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Occhipinti cleared of criminal charge again

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The co-owner of a gasoline distribution company accused of stealing hundreds of thousands of dollars from the owner of a North Pocono supermarket and gas station has won again in his bid to avoid criminal prosecution.

The state Superior Court said Bill's ShopRite owner William Bracey paid $500,000 to State Petroleum Distributors for gasoline in August 2008, and received only $53,278 worth of fuel, but never paid the money directly to Joseph Occhipinti, who had solicited his business.

The result is Mr. Occhipinti cannot be viewed as committing a crime, even though he is a minority shareholder in the gasoline distribution company, the court ruled in upholding a lower court ruling from April 2012 by Lackawanna County Judge Vito P. Geroulo.

A magisterial district judge ruled in November 2011 that there was enough evidence to send a theft charge against Mr. Occhipinti, 53, of Madison Twp., to county court for further action.

Judge Geroulo disagreed and dismissed the charges.

In its ruling, the Superior Court acknowledged Mr. Occhipinti, acting on State Petroleum's behalf, approached Mr. Bracey in February 2008 and offered him a chance to lock in existing prices by prepaying for gasoline. Mr. Bracey gave Mr. Occhipinti a $500,000 check, which was deposited in a State Petroleum account.

"The fundamental problem with the evidence presented by the (prosecution) in this case is that it fails to establish that Occhipinti even obtained the money from Bracey," Judge Jack Panella wrote in the Superior Court's opinion dated Thursday.

Mr. Bracey, through his Bracey's Supermarket Inc., has sued Mr. Occhipinti and his wife, Michele, over the deal in county court. The status of that lawsuit could not immediately be determined Monday.

Contact the writer: bkrawczeniuk@ timesshamrock.com


Community events list, 4/09/13

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Blakely

Pasty sale: Blakely Baptist Church pasty sale orders due by Monday; pickup, Saturday, April 20, 11 a.m.-noon; 201 Main St., $5.50/each, orders: 489-9326, 489-3715.

Dunmore

Group meets: SS. Anthony and Rocco Holy Name Society meeting, Sunday, 9:30 a.m., parish hall, breakfast served.

Cigar history: Dunmore Historic Society presents Dominic Keating speaking on the history of Avanti Cigars, Saturday, 1 p.m., 126 Barton St.

Equinunk

Library open: Manchester Community Library now open, Mondays, 10 a.m.-2 p.m., Wednesdays, 4-7 p.m., Saturdays, 9 a.m.-noon; computers available, Internet and Wi-Fi access.

Milford

Benefits seminar: Belle Reve Senior Living veterans and short/long-term medical benefits seminar, April 19, 1 p.m., representatives from Bankers Life & Casualty Co. and Penn Veterans; light refreshments, free, Jaci or Kaitlyn, 409-9191, by April 17.

Mountain View

Golf tournament: Mountain View Baseball Booster Club golf tournament, April 21, 1 p.m. start, Conklin Players Club, dinner follows, pro shop, 607-775-3042 or 396-6534.

Old Forge

Clam chowder: St. Stephen's Russian Orthodox Church fresh clam chowder sale, April 19, 4-6 p.m., church, end of Hickory Street, $6/quart; 457-9607 or 562-0884.

Regional

Craft fair: New Visions Studio & Gallery spring craft fair, April 20, 11 a.m.-4 p.m., 201 Vine St., Scranton, indoor and outdoor offering original artwork, vintage and handmade jewelry, candles, baked goods, oils and herbal remedies, vintage accessories, Mary Kay, honey and syrup from local farms, free admission, 878-3970, www.newvisions studio.com or newvisions studio@gmail.com.

Easter dinner: St. Vladimir Ukrainian Greek Catholic Church of Scranton traditional Ukrainian Easter dinner "Sviachene" celebration, April 21, noon, parish center, 428 N. Seventh Ave.; takeouts, 11-11:45 a.m., $13/adults, $6/6-12 and free/5 and under, advance reservations only (no tickets at door), 346-2414, by April 16.

Scranton

Pierogi sale: St. Nicholas Ortho­dox Church fresh pierogi sale, Friday, 9:30 a.m.-4:30 p.m., 505 Jefferson Ave.; $7/dozen; 344-1522.

South Scranton

Seniors meet: South Scranton After 50 Club meets Thursday, 1:30 p.m., St. Paul of the Cross Center, Prospect Avenue.

West Scranton

Society meets: St. Lucy's Altar and Rosary Society meeting, Wednesday, 7 p.m., church hall.

CLIPBOARD ITEMS may be sent to yesdesk@timesshamrock.com; Clipboard, c/o YES!Desk at 149 Penn Ave., Scranton, PA 18503. For details, call the YES!Desk at 348-9121.

Selenski lawyers want off case

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WILKES-BARRE - Hugo Selenski's attorneys want off his case.

The court-appointed lawyers who represent the double-homicide suspect say they haven't been paid for months and refuse to work for free. Attorneys Shelley Centini and Edward Rymsza claim the county courts arbitrarily capped spending for Mr. Selenski's defense. Ms. Centini and Mr. Rymsza are private practice attorneys who were appointed last year as special counsel for Mr. Selenski.

Luzerne County Judge Fred Pierantoni will decide whether the attorneys will be allowed to withdraw.

