Three Scranton city councilmen want the Mall at Steamtown’s anchor tenant to reconsider blocking major changes at the troubled retail space.

As vacancy increased at the shopping center on Lackawanna Avenue in recent years, more area residents have talked about different visions for how the mall could remain a viable part of downtown Scranton.

A proposal to convert the building into a Reading Terminal-style market gained significant social media momentum in recent months, while architect Michele Dempsey’s team drew up a plan for the mall to become a “mixed-use lifestyle center” with lofts, retail storefronts, restaurants and offices.

Other ideas have ranged from turning the mall into a casino to converting it into a skating rink.

But the mall’s lease agreement with Boscov’s Department Store allows the anchor tenant to veto significant changes. Store Chairman Al Boscov told The Times-Tribune earlier this week that the store probably would bid on the mall at an auction next month with a goal of keeping the facility all or predominantly retail.

He wanted to keep people with ideas about repurposing the mall — some of whom he called “cranks” — away from the auction scheduled by LNR Partners.

“I was very upset to read an article in the newspaper featuring Al Boscov talking about the mall,” Councilman Pat Rogan said at Thursday’s meeting. “Mr. Boscov criticized and even poked fun at many of the great ideas that have been put forward by the residents of Scranton to rehab that building. Obviously, the current formula that Mr. Boscov has a leading role in didn’t work. I was just at the mall last Tuesday, and it is a ghost town.”

Although he felt the overall mall concept is no longer working, Mr. Rogan said Boscov’s has been successful in the space and should continue to have an important role there.

Council President Bob McGoff also had some strong words for Mr. Boscov, who he hoped would give up what he called “obstinacy to change.”

“I believe that Mr. Boscov is a great businessman,” Mr. McGoff said. “However, I don’t think Mr. Boscov has been very good for the city of Scranton. I think as the mall goes to auction — and it would appear that Mr. Boscov is doing everything he can to purchase the mall — he needs to be willing to consider options. ... We cannot persist in the mall structure as it is.”

Like Mr. Rogan, he felt Boscov’s should nonetheless maintain its presence there.

After the meeting, Councilman Bill Gaughan said retail trends at malls across the country indicate the facility needs a new direction.

During his interview earlier this week, Mr. Boscov indicated he might be open to a different use for the building’s second floor. He talked about attracting other retailers back to the mall, reopening negotiations with potential anchor tenants to replace Bon-Ton and seeking state grants to repair the parking garage.

“We can’t do anything now because we don’t own it,” Mr. Boscov said at the time. “But we can make it work and we can make it relevant to the community.”

In other business Thursday, council introduced an ordinance that would expand requirements for utilities to restore roads after tearing them up for various projects, Mr. Gaughan said.

The ordinance would also ban excavating city streets within five years of a paving project, except in emergency situations, which he said could include upgrades, improvements or maintenance to utility systems.

“All you need to do is drive on our city streets to experience an enormous amount of bumpy, uneven pave cuts that drive city motorists crazy,” Mr. Gaughan said. “It has not been uncommon in the past to drive down a newly paved city street one week and the next week find the street has been dug up by a utility company.”

Also, Mayor Bill Courtright and consultant Henry Amoroso are working with council to schedule a discussion to update city lawmakers on Scranton’s recovery plan at an upcoming public caucus or meeting.

Contact the writer:

kwind@timesshamrock.com, @kwindTT on Twitter

SCRANTON — Police filed a felony assault charge against a 48-year-old city man for slashing another man outside a Penn Avenue soup kitchen Wednesday morning.

Watts Ellis of 507 Broadway denied to police that he cut Ryan Taylor, 23, in front of the St. Francis of Assisi Kitchen, 550 Penn Ave. Mr. Ellis told police he was involved in a scuffle with Mr. Taylor but another man with a knife got involved and cut Mr. Taylor. Mr. Ellis said he ran when he saw a knife. Police captured him at the Drug and Alcohol Treatment Service building near the kitchen, he said.

Several other witnesses, however, told police Mr. Ellis cut Mr. Taylor after a scuffle over a woman.

Mr. Ellis is in Lackawanna County Prison in lieu of $50,000 bail. A preliminary hearing is scheduled for May 29.

— JOSEPH KOHUT

The U.S. attorney’s office filed a bank robbery charge Thursday against a 47-year-old woman who was led by the FBI from her Clarks Green home a day earlier.

Lisa Alexis Jury was arraigned in federal court before U.S. Magistrate Judge Karoline Mehalchick and jailed at Lackawanna County Prison. It is not known if bail was set. Ms. Jury’s attorney, Gerard M. Karam, declined to comment.

