SCRANTON - The Lackawanna County commissioners have rescheduled both of their regular meetings in December because of the holidays.
The first meeting will be Tuesday at 10 a.m. in the commissioners' conference room on the sixth floor of the county Administration Building in downtown Scranton.
The second meeting will be Wednesday, Dec. 18, also at 10 a.m. in the commissioners' conference room.
The husband of former Lackawanna County guardian ad litem Danielle Ross pleaded guilty to tax fraud today in federal court.
Walter J. Pietralczyk Jr., 39, of Jermyn, entered the plea to a misdemeanor charge of filing a false federal tax return for 2009 during a brief hearing before U.S. Magistrate Judge Thomas M. Blewitt.
Although the charge carries a potential one-year prison sentence, prosecutors have agreed to recommend probation for Mr. Pietralczyk.
Investigators allege Ms. Ross and her husband failed to report income she received from private-payment clients while acting as the court-appointed guardian ad litem for Lackawanna County Family Court.
Ms. Ross is scheduled to plead guilty Dec. 16 to attempted tax evasion.
Contact the writer: dsingleton@timesshamrock.com
The directors and officers of First National Community Bank have settled shareholders' legal claims against them, clearing a major hurdle in the restoration of the bank's fiscal health and public image.
In exchange for $5 million and a host of governance changes, shareholders will drop their claims of negligence and a breach of fiduciary duty levied against the directors and officers of the bank in their posts as the institution lost tens of millions of dollars and the company's share value plunged more than 80 percent.
FNCB directors and officers deny any wrongdoing in entering the settlement, moving to "eliminate the potential burden of distracting and costly litigation," the settlement reads. The settlement was filed with the Securities and Exchange Commission Wednesday afternoon.
In a prepared statement, Scranton attorney Joseph Solfanelli, who filed the suit on behalf of shareholder Lori Gray, said the settlement will benefit shareholders.
"This settlement addresses every issue raised by FNCB shareholders in a fair and equitable manner," he said. "The cash payment, combined with substantial corporate governance reform, provides tremendous value to the shareholder while positioning FNCB for future growth and success."
According to the agreement filed with the Securities & Exchange Commission, the bank agreed to add two new independent directors to the board who must pass regulatory review. The bank will adopt additional safeguards to mitigate risk and strengthen loan standards. The boards' audit and risk management committees will be required to include one of the new directors.
FNCB general council Mary Griffin Cummings said once a judge approves the settlement, the board will begin vetting candidates for appointment to the board and have them in place "as soon as practicable."
Ms. Gray filed the initial claim, known as a derivative shareholder action, in Lackawanna County Court in May 2012. Another shareholder, Frank Lombardo, was contemplating filing a similar suit and later joined in the settlement.
Unlike a class action lawsuit, a derivative action is filed by shareholders on behalf of the company against the company's officers. Damages will be payable in the amount of $2.5 million to the banking corporation where it will contribute to bank capital. The other $2.5 million will be paid to plaintiff's attorneys: Mr. Solfanelli who represented Ms. Gray, and Richard Greenfield, who represented Mr. Lombardo. Another law firm, Faruqi & Faruqi, who participated in the case early on was not mentioned in the settlement, but is likely to receive a piece of the settlement.
The attorneys' fees were determined at a mediation headed by retired U.S. District Court Judge Edward N. Cahn.
The bank is still embroiled in a separate lawsuit with the provider of what is commonly called errors and omissions insurance, Fidelity and Deposit Co. of Maryland. The insurer seeks to have its policy covering directors and officers declared void by a judge, claiming FNCB officials withheld information on their insurance application.
Bert Ely, an Alexandria, Va.-based independent consultant to financial institutions, said the resolution will help the once-struggling bank.
"The money goes into the bank, presumably the bank will be stronger because of it and the shareholder will benefit," he said.
While the dollar value of the governance reforms are arguable, they may be of some benefit to shareholders, too, he said. "We can be cynical, but let's not be completely cynical," he said. "Plus, reaching an agreement on this certainly won't hurt them as they try to smooth things over with regulators."
FNCB has been working under the heightened scrutiny of regulators for three years as it worked to comply with conditions set out in a consent order. In the last several fiscal quarters, the bank reported profits.
Contact the writer: dfalchek@timesshamrock.com
Sewer bill payment sought
CLARKS SUMMIT - Borough property owners who owe more than $746 in sewer bill payments will soon receive a letter urging them to pay up.
Borough secretary Jennifer Basalyga-Schmidt, who is responsible for sewer billing, said at Wednesday's council meeting she issued 75 letters to delinquent sewer bill payers - a number expected to grow in the coming weeks.
If delinquent property owners don't respond, borough officials will send a follow-up letter notifying them they have 37 days to pay what they owe or officials will shut off their water, Borough Manager Virginia Kehoe said.
Clarks Summit is owed more than $100,000 in monthly sewer bill payments. Monthly sewer bills are $47 per EDU. Ms. Basalyga-Schmidt said she chose the $746 baseline as a starting point but will soon send letters to property owners who owe less.
"If we were in a business, we'd be bankrupt," Councilman Herman Johnson said, expressing his frustration with the longstanding problem. "We have to do something drastic."
Councilman David Jenkins suggested borough council entertain the idea of publishing the names of delinquent sewer bill payers in a newspaper as well.
Also at Wednesday's meeting, borough council approved the $2.69 million budget for fiscal 2014. The approved budget doesn't include an increase to the borough's 29.5 millage rate or monthly sewer bill payments.
