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Dermody wants Penn State fine money spent in PA

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Lawmaker seeks PSU fines

for child victims in state

HARRISBURG - A key House Democratic lawmaker wants child victims aid agencies in Pennsylvania to be the sole recipients of $60 million in fines levied against Pennsylvania State University.

The $60 million should be distributed to help service agencies in Pennsylvania and not those in other states, said Minority Leader Frank Dermody, D-33, Allegheny County.

"There should be pressure put on to make sure that money stays here," he added.

Mr. Dermody said many service agencies have been hit with state budget cuts in recent years.

As part of sanctions levied by the NCAA last month over the Jerry Sandusky child sex abuse scandal, Penn State has agreed to pay $12 million a year during the next five years into an endowment to fund programs aimed at curbing child abuse and helping abused kids.

A Penn State spokesman said decisions on how to spend the money have yet to be made.

"The consent decree does not specify the organizations that will receive funding from the endowment to be created," said spokesman David LaTorre. "It does, however, provide that the proceeds of the fine may not be used to fund programs at the university."

Penn State is currently working to formulate a plan to create and administer the fund, added Mr. LaTorre.

Contact the writer: rswift@timesshamrock.com


Two teens charged in Tobyhanna shooting

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TOBYHANNA - Two Tobyhanna teenagers were arrested Thursday morning after a shooting that left a teen girl unconscious, Pocono Mountain Regional Police said.

Dominique Smith, 17, was charged as an adult with attempted homicide after allegedly shooting a 16-year-old girl following a drug deal gone bad Thursday at 2:15 a.m. on Little Billy Lane, police said.

An unidentified 16-year-old girl was charged through the juvenile court with hindering apprehension and fleeing and eluding police, police said. The victim remains at Lehigh Valley Hospital Center, according to the report. Her condition was not available.

Mr. Smith is in Monroe County Correctional Facility.

Rendell says 'City officials are wussies'

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Former Gov. Ed Rendell has a message for city officials: Stop being "wussies."

At the signing of his memoir, "A Nation of Wusses," at Connell Lofts in downtown Scranton on Friday, Mr. Rendell said it is time city officials all sit down together and work out an agreement to fix its financial mess.

"City officials are wussies because they haven't acted in the long-term interest of the city," Mr. Rendell said. "You need to say 'what is the best way to get out of this' and if you don't, you're wussies. I am hopeful that they will."

Scranton Councilman Pat Rogan said he wouldn't use the term "wussy," but sees what the former governor means. "I've been asking for two months for everyone to sit down together and that never happened," Mr. Rogan said. "During the length of this entire crisis, there hasn't been one meeting (with) all six elected officials."

Mayor Chris Doherty, council President Janet Evans and Councilmen Frank Joyce, Jack Loscombe and Bob McGoff could not be reached for comment.

Mr. Rendell said that while the municipal workers did not cause or contribute to the financial crisis, they have to be "part of the solution" by reducing benefit packages and by paying more into their pensions.

"Those are things that are inevitable and they're happening everywhere across the country," Mr. Rendell said. "If they can keep all the jobs, even if it means changing work rules, changing benefits, paying in to pensions, that's in the worker's long-term interest and it's in the citizens' long-term interests."

He said the city will not get out of this financial crisis without "pain" and both council and Mayor Chris Doherty need to be willing to accept the pain. He said the mayor is right in terms of sacrifice, but he added that sacrifice needs to be "across the board."

His message to Scranton taxpayers? "Hang in there."

Mr. Rendell said he remains optimistic about the city of Scranton. Should the financial crisis be solved without bankruptcy, he believes the city of Scranton's economic vitality will pick up again, even if the tax burden is higher.

"If Scranton becomes a place where people want to be, Scranton will overcome that burden," Mr. Rendell said.

Mr. Rendell does not believe, however, that Gov. Tom Corbett is a "wussy."

He said there can be no complaints about Mr. Corbett's plan because he's "doing exactly what he said he would do."

"It's too late to complain and say 'why is the governor doing this, or why is the governor doing that?' " Mr. Rendell said. "I wouldn't put $400 million in the rainy day fund at the same time I was cutting education and care for our most vulnerable citizens."

Mr. Rendell said that recent cuts to education will, in the long term, hurt student achievement. The funding to targeted programs, such as pre-kindergarten, full-day kindergarten and after-school tutoring made a "huge difference" in student achievement, he said.

"Money doesn't guarantee success for your education system," Mr. Rendell said. "But not having it so you can finance the right programs makes a huge, detrimental difference."

Mr. Rendell said cutting the General Assistance cash grant was not something he would have done. He said that since the program had been "cut to the bone" in terms of eligibility, there needs to be some form of mental or physical disability in order to qualify for a cash grant and said these people need to extra money to survive.

"To cut these folks it means inevitably they're going to wind up on the street homeless or in prison," Mr. Rendell said. "And all of those things have a social cost that we're going to wind up paying for anyway."

Contact the writer: jkohut@timesshamrock.com @jkohutTT on Twitter

Scranton would lose $2.2M from state by OKing plan without PEL nod

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A $2.2 million state aid offer to cash-strapped Scranton would be yanked if the mayor and council adopt a financial recovery plan that has not first been approved by the city's state-appointed recovery coordinator, a state official said Friday.

Rescinding the aid offer is not the goal of the state Department of Community and Economic Development, but it would have no choice if the city's final word to its recovery coordinator, the Pennsylvania Economy League, on a mayor/council recovery-plan proposal is 'take it or leave it,' said DCED spokesman Steve Kratz. The state aid offer is contingent on the mayor and council reaching consensus on and adopting a recovery plan that is acceptable to PEL, he said.

"We're hopeful that things will get back on track and the mayor and council will continue to have dialogue with PEL, in order to produce a viable recovery plan," Mr. Kratz said.

