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Steroid bust defendants and their charges

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A list of the 13 defendants arrested in Operation Gym Candy, and the charges filed against them, as reported by the office of Pennsylvania Attorney General Kathleen Kane:

- Brian Laubach, 36, 1225 5th Ave., Berwick; manufacturing anabolic steroids, two counts; corrupt organizations, two counts; delivery of anabolic steroids; possession with the intent to deliver anabolic steroids; possession of anabolic steroids; conspiracy to deliver anabolic steroids; dealing in unlawful proceeds; conspiracy to deal in unlawful proceeds.

- Marc Laubach, 36, 1225 5th Ave., Berwick; dealing in unlawful proceeds; conspiracy to deal in unlawful proceeds.

- Paul Dougal, 31, 935 Country Club Road, Apt. 2, Bloomsburg; manufacturing anabolic steroids; delivery of anabolic steroids; possession with intent to deliver anabolic steroids; possession of anabolic steroids; conspiracy to deliver anabolic steroids; corrupt organizations, two counts; dealing in unlawful proceeds; conspiracy to deal in unlawful proceeds.

- Richard Piccarreta, 49, 75 Wood St., Plymouth; manufacturing anabolic steroids; delivery of anabolic steroids; possession with intent to deliver anabolic steroids; possession of anabolic steroids; conspiracy to deliver anabolic steroids; corrupt organization, two counts; dealing in unlawful proceeds; conspiracy to deal in unlawful proceeds.

- Keith Kilgus, 40, 600 Bloom St., Apt. 1, Danville; delivery of anabolic steroids, two counts; possession with intent to deliver anabolic steroids, two counts; possession of anabolic steroids, two counts; conspiracy to deliver anabolic steroids, two counts; corrupt organizations, two counts.

- Brian Clarke, 24, 239 1st St., Hanover Township, Luzerne County; delivery of anabolic steroids, four counts; possession with intent to deliver anabolic steroids, four counts; possession of anabolic steroids, four counts; conspiracy to deliver anabolic steroids, four counts; corrupt organizations, two counts; illegal use of a communication facility.

- Matt Valanoski, 25, 833 W. Spruce St., Coal Township; possession of anabolic steroids. According to a docket sheet from the state's online web portal, he also is charged with felony counts of knowledge that property is proceeds of illegal act, corrupt organizations and conspiracy, and a misdemeanor charge of drug possession.

- John Koch, 24, 505 Chestut St., Hanover Township, Luzerne County; possession with intent to deliver anabolic steroids; possession of anabolic steroids; delivery of anabolic steroids; criminal conspiracy to deliver anabolic steroids; corrupt organizations, two counts.

- Nick Baloga, 44, 2223 Capouse Ave., Scranton; possession with intent to deliver a controlled substance, two counts; possession of anabolic steroids, two counts; conspiracy to deliver controlled substances, two counts; corrupt organizations, two counts; illegal use of a communication facility.

- Kyle Goyne, 23, 58 Brown St., Ashley, Luzerne County; delivery of anabolic steroids; possession with intent to deliver anabolic steroids; possession of anabolic steroids; conspiracy to deliver anabolic steroids; corrupt organizations, two counts; illegal use of a communication facility.

- John Taffera, 39, 328 Highlark Drive, Larksville, Luzerne County: delivery of a controlled substance; possession with intent to deliver a controlled substance; possession of anabolic steroids; conspiracy to deliver anabolic steroids; corrupt organizations, two counts; illegal use of a communication facility.

- Sheree Senausky, 29, 169 Staub Road, Trucksville, Luzerne County; delivery of a controlled substance, three counts; possession with intent to deliver a controlled substance, four counts; corrupt organizations, two counts; illegal use of a communication facility.

- Pete Fischer, 54, 1 Brown St., Ashley, Luzerne County; possession of anabolic steroids; illegal use of a communication facility.

- Kristen Pietrzyk, 27, 340 E. Broad St., Nanticoke; possession with intent to deliver a controlled substance, two counts; delivery of a controlled substance, two counts; illegal use of a communication facility. Her charges are ancillary to the investigation, and she is not accused of operating within either of the alleged drug rings.


Report: SCI-CT deputy super was rude to officers after DUI suspected accident

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COAL TOWNSHIP - A deputy superintendent at the state prison was allegedly under the influence of alcohol and belligerent toward police while another person tried to take the blame for an accident near the facility Sept. 20.

According to a criminal complaint filed by Coal Township Police Wednesday, Michael Miller, 50, of Danville, responded unfavorably to police when asked to consent to a blood test, saying he is second in command at SCI-Coal Township.

Miller was charged with driving under the influence of alcohol, accidents involving damage to an attended vehicle or property, duty to give information and render aid, failure to give immediate notice of an accident, reckless driving and careless driving. A preliminary hearing is scheduled for Tuesday, Oct. 28.

The crimes stem from a Sept. 20 accident at the intersection of Route 61 and Hospital Road.

Coal Township Cpl. Terry Ketchem said previously Miller was driving a Ford truck on 16th Street toward Route 61 when his vehicle struck the rear end of a Dodge coupe operated by Jesse Bright, 30, of Shamokin, who was stopped at a red light.

No injuries were reported.

Finding the driver

In the complaint filed by township police Patrolman Edward Purcell Jr., Ketchum reported he spoke with Bright and his passenger, Jillian Bright, but could not locate the truck's driver. When the officer began to contact Northumberland County Communications to inform them the driver had fled, he was approached by Louis Morris, identified in the criminal complaint as a prison employee under Miller's authority.

Susan McNoughton, a press secretary for the state Department of Corrections, reported Morris is a captain at SCI-Coal Township and employed as a shift commander.

Morris told police the driver did not flee, but was around the corner. He then tried to contact the owner.

A short while later, Miller walked up to Ketchem and said he is the owner of the truck. When the officer asked Miller who was driving the truck, he allegedly responded, "I don't think I have to tell you that."

Ketchem asked Miller for his name; Miller gave Ketchum his driver's license. The Brights identified Miller as the driver of the truck, saying they had to help him out of the driver's seat.

Ketchem told Purcell he suspected Miller of being intoxicated, and Purcell asked Miller to conduct field sobriety tests. While walking to the area where the field tests were to be conducted, Miller appeared to stagger, according to the complaint.

Purcell asked Miller if he had been drinking and the deputy superintendent said he felt that it was a trick question and was not going to answer it.

Morris asked Purcell if he had to conduct the tests "right here." Purcell said yes and asked Morris to leave. Morris said people were leaving work at the prison and he didn't want them to see the deputy superintendent conducting field sobriety tests. Purcell instructed Morris to leave the area or he would be arrested.

Miller was given one field sobriety test, and due to its result and Miller slurring his speech when speaking with the officer, Purcell arrested him for driving under the influence.

False information

Purcell noticed Morris directing traffic at the intersection and letting traffic go toward the accident scene. When told to stop, Morris told police he was the driver of the truck, not Miller.