A mill is a $1 tax for every $1,000 in assessed property value. For a home with the average residential assessed property value of $18,609, yearly property taxes would be $548.97.
Contact the writer: miorfino@timesshamrock.com, @miorfinoTT on Twitter
CLIPBOARD
Abington Heights
Financial aid: Abington Heights High School Guidance Department financial aid night for parents of senior students, Tuesday, 6:30-8, high school auditorium; University of Scranton/Marywood University directors of financial aid.
Equinunk
Open house: Equinunk Historical Society holiday open house, Sunday, noon, Hancock Highway (Route 191) and Pine Mill Road; music by J.R. and Leana Stanton; 570-224-6722.
Honesdale
Artisans' market: Holiday artisans' market, Dec. 15, 11 a.m.-5 p.m., the Cooperage, 1030 Main St.
Laceyville
Christmas tea: Oldest House Christmas tea, Friday, 6-9 p.m.; Saturday-Sunday, 1-5 p.m., free, donations accepted, benefits Oldest House Historical Society; 570-869-1679.
Lackawanna County
Holiday events: Lackawanna County tree lighting, Friday, 6 p.m., flag plaza on North Washington Avenue; refreshments, carols, announcement of Scranton Tomorrow's decorating showcase; horse-drawn carriage rides throughout Central City provided by Brookvalley Farm of Fell Twp. 5-7 p.m., front of courthouse, donations accepted for Adopt an Angel program; inaugural "Holiday on the Square," old-fashioned marketplace, Friday, 5-9 p.m., Saturday, 11 a.m.-6 p.m., more than 50 vendors, music, children's activities and Shop Scranton events at downtown merchants; scran tonmadeholiday.com.
Pet fostering: Leadership Lackawanna Foster-A-Pet Night/Griffin Pond Animal Shelter Foster-A-Pet Night pet product donation drive/fundraiser, Friday, 6-9, Nay Aug Park, discounted Brookvalley Farm horse-drawn wagon rides through holiday lights with every pet product or Foster-A-Pet Program donation; wish list: puppy pads, collars, leashes, dishes, bowls, cat litter (clay), canned cat food, Aspen small animal bedding, rabbit and guinea pig food, kitten food, dry cat food and paper towels; LeadershipFosterAPet@gmail.com.
Mayfield
Pirogie sale: St. John's Russian Orthodox Cathedral homemade pirogie (deep-fried or uncooked) sale, Dec. 13, noon-4 p.m., St. John's Center, Hill Street, orders for 10 dozen or more: rectory, 570-876-0730.
Regional
Railway society: Lackawanna/Wyoming Valley Railway Historical Society meeting Dec. 12, 7:30 p.m., meeting room, Iron Skillet Restaurant, Petro Plaza, Avoca; speakers, Kermit Geary Jr. and Sr..
Club meets: Endless Mountains Model Railroad Club meeting, Dec. 21, 6 p.m., club building, 7837 Route 29, Dimock, work bee, 4 p.m.; http://emmrrc.wix.com/trains.
Malanka planning: Ukrainian New Year dinner-dance Malanka planning, Tuesday, 7 p.m., St. Vladimir Ukrainian Greek Catholic Church, 428 N. Seventh Ave., Scranton; 570-563-2275.
Card sale: St. Joseph's Center 125th anniversary celebration card sale, notecards (six designs), $4; Christmas cards (two designs), $8; Katie Weinschenk, 570-963-1290.
Gift wrapping: Be a Santa to a Senior holiday gift-wrapping event and delivery, Tuesday, wrapping party, 10 a.m., gifts to be delivered Wednesday-Dec. 24; Kristin Danley-Greiner, 888-296-2411, ext. 4968.
Scranton
Toys event: Elm Park Church, Toys for Tots collection/free community breakfast with Santa, Saturday, 9-11 a.m., Jefferson Avenue at Linden Street; storytelling, Santa visit, goodie giveaways; bring toys.
Sterling
Advent worship: Sterling United Methodist Church advent worship, Sunday, 4 p.m., 567 Sterling Road, food, fellowship and song.
Tripp Park
Christmas party: Tripp Park Neighborhood Association Children's Christmas party, Dec. 15, 1-3 p.m., light refreshments, Santa visit.
Wallenpaupack Area School District
Craft fair: Wallenpaupack Area South Elementary holiday festival and craft fair, Saturday, 11 a.m.-3 p.m,, school building, Newfoundland; knitted sweaters, jewelry, woodwork, dog treats, concession stand in cafeteria.
CLIPBOARD ITEMS may be emailed to yesdesk@timessham rock.com or mailed to Clipboard, c/o YES!Desk, 149 Penn Ave., Scranton, PA 18503. YES!Desk, 570-348-9121.
I-81 exit reduced to single lane
DICKSON CITY - Traffic along Interstate 81 north and south at Exit 190 will be reduced to a single lane this morning and overnight, the state Department of Transportation announced.
The closure, from 6 p.m. to 6 a.m. Friday, allows officials to prepare for the next phase of a $30 million project. The work requires officials to close the ramp from Main Avenue in Dickson City to I-81 north until spring 2014, PennDOT said.
Past the barbed wires, seven Keystone College students are accompanied by state prison guards. Down the blue and white halls with barred windows that overlook the prison yard, past the barber shop and the shoe-shine stand, the students walk to class. In a room next to the library at SCI-Waymart, they sit down in every other seat and wait for their classmates - six men who committed robbery, murder and other crimes. The men in brown jumpsuits soon enter. They are greeted with hellos and fill in the remaining seats.