From Brazil, Corbett announces plans for new plant

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(AP) — From his trade mission in Brazil, Gov. Tom Corbett is announcing that an international manufacturer of hydraulic cylinders plans to open a facility in central Pennsylvania.

In a conference call with Pennsylvania reporters Tuesday, Corbett and other officials said the planned Wipro Infrastructure Engineering plant in Chambersburg will create 74 local jobs and generate $10 million in capital investment over 10 years. It's slated to open by the end of this year.

India-based Wipro is a major supplier of Volvo Construction Equipment, whose only North American production facility is in Shippensburg.

Corbett is leading a group of about 50 people that includes his own aides and business people.

The 10-day trip also includes a stop in Chile. Corbett went to France and Germany last year.

Case against three Penn State officials moving ahead

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HARRISBURG, Pa. (AP) — The criminal case can move forward against three Penn State administrators accused of covering up reports that Jerry Sandusky was behaving improperly with children, a judge ruled Tuesday.

Judge Barry Feudale denied an attempt to throw out the grand jury report backing up the accusations and ruled against several other defense requests.

Defendants Gary Schultz, Tim Curley and Graham Spanier are charged with perjury, obstruction, endangering the welfare of children, failure to properly report suspected abuse and conspiracy.

The three had sought to exclude the testimony of Penn State's former general counsel, Cynthia Baldwin, based on her actions as she accompanied the men to grand jury appearances in Harrisburg in early 2011.

That was nearly a year before Sandusky, a retired Penn State assistant football coach, was first charged with sexual abuse of children. He was convicted in June of 45 criminal counts. Sandusky, 69, is currently serving a 30- to 60-year state prison sentence, but maintains his innocence and is pursuing appeals.

Curley is currently on paid leave to finish out the final year of his contract as the school's athletic director. Schultz has retired as the university's vice president for business and finance. Spanier remains a tenured faculty member but was forced out as university president the week after the other two and Sandusky were first charged.

Community events list, 4/11/13

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Blakely

Pasty sale: Blakely Baptist Church pasty sale, April 20, 11 a.m.-noon, church, 201 Main St., $5.50, 489-9326 or 489-3715, by Monday.

Clarks Summit

Community celebration: Earth Day celebration, April 20, 9 a.m.-4 p.m.; street fair, tag sales, flea markets, antique boutique, recycling stations, Earth-friendly vendors, exhibits, artisans showcase; www.clarkssummitboro.org; clarksmt@epix.net.

Clifford

Free giveaways: Clifford United Methodist Church free food, clothes, Saturday and April 20, 9 a.m.-4 p.m., church hall, Main Street, accepting donations of good, reusable clothes and households items, 222-3809.

Dickson City

Rummage sale: Visitation BVM Parish and LaSalle Academy Primary Campus rummage sale, April 20, 8 a.m.-2 p.m., school cafeteria, 625 Dundaff St.; vintage items, collectibles, household items, furniture, pictures, jewelry, books, electronics, toys, games, sporting goods, baby items and fashion accessories, free admission, information or donations, 489-2091 or 489-0061.

Hawley

Flea market: Hawley Fire Department indoor flea market and bake sale, Saturday, 9 a.m.-3 p.m., firehouse, 17 Columbus Ave., 290-1488, 226-9820 or hawleyfd@ptd.net.

Model trains: Hawley Fire Department model train show and sale, Sunday, 9 a.m. to 3 p.m., firehouse, 17 Columbus Ave., $3, free/under 12 when accompanied by adult; 226-3206, 226-9820 or hawleyfd@ptd.net.

Jermyn

Fishermen's breakfast: Artisan Volunteer Fire Company fishermen's breakfast, Saturday (first day of trout season), 5:30-10:30 a.m., fire hall, 20 Maple St., $6/door; 876-2220.

Lackawanna County

E-recording demonstration: Lackawanna County recorder of deeds electronic recording (e-recording) of land documents demonstration/kickoff session, April 22, 10 a.m. (and possible afternoon session); recorder's office in the Gateway Center Conference Room at 135 Jefferson Ave., Scranton; reservations: John Riddell at john.riddell@simplifile.com or 610-931-6727.

Olyphant

Ethnic foods: All Saints Orthodox Church ethnic food sale, Friday, noon-5 p.m., church center, 211 Willow Ave.; potato pancakes, pierogies with butter and onions, pagach, clam chowder; first-come-first-served; 383-0785 or 489-5591

Pike County

NRA banquet: Pike County Friends of NRA banquet, Wednesday, 5:30 p.m., dinner, 7, Best Western Hotel, Matamoras; raffles, silent and live auctions; prizes including outdoor art, firearms and sporting equipment, $35, mail check to "Pike Friends of NRA," 1050 Blue Ridge Ave., Matamoras, PA 18336 or www.friendsofnra.org, details: fnrapike@ptd.net, www.pikefnra.org.

Regional

Child safety: Keeping Kids Safe Project by SIP child safety fair, Friday, 3-7 p.m., Saturday, 10 a.m.-4 p.m., Toyota of Scranton, 3400 N. Main Ave., fingerprinting, local organizations with children's crafts and giveaways; free.

Spaghetti dinner: Fraternal Order of Police Northeastern Lodge 63 spaghetti dinner, April 21, 4-7 p.m., VFW Post 7069, Winola Road, Clarks Summit; $8/adults, $4/10 and under, members or at door.

