100th anniversary project, authorized the donation of $7,000 to the Schuylkill YMCA for development of the Pottsville Rotary Club Computer Lab and $1,500 each to Pottsville Area School District and Nativity BVM High School as technology grants. According to the Rotary Bulletin, the Rotary District Conference will be held May 1-3 in Camp Hill with baseball Hall of Famer Cal Ripken Jr. as the keynote speaker.

n Pottsville: The Nativity BVM High School Class of 1966 is planning a 50-year reunion and an organizational meeting is set for 7 p.m. April 29 at the Pottsville Zone, 337 Peacock St. Any interested class members are welcome to attend.

n Saint Clair: The Schuylkill Showstoppers, a new county performing troupe that is the “brainchild” of Lois Ann Maley, Emily Ehlinger and Sally Bair, is seeking its inaugural cast and sound person, according to a press release. Auditions will be held from 6:30 to 8:30 p.m. Thursday at LA Dance Theatre Inc., 41 N. Second St. All interested high school- or college-age vocalists, dancers, actors, musicians and performing artists are invited to audition. To register to audition, email to schuylkillshowstoppers@gmail.com. Students interested in the sound person position should email Bair at sbair@epix.net.

n Saint Clair: The East Norwegian Township Fire Company will host a buffet breakfast from 7:30 a.m. to noon Sunday at the firehouse. The cost is $8 for adults and $4 for children ages 5 to 12. Takeouts will be available. The company hosts the breakfasts the third Sunday of every month. A Family Fun Night from 5 to 8 p.m. on Monday at Friendly’s near Fairlane Village mall will benefit the fire company. For more information, call 570-429-0867 or 570-449-6354.

n Schuylkill Haven: Special Olympics of Schuylkill County will have The Paterno Family Island 5K Run starting at 9 a.m. Saturday at Island Park, Fritz Reed Street. The course is a trail run around the Island Park with a short distance through a flat, quiet neighborhood before returning to the Island for a final lap. The cost ranges from $10 to $20 and all proceeds will benefit athletes involved with Special Olympics of Schuylkill County. A one-mile fun run/walk on the Island Park trial will follow the 5K. Call 570-294-2423.

Mahanoy City requesting bids for trash collections

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MAHANOY CITY — The borough council decided to stay with the status quo Tuesday involving trash collection and solicit bids from companies to provide sanitation services.

Borough council voted unanimously at Tuesday’s meeting to advertise for bids. In order to decide what avenue the borough should go in its trash collection, borough Manager Daniel L. Lynch asked residents during the last few weeks for their input on what option that would prefer. The three options were:

Option 1: The borough would allow each individual resident to make arrangements with a private hauler certified by the state Department of Environmental Protection.

Option 2: The borough continues by contracting with the lowest bidder for trash collection and collecting the fees (global contract).

Option 3: The borough contract with a private hauler to not only collect trash, but also take on collecting payments and deal with past-due bills.

Before accepting public input at the beginning of the meeting, Lynch read a prepared statement explaining the trash collection situation and what option will be brought to a vote later into the meeting. The statement was to answer any questions anticipated about the matter.

“Recently, the borough solicited the opinion of the public regarding the matter of how to proceed with trash collection in the borough of Mahanoy City,” Lynch read. “The borough has steadily fallen behind with keeping current with payments to our current contracted hauler, Kreitzer Sanitation. The current balance due as of today is $178,360. The borough was seeking opinions on how to proceed and was weighing a few options.”

Lynch later read, “The issue for the borough is this: Is the risk of potential garbage problems arising in trash disposal from a free market approach greater than the monetary risk that citizens may bare in a global contract approach?”

Lynch said the plan was to stay with a global contract and work on the debt.

“At this time, the borough council is planning to continue on through the use of a global contract bid for a dedicated hauler and also taking steps to address and prevent the accumulation of debt by providing this service,” Lynch read. “The council will immediately begin searching for the services of a debt collection agency or firm to assist in recovering our current outstanding receivables and to help prevent the growth of future receivables. The current money that is owed to the borough exceeds that which the borough owes to Kreitzer Sanitation.”

Lynch added, “Also, there are no current plans to raise garbage rates specifically to address the existing debt as the borough feels the collectable amount owed to the borough exceeds the debt itself. The borough will also redefine when certain actions are taken in regards to collection in order to prevent growth of debt. The debt to a future hauler cannot be permitted to grow in this fashion, and with these collection procedures in place, any further growth of debt would have to be addressed with raises in the rates for garbage collection. If the added use of a collection agency, in addition to our own actions, proves adequate, hopefully this can be avoided.”

No questions or comments about trash collection were made during the public portion.

Borough solicitor Michael A. O’Pake said during his report that the borough is taking legal action on garbage delinquents.

“We have filed judgments at the courthouse against a number of individuals who are delinquent on their garbage accounts,” O’Pake said. “We’ve taken them to the magistrate and now are taking the next step by going to the courthouse. Some are fairly large, and in the near future I would suggest that borough council seriously consider filing for sheriff’s sale on some of those properties that have the larger delinquencies.”

O’Pake told the council that it could consider the sheriff’s sale option and proceed on it at the May or June meetings.

Council Vice President Raymond Cavenas said some delinquencies have a high balance and some have lived in the borough for generations.

Councilwoman Patti Schnitzius said, “There always has been action taken at the magisterial level.”

“When you take a look at the list (of delinquencies), and that’s something you’re entitled to look at, there is one that I just filed for a judgment at the courthouse was $4,500,” O’Pake said. “Now, that $4,500 accumulates because there are automatic interest and penalty charges added every bill. That being said, there are people who have not paid for a couple of years and it gets that high.”