A criminal complaint filed Thursday by FBI Special Agent Shawn McMillen said Ms. Jury used a stun gun to rob $7,070 from the P&G Mehoopany Federal Credit Union on Business Route 6 in Archbald on Tuesday.

Wearing a black mask and hooded sweatshirt, the robber fled the credit union in a Hyundai SUV.

On Wednesday, federal agents searched her home, garbage and an SUV parked in her driveway, before leading her into a black Chevrolet Tahoe. Archbald Police Chief Tim Trently joined the FBI along with Waverly Twp. Police Chief Kenneth James.

No one has been charged with robbing the People’s Security Bank on North Gravel Pond in Glenburn Twp. on Oct. 30, but the two robberies bear similarities. Both involve women of similar height who robbed banks around the same time in the morning wielding stun guns. Both fled in Hyundai SUVs.

Spokeswomen from both the FBI and the U.S. attorney’s office did not respond to questions Thursday.

Contact the writer:

jkohut@timesshamrock.com,

@jkohutTT on Twitter

A Kingston woman is facing child endangerment charges after police say they found her high on synthetic marijuana and her child dazed and confused in a smoke-filled car.

Tara Sue Kozak, 28, of 243 Zerby Ave., is also charged with reckless endangerment, drug possession and possessing drug paraphernalia after Kingston police found her in a car with her child, who they said was “semi-responsive and in a confused state.”

According to a police affidavit filed in court, Kingston police contacted Kozak about 5:30 p.m. Wednesday in the parking lot of Big Lots at 560 Union St., Pringle, to a report of two semi-responsive people in a green car with a child in the back seat.

When police and medics arrived, they found Kozak appearing high and the car emitting the “distinct odor of synthetic marijuana,” the affidavit says. The second adult was already gone, and the confused child in the back seat was taken to an ambulance, where the child vomited, police said.

Kozak, who had glossy, bloodshot eyes and slurred speech, said she didn’t want to get out of the car and had to be removed, according to police. Police then observed two burned blunts containing synthetic pot on the driver’s seat, police said.

On the passenger seat, police also found a bag of synthetic marijuana labeled “Kisha Cole.” The product is advertised as “super strong legal herbal incense.” Another bag of “Red Giant” synthetic marijuana was found under the driver’s seat, police said.

Police arrested Kozak and brought the child to Wilkes-Barre General Hospital, where caseworkers from Luzerne County Children and Youth Services responded.

Magisterial District Judge Donald Whittaker arraigned Kozak on Wednesday and set her bail at $50,000. She was being held at the Luzerne County Correctional Facility with a preliminary hearing set for 1:30 p.m. May 27.

KINGSTON — Rob Klein, co-head writer for Saturday Night Live, was live from Kingston on Thursday, offering advice to Wyoming Valley West Middle School students.

Klein, a 1999 graduate of Wyoming Valley West High School, was the guest speaker at the National Junior Honor Society induction ceremony.

“The first thing I want to say to the students is I understand that young people today have a lot of distractions. You might spend a lot of time online, watching YouTube, playing Minecraft, playing games on your phone. But I really believe it’s so important, even with all those distractions, that you still carve out a few hours every night to watch some TV,” Klein said, as the audience began to laugh.

“I work on TV. It’s my job. It’s how I pay the rent, and if young people stop watching TV, I’m in a lot of trouble,” he continued.

Then he offered some more serious advice.

“Whatever it is you like to do, don’t let anyone tell you it isn’t cool,” Klein said, adding “whatever it is, if you like it, do it and never feel bad about it for even a second.”

His next piece of advice was try to get good grades.

“A lot of you are thinking — duh, that’s why we’re here. That’s like what my parents have been saying since kindergarten,” he said, explaining “good grades are going to give you options when you get out of school.”

Klein, 34, just finished his eighth season as a writer for the New York City-based show and his second season as co-head writer. The other co-head writers are Colin Jost and Bryan Tucker.

“Saturday Night Live is on NBC at 11:30 on Saturdays, and let them stay up,” Klein said, concluding his address at the middle school. “Sunday’s not a school day. Let them stay up.”

After high school, Klein went to Harvard University and began writing for the Harvard Lampoon humor magazine. His parents, Gene and Marilyn Klein, live in Forty Fort.

His father was Luzerne County’s chief administrator from 1984 to 2001, and his mother was a guidance counselor for the Wyoming Valley West School District.

