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Noteworthy: Friday, May 10, 2013

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Trout rodeo set for Saturday

GORDON - The Gordon Fish and Game Club will holds its seventh annual Youth Trout Rodeo Saturday at Gordon Community Park. Children from ages 1 to 15 are invited to attend. Each child receives a free sandwich, drink and prize of their choice from a prize tent.

Adult club members are available to help children who have limited fishing experience. The club has an adequate supply of rods, bait and tackle for those needing such items.

For the non-fisherman or those that limit-out early, games of skill and chance will be available. A special-needs pool staffed with experienced, skilled fisherman is available for any child who has a disability. A number of tagged trophy trout will be stocked.

Fishing starts at 9 a.m. Breakfast starts at 7 a.m. with French toast, sausage, scrambled eggs and coffee. A lunch of hamburgers, hot dogs, halushkie, bean soup, chili and soda will be served.


CCRA asks to be removed again from Centralia suit

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WILLIAMSPORT - The Columbia County Redevelopment Authority (CCRA) has requested to be removed again from a lawsuit filed by the few remaining Centralia residents who are seeking to stop the condemnation proceedings begun in 1993 due to an underground coal fire.

Last month, U.S. Middle District Judge Matthew W. Brann removed six of the seven individuals as plaintiffs and granted dismissal motions of the state Department of Community and Economic Development (DCED), one of its lawyers, the Wilkes-Barre law firm of Rosenn Jenkins and Greenwald, two of its attorneys and Blaschak Coal Corp.

Stephanie E. DiVittore, the attorney for CCRA with Rhoads and Sinon LLP, Harrisburg, filed the court documents May 3 and claimed CCRA should have been removed April 19 with the other individuals.

The court originally granted CCRA's motion to dismiss in part, but claimed the 14th Amendment equal protection violation could proceed based on the determination that CCRA did not claim it is immune from the suit.

However, DiVittore argues, CCRA "made a specific claim that it was, in fact, immune from the plaintiffs' claims."

If their reconsideration is granted, the only remaining defendant would be DCED Secretary C. Alan Walker on the equal protection claim.

Last July, the 3rd U.S. Court of Appeals affirmed the decisions of U.S. Middle District Judges Christopher C. Connor and A. Richard Caputo, who denied requests for an injunction to stop the condemnation proceedings.

The appeals court opinion stated property owners have the remedy of seeking monetary compensation and it is unlikely they would prevail in their civil rights suit.

The plaintiffs have argued they have been treated differently because the government withdrew its declaration of taking for one property and let the owner keep it.

The fire originated in 1962 in a refuse dump in an abandoned strip mine in Conyngham Township and spread to an underground coal vein under the borough. Almost all property owners accepted buyouts voluntarily or after condemnation proceedings were instituted.

The plaintiffs have alleged the fire never posed a threat to the health or safety of the residents but was used as a pretext to allow access to billions of dollars worth of coal that could be mined by Blaschak. That allegation has been denied.

Northumberland County salary cuts idea called 'ridiculous'

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SUNBURY - Northumberland County elected officials said Thursday a proposal earlier this week to significantly lower their salaries is "ridiculous" and shows a total lack of respect for the duties they perform.

Meanwhile, Commissioner Stephen Bridy maintains his motion to reduce the salaries by 25 to 50 percent - which was tabled Tuesday for further research - was made so elected officials can lead by example by taking pay cuts during tough financial times.

He also favors cutting salaries because he considers some of the elected positions part-time, including commissioner.

Register and Recorder Mary Zimmerman, who has worked in the office for 30 years, said, "If they lower the elected officials' salaries to $18,000, everyone else in the offices would be making more than the elected official. Who would run for office at that salary?"

She added, "Nobody knows the duties of this office better than me and it really upsets me that Commissioners Bridy and (Vinny) Clausi claim we're never in the office. I think the proposal to lower salaries is ridiculous. They are creating so much stress by doing this to us. Why are they doing this? I just want them to stop and allow us to do our jobs."

Zimmerman, who earns an annual salary of $57,396, said row officers have not received a pay increase in eight years.

'Absurd'

District Attorney Tony Rosini believes cutting salaries would be "absurd."

He said 65 percent of his $172,271 salary is paid by the state, which sets his salary based on the county judges' salaries. Rosini makes approximately $1,000 less than the county judges.

Rosini said, "Unlike the commissioners, the row officers are full-time positions and their responsibilities and duties are consistent with the salaries they are earning. We couldn't get competent people to run for these offices if the salaries were cut to $18,000."

Sheriff Chad Reiner, who took office 9 1/2 years ago at age 24, added, "Being sheriff is a full-time position. I have many duties and don't just sit behind a desk from 9 a.m. to 4:30 p.m. every day. I often work after my normal hours serving PFA orders and assisting other law enforcement agencies. I put my life on the line every day. In this position, you're not dealing with society's best."

Reiner, who said he loves his job and is proud and humbled to serve as sheriff, said, "I think reducing salaries would promote absent leadership. I would be making about $8.25 per hour with an $18,000 salary. My part-timers get $12 per hour and my full-time deputies receive $16 per hour. It's difficult now to get good candidates for public office. Who would run for $18,000? I have a family of four and I know I couldn't make it with that salary."

Reiner earns an annual salary of $53,834.

He said, "Every four years, the people evaluate my performance. I hope to be sheriff when I'm old and gray."

Treasurer Kevin Gilroy, who is in his first term, stated, "You get what you pay for. I come to work every day and I don't appreciate Clausi and Bridy trying to make themselves look good at the expense of others who come to work every day. They (commissioners) should have their pay cut in half because they only work part time."

Gilroy, like many other county employees, said morale is at an all-time low.

"There are many good people working for the county and this harassment by certain commissioners must stop," he said. "I get paid for 33 hours per week, but I actually work more than that every week. I'm just sick of all the lies being spread by Bridy and Clausi."

Gilroy's annual salary is $53,834.

Longtime Coroner James F. Kelley, who also earns $53,834 per year, said, "We are all professionals who chose the respective offices we hold. Claims being made that we are career politicians are not true. It's not fair for the commissioners to arbitrarily cut our pay."

Kelley said he has no clue why Bridy proposed the cuts and remains upset that he had to read about the motion in the newspaper instead of being notified in person by one of the commissioners. "Out of respect as fellow elected office holders, I think the commissioners owed it to us to call beforehand about this issue. This has happened with other matters in the past as well," he said.

Controller Tony Phillips and Prothonotary Kathleen Strausser, who is not seeking re-election, reserved comment about Bridy's proposal. Phillips earns an annual salary of $56,676, while Strausser's salary is $57,396.

'Take a pay cut'

Bridy defended his recommendation to cut the salaries.

"This isn't spite work," he said. "I spent $40,000 on my campaign, which was the second largest amount next to Mr. Clausi. Who stands to lose more than me? But I feel the time is right to do this because I feel it's important for the leaders of our county, including the commissioners, to take a pay cut."

Bridy accused many row officers through the years as being career politicians.

"These are public service positions," he said. "People get in the system and milk it. Everyone over the past 30 years has taken turns sitting at the trough and getting fat."

The commissioner said reducing the salaries of elected officials also would generate a significant savings in pension payments.

Bridy said the commissioners are authorized to set the salaries of elected officials, but can only reduce them to certain amounts according to the county code covering fifth-class counties.