The officer told Morris he knew he was not the driver because the people in the other vehicle identified Miller. Morris again stated he was the truck's driver.

The officer informed him giving false information about an accident is a crime, and that he was not driving because Morris was not covered with powder from the airbag and Miller was. Morris then dropped his statement.

After Miller again refused to submit to chemical blood testing, Morris asked if he could speak to Miller. Purcell said they needed to find someone who wasn't intoxicated to take custody of him. Another employee on scene had Miller released into their custody.

After being released, Miller refused to sign the implied consent form and complained the handcuffs were too tight.

McNoughton could not give any information on Miller's status at the prison or on any disciplinary action, calling it a personnel matter within the Department of Corrections.

Coal Township Police Chief William Carpenter said Wednesday officers are still conducting interviews, but did not believe Morris would be charged for his actions at the scene.

Judge to determine if too much time has elapsed in Swaboski case

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SUNBURY - An ex-teacher accused of being drunk when he allegedly drove into a group of teens in 2012 could be cleared Friday of criminal charges if a county judge finds that prosecutors took too long to bring his case to trial.

Northumberland County Judge Charles H. Saylor will decide if the time elapsed while the case was on appeal to the state's high courts and following a continuance awarded to the prosecution would be counted as part of the 365 days necessary to try Victor E. Swaboski III. He will consider legal briefs and testimony from a hearing held Wednesday morning when issuing his order.

Police allege Swaboski, 41, of Mount Carmel, had a blood-alcohol level of 0.225 percent March 28, 2012, when he drove a Jeep into a group of five teenagers walking along the Locust Gap Highway near Mount Carmel Area Elementary School. Swaboski was apprehended and arraigned that night. He is charged with 14 crimes, including two felony counts of aggravated assault while driving under the influence.

William C. Cole, assistant district attorney, argues that only 195 eligible days have elapsed in the case. He cites continuances from both parties as well as the prosecution's appeal of the dismissal of four felony charges. It resulted in an approximate 400-day delay while the case was at both the state Superior and Supreme courts. Such time is ineligible, and prosecutors have until Aug. 9, 2015, to try the case, Cole says.

Defense attorney Arlen R. Day II, of Pottsville, says the District Attorney's Office has not acted with due diligence in bringing the case to trial within one year of his client's arrest, as required by the state's Rule 600. An order to suspend the case was never granted from either of the high courts when the appeal was under consideration. A court order would be necessary under the state's rule 1313 to stall the proverbial clock, he says. He also called the appeal frivolous and said it lacked merit, noting that it was denied by both courts.

Cole disputed the notion that an order was necessary, saying that Day had no case law to back the assertion. Citing case law himself, he said a trial court would have no justification to hear any matter that is under appeal at the Superior Court. Day then countered that the case law doesn't apply to the Supreme Court, and that his argument holds.

Day filed the motion to dismiss July 31, 855 days after the accident. It came one day before a previously scheduled pre-trial conference. Trial was to commence Aug. 21.

Should the charges be dismissed, Day believes the case couldn't be re-filed because the statute of limitations has expired. Cole wasn't so sure, noting that appeals on Saylor's decision could be filed. Should an order be issued Friday dismissing the charges, Cole says it wouldn't mean an end to the case.

Swaboski took the stand for less than five minutes on Wednesday, stating that he'd never agreed to waive the 365-day time limit. Under cross-examination by Cole, the defendant noted that his attorney did not oppose the prosecution's request to continue an omnibus pre-trial hearing in 2012, resulting in a 119-day delay.

Kevin O'Hearn, deputy court administrator, and Tricia Cotner, administrative assistant from the District Attorney's Office, both testified Wednesday. O'Hearn spoke of the difficulty in rescheduling the omnibus hearing, since at least a half-day was needed in court. Cole noted then the county had three judges and more than 4,300 combined in criminal and civil cases. Cotner testified to the authenticity of a count of criminal cases filed in county court in 2012.

Day attacked the testimony of both. He said the docket count was irrelevant. Since some cases are withdrawn or settled out of court, it wasn't clear how many of those cases were active when Swaboski's own charges were filed. O'Hearn said it wasn't clear that the District Attorney's Office was prepared to take the case to trial in August, as scheduled. Cotner said she had no way of knowing the status of the cases counted from the 2012 docket.

The hearing adjourned for 20 minutes when Cole was unable to answer Saylor's request as to how many days the prosecution believe remains to bring the case to trial.

Day argued that the prosecution didn't meet its burden of proof, but Cole countered that legal briefs and case law back the District Attorney's Office in that Swaboski's right to a prompt trial hasn't expired.

Swaboski was employed at the time of the accident as an elementary teacher with the Shamokin Area School District. He subsequently resigned. An online search doesn't indicate if his teaching license remains active. It does not, however, note any discipline has been taken against him by the state Department of Education.

Civil lawsuits filed by four of the teenagers injured in the accident remain pending the outcome of the criminal case.

13 nabbed in steroid bust

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HARRISBURG - A Coal Township man was among 13 people arrested as part of two alleged transnational anabolic steroid rings - a low-level defendant in a high-profile case.

The arrests were announced Wednesday by the Pennsylvania Attorney General's Office. Defendants include a would-be NFL lineman, three prison guards, an ex-guard and a probation officer.

Dubbed "Operation Gym Candy," prosecutors said more than 90,000 anabolic steroids pills were among the illegal substances seized. The drugs had a street value estimated at $500,000. Raw materials to manufacture anabolic steroids were allegedly imported from China.

The arrests culminate a 17-month investigation by agents of the state attorney's Bureau of Narcotics Investigation and Drug Control. One ring allegedly operated out of Montour, Northumberland, Columbia, Luzerne and Lackawanna counties and shipped to dozens of states including Hawaii. All charges were filed in Luzerne County.

The Associated Press said defendant Brian Clarke was an undrafted free agent offensive lineman who was released by the Dallas Cowboys after suffering a groin injury. The Cowboys said he remained on the roster until last week, when his injury settlement became official. He had played at Bloomsburg University.

Defendants also include the current or former probation or corrections officers: Marc Laubach, Columbia County Probation officer; Richard Piccarreta, former Montour County Prison officer; Nick Baloga, Lackawanna Prison guard; John Taffera, Luzerne County Correctional Facility guard, and Pete Fisher, Luzerne County Correctional Facility guard.

Local man

Matthew Valanoski, 25, 833 W. Spruce St., Coal Township, was also arrested. He has ties to three of the alleged distributors, one of whom he identified as a former landlord.

According to a criminal affidavit, Valanoski confessed to buying steroids from Piccarreta and Paul Dougal, both of Plymouth, at least five times this spring at a cost of $1,250. He's also accused of giving Brian Laubach 10 and 12 Green Dot MoneyPaks or other prepaid credit cards, often receiving $200 in exchange that was transferred into his own PayPal account. Prosecutors said he received liquid and powder steroids from Brian Laubach early this year.