An updated realistic recovery plan showing how Scranton would restore fiscal stability and be able to repay loans is required by lenders before they again would provide financing to the city, Mayor Chris Doherty has said.

After months of stalemate, the mayor and council President Janet Evans reached an accord July 27 on a proposal to increase real estate taxes by 33 percent over the next three years, which is less than half of the 78 percent in real estate tax hikes Mr. Doherty proposed in May and that council staunchly opposed.

Instead of larger tax hikes, the new mayor/council proposal contains various alternative revenue sources, such as commuter and sales taxes and significantly increased voluntary contributions from nonprofit organizations.

This "consensus" plan was sent for review to PEL, which under the state Act 47 law would first have to approve it before the city could implement it, officials said.

On Thursday, shortly before the council meeting, PEL issued to the city a sobering letter detailing the city's dire financial plight and expressing concerns that much of the proposed plan's alternative revenues are far from guaranteed. PEL wants the mayor and council to identify backup revenue sources, most likely property tax increases, should alternative revenues not materialize.

Council President Janet Evans - in no uncertain terms - said the city's proposal is final, and PEL can "take it or leave it." She characterized PEL's letter as a rejection of the mayor/council consensus.

Mr. Kratz said, "We're seeking some clarification and fallback scenarios if the revenues that are out of the city's control do not come to fruition. PEL wants to continue the dialogue with the city to not reject the plan but to refine the plan."

The council forged ahead Thursday with introducing an ordinance, on a 3-1 vote, to implement the revised plan even though it lacks PEL's OK. A public hearing and second reading are expected to be held Thursday, and a third reading and vote on adoption would be held Aug. 16, Mrs. Evans said.

However, that appears to be akin to the city putting its revised-plan horse before the PEL cart. Under Act 47, only the city's Act 47 coordinator (PEL) can amend the city's existing recovery plan, Mr. Kratz said. And typically only after PEL gives its blessing to such a revision would the mayor and council then take up a legislative ordinance to implement the new plan, he said.

Asked whether a council ordinance adopted without PEL's approval would have any binding effects, Mr. Kratz declined to comment, saying, "I don't want to cross that bridge until we get there."

Whether another stalemate - this time pitting mayor/council against PEL/DCED - ensues and unravels recent progress remains to be seen.

Mr. Doherty said the city should put the PEL requested backup revenues into the plan and expressed confidence that the alternative revenues would be realized.

"PEL and DCED are saying, 'You have to put the worst-case scenario in case you are not going to get anything' (in alternative revenues), but we are going to get those," the mayor said. "I think we can get through this. We're very close here and it's just a matter of working together. This is not about confrontation. It's about working together."

The city has been designated as financially distressed under Act 47 for the past 20 years. While Act 47 makes PEL a required party to the process, even if the mayor and council accede to PEL requests for real revenue sources, Act 47 has no real teeth to force the Home Rule Charter city to abide by a recovery plan, the mayor noted.

"We're the leaders of the city. They're (PEL) not," Mr. Doherty said.

Contact the writer: jlockwood@timesshamrock.com

Ashley woman arrested for stealing bath supplies

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Woman accused of shoplifting

TAYLOR - Borough police arrested a Luzerne County woman at Wal-Mart on Wednesday who was apparently planning to outfit her bathroom with stolen goods.

Sandra Young-Clough, 54, 45 Wyoming St., Ashley, had crammed a shower head, a shower curtain and a selection of towels into her purse when she was stopped outside the store on South Main Avenue for shoplifting, according to the complaint.

Ms. Young-Clough, who was already on probation, was charged with felony retail theft and was sent to Lackawanna County Prison in lieu of $2,500 bail.

A preliminary hearing is scheduled for Wednesday.

Local Turkey Hill sells $3.1 million lottery ticket

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A multimillion-dollar-winning lottery ticket was sold at a local Turkey Hill on Thursday evening.

The jackpot-winning Match 6 Lotto ticket was sold at the Turkey Hill at 925 Main St. in Dickson City. It matched all six winning numbers, 13-22-23-29-33-39, for the grand prize of $3.1 million, minus 25 percent in federal taxes.

Pennsylvania Lottery officials have not yet confirmed the identity of the jackpot winner. Officials said Match 6 winners have one year from the drawing date to claim their prizes.

Hoping the store's "good luck" would bring her a new influx of cash, Pauline Bolcavitch drove from Jessup to purchase two Cash 5 lottery tickets.

"I don't even play on a regular basis, but I figured now would be a good time to start," Ms. Bolcavitch said. "Maybe we can get a winner two nights in a row."

The highest jackpot-winning prize ever awarded by the Pennsylvania Lottery was a $115.5 million Super 7 jackpot from April 26, 1989, shared among 14 winning tickets, Deputy Press Secretary for the Pennsylvania Lottery Allison Roberts said. The largest single-ticket jackpot-winning prize was a $110.2 million Powerball prize from May 8, 2004, Ms. Roberts said.

In November, Exeter Twp.'s Steven Lloyd won a $59.9 million Powerball jackpot.

The Dickson City retailer will receive a $10,000 bonus for selling the winning ticket, according to Ms. Roberts.

Contact the writer: miorfino@timesshamrock.com, @miorfinoTT on Twitter

Selenski to face death penalty at upcoming murder trial

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WILKES-BARRE - Hugo Selenski will face the death penalty if convicted of first-degree murder in his upcoming trial, a judge ruled Friday.

Luzerne County Judge Fred A. Pierantoni denied a request to stop the prosecution from pursuing capital punishment. Mr. Selenski is accused of killing pharmacist Michael Kerkowski and Mr. Kerkowski's girlfriend, Tammy Fassett, in 2002. The trial is scheduled to start Sept. 10.

When prosecutors filed a notice of aggravating circumstances to pursue the death penalty, they noted Mr. Selenski's "significant history of felony convictions involving the use or threat of violence" as grounds for capital punishment. Mr. Selenski is already serving 32½ to 65 years in state prison on a Monroe County home-invasion conviction.