The commissioner said the earliest the salaries could be reduced is 2014, which is one year prior to the next election for the commissioners. He said a special public meeting advertised at least 10 days in advance in the newspaper must be held between 6 and 9 p.m. to vote on the issue.

According to information provided to Bridy by assistant solicitor John Muncer, commissioners, who currently make $61,000 per year, could have their salaries cut to $21,000.

The sheriff, treasurer, controller, register and recorder and prothonotary could have their salaries reduced to $19,000, while the coroner's salary could be reduced to $14,000.

Bridy said he would not be in favor of cutting the salaries to the lowest possible level, and sticks by his original recommendation to cut them by 25 or 50 percent.

Clausi indicated at Tuesday's commissioners' meeting that he would support cutting the salaries. Before the issue was tabled, Commissioner Richard Shoch said he would vote against it because the matter just surfaced at the meeting.

64 vendors set for Mount Carmel's Oak Street Festival

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MOUNT CARMEL - It started as a way to simply thank borough residents for supporting the Lions Club.

Celebrating its 16th year in 2013, the Oak Street Festival is now one of the organization's most important fundraisers. Sixty-four vendors are on tap for the event from 9 a.m. to 4 p.m. Saturday on the downtown's main thoroughfare.

Event chairman Deno Langis said the Lions Club at one time had a block party, but when that event ended, the idea was born to do something for the public.

"At first, we were happy to break even or make a little money on it," Langis said.

But it's become an important resource instead, and helps support the club's most notable ongoing project: The holiday Meals on Wheels program, in which an average of 160 meals are prepared and delivered on Thanksgiving, Christmas, New Year's Day and Easter.

Several years ago, the Lions scaled down the event, limiting it to a two-block area between Third and Fifth streets, and cut down the number of vendors. Ironically, that has seemed to rejuvenate the festival.

"This year we have 64 vendors coming and we had to turn people away, which is a good sign," Langis said. "We have a lot of quality vendors and we hope everyone will support them."

Entertainment

New this year are three inflatable attractions for children, brought to the area by Fast Break Inflatables.

A number of musical acts will perform during the event, including the well-known vocal duo Pet Rock; Billy D. and Rosie, performing oldies music, and a concert of standards by well-known local performer Vic Boris.

"The Lions Club thanks K&S Music for their help with the sound system to make sure these great entertainers are heard," Langis said.

There will also be a performance by the 'Move Crew,' children ages 3 to 15 from Motivation Station, of Mount Carmel, doing aerobics; and a demonstration by the Susquehanna Trail Dog Club.

There will also be a display of antique cars on West Fourth Street.

"We try to have something for everyone of all ages at the festival, and we hope that everyone will come out and enjoy the day on Oak Street," Langis said.

Money from all club fundraisers, including its semi-annual spaghetti dinner, is invested in the community through meal deliveries, but through free eye exams and glasses, hospital beds, ambulatory equipment, the annual Santa parade, the Christmas tree raising at Charlie McAndrew's car lot at Seventh and Oak streets, a teener league baseball team sponsorship, award dinners for the high school track team and the club's signature event, the Mike Terry Awards, along with donations to charitable organizations.

On the Net: www.mountcarmellions.org.

Coal Twp commissioners: State blight law 'lacks teeth'

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COAL TOWNSHIP - Township commissioners say state law designed to pressure property owners to fix up blighted properties is ineffective.

Craig Fetterman, commissioner chairman, said during Thursday's board meeting that the Neighborhood Blight Reclamation and Revitalization Act "lacks teeth." The township's one attempt to use it proved fruitless, he said.

"It's not as bulletproof as we were led to believe," said township solicitor Vince Rovito.

The law took effect in April 2011. Among its provisions is allowing for a lien to be placed against all of the alleged offender's properties, not simply the blighted properties, toward recovering the cost of repair. However, Commissioner George Zalar said if an owner of a property is incorporated, that portion of the law doesn't apply.

The commissioners wouldn't provide more details of the case of which they spoke vaguely.

Rovito said it's because commissioners are continuing to pursue the case, turning to District Attorney Tony Rosini for help.

"We don't want to show our hand," Rovito said.

Fetterman said the area's state legislators must hear the commissioners' concerns about applying the law and sealing what he called "loopholes."

Shamokin McDonald's marks 'special day'

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COAL TOWNSHIP - The Shamokin Area Middle/High School Chorus took advantage of the moment while warming up for their performance at Thursday's grand reopening at the Shamokin McDonald's.

"Two all-beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun," the group of about 20 singers repeated in a higher pitch each round.

Performances by the chorus and a trio of musicians from the Shamokin Area Middle/High School band, along with a cake in the image of the restaurant created by Rita's Bakeshop, Coal Township, created many smiling faces during McDonald's brief 9 a.m. ceremony.

"This is a very special day for us," said owner/operator Roland Kissinger.

The restaurant has been remodeled and the dining area expanded. There are padded booths and more tables, new counters, a community table in the middle of the restaurant, tandem drive-thru service that will be operational in the summer, a new dual-point ordering system and new landscaping. Gone is a wall that separated the main seating area from another one created where the Playland once existed.

The new look for the restaurant was a first since it opened in December 1993, when it was built new near its previous location just a few yards away along Route 61 a short drive outside the city line in Coal Township.

"The Shamokin McDonald's is very special to me," Kissinger said. "It was the first restaurant that I purchased."

The owner of six McDonald's restaurants in the area, including ones in Frackville and Elysburg, then sold the Shamokin building, only to repurchase it in 2002.

"I think I'm the first owner to purchase the same restaurant twice," he joked.

Lots of help

In celebration of the opening, McDonald's made several $250 donations to local organizations, including the Northumberland County Council for the Arts and Humanities, the Soldiers Circle Veterans/Marine Corps League, which is working to bring the Vietnam Memorial Moving Wall to Shamokin in 2014, the band and chorus programs at Shamokin Area, and the Brady Fire Company for its help with the remodeling project.

"We were set for line painting one day and the parking lot was a complete mess due to the landscaping work," the owner said. "Members of the Brady Fire Company came and helped us clean up the parking lot, so we were able to complete the job."

In his remarks, Kissinger thanked everyone who attended, including Shamokin and Coal Township officials, business organization representatives, and gave special thanks to the crew at GCM Construction, of Mount Joy, for their hard work in the major remodel project or "MRP" as it is known. At one point, Kissinger said, 45 people were working at the restaurant and they able to get the MRP done in three weeks.

"What used to take us 18 months, we have it down pat that it usually takes us three to six weeks to get done," said GCM manager Greg Yessian. "We do about a dozen of these a year."

Kissinger also thanked J&S Landscaping for their work on the exterior, and his wife, Kathy, for making the final decisions on the color scheme of the restaurant.

In Shamokin, the remodel meant a complete gutting of the interior dining area and bathrooms, from floor to ceiling. While the restaurant was closed to customers, the employees kept the business open for those needing their Quarter Pounder or McWrap fix.

"There were times it was hectic," said restaurant manager Darlene Thomas. "When they were doing the exterior and we only had the lobby open, it was a little rough. Once we could open the drive-thru and close the lobby, it got a lot easier."

Thomas said everyone on staff loves the new look.

"I love how the seating is and the landscaping outside," the manager said.