Rob Klein has a local home in Bear Creek Village and a New York home in Greenwich Village. He got married last month.

Before Klein spoke at Thursday’s ceremony, middle school Principal Deborah Troy talked about the guest speaker.

“Rob, we are so proud to call you a graduate of Wyoming Valley West, and we are so proud of your amazing success in show business,” Troy said. “Through it all, you have remained humble, never forgetting your roots. You make us laugh every Saturday night, and we continue the discussion on Monday about a particular, probably provocative skit, and wonder what will be the opener for next week’s show.”

mbuffer@citizensvoice.com

570-821-2073, @cvmikebuffer

It wasn’t just easy for the fans to like the musicians at Thursday’s Battle of the Bands at Breakers in the Mohegan Sun Pocono, the bands themselves seemed to like each other.

During Coast 2 Coast’s set, you could see RJ Scouton, of eventual champion Stealing Neil, singing along.

“Our fans our rooting for them against us,” joked Nowhere Slow’s Will Clauss.

Four bands — Stealing Neil, Nowhere Slow, Coast to Coast and Facing the Giants — were the finalists of 32 bands from around the region and state who faced off for a $10,000 prize at the venue. Facing the Giants’ Wayne Kopacz said he thought the bands were even closer during the previous contests.

“This goes out to my Noxen people,” Scouton said from the stage after his group won.

The Stealing Neil fans were pretty raucous, showing up on a bus. Several of them wore badges that said, “If found, please return to the Noxen Inn.”
But they weren’t the only lively fans.

Facing the Giants started the night with “Stray Cat Strut.” They rocked through a set that saw them flow from the Beatles to Johnny Cash and rumble into some AC/DC. The group hasn’t even been together for a year, but when they were done a vocal part of the crowd chanted “FTG, FTG, FTG” repeatedly.

Coast 2 Coast, a Philadelphia-based band that was the only non-local group in the finals, was the second act on stage.

Band member Tym Johnson said he the group wanted to infuse a high energy Philly sound into the night.

It succeeded.

They got the crowd rocking with a repertoire that included Beyonce, Mark Ronson, and Earth, Wind and Fire.

“This is the first contest we’ve been in like this, actually,” Johnson said. The band, though it has been together for two decades, usually just plays regular gigs.

Members of each band said playing in a contest was a bit different than a regular show.

“There’s a little more pressure,” said Scavone. “But I’m old fashioned and whenever I play for people, I want to give them our best.”

“There’s a little more pressure,” said Scavone. “But I’m old fashioned and whenever I play for people, I want to give them our best.”

For Nowhere Slow, which was the returning champions, picking a set went down to the wire. The band didn’t want to do the same songs as last year.

“We had discussions up to 7 o’clock today,” he said, adding they could call an audible before going on stage.

They ended up playing a bit of The Police, the Foo Fighters, U2 and the Dropkick Murpheys during their set.

But the night ended with Stealing Neil, who rocked the crowd with a set that included Boston, Queen, Led Zeppelin, Guns and Roses and John Mellencamp.

SCRANTON —Two more storefronts will be vacant at the Mall at Steamtown.

Retailer FYE, which sells music, videos, games and electronics accessories, has begun a clearance sale. Employees say the last day of operations will be Thursday or earlier if inventory is sold. FYE is a successor to an original tenant of the now-struggling shopping center, The Wall. Albany, New York-based Trans World Entertainment owns FYE.

The BodyWork Stores, which offered massages, is dark, having closed within the last week.

The mall is scheduled to go on the auction block in early June.

— DAVID FALCHEK

Motorists are expected to pay the lowest Memorial Day gas prices in five years and travel volume for Scranton/Wilkes-Barre area residents for the holiday weekend is expected to reach a 10-year high, according to AAA Mid-Atlantic.

Gas prices in the Scranton/Wilkes-Barre area on Friday averaged $2.81 per gallon, 17 cents higher than last month’s average of $2.64 per gallon, but 90 cents cheaper than the average of $3.71 per gallon last year at this time, according to AAA.

“It’s very nice,” said Wilkes-Barre resident Viola Snyder, who pumped gas Friday at Sheetz in Wilkes-Barre, where the price was $2.75 a gallon. “Last year, $20 wouldn’t even get us half a tank and now it gets almost three-quarters of a tank.”

Margaret Rajan of Clarks Summit, who also pumped gas at Sheetz, said she uses her credit card to buy gas and she pays attention to how much it adds up.