Lynch added, “We did start internal collection procedures in 2013 where we have someone specifically trying to work collections. At the time, it was about $190,000. Now we’re at $178,000. In a sense, we stemmed the growth of the debt, but we’ve come to realize that we really get into making a dent into the collectable that are owed because we can’t do the volume to collect on that money. We do believe it is collectable and that’s why we’re bringing in a collection agency.”

Another person asked whether the borough could publish the names and addresses of the delinquencies, which O’Pake said is not an option.

“It is something that we can disclose under the Right to Know Act, but we can’t print their names in the paper in order to embarrass them because it’s against the Fair Debt Collection Act. The act does not allow you to take any kind of action that will publicly embarrass someone who owes a debt. I don’t write the law,” he said.

Another suggestion was identifying the delinquents so that the trash collectors do not pick up that household’s trash. Code Enforcement Officer William F. Killian III said that was tried but failed.

“We would give a list to the garbage haulers and I would go around at 4 o’clock in the morning and mark the bags,” Killian said. “The unfortunate part is that the trash stays in the street and we would have to pick it up.”

Killian said that after some time, those residents would change the bags after he left the block or would wait until after he left to put the bags out.

“It got to the point that we weren’t catching anyone,” Killian said.

Superior Court panel hears 3 county cases

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Almost six hours into the state Superior Court’s session Tuesday in Pottsville, two local lawyers finally faced the three-judge panel hearing cases from across eastern and central Pennsylvania.

“Your trip to Pottsville gets you two attorneys from Schuylkill County,” Martin J. Cerullo, Pottsville, told Judges Cheryl L. Allen, Mary Jane Bowes and Christine L. Donohue.

Cerullo and Frederick J. Fanelli, Pottsville, took opposite sides in the case of Blackwood Inc. v. the Reading, Blue Mountain & Northern Railroad Co., but they shared the same sentiment in welcoming the court’s first visit to Schuylkill County.

“It’s a great honor to have you here,” Fanelli told the judges.

Bowes, in turn, recalled the late President Judge G. Harold Watkins, Ashland, who headed the court from 1974-78.

“I remember with great fondness his stories of Schuylkill County,” Bowes said.

Founded in 1895, the state Superior Court includes 15 regular and four senior judges, who usually sit in three-member panels to hear cases. It hears appeals from county courts in all cases except death penalty appeals, which are heard directly by the state Supreme Court, and ones involving the state and its political subdivisions, which are heard by the Commonwealth Court.

Most Superior Court sessions are held in Harrisburg, Philadelphia or Pittsburgh. The court decides more than 8,000 individual cases annually involving civil, criminal, domestic relations and other fields of law.

The panel will resume hearing cases at 9:30 a.m. today in Pottsville.

In the Blackwood case, the panel is hearing that company’s appeal from the 2014 decision of county Judge James P. Goodman, who ruled the Reading, Blue Mountain & Northern owns the land under which its tracks run through Reilly Township. Those tracks pass through 2,300 acres Blackwood owns, but Goodman decided that state law gives the railroad possession of the land and bars the company from challenging that right.

Cerullo said the company now wants to claim it has a right to a private crossing of the railroad line, which has existed for more than 150 years.

“It is not Blackwood’s desire to see the railroad torn out,” he said.

Cerullo said the railroad would not be prejudiced by allowing Blackwood to seek such a crossing.

“It’s premised on the statute,” he said of Blackwood’s claim.

Fanelli said this was the first time Blackwood had said it did not want to see the railroad torn up, which would be absurd.

“No one has claimed it has been operating without appropriate authority,” Fanelli said.

He said Blackwood is not entitled to a private crossing, since such a claim can be made only by the owner of the property when the railroad is built. The railroad has spent hundreds of thousands of dollars in this case and should not have to spend more battling a baseless claim, Fanelli said.

The judges heard from two more Pottsville lawyers, Dirk S. Berger and James P. Diehl, in the next case, S&R Coal Co. v. Rausch Creek Land LP, who argued about a road easement and relocation of utility lines.

Berger, who represented Rausch Creek Land, said the company did not violate an agreement between the parties and was trying to build the road so the lines could be constructed on it.

“Rausch Creek Land was not attempting to re-engineer this agreement,” he said.

Diehl disagreed.

“They just went and changed the path,” he said.

Diehl also said because Rausch Creek Land violated the agreement, S&R is entitled to have its costs and attorney fees paid.

“The lower court had no ability to annul anything,” he said. “There is no problem to be solved.”

In the third local case, Tremont Health & Rehabilitation Center asked the court to enforce a provision of its contract with Shirley Washburn, the administratrix of her husband’s estate, that requires a dispute to be submitted to arbitration.

The center alleged the Federal Arbitration Act requires enforcement of the provision, while Washburn said she did not have the authority to sign the provision on behalf of her husband and the agreement is unenforceable.

Neither the center nor Washburn is represented by a county attorney.

Bowes said the panel will try to decide the cases within 90 days.

Mahanoy City man arrested on drug charges

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MAHANOY CITY — A borough man was jailed Monday night after being arrested by Mahanoy Township police on drug charges.

Chief Brandon Alexander said Joshua J. Mooney, 27, of 420 E. Railroad St., was charged after an incident about 6 p.m. on Vulcan Hill.

Mooney was arraigned by on-call Magisterial District Judge Stephen J. Bayer, Tamaqua, on charges of possession of a controlled substance and possession of drug paraphernalia. He was then committed to Schuylkill County Prison unable to post $10,000 straight cash bail.