Customers who came in Thursday agreed.

"The place looks very nice and they did a great job with it," said Thomas Fiorey, of Coal Township. "There is a lot more room inside and it's very comfortable to sit and enjoy your food."

New ordering system

The Shamokin location now features a self-service beverage bar and McDonald's new dual-point ordering system.

"You give your order to the cashier who enters it and gives you a receipt with a number on it," Kissinger said. "You can then find your seat and relax while the food is prepared. When it is ready, your receipt number will appear on a screen and you can get up and pick up your food at a different area of the counter.

"It's working out very well," Thomas said. "The customers are starting to get the hang of it."

Later this summer, McDonald's will open the tandem drive-thru lane, which will enable workers to accept two orders at the same time, thereby serving customers quicker.

"We didn't have the room here to do the dual drive-thru like we have at Elysburg, so we've adapted the new system and will still be able to take orders faster," Kissinger said.

The grand reopening festivities continue today with a vintage car show by the Gear Grinders Car Club, a magic show with Ronald McDonald and a giveaway of a free Big Mac once a week for a year for the first 97 customers starting at 4 p.m.

Murder mystery dinner supports Door of Hope

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COAL TOWNSHIP - More than 85 people attended a fundraiser last month to support Door of Hope, a children's mission group that tends to the needs of abandoned, abused and orphaned children in South Africa.

"Cross Your Heart and Hope to Die," a murder mystery dinner that involved audience members, was held at Nos'Trovia to raise money for the organization.

Mary Lenig, owner of Nos'Trovia and who thought of the dinner after meeting Door of Hope founder Cheryl Allen, said the event was a "huge success."

"Many guests were unaware of the extreme crisis level of the abandon babies," Lenig said. "There was an immediate involvement for sharing the detailed information and a great outpouring of donations."

Lenig said the cast of seven performed exceptionally well and that the audience enjoyed the cast's interactive roles and questions.

Auction will benefit kids at Camp Pauline

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KULPMONT - A children's charity auction by the St. Pauline Center at Camp Pauline is set for Saturday, June 1.

Originally scheduled for Nov. 3 but postponed due to concerns related to recovery from Hurricane Sandy, the auction will benefit Camp Pauline, Children with Diabetes, held ever year in July; the annual Children's Christmas show, held every year at the Mount Carmel Area High School, and the annual children's circus held every year at the Veteran's Sports Complex.

Bob Greco of the St. Pauline Center is hopeful the auction will draw a large turnout. This is the first auction for the center and, depending on the weather, it could be held either outside or inside.

Items up for auction will be viewable to the public from 10 a.m. to noon. Food and beverages will also be available.

Part of the mission of the St. Pauline Center is to help the youth of the community. Greco said he believes by providing these events for the children, they will remember good moments of their past, including the good people of their community.

Donations for the auction can be made by calling 373-3350 or mailing to St. Pauline Center, P.O. Box 115, Kulpmont 17834.

Some of the items up for auction include a Ron Turcotte autographed Riding Secretariat Masterpiece collage; Yogi Berra autographed photograph with Babe Ruth; Lou Holtz autographed Notre Dame sign; Eli Manning autographed football and Giants helmet; LeSean McCoy autographed Eagles helmet; Joe DiMaggio autographed baseball; Mickey Mantle autographed baseball; Henry Hynoski autographed Giants football; U.S. Living Presidents Masterpiece collage; Bruce Springsteen and Clarence Clemons masterpiece collage; JFK and Jackie Kennedy Masterpiece collage; Frank Sinatra and Dean Martin limited edition photo collage, and a tricycle autographed by Robbie Knievel.

The Ray Moncavage family will be the auctioneers.


District Court: Friday, May 10, 2013

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MOUNT CARMEL - The following hearings took place Wednesday before Magisterial District Judge Hugh Jones. Defendants ordered to appear for plea court June 24 in Northumberland County Court, Sunbury, can plead guilty or no contest, or seek a trial by pleading not guilty.

n Charges of simple assault, harassment and criminal mischief filed by Mount Carmel Patrolman Justin Stelma against David T. Miller III, 40, of 24 E. Third St., Apt. 202, Mount Carmel, were dismissed when the alleged victim, Shelby Kopp, refused to testify in the case.

Miller was accused of assaulting Kopp in her apartment April 17.

n Leon L. Fite Jr., 30, of 620 N. Cleaver St., Apt. 10, Shamokin, was held for court on charges of driving under the influence of a controlled substance, driving under the influence of a combination of drugs, driving without a license, overtaking a vehicle on the left and failure to drive within a single lane.

Fite, who failed to appear for his preliminary hearing, was charged by Mount Carmel Township Patrolman Matthew Filarski in connection with a March 7 accident on Route 901 near Excelsior.

n David Peter Huber, 30, of 702 E. Fifth St., Mount Carmel, waived to court a bad check charge.

He was charged by Mount Carmel Patrolman Jason Drumheller with issuing a bad check in the amount of $23,130.94 to Modern Hail Repair Inc. and failing to make payments to cover the bad check. Police said the offense occurred between Oct. 1, 2011, and July 3, 2012.

n Michael F. Dallazia, 59, of 560 E. Melrose St., Marion Heights, waived to court charges of driving under the influence of alcohol, unauthorized use of a vehicle, two counts of driving under suspension, driving without a license, disorderly conduct and restrictions on alcoholic beverages.

The charges filed by Mount Carmel Township Patrolman Kelly Campbell relate to an April 25 incident in the 500 block of East Warsaw Street in Marion Heights.

n Albert J. Goodlunas III, 38, of 553 Chestnut St., Kulpmont, waived to court charges of simple assault, disorderly conduct and harassment.

Goodlunas was charged by Kulpmont Patrolman Patrick McAndrew with punching Ronald Sobol in the face in the 900 block of Chestnut Street on March 12.

n David J. Bills, 28, of 921 Spruce St., Kulpmont, waived to court multiple charges involving three criminal complaints filed against him relating to incidents at his home.

Bills was charged by Mount Carmel Patrolman Matthew Dillman and Kulpmont Patrolman Cade Holden with two counts of criminal conspiracy to deliver five Methadone tablets and one count of criminal use of a communication facility relating to a Dec. 9, 2011, incident.

He also was charged by Holden with possessing synthetic marijuana and possessing drug paraphernalia in connection with a May 16, 2012, incident.

Kulpmont Patrolman Joshua Pastucka charged Bills with possessing a firearm while being a former convict and possessing drug paraphernalia involving a Dec. 14, 2012, incident.

5 Mount Carmel houses to be razed

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MOUNT CARMEL - Thanks to a $50,000 contribution from a local bank, four longtime eyesores will be among five properties in the borough to be razed.

Vacant houses at 420, 422, 424 and 428 E. Center St. along with a dilapidated structure at 242 S. Poplar St. will be the first properties demolished through a Neighborhood Assistance Program established to reduce blight in Northumberland County. The program is spearheaded by the Northumberland County Blight Task Force.

Demolition, which also will include the removal of several trees, is scheduled to begin Wednesday and be completed by the end of June, according to Edward Christiano, executive director of the Northumberland County Housing Authority who coordinates the blight task force with the assistance of state, county and local officials, consultant Christopher Gulotta of the Gulotta Group, Carlisle, and the state Department of Community and Economic Development (DCED).