Craft fair: New Visions Studio & Gallery spring craft fair, April 20, 11 a.m.-4 p.m., 201 Vine St., Scranton, offering original artwork, vintage and handmade jewelry, candles, baked goods, oils and herbal remedies, vintage accessories, Mary Kay, honey and syrup from local farms, free admission, 878-3970, www.newvisionsstudio.com or newvisionsstudio@gmail.com.

Easter dinner: St. Vladimir Ukrainian Greek Catholic Church of Scranton traditional Ukrainian Easter dinner "Sviachene" celebration, April 21, 2013, noon, parish center, 428 N. Seventh Ave., takeouts, 11-11:45 a.m., $13/adults, $6/6-12 and free/5 and under, advance reservation only, 346-2414, by April 16; Divine Liturgy, 10:30 a.m.

Fundraising drawing: Little Sis­ters of the Poor's Exclusive Week­end Getaway for Two raffle tickets on sale, $100; May 1 drawing; 2013 U.S. Open at Mer­ion Golf Club, Ardmore, in June, lodging, food, $150 gift card; Jackie Galvin, Holy Family Residence, 343-4065; or www.littlesistersof thepoorscranton.org.

Connectors meet: Patriot Connectors meeting, Thursday, 7-9 p.m., Wallenpaupack Area High School; speaker: Steven Price.

Spring show: Marywood Dance Team spring show, Friday, 7:30 p.m., Sette LaVerghetta Center for the Performing Arts, $3/students and $5/adults.

Rileyville

Vendors wanted: St. Joseph Church Memorial Day weekend flea market, May 25, 9 a.m.-3 p.m., Route 191, vendor area, $10, setup starts, 8 a.m., 729-7024 or 224-4934.

Scranton

Venison dinner; Northeastern Detachment Marine Corps League and Museum venison dinner, April 20, 3-6 p.m., detachment, 1340 Alder St., donation at the door.

Classmate information: The 1957 Class of John Marshall 41 School seeking contact information for classmates Jim Lydon, Charles Lewert, Susan Seeley, Daniel DeConte, Donna Miller, Robert Bergerhoff, Joe Mulrooney, and others not previously contacted for casual reunions; Mary Lou Widler-Jenkins 343-1004.

Taylor

Seniors meet: Taylor Senior Citizens meeting, Thursday, senior room, refreshments served.

West Scranton

Bingo fundraiser: West Side Senior Center big bingo fundraiser, April 21, 1004 Jackson St., doors open, noon, early bird, 1 p.m., bingo, 1:30-4:30 p.m., $5/two cards, additional cards/$1; special games, $1/sheet; prizes; $25/regular games and $50/special games, celebrity callers; 961-1592, ext. 1.

Annual breakfast: St. Joseph Melkite Greek-Catholic Church Women's Society St. Joseph breakfast, April 21, 8 a.m.-1 p.m., church hall, 130 N. St. Francis Cabrini Ave., $7.50/adults, $4/4-10 and free/under 3, traditional St. Joseph Bread for sale, enter off lower Jackson Street, 343-6092, tickets at the door.

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

Reform needed before pensions can be changed, advocates say

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Instead of changing pension benefits for state and school employees, legislators must focus on tax fairness, spending reforms and maximizing revenue, public sector pension advocates said Wednesday.

In an editorial board meeting with The Times-Tribune, the advocates from the Pennsylvania State Education Association and Keystone Research Center also said the state must let pension reforms enacted in 2010 have time to work.

Under a plan unveiled by Gov. Tom Corbett earlier this year, new employees would be moved to a defined contribution plan and the formula would be changed for future benefits for current employees' plans. The plan would address the state's $41 billion in unfunded liability.

"We're not big fans of the governor's proposal," said Jerry Oleksiak, vice president of PSEA. "We're ready to challenge any changes for current employees."

PSEA claims any changes to current employees' plans would be unconstitutional.

The governor's plan, starting in 2015, would enroll new employees in a 401(a) defined contribution plan, similar to a 401(k) plan for employees in the State Employees' Retirement System, or SERS, and Public School Employees' Retirement System, or PSERS. Employees are now in a defined benefit plan.

Current employees would see the multiplier used to determine future pension benefits reduced by 0.5 percentage points, if the multiplier is above 2 percent. Those employees could keep the higher multiplier by paying a higher contribution rate. The amount employer contributions can be increased would also be limited.

The projected increase in contribution rates, coupled with cuts in state funding, has districts looking for relief, This year, districts are paying 12.36 percent of total salary to PSERS. By 2015-16, the projected rate is expected to be more than 25 percent, and for the next two decades, contribution rates are projected to remain in the mid-20 percent range.

Instead of making changes now, the state needs to give reform enacted in 2010 time to work, said Stephen Herzenberg, Ph.D., executive director of the Keystone Research Center, based in Harrisburg. The reform spread the pension cost spike to 2040 and changed benefits for new district employees. Along with increasing the retirement age to 65, it changes the 7.5 percent contribution rate for most employees to a shared-risk program for many new employees. For example, when investment funds are performing poorly, the employee contribution rate could increase to 9.5 percent. Current investment losses are made up by school districts.

Along with allowing time for the 2010 reform to work, the state must impose a natural gas excise tax, close the Delaware corporate tax loophole and reform cyber charter school spending and corporate tax breaks, the advocates said.