Alexander said police were conducting a drug investigation and while doing so received information from Mahanoy City police Patrolman Thomas Rentschler that a vehicle containing heroin would be traveling through Mahanoy Township.

A police informant told officers that he received a telephone call from Mooney asking for a ride to Hazleton to purchase a “brick” of heroin.

Police also learned that Mooney was wanted on an active warrant issued by the Schuylkill County Domestic Relations Office, Alexander said.

Alexander said he and township Patrolman Elliott Burlett staged in the area of the Vulcan Hill and waited for the suspected vehicle.

When the black Nissan passed officers, Alexander said, Mooney could be seen sitting in the front passenger seat.

A traffic stop was conducted and the police informant confirmed that there was heroin inside the vehicle.

While speaking with Mooney, Alexander said, the man confirmed that he had six white glassine baggies in his waistband. The bags contained white powder that tested positive for heroin, the chief said.

Mooney was subsequently taken into custody and advised of his Miranda Rights, after which he asked for an attorney and chose not to answer any more questions, Alexander said.

Mooney will now have to answer to the charges at a preliminary hearing before Magisterial District Judge Anthony J. Kilker, Shenandoah.

Deeds, April 15, 2015

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Deeds

Coaldale — Bank of America NA to 278 E. High Street LLC; 278 E. High St.; $7,250.

Frackville — Bernard J. Tomko, trustee of the Tomko Family Trust, to Bernard J. Tomko; 262 S. Lehigh Ave.; $1.

Bernard J. Tomko, trustee of the Tomko Family Trust, to Bernard A. and Pamela M. Tomko; 264 S. Lehigh Ave.; $1.

Girardville — Margaret A. Yesalavage to Michael G. Yesalavage; property at Second Street and Mahanoy Avenue; $1.

Pine Grove Township — Joseph G. Groody, sheriff of Schuylkill County, to U.S. Bank NA; 521 Suedberg Road; $1,500.43.

Porter Township — Carol M. Lebo, executrix of Estate of Mahlon B. Schaeffer, to Steve L. Schade; property at Center Street and Clarks Valley Road, Orwin; $37,000.

Pottsville — Joanne M. Clare to Imobiliaria LLC; 412 Wheeler St.; $15,000.

Reilly Township — Andrew J. Valosin, administrator of the Estate of Richard T. Valosin, to Edward Kieffer Sr. and Karen Taylor; two properties; $18,000.

Births, April 15, 2015

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Reading Hospital, West Reading

To David and Sarah East McKeown, Pottsville, a son, April 13.


Superior Court panel starts session in Pottsville

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For the first time ever, the Superior Court of Pennsylvania held a session Tuesday in Schuylkill County, as lawyers from across eastern and central Pennsylvania presented appeals of a wide range of cases.

“We try to keep them moving forward,” Judge Mary Jane Bowes said of the cases she heard in Courtroom 1 with fellow Judges Cheryl L. Allen and Christine L. Donohue. “We saw some really excellent attorneys argue.”

At least 100 people, including lawyers and local students, watched at least some of the arguments, in which the judges considered whether to affirm or reverse decisions from the state’s 60 common pleas, or trial, courts.

All three judges will return today for a second session, which is scheduled to begin at 9:30 a.m. and will be preceded by a breakfast hosted by the county Bar Association and its Young Lawyers Division at 8 a.m. at the county Law Library.

Each of the arguments lasted between 15 and 30 minutes, with the judges frequently asking questions to clarify and develop the issues fully.

The lawyer for the appellant — the party challenging the trial court’s ruling — presented his or her case first and could reserve part of the time for rebuttal of the opposition’s arguments. Then, the lawyer for the appellee presented his or her case.

County Sheriff Joseph G. Groody said the judges are receiving complete protection from his office.

“We’re in charge of escorting them to and from their destinations the entire time they’re here,” Groody said Tuesday. “We have extra security for the courtroom. They’ll basically be under our security the entire time they’re here.”

In probably the most important of Tuesday’s arguments on a statewide level, William C. Costopoulos, Lemoyne, urged the judges to invalidate the Pennsylvania Rule of Criminal Procedure that allows prosecutors to use only hearsay evidence to prove their case at a preliminary hearing.

“This issue needs a ruling,” Costopoulos, whose clients have included former state House Speaker H. William DeWeese and former state Sen. Jane C. Orie, told the panel. He said the panel has the right to declare the rule unconstitutional, as a violation of a defendant’s Sixth Amendment right to confront and cross-examine witnesses, even though the state Supreme Court enacted it.

“It’s part of the criminal process,” Costopoulos said, referring to a defendant’s preliminary hearing.

Dauphin County Assistant District Attorney Francis T. Chardo III argued that the Supreme Court is the final authority on the state Constitution and that the panel should accept the rule’s constitutionality.

“The commonwealth has the same right to a jury trial as the defense does. We have the right to a jury making credibility determinations,” Chardo said.

Prosecutors did not rely exclusively on hearsay at the preliminary hearing, Chardo said.

The defendant in the case, David E. Ricker, 50, of Harrisburg, is charged with shooting a state police trooper on June 1, 2014, in West Hanover Township, Dauphin County.

Other cases dealt with such diverse topics as the admissibility of prison policy standards in a prosecution of corrections officers in York County for allegedly having prisoners fight each other; a Susquehanna County case involving the termination of a father’s parental rights; and a child pornography case from Juniata County.

Bowes said most of the cases are decided within 90 days, although they will try to decide the family law ones within 45 days. She said the judges will make sure in each case that all aspects are carefully considered.

“We try to make sure the law is fairly and evenly applied,” Bowes said.

Ryan Township reviews options for road program

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BARNESVILLE — The Ryan Township supervisors are in the process of determining which streets will be included in this year’s road program.