Valanoski for a short time rented a residence from Brian Laubach at 712-714 Shuman St., Catawissa, he reportedly told authorities.

A press release said Valanoski is charged with one count of possession of anabolic steroids. According to a docket sheet from the state's online web portal, he also is charged with felony counts of knowledge that property is proceeds of illegal act, corrupt organizations, conspiracy, and a misdemeanor charge of drug possession. He was released on $50,000 unsecured bail. A preliminary hearing is scheduled for 1 p.m. Oct. 14 before Magisterial District Judge Rick Cronauer, Wilkes-Barre.

$16,000 weekly

Brian Laubach's operated mostly online, prosecutors said. He allegedly shipped up to 300 packages and earned about $16,000 weekly. More than 90,000 anabolic steroids pills, 2,800 vials; gallons of unpackaged manufactured liquid anabolic steroids; kilos of raw anabolic steroids and $445,000 cash were seized at his home in Berwick, the press release states. Laubach allegedly hid the proceeds in the name of his brother, Marc Laubach.

Additional materials to make steroids were seized at Dougal's home, along with more than 10,000 pills and 112 vials of anabolic steroids.

Prosecutors said Brian Laubach, Piccarreta and Dougal imported raw materials from China. They allegedly worked from their homes, stuffing anabolic steroids into caplets or cooking the raw materials to fill vials. The liquid was able to be injected. Keith Kilgus, of Danville, is accused of working for both rings by picking up the imported materials and delivering them to the three suppliers, as well as shipping packages for both rings.

Sheree Senausky, of Trucksville, allegedly operated a prescription drug ring involving Dougal and Baloga, of Scranton. Investigators said some members of the steroids rings used the drugs themselves, and believe some took prescription drugs to alleviate pain caused by excessive exercise and weight lifting.

Area lottery winners took home $32K

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HARRISBURG - The amount was lower than in recent months, but August's listing of area Pennsylvania Lottery winners of $1,000 of more boosted the yearly total to three-quarters of a million dollars.

Area lottery players took home just $32,034 in prizes of $1,000 or more, the biggest winners being Big 4 players Danielle Poplaskie, of Shamokin, and Judy Letcavage, of Paxinos, winning $2,500 each. So far in 2014, winners have claimed $751,288 in prizes in the area.

Winners are:

Ashland

- Richard Yeager, $1,000, On a Roll, $3 ticket.

Catawissa

- Boyd Dressler, $1,000, Aces and 8s, $5.

Coal Township

- Ned Kerestetter, $1,000, $1,000 Frenzy, $10.

- Joseph Ramer, $1,000, $1,000 Frenzy, $10.

- James Searls, $1,000, $1,000,000 Golden Ticket, $20.

- Barbara Wilk, $1,000, Daily Crossword, $3.

- Yvonne Loeper, $1,000, Gold Mine, $3.

Dalmatia

- Ryan Schaffner, $1,000, $1,000 Frenzy, $10.

Danville

- Jennifer Ulrich, $1,000, $1,000 Frenzy, $10.

- Douglas Milks, $1,000, $1,000 Frenzy, $10.

- Dale English, $1,000, $1,000 Frenzy, $10.

- Hiteshkumar Patel, $1,000, $1,000 Frenzy, $10.

- Aaron Shultz, $1,000, $1,000,000 Golden Ticket, $20.

- Dorothy Penman, $1,000, Million Dollar Multiplier, $20.

- Brenda Artley, $1,000, Three Million, $30.

- Robert Davies, $1,025, Match 6, $1 bet.

Elysburg

- Jose Rojas, $1,000, $1,000 Frenzy, $10.

- Robert Leffler, $1,000, Million Dollar Multiplier, $20.

- Joseph Gorzkowski, $1,000, Million Dollar Multipler, $20.

Locustdale

- Veronica Zimmerman, $1,000, Daily Crossword, $3.

Mount Carmel

- Frank Doone, $1,000, $1,000 Frenzy, $10.

- Joseph Namet, $1,000, $1,000,000 Golden Ticket, $20.

Paxinos

- Judy Letcavage, $2,500, Big 4 (day), 50-cent bet.

- Judith Saunders, $1,010, Match 6, $1 bet.

Shamokin

- Daniel McGaw, $1,000, $1,000 Frenzy, $10.

- Matthew Sherman, $1,000, $1,000,000 Golden Ticket, $20.

- Jessica Wilk, $1,000, Daily Crossword, $3.

- Danielle Poplaskie, $2,500, Big 4 (night), 50-cent bet.

CT commissioners approve land bank letter of intent

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COAL TOWNSHIP - A letter of intent was approved Thursday by Coal Township commissioners toward joining a land bank being organized by the Northumberland County Planning Commission.

Officials from Shamokin and Mount Carmel Township joined representatives of Coal Township and the county at a recent meeting to discuss the land bank initiative, according to township manager Rob Slaby.

With its vote Thursday, township officials didn't commit to anything. Final approval would still be needed to joint the venture, plus a $1,000 buy-in.

Pennsylvania adopted law in December 2012 authorizing a local government with a population of 10,000 or more, or a partnership of municipalities, to create a land bank. It is independently governed, and has no power of eminent domain. It can obtain properties through purchase, lease or transfer - targeting properties with delinquent taxes due. It can also apply for grant funding.

The theory is to demolish and develop a blighted parcel or rehabilitate a deteriorated property, sell it and return it to local tax rolls. Preference would be given to the land bank at judicial sales, allowing it to cherry pick properties before they're open to the public, according to Commissioner Paul Leshinskie. Liens and claims can be lifted by the municipalities, with permission of a school district, the law states.

If a property is sold by the land bank, the proceeds are returned to it to fund other real estate projects, Slaby said. Resulting property taxes are split for five years between the land bank and the municipality.

The land bank would be operated by a panel of between five and 11 appointees. Members can include municipal officials and employees, but at least one person who is not an elected official must be appointed.

Other business

Coal Township's minimum municipal obligation (MMO) to its pension plan is about $290,000 in 2015, an estimated $100,000 more that what was owed in 2014. The state will pay about $147,000 in October 2015 to offset the cost, with township taxpayers on the hook for the rest. Commissioner George Zalar said he isn't sure if the increase will directly result in a hike in local taxes.

Robert Gusick Demolition was awarded a contract to demolish 12 S. Poplar St. The firm submitted a low bid of $28,812. The project will be funded with Keystone Grant funds. Other bids submitted were $29,490 by Northeast Industrial Services Corp. and $38,000 by SDL Construction LLC.

A proposal to award a handicapped parking space to Dale Steinhart, of 1012 W. Pine St., was tabled until next month for further consideration. There are six handicapped spots already established for residents of both sides of the 1000 block. One is situated on a side street to ease the burden of restricted spaces. Township ordinance allows four handicapped spots for any block, with exceptions considered by the commissioners.