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

Namedropper, 4/11/13

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Parkinsons event honors John Paul II

The Most Rev. Joseph C. Bambera, Bishop of Scranton; William P. Conaboy, president and CEO of Allied Services Integrated Health System, and Joseph Coviello, president of the Northeast Pennsylvania Parkinson's Foundation, got together recently to dedicate this year's Pledge for Parkinson's reception to Pope John Paul II. John Paul fought a long and courageous battle with Parkinson's.

During the meeting, Bishop Bambera commended both organizations for providing for the continuation of advanced Parkinson's therapy training and education, supporting wellness, and providing post-discharge Parkinson's Exercise Program for maintenance, as well as the acquisition of new technology to benefit people afflicted with Parkinson's disease in Northeast Pennsylvania, according to a release from the system.

The organizations raise funds for this work by co-sponsoring the annual Pledge for Parkinson's reception.

This year's event is Tuesday, from 5 to 7 p.m. in the Graf community room of Allied's Scranton campus.

Hosts for a Day

"The biggest and most exciting night all year long for St. Francis of Assisi Kitchen, Scranton," is coming up Wednesday, according to attorney Julia Munley, the 2013 Host for a Day chairwoman. That's when the kitchen will be celebrating at its 35th annual Host for A Day Reception from 6 to 9 p.m., at Genetti Manor in Dickson City.

"The Host for a Day Campaign is truly the single most important fundraiser that this Kitchen has each year," Monsignor Joseph P. Kelly, the executive director of the Kitchen said, adding, "The Kitchen serves at least 200 meals each day, 365 days a year, and without this Host for A Day Campaign we simply would not be able to provide the meals requested by the people of our community."

Noting that she is honored "to serve on a board with some of the most kindhearted and dedicated people in our community, who along with many friends of the Kitchen keep the Kitchen open each day with generous support, donations and volunteer work for our guests," Julia noted, "we have seen such a rise in the numbers of our guests month after month due to the downturn in the economy and decreases in governmental assistance. It is eye-opening. Today we are seeing families come in with very young children and many seniors from our Lackawanna Valley who have nowhere else to turn for a meal."

The hosts are who make it all happen, and they, and the program's 35th anniversary, will be celebrated at the event where board member E.J. Dougher, otherwise known as "EJ the DJ," will provide music for the talented ballroom dancers who also will entertain.

The event will feature food and refreshment stations. Board members Donna Barbetti and Judy Cosgrove are preparing baskets and gift items to be raffled off.

High notes

Committee members, including Jeff Barone, Peter Cosgrove, Mark DeStefano, Al Dorunda, Patti Duguay, Jillian Ferri, Amy Jenkins, Sue Keating, Peter Sabia and Patrick Walsh planned the Spring Break for Autism event at Susquehanna Brewing Co., Pittston, proceeds of which are benefitting autism programs at the Northeast Regional Autism Center at Friendship House.


Wyoming County Sentences: Man gets 16 months in girlfriend's death

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A 34-year-old Tunkhannock man was sentenced to 16-60 months in state prison for the Thanksgiving Eve crash that killed his girlfriend last year.

Clayton Drew Firth said Wednesday that over the past 147 days in jail, "I learned a lot about my problem and I've taken what actions I could to fix that."

He added, "I realize what I did was wrong, but I can't go back and change that and I am very sorry."

Mr. Firth's attorney, David Lampman, told Wyoming County Judge Russell Shurtleff that his client realizes he is an alcoholic, "and it was his problem that caused his girlfriend's death."

He also noted that Mr. Firth was "humbled and grateful that the victim's family had offered him forgiveness."

The attorney submitted letters from the mother, stepfather, aunt and grandmother of the late Trenadie Leibenguth, and noted, "Each of which asks the court's mercy" that Mr. Firth be spared the maximum sentence.

Judge Shurtleff told Mr. Firth at his guilty plea last month he could face up to seven and a half years in prison and more than $15,000 in fines.

Instead, in addition to the prison sentence and $2,500 fine for the manslaughter charge, he got one to 12 months in state prison for reckless endangerment, and six months' probation and $300 fine for driving under the influence, with the lesser sentences to be served concurrently.

According to court documents, Mr. Firth told police he and Ms. Leibenguth drank a few beers before going out for dinner and then to a Tunkhannock bar. He said he and his girlfriend drank heavily at the bar.

While driving home in Eaton Twp. on Keelersburg Road about 2½ miles from his residence, Mr. Firth's pickup truck failed to negotiate a turn and crashed into a tree at 11:57 p.m.

Ms. Leibenguth was pronounced dead from her injuries the next day, Thanksgiving.

Others sentenced Wednesday:

- Amy Lee Allen, 21, Laceyville, 72 hours-6 months' county jail and $1,500 fine for DUI, May 28, 2011.

- Martin Paul Biel, 39, Clarks Summit, 12 months' probation and $500 fine for possession of drug paraphernalia, Nov. 23, 2011.

- Richard David Coolbaugh Jr., 16-60 months' state prison and $2,500 fine for DUI, third offense, Feb. 6, 2011.

- Keith Alan Finkler, 31, Scranton, 12 months' probation and $500 fine for theft by unlawful taking, July 15.

- Anthony F. Frens, 30, Dalton, 30 days-6 months' county jail and $1,000 fine for DUI, June 27.