For 2½ hours each week, they are not prisoners and college students. They are peers.
This is the fifth year for the Inside-Out Prison Exchange Program between the state prison and Keystone. Inmates and college students, referred to as "inside and outside students," learn about criminal justice together.
Not only does the class give inmates a chance to learn what a college class is like, it helps break down stereotypes - from both sides, said Stacey Wyland, an associate professor of criminal justice at Keystone, who has coordinated the program.
"When you talk one on one, we all have the same goals, hopes and dreams," she said.
Since the program started five years ago, about 75 Keystone students have completed the course, along with close to 75 inmates. The inside-out program is modeled after a similar program from Temple University, and has been started at prisons across the country.
On Wednesday, the semester's closing ceremony was held, with both inside and outside students reflecting on their time spent together.
"To say it was life-changing is an understatement," Keystone senior Justin Landsiedel said. "We can't judge someone from one action or a mistake. ... It has changed our perspective on life and others."
All students had required reading and other assignments to complete during the week, and much of the class included discussion on juvenile justice and recidivism. For a final project, the students created a website that features letters from inmates - including the inmates from the class, Keystone junior Samantha Mehall explained.
The letters are written to discourage juveniles from a life of crime and to encourage them to turn their lives around - before they end up in state prison. The website is not yet online, but the students hope to alert probation officers and others about the site so that they can pass it along to young offenders.
During class, the students put aside their crimes, time served or cultural differences. They forgot they were from different sides of the barbed-wire fence, Tom, an inmate, said.
Pennsylvania Department of Corrections policy prohibits disclosure of the last names of inmates interviewed within the prison, for the inmate's privacy and out of respect for the victims.
Mark, another inmate, read his poem "Inside Out." The class clapped after he read the final two lines: "Now sitting in exile I can only conclude, a life without freedom I wish I never pursued."
After receiving certificates, students enjoyed glasses of milk and cups of coffee and cupcakes baked by the prison's culinary classes.
The students socialized, and soon it was time to say goodbye - the Keystone students returning to their LaPlume Twp. campus, and the inmates to their cells to fill out their remaining sentences. Hugs, handshakes and well wishes were exchanged.
"We came together for the common good," Tom said. "The class was the highlight of my week, every Wednesday."
Contact the writer: shofius@timesshamrock.com, @hofiushallTT on Twitter
A local congressman wants answers on whether volunteer firefighting companies could be unintentionally swept into the national health care reform law championed by President Barack Obama.
The International Association of Fire Chiefs has asked the Internal Revenue Service, which has partial oversight of the law, to clarify if current IRS treatment of volunteer firefighters as employees means their hose companies or towns must offer health insurance coverage or pay a penalty if they don't.
The organization representing the fire chiefs has been working on the issue with the IRS and White House for months.
"It could be a huge deal," said U.S. Rep. Lou Barletta, R-11, Hazleton, who is seeking clarification from the IRS. "In Pennsylvania, 97 percent of fire departments are fully or mostly volunteer firefighters. It's the fourth highest amount in the country."
So far, the IRS hasn't decided what to do.
Efforts to reach spokesmen for the IRS were unsuccessful.
Under the fire chiefs' organization's interpretation, the concern goes like this:
The health care reform law, known officially as the Patient Protection and Affordable Care Act and derisively by Republicans as Obamacare, requires employers with 50 or more full-time employees to offer health insurance. Companies with fewer than 50 employees do not have to offer insurance. Full-time employees are defined as an employee who works 30 or more hours a week.
Such employers who don't offer health insurance must pay fines.
The requirement is complicated by differing interpretations about the status of volunteer firefighters within the federal government. The Department of Labor, according to the fire chiefs group, classifies most volunteers as non-employees, but the IRS considers all volunteer firefighters and emergency medical personnel to be employees of their departments.
"If the IRS classifies volunteer firefighters and emergency medical personnel as employees in their final rule, fire departments may be unintentionally forced to comply with requirements that could force them to curtail their emergency response activities or close entirely," the chiefs' group says on its website.
Mr. Barletta said the problem could be even more complicated if the IRS counts volunteer hose companies as one department in towns with more than one hose company or as part of a town's workforce. Definitions like that could bump the total numbers beyond the 50-employee threshold and require offering coverage that towns or hose companies cannot afford, he said. The IRS must also define what sort of volunteer duty counts toward the 30-hour-a-week limit.
Mr. Barletta wrote a letter urging the IRS to write a rule that labels volunteer firefighters as non-employees.
"There needs to be clarification because this could be serious," he said. "That's all we're looking at and that we haven't heard anything concerns me."
Bruce Moeller, chairman of a task force for the fire chiefs group and head of safety and emergency services for Pinellas County, Fla., said the problem arose because the IRS already considers volunteers as employees and requires all departments to issue W-2 forms for any sort of compensation for volunteers. He's sure Congress did not intend to require volunteer fire departments to offer health insurance when it passed the health law.
"Welcome to federal regulations," he said. "It's one of those quirks."
Local officials in volunteer departments said they had not heard of the issue or not heard much about it.
One local fire chief said it never occurred to him that volunteers could be considered employees.
Bill White, a volunteer firefighter for 50 years and leader of the Dive Rescue Specialists in Scott Twp., said an IRS rule requiring offering volunteers health insurance would create an uproar.
"If they push that, that would be just the final nail in the coffin for Obamacare for everybody," he said. "I'm not terribly concerned about it."
He's not concerned because the harm would be too great.