The prosecution "may not proceed with a capital case where it files an unwarranted notice of aggravating circumstances spun from allegations not based on verifiable facts" but "has no pre-trial burden to prove an aggravating factor," Judge Pierantoni wrote.

"Furthermore, the responsibility of the trial court is simply to ensure that the commonwealth is not seeking the death penalty for an improper reason," the judge added.

Judge Pierantoni also rejected defense requests to dismiss the homicide charges on several grounds, including the long period between the killings in May 2002 and the filing of charges. The homicide charges were filed in 2006 after Mr. Selenski was acquitted in the killings of Frank James and Adeiye Keiler, whose remains were discovered in his backyard.

The defense also claimed Mr. Selenski was denied his right to a speedy trial because of numerous delays in the case. Judge Pierantoni agreed with the prosecution, which claimed Mr. Selenski had knowingly and repeatedly waived his speedy-trial rights.

Some delays resulted from Mr. Selenski's decision to abandon his first set of court-appointed lawyers and briefly represent himself and from appeals dealing with evidence. At least six county judges have been assigned to the case.

Shelley Centini and Edward Rymsza have been Mr. Selenski's defense attorneys since February. Last year, Mr. Selenski dismissed his attorneys and said he would represent himself, only to later ask for new court-appointed counsel.

Contact the writer: mbuffer@citizensvoice.com

Prosecutor finalist for national volunteer award for work with Marley's Mission

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Prosecutor wins national award

LAKE ARIEL - Lackawanna County First Assistant District Attorney Gene Talerico has been named a "Volunteer of the Year" on the East Coast for his work with Marley's Mission.

StayClassy, a social fund-raising platform for nonprofits, announced Mr. Talerico's honor earlier this week after an online voting period, according to a news release.

Mr. Talerico, president of the equine-assisted therapy program, is eligible for the national volunteer honor in this year's Classy awards, according to the release.


Unused intermodal center funds may be in jeopardy

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Nearly $3 million in federal funds earmarked for a downtown Scranton transit hub is being reconsidered by the U.S. Department of Transportation after the grant for the long-stalled project was unused for more than a decade.

The County of Lackawanna Transit System learned last week that $2.9 million in undistributed federal funds earmarked for the intermodal transportation center by Congress between 1998 and 2000 would no longer be dedicated to the project because the money had not been spent.

U.S. Sen. Bob Casey said Friday that federal transportation Secretary Ray LaHood agreed to send a team to Scranton to assess the project and potentially reconsider the fate of the funds after he spoke with Mr. Casey on Thursday.

"COLTS provides an important service to residents in Northeastern Pennsylvania, including to the many older citizens who depend on these buses for everyday activities like doctor's appointments and groceries," Mr. Casey, a Democrat, said. "The Department of Transportation should recognize the positive steps that COLTS has taken to build the Intermodal Transportation Center and reverse their misguided decision to pull resources from the project."

The intermodal center was first proposed in the late 1990s as a station for county and commercial buses, and passenger rail service if it ever materializes, in the 100 block of Lackawanna Avenue on the site of a parking lot for the State Office Building.

It was plagued by delays, first by a state bill necessary to transfer the state-owned lot to COLTS, then when the Federal Transit Administration in 2008 ordered COLTS to repay $907,000 for violating federal law by failing to seek competitive bids for the design work for the station.

COLTS has since had to reinvent much of the project. It received new architecture and engineering bids, selected a new firm, paid back the federal funds, started an environmental review and finished about a quarter of the new preliminary design work, COLTS Executive Director Robert Fiume said.

"We're moving full speed ahead," he said, adding that groundbreaking for the project is tentatively scheduled for the spring.

"We've worked with the Federal Transit Administration to get all those past wrongs corrected," he said. "It's been a total turnaround."

COLTS began withdrawing money from the earmark for the new design work several weeks ago, he said.

The federal money is crucial to the estimated $12 million project. Mr. Fiume said he is convinced the Transportation Department will recognize the project's progress if it reassesses it.

"We need this $3 million," Mr. Fiume said.

The Department of Transportation did not respond to a request for comment.

In a letter to Mr. LaHood on Friday, Mr. Casey said it would be insufficient to allocate money from the county's federal formula grants to try to replace the earmarked funds.

"Especially in the midst of this fragile economic climate, COLTS and its riders cannot afford to lose $2.9 million," he wrote.

Contact the writer: llegere@timesshamrock.com

Funeral Notices 8/4/2012

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BARRETT, CLARA V., formerly of Carbondale, today, Brennan and Brennan Funeral Home Inc., 55 Lincoln Ave., Carbondale. Mass, 9:30 a.m., St. Rose of Lima Church. Interment, private, St. Rose Cemetery, Carbondale. Condolences: brennanfuneral homes.com.

BENZELESKI, FRANCES JONES, Scranton, private. Arrangements: Solfanelli-Fiorillo Funeral Home Inc., 1030 N. Main Ave., Scranton. Condolences: solfanellifiorillofu neralhome.com.

BOLAK, ANDREW, Simpson, Tuesday, Joseph W. Scotchlas Funeral Home Inc, 621 Main St., Simpson. Divine Liturgy, 10 a.m., SS. Peter and Paul Greek Catholic Church, Rittenhouse Street, Simpson, by the Rev. Myron Myronyuk. Interment, Our Lady of Czestochowa Cemetery, Doylestown. Calling hours, Tuesday, 8:30 to 9:30 a.m. Condolences: scotchlasfuneralhome.com.

BOWAN, ARMY SGT. DAVID KEITH, Simpson, Monday, funeral with military honors, 11 a.m., Carmine J. & Louis C. Parise Funeral Home and Cremation Services Inc., Farview and 41st Streets, Carbondale, with Maj. Ryan C. Kraus, chaplain of the 109th Infantry Regiment, officiating. Interment, Valley View Memorial Park, Scott Twp. Calling hours, Sunday, 3 to 8 p.m. Condolences: parisefuneralhome.com.