UNB Bank, formerly known as Union National Bank, contributed the funds and is the first business to give to the program. The bank will receive a 75 percent state tax credit for its contribution.

'Long time coming'

Frank Morrison, president and chief executive officer of UNB Bank, stated, "Our contribution of $50,000 toward this important project demonstrates our commitment to the residents of Mount Carmel Borough and the quality of life of the people who live there, as well as our optimism that by getting rid of eyesore properties, we will see private investment occur that will result in the creation of new businesses and jobs."

He added, "We are hopeful this contribution will encourage other banks and businesses to reinvest back into our communities."

Morrison and Christiano were among local, state and county officials who gathered in the 400 block of East Center Street Thursday afternoon to announce the contribution and startup of the demolition work.

Christiano, who thanked Morrison and other bank officials for the financial institution's contribution, said the borough acquired the tax delinquent properties on East Center and South Poplar streets through the county tax claims office and will work with the county housing authority and housing development corporation throughout the demolition project.

State Rep. Kurt Masser (R-107) said, "This is a long time coming and is what I envisioned when the task force was created last year. It's good to see progress being made to alleviate blight in our county and we are confident a lot more progress can be made throughout the region."

Good for borough

Masser and Sen. John Gordner (R-27) said they hope to obtain additional state funding for fighting blight in the county.

"I can't thank UNB Bank enough for stepping up and contributing this money," Masser said. "This is a great day for the folks in this neighborhood."

Mount Carmel Mayor J. Kevin Jones said, "Today is the result of the meeting we had in October about businesses contributing to the Neighborhood Assistance Program. It's taking off in Mount Carmel and I think Ed (Christiano) has done a fantastic job in coordinating the project and getting everyone to buy into it."

Jones said the borough may consider razing a property on Donahue Row as well if money is left over after the other five properties are demolished.

Like the other officials present, Gordner commended UNB Bank for its contribution.

"Private monies are being spent for the public purpose of fighting blight," he said. "This has been a great collaborative effort and it's our job as state legislators to provide the resources and tools to attack blighted properties. Having rundown properties like these isn't fair to the neighbors who take care of their homes. There are still challenges ahead, but this is a good start toward fighting blight."

Mount Carmel Borough Council President Tony Matulewicz said he was "thrilled" that the five blighted properties will be demolished in the near future. "The role of UNB Bank in all of this can't be understated. Without their help, this doesn't become a reality," he said.

'Finally going to happen'

Michael Girardi, 58, of 418 E. Center St., said he's been skeptical for years about the homes being demolished. "I'll believe it when I see it," Girardi commented. "But this time, it looks like it's finally going to happen."

Girardi, who has lived at his home since 1964, said the properties at 420 and 422 have been vacant for approximately 60 years, while the other two houses have been unoccupied for 20 to 25 years.

Also attending Thursday's announcement were Mount Carmel Borough Manager Ed Cuff, Councilmen Chico Moser, Robert Shirmer, Robert Barrett and Clem Plisiewicz, and Ruth Skonecki, assistant vice president and trust officer with UNB Bank.

Any bank or business interested in more information on the state tax credit Neighborhood Assistance Program should contact Christiano at the county housing authority at 742-8797.

Reapportionment will affect local districts for '14 election

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The Pennsylvania Supreme Court's ruling this week upholding a revised legislative redistricting plan will mean changes effective with the 2014 election for some municipalities in Northumberland County.

The approved plan keeps the Shamokin-Mount Carmel area in the 107th House district, where it has been for almost four decades. However, Shamokin Township, which was previously in the 108th district, will now be moved to the 107th, as will Jordan, Upper Mahanoy and Washington townships in Northumberland County and Locust Township in Columbia County. Kurt Masser, who is serving his second two-year term, now represents the 107th district in the state House of Representatives.

Effective with the 2014 election, the revised 107th district includes: All of Montour County; part of Columbia County, including Cleveland, Conyngham, Franklin and Locust townships, Centralia Borough and the part of Ashland that is located in Columbia County; and part of Northumberland County, including the city of Shamokin, the boroughs of Kulpmont, Marion Heights and Mount Carmel, and the townships of Coal, East Cameron, Jordan, Mount Carmel, Ralpho, Shamokin, Upper Mahanoy, Washington, West Cameron and Zerbe.

The revised 108th district, now represented by Lynda Schlegel Culver, will consist of the remainder of Northumberland County, including the city of Sunbury, the boroughs of Herndon, McEwensville, Milton, Northumberland, Riverside, Snydertown, Turbotville and Watsontown and the townships of Delaware, East Chillisquaque, Jackson, Lewis, Little Mahanoy, Lower Augusta, Lower Mahanoy, Point, Rockefeller, Rush, Turbot, Upper Augusta and West Chillisquaque. Also included in the 108th will be six municipalities in Snyder County, including Freeburg and Shamokin Dam boroughs and Chapman, Monroe, Union and Washington townships.

All of Northumberland will remain in the 27th Senatorial District, which is now represented by John Gordner. The 27th will also include all of Columbia, Montour and Snyder counties and part of Luzerne County.

Legislative districts are redrawn every 10 years to reflect the latest U.S. Census figures. Each House and Senate district must contain roughly the same population, within a 4 percent variation. An earlier legislative redistricting plan was rejected by the state Supreme Court in 2012.

City considers lighting options

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SHAMOKIN - The city planning commission is expecting to receive a proposal from General Electric for a new lighting system in the downtown area.

It will be compared to options through PPL Electric and another vendor, Spring City. Upon evaluation, a recommendation is expected to be made next month by the five-person commission to the city council and mayor who together will make the final decision.

The commission is exploring the potential of acquiring LED lighting, said to be an energy-efficient alternative to the high-pressure sodium (HPS) system currently in place.

Decorative lamps and poles are also sought to enhance the appearance of the downtown.

The street lights on Independence Street have frequently malfunctioned, depending on who you ask, since October or for the past several years.

Although cost is a concern, given that the current PPL-owned system is upwards of 50 years old, timing is in play since the next upgrade may not come for another five decades.

Lowering costs

Replacement of the 47 downtown lights was originally slated for 2014, but the project was moved up to this year because of the continuing malfunctions. It had been speculated that replacement could begin as early as June, but that is not going to happen.

The utility offered to use the same HPS technology, same light fixtures and same poles, and had begun planning the replacement after meeting with city officials in February.

The cost of PPL's offer would be covered by a monthly tariff already paid by the city on each of its 664 street lamps. The tariff varies by the type of pole and the amount of energy used and ranges from $11 to $38 per pole.

Shamokin pays on average $11,200 a month for its street lights. The electric portion is $1,200, which was lowered about two years ago after the city switched providers to Constellation Energy.

The bulk of the monthly bill is paid to PPL in distribution charges, which includes the lease of lighting equipment, delivery of electricity and maintenance. It also includes the per-pole tariff.

The commission had sought a study from PPL on the lighting system - cost, efficiency, pole height, etc. - to assist in its decision, but was rebuffed. They hoped to learn if by using LED bulbs on a lower mount, say 20 feet compared to 30 feet or higher, fewer lamps would be needed, not only lowering energy costs but also reducing the distribution charge.