- Jeffrey Hoover, 35, West Pittston, 23 days-12 months' county jail and $500 fine for loitering and prowling at night, Oct. 28.

- Michael Aaron Jerry, 24, Dubois, six days-6 months and $1,500 fine for DUI, Sept. 22.

- Dennis M. Kersey, 33, Albemarle, N.C., 30 days-6 months' county jail and $1,500 fine for DUI, July 13.

- Zackery James Kizer, 19, Tunkhannock, 2-12 months' county jail and $300 fine for impersonating public servant, Dec. 4.

- John E. Lundquist, 65, Hillsdale, Ill., six months' probation and $300 fine for DUI, April 19.

- Joshua Allen Manning, 21, Laceyville, 48 hours-6 months' county jail and $500 fine for DUI, March 26, 2012.

- Bilal Nasir Muhammad, 26, Tunkhannock, 148 days-12 months' county jail, $500 fine and $977 restitution for retail theft, July 7; 4-11½ months' county jail and $1,000 fine for terroristic threats, July 7, to be served consecutively.

- Shawn Michael Phillips, 37, Monroe Twp., three days-12 months' county jail and $500 fine for simple assault, Sept. 22.

- Christopher R. Price, 37, Hunlock Creek, 12 months' probation and $500 fine for simple assault, April 19.

- Nicole Lee Sands, 25, Meshoppen, 29 days-12 months' county jail and $500 fine for possession of drug paraphernalia, Aug. 10.

- Jamey N. Shoemaker, 27, Montrose, 23 days-12 months' county jail and $500 fine for resisting arrest, Aug. 22; 12 months' probation and $500 fine for possession of controlled substance, Aug. 22, to be served concurrently.

- Casey Arthur Smith, 20, Tunkhannock, 6-23½ months' county jail, $500 fine and $195 restitution for possession of drugs with intent to deliver, June 4.

- Terri L. Walker, 57, Tunkhannock, 30 days' house arrest, six months' probation and $1,500 fine for DUI, second offense, Aug. 3.

- Darren Joseph Wells, 50, Meshoppen, 60 days-6 months' county jail and $500 fine for DUI, May 20, 2011.

Contact the writer: bbabker@wcexaminer.com

Severe weather rolls through area

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OLYPHANT - Roaring winds ripped the rubber roof off a meat packing building in Olyphant during Wednesday evening's storm, sending rain pouring into the building, which was holding about $2 million worth of veal.

Borough fire Chief Dave Tully said an electrical engineer was called in to check to be sure no damage was done to the electrical system in Atlantic Veal & Lamb Inc.'s building on Hull Avenue.

"The neighbor said it just came up like a black cloud and was sparking," Chief Tully said.

The damage to Atlantic Veal & Lamb was one of just at least eight weather-related emergencies called in during a severe thunderstorm that tore through Northeast Pennsylvania just after 5 p.m.

Less than a mile away from the meat packing plant, utility workers, firefighters and cleanup crews chopped up a pine tree that was uprooted and blocking the road near Sanderson Avenue and Scott Street.

Throop police had a section of the O'Neill Highway blocked to traffic near the entrance to Interstate 81 South after a utility pole snapped at its base and was leaning on other power lines.

The damage wasn't just contained to the Midvalley.

Lackawanna County 911 dispatchers fielded numerous calls for live wires down in roads and yards and trees blocking roads, all caused by winds reaching up to 50 mph.

There were also reports of hail 1-inch in diameter at the Wilkes-Barre/Scranton International Airport and places in Pike County, AccuWeather Meteorologist Brian Edwards said.

The National Weather Service issued a hazardous weather outlook for Susquehanna, Wayne, Wyoming, Lackawanna, Pike and Luzerne counties Wednesday. The rain is expected to continue through Friday, becoming heavier, with 1 to 2 inches possible, and may cause flooding throughout the area, according to the NWS.

Contact the writer: ksullivan@timesshamrock.com, @ksullivanTT on Twitter

Scranton man sentenced for statuary rape charge

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Man sentenced for statutory rape

SCRANTON - A Scranton man will serve 6 to 12 months in Lackawanna County Prison for having sex with an underage girl over the summer.

Matthew Fisher, 21, 2121 Brick Ave., was sentenced Tuesday by Lackawanna County Judge Vito P. Geroulo on a statutory rape charge. According to a criminal complaint, Mr. Fisher was having sex with a 15-year-old girl three times a week from July 12 until the end of August.

The nine months he has spent in jail since his arrest in August is being credited toward the probation sentence he had from the previous charge.

Sale of Sno Mountain expected to be finalized next week

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A bankruptcy judge next week is expected to finalize approval of the sale of Snö Mountain for more than $5 million to an investment group.

Judge Jean FitzSimon scheduled a hearing Tuesday in Philadelphia to place Montage Mountain Resorts LP into a position to acquire the 440-acre Scranton skiing and water park facility, possibly within weeks.

"For the continued operation of the mountain, this is good news," said trustee Gary Seitz, the court-appointed overseer of operations at Snö Mountain.

Mr. Seitz filed court papers on Tuesday seeking to clear the way for Montage Mountain Resorts to acquire the property.

The Montage group, headed by Montgomery County businessman Charles Jefferson, already has scheduled a job fair to hire workers and hopes to open Snö Cove water park on Memorial Day weekend.