Trick-or-treat is set for 6 to 8 p.m. Thursday, Oct. 30. Zalar noted it was not scheduled for Oct. 31 since Shamokin Area is hosting Mount Carmel Area for a football game on Halloween.

MCT officers won't be charged

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SUNBURY - The Northumberland County District Attorney has cleared four Mount Carmel Township police officers of any criminal wrongdoing related to a Sept. 1 incident in Kulpmont.

District Attorney Ann Targonski dismissed "speculation and inaccurate information" surrounding allegations that a firework was tossed at a police cruiser, allegedly sparking a chase with an on-duty Kulpmont patrolman.

"There is absolutely no evidence that anything was thrown at the officer or his vehicle nor was there any high speed pursuit involved," Targonski said in a press release issued Thursday.

Charles Gasperetti, chairman of the Mount Carmel Township Board of Supervisors, questioned the district attorney's decision, but wouldn't speak in detail. An internal, non-criminal investigation continues, and he said the township will request reports from the state police and the district attorney. The four officers remain on suspension. He said any decision the township makes on the officers' status with the department will be made publicly.

"Obviously the district attorney's decision will dictate to some degree what we can and cannot do," Gasperetti said Thursday.

State Trooper Phil Davis of the Milton station investigated the incident involving the four off-duty officers: full-time patrolmen David Stamets and Matthew Filarski, and part-time patrolmen Patrick McAndrew and Michael Pitcavage. Davis met Thursday with Targonski.

"After consultation and review with (Davis), I have determined that any activity that occurred is not criminal in nature," Targonski said.

When reached for comment, Davis said traffic citations or warnings may be filed. He wouldn't elaborate on what violations occurred or who among the officers would potentially receive a citation or warning. Further comment was sought from Targonski, who said there were stop sign violations.

No details

Kulpmont Patrolman David Tomtishen was on duty Sept. 1 when an incident occurred. Details haven't been released by law enforcement.

Multiple sources said previously that Stamets was accused of driving an unlicensed, unregistered Jeep with his fellow officers as passengers. In what was reportedly meant as a prank on Tomtishen, someone inside the Jeep allegedly tossed a lit firework at his cruiser near the traffic light at Sixth and Chestnut streets.

The firework exploded, Tomtishen activated his cruiser's emergency lights and siren and a chase ensued, sources say. He reportedly wasn't aware who was inside the Jeep.

The vehicles reportedly drove north on Sixth Street, turned into Marion Heights and crossed Route 54 in Mount Carmel Township and into the coal lands.

Township Patrolman Kelly Campbell assisted Tomtishen, as did officers from Mount Carmel Borough. It's not clear when the off-duty officers were confronted.

In denying the events played out as sources have said, neither Targonski nor Davis would explain what exactly caught Tomtishen's attention or what did unfold that led to the suspensions and the ensuing police investigation.

Under review

Stamets, McAndrew and Pitcavage were suspended with pay Sept. 5. Filarski began medical leave that week. He reportedly injured his hand sometime after the incident. His paid suspension was expected to begin once the leave expired.

McAndrew and Pitcavage are each employed with Kulpmont Borough's police department; Pitcavage is the chief and McAndrew works part-time. Neither were disciplined by the borough council.

Mount Carmel Township Police Chief Brian Hollenbush said Thursday he doesn't expect any administrative action prior to the township supervisors' workshop session Wednesday. He declined further comment. He previously called the allegations and the suspensions a "black eye" for the department.

Township solicitor Vincent Rovito said Thursday he hadn't spoken with Targonski and was unaware of her announcement. Regardless of the findings of law enforcement, he said there will be an internal review.

"They may have indicated that there was no conduct that was criminal, but that does not mean they are not subject to departmental sanction. They have clearly engaged in conduct that is unbecoming an officer," Rovito said.

Schuylkill County man accused of breaking baby's skull

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NEW RINGGOLD - A Schuylkill County man has been charged with assaulting a 4-month-old boy who was found in his home Monday with a fractured skull, bleeding on the brain and significant facial bruising.

Travis Garris, 25, of the 100 block of Bolichs Road, Andreas, who was caring for the infant, was charged by state police at Frackville with two counts of aggravated assault and one count each of simple assault, endangering the welfare of children and recklessly endangering another person.

He is in Schuylkill County Prison in Pottsville after failing to post $15,000 cash bail at his arraignment Wednesday before Magisterial District Judge James Ferrier of Orwigsburg.

At approximately 6 a.m. Monday, police said the victim's mother left the child in Garris' care at 211 Hughes St. while she was at work. When she left, her son was healthy and free of injury, police said. Upon returning to the home at 5:30 p.m., the mother discovered her child had significant bruising to the left side of his head.

Police said Garris attempted to dissuade the mother from taking her son to the hospital because he was worried staff members would accused him of intentionally harming the child. But the mother insisted in taking the child to the Pottsville hospital.

After being treated there, the infant was transferred by ambulance to Geisinger Medical Center, Danville, where he was found to have a fractured skull, bleeding on the brain and significant facial bruising.

Garris denied striking the child and claimed he fell; however, police said the bruising patterns were consistent with being slapped and not from a fall. Garris said he was the only person in the residence when the child's injury occurred.


Lower Northumberland Senior Action Center to receive $36K grant

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HERNDON - Pennsylvania's Secretary of Aging Brian Duke visited the Lower Northumberland Senior Action Center Thursday to announce the Corbett Administration will be providing $2 million in 2014-15 senior community center grants to 67 centers across the state.

The Lower Northumberland Senior Action Center will receive $36,000 from those grants and will use the funds to upgrade and increase the parking area.

The grant program is in its second year and is part of the largest-ever single investment in home and community based services through the Pennsylvania Department of Aging.

"This is a great example of Gov. Corbett's unwavering commitment to Pennsylvania's senior population," Duke said in a press release provided to the media. "Senior community centers are vital to older adults and to their communities, and this funding will allow for expanded programs and services in centers across the commonwealth."

Specifically, the grants will provide opportunities for centers to modernize, encourage technology improvements, expand innovative programming and better meet the needs of their current and future participants.

Also on hand at the senior center were state Reps. Kurt Masser and Lynda Schlegel Culver and state Sen. John Gordner.

Organization News: CCW and Rosary Altar Society

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MOUNT CARMEL - The Council of Catholic Women and Rosary Altar Society held a meeting Sept. 4 in the parish hall. President Theresa Conniff brought the meeting to order with the prayer to Our Lady of the Rosary and Our Lady of Good Council and the Pledge of Allegiance. The minutes were read and approved. Debbie Gownley gave the treasurer's report.

The 25 and Over Wedding Anniversary Mass was held at 4:15 p.m. Sept. 20 at Our Lady Help of Christians in Lykens. Dinner followed Mass.

The Religious appreciation dinner was held Wednesday at the Wayside Inn.

Members discussed the bakeless bake sale fundraiser. The hostesses for the next meeting will be Aggie Hornberger and Carol Panko. The meeting was closed with prayers. Refreshments were served followed by bingo.