"We're barely paying the bills that we have now," Mr. White said.
John Cudo, a volunteer firefighter and public works department laborer in Taylor and an official with the Northeastern Pennsylvania Volunteer Fireman's Federation, said the possibility caught him by surprise when he heard about it during a firefighters' convention in September. A requirement like that could hurt, but he was unconcerned it will happen.
"We're not employees," he said.
Contact the writer: bkrawczeniuk@timesshamrock.com
The Carbondale Area School Board is one step closer to adopting a hiring policy that follows the recommendations of the administration.
A motion to "adopt a recommended candidate hiring policy" was approved in a 5-4 vote. A similar motion failed at a meeting last month.
Board members Joseph Totsky, Nancy Mark, Cindy Turonis Artone, Jimmy Dovan and Paul M. Kaczmarcik voted in favor of the motion. Board members Gary Smedley, Thomas Cerra, Joseph Caviston and John Jordan voted no.
There was no written policy available at Tuesday's meeting. Mr. Totsky said the administration is developing one and it could be available for approval as soon as the next board meeting.
Panel would review candidates
Mr. Totsky, who proposed the motion, said Superintendent Joseph Gorham will form a committee, which will include administrators, and the committee would then review candidates using a scoring rubric.
"The person that does the best is the recommended candidate," Mr. Totsky said, reached by phone Wednesday. "We owe it to the taxpayers to get the best custodian, the best paraprofessional, the best head coach."
He explained the administrators who would narrow the field have a combined 50 to 60 years of experience. "They're in the field of education," Mr. Totsky said. "Leave it to the experts."
Not all board members were in agreement.
Reached by phone Wednesday, Mr. Smedley, board president, said he was unsure of the procedure of the yet unwritten policy.
"There are an awful lot of questions to what that means," he said. "It seems like it was off the cuff. There was no planning for it."
He said even if a written policy had been presented, he would not support it.
"I'd probably be in opposition to a policy like this," Mr. Smedley said. "School directors are elected to hire and fire teachers."
"I don't really like to waive my right as a school director, elected by my constituents, to vote for a candidate I don't really agree with," he said.
Board reorganizes
Also at the meeting, the board reorganized, electing officers for the upcoming year.
Mr. Smedley was re-elected as president. Mr. Jordan was re-elected as vice-president. Mr. Kaczmarcik was elected as secretary and Mr. Caviston was elected legislative representative. Solicitor John Lawler was reappointed at a rate of $1,000 per month and $90 per hour for negotiations.
Contact the writer: rbrown@timesshamrock.com, @rbrownTT on Twitter
A fixture in South Scranton for more than a century, Costa Drug Store will close next week after owners sold the properties to a national drugstore chain.
Tuesday marks the last business day for the Prospect Avenue store, as well as the two other Costa Drug Store locations in Dickson City and Clarks Summit, part-owner George Chelland said.
Mr. Chelland, 71, cited retirement as the main reason for selling the stores to Rite Aid - which has origins in Scranton - but acknowledged that cuts in reimbursements combined with certain Affordable Care Act provisions sunk the stores' finances.
"We're getting less (reimbursements) back for what we are selling," he said. "It just started over the last couple of years. And it's only going to get worse."
Reflecting on the Scranton store's history, which dates back more than 100 years, Mr. Chelland said he will miss interacting with customers - many of whom he's known for more than 50 years.
He said a boom in business decades ago pushed owners to open the two other locations, both of which were packaged in the sale.
It's unclear what Rite Aid will do with the properties. Efforts to reach representatives were unsuccessful on Wednesday.
Mr. Chelland said all patient information will be forwarded to Rite Aid.
While picking up his prescriptions at the store on Wednesday, something he said he's been doing since 1950, John Gallone said he was shocked to hear it could be his final time in the store.
The 75-year-old referred to the drugstore as a hangout spot, where he spent hours during his young adult life fostering relationships with employees and community members.
"The employees know me like I was part of their family," he said.
Contact the writer: miorfino@timesshamrock.com, @miorfinoTT on Twitter
Leadership of the Old Forge School Board will remain the same, despite two dissenting votes from newly elected board members.
New board members Robert Notari and Jason O'Hearn both voted against reappointing Deborah DeSando as board president and Ronald Stacchiotti as vice president at the district's reorganization meeting Wednesday night.
Mr. Notari believed the district needed a "new face" to quell "animosity" between board members and teachers.
Mr. O'Hearn agreed and said he had hoped to bring new leadership to the district to improve ongoing contract negotiations with teachers.
"It's nothing personal. If you hit a roadblock, you need to try new things," he said. "We still have to work with everyone to make everything more amicable."
Mr. O'Hearn nominated Mr. Notari for president, but Ms. DeSando reclaimed the position by a vote of 6-2.
Ms. DeSando said the board's priorities going into the new year will include the search for a permanent superintendent to replace acting Superintendent Al Semenza, who resigned in October due to medical issues after four months on the job. Former Superintendent Roseann Brutico will act as interim superintendent during the search, and Ms. DeSando said the board has begun to select candidates to interview for the position.
Ms. DeSando also hoped to resolve ongoing contract negotiations with the Old Forge Education Association. Teachers have been working under an expired contract since 2010 and began the 2013-14 school year with a month-long strike.
"I hope we can have a dialogue, we're not even doing that now," Ms. DeSando said.
After the meeting, she explained that the board has not met to negotiate with teachers since Sept. 23, two days before the strike ended on Sept. 25.