"We want to wrap this thing up by the end of the month," said Mr. Jefferson, whose group spent millions in recent years converting the Connell and the Scranton Chamber of Commerce buildings into residential and commercial complexes. "We wouldn't be doing a full-court press without the water park opening in six weeks."

The complex's future looked uncertain before Mr. Jefferson surfaced two weeks ago as an investor in Montage Mountain Resorts and declared the group had an agreement to buy the complex and would restore its original name, Montage.

At an auction in February, a unit of Berks county-based National Penn Bank bid $4.6 million to take over Snö Mountain. The facility's owners owed National Penn more than $8.2 million on two mortgages before the complex filed for Chapter 11 court protection in October, court papers show.

The new ownership group has had access to the property since reaching a sales agreement several weeks ago.

"They have the right to essentially get the place ready for the water park season," Mr. Seitz said.

"The soon-to-be owners are covering most of the costs of the operations," Mr. Jefferson said. "We still have some snow up there that we pray melts this week."

The Montage group will host a job fair from 10 a.m. to noon April 20 at Johnny Rockets, a restaurant along Radcliffe Drive near the Shoppes at Montage in Moosic.

The facility will hire about 150 people in full- and part-time positions, including lifeguards, marketing representatives, ticket and sales clerks and customer-service employees, said Jessica Kalinoski, local property manager for Mr. Jefferson's group.

Two weeks ago, Mr. Jefferson said the Montage group planned to spend about $8 million on the complex, including the purchase price and investments.

A sales agreement filed in court documents indicates the sale price will be $5.12 million, with a potential payout of $675,000 to National Penn five years from the purchase date based on the complex's business performance. The transaction does not include the facility's liquor license, which Mr. Seitz will sell as part of the disposal of the estate.

"This is pretty consensual among the key players," Mr. Seitz said. "I doubt there will be any objections to it."

A closing date could be set at early at April 29, but Mr. Seitz said it may be delayed until May 10.

"This means it's not going to go to a shuttered real estate sale, which is how the bank was looking at it," he said.

The accelerated pace of transition is good news for the recreation site and the region, said Austin Burke, president of the Greater Scranton Chamber of Commerce.

"Rescuing Montage and operating it as (an ongoing business) preserve great value for the purchasers and the community," he said.

Contact the writer: jhaggerty@timesshamrock.com

Luzurne County man charged with making bomb threat near White House

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A Hazle Twp. tractor-trailer driver who allegedly bluffed that he hid a bomb in a truck near the White House because he wanted to see the president early Wednesday was charged with a felony by the U.S. Secret Service.

Krzysztof Wasik, 44, told a Secret Service officer at a White House gate at 4:35 a.m. that he was angry about rules and regulations for his job and fines that he had to pay. He asked to speak to the president.

When the officer said Mr. Wasik couldn't see the president but should contact an agency that regulates traffic, Mr. Wasik went away. About 10 minutes later, he returned and spoke to the guard again.

"I know what it takes to get things done around here. I have a bomb in my truck parked 500 feet from here," Mr. Wasik said, according a statement supporting a criminal complaint filed in U.S. District Court for the District of Columbia.

After Mr. Wasik refused to say where his truck was parked until he spoke with the president, the officer arrested him.

A block from the White House, an officer spotted a tractor-trailer cab with a Pennsylvania license plate in front of the Veterans Affairs Building at Vermont and H streets. Keys dangled in the ignition.

"Don't touch the keys … or something bad will happen," Mr. Wasik said, according to the statement. "I don't care if children or veterans are harmed by the bomb. I only care about speaking to the president."

A military explosive ordinance disposal team and the D.C. fire and police departments all responded.

Authorities created a "safe zone" by barring pedestrians and vehicles from H Street N.W. to K Street, and N.W. between 15th and 17th streets, the statement says.

They closed the Square Metro subway station and evacuated the Veterans Affairs Building.

After a search lasting 1 hour 47 minutes, authorities determined the cab contained no explosives.

They charged Mr. Wasik with a making a bomb threat, a felony.

Mr. Wasik immigrated from Poland and ran his own small trucking company.

Neighbors in the Chapel Hill development of Hazle Twp. said Mr. Wasik occasionally parked the cab of a tractor-trailer at his house at 370 Goshen Ave.

Mr. Wasik has no criminal record in Northeast Pennsylvania other than traffic violations.

Contact the writer: kjackson@standardspeaker.com

Toomey says his gun bill to get Senate vote

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On the eve of a Senate vote to authorize debate of new gun controls, two of the most conservative U.S. senators in the major parties announced Wednesday they worked out a proposal to expand background checks that they expect will get an actual up or down vote if debate is allowed.

Gun-rights advocates immediately criticized the proposal; gun-control supporters praised it.

The proposal by U.S. Sens. Pat Toomey, a Pennsylvania Republican, and Joe Manchin, a West Virginia Democrat, would require background checks before sales at a gun show or online, but allow sales without checks between friends and family.

"I'm a gun owner and the rights that are enshrined in the Second Amendment are very, very important to me personally as they are to people across Pennsylvania," Mr. Toomey said during a Capitol news conference televised on the C-Span cable network. "I've got to tell you candidly, I don't consider criminal background checks to be gun control. I think it's just common sense. If you pass a criminal background check, you get to buy a gun."