Couple serving up old-fashioned ice cream

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ELYSBURG - A Millville couple is serving up fresh frozen treats the old-fashioned way at Knoebels Amusement Resorts' Covered Bridge Festival.

Glenda and Scott Johnson make each scoop of their soft serve ice cream using a contraption built by Scott from barrels, belts and a hit-and-miss engine.

The machine makes 25 gallons per batch and needs 20 to 45 minutes to freeze each.

Glenda said the couple came up with the idea after becoming friends with an Amish man who had a similar ice cream machine that also used a hit-and-miss engine.

They took up the man's suggestion to try to build their own, and soon they were hitting the road all summer to dish out the frozen treat at fairs and festivals across the state.

The couple makes four standard flavors at most events: vanilla, chocolate, peanut butter and raspberry. They also rotate in a fifth flavor, which is currently pumpkin.

"Do we experiment? Yes," said Glenda, laughing.

Glenda said their unique manufacturing process creates ice cream with a different texture than that found in a grocery store freezer.

"It's more icy," she described. "There's no preservatives in it."

Glenda and Scott's Homemade Ice Cream will be at the Covered Bridge Festival until Sunday. They will then visit the Ol' Country Barn Pumpkin Festival in Benton on Saturday, Oct. 11, and Sunday, Oct. 12.

Owner of St. Mary's charged in connection with fires

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MOUNT CARMEL - The owner of the former St. Mary's Roman Catholic School in Marion Heights was charged with creating a public nuisance and disorderly conduct in connection with a series of fires occurring between June and September at the building.

John W. Pickin, 55, of 1804 Old Bloom Road, Danville, was told by firefighters battling the Sept. 21 blaze that he would likely face charges.

At the time, Pickin said he had been attempting to make good on a deal with Mount Carmel Township code officer Don Geary to clean up the property within 30 days or face public nuisance charges.

The Sept. 21 blaze began when workers were using torches to cut and remove steel beams in the back addition of the building, which had been heavily damaged during a fire June 17. On Sept. 5, a similar blaze occurred when workers cutting steel with a torch ignited wood decking.

Pickin told police that when the fire broke out Sept. 21, he tried to bring a water truck to the scene, but it would not start.

Geary has been working with Pickin on securing and stabilizing the building at 672 Marion Heights Highway. According to the criminal complaint, the former school was condemned and considered unstable after the June fire. It is also considered a hazard to the public because there is no way to secure the building.

Organization News: Our Lady of Hope Council of Catholic Women

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COAL TOWNSHIP - The Catholic Council of Women met at Our Lady of Hope Church rectory to plan upcoming events.

Minutes of the previous meeting were read by Dolly Yocum, secretary. They were approved and placed on file.

Members were informed about the Sept. 21 deanery meeting at Our Lady of Hope. Tables for the deanery meeting were decorated by Theresa Burns.

The appreciation dinner for the all religious was held Wednesday at the Wayside Inn.

Confirmation is scheduled for 11 a.m. Saturday, Nov. 8. Bishop Ronald Gainer will be available for photos. Refreshments will be served.

A bakeless bake sale will be held Nov. 1 and 2. Envelopes will be distributed after Mass.

The meeting was closed with a roundtable of prayers followed by 10 Hail Mary's.

Refreshments were served.

Memorials: Mount Carmel Area Public Library

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Mount Carmel Area Public Library

MOUNT CARMEL - The Mount Carmel Area Public Library is grateful for the following donations, its most important and basic source of income for

Birthday memorials

Patricia A. Broda from Evelyn Bailoni.

Krista (Mazurkevich) Fracalossi Sept. 20 from Mom and Dad, her nieces, Jillian and Courtney and her nephews, Jonathan, Stephen and Derek.

In memory of

Evo Andreatti from Leo and Joan Ferrari; Helen Gudlinski; Dr. Hirsch and his staff; Helen Pavis and family.

John H. Artman from Mount Carmel Disabled Veterans Chapter No. 129.

Emma Aurand from Catherine Bolesta.

Carrie Barella from Irene Casari; Rita Criniti; Barbara Hartley; Judy and Tom Matukaitis; Lucy Smith.

Catherine Brandt from Mount Carmel VFW Ladies Auxiliary No. 2110.

Robert Brass from Mary Hirsch; Mount Carmel Township Class of 1944.

Constance Catino from Albert Catino and family.

Mary Cimino from Jerry Criniti; Joseph, Carol, Joseph and James D'Amico; John and Dianne Darrah; Aaron and Kelly Domanski; Sylvia Hynoski; Roman and Susan Kenenitz; Ted and Jackie Matlow; Tom and Gayle Pivarnik and family; Mr. and Mrs. Ronald J. Shopinski; John and Carol Strocko; Boy Scout Troop No. 174.

Rev. Lawrence R. Coakley from Joseph, Carrol, Joe and Jim D'Amico; Loretta Fantanarosa; Jeff Kanezo; Karen and Reed Messmore; Gerard and Karen Miscavige; Tom and Gayle Pivarnik and family; Amy Watkins and family.

Colleen deManicor from Pam and Joe Begis; Martha B. Knisley; friends and colleagues of her son Tony deManicor at TE Connectivity.

Joseph "Jazz" Diminick from Robert and Claudia Chesney.

Roland "Ronnie" Evans from Jim and Gingie Britton; Sylvia Hynoski; Ann and Elaine Polinski; Leon and Mary Kay Polites; Mary M. Rudisill; Joyce Yodis.

Robert B. Fanella from Mount Carmel Disabled Veterans Chapter No. 129.

Gerald Galonski Gallen from Mount Carmel Jr./Sr. High School Class of 1956.

Nancy Goodelunas from Bonnie and Matthew Cooper; Bonnie and Wally Janusz; Helen Pavis and family; Pat Sempko.

Edward Gragilla from Phil and Pat Augustine; Rick and Gloria Catino; Rita Criniti; Linda and Michael Novakoski; Nancy Schu.

Shirley Hale from Joyce Yodis.

Barbara Hampton from John and Dianne Darrah; Johnny Darrah and Rachael Hughes; Kelly and Aaron Domanski; Amanda Feudale, Clayton and Joel Emery; Debbie and Tony Feudale; Dan and Helen Gudleski; Sylvia Hynoski; Betty Jarosiewicz; Tom and Gayle Pivarnik; Ron and Virginia Shopinski; John, Judy, Julia and Jon Skinner; Richard Zinda.

Charles W. Hertzog from Mount Carmel Disabled Veterans Chapter No. 129.

Gary Hixson Sr. from Evelyn Bailoni; Pam and Joe Begis; Mr. and Mrs James Boylan; Maria and Artie Catino; Jim Darrup; the Else family; Mr. and Mrs. Alex Filahoski; Barbara Hoffman; Sue and Larry Joyce; Bill, Marie and Diane Joraskie; Mr. and Mrs. Paul Kostenbauder; Joseph Liptock; Ted and Jackie Matlow; Audrey and Gerry Miroz; Janette Piccarella; the Skonecki family; Lisa and Michael Skopatz; Larry and Sharon Stankiewicz; Elijah Watkins and family; Marilyn and Jack Williams and family; Roseann Wills; Richard Zinda.