BURNETT, MARY ZITA, Carbondale, Monday, Brennan and Brennan Funeral Home Inc., 55 Lincoln Ave., Carbondale. Mass, 9:30 a.m., St. Rose of Lima Church. Interment, Our Mother of Sorrows Cemetery, Finch Hill. Calling hours, Sunday, 4 to 8 p.m. Condolences: brennanfuneralhomes.com.

COSTELLO, JAMIE LEE, private. Interment, SS. Peter and Paul Cemetery, Taylor. Arrangements: Thomas J. Hughes Funeral Home Inc., 1240 St. Ann's St., Scranton.

COUTURE, LARRY P., Newfoundland, Monday, noon, Arthur J. Frey Funeral Home, 201 LaAnna Road, South Sterling. Interment, Pine Grove Cemetery, South Sterling. Calling hours, 10 until service time.

COYNE, HELEN M., Scranton, Friday, Mass, St. Ann's Basilica Upper Church, by the Rev. James Price, C.P.; the Rev. David Cinquegranie, C.P.; and Monsignor David Tressler. Pallbearers: Matt Hill, Brendon Marcks, John, Chris, Patrick, Cory, James, Jerry, Michael and Gabriel Coyne. Interment, Cathedral Cemetery, Scranton.

DUNN, ESTHER J., Honesdale, Berlin Twp., today, 1 p.m., Arthur A. Bryant Funeral Home, 1228 N. Main St., Honesdale, with Brother David Stiles and Brother James Harper of the Christadelphian Ecclesia officiating. Interment, today, Glen Dyberry Cemetery. Contributions: Honesdale Christadelphian Chapel, 204 Water St., Honesdale, PA 18431 or local Humane Society of the donor's choice. Condolences: bryantfuneral home.com.

FASTIGGI, MARY A., formerly of Dunmore, today, Carlucci-Golden-DeSantis Funeral Home Inc., 318 E. Drinker St., Dunmore. Mass, 9:30 a.m., St. Anthony of Padua Church, Smith Street, Dunmore, by the Rev. Joseph Kopacz. Interment, Cathedral Cemetery, Scranton. Condolences: dunmorefuneralhome.com.

FLYNN, CLARA ANN, Scranton, Monday, 9 a.m., McGoff-Hughes Funeral Home Inc., 1401 Capouse Ave., Scranton. Mass, 9:30, St. Paul's Church, 1510 Penn Ave., Scranton. Interment, St. Catherine's Cemetery, Moscow. Calling hours, Sunday, 3 to 6 p.m. Contributions: St. Joseph's Center, 2010 Adams Ave., Scranton, PA 18509.

KELLY, PATRICIA "PAT," Keyser Valley section of Scranton, Friday, Thomas P. Kearney Funeral Home Inc., Old Forge. Mass, Immaculate Heart of Mary Chapel, Scranton. Pallbearers: James and Kyle Walsh; Mark Purcell, Greg Smith, Thomas Duffy and Fred Mazurik, all nephews. Interment, Washburn Street Cemetery, Scranton.

KING, WILLIAM M. JR., Monday, 8:45 a.m., Thomas P. Kearney Funeral Home Inc., 517 N. Main St., Old Forge. Mass, 9:30 a.m., Nativity of Our Lord Church, 633 Orchard St. Entombment, Cathedral Cemetery Mausoleum. Calling hours Sunday, 3 to 6 p.m. Donations: favorite charity. Condolences: kearneyfuneral home.com.

KLEM, HELEN M., Peckville, Mass, today, 9:30 a.m., Sacred Heart of Jesus Church, Willow Street, Peckville. Interment, Our Mother of Sorrows Cemetery, Finch Hill. Arrangements: Carlucci-Golden-DeSantis Funeral Home Inc., Dunmore. Calling hours: 8:45 until Mass, at the church. Condolences: dunmorefuneralhome.com.

LOVER, DENISE MARIE, and her son, John Vito Lover, Olyphant, Mass, Friday, Holy Cross Parish at St. Patrick's Church, Olyphant, by Monsignor Michael J. Delaney. Pallbearers: Joseph and Matt Bakowski. Burial, Mount Carmel Cemetery, Dunmore.

MARINCHAK, GARY J., West Scranton, calling hours, Sunday, 2 to 5:30 p.m., Edward J. Chomko Funeral Home, 254-268 Railroad Ave., West Scranton. Blessing service, 5:30, by the Rev. Joseph Sica. Interment, private. Condolences: chomkofuneralhome.com.

MARTARANO, DORA RIZZOLO, formerly of Dunmore, today, 9 a.m., John F. Glinsky Funeral Home, 445 Sanderson St., Throop. Mass, 9:30, Our Lady of Mount Carmel Parish, Chestnut Street, Dunmore. Burial, St. John's Cemetery, Jessup. Condolences: jfglinskyfuneralhome@gmail.com.

MERRICK, DAVID L., Tunkhannock, Sunday, 1 p.m., Tunkhannock United Methodist Church with the Rev. Peter F. Geschwindner officiating. Calling hours, today, 2 to 4 and 6 to 8 p.m., Sheldon-Kukuchka Funeral Home, 73 W. Tioga St., Tunkhannock. Contributions: Tyler Health Partnership, 5950 Route 6, Tunkhannock, PA 18657 or Tunkhannock United Methodist Church, PO Box 447, Tunkhannock, PA 18657. Condolences: www.sheldonkukuchkafuneralhome.com.

O'BOYLE, JAMES F., Scranton, today, 9:30 a.m., Thomas J. Hughes Funeral Home Inc., 1240 St. Ann's St., Scranton. Mass, 10, St. Ann's Basilica. Interment, Cathedral Cemetery, Scranton.