"We don't want to hold a project up, but we want what we feel the City of Shamokin is entitled to. They had these lights in 40 to 50 years, all of a sudden there's this urgency," said Jeff Fromm, planning commission chairman.

"We have an opportunity here that's not going to happen for 40 years. The taxpayers are going to keep paying for this for 40 years if we don't take advantage" and lower the distribution charge, Fromm said. "We want to do this for the community. If we are successful, we did something good."

'Offer stands'

PPL didn't prepare a study because "all indications over time show the original Independence Street design has met your needs," according to a PPL letter sent to City Hall. If the city pursued a different PPL-supplied system, PPL would prepare a formal quote and light study.

PPL also was under the impression following the February meeting that the city and PPL were in agreement that the system would be replaced with the same technology.

Teri MacBride, regional affairs director, PPL Susquehanna Valley, said there's no timeline to complete the work, but said the desire is to complete is "as soon as possible."

"We want to upgrade that system, so that offer stands. The city needs to decide if they're going to take us up on that offer or put in a different system," she said. "We offered to accelerate the project, but we haven't given any deadlines."

Should the city ultimately decide to purchase equipment outside PPL's portfolio, PPL would remove the current equipment. The utility would supply power to either end of the system on Independence Street, but everything in between, including maintenance, would be the city's responsibility, MacBride said.

LED options

Federal studies on the lighting performance of LED versus HPS vary, with some LED systems saving between 50 percent and 70 percent while others offer no discernible difference, and many variables factor into the performance.

The borough of Tarentum in Allegheny County saves $40,000 annually, or 66 percent, after replacing 435 HPS fixtures with GE's LED bulbs. However, the borough already owned its own system and the large-scale purchase created a larger savings pool compared to what Shamokin is considering.

The commission is exploring if estimated savings in energy costs through LED technology would be enough to finance the purchase of the equipment.

"As a city, wouldn't we want to look at the most efficient lighting system available?" Deb Yeager, branch manager of Susquehanna Bank on Independence Street and de facto representative of downtown merchants, asked during a commission meeting Monday.

GE offers decorative LED systems with dimmable bulbs designed to save on energy in the early morning hours. Installation of the entire system would be an additional cost, as would maintenance, because GE offers neither service.

PPL also offers decorative systems but only offers HPS bulbs. The city would be responsible for the additional costs to purchase and install through PPL decorative lighting.

MacBride said that while PPL is exploring LED options, it hasn't yet found a system it's willing to add. It stands behind HPS bulbs, which she said have proven to be reliable.

Whichever system is chosen, commission members reiterated a point made during last month's meeting that the new street poles must be tall enough and include outlets to accommodate Christmas decorations and the like.

MC mayor candidate not eligible

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MOUNT CARMEL - The wife of a Mount Carmel mayoral candidate has questioned the eligibility of one of her husband's opponents over a residency requirement.

And it appears she may be correct.

Charmange Cimino, through a letter in March, asked the county election board to confirm whether Democratic candidate Cynthia Clayton, of North Walnut Street, had lived in the borough continuously for a full year prior to the election, which is required by Pennsylvania Borough Code.

"I wanted to make sure it's a fair election for all the candidates involved," Cimino explained this week.

Her husband, Democrat Philip "Bing" Cimino, of East Buick Street, is among three Democratic candidates who will be on the ballot.

In a subsequent letter to Clayton dated March 15, Alisha Herb, chief registrar of the election office, wrote, "It has been brought to the attention of the board of elections that you were previously registered to vote in the Township of Coal and, in fact, voted in last year's Nov. 5, 2012, election as a resident of the Township of Coal."

Based upon a voter application submitted in March, Clayton has not resided in the borough for the required amount of time, Herb further clarified this week.

Herb requested Clayton contact the board to provide proof of residency for the required time, but she said Wednesday that Clayton never contacted the board.

If she is elected and later found to be in violation of the residency requirement, either the district attorney or any citizen of the borough would have standing to attempt to have her removed from office, Herb said.

While Clayton's name remains on the ballot for the May 21 primary, it appears she is no longer actively campaigning. Democratic candidate Jason Bower, of Poplar Street, said Clayton has decided to drop out of the race and support him, and a flyer on her Facebook wall says "Vote for Bower."

Clayton did not respond to several attempts to contact her for comment.

'Scrutinized from day one'

Philip Cimino said leaders need to be aware of the rules.

"If you're running for public office, you're going to be scrutinized from day one, and you should be following all the rules," he said.

A person who wants to be mayor needs to be someone the community can look up to, he said.

"If you're not setting the example, how are you going to lead?" he said.

Pressed for comment, Bower said, "It's refreshing to see newcomers to the borough interested enough to try to get more civically involved. Hopefully Ms. Clayton is able to continue her efforts in the near future in some other capacity to try to better the community."

Earlier this year, incumbent Mayor J. Kevin Jones announced he wouldn't be running again for re-election after 16 years in the position.

DA involved in second dispute

In a second dispute related to the borough mayoral race, Herb said someone logged two complaints against Bower, and one of those had to be settled by the district attorney.

The first involved his campaign signs not having a disclaimer saying who paid for them, a requirement of the campaign finance law. Herb said she spoke with Bower and the issue was resolved.

The second issue involved a raffle conducted on behalf of Bower's campaign, which is also not permissible, according to campaign finance law.

Northumberland County District Attorney Tony Rosini would not confirm Bower's name, but said his office reviewed the issue.

"It was obvious to me that he was unaware of the law. He is a first-time candidate. It was not an intentional violation," he said.

He conferred with fellow district attorneys throughout the state and said they agreed with his gut reaction.

"I warned the person and decided not to file criminal charges," Rosini said.

However, he said Bower had to report the money to the election office.

Bower said he has spoken with the appropriate authorities, as well as his advisers and supporters, concerning the error.

"There will be no repercussions and I have taken corrective action to move forward with our campaign and the authorities are satisfied with the outcome," he said.

As a newcomer to politics, he said he would not be deterred by the allegations and wants to move forward to focus solely on campaign issues.

"I am not a political insider and do not wish to play dirty politics. This was a good-faith error on my part, and I can assure the public that it will not happen again," he said. "My best interest still lies with the people of Mount Carmel, and I look forward to hopefully serving them in the future to the best of my abilities."

State fire marshal: No cause found in Arch Street blaze

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COAL TOWNSHIP - A state police fire marshal could not determine the cause of a fire last week that severely damaged a West Arch Street home.

"I don't see anything that was suspicious in any way, shape or form," said Trooper Kirk Renn, state police at Milton.

However, he said he couldn't find anything during his investigation Tuesday that proved conclusively as to what caused the fire to ignite at 9:20 a.m. Friday, May 3, inside the rear one-story addition at 1019 W. Arch St., home to Walter and Helen Neiswender.

When investigating fires in general, Renn said he looks for electrical causes, heat sources, malfunctions and criminal activity.

Renn estimated damages at $100,000 to the home and $50,000 to personal contents, but noted those estimates are his alone. Ultimately, he said, such estimates are decided by the homeowner's insurer.

The fire marshal couldn't say if the home is a total loss, but noted that it sustained heavy smoke damage throughout the property.

Local author's fifth book to be released June 11

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PAXINOS - While some authors draw inspiration from things around them, imagination is the muse for KristaLyn Vetovich, creating the fantasy world she writes about in her novels.