Helen Jablonski from Gloria Leschinskie.

John James from wife Virginia; son Don James; daughter Patti and John Karycki and Tyler, Kyla and Alyssa; daughter Jenny Karycki and Todd, Tanner and Cooper; Phil and Pat Augustine; Pam and Joe Begis and family; Loretta Fantanarosa; Anita Moffitt; Helen Pavis and family; Marty Puchalski and family; Gloria Radzai; Rosanne and John Wesoloskie and family.

Kathy Karycki from Pam and Joe Begis and family; Virginia and Don James; David and Anne Pizzoli; Richard Zinda.

Michael Katch Sr. from Mr. and Mrs. John Corbacio; John and Mary Mazurkevich.

Tonya Kehler from Larry and Sharon Stankiewicz.

John Labota from Don and Marianne Millard.

Virginia Lindenmuth from Millie Collier and family; Anita Moffitt; Rosanne and John Wesoloskie and family.

Daniel Malakoski from Evelyn Bailoni.

James A. Martin from Maria and Artie Catino; Gloria and John Fogel; Tom and Gayle Pivarnik and family; John and Carol Strocko.

Anna Mihalik from Carol Ozlanski.

Mary Lou Miller from Shawn and Ann Krehel.

Mary Mostick from Jim Kealy; Patty and Lenny Kimsal; Bill McAndrew and Lisa D'Amico; Fritz and Ellie O'Hearn; Leon and Mary Kay Polites.

John H. Murray from Fritz and Eleanor O'Hearn.

Anthony J. "Tony" Niglio from Fritz and Eleanor O'Hearn.

Millie Palembas from Jim Darrup; Joyce Yodis.

Robert John Pappas Sr. from Jim Darrup; Mr. and Mrs. Edward Schetroma.

Mildred T. Pochakilo from Evelyn Bailoni.

Nellie Remetta from Frank and Mary Sawicki; Mount Carmel VFW Ladies Auxiliary No. 2110.

Mary Sebastian from Tom and Mary Jane Joraskie; Millie Mushalko and family.

Richard Shierant from Phil and Pat Augustine; Marilyn Bolick; Jim and Gingie Britton; Loretta Fantanarosa; Virginia James and Don; Betty Jarosiewicz; Rose and John Kowalchick; Charles T. McAndrew; Audrey and Gerry Miroz; Gerard and Karen Miscavige; Thelma Pieri; the Prezlomski family; Fabian and Georgene Schoffler and family; Mr. and Mrs. Ron Shopinski; John, Judy, Julia and Jon Skinner; John and Carol Strocko - MCA Class of 1970.

Theresa "Terry" Short from Phil and Pat Augustine; Martin Conlin; Jim Darrup; Ellen Destefano and Martin Conlin; Donna and William; Rose and John Kowalchick; Stephen and Marlene Kuritz; Charles McAndrew; Rita and Robert Poplaski, Gabby, Rebecca and Mother Catherine; Mary M. Rudisill; Aunt Georgiana Sardzinski; John and Carol Strocko; Ann and Ed Sweet; Jim Yourshaw, Exxon and Tredegar Colleagues.

Thomas Simmonds from Mount Carmel Jr./Sr. High School Class of 1956.

Shirley S. Slawek from Mr. and Mrs. Mork Steck.

Robert Steinhart from Jim Darrup.

Mary Jean Stellar from Michael and Ida Balichik; Pam and Joe Begis and family; Jim and Gingie Britton; Mr. and Mrs. Joseph D'Amico; Phil Gergen; Virginia James and family; Marilyn Kanezo; Annette Marinelli and family; Mr and Mrs Harold Morgan; Helen Pavis and family; David and Anne Pizzoli; Stella Rossi; Larry and Sharon Stankiewicz; Amy Watkins and family; Melanie Wengrenovich; Richard Zinda; Mount Carmel Area High School cafeteria; Mount Carmel Township Class of '44.

Idalia Valentin from David Sawicki.

Gus Veach from Jim and Gingie Britton; Loretta Fantanarosa; Ronald Kuhns; Joe and Millie McDonnell; John and Mary Mazurkevich; Rose and Frank Pecaitis; Frank and Mary Sawicki; Melanie R. Wengrenovich; Mount Carmel Disabled Veterans Chapter No. 129.

Catherine "Cathy" Welker from Priscilla Battista; Pam and Joe Begis and family; Jeanne Bergal; Tom Bergal; Perino and Mary Bevivino; Joanne and Charlie Berkoski; Jim and Gingie Britton; Rita Criniti; Jim Darrup; Joe and Nancy DiFrancesco; Diane Elgin; Mike and Rachel Elgin; Diane (Allen) Fest, Katie and family; Frank and Angie Gaffney; Phil and Elaine Gergen; Helen and Gabby Gudleski; Kathleen Honecker; Virginia James; Bill and Marie Joraskie; the Kanezo family; Jim Kealy; Blaine and Joyce Kessler and family; Shawn and Ann Krehel; Peggy Lutcavage; Dolores and Fred Lutz; Robert and Margaret Lutz; Catherine Mannelo; Gerard and Karen Miscavige; Ray and Rosemarie Moncavage; Mr. and Mrs. Harold Morgan Jr.; Fritz and Ellie O'Hearn; Frank and Rose Pecaitis; Gayle and Tom Pivarnik and family; Leon and Mary Kay Polites; David and Anne Pizzoli; Gloria Radzai; Ruth Remokaitis; Reynold and Patty Scicchitano; Jim, Noreen and Josh Sienkiewicz; Lucy Smith; Diane and Ron Sokol; Tony, Dolly and Elizabeth Warshefski and family; Amy Watkins and family; Melanie Wengrenovich; Jim and Klara Jean Williams and family; Joyce Yodis; Richard Zinda; Mount Carmel Downtown Inc.

Karen Wozney from Jocelyn Wozney.

Noteworthy: Saturday, Oct. 4, 2014

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Pets to be blessed at Our Lady

MOUNT CARMEL - The Rev. Frank Karwacki, pastor of Our Lady of Mount Carmel Catholic Church, will bless pets at 3 p.m. Sunday at the front steps of the church, 41 S. Market St.

65 complaints received by LCE

Pennsylvania State Police Bureau Liquor Control Enforcement officers assigned to enforce liquor laws and related provisions at more than 860 establishments licensed by the Pennsylvania Liquor Control Board in Bradford, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga and Union counties received 65 complaints during the month of August.

Age compliance checks were conducted at nine establishments and four sold alcohol to an underage buyer.

Violation letters were issued to six establishments and 22 warning letters were issued for violations of liquor laws. No citations were issued for underage consumption or possession.