"The board needs to get beyond reacting and be able to implement new programs and changes," Ms. DeSando said.
Mr. Stacchiotti ran uncontested for vice president, reclaiming his seat despite Mr. O'Hearn and Mr. Notari's dissenting votes.
At the meeting, Magisterial District Judge Theodore J. Giglio swore in newcomers Mr. Notari, Mr. O'Hearn and Kelly Dougher-Tansley, along with returning board member Chris Jones.
Contact the writer: sscinto@timesshamrock.com, @sscintoTT on Twitter
Mid Valley board skips conference
THROOP - In one of its first acts of business, the new Mid Valley School Board said no to a national conference.
At a special meeting Wednesday, Magisterial District Judge John P. Pesota swore in new board members Rick Barone, Mary Ruth Tanner, Steven Vituszynski and Joanne Marie Pesota.
At the regular meeting that followed, the board voted down a motion to authorize participation in the annual National School Boards Association conference, which will be held in New Orleans this year.
John Bukowski, Donna Dixon, Peter Kolcharno, Gerald Luchansky, Mr. Barone and Mrs. Pesota voted against the motion.
Paul Macknosky, Mrs. Tanner and Mr. Vituszynski voted in favor.
"We had issues with prior conferences," Ms. Dixon said after the meeting, referring to a controversial 2008 trip to a conference in Florida. The trip for six board members and a principal totaled $36,000, which included hotel minibar drinks and snacks at amusement parks. Several of the officials later repaid the district for reimbursements they were given for the trip.
"Bad taste. No money," she added, referencing the district's current financial state.
Newcomer Mrs. Pesota agreed, saying the expense would not be "prudent."
Mr. Macknosky, who voted in favor, said he didn't expect anyone to go but explained that the motion would have left the option open for someone to attend, noting new board members and a new incoming superintendent.
Also at the meeting, Mr. Luchansky was re-elected as board president and Mr. Macknosky was elected as vice-president. Mr. Barone was approved as the NEIU representative and Mr. Kolcharno was approved to become Career Technology Center of Lackawanna County representative. Ms. Dixon was approved as the PSBA representative.
In other business, the board tabled a motion to approve $5,256 in payments to attorney William W. Warren for his service in relation to the elementary construction and renovation project.
Contact the writer: rbrown@timesshamrock.com, @rbrownTT on Twitter
Man charged in assault in city
SCRANTON - A city man was charged Tuesday for throwing his girlfriend against a chair, Scranton police said.
Robert Andrews, 29, 608 S. Main Ave., Apt. 2, argued with his girlfriend, Dawn Gray, over the phone Tuesday afternoon. The argument continued when he came home from work, according to Patrolman Mark Kosko.
Mr. Andrews grabbed her by the arm, threw her against a chair and held her down. He threatened further harm if she called police. She refused medical treatment, police said.
Mr. Andrews was arrested when he was stopped for a traffic violation.
He is charged with attempted simple assault and harassment. He was sent to Lackawanna County Prison in lieu of $20,000 bail. A preliminary hearing is scheduled for Tuesday.
Mary Considine answered a knock on her door sometime early on Feb. 24. Two solemn state troopers stood in the frame.
Her older brother, Michael Evans, is dead, they explained. He died in a car crash in Clifton Twp. with a longtime friend, Matthew Gajdys, who was the driver and survived. Mr. Evans was a passenger, and alcohol may have been involved.
"Part of me died that day," she told Lackawanna County Judge Michael Barrasse on Wednesday, shortly before he sentenced Mr. Gajdys, 32, of Dunmore, to 11 to 22 months in Lackawanna County Prison for homicide by vehicle, a single DUI count and one summary traffic offense.
Ms. Considine knew she needed to tell her parents in Virginia immediately, though the news would kill them. Kimberly and Jim Evans could hear the trouble in her voice when she called. Then she told them.
"Mike's dead, Mike's dead," they repeated. "My son is dead."
She has never been able to get their screams out of her head.
But the way to healing is through compassion and forgiveness, the family concluded. On Wednesday, the Evans family asked for "justice tempered by mercy," and Judge Barrasse delivered.
Mr. Gajdys' sentence includes time served, meaning that he could theoretically be parole eligible in January.
Police initially charged Mr. Gajdys with, among others, homicide by vehicle while DUI, which carries a mandatory minimum sentence of three years in a state prison. That charge was dropped in a plea deal taken in August at the request of the Evans family, in part for his cooperation in a possible civil suit which would name Mr. Evans' small child as the only beneficiary.
State police said Mr. Gajdys crashed into a tractor trailer on Route 435 in Clifton Twp. Mr. Evans, 33, was pinned beneath the Jeep Cherokee and several empty Coors Light beer cans were found strewn around the crash scene as well as inside the Jeep. Mr. Gajdys told state police he had been drinking that night. He had a blood alcohol content of .199 - more than double the state's legal limit of .08 - and he had recently used marijuana, a blood test showed.
Attorney James Powell, who the family retained for the potential civil action, said after the sentencing that the suit has not been filed but he expects it to be. The suit would be against the establishments that served them alcohol on the night of Feb. 23. and possibly the trucking company involved in the crash, pending the outcome of the civil investigation.
The Evans family asked for compassion from the court because they know Mr. Gajdys will forever be a "prisoner in his own mind."
At first there was a desire for revenge and a need for someone to blame, Jim Evans Sr. told Judge Barrrasse on Wednesday. That changed when he saw Mr. Gajdys in handcuffs on the television. He looked like a broken man, like a victim himself, Mr. Evans reflected.