The subject was discussed at Monday’s meeting in light of what is available in the budget to do as many repairs as possible. Supervisor Vice Chairman Clyde “Champ” Holman said road foreman John “Jack” Blew will provide a list of priority areas.

“We’ve been reviewing it, revising it, and we’re going to have road foreman Jack Blew do a priority listing of what he thinks should be done, and we’ll have (project manager) Bill McMullen of the ARRO engineering firm review the numbers,” Holman said. “Then we’ll see where we go from there. The hard winter took its toll. A small community like ours could use a million dollars for roads and it probably still wouldn’t be enough. We have less than $100,000 to put into the roads.”

At the December 2014 meeting, Holman called for getting the road program started earlier this year.

Township solicitor Christopher Riedlinger said that a signed contract with Delano Township for police protection is in hand. Ryan Township has been providing police service to Delano for several years. The new contract is open-ended and can be canceled by either party with a 30-day notice. The contract provides for police coverage of 15 hours per week at $25 per hour.

Holman spoke about receiving an email complaint that a massage parlor was operating in a residential area. McMullen, who is the code enforcement officer, investigated the complaint and spoke to the property owner. After one month of investigation, McMullen determined there was no evidence of such a business at the location.

Holman said the 2014 audit was completed by the accounting firm of Lettich & Zipay CPAs, Pottsville.

“Everything looks good. All is in order,” Holman said.

The township continues to search for a dump truck to replace an aging vehicle. Holman said Blew had researched a Pennsylvania Turnpike Commission road truck being sold for $52,000, but since it had been damaged in an accident, the supervisors passed on the purchase.

“We need another truck for the road crew. The newest truck we have right now is 1986 and it was a PennDOT (state Department of Transportation) truck,” Holman said. “We’re either going to look for used or else have to go out and buy a brand-new one.”

Police log, April 15, 2015

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Police investigate

battery burglary

HAMBURG — State police at Hamburg are investigating a burglary that occurred between 3 p.m. Nov. 14, 2014, and 1:20 p.m. Tuesday at 1253 Mountain Road, Windsor Township, Berks County.

Police said that someone cut a lock on the fence at a Sprint Cellular Corp. building and stole 12 Alcatel Lucent 12-V batteries, weighing about 105 pounds each.

Police said the batteries were most likely taken to a recycling/scrap yard.

Anyone with information about the theft can call state police at Hamburg at 610-562-6885.

Ringtown advertising ordinance for multiple issues

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RINGTOWN — The borough council voted at Monday’s meeting to advertise an ordinance that will deal with quality of life issues that include snow removal, parking restrictions and trash.

The ordinance provisions are similar to those found in many quality of life ordinances adopted in local municipalities, but the focus is only on a few violations rather than ordinances that deal with a wider number of violations. Enforcement would be similar with the issuing of tickets for violations.

“This is an ordinance to do with snow removal, weed violations and other issues,” borough solicitor S. John Price said.

“This is a condensed quality of life ordinance that we talked about,” Mayor Albert Breznik Jr. said.

Price had planned to advertise the ordinance in its entirety, but the cost was prohibitive to the borough’s budget. He recommended that a summary be advertised.

“There is an option that you advertise a summary that simply says we are going to adopt an ordinance pertaining to weeds, rubbish, snow removal, and that full copies will be in the law library (at the county courthouse) and in the borough office and that the public has a right to inspect it,” Price said.

Councilman James Compton Sr. motioned to advertise, with Councilman Burton Hetherington provided the second. The vote was 3-0.

The first part of the ordinance deals with matters involving snow, sleet, ice and hail. Section I requires individuals, companies, and other responsible parties to remove frozen precipitation from sidewalks within 24 hours after a storm event ends. Section II prohibits the removed materials into a public street. Section III prohibits the placing of the frozen material in a location to obscure visibility or obstruct/impede access to a fire hydrant.

Section IV requires the removal of vehicles, recreation vehicles, boats, trailers and others when a snow emergency is declared by the mayor on the following streets:

• East Main Street (both sides) from Centre to Fourth Street.

• East Main Street (south side only) from Fourth Street to the dead end.

• West Main Street (both sides) from Centre Street to the end of West Main Street.

• North Centre Street (both sides) from Main Street to the borough line.

Section VII adds that it is unlawful for any person to park or permit a vehicle to stand unattended on any street that the borough has the duty to maintain during any snowfall and after three or more inches of snow has fallen, drifted or accumulated.

Violators will have their vehicles towed at the owner’s expense.

Section V prohibits the accumulation of rubbish or garbage, the clean-up of animal waste/feces in order to prevent an unhealthy, unsanitary, dangerous or offensive living condition, disposal of rubbish and garbage/dumping, prohibiting high weeds, grass or other plant growth and prohibiting the placement or littering of private advertising matter.

False rape charges hearing continued

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ELIZABETHVILLE — A preliminary hearing for a Reamstown woman charged with falsely accusing a man of raping her was continued Tuesday.

Amanda M. Wertz, 26, of 75 N. Reamstown Road, Box 448, was scheduled to appear before Magisterial District Judge Rebecca J. Margerum but the hearing was continued at the request of the woman’s defense counsel.

Court officials said a new date has not been scheduled.

Wertz was charged by state police Trooper Joel Zimmerman of the Lykens station with reporting that she was raped at a home in Lykens on Sept. 9, 2014, knowing that the accusation was false.

Zimmerman charged Wertz with two misdemeanor counts of unsworn falsification to authorities, and one misdemeanor count each of false reports to law enforcement, tampering with or fabricating physical evidence and false reports to law enforcement authorities.