PHILLIPS, JAMES DOMINICK "JIM," Chesterfield, Va,. formerly of Hagerstown, Md., Mass, today, 1 p.m., St. Mary's Catholic Church, 224 W. Washington St., Hagerstown, by the Rev. James Nirappel. Interment, Rest Haven Cemetery. Contributions: National Hospice Foundation, P.O. Box 824401, Philadelphia, PA 19182-4401.

ROWAN, THOMAS J. JR., resident of the Julia Ribaudo Nursing Home, Monday, 6 p.m., Jenkins Funeral Home, 269 Belmont St., Waymart, by the Rev. William Rushik, pastor of South Canaan Free Methodist Church. Contributions: Wayne County Livestock Scholarship Fund, Nebzydoski-White Memorial Fund/Jr. 4-H Livestock Sale, 409 Stock Farm Road, Lake Ariel, PA 18436.

RUPE, ANTHONY "LENNY," Peckville, today, James M. Margotta Funeral Home, 1019 Main St., Peckville. Mass, 9:30 a.m., St. Patrick's Church, Olyphant. Interment, Holy Ghost Cemetery, Blakely. Condolences: margottafu neralhomes.com.

SHAFFER, MILDRED R., Dudley, N.C., private memorial service. Arrangements: J.B. Rhodes Funeral Home and Cremations.

SNYDER, PATRICIA L., North Scranton and most recently the Jewish Home, Mass, today, 9:30 a.m., Holy Rosary Church, 316 William St. Arrangements: Knight-O'Donnell Funeral Home, Scranton. Interment, St. Catherine's Cemetery, Moscow. Contributions: Jewish Home of Eastern Pennsylvania's Alzheimer's Unit, 1101 Vine St., Scranton, PA 18510.

SOBESKI, JOSEPH V., Duryea, Mass, today, 10 a.m., Holy Rosary Church, Duryea. Interment, Mount Olivet Cemetery, Carverton. Calling hours today, 9 to 10, church. Contributions: Scranton Cultural Center, 420 N. Washington Ave., Scranton, PA 18503. Arrangements: Bernard J. Piontek Funeral Home Inc., 204 Main St., Duryea.

TINDLE, MICHELE, Nicholson, Michele's request that there be no services. Arrangements: Charles H. Litwin Funeral Home, 91 State St., Nicholson. Condolences: litwinfuneralhome.com.

WARGO, MILDRED R., Cortez, no flowers. Private Mass, St. Thomas More Church, Lake Ariel. Interment, private, All Saints Cemetery, Hollisterville. Condolences: jameswilsonfuneral home.com.

WELTZ, LOUIS W., Taylor, today, 11 a.m., Thomas P. Kearney Funeral Home Inc., Old Forge. Interment, Holy Cross Cemetery, Old Forge. Military services by the AMVETS Honor Guard Post 189, Greater Pittston.

WILSON, ARTHUR D., Springville, today, 10 a.m., St. Peter's Episcopal Church, Tunkhannock, by the Rev. Lou Diva. Light luncheon follows at church. Contributions: St. Peter's Episcopal Church, 3832 Route 6, P.O. Box 459 Tunkhannock PA, 18657; or Chinchilla Hose Company, 113 Shady Lane Road, Chinchilla, PA.Condolences: aplit winfuneralhomes.com.

ZAHRADNICK, FRANCES DELFINO, Archbald, Thursday. Mass, Christ the King Church, by the Rev. Christopher Saad. Pallbearers: Ryan Zigray, Scott and Brandon Kearney, grandsons; Jack Kearney and James Zigray, sons-in-law; and Aaron Yorkonis. Interment, parish cemetery.

ZAPOTOCKI, REV. HENRY E., St. Mary's Villa, Roaring Brook Twp., viewing, Our Lady of Victory Parish, 327 Cherry Lane Road, Tannersville, Sunday, 3 to 6:30 p.m., and Monday before the Mass. Vigil Mass, 7 p.m., Sunday, Our Lady of Victory, by the Rev. Thomas D. McLaughlin, Dean, presiding. Mass, by the Most Rev. John M. Dougherty, D.D., auxiliary bishop emeritus of Scranton, Monday, 11 a.m., Our Lady of Victory Parish. Interment, St. Mary of the Maternity Parish Cemetery, Forty Fort. Contributions: Villa of St. Joseph, 1600 Green Ridge St., Scranton, PA 18509.

Wyoming County Court Notes 8/4/2012

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WYoming COUNTY COURT NOTES

Wyoming County Court notes appear Thursdays in The Times-Tribune.

Property transactions

- James C. and Taryn J. Barrall to Mark A. and Star N. Gubbiotti, a property in Noxen Twp. for $90,000.

- Mountain Stone LLC, Lang­don Group LLC and Starzec Builders LLC, to Brett Fowler, a property in Nicholson Twp. for $282,000.

- Penny S. Tinna, Penny S. Bly, Robert Bly to Matthew and Glenda L. Mc Groarty, a property in Braintrim Twp. for $35,000.

- Christine M. and Joseph A. Zambo to Edward R. and Cath­erine R. Whitman, a property in Meshoppen Twp. for $40,000.

- Nicholas A. Puza, Chelsey L. Stonier, Chelsey L. Puza to Jason A. and Melissa L.F. Freethy, a property in Tunkhan­nock Twp. for $168,000.

- Mary E. Kristunas Mock and Clifford A. Mock Sr. to Mary E. Kristunas Mock and Clifford A. Mock Sr., a property in Eaton Twp. for $1.

- Wyoming County sheriff, Bernard J. O'Malley Jr. to M&I Bank a property in Clinton Twp. for $4,360.03.

- Helen and John H. Baker to John H. Baker, a property in Wind­ham Twp., for $1.

- Charles R. Nealy, trustee, Katherine M. Nealy, trustee, Nealy Charles R. Trust, Nealy Katherine M. Trust, to Charles R. Nealy and Katherine M. Nealy, a property in Braintrim Twp. for $1.