“When prices were higher, I would think if I was going to the mall, I would get everything done in one trip,” she said. “Now I don’t do that.”

In recent months, gas prices have increased as crude oil prices increased.

Crude oil is typically the most important factor influencing gas prices. At the close of formal trading on Thursday, crude oil settled at $60.72 per barrel, up roughly $1 from last Friday’s close and headed to what could likely be a ninth straight weekly gain, AAA reported.

“Despite recent increases, lower gas prices have undoubtedly fueled the desire to travel,” said AAA Mid-Atlantic spokeswoman Jana Tidwell.

According to AAA’s first travel forecast of the summer, nearly 40,000 Scranton/Wilkes-Barre area residents are projected to travel over Memorial Day weekend, representing a 4.6 percent increase over last year and the highest travel volume for the holiday in 10 years. About 90 percent will drive to their destinations.

After what sometimes felt like the longest winter on record, Ms. Tidwell said area residents are looking forward to beginning the summer season with a trip.

Dunmore resident Tomika Coleman said she plans to travel to Baltimore for Memorial Day and stopped at Sheetz in Wilkes-Barre to get gas on her way there on Friday. While she said gasoline prices seem a little better, she doesn’t really see that much of a difference.

“I’ve gone from paying about $60 for filling up to maybe like $45,” Ms. Coleman said. “It’s still up there, but every little bit helps.”

Ashley resident Rachelle Farber said she plans to travel for Memorial Day, but not far. She’s going to a family barbecue in Swoyersville.

She also said she plans to celebrate her 30th birthday, coming up June 1, by going to the beach. She is happy that gas prices are cheaper than last year.

“They are better than they were,” she said, while pumping gas Friday at Turkey Hill on Wilkes-Barre Twp. Boulevard. “We can go more places, enjoy more family time, go to parks and stuff like that.”

Contact the writer:

dallabaugh@citizensvoice.com

Though many of the Hill Section’s Nepalese and Indian residents cannot read the list of violations on Scranton’s quality of life ordinance, they have already seen them firsthand.

In properties with absentee landlords, broken gas or water lines go for weeks without repair. Unkempt weeds and grass turn lawns into jungles, and tenants must board up smashed windows that landlords never replace, community leaders told city officials at a meeting Friday organized by the Hill Neighborhood Association.

“Some of the landlords are living in New York or other states,” Nepalese community leader Tek Khadka said. “We leave several voice mails and they are not responding to us. Who are we to contact so the problem will be solved?”

On Friday, association president Robert “Ozzie” Quinn convened a meeting with eight Nepalese and Indian Hill Section residents, city Licensing, Inspection and Permits director Patrick Hinton, Hill beat Officer Scott Benzeleski, University of Scranton representative Julie Cohen and Lutheran pastors the Rev. Kristian Bjornstad and the Rev. Naveen Nischal.

Absentee landlords are “one of the biggest problems in the city,” Mr. Hinton told the group. In certain Hill Section streets, most properties are owned by far-away landlords, Mr. Quinn said.

Although Scranton’s rental registration ordinance requires them to register their properties, pay an annual fee and designate a representative no more than 20 miles away to handle the property’s affairs, enforcing the terms is often difficult, he said.

Quality of life violations are the owner’s responsibility, not the tenants’, Officer Benzeleski explained.

“If you’re living there, you’re renting there and you get a citation for accumulation of garbage on the property, the landlord would be responsible,” he said.

But landlords who live in different states, sometimes as far away as California, often ignore letters, citations and even bench warrants, Mr. Hinton said. Constables for magistrate courts are often reluctant to travel hundreds of miles to serve a warrant, he said.

That leads to situations like one that befell Lal Khadka’s family members. For weeks, their stove was not working and the glass on their window remained broken, yet the landlord only showed up to collect rent and offer empty promises.

“He said, ‘Next week, I’ll come and fix that,’ but next week never comes,” he said.

Mr. Hinton encouraged anyone dealing with these issues to contact his department. Inspectors will work with tenants to get landlords’ attention, solve blight issues and avoid condemning a property and evicting a family, he said.

After a certain point, the conversation shifted from listing grievances to brainstorming solutions.

Approaching city government or the police to resolve a dispute is not common in their South Asian cultures, Harikrisna Patel said. Yet, everyone at the meeting seemed interested in learning how to solve these problems in their new country.

“My second priority is India; my first priority is the U.S.,” Mr. Patel said.

Several people offered to translate the city’s quality of life ordinance into Hindi and Nepalese. There was some discussion of translating the state’s landlord-tenant law as well.