Zimmerman said that about 2:15 a.m. Sept. 10, Wertz reported that she was forcibly raped by a man inside a home on West Market Street in Lykens.

When interviewed, the man accused of the crime told investigators he met Wertz on an Internet dating site and that the two had consensual sex on two occasions. The man also showed police sexually suggestive text messages Wertz sent to him, Zimmerman said.

Zimmerman said he spoke with Wertz on Feb. 26 and, at that time, the woman said she was telling the truth about the forced rape and that she believed the man’s wife sent the sexually suggestive messages from her cellphone.

The trooper said he re-interviewed Wertz on March 15, at which time she said she spoke about the matter with her mother who told her to be truthful.

Zimmerman said Wertz then told him she had consensual sex with the man and that she made up the rape charge because she was mad at him and at herself for cheating on her boyfriend.

That same day, Wertz provided a written statement that she made up the rape charge, saying she was mad because after the two had consensual sex the man was ignorant to her and called her names.

The man who Wertz claimed committed the crime was never charged, Zimmerman said.

Minersville repairs street sweeper

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MINERSVILLE — Street department employees have taken to borough streets this week with the newly repaired street sweeper.

“(The street sweeper) is doing a good job. We’ve been going up and down streets all day today and on Monday,” Ed Houser, borough street department laborer, said Tuesday while sweeping Fourth Street with Mike Firestine, borough street department laborer.

The borough street department is “trying to get the bugs out this week,” Houser said. With only a few minor issues Monday, the sweeper has been running pristine.

Though the Elgin brand street sweeper has been borough property for more than 10 years, it was unused for the past two years due to required repairs and unavailable funding.

“A lot of the repairs were on the hydraulics ... Hydraulics run the brooms on the sides of the machine and under it. The whole undercarriage where the giant broom is had to be replaced, too,” Houser said.

Repairs commenced over winter up until the past weekend. All repairs were done in-house by borough laborers.

“Thank God we’ve got guys who can repair the sweeper. Doing the repairs in-house saved us a lot of money,” Houser said.

Acquiring additional funding proved difficult.

“We had to get money for repairing potholes and repairing trucks from the salt and snow on top of repairing the sweeper,” Houser said.

The borough street department must continue to balance street sweeping between winter snow plowing and plow repairs, filling potholes as well as recycling between four employees.

“Between snow plowing during the winter and the wear and tear on the plows it’s hard,” Houser said. “It’s hard to do all of it with four guys. It’s been really tricky but we find a way.”

While street sweeping requires one street department laborer, recycling every Wednesday takes three workers all day — sometimes two days, he said.

The borough street department is excited to have the sweeper running again.

“It’s like opening up a new toy,” Houser said. “We’re excited. It hasn’t been running in a long time.”

Street sweeping will continue between pothole filling and will be announced depending on school hours and town events, Houser said.

The borough council approved Houser to be promoted to street department supervisor as per the recommendation of Bob Mahalchick, borough manager, at their meeting Tuesday night.

Criminal court, April 15, 2015

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A Pottsville woman remains free, at least temporarily, after a Schuylkill County jury could not agree Tuesday on whether she participated in a fight in June 2014 at a Mahanoy City bar.

Amanda L. Addvensky, who is charged with conspiracy, simple assault, recklessly endangering another person and disorderly conduct, went home after the jury of seven men and five women did not reach a verdict after deliberating more than three hours.

Judge Cyrus Palmer Dolbin, who presided over the one-day trial, then declared a mistrial and sent the jurors, who had said they were hopelessly deadlocked, home.

Mahanoy City police alleged Addvensky and two of her friends conspired to, and then did, assault Kimberly Franklin on June 7, 2014, at McGuire’s bar after the latter allegedly tried to get the defendant’s boyfriend’s phone number.

Addvensky testified she did not do anything to Franklin, although she was upset at her.

Assistant District Attorney Keith D. Hoppes prosecuted the case, while Jeffrey M. Markosky, Mahanoy City, defended Addvensky. Since there was no verdict, prosecutors can retry Addvensky without violating the constitution ban on double jeopardy.

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:

Jonathan Stefanick, 30, of Tamaqua; DUI; six months in the intermediate punishment program, $300 fine, $100 Substance Abuse Education Fund payment, $50 payment to the Criminal Justice Enhancement Account, $60 restitution to Schuylkill Medical Center-South Jackson Street and 20 hours community service. Prosecutors withdrew charges of operating with unsafe equipment and failure to drive at a safe speed.

Cody R. Tatro, 20, of Hazleton; possession of a prohibited weapon, DUI and possession of drug paraphernalia; 72 hours to six months in prison, 12 months consecutive probation, $1,000 fine, $100 SAEF payment, $50 CJEA payment, $460 restitution to Schuylkill Medical Center-South Jackson Street and 60 hours community service. Prosecutors withdrew charges of possession of a small amount of marijuana and improper sunscreening.

Brandon R. Wentz, 34, of Schuylkill Haven; DUI and disregarding traffic lanes; 10 days in prison, 40 days house arrest with electronic monitoring, 40 days strict supervision, three months probation, $775 in fines, $100 SAEF payment, $60 restitution to Schuylkill Medical Center-South Jackson Street and 20 hours community service. Prosecutors withdrew charges of failure to drive at a safe speed and careless driving.

Shelley A. Yushock, 32, of Harrisburg; no contest plea to two counts of simple assault and one each of forgery, identity theft, resisting arrest and false identification to law enforcement; six to 18 months in prison, $50 CJEA payment, $2,746 restitution, 120 hours community service and submission of a DNA sample to law enforcement. Prosecutors withdrew two counts of aggravated assault.