"The ideas just come to me and then I put them down on paper, and hope people enjoy reading my stories," Vetovich said.

Her latest book, "Pure Fyre," is set to be released June 11. It is the fifth novel written by Vetovich, but the first that will be published under the Tate Publishing company, a leading Christian-book publisher, and not self-published.

"This is a big accomplishment for me," the Paxinos resident said. "When I went to Tate's headquarters after signing the contract, all I could say when everyone asks me how I am doing, was 'I'm just happy to be here.'"

Vetovich wrote the story not as religious, but bringing her fantasy realm to life and giving readers to chance to draw their own interpretations from it.

"I've asked Tate not to put the book into the Christian section where their books are normally stocked," the author said. "I want to market it to the young adult."

Vetovich, who recently turned 23, has already co-authored the fantasy-adventure trilogy of the sprite, Enya Polaris, in "Enya's Light," "Enya's Shadow" and "Enya's Judgement," along with the fantasy thriller "The Resistance," which was published in 2011.

Vetovich calls "Pure Fyre" her best work to date and hopes the readers will think so, too.

"I started writing this book last March and it was a lot of work keeping everything organized, but it really came out well," the young author said.

Pure Fyre tells the story of a young man named Spyre and his quest to stop the warriors of his home kingdom, Gaernod, from attacking the Gelyfed Realm, which is the home to a mystical power called "the Fyre," which is slowly being extinguished.

A synopsis of the book, giving readers an outline of the characters, can be found on her website, www.kristalyn.biz.

"I was always a fan of C.S. Lewis, who created the Chronicles of Narnia, and I think my tale would make him proud of the tribute," Vetovich said.

After sending several drafts of the book to publishers, Vetovich thought "Pure Fyre" would be another self-published book, until Tate Publishing contacted her.

"I just about jumped out of my skin when they called me at church camp, where I was working at as a counselor," she said. "The kids looked at me like I had lost it."

"KristaLyn A. Vetovich's sweeping novel depicts the power of a dream," writes the publishing company in its promotional materials.

While the book will not be available in stores or digitally on Kindles, Nooks and iPads, a first for the author, until June 11, Vetovich will have some advance copies for sale at several area book signings, including the Oak Street Festival in Mount Carmel today. Vetovich will also be signing books at the Anthracite Heritage Festival of the Arts on May 25, and at a special event at the Arts Center on June 7.

With Hollywood loving fantasy movies like "Narnia," Harry Potter, and the Lord of the Rings trilogy, could a film adaptation be somewhere down the line? Vetovich doesn't know but would entertain the option.

"It's not about the fame for me, but if I can do this to support my mission trips to other countries, I'm happy, The rest is just gravy," she said. "I'm just happy to be here."


Senior Citizen Activities: Saturday, May 11, 2013

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Shamokin-Coal Twp.

Monday - Morning cards and puzzles, 8:30 a.m.; yoga, 9:30 a.m.; Walk A Mile, 10:30 a.m.; crafts, 12:30 p.m.

Tuesday - Morning cards and puzzles, 8:30 a.m.; shopping at Boscov's, arrive at destination at 10 a.m., depart for home at 1 p.m.; bridge, noon; aquacize, 1:30 p.m.

Wednesday - Bus trip to Mohegan Sun; morning cards and puzzles, 8:30 a.m.; bridge lessons, 9:30 a.m.; Wii bowling, 10 a.m.; pinochle and Pokeno, 12:30 p.m.

Thursday - Open house today; morning cards and puzzles, 8:30 a.m.; aerobics, 9:30 a.m.; bingo, 12:30 p.m.

Friday - Morning cards and puzzles, 8:30 a.m.; nickel bingo, noon.

Saturday - Cards, 7 p.m. Doors open at 6 p.m.

Mount Carmel

Monday - Wii bowling, 10 a.m.; HSIM exercise, 11 a.m.; lunch, 11:45 a.m.; bean bag, 12:30 p.m.; Pokeno, 1 p.m.

Tuesday - Trivia, 10 a.m.;, chit chat, 10:30 a.m.; lunch, 11:45 a.m.; Unlucky 7s, 12:30 p.m.

Wednesday - VNA blood pressure/blood sugar screening, 9:30 to 10:30 a.m.; springtime jingo, 10 a.m.; chit chat, 11 a.m.; lunch, 11:45 a.m.; bingo, 1 p.m.

Thursday - Current events, 9 a.m.; favorite TV show, 11 a.m.; lunch, 11:45 a.m.; pinochle, 12:15 p.m.

Friday - Open house, food and beverages provided; HSIM Exercise, 10 a.m.; Pokeno, 1 p.m.

Kulpmont

Monday - Wii in the morning; bean bag, 10:30 a.m.; Pokeno, 12:30 p.m.

Tuesday - Wii, knitting and noodle balloon in the morning; pinochle-cards, noon; Bible study, 12:30 p.m.

Wednesday - Wii, find a word puzzles, knitting and noodle balloon in the morning; trip to Merle Phillips Park for health fair, van leaves center at 11 a.m., cost $2; bunco and LCR, 12:30 p.m.

Thursday - Wii, 10 a.m.; Mother's Day luncheon, noon for those that signed up, bingo to follow luncheon.

Friday - Wii, knitting and noodle balloon in the morning; nickel bingo, 12:30 p.m.

Centralia-Wilburton

Monday - Dinner and a movie.

Tuesday - Exercise with Carol Burton.

Wednesday - Celebrating Birthdays, visit from traveling library with Jim Patterson.

Thursday - Guest speaker Kathi Martin on "Health and Happiness in 2013.

Friday - Center closed.

Elysburg

Monday - Healthy Steps, 8:30 a.m.; Pokeno, noon.

Wednesday - Healthy Steps, 8:30 a.m.; Family Medical screenings, 10 to 11 a.m.; bingo, noon. The center will celebrate Older Americans Month with an open houseat 11 a.m. Each member should bring a friend. There will also be a trip to a health fair in the Milton Town Park, transportation will be available.

Thursday - Center trip to Red Lobster.

Friday - Crafts, 9:30 a.m.; pinochle, noon.

Trevorton

Monday - Wii games, 8:30 to 10:30 a.m.; exercise, 10:30 a.m.; card games.

Tuesday - Exercise, 10:30 a.m.; Unlucky 7s and 31, 12:30 p.m.; evening bingo, 6 p.m.

Wednesday - Milton Health Fair, 10 a.m. to noon; exercise, 10:30 a.m.; movie and snack, 12:30 p.m.

Thursday - Scrabble, 9:30 a.m.; bean bag toss, 10:30 a.m.; chronic disease management class, 1 to 3:30 p.m.

Friday - Wii games, 8:30 to 10:30 a.m.; open house, 9 a.m. to noon; exercise, 10:30 a.m.; bingo, 12:30 p.m.; members' birthday party, 5 p.m.

Noteworthy: Saturday, May 11, 2013

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BU graduation slated for May 18

BLOOMSBURG-Nearly 1,300 Bloomsburg University of Pennsylvania seniors will receive bachelor's degrees Saturday, May 18, during commencement ceremonies on the BU Academic Quadrangle.

BU will hold two commencement ceremonies for undergraduates that day. Students from the Colleges of Education and Liberal Arts will graduate at 10 a.m.; students from the Colleges of Business and Science and Technology will receive their degrees at 3 p.m.