For those having trouble with English and navigating American life, the university’s Language Learning Center offers courses, Ms. Cohen said.

The Rev. Bjornstad and the Rev. Nischal offered the use of the Lutherans’ new Ministry Center on Monsey Avenue for space to plan and coordinate efforts.

Mr. Hinton suggested creating a “Landlord Hall of Shame” on the city’s webpage, an idea he borrowed from cities like Allentown. Allentown’s website calls out absentee landlords who ignore the city’s enforcement attempts. Their names and home addresses appear with photos of their blighted property.

Contact the writer: bgibbons@timesshamrock.com, @bgibbonsTT on Twitter

CARBONDALE — Carbondale Area school administrators and directors are “back to the drawing board” to figure out ways to maximize space in the district’s elementary center, according to an online statement.

Directors proposed moving the sixth-grade classes to the high school building, but because of “little support,” the board “has no intention” of making the change, the release said. During a May 12 work session, parents expressed concerns about the move. The board said their questions would be answered in an online document that is also available at the district office.

To read the responses, visit bit.ly/1PCb3eY.

— KATHLEEN BOLUS

Mega banking chain J.P. Morgan Chase has suddenly started cutting checks to plaintiffs in a local class-action lawsuit against McDonald’s that claims the workers were burdened by being paid exclusively by fee-laden debit cards.

“We have decided to refund you for all fees we charged on your Chase Prepaid Card. ... We are sending you the attached check to refund you for these fees,” said the letter from Chase Prepaid Card Services.

West Pittston attorney Michael Cefalo, who filed the suit in June 2013 against a Clarks Summit couple that owns 16 local McDonald’s restaurants, questioned the timing of Chase’s surprise move.

The case was certified as a class-action suit just a week earlier.

“It’s like someone who robbed you and then gave the you the money back when they got caught,” Mr. Cefalo said Friday at his office.

“Chase doesn’t want to be embarrassed. Chase wants this to go away,” Mr. Cefalo said.

Mr. Cefalo represents 2,380 plaintiffs in the case against franchise owners Albert and Carol Mueller of Clarks Summit, alleging they violated state wage laws. The case was certified as a class-action suit on May 14, a day before the checks were dated, Cefalo pointed out.

Cefalo has a separate action against J.P. Morgan Chase on behalf of the plaintiffs who were minors at the time they agreed to work at McDonald’s and get paid with a Chase debit card — the only pay method available.

On Friday, Cefalo said Chase gave no advance warning of the refunds. A spokeswoman for the Muellers said they were unaware Chase planned to issue any refunds. Emails sent to national and regional press offices of Chase were not returned Friday.

One plaintiff who was a minor while employed at McDonald’s is Samantha Earley, who admitted she was a naive 17-year-old when she worked at the Sans Souci Parkway location in Hanover Township in 2011. Her mom even was upset with her, thinking she chose to get paid by a Chase debit card.

“I already had my own bank account, but they didn’t allow me to use my own bank account,” Earley, 21, said Friday. “They said, ‘Get a card or you’re not getting paid.’”

Earley received a check for $10.50 from Chase on Thursday. She said that is a mere pittance of the fees such actually incurred, as she had to routinely pay fees for ATM withdrawals and balance inquiries.

It was a struggle, as she was only paid $7.25 an hour, she said.

move.”

The ayroll cards issued to local McDonald’s employees carried fees for nearly every type of transaction, according to Cefalo’s lawsuit, including a $1.50 charge for ATM withdrawals, $5 for over-the-counter cash withdrawals, $1 to check the balance, 75 cents per online bill payment and $10 per month if the card is left inactive for more than three months.

Cefalo noted there isn’t a Chase bank within 55 miles of Wilkes-Barre, and fees were inescapable. He thinks the decision by Chase to issue checks “bolsters our case.” Cefalo said at least 50 of the plaintiffs called him since Thursday, saying they received refunds from Chase, which ranged from one penny to $140. He told them not to cash the checks as the lawsuit plays out.

After Cefalo filed the lawsuit, it quickly gained national attention, including a front-page story in The New York Times and an investigation by federal officials. Soon after, the Muellers announced they were abandoning the pay practice and would give employees the choice of being paid by check, direct deposit or by payroll card. In September 2013, the director of the Consumer Financial Protection Bureau warned employers that paying workers exclusively with a debit card was not legal.

bkalinowski@citizensvoice.com, 570-821-2055

@cvbobkal

SCRANTON — City firefighters battled a large brush fire for more than three hours Friday night before they managed to extinguish it.