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


County muncipal board votes on sewer contract

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The Schuylkill County Municipal Authority approved Tuesday the submission of a proposed contract for operation and maintenance of Port Clinton’s collection and conveyance system.

Deadline to submit is Friday, Patrick Caulfield, SCMA executive director, said. Systems Design Engineering Inc., Leesport, the engineering firm for Port Clinton, put out a request for proposals for the operation and maintenance of the system, which collects and moves waste.

“They have a new system and it is under construction now,” Caulfield said.

Port Clinton has on lot systems that are failing, borough council President Barry Reppert said by phone. State law mandates that there is a method in place for the disposal of sewage.

Caulfield said the ongoing project for the construction of the collection and conveyance system involves a gravity sewer system that consists of 6,400 feet of 1 1/2-inch, 2-inch and 3-inch low pressure sewer lines and 45 grinder pumps. A grinder pump is used to grind waste and put it into a sewer system. A pumping station that conveys sewage would go to the Hamburg Wastewater Treatment Plant. The project area in question is located in Port Clinton, West Brunswick Township and Windsor Township and Hamburg. Those in Port Clinton borough and an area of Route 61 will be serviced by the new system, Caulfield said.

Reppert did not know the exact cost of the project but said it is a little more than $4 million. Grants and loans will pay for the project.

He said the project started about a year ago and could be finished soon. Michael Pohronezny, president of Systems Design Engineering Inc., said the work could be finished “by early summer.”

Reppert said the borough has about 260 residents, accounting for about 120 residences. The Three C’s Restaurant and a ranch home in West Brunswick will also connect, he said. The pumping station is going to be located behind the firehouse in the borough. About 38 homes will have grinder pumps that are necessary because of the topography of the land and everyone else will be on the gravity system, Reppert said. Those who need the grinder pumps will have to pay to have them installed and an inspection fee. Applications are available for assistance to qualifying individuals. Reppert said. He did not know how much it would cost to install the grinder pumps. Monthly bills could be $72 to $74.

In other news, the board voted to approve a $15,800 proposal by Gannett Fleming Inc., Camp Hill, for a study of the Kauffman and Mount Laurel Reservoirs. Amy S. Batdorf, the authority’s assistant director, said the study will use sonar to get to correct depth and capacity of the reservoirs. With that information, mapping software will then be used to help in the safe yield study. The board approved last month a $44,000 proposal by engineering consultant Gannett Fleming Inc., Camp Hill, for an investigation into the Mount Laurel and Kauffman reservoirs. The investigation would gather more data on water sources for the reservoirs and what amount of usage from those sources is considered a safe yield of water. The study will aid a renewal submission for the reservoir operation permits.

The Mount Laurel subsystem gets its water from two sources: the Mount Laurel Reservoir and the Kauffman Reservoir. When additional water is needed, the Gordon well is used.

The municipal authority does not have a plan in place to regulate water usage. Batdorf said previously that having such a plan would improve efficiency in events such as a drought emergency. Presently, workers drive to both reservoirs to check the levels when such a situation occurs.

Criminal court, April 16, 2015

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An Ashland man returned to prison Tuesday after a Schuylkill County judge sentenced him on drug-related charges.

William J. Smith, 33, must serve six to 12 months in prison and undergo a drug and alcohol evaluation, Judge James P. Goodman ruled.

Goodman imposed the sentence after revoking Smith’s probation, which the defendant admitted violating, for the second time.

Smith originally pleaded guilty on April 24, 2013, to possession of a controlled substance and possession of drug paraphernalia, with prosecutors withdrawing two additional counts of possession of a controlled substance and one count each of adulterated or misbranded controlled substance, disorderly conduct and violation of rules on commonwealth property.

At that time, Goodman placed him on probation for 12 months and also sentenced him to pay costs, $100 to the Substance Abuse Education Fund, $50 to the Criminal Justice Enhancement Account and $302 restitution to the state police crime laboratory in Bethlehem, all of which Smith still must pay under the terms of Tuesday’s sentence.

Tuscarora State Park officials alleged Smith possessed drugs and paraphernalia on June 2, 2012, in the Ryan Township section of the park.

Goodman first revoked Smith’s probation on Aug. 27, 2013.

Also on Tuesday, Goodman revoked the probation of J.L. Ramos, 24, of Saint Clair, and sentenced her to serve two to 12 months in prison and undergo a drug and alcohol evaluation.

Ramos, who admitted violating the terms of her probation, originally pleaded guilty on June 18, 2014, to retail theft. At that time, Goodman placed her on probation for 12 months, and also sentenced her to pay costs, a$50 CJEA payment and $99.57 restitution, all of which Ramos still must pay under the terms of Tuesday’s sentence.

State police at Schuylkill Haven charged Ramos with committing the theft on Feb. 11, 2014.

Orwigsburg zoning board votes on development plan

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ORWIGSBURG — The Orwigsburg Planning and Zoning Board met Wednesday and voted on proposed amendments to the borough zoning ordinance requested for a proposed development.

For more than two hours, the board met in borough hall and heard from the public. Jerome Skrincosky, president of Hawk Valley Associates PC, Mohnton, also asked questions on behalf of the Rhodes Organization, Boyertown.

The Rhodes Organization is seeking to develop a 29.725-acre site along East Market Street between Breezy Acres Road and Kimmels Road. They want to put a 400-unit rental development there for different age groups. The board of supervisors gave prior approval in 2009 for the Pine Creek Retirement Community. The plan was to be for people 55 and older with no children and included underground parking. However, the idea now is for a Pine Creek Adult Community that would not permit children. This involves parking above ground due to the cost of creating an underground lot, Skrincosky said.