Glasses available to income eligible

SHAMOKIN - North Western PA Optical Clinic will visit Central Susquehanna Opportunities, 2 E. Arch St., from 10 a.m. to noon Nov. 10 to provide glasses to income eligible persons for $40.

Lined bifocals are included; no-lines are available at an additional cost. Solid tint is also available.

Income guidelines are $21,660 for one person and $27,992 for two people and increase by $6,960 for each additional person in the household.

For information and to schedule an appointment, call 1-800-901-1912. Walk-ins are welcome until 11:30 a.m.

Attendees must bring their prescription and cash or money order. Lenses and frames will be chosen and shipped to the lab for assembly. They are later sent to the customer by mail.

The base clinic site is at 903 Diamond St., Williamsport. Ten satellite locations, Renovo, Lock Haven, Dunshore, Towanda, Bellefonte, Bloomsburg, Towanda, Scranton, Tannersville, Selinsgrove, Sunbury, Shamokin, Bradford and Wellsboro, are visited every six to eight weeks. For dates, times and locations, call 1-800-901-1912.


Inmates place wreath, write poem for fallen officers

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SUNBURY - Female inmates of Northumberland County Prison created a floral arrangement and wrote a poem in memory of two state police officers killed in September.

Yellow mums were shaped into a heart for the arrangement, adorned by a black ribbon. It was placed Friday at the law enforcement memorial outside the county courthouse in memory of Cpl. Bryon Dickson and Trooper David Kendra.

Kendra was shot accidentally and killed Tuesday during a training exercise at the Montgomery County Public Safety Training Complex in Conshohocken. Dickson was shot to death Sept. 12 outside the Blooming Grove state police station. A manhunt continues for Eric Matthew Frein, who is wanted for Dickson's murder.

In the middle of the arrangement was a drawing and poem titled "The fallen," which Commander Brian Wheary, acting warden, said was an original work.

The poem reads: "Bow your head I kneel to pray, I never thought I'd feel this way. Proud of you, my hero you became, you earned that medal for what you did that day. I can still hear the shots and see you run inside, who would have thought you'd save all those lives.

"I can see the moment they came to my door, they were about to tell me I wouldn't see you anymore. So I bowed my head and I kneeled to pray, I knew deep inside God wanted it this way.

"For all you've done and all you've sacrificed, you are now the fallen from this life. The pride I feel, the courage you had, you are my hero, you've earned that."

The inmates places other mums and trimmed hedges around the law enforcement and firefighters memorials.

Elysburg man pleads guilty to drug charges, may get 24 years

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SUNBURY - An Elysburg man could spend up to 24 years in a state prison after pleading guilty Friday to heroin and cocaine crimes almost two years to the date of his arrest.

Charles T. Picarella Jr., 35, formerly of 869 W. Valley Ave., Apt. 2, appeared before Northumberland County President Judge William H. Wiest and admitted guilt to 11 counts, 10 of which are felonies. He will be sentenced Dec. 1 at the county courthouse. The minimum range is eight to 12 years, and the maximum is 16 to 24 years.

Picarella was on parole for a prior felony conviction when he was arrested Oct. 4, 2012, after a parole agent found cocaine, pills, paraphernalia and a handgun inside his vehicle. It was parked outside his family's restaurant on Route 487, where he resided in an apartment at the back of the property. He was initially held for six months on a parole violation. He was arraigned April 19 and had been held on $100,000 bail ever since.

Possession, conspiracy

Agent David Jordan of the state Office of Attorney General and Ralpho Township Patrolman Christopher Grow charged Picarella with six counts of possession, two counts of conspiracy, one count each of criminal use of a communication facility and prohibited possession of a firearm, along with a misdemeanor paraphernalia charge.

Picarella and his defense attorney, Edward J. Rymsza, of Williamsport, had previously sought to have his bail lowered. They had also sought to suppress incriminating statements made to Parole Agent Susan Stout. Picarella had not been read his Miranda Rights when the statements were made. Stout later testified that although she did not read him the Miranda Rights since she was not the arresting officer, she warned him that any comments he made would be used against him.

Both motions were denied in July. The gun charge would have been separated by court order had the case gone to trial.

Patrick Leonard, senior deputy attorney general, said he was prepared to call 25 witnesses to testify against Picarella, and possibly more. Some were customers and some were co-conspirators, he said. They had sold drugs out of a garage he owned in Shamokin, packaged and stored drugs in a property he leased in Mount Carmel, and also made deals at his family's business.

Linked to ring leader

The Attorney General's Bureau of Narcotics Investigation unit linked Picarella among the alleged associates of Juan Carlos Alvarez. A native of the Dominican Republic and a former Hazleton resident, he was accused of distributing at least $2 million worth of cocaine and heroin statewide since an investigation began in 2012.

Alvarez was already in federal custody when he was charged by the state in September 2013. He faces 12 felony drug counts in Northumberland County. A pre-trial conference is scheduled for Nov. 7.

On July 23, Alvarez pleaded guilty in federal court to one count of conspiracy to distribute cocaine. He was sentenced to 46 months and is currently imprisoned at Federal Correctional Institution-Allenwood. He is eligible for release Nov. 2, 2016.

Picarella is held at Snyder County Prison following his transfer in late September from Northumberland County Prison. He had threatened a hunger strike in August at the Sunbury facility regarding the state of the prison menu but backed off after discussing potential modifications with the facility's acting warden, Commander Brian Wheary.

Memorials: Divine Redeemer Church

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MOUNT CARMEL - The following memorials were presented to Divine Redeener Church in September:

In memory of

Adeline and Russell Lindenmuth from Russ Lindenmuth.

Virginia B. Lindenmuth from Tom and Illona Seisholtz, Adele Benjamin, Hank and Loretta Witkoski, Barbara Kehler.

Chester Roney from Frank and Mary Sawicki.

Mildred L. Palembas from Frank and Mary Sawicki, Bill and Tootsie Ditchey.

Joan Simmons from Frank and Mary Sawicki.

Theresa C. Short from Elaine Jurgill, Frank and Mary Sawicki, Dr. Dwight Davis and Mary and Donna, Dave and Judy Shoffler, Bob and Barbara Whispell.

Jim Martin from Peggy Lutcavage.

Carrie M. Barella from Hank and Loretta Witkoski, Jackie Varano and family.

Richard Shierant from Cathy Lacroce, Genevieve Zarkoskie, Hank and Loretta Witkoski, Jake and Judy Betz, Peggy Lutcavage, Irene Kurland, Tina and Barry Bucher, Sam and Jolene Scicchitano, Henry and Pat Fadrowski, Helen Petruskevich, Rich, Mary, Jonathan and Sarah Novack, Anne McAndrew and family. Joe and Barb Iwanski, Frank and Mary Sawicki, Bill and Tootsie Ditchey, Edward and Dorothy Wydilla, Ron and Lisa Howerter, Ted and Jackie Matlow, David and Barbara Kahler, Craig and Debbie Wywadis; Don and Sharon Betz; J. Wayne Shierant, Cynthia J. Shierant, Dan and Phyllis Ficca.