- Donald Schaefer, executor, George Herman Schaefer, deceased, George H. Schaefer, deceased, to Donald R. Schae­fer, Mary Louise Schaefer, a property in Eaton Twp. for $1.

Marriage licenses

- Adam W. Sweet, Glen Lyon, and Jacqueline Pasternak, Factoryville.

- Michael G. Sutterfield Jr. and Amanda Janean Kent, both of Meshoppen.

- Alan R. Brown and Shannon M. Faux, both of Shavertown.

Wanted homeless man arrested on drug charges

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Lackawanna County detectives arrested a homeless man wanted on a bench warrant Thursday after he allegedly sold heroin in Scranton.

David Hope, 19, was arrested at Pond Avenue and Dean Street after he sold the drug in a deal arranged by investigators, according to a criminal complaint.

At the time, he was already wanted on a bench warrant filed by the Lackawanna County sheriff's office.

Mr. Hope failed to appear for a drug test on July 19, stemming from a previous case in which he was charged with possession with intent to deliver a controlled substance, according to The Times-Tribune archives.

On Sunday, Mr. Hope appeared in The Sunday Times' Most Wanted column.

Mr. Hope - who was found with six bags of heroin after the deal on Thursday - was taken into custody on the bench warrant and additionally charged with possession with intent to deliver a controlled substance and criminal use of a communications facility, among related charges.

Contact the writer: domalley@timesshamrock.com, @domalleytt on Twitter

Taylor man wanted for cashing bad checks

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TAYLOR - Police are looking for a borough man wanted for cashing bad checks with his girlfriend, who was arrested on Wednesday.

Brent Fallon, 30, 119 Storrs St., eluded officers responding to Price Chopper, 1510 S. Main Ave., after he fled with his girlfriend, Denise Tomasko, 27, same address. She was apprehended after a chase, according to a criminal complaint.

The couple were on their third trip in three days to Price Chopper, where they had already cashed $1,865.04 in checks drawn on a closed bank account, according to the complaint.

When a manager began to question them on Wednesday, the couple fled on foot, according to the complaint.

Ms. Tomasko had a syringe she said she had just used to "shoot up" in her purse at the time of her arrest minutes later, according to the complaint.

She was charged with bad checks, criminal attempt and possession of drug paraphernalia and later sent to Lackawanna County Prison in lieu of $5,000 bail.

A preliminary hearing is scheduled for Wednesday.

Mr. Fallon remained wanted Friday on three counts of bad checks.

Contact the writer: domalley@timesshamrock.com, @domalleytt on Twitter

Marywood to host student veteran conference

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Christopher Smith is not the typical Marywood University student. The Dunmore resident is 29 years old and an Iraq War veteran.

He went from a structured and rigid military life to a college life with much more freedom. A new office at Marywood has made the transition easier.

Mr. Smith will speak about the university's new Office of Military and Veteran Services and the need for such offerings during a three-day conference that starts Monday at Marywood.

The "Beyond GI Joe: The Contemporary College Student Veteran" conference will address how to better serve the growing student population. It is aimed at educators, social workers and anyone in the community who may serve veterans. National experts will facilitate workshops, and continuing education credits are available.

Lauren Williams opened Marywood's veterans office earlier this year and serves as its director. It operates as a "one-stop shop" for students, from assisting with GI Bill benefits to offering programs that aid in the transition from military member to student civilian.

The university has 70 to 75 veterans and 10 to 15 students in the guards or reserves.

Ms. Williams, whose husband is an Army veteran, said when people enlist, they give up their civilian identity. When they leave the military, they are not trained to be a civilian again.

Mr. Smith, who will be a sophomore nutrition and dietetics major this fall, served for eight years in the Army Reserve. He said the new office has helped him navigate the experience.

"A veteran's mindset is different than a traditional college student's mindset," he said.

For more information on the conference, visit http://marywood.edu/adultconted/professional-conted and click on the link in the right column, or email Ms. Williams at williams.lauren@marywood.edu. Registration is $150 for three days or $75 per day.

Contact the writer: shofius@timesshamrock.com, @HofiusHallTT on Twitter

Community events list, 8/4/12

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CLIPBOARD

Dunmore

Benefit event: Help Heal Josh Sibio benefit, Aug. 12, 1-7 p.m., St. Anthony's playground, Hill and Cooney streets, food, drinks, raffles, live entertainment, $15, food or raffle prize donations accepted, Trish, 969-6062, or Keri, 614-6475.

Senior picnic: Dunmore 50-Plus Club summer picnic, Aug. 7, 5:30 p.m. St. Anthony's playground.

Pike County

Meet/greet: Pike County Historical Society meet and greet, Aug. 11, 6-8 p.m., the Columns Museum; meet officers; dedication ceremony for section World Trade Centers' Twin Towers beam.

Pittston

Barbecue/open house: St. John's Masonic Lodge 233 and Tyre Square Club Masonic Lodge Golden Rule 15 joint open house and barbecue, Aug. 18, St. John's Lodge Hall, 498 Yatesville Road, Jenkins Twp.; barbecue, 11 a.m.-6 p.m. (or until sold out), $10/chicken or ribs, $25/rack of ribs, takeouts available; Jerry Venetz, 654-9833, or Fred Kotula, 655-1687.

Regional

Butterfly program: Delaware Highlands Conservancy Monarch Butterfly Program, Aug. 18, 10 a.m.-noon, Butterfly Barn, 840 River Road, Milanville, naturalist Ed Wesely; 226-3164 or www.DelawareHighlands.org.

PEER graduation: Allied Ser­vices Skilled Nursing Center PEER graduation, Friday, 2 p.m., 303 Smallacombe Drive; social; Linda Korgeski, Serving Seniors, 344-7190.