Mr. Gajdys and Mike Evans had been friends for 15 years, Mrs. Evans said, and Mr. Gajdys had recently fallen on hard times.
An Army veteran, he has served tours in Iraq and Afghanistan. What happened to Mr. Gajdys overseas changed him and left him with post-traumatic stress disorder, she said. Mr. Gajdys took to substance abuse to self-medicate and eventually ended up sleeping under a bridge.
Mr. Gajdys might as well have been family to Mike Evans, so he did not hesitate to take him into his home until he got back on his feet.
But Mr. Gajdys was not getting the help he needed, and it broke Mr. Evans' heart that he may need to tell his friend to leave, older brother Jim Evans Jr. said on Wednesday.
"Jim, I'm telling you, he's going to end up killing somebody," Mr. Evans told his older brother 40 hours before he died.
Mr. Gajdys fought tears as he told Judge Barrasse he would need to bear his guilt for the rest of his life. Every day he wakes up, Mr. Gajdys knows he took a father away from a small child as Mike Evans has a son.
Family members asked Judge Barrasse for a sentence that will allow Mr. Gajdys to get his life together. Atonement can come from sparing another family the same grief they have already experienced.
After Mr. Gajdys is released from prison he will serve approximately 5½ years of probation as well as 1,000 hours of community service. The community service will focus on speaking with high school and college students, as well as returning military veterans, about substance abuse.
Grief-stricken, Mrs. Evans cautioned others who may be quick to cast aspirations on Mr. Gajdys. Many people have driven drunk and have never been prosecuted for it, so it is not for them to judge Mr. Gajdys.
"You too are held accountable," Mrs. Evans said.
In closing her speech before the judge, Mrs. Evans displayed the ultimate in compassion.
"I love you, Matthew, and that will never change," she said.
Contact the writer: jkohut@timesshamrock.com, @jkohutTT on Twitter
HARRISBURG - School safety could be improved if teachers wear wireless pendants so they can signal trouble, retired police officers are hired to screen visitors at entrances and students have access to more mental health services, according to recommendations recently made by a special House committee. The report by the House Select Committee for School Safety came five months after lawmakers approved $8.5 million for an expanded safe schools initiative in the state budget. It provides grants to pay for school resource officers, emergency training and violence prevention programs.
Recommendations
The committee issued a set of recommendations covering such topics as security technology, school emergency planning, role of law enforcement, bullying and mental health initiatives. It was formed in the wake of the deadly shooting at a Connecticut school nearly a year ago.
Some recommendations call for passage of legislation and state appropriations with recognition that state finances are tight. Others are steps school districts can take on their own.
In addition to surveillance systems and locked doors, schools should give teachers and administrators wireless pendants and install panic buttons in front offices, the committee suggested.
"Most people have seen commercials advertising pendants that can be worn and used to contact emergency personnel in case of any injury or other emergency," said Rep. Todd Rock, R-90, Waynesboro, a committee member. "Why not give teachers similar devices that they could use in case of a crisis in the classroom?"
Pennsylvania needs to provide substantially more funding for school safety, said Rep. Kevin Haggerty, D-112, Dunmore, who welcomed the report.
Mr. Haggerty didn't sit on the committee, but he has focused on school safety issues since taking office. He proposes placing resource officers in all elementary schools and enabling private foundations and businesses to make donations to the state Office of School Safety budget.
Controversial issue
The committee weighed in on a controversial issue saying that school personnel who are not properly trained school police officers, resource officers or security officers should not be armed on school property.
The report gives a nod to a House bill providing for hiring retired police officers to act as a "choke point" for screening visitors, but recognizes this would have to be implemented gradually given fiscal constraints.
And it calls for considering existing bills to exempt school board discussions of security issues from open meeting requirements and to require more extensive employment interviews for job applicants who would have direct contact with children.
The committee urged more state funding for student assistance programs that offer early intervention for student mental health issues.
Contact the writer: rswift@timesshamrock.com
ALBRECHT, PATRICIA A., Scranton, Wednesday, Mass, Immaculate Conception Church, Scranton, by the Rev. Joseph Sica. Pallbearers: Craig and Wilbur Keppley, Charles McCann, Rayn Kacafirek, Robert Barry and John Sillner. Interment, St. Mary's No. 5 Cemetery, South Scranton.
BARANSKY, DOROTHY, formerly of Throop, Saturday, 9:30 a.m., John F. Glinsky Funeral Home, 445 Sanderson St., Throop. Mass, Holy Trinity Polish National Catholic Church, by the Very Rev. William Chromey. Interment, St. Adalbert's Cemetery, Dickson City. Calling hours, Friday, 7 to 9 p.m. Adoration Society service, Friday, 7. Contributions: Holy Trinity Polish National Catholic Church, 609 Center St., Throop.
BENSLEY, CHRISTOPHER T., Frederick, Md., formerly of Gouldsboro, Friday, 11 a.m., Gouldsboro United Methodist Church, Main Street, Gouldsboro, by the Rev. Eric Luczak, pastor of Daleville/Maple Lake United Methodist Churches. Interment, Lehigh Cemetery in Gouldsboro. Calling hours, today, 5 to 8 p.m., Brian Arthur Strauch Funeral Homes & Cremation Services, 3 First St., Spring Brook Twp. Contributions: Chris's children, c/o Penn Security Bank, 534 Main St., Gouldsboro, PA 18424.