Amid dry conditions, fires ignited at three points in an undeveloped strip of land between Interstate 81 and Stafford Avenue, Assistant Chief Jeff White said.

Firefighters doused two of the blazes relatively easily, but the third was more difficult. It may have burned on a couple of acres of rocky, difficult terrain, Chief White said. Wind complicated matters.

No homes were threatened, and no one was injured, he said.

— KYLE WIND

MARRIAGE LICENSES

Zachary Allen Ziesemer and Kaily Elizabeth Flynn, both of Blakely.

Kristal Marie Virkitis and Leonard Andrew Vaughan, both of Carbondale.

Michael A. Lesh and Crystal R. Vosburg, both of Archbald.

Tara Man Shankar, Scranton, and Ganga Rasaily, Quebec, Canada.

PROPERTY TRANSACTIONS

Carlene M. Spitzer, Scranton, to Gaurav and Arzooben Patel; a property at Route 6, Apt. 1309, Scranton, for $78,500.

David M. and Catherine O. Wolf, Scranton, to Retno and John L. LaVolpe, Scranton; a property at 623 Hickory St., Scranton, for $45,000.

Michael J. and Lisa Kenny, Scranton, to Kristen A. Yarmey, Scranton; a property in Scranton, for $145,000.

Nancy Jeffers, individually and as administratrix of the estate of Kathryn Ferra Gordon, Lackawanna County; Joseph Gordon, Bucks County; Kathleen Yeo, Pike County; and Mary Alice Gordon, Dauphin County; to Rachel Tyrnauer, Monroe, N.Y.; a property at 837 Quincy Ave., Scranton, for $27,500.

James R. and Joan E. Snodgrass, Scott Twp., to Thomas Alan Jr. and Erin Butler Jackson; a property at 302 Rear Alice St., Olyphant, for $239,900.

Eugene Beckage to David A. and Olga Serafini; a property at 210 Agnes St., Olyphant, for $70,000.

Antoinette Santoli, administratrix of the estate of Marie Cipriani, Scranton, to Robert Morton, Scranton; a property at 1023 Prescott Ave., Scranton, for $29,000.

Nationstar Mortgage LLC, Coppell, Texas, to Greenwood Real Estate Company, Moosic; a property at 3271-3273 Pittston Ave., Scranton, for $39,000.

Kay Irene Lee, Coconut Creek, Fla., Lynnwood DeStefano, Scranton, and William and Louise Kearney, Scranton, to Donald Panebianco, New York City; a property at 220 Linden St., Scranton, for $52,500.

DIVORCES SOUGHT

Carlena Welby, Carbondale, v. Raymond Welby, Moosic; married May 27, 2000, in Scranton; Craig P. Kalinoski, attorney.

Alan Levine, Clarks Summit, v. Sarah VanBelle, Clarks Summit; married January 2001 in St. Maarten; Brian J. Cali, attorney.

DIVORCE DECREES

Michael J. Kenny v. Lisa A. Kenny

Ashley Tylutki v. Cory Seamans

Donna L. Parise v. Louis C. Parise

Timothy J. Remus v. Roxanne M. Remus

Sarah Facciponti v. Dominick Facciponti

Suprawit Temsamrit v. Malee Wongaree

Karen M. Harmer v. Robert T. Harmer

Ricky Pirrami v. Tammy Pirrami

Jennifer Barney v. Tina Rosencrance

ESTATES FILED

Olga Kobus, 340 N. Horatio Ave., Scranton, letters testamentary to Michael J. Hreben, 431 Hudson St., Moosic.

Mary Bunnell, 150 Adella Road, Clarks Summit, letters testamentary to John V. Bunnell, 7992 State Route 6, Meshoppen.

Leo E. Vough, 3309 Greenwood Ave., Moosic, letters testamentary to Rose Borgna, same address.

Irene M. Foley, 709 W. Grant St., Olyphant, letters testamentary to Richard W. and Dolores A. Whiteford, 220 Sweet Briar Road, P.O. Box 788, Pocono Pines.

Amerigo Casagrande, 802 Blakely St., Jessup, letters testamentary to Carol Howell, 100 Chapin Lane, North Abington Twp.

BENCH WARRANTS

The following bench warrants were issued by Judge Vito Geroulo for failure to appear on fines, costs and restitution:

James Karvan, 1707 N. Main Ave., Apt. 2B, Scranton; $622.

Edward Frank King, 10 W. Maple St., Stanford, Fla.; $1,914.50.