Mr. Toomey and Mr. Manchin said their proposal will reach the Senate floor as an amendment that will be the first considered if and when action on the bill begins. Senate Majority Leader Harry Reid plans to call for a vote today that would allow the gun-control debate just to proceed.

In a statement, the National Rifle Association denounced the deal between Mr. Toomey and Mr. Manchin.

"Expanding background checks at gun shows will not prevent the next shooting, will not solve violent crime and will not keep our kids safe in schools," the statement said.

Only a "serious and meaningful solution" that addresses gangs and "a broken mental health system" will increase safety, according to the NRA.

Mr. Toomey and Mr. Manchin said they had consulted with the NRA, but did not comment on its opposition to their plan.

"The common ground rests on a simple proposition," Mr. Toomey said. "Criminals and the dangerously mentally ill shouldn't have guns. I don't know anyone who disagrees with that premise."

President Barack Obama is pushing hard for new controls on gun ownership to prevent repeats of mass gun slayings in Newtown, Conn., Aurora, Colo., and Tucson, Ariz.. but his agenda is running into the typically heavy opposition that has accompanied attempts at gun control for two generations. Senate Republicans are threatening to derail any proposed legislation.

A group of more than 75 state House Republicans urged Mr. Toomey to reject all new gun-control measures.

Not everyone disliked the bipartisan plan fashioned by the two senators from neighboring states.

CeaseFirePA, a coalition of mayors, police chiefs, church leaders and community organizations, thanked Mr. Toomey for backing a proposal that takes "tangible steps in the fight against gun violence without infringing on the rights of law abiding gun owners."

Mr. Toomey acknowledged the fate of his and Mr. Manchin's proposal is far from certain.

"I don't know," he said. "I'm looking forward to the debate, I'm hopeful, but I think this is a fluid situation and it's hard to predict."

Mr. Manchin said gun advocates in his state understand the need for background checks.

"They understand it's common sense, it's gun sense," he said.

Mr. Toomey, who as a senator has focused on budgetary, tax and job-creation issues, said he got involved in the gun-control battle because "gun legislation appeared destined to reach the Senate floor" and because he felt other proposals could infringe on gun ownership rights.

"I would tell you categorically that nothing in our amendment prevents the ownership of guns by any lawful person and I wouldn't support it if it did," he said. "But it also became apparent to me, in the course of this debate, there was the danger we might end up accomplishing nothing and not making progress where we could."

Mr. Toomey pointed to provisions in their measure that would actually strengthen gun rights - allowing hunters to travel with their guns across state lines and members of the military to buy guns in their home states and protection from lawsuits for all gun sellers whose sold weapons are used in crimes after a background check is completed.

The amendment would also create a commission to study why mass violence happens.

The office of U.S. Rep. Lou Barletta, R-11, Hazleton, said he has not decided whether to support the Toomey-Manchin proposal.

"I do not support any further erosion of Second Amendment rights," he said. "We should enforce the laws we already have on the books."

Efforts to reach Sen. Bob Casey and Reps. Tom Marino, R-10, Lycoming Twp., and Matt Cartwright, D-17, Moosic, were unsuccessful.

Contact the writer: bkrawczeniuk@timesshamrock.com

CAMPAIGN 2013

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- Tony DiBileo, a Democratic candidate for Scranton tax collector, will have a free rally Friday, 7-9 p.m., at Keyser Valley Community Center, 103 S. Keyser Ave., Scranton.

- Patti Grande Rieder, a candidate for county judge, will host a meet-and-greet Sunday, 4-6 p.m., at Spectrum Health and Racquet Club, 151 Terrace Drive, Blakely.


Blaze scorches Lackawanna Avenue building

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Black smoke rolled from second-story windows of a Scranton building just before 10 p.m. Wednesday night, with city firefighters knocking glass out of window panes onto the pavement below as rain poured down.

Onlookers gathered on the sidewalks as police blocked off the 500 and 400 blocks of Lackawanna Avenue for firefighters battling the two-alarm fire at 506 Lackawanna Ave., the building in between the Scranton Liederkrantz and Buona Pizza.

The building is vacant on the bottom floor.

The two neighboring businesses appeared to have escaped unscathed.

City fire marshal Marty Monahan was on scene Wednesday night, but further information on the fire was unavailable as of press time. It is unclear if there were any injuries or what caused the fire.

The property in question, owned by Stanley and Susan Stadolny, is one the Scranton Redevelopment Authority moved to condemn in 2006, arguing it was blighted, for a renovation project known as the "Renaissance at 500" in the 500 block of Lackawanna Avenue.

The property owners, along with the owners of the neighboring Buona Pizza, 504 Lackawanna Ave., fought the condemnation, arguing the SRA lacked the power to condemn the property and failed to follow state law on condemnation procedures.

The court ruled in favor of the property owners, stating the SRA didn't have the ability to condemn the properties.

Mr. and Mrs. Stadolny could not be reached for comment late Wednesday.

Contact the writer: ksullivan@timesshamrock.com, @ksullivanTT on Twitter

Lackawanna County to seek $11 million in state grants

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Lackawanna County will seek $11 million in state grants to help pay for a trio of projects, including $8 million on behalf of the University of Scranton for improvements to the South Side Sports Complex.