BONACCI, PHILIP J., Archbald, Mass, Saturday, 10 a.m., St. Mary of Czestochowa Church, 417 Main St., Eynon. Calling hours, 30 minutes before Mass, Arrangements: Louis J. Rapoch Funeral Home, Archbald.
DICK, BEATRICE JEAN, Jessup, Friday, Louis M. Margotta Funeral Home, 511 Church St., Jessup. Divine Liturgy, 11:30 a.m., Holy Ghost Byzantine Catholic Church. Interment, Holy Ghost Cemetery, Jessup. Calling hours, today, 5 to 8 p.m. Parastas, 7:30. Donations: donor's favorite charity.
EVANS, JUDITH M., Scranton, Friday, 10:30 a.m., Solfanelli-Fiorillo Funeral Home Inc., 1030 N. Main Ave., by Timothy Weeks, chaplain of the Commonwealth Hospice. Interment, Fairview Memorial Park, Elmhurst. Calling hours, Friday, 9:30 to service. Contributions: Commonwealth Hospice, 746 Jefferson Ave., Scranton, PA 18510.
FOLEY, WILLIAM J. "BILL," Old Forge, Friday, 9:30 a.m., Thomas P. Kearney Funeral Home Inc., 517 N. Main St., Old Forge. Mass, 10, St. Lawrence O'Toole Church, 620 S. Main St., Old Forge, by the Rev. August A. Ricciardi, pastor. Interment with military services by the AMVETS Honor Guard, Cathedral Cemetery, Scranton. Visitation, today, 4 to 7 p.m.
GILPIN, HAROLD F., Newfoundland, Saturday, 2 p.m., St. John's Episcopal Church, 564 Easton Turnpike, Hamlin. Contributions: Harold's son, Todd, to help with expenses. Arrangements: James Wilson Funeral Home, Lake Ariel.
GILPIN, RUTH MILLER, Saturday, 1 p.m., Corbin & Palmer Funeral Home, 71 S. Union St., Burlington, Vt. Calling hours, 11 a.m. to service. Private interment, Dunmore. Contributions: First Baptist Church of Burlington, 81 St. Paul St., Burlington, VT 05401; or Champlain College Building Reserve Fund, 163 South Willard St., P.O. Box 670, Burlington, VT 05402.
HENRY, MICHAEL R. "MICKEY," Wallenpaupack Lake Estates, today, 11 a.m., James Wilson Funeral Home, 143 Gravity Road, Lake Ariel, by Pastor Mark Fitch. Calling hours, Wednesday, 5 to 8 p.m. and today, 10 to service. No flowers. Contributions: Celtic Home Health & Hospice Community Care, 100 William St., Dunmore, PA; or the Ronald McDonald House, 322 Wheeler Ave., Scranton 18510.
JAMES, JUDY A., Taylor, Wednesday, 10 a.m., Thomas P. Kearney Funeral Home Inc., 517 N. Main St., Old Forge, by the Rev. Thomas Sica, pastor of Open Door Baptist Church, Scranton. Paul Davis, John Kazista, Timothy Kramer, Jack Keenan, Robert Adomiak and Tommy Scandale. Interment, Chapel Lawn Memorial Park, Dallas.
JANIK, DOROTHY W., Moosic, Mass, Wednesday, Divine Mercy Parish, Scranton, by the Rev. Francis Pauselli, pastor. Pallbearers: Christopher Willis, son-in-law; Robert Gibson, Edward Coleman, Ken Barnansky, Christopher J. and John A. Souter. Honor guard: Scranton School District retired teachers. Interment, private, Holy Trinity Cemetery, Lewiston, N.Y.
JONES, JOHN T., Taylor, calling hours, Friday, 5 to 7 p.m., Semian Funeral Home, 704 Union St., Taylor. Interment, private, Forest Home Cemetery, Taylor. Contributions: One Life to Live Pet Rescue and Adoption, P.O. Box 4161, Scranton, Pa. 18505.
KAVULICH, IRENE GERA, Taylor, today, 10 a.m., Semian Funeral Home, 704 Union St., Taylor. Mass, 10:30, Divine Mercy Parish, 312 Davis St., Scranton. Interment, St. Catherine's Cemetery, Moscow. Calling hours, Wednesday, 4-8 p.m. Contributions: Catholic Social Services, 516 Fig St., 18505.
KEARNEY, CECELIA M., Minooka section of Scranton, Friday, Mass, 10:30 a.m., Church of St. Joseph, 312 Davis St., Scranton, by the Rev. Francis Pauselli, pastor. Interment, St. Joseph Cemetery, Minooka. Calling hours, Friday, 10 to Mass. Contributions: Divine Mercy Parish, 312 Davis St., Scranton, PA 18505 or Maryknoll Fathers and Brothers, P.O. Box 302, Maryknoll, NY 10545-9913. Arrangements, Eagen-Hughes Funeral Home, 2908 Birney Ave., Scranton.
KROLL, JOSEPH "WHITEY," Saturday, 10 a.m., Holy Rosary Church, 316 William St., Scranton. Donations: Little Sisters of the Poor at Holy Family Residence, 2500 Adams Ave., Scranton, PA 18509.
MARKIEWICZ, ALICE, Scranton, Mass, today, 10 a.m., St. Stanislaus Polish National Catholic Cathedral, 529 E. Locust St., Scranton. Interment, parish cemetery. Go directly to the church. Arrangements, Sznyter Funeral Home, Scranton.
MEEKS, TERRELLDEAN M., Old Forge, private, Thomas P. Kearney Funeral Home, Inc., 517 N. Main Street, Old Forge.