John B. James from Hank and Loretta Witkoski, Karen Jurevicz, Bill, Ann, Bryan and Ben McFadden, John Bartos and family, Anne McAndrew and family. Craig and Debbie Wywadis. Linda Lyons.

Mary J. Stellar from Bill, Ann, Bryan and Ben McFadden, Gloria Kwiatkowski, Connie Wenrich, Louise Homola, Bob and Louise Drumheiser, Dora, Joan and Lena, Frank and Mary Sawicki, Mary C. Sawicki, Bill and Marie Joraskie, Rita M. Pizzoli, Kenneth and Barbara Pizzoli, Jasmine Paskell, Francis "Cosmo" Rossi, Elaine Jurgill, Sam and Ann Spears, Martha Meredith, Jackie Varano and family, Henry and Pat Fadrowski, Sara Mirarchi, Dan and Phyllis Ficca.

Tonya Kehler from Gloria Catino.

Anthony Niglio from Antoinette Niglio, John Costello, John and Carla Gabreski, Carol and Matthew Altomare and John Carr.

Catherine L. Welker from Rich, Mary, Jonathan and Sarah Novack.

Mary T. Cimino from Gerard and Deborah Whispell.

Mary Mostik from Gerard and Deborah Whispell, Bob and Barbara Whispell, Elaine and Leon Jurgill, Joanne Stefanski, Ed Kashmere, Jean Kashmere, Pat Bartos and family, Frank and Marie Crawford, Rita M. Pizzoli, Kenneth and Barbara Pizzoli, Anonymous, Jackie Dunham, Mr. and Mrs. Leonard Corona, Jack and Toni Sommers, Mr. and Mrs. John Corbacio, Frank and Mary Sawicki, Rita and Jean Grochowski, Tom Smith and family, Aldo Mirarchi, John J. Elgin, Maria Scicchitano, Stella Brosokas, Tina and Barry Bucher.

Judge denies Swaboski's request to dismiss charges

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SUNBURY - A Northumberland County judge on Friday denied a motion to dismiss criminal charges against an ex-teacher who police say was extremely drunk when he drove over a group of teenagers in 2012.

Victor E. Swaboski III, 41, of Mount Carmel, will stand trial beginning Oct. 15 on 14 alleged crimes, including two counts of felony aggravated assault. Jury selection is set to begin Monday.

Defense attorney Arlen R. Day II, of Pottsville, filed a motion on July 31 citing Rule 600, which requires that a case be brought to trial within 365 days. He claimed the county District Attorney's Office failed to exercise due diligence in meeting that time frame. There had been 855 calendar days that passed from Swaboski's arrest March 28, 2012, until the motion was filed.

Saylor ruled, however, that the clock stopped as a result of appeals filed by both the defense and prosecution, and due to continuances that were granted. He ruled that 189 eligible days have elapsed in the case, well below the 365-day threshold.

Saylor also agreed with the prosecution that the time when the state Superior and Supreme courts were considering appeals in the case cannot be counted. The judge said it would be impossible to proceed with a case in the Court of Common Pleas while the case is under review by the high courts.

The judge's ruling was based on the review of legal briefs by both sides, along with testimony from a hearing held Wednesday at the county courthouse.

Citing Rule 1313, Day had argued that the high courts never issued an order to stay the case, and that the prosecution never sought one. The time the case spent on appeal by the state should have been counted as part of Rule 600, he maintained Friday after reading the order.

Appeal possible

Day said an appeal is likely, but he isn't sure if it would happen before or after trial.

Police said five teenagers were walking at night along the Locust Gap Highway near the Mount Carmel Area Elementary School when Swaboski drove a Jeep Liberty off the road and into the group. He fled east into Mount Carmel borough on Fifth Street, dragging a bicycle and causing sparks to fly from beneath the vehicle.

He was apprehended 1/2 mile away from the accident, where he hid in a wooded area at Seventh and Poplar streets near the site of the former Lapinski Lumber Co., Mount Carmel. Police said he had two beer cans in his possession, one of which was opened. His blood alcohol content was 0.225 percent, more than three times the legal limit of 0.08 percent.

Swaboski was employed at the time of the accident as an elementary teacher with the Shamokin Area School District. He was immediately suspended and subsequently resigned. His teaching license remains active and valid, according to the state Department of Education.

Police initially charged Swaboski with 21 criminal counts. Saylor dismissed three aggravated assault charges, ruling that injuries sustained by three of the teens weren't severe enough to merit the charge. Four felony counts of fleeing the scene were later dismissed by Saylor, who ruled that only one count should stand since there was a single accident.

Civil lawsuits filed by four of the accident victims injured in the accident remain pending the outcome of the criminal case.

Northumberland County denies Warrior Run assessment appeals

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SUNBURY - Northumberland County Commissioners have struck down all the appeals made by the Warrior Run School District to reassess 50 properties based on recent selling prices.

County Chief Clerk John Muncer reported Friday Commissioners Stephen Bridy and Rick Shoch voted down all the appeals. The decision was made after two days of hearings.

Warrior Run officials had hoped to generate approximately $100,000 in revenue by reassessing properties that were sold over the past three years.

"They cherry-picked specific people and properties," Bridy said Friday. "These appeals caused so much anxiety for the residents. The school district never did its homework."

Bridy called the district "short-sighted and narrow-minded" when talking about Warrior Run's plan to increase property taxes through the appeals.

"They single-handedly destroyed the housing market in the Warrior Run School District. No one will want to buy a property there if they are worrying about their taxes going up," Bridy said.

Northumberland County's three commissioners serve on the assessment appeal board members, but Commissioner Vinny Clausi could not attend due to a family emergency in Italy. County chief clerk and assistant solicitor John Muncer filled in on Monday, but couldn't vote after school district solicitor Austin White objected.

The district argued the properties' sales prices should be used as the fair market value, rather than the current value.

If the appeal was approved, the 50 property owners would have seen their taxes skyrocket, with an average increase of $216.42 for the homeowners and more than $300,000 for businesses involved.

"People were worried their property taxes would go up five to seven times what they currently are," Bridy said.

Shoch based his decision against the district on case law cited during the appeals.

"There were three cases in state court cited that the price a property sold for cannot be used as the control price in these matters," he said. "With that being the only evidence the school district had to offer, their appeals were moot." The commissioner said there were other factors in his decision.

"You are not taking into account that the property recently purchased could be worth more to the buyer because it's next to their lot, so they would be willing to pay more," he said.

In the appeals that involved farms, Shoch said the price could be inflated because multiple parcels of land could be involved or equipment could be included.

"Those reasons are why the court doesn't use the sale price, but the fair market value," the commissioner said.

Warrior Run officials could not be reached for comment Friday afternoon. The district has 30 days to file appeal to the county Court of Common Pleas.

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