The company requested five amendments to the zoning ordinance. One dealt with the prohibition of children from the community, the second addressed the size of parking spaces and the third defined a landowner at the community. The fourth mentioned a definition in the ordinance. The fifth requested change was that the 100-foot setback in the current ordinance should apply to “a principal building” versus a structure. Steve Dellinger, the borough planning consultant, said the existing ordinance says no structures can be within 100 feet of a property line.

The board voted on each of the issues. The board did not recommend the first amendment change to the borough council, the second and third ones were recommended, the fourth was removed by agreement between the board and Skrincosky, and the board voted not to recommend the fifth change.

Skrincosk’s lawyer, Gretchen Coles Sterns, said the decision by the board was not a defeat for the proposal.

“We look forward to being in the community,” she said.

Borough Manager Robert Williams said the council will be notified of the action the board took Wednesday. The council will then seek its advice of the borough solicitor before proceeding. Williams said the issue could be discussed at the next council meeting.

Deeds, April 16, 2015

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Deeds

Branch Township and Minersville — Christopher L. and Carrie A. Costic to Christopher L. Costic; 500 Pottsville St.; $1.

Butler Township — Clayton J. Chappell, individually and as executor of the Last Will & Testament of Yvonne Walacavage, and Eleanor J. Chappell to Matthew J. and Kate Harnish; 873 Mountain Road, Helfenstein; $25,000.

Coaldale — Bruce Surotchak to Charles E. and Sandra L. Cox; 251 E. Seventh St.; $119,000.

East Brunswick Township — Anthony J. Sr. and Dusty S. Mizic to Wesley J. and Allison M. Klein; 9.6148-acre property; $72,000.

East Norwegian Township and Saint Clair — Thomas M. and Betty Jean McNulty to Skad Solutions LLC; 51 Ann St.; $325,750.

Gilberton — Evelyn Tokarczyk, Steve Homya and Olga Pollack to Irene Lewandowski; 1020 Main St.; $20,000.

Evelyn Tokarczyk and Olga Pollack to David J. and Kelly Lewandowski; 1022 Main St.; $150.

Hubley Township — Kenneth L. Kembel, executor of the Estate of Shirley J. Kembel, to Kenneth Kembel, Keith Kembel, Vivian Peery, Kerry Kembel, Kimberly Secrest, Kendra Kembel Elliot, Kristy Derk, Tammy Rasche and Michelle Wadley; 41 Pine Creek Road; $1.

Mahanoy City — Anisa Kane to Mariel Flores; 421 W. Mahanoy Ave.; $500.

Orwigsburg — JPMorgan Chase Bank NA to Secretary of Housing and Urban Development; 316 W. Mifflin St.; $1.

Pine Grove Township — Imobiliaria LLC to Jared T. Henry and Erin L. McQuait; 24 Parallel Road; $179,000.

Porter Township — Merle L. Lebo to Ross E. and Diana L. Baker; 304 W. Wiconisco St., Muir; $144,900.

Pottsville — Zubeda Ghosh to ASR Investments LLC; 25 Walter Griffiths Ave.; $1.

Rush Township — Constance Watko, individually and as trustee of the trust for the benefit of Matthew Cichon, Dianne Hoffman, Louis Cichon and Corinne Sheridan to Diane M. Cichon; 274 Lake Drive, Lake Hauto; $1.

Saint Clair — Patricia A. Myro to Wells Fargo Bank NA; 38 N. Front St.; $10.

Marsha Ann Chwastiak, administratrix of the Estate of Sonia A. Chwastiak, to Marsha Ann Chwastiak and Lydia Chwastiak; 147-153 N. Nicholas St.; $1.

Deborah Brown to Angel Romeu and Vanessa May Setlock; 121 S. Nicholas St.; $29,000.

Shenandoah — Sean H. Fogarty to Legacy Management Partners LLC; 302 W. New York St.; $1.

Dennis D. and Kathy M. Hitz to Govflo LLC; 133-135 S. Main St. and 132-134 S. Market St.; $60,000.

Joseph M. Zukowski to Joseph M. Zukowski Sr. and Joseph M. Zukowski Jr.; 217 W. Cherry St.; $1.

Fogarty Property Management LLC to Legacy Investment Trust; 404 W. Penn St.; $1.

Washington Township — Terry Noll, Ryan A. Schaeffer and Jeremy M. Schaeffer to Ryan A. Schaeffer and Jeremy M. Schaeffer; 3 Frantz Road; $1.

Wayne Township — Daniel R. Wagner and Darryl R. Wagner to Daniel R. Wagner; 576 Schwartz Valley Road; $1.

West Brunswick Township — Herold and Laura Kroh to Shawn Michael Krause; 2232 Market St.; $145,900.

Elliot G. and Allison C.O. Fink to Professional Investors Group LLC; 901 Village Road, Pinebrook; $124,000.

West Mahanoy Township — Frank and Mary Theresa Patrick to Frank Patrick Jr.; 247 N. Line St.; $1.

Anne Murray, administratrix of the Estate of Robert Monaghan, to Christopher and Mary Beth Quinn; property on Main Street, Lost Creek; $60,000.

Tax Claim Bureau of Schuylkill County to Francis B. Green Jr.; 71 New Road; $150.

Pottstown brewery dedicates new ale to Schuylkill River Trail

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A brewery based in Pottstown will celebrate Earth Day this year by introducing a new seasonal beer to salute the 130-mile Schuylkill River Trail.