MURDOCK, REGINA "GINA," Throop, Mass, Monday, 10 a.m., Immaculate Conception Church, 801 Taylor Ave., Scranton. Interment, Cathedral Cemetery. Go directly to church. Calling hours, Sunday, 1 to 3 p.m., Vanston and James Funeral Home, 1401 Ash St., Scranton. Contributions: donor's favorite charity.
PALLMAN, LEONA T., South Abington Twp., today, 10 a.m., Countryside Community Church, 14011 Orchard Drive, Clarks Summit, by the Rev. Dr. J.P. Duncan, pastor. Interment, Abington Hills Cemetery. Calling hours, 9-10, church. Arrangements: Lawrence E. Young Funeral Home, 418 S. State St., Clarks Summit. Contributions: Countryside Community Church or the American Diabetes Association, 71 N. Franklin St., Wilkes-Barre, PA 18701.
POLIZZI, MARY A., Dunmore, today, Carlucci-Golden-DeSantis Funeral Home Inc., 318 E. Drinker St., Dunmore. Mass, 11 a.m., St. Mary's Church, Chestnut Street, Dunmore. Interment, private. Calling hours, today, 9 to 10:30 a.m.
ROGARI, MARY FRANCES, Carbondale, Friday, Lawrence A. Gabriel Funeral Home, 74 N. Main St., Carbondale. Mass, 9:30 a.m., St. Rose of Lima Church. Interment, Our Mother of Sorrows Cemetery, Finch Hill. Calling hours, today, 5 to 8 p.m.
SAMSELL, DELORES Z., Scranton, formerly of Warren, N.J., private interment. Arrangements, Sznyter Funeral Home, Scranton.
SUSNOSKY, MARION E., East Mountain, Friday, 9 a.m., August J. Haas Funeral Home, Inc., 202 Pittston Ave. Mass, 9:30, Nativity of Our Lord Church, by the Rev. Michael Bryant, pastor. Interment, private, St. Mary of the Assumption Cemetery, South Scranton. Calling hours, today, 6 to 8 p.m. Contributions: St. John Neumann Parish, 633 Orchard St., Scranton, PA 18505.
VILLELLA, ROSE, resident of Green Ridge Health Care Center, formerly of Peckville, today, James M. Margotta Funeral Home, 1019 Main St., Peckville. Mass, 9:30 a.m., Sacred Heart of Jesus Church, Peckville. Interment, Union Cemetery, Peckville. Calling hours, Wednesday, 3 to 7 p.m.
YOUNG, JOSEPH, Scranton, today, 4:30 p.m., Keystone Community Resources Inc., 215 Hickory St., Scranton. Arrangements, Patrick F. Guido Funeral Home, 120 S. Main Ave., Scranton.
Woman charged for trespassing
TAYLOR - Police charged a Taylor woman Tuesday for returning to a borough store after signing a notice she would not return.
Denise Tracy, 57, 67 Alban Lane, has a history of trying to purchase items from her local Walmart with invalid credit cards and when she tried to do the same thing around 7 p.m. Tuesday, store employees told her she was no longer allowed in that store, or any other Walmart, and said she signed a notice that she would stay out. Approximately 15 minutes later, she returned and tried to purchase items and refused to leave.
Police charged her with misdemeanor trespassing and she was sent to Lackawanna County Prison in lieu of $20,000 unsecured bail. A preliminary hearing is scheduled for Tuesday.
PITTSTON TWP. — Union labor supporters protested what they called low wages outside McDonald's on Route 315 Thursday morning.
They joined fast food workers across the nation in a new wave of strikes to raise wages.
Protesters said they support the workers' call for a $15 per hour wage for fast food jobs and the right to form a union without retaliation.
Pittston Township police asked the protesters to leave the location because they were blocking the drive-thru entrance and were close to the busy Route 315.
Swayed by stories of dogs running loose and living in filthy conditions, a Lackawanna County judge today ruled that a Moosic man charged animal cruelty must give up all but one of the numerous dogs he has housed at his home.
The ruling, issued by Judge Vito Geroulo, was applauded by animal rights activists and neighbors of John Tanis III, who have lobbied for months to have the dogs taken from him while he awaits trial on charges he abused five dogs that were removed from his home last year.
"I'm so happy to get these poor animals away from him," said Mr. Tanis' neighbor, Diane Gilchrist, one of five people who testified Thursday about several instances in which Mr. Tanis' dogs were found running loose near his home on Main Street.
Ms. Gilchrist and a second neighbor, Barbara Oney, also told of deplorable conditions at Mr. Tanis' home, which they say was littered with junk and smelled of dog urine and feces.
"It's like a landfill. There is garbage all over the back yard," Ms. Oney testified. "The smell is horrendous. All year 'round, we have to keep our windows closed."
Judge Geroulo's order was issued as part of a bail modification hearing sought by the District Attorney's office, which is waiting to try Mr. Tanis on charges of abuse related to five emaciated Weimaraners found at his home in November 2012. Prosecutors took the action after Moosic police received multiple reports in the past few months that dogs had escaped from Mr. Tanis' home, which is located a near a busy intersection.
Mr. Tanis, represented by attorney Thomas Cummings, acknowledged there was some rubbish on his property, but denied the dogs were abused or neglected.
Speaking after the hearing, he said he planned to make some adjustments at his home to prevent the dogs from escaping and would likely seek to have them returned to him.
"We're going to try to work around it and fortify the yard to prevent them from getting loose," he said.
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Contact the writer: tbesecker@timesshamrock.com