Richard Hallock, 2007 S. White Horse Pike, Apt. 18, Lindenwold, N.J.; $6,829.28.

Tara Lynn Hertzog, 24 N. Allen St., Nesquehoning; $1,739.50.

Jennifer Harrity, 1124 Luzerne St., Apt. 2, Scranton; $2,685.50.

Holly Hazelton, 315 Dolph St., Jessup; $773.19.

Lisa Magdelina Laverty, RR 1 Box 204 G, Forest City; $2,758.54.

Christine Kochjar, 1322½ Penn Ave., Apt. 2, Scranton; $1,213.50.

Osvaldo Gonzalez, 234 Putnam St., Scranton; $2,365.50.

Jason Hill, 47 Mushdahl Road, Ringgold; $650.

Trayon Kirby, 309 William St., Scranton; $639.50.

Michael Lasher, 1410 Locust St., Scranton; $1,636.50.

Brenda M. Kakareka, 231 Oak St., Dunmore; $2,551.50.

Joseph Patrick Lilly, 303½ E. Grove St., Kingston; $2,109.50.

Brian Joseph Kelly, 4290 Haas Pond Road, Madison Twp.; $2,392.

ARDS

The following were admitted to the Accelerated Rehabilitative Disposition program for driving under the influence:

Anibal Diaz, 27, Scranton, stopped Aug. 23 by Dunmore police.

Jeffrey Liskosky, 35, Pittston, stopped June 29 by Old Forge police.

Michael Schild, 24, Olyphant, stopped Aug. 11 by Dunmore police.

Alita Ann Frisbie, 41, Carbondale, stopped Nov. 29 by state police.

Neil Moss, 52, Scranton, stopped Nov. 11 by Scranton police.

Shawn M. Eiffert, 25, Wilkes-Barre, stopped Feb. 23, 2014, by Taylor police.

Jason Pietreface, 41, Jefferson Twp., stopped Oct. 29 by state police.

Michael A. Lach, 54, Olyphant, stopped Jan. 10 by Olyphant police.

Roberto Figueroa, 23, Gouldsboro, stopped July 5 by state police.

Christine Shell, 52, Scranton, stopped May 14, 2014, by Scranton police.

The following defendants were admitted to the ARD program for other crimes:

Tobitha Brandil Mozisek, 25, Wilkes-Barre, arrested May 8, 2014, by state police for possession of marijuana and criminal solicitation.

Kyle Seth Gillette, 19, Scranton, arrested Nov. 20 by Scranton police for furnishing drug-free urine.

Sandra Ochwat, 56, Roaring Brook Twp., arrested March 1, 2014, by Roaring Brook Twp. police for theft.

ONLINE:

thetimes-tribune.com/courts

Carbondale Area rethinking shift

CARBONDALE — Carbondale Area school administrators and directors are “back to the drawing board” to figure out ways to maximize space in the district’s elementary center, according to an online statement.

Directors proposed moving the sixth-grade classes to the high school building, but because of “little support,” the board “has no intention” of making the change, the release said. During a May 12 work session, parents expressed concerns about the move. The board said their questions would be answered in an online document that is also available at the district office.

To read the responses, visit bit.ly/1PCb3eY.

— KATHLEEN BOLUS

Teachers strike

in Tunkhannock

TUNKHANNOCK — Several hundred Tunkhannock Area teachers hit the picket line Friday morning, one day after the school board voted to reject a teachers contract.

Carrying placards and sandwich boards, the teachers marched around a block of downtown Tunkhannock that surrounds the school district’s central administration building.

Teachers’ representative Craig Keiser said he was disappointed that the board did not ratify an agreement they had counted on. He added that he preferred to be in the classroom.

School board President Phil Farr said the state Department of Education made a determination Friday afternoon that the union would not have any more strike days left this year if they wanted the school year to end by mid-June.

Students and teachers will return to the classroom Tuesday.

— ROBERT L. BAKER

Accused dealer

arrested again

HONESDALE — Police again arrested a Lake Twp. man who was already awaiting sentencing after pleading guilty to possession of a controlled substance with intent to deliver, Wayne County District Attorney Janine Edwards announced Friday.

The plea was related to an incident from November when authorities said 49-year-old David R. Evarts had 265 prescription pills and methamphetamine.

The Wayne County Drug Task Force and state troopers visited his home on May 19 looking for a fugitive and saw, among other items, an unmarked pill bottle containing 87 pills. Mr. Evarts admitted he did not have a prescription for it, the district attorney’s office said.