The commissioners agreed Wednesday to file the grant applications through the state Redevelopment Assistance Capital Program.

In addition to the $8 million for the university, the county is applying for $500,000 on behalf of the North Pocono Public Library project and for $2.5 million for work at the county Administration Building.

Under RACP guidelines, the county may sponsor applications for potential recipients such as the university and the library that are not eligible to seek the grants on their own.

University of Scranton spokesman Stan Zygmunt said the school is still in the planning process for development of the South Side complex, which it acquired from the city in 2006.

"I have no other details I can share at this time," he said.

The university previously said it planned to develop NCAA-regulation fields for soccer, baseball and softball on the 11-acre site.

Director Susan Jeffery told the commissioners this will be the North Pocono library's final opportunity to try to secure a RACP grant for the $3.2 million project. The new 8,400-square-foot building on Church Street in Moscow is nearing completion, she said.

The grant the county is seeking for the Administration Building on Adams Avenue would be used for renovations, including the reconfiguration of space within the six-story structure, Commissioner Corey O'Brien said.

On another matter, the commissioners ratified an agreement among the county Multi-Purpose Stadium Authority, the Scranton/Wilkes-Barre RailRiders and Hemingway Development for overflow parking for PNC Field.

Under the agreement, the authority and the RailRiders will be permitted to use an unpaved, 1.5-acre lot at the rear of 330 Montage Mountain Road for fan parking. The property is owned by Hemingway.

Rob Crain, RailRiders president and general manager, said the lot was used for the team's season opener last Thursday. He anticipates it will be needed in the future only when there is a sellout or near-sellout crowd.

The commissioners also:

- Approved a three-year agreement with Pennsylvania Northeast Regional Railroad Authority and Northeast Transfer Co. Inc. for operation of excursions for the Electric City Trolley Museum. Northeast Transfer, which conducts the excursions, will receive $111,390 in base compensation the first year, with the amount increasing 1.5 percent each of the next two years.

- Approved county Treatment Court's applications for a $310,000 restrictive intermediate punishment grant and a $60,000 intermediate punishment grant.

- Recognized the work of the Children's Advocacy Center of Northeastern Pennsylvania in proclaiming April as "Child Abuse Prevention Month" in the county.

- Presented Kathleen Walsh of Parents Loving Children Through Autism Foundation with a "Good Works in Lackawanna County" certificate of recognition.

Contact the writer: dsingleton@timesshamrock.com

Pickup truck burns on I-380 near Daleville

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Driver uninjured after vehicle fire

COVINGTON TWP. - Engine trouble may have sparked a fire that damaged a pickup truck on Interstate 380 North on Wednesday morning.

Covington Fire Chief Brad Jones said crews responded to mile marker 18 near the Daleville/Moscow exit at 8:45 a.m. to a call on a fully engulfed pickup truck. The lone occupant of the was not injured and was with state police at Dunmore by the time firefighters arrived, Chief Jones said.

The fire was extinguished by 9 a.m., but the damage was extreme and the truck was a total loss, Chief Jones said. Chief Jones did not know the name of the occupant.

North Pocono School Leaders Negotiate into Wednesday night, still hope to avoid strike

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North Pocono district and teachers union leaders negotiated for four hours on Wednesday night, but the president of the union said afterward that it is too early to say if a strike will happen.

Jeanne Yazinski, president of the North Pocono Education Association, said "some progress" was made during the session, during which she estimated there were two dozen people in the room including school and union representatives plus a mediator.

She described the negotiation as productive and said district and union officials will meet again before April 18, when the strike had been scheduled to start.

The time had not yet been set.

District officials, including solicitor Joseph O'Brien and school board President Paul Kowalski, could not be reached for comment immediately after Wednesday evening's bargaining session, which ran from 5-9 p.m.

Ms. Yazinski would not discuss details of negotiations or proposals that had been exchanged, but she said the items at issue are still related to salary and health care.

Teachers in North Pocono School District do not currently contribute toward health insurance premiums, but Ms. Yazinski has previously said the union has submitted a premium-sharing offer without specifying the percentage.

District officials to this point have declined to discuss that offer.

Both sides have said they hope to come to an agreement that will avert the scheduled strike.

Asked in an interview on Tuesday whether the district can continue to run if the teachers go on strike, Superintendent Bryan McGraw responded: "We're trying to avoid a strike, and I'm hoping we don't have to make that decision."

Contact the writer: kwind@timesshamrock.com, @kwindTT on Twitter

Police: man sprayed mother of his child with pepper spray

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Dickson City police arrested a man they say sprayed the mother of his child in the face with pepper spray as he held their 3-year-old daughter in his arms Wednesday.

Brittany Enslin, 22, told police she and her boyfriend, Ryan Williams, 25, 1027 Grant Court, got into an argument at home regarding their vehicle when Mr. Williams smashed a glass ashtray on the floor. Mr. Williams then grabbed the couple's daughter and started carrying her upstairs, spraying Ms. Enslin in the face with pepper spray when she tried to follow him, police said.

Ms. Enslin said her daughter began screaming that her face burned too, according to the criminal complaint.

Mr. Williams was arrested and charged with simple assault, harassment and endangering the welfare of a child. No additional information, including bail and a preliminary hearing date, was available Wednesday night.

Contact the writer: ksullivan@timesshamrock.com, @ksullivanTT on Twitter

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