The speaker for both ceremonies is Barbara Benner Hudock '75, CEO and founding partner of Hudock Moyer Wealth Resources.

Auditions in Lewisburg for 'Joseph'

LEWISBURG - RiverStage Community Theatre will hold auditions for "Joseph and the Amazing Technicolor Dreamcoat" from 3 to 5 p.m. Sunday, May 19, and 6 to 8 p.m. Monday, May 20, at the First Presbyterian Church, 18 Market St. Adults and teens are welcome.

Performances will be July 19 to 21 at Shikellamy High School in Sunbury. For more information, call 506-8423, or go to riverstagetheatre,org.

Wildflower and warbler walk

BARNESVILLE - Conservation volunteer "Pap" Knauss will lead a wildflower identification and warbler walk on the "Spirit of the Tuscarora Trail" at 1 p.m. Sunday, May 19, at the Tuscarora State Park.

The trail is 4 1/2 miles long, and moderate in difficulty. It winds through several diverse habitats with a beautiful view of the Tuscarora Lake cove. Those participating should bring binoculars and meet at the upper beach parking lot near the Spirit trail head.

No pets are permitted. Pre-registration is required by signing up online or calling Robin at 467-2506. The walk will be held "shine only."

LCCC summer courses set

SHAMOKIN - Luzerne County Community College will offer courses during its summer session in Northumberland and Kulpmont. Students can register for classes at the Northumberland Regional Higher Education Center at 2 E. Arch St.

Classes begin on Wednesday, May 29, and end Tuesday, Aug. 6. Final exams will be held Aug. 7, 8, 12 and 13.

Courses scheduled to be offered at the Northumberland Center include CPR, chemistry, biological science, nutrition and wellness, English, history, math, sociology, psychology, algebra and speech.

Microbiology is offered in Kulpmont.

For more information, call the LCCC Northumberland Center at 648-2544 or e-mail nedmundson@luzerne.edu.

Huggins sentenced to life in prison for Mahanoy murder

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by peter e, bortner

POTTSVILLE - With his lips sealed to the end, Jarvin M. Huggins left Schuylkill County Court Friday for a state prison cell, where he will spend the rest of his life after being sentenced for murdering a man in April 2012 in Mahanoy City.

"This type of situation is the very reason why the Legislature has instituted life without parole," Judge John E. Domalakes said in sentencing Huggins, 19, of Mahanoy City, to serve a life sentence - which in Pennsylvania carries no possibility of parole - for killing Gene M. Slavinsky, 48.

After a two-day trial over which Domalakes presided, a jury convicted Huggins on March 5 of first-, second- and third-degree murder, burglary, robbery, aggravated assault, criminal trespass, theft and unauthorized use of a motor vehicle.

State police at Frackville said Huggins hid in the basement of Slavinsky's 408 W. Centre St. home April 3, 2012, hit him about 24 times with a window counterweight and then stole his laptop computer, car and about $100 in money.

"This was a very violent murder," District Attorney Karen Byrnes-Noon told Domalakes.

Huggins declined to make a statement during Friday's 30-minute hearing and said nothing either while being led into court or when taken away.

However, Domalakes, who also sentenced Huggins to pay costs - $50 to the Criminal Justice Enhancement Account and $14,669.90 restitution - and submit a DNA sample to law enforcement authorities, said plenty in commenting on the defendant's actions.

"The evidence at trial established ... one of the most basic human motives, greed," the judge said. "He laid in wait."

Mental capacity

Domalakes also said Huggins, who showed no visible emotions or reactions to these or any other words spoken during the hearing, tampered with the house's electrical system in order to get Slavinsky down to the basement.

"He tried to pay someone to help him escape," Domalakes said. "All of this demonstrates the ability to plan and scheme."

Byrnes-Noon also said Huggins was cold, rummaging through Slavinsky's pockets after beating him.

Assistant Public Defender Kent D. Watkins had presented Pottsville psychologist David F. O'Connell at Huggins' first hearing on May 1 in an effort to establish that even though his client was legally an adult when he murdered Slavinsky, he has the mental age of a juvenile and, therefore, should not be sentenced to life without parole. The U.S. Supreme Court has barred states from imposing mandatory life sentences without parole on juveniles.

On Friday, Watkins acknowledge the state statute on sentencing is clear that chronological age is what counts, and Domalakes agreed.

"There are many bright-line standards" in the law, Domalakes said.

Watkins said after the hearing that he will file an appeal for Huggins, but otherwise declined to comment on the case. He had told Domalakes he would raise in that appeal the mental age issue.

Byrnes-Noon declined to talk about the case after the hearing.

The restitution Huggins must pay includes $5,193.45 to the state Victims Compensation Assistance Program and $9,476.45 to Paragon Services, which performed DNA testing on various pieces of evidence.

Coal firm wins suit over Natalie Mountain property

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His challenge to a lawsuit upheld by the state Supreme Court, Dennis Molesevich Sr. says it's his turn to sue.

The Mount Carmel land developer and coal company owner said Northumberland County's challenge for the mineral rights to his Natalie Mountain Estates property in Mount Carmel Township cost him millions of dollars in coal sales over the past three to four years.

"The lost revenue is phenomenal," he said, estimating $45 million.

He's preparing now to sue, and says he'll ask for a jury trial. How much he'll sue for will be based on a "daily loss of income" that he'll have experts determine.

"I just want to know, why did you sue me?" he wants the county to answer.

Molesevich said that while county officials disputed the mineral rights, they had no problem collecting some $30,000 in taxes a year on the coal, even while he couldn't mine it, and another $4,000 on property taxes for the surface rights.

As Molesevich sees it, "I was paying the taxes to fight myself."

'Out of appeals'

The Supreme Court on April 16 denied the county's petition for allowance to appeal an Aug. 2 order issued by the Superior Court. That order prohibited the county from claiming any mineral rights or pursuing what it claims was as much as $1.2 million in lost coal royalties.

"They are out of appeals," Molesevich said.

His attorney, Robert Muolo, of Sunbury, agreed the complicated

case appears to be over. He reserved further comment.

Lycoming County Judge Dudley N. Anderson determined in July 2011 that the county may not make any claim to mineral rights on the land or pursue the lost tax revenue. Citing various case law, the Superior Court panel affirmed Anderson's ruling, which allows Molesevich to retain clear title to the property and bars the county from claiming any right, lien, title or interest.

Mining to begin

Other factors to consider are interest, late fees and money spent on testing, Molesevich said.

He also notes that he could have created about 20 to 25 jobs for his own company, local truckers and coal processors during the surge; now it would be more like 10, he guessed.

The legal battle

The complicated legal battle dates to 1971.

That's when Robert J. Rosini, who now lives in Hockessin, Del., acquired the surface rights for 419.22 acres of county-owned land from Circle Coal Co. that was later known as the "Colonial Moffat Tract." Over the years, Rosini sold off parcels of the property to people who built homes on the lots.

On July 20, 2006, Rosini filed a quiet title action to clear the title and make any other claims to the property extinct. By filing the action with the county Court of Common Pleas, Rosini's intention was to include both surface and mineral rights with the property when he sold it to Molesevich.

Molesevich recalled that, after the first 30 days in which anyone claiming rights to the land went by with no response, Muolo said "we better do this again." A second 30-day notice was advertised, which wasn't legally required, but again, no claims were made against the property, Molesevich said.