The next day, police returned with an arrest warrant with new charges, but he fled. Police found him hiding at his mother’s home Thursday.

With the search warrants, officers found about 170 prescription pills, cocaine, 6.2 grams of crystal methamphetamine, drug paraphernalia and a rifle, which he is not allowed to have because he is a convicted felon.

Mr. Evarts was arraigned and sent to Wayne County Correctional Facility in lieu of $200,000 bail related to the series of new charges. The jail would not confirm if he was still there Friday night.

— STAFF REPORT

A state appellate court has upheld a $2 million-plus verdict in favor of a Blakely couple who were delayed in constructing a housing project because of a title insurance company.

Richard and Maria Davis filed suit in December 2010 against Fidelity National Title Insurance Co. in connection with a claim they made relating to a 1.86-acre parcel in Carbondale Twp.

The lawsuit, filed by attorney Carl Guagliardo of Kingston, said the Davises purchased 15 acres in 2004 with the intent of building a housing subdivision. In 2007, the couple sought a zoning hearing on the plan, and learned for the first time that a neighbor claimed to own 1.86 acres of the 15-acre parcel.

Fidelity conducted an investigation and, in 2009, acknowledged there was a defect in the title and promised to resolve the matter. Despite that assurance, it was not until August 2012 that the issue was resolved.

The Davises’ suit alleged the problems with the title delayed their plan to build 12 town homes on the disputed portion of the land, which cost them income. Lackawanna County Judge Carmen Minora held a nonjury trial and in August 2013 ruled in the Davises’ favor.

The judge ordered Fidelity to pay the Davises $489,837 in compensatory damages, interest and attorneys’ fees and $1,572,909 in punitive damages, for a total of $2,062,746.

Fidelity appealed the ruling to the state Superior Court, arguing there was insufficient evidence to support the compensatory damages, which were based mostly on lost income caused by the building delay. It also argued the punitive damages were excessive.

The Superior Court in March rejected the arguments. The court found the lost-income projection, which was based on a report by a real estate expert, was reasonable. The court also found that the punitive damages award was warranted given the length of time it took to resolve the matter.

Attorneys for Fidelity in April asked the court to hear a reargument. No ruling has been issued on that request.

Contact the writer:

tbesecker@timesshamrock.com

A Scranton man awaiting trial for fleeing to avoid a federal prison sentence will be permitted to call a prosecutor, an FBI agent and other law enforcement officials as defense witnesses at his trial, a federal judge ruled.

Senior U.S. District Judge A. Richard Caputo ordered Assistant U.S. Attorney Gordon Zubrod, FBI Special Agent April Phillips and former FBI agent Kevin Wevodau to appear at the trial of Joseph Donahue, which is scheduled to begin June 1.

Mr. Donahue was charged with failing to surrender on Jan. 4, 2011, to begin serving a 121-month prison sentence imposed for his October 2010 conviction for bank fraud. He was captured in New Mexico 16 days later. He is also charged with unlawful transport of a firearm based on a handgun that was found in his vehicle after his capture.

Mr. Donahue’s attorney, William Ruzzo, filed a motion seeking to subpoena various federal authorities who had knowledge of an incident involving Michael Baumgartner, an FBI agent who was suspected of providing false testimony at Mr. Donahue’s fraud trial.

Mr. Ruzzo argued the officials could provide information that is crucial to Mr. Donahue’s defense theory, which is that he fled because he feared for his safety since he believed prosecutors had a vendetta against him. He also alleges that vendetta led authorities to plant a handgun in his car.

The perjury allegation against Agent Baumgartner is based on his response when Mr. Zubrod asked him at the 2010 trial if he told Mr. Donahue “Gordon Zubrod said to say hello” during an interview. Agent Baumgartner, who now works for the FBI office in Philadelphia, testified he did not recall making the statement, but another agent contradicted his testimony.

Judge Caputo said that although he believes Mr. Donahue’s claim that the incident shows the government holds ill will toward him is tenuous, he would allow him to present it at the upcoming trial.

Mr. Donahue previously raised the perjury issue in his attempt to overturn his 2010 conviction. A federal appellate court said even if Agent Baumgartner perjured himself, it did not warrant granting Mr. Donahue a new trial as it would not have changed the outcome of the trial given the strength of other evidence.

In the latest order, Judge Caputo said he would limit the inquiries the defense can make regarding the perjury issue, cautioning that he will not allow Mr. Donahue to use this current case to re-litigate his guilt in the 2