Scranton

Class reunion: Central High School class of 1967 45th anniversary reunion, Aug. 12, 4:30 p.m., Victoria's Gourmet Café, 429 N. Main Ave.; cash bar followed by chicken barbecue dinner, with sweet corn, cole slaw, macaroni salad, baked beans, strawberry shortcake and coffee; $15 by Aug. 7; check payable to Victoria's Café, mailed to David Dickstein, P.O. Box 1429, Scranton, PA 18501; details: David.Jhats@gmail.com. or joemesko@aol.com.

Annual race: 20th annual Hook O'Malley 5K Run/Walk Against Cancer, Aug. 26, McDade Park, registration, 8:15-9:45 a.m., race, 10, preregistration, $15.

West Pittston

Wine tasting: Friends Associa­tion of the West Pittston Library, wine and cheese tasting fundraiser, Sept. 9, 2-5 p.m., library; $20, $35/couples, tickets at library desk, 654-9847 or members; additional snack items, basket raffle, 883-7079 or sarashanekelly@gmail.com.

CLIPBOARD items may be emailed to yesdesk@times shamrock.com or mailed to Clip­board, c/o YES!Desk, 149 Penn Ave., Scranton, PA 18503. For details, call the YES!Desk, 348-9121.


Electronics stolen in South Side burglary

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TVs, other items stolen in burglary

SCRANTON - City police said two large televisions were stolen from a South Side apartment sometime Wednesday.

Scranton police acting Capt. Glen Thomas said Joseph Santos, 31, reported to police early Thursday that a 42-inch and a 55-inch television had been stolen from his 1519 Prospect Ave. apartment sometime the previous day.

An Xbox game console and assorted accessories were also stolen from the second-floor apartment, Capt. Thomas said.

Fashion Bug closing shops

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Fashion Bug, a women's apparel and accessories chain with a long history in the region, will disappear from the retail landscape next year.

Ascena Retail Group Inc., of Suffern, N.Y., completed an $890 million buyout in June of Charming Shoppes Inc., the Bucks County-based parent of Fashion Bug.

Ascena, which operates the Dressbarn, Maurices and Justice clothing chains, announced it will close the remaining hundreds of Fashion Bug stores by early in 2013.

It did not report how many people would be laid off and efforts to reach Ascena were unsuccessful.

Fashion Bug currently operates stores in Scranton, Wilkes-Barre Twp., Honesdale, Tunkhannock, Mount Pocono and Matamoras.

The company's website says there are 600 Fashion Bug stores in 43 states.

"Fashion Bug has been a disaster for years," said Howard Davidowitz, a New York retail consultant and investment banker.

"They could never do the volume to justify the size of their stores."

Ascena will expand its reach into the women's plus-size market with the addition of Charming Shoppes' Lane Bryant and Catherines Plus Sizes stores.

Charming Shoppes failed in an attempt to protect Fashion Bug by acquiring other retail chains, Mr. Davidowitz said.

The company closed 124 Fashion Bugs in 2011.

"It was a tremendous drain on the company," he said. "They dragged the whole chain down."

Contact the writer: jhaggerty@timesshamrock.com

Feds arrest seven in homegrown marjuiana scheme

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Seven people were arrested Thursday for their involvement in a scheme to acquire homes in Monroe County through bogus mortgage applications so they could have places to cultivate marijuana indoors, U.S. Attorney Peter J. Smith said Friday.

The joint federal and state law enforcement operation, conducted by the Drug Enforcement Administration, Internal Revenue Service and state police, resulted in the arrests of Carlos Guerra-Lescay, 51, Eileen Mesa, 36, Ernesto Huerta Martin, 51, Jose Frias, 43, all of Newark, N.J.; Vivian Cruz, 49, and Antonio Figueredo, 41, both of Easton; and Osleivy Gomez, 34, North Bergen, N.J.

According to the federal grand jury indictment, they conspired to get mortgages for two homes in Brodheadsville on Route 209 and in Gilbert on Burger Hollow Road by submitting bogus income information and statements to AmTrust and IndyMac banks.

Money earned through the sale of marijuana that they grew was used to pay the mortgages, according to the indictment.

Mr. Guerra-Lescay, Ms. Mesa and Mr. Figuerdo were charged with conspiracy, conspiracy to commit money laundering and distributing marijuana. Ms. Cruz is facing charges of conspiracy and conspiracy to commit money laundering.

Mr. Frias and Mr. Gomez were charged with conspiracy. And Mr. Martin was charged with distributing marijuana.

If convicted, they could face a maximum 40-year prison sentence on the drug charge, a maximum 20 years on the money laundering charge, and a maximum five years on the conspiracy charge.

Assistant U.S. Attorney Michelle Olshefski is prosecuting the case.

Contact the writer: smcconnell@ timesshamrock.com @smcconnellTT on Twitter

Paterno family intends to appeal NCAA sanctions

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STATE COLLEGE, Pa. (AP) — Joe Paterno's family plans to appeal the sanctions imposed by the NCAA against Penn State for the Jerry Sandusky child sexual abuse scandal.

Family lawyer Wick Sollers in a letter sent Friday to the NCAA said the Paternos would like to appeal the "enormous damage" to Penn State, the community, athletes and the late Hall of Fame coach. He died in January at age 85.

An NCAA spokeswoman did not immediately return a call seeking comment on whether college sports' governing body would consider such an appeal.

The landmark NCAA penalties handed down last month included a four-bowl ban, scholarship cuts and 111 vacated wins from 1998-2011, meaning Paterno no longer has the most coaching victories in major college football.

The family said the NCAA acted hastily and without regard for due process, and that it accepted the results of the school's internal investigation without further review.

The report from former FBI director Louis Freeh said Paterno and three school officials concealed allegations against Sandusky dating back to 1998. Paterno's family and the three officials have all vehemently denied the conclusions.