“It’s made by Sly Fox Brewery, and it’s a new beer dedicated to the Schuylkill River Trail, which starts in Philadelphia just below the art museum and continues in a series of sections up to Landingville in Schuylkill County,” Laura Catalano, communications director for the Schuylkill River Heritage Area, Pottstown, said Tuesday.

Alessandra Chialastri, manager of Brewery Odds and Ends at Sly Fox, said the new product is called Schuylkill River Trail Ale. The company planned to can the SRT Ale on Wednesday and today.

Sly Fox Brewing Co. will launch it with a promotional event at 8 p.m. tonight at Hucklebucks, 114 E. Norwegian St., Pottsville, and a five-day trek from Schuylkill County to Philadelphia called The SRT Spree, which will begin Friday morning and end Wednesday, which is Earth Day. Participants can either hike along the river or row it with a kayak or canoe.

“On Earth Day, we’re planning to have SRT Ale available at retailers in Schuylkill County,” Brian O’Reilly, the brew master at Sly Fox, said Tuesday.

“And a portion of the proceeds from the sale of the beer will benefit the Schuylkill River Heritage Area,” Catalano said.

“It’s the equivalent of a dollar per case. The cost of a case varies by county. It’s between $30 to $33 on average,” O’Reilly said.

Schuylkill River Heritage Area Executive Director Kurt D. Zwikl said Tuesday he wasn’t sure how much that portion will amount to at the end of the trail season in October.

“We really have no idea. It really depends on the beer-drinking public. But the funds will go back into trail work and trail construction, depending on how much it is,” Zwikl said.

The Schuylkill River Heritage Area is managed by the nonprofit Schuylkill River Greenway Association, founded in 1974 as an organization focused on the preservation of the riverfront in Berks and Schuylkill counties, according to its website at www.schuylkillriver.org.

While paths of the Schuylkill River Trail were forged by hikers more than 50 years ago, the Schuylkill River Heritage Area started work to further develop sections over the years. According to a 2009 survey of the entire Schuylkill River Trail done by the Rails-To-Trails Conservancy, there were more than 800,000 trail visitors in 2008.

The Giannopoulos family opened the Sly Fox Brewhouse & Eatery in Phoenixville in December 1995. Its brewery at 331 Circle of Progress, Pottstown, opened in January 2012 and Sly Fox beers are currently available in Pennsylvania, New York, New Jersey, Delaware, Maryland, Virginia and Washington, D.C., according to its website at www.slyfoxbeer.com.

Last summer, Sly Fox Brewery invited the Schuylkill River Heritage Area to promote the trail at a September music festival held in Pottstown. Soon afterward, brewery representatives asked the Schuylkill River Heritage Area about entering into a partnership to develop the new product, Zwikl said.

“We have an affinity for the trail. Our owner, John Giannopoulos, enjoys riding his bike on the trail. And we’ve brewed beer before for special products for special events and nonprofits,” O’Reilly said.

“We thought it was an interesting idea. We took the idea to our board of directors and they endorsed it. And we allowed them to use the trail logo we developed several years ago. So, we’ve allowed them to use the logo, to promote the trail with the production of the beer, and we’ll also promote the beer to indicate they are partners with us to promote the Schuylkill River Trail,” Zwikl said.

Zwikl, who has been executive director of the Schuylkill River Heritage Area for 12 years, believed this was the first time a product had been tied to the promotion of the Schuylkill River Trail.

The agreement included a formula for how much the Schuylkill River Heritage Area would make out of the deal.

“I believe it’s one dollar a case. They also have a formula for a quarter, a half and a full keg of beer,” Zwikl said.

Sly Fox will present the Schuylkill River Heritage Area its share in October at the end of the traditional trail season, Zwikl said.

“I guess that will become an annual event depending on if people buy the beer, if it’s something that’s successful for them. But we’d look to renew this initiative at the end of each year. We’ve signed the agreement with the understanding that it will continue subject to their sales numbers,” Zwikl said.

“And we’re hoping it’s wildly successful,” O’Reilly said.

The exact starting location of The SRT Spree is not yet determined, O’Reilly said Tuesday.

“Reminiscent of Lewis and Clark, the SRT Spree will include a two-man-team representing Sly Fox Brewing Company,” O’Reilly said.

Those men are Corey Reid, the sales manger and beer ambassador for Sly Fox, and Todd Palmer, Virtual Farm, Phoenixville, the artist who designed the SRT Ale can. During the five-day trek, both will be carrying flags promoting the beer.

“And every day of the Spree there’s a public event,” Reid said.

“The SRT Spree is not an organized group excursion, but fans are welcome to travel along any segment of the journey or the entire trip. Participants who do this do so at their own effort and risk and are 100 percent responsible for their travel to and from trail heads and their own safety,” Catalano said.

Meanwhile, the Schuylkill River Heritage Area will be hosting clean-ups along the trail during the event, Catalano said.

They will be held at the following times and locations: 4 to 6 p.m. Friday, Port Clinton water landing, Port Clinton; 8 to 10 a.m. Saturday, Kernsville Dam Trailhead and Recreation Area, Hamburg; 2 to 4 p.m. Sunday, Union Township Trailhead and Water Trail Landing, Birdsboro; 4 to 6 p.m. Monday, Schuylkill Canal Association, Lock 60, Mont Clare; 2 to 4 p.m. Tuesday, Manayunk Trailhead, Manayunk; and noon to 2 p.m. Wednesday, Schuylkill Banks, Philadelphia.

People interested can call Catalano at 484-945-0200.

“All volunteers receive a voucher to taste the SRT Ale,” Catalano said.

While trail users may be tempted to share a six-pack on their hike, Catalano said, “you can’t drink alcohol on the trail.”

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