On the day the quiet title action was granted by the court, Rosini sold the property, with the mineral and surface rights, to Molesevich for approximately $850,000.

Molesevich went about his initial plans to develop the land for housing, but concerns of collapse from past underground mining turned his focus toward strip mining the land instead. He did water tests, obtained permits and even purchased a dragline coal excavator - which, he points out, is still sitting in Tremont.

It was nearly four years later - 1,180 days, Molesevich said - that the county suddenly sued, claiming rights to the minerals.

Not only had all that time gone by, but Molesevich said there are other ironies: in any multiple landowner situation, the consent of all parties is required before any mining can be done, so the county would have needed his OK as the surface rights owner to get the coal if it in fact had the mineral rights. Also, the land, before Molesevich's purchase, was in ownership limbo, so the county wasn't getting any revenue, even though it had rights to the land because it was a taxable estate.

The quiet title was supposed to have cleared all that up.

"When they sued, we stopped dead in the water," he said. "When the government tells me to do something - I stop."

Failed to appear

The county's case fell apart based mostly on the fact that its attorneys failed to appear in court when the quiet title action was initiated. In fact, a lawsuit was filed in July 2008 by the commissioners against attorneys Frank Konopka and Guy Schlesinger, who served as the county solicitors at the time of the title filing in 2006. The lawsuit seeks monetary damages and claims negligence on the part of both attorneys.

County Commissioner Vinny Clausi said the lawsuit against the attorneys was put on hold until the suit involving Molesevich was settled.

Molesevich remembers being asked in court whether Konopka or Schlesinger had ever done work for him. He believes the suggestion was that those involved with the sale and purchase conspired with the attorneys to have the land sold without any objection from the county over the mineral rights.

"I've been in business 40 years; I can make money a lot of different ways," Molesevich said this week. "I don't have to steal it."

Also complicating the case was the fact that the county prothonotary didn't stamp the docket for a transfer of county land on the property sale, which Anderson, the Lycoming County judge, ruled on Jan. 28, 2011, to mean it was not a valid or legal document.

After Anderson's ruling, which set the clock back and gave the county the opportunity to file the proper paperwork for an appeal, Molesevich and Muolo filed to strike the county's answer because it was too late. Muolo said a court order had been issued May 18, 2006, requesting the county file an answer to the quiet title issue within 30 days. But Muolo said an answer was never filed.

Meanwhile, attorney Richard T. Abell of the law firm Powell, Trachtman, Logan, Carrle and Lombardo, P.C., King of Prussia, representing the county, said the county never received a notice to defend itself in the quiet title transaction.

Still, Anderson ruled that the county's Feb. 25, 2011 "instant motion" for consideration was too late.

"For lack and promptness and reasonable explanation, the court will not reconsider the order of May 18, 2006," he wrote.

The court also considered the significant investment Molesevich made in the property during the time the commissioners failed to respond, according to court documents.

Northumberland County Judge Charles Saylor heard arguments in the case in October 2010 before recusing himself from further involvement because of a potential conflict of interest. Saylor issued an order stating Molesevich was a "longtime" client of the law firm Saylor worked for before his election to the bench. The two other county judges - Robert B. Sacavage and William H. Wiest - also recused themselves due to potential conflicts.

County tab: $199,956

Molesevich said there was a "truckload" of money spent by both sides in the case. He said he hasn't added up his total, and that he'd likely be embarrassed to admit how much it is.

As for the county, the total as of this week is $199,956, according to county Controller Tony Phillips.

Clausi, who wasn't in office when the case was initiated by former commissioners Frank Sawicki, Kurt Masser and Samuel Deitrick, agrees the lawsuit is a "done deal." He reiterated this week his previous stance that the county should not have pursued the case as far as it did.

"Mr. Molesevich asked us to negotiate, and I went to Kurt Masser and Frank Sawicki about negotiating the coal royalty rate. But they told me no and said we should move forward with the case," he said.

Later, despite Clausi's objection to appeal the Superior Court's ruling, county solicitor Frank Garrigan said current fellow Commissioners Stephen Bridy and Richard Shoch agreed to file an appeal with the Supreme Court.

Sawicki, Deitrick and Masser, who is now a state representative for the 107th Legislative District, said they didn't want to comment about the case when contacted this week.

Clausi maintains the county lost because Konopka and Schlesinger failed to appear in court in 2006 to defend the county.

"I don't blame Molesevich for feeling the way he does and fighting the case. In my opinion, he abided by the law from day one," Clausi said. "I believe we should go after Konopka and Schlesinger" to recoup the loss, he said.

Konopka declined comment when asked this week to respond to Clausi's criticism. Efforts to reach Schlesinger were unsuccessful.

'Hurt' financially, personally

Molesevich still wonders what the county's motive was in trying to stop him from mining the property.

"It hurt my company and my family and a lot of people around me," he said. "Why would you sue me? I'm already paying you and you can't take a pound (of coal) out without my say-so," he continued, referencing the need for all parties to approve mineral extraction. "Why would you do that?"

He said he expects battles among business competitors, but not from the government, especially local government. That hurt personally, he said, considering his investments in economic development in the county.

Otherwise, Molesevich has tried to maintain a sense of humor despite the fact that things haven't gone as planned since his land purchase almost seven years ago.

"All I've taken off that property is a 9-point buck," he said.

Schuylkill County Airport thinks big

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MOUNT PLEASANT - It might be a long shot, but local authorities believe Schuylkill County/Joe Zerbey Airport has a lot to offer as the Federal Aviation Administration looks to build a new major air traffic control center.

"It's better to throw your hat in the ring than not at all," Bill Willard, airport manager, said Tuesday.

Over the next 10 years, the FAA plans to consoli-

date dozens of control operations in the Northeast into four major centers. Instead of updating the radar-based equipment - some more than 35 years old - the FAA wants to build a new center using satellites within 150 miles of New York to be used for the New York, Philadelphia and New Jersey region. It will replace two outdated systems on Long Island.

Known as the Liberty Integrated Control Facility, the 250,000-square-foot installation will at first create 850 jobs and could eventually have up to 1,200 workers.

More than 40 sites have been proposed for the control center and only a few have been visited by FAA officials.

In July, FAA Administrator Michael Huerta said the center will be located in New York with Long Island being the preferred location.

U.S. Sen. Pat Toomey has continued to request that the FAA reconsider the Tobyhanna Army Depot for the $200 million project. Less than 100 miles from New York, the Tobyhanna location has the land, infrastructure, security, electronics and radar capabilities for the facility, Toomey said.

The FAA plans to start building the tower in 2016 and have it fully operationally by 2020.

However, the airport in Schuylkill County also meets qualifications for the project.

"I think we have a lot to offer," Willard said.

Willard, along with Frank Zukas, president of the Schuylkill Economic Development Corporation, and members of the county conservation district, wrote letters to the FAA explaining all the assets the county airport brings for such a project.

In addition to being just under 150 miles from New York, Willard said the Joe Zerbey Airport has great radio reception, interstate access and a lot of available land. Willard also said the area has a much lower cost of living than New York.

Willard said he has not yet heard back from the FAA about a site visit.

"It's worth a shot," Willard said. "If you don't take the shot, you won't know."

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