Once a revered defensive coordinator, Sandusky is awaiting sentencing in jail after being convicted in June of 45 counts of sexually abusing young boys.

Penn State handed the Freeh report to the NCAA, which announced its strict sanctions on July 23. Also among the penalties was a $60 million fine.

Paterno's lawyer said the family had a right to file an appeal because it was named in the NCAA's consent decree with Penn state, as well as the Freeh report. The family said it hoped to formally submit an appeal and requested oral arguments before the NCAA's infractions appeal committee, its executive committee or other leaders.

"Furthermore, the NCAA and Penn State's Board (of Trustees) Chair and President entirely ignored the fact that the Freeh Report, on which these extraordinary penalties are based, is deeply flawed because it is incomplete, rife with unsupported opinions and unquestionably one-sided," Sollers wrote the NCAA.

Sollers called the sanctions possibly "the most important disciplinary action in the history of NCAA," but that it had been handled fundamentally inappropriate and unprecedented manner.

Michael McCann, director of the Sports Law Institute and at a professor at Vermont Law School, said Friday he doubts that the Paternos do have legal standing to appeal, and that the NCAA is likely to reject it out of hand, if they respond at all.

"He's not alive, and his family itself would not seem to have any legal standing to challenge the NCAA," McCann said, "at least in terms of filing an appeal.

Text of the Letter:

RE: Notice of Intent to Appeal Consent Decree Imposed by the NCAA
on The Pennsylvania State University

    To Whom It May Concern:

    On behalf of my clients, the Paterno family, who are the living
representatives of Joseph V. Paterno and his estate, we file this
notice of intent to appeal the NCAA's consent decree entered against
The Pennsylvania State University. Pursuant to NCAA Bylaw 32.10.1, the
Paterno Family notes that the consent decree was publicly released on
July 23, 2012. Pursuant to NCAA Bylaws 32.1.5 and 32.10.1.2, Mr.
Paterno qualifies as an involved individual because he is named in the
NCAA's consent decree as well as the Freeh report, which provided the
alleged factual basis for the consent decree. Finally, pursuant to
NCAA Bylaw 32.10.1, the Paterno family requests the opportunity to
submit its appeal in writing, and it requests an in-person oral
argument before the Infractions Appeals Committee.

    The estate undertakes this appeal to redress the enormous damage
done to Penn State, the State College community, former, current and
future student and student athletes, Joe Paterno and certain others
involved, as a result of the unprecedented actions taken by the NCAA.

    As will become evident in a thorough and impartial review, the
NCAA acted hastily and without any regard for due process.
Furthermore, the NCAA and Penn State's Board Chair and President
entirely ignored the fact that the Freeh Report, on which these
extraordinary penalties are based, is deeply flawed because it is
incomplete, rife with unsupported opinions and unquestionably
one-sided. The NCAA and Penn State's leadership, by accepting and
adopting the conclusions of the Freeh report, have maligned all of the
above without soliciting contrary opinions or challenging a single
finding of the Freeh report. Given the extraordinary penalty handed
out, prudence and justice require that scrupulous adherence to due
process be observed and not completely ignored.

    Both the University leadership and the NCAA have said that they
had to take extreme and immediate measures to demonstrate respect for
the victims and minimize the chance of any similar misconduct from
occurring again. These goals are the right ones, and they embody
objectives we fully endorse. But those objectives cannot be achieved
by a truncated process that wrongly assigns blame by substituting
opinion for fact.

    If there is culpabability in this case, a hearing will help expose
it. Due process will not hide the truth and will only illuminate the
facts and allow for thoughtful, substantiated conclusions, not extreme
and unfounded opinions, such as those offered in the Freeh Report and
relied upon by the NCAA.

    This matter may be the most important disciplinary action in the
history of the NCAA, and it has been handled in a fundamentally
inappropriate and unprecedented manner. To severely punish a
University and its community and to condemn a great educator,
philanthropist and coach without any public review or hearing is
unfair on its face and a violation of NCAA guidelines.

    Accordingly, we submit this appeal in pursuit, finally, of due
process. A fair hearing on the merits is in the interests of justice
and fairness for all involved.

    We look forward to your acknowledgement of receipt of this timely
appeal. In your acknowledgement, we would appreciate confirmation of
the exact date triggering the 30-day period for us to submit a written
response in support of our appeal.

    Respectfully,

    J. Sedwick Sollers III

Man accused of setting blaze that killed ex-girlfriend's sons set to stand trial in September

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A Scranton man accused of setting a blaze inside his ex-girlfriend's home - killing two of her sons - will get his day in court on Sept. 5, Lackawanna County District Attorney Andy Jarbola said Monday.

Lackawanna County President Judge Thomas Munley will preside over the nonjury trial of William Woods, 43, whom city police charged in July 2010 with 24 counts, including first- and second-degree murder, for starting the blaze on July 21, 2009, at 166 S. Hyde Park Ave.

Mr. Jarbola and Assistant District Attorney Mark Giannotti will prosecute the case.

Prosecutors agreed to not seek the death penalty in exchange for him agreeing to waive his right to a jury trial.

To lock in that agreement, a one-day trial before Judge Munley was held in May. Mr. Jarbola called only one witness, Coroner Tim Rowland. The trial has been postponed since then.

The fire killed 9-year-old Taevon Miles, who died of burns and smoke inhalation, Mr. Rowland testified in May.

Taevon's 10-year-old brother, Michael Miles, also was killed in the fire. His mother, Tyaisha Leary, and 12-year-old brother, Nijea, were seriously injured.

City police believe the blaze originated in the home's dining room, possibly through a broken window, while everyone was asleep.

Mr. Woods is incarcerated at the Lackawanna County Prison without bail.

At his preliminary hearing, a cellmate testified Mr. Woods told him: "I did set the fire, but I didn't mean for the kids to get hurt."

Contact the writer: smcconnell@timesshamrock.com, @smcconnelltt on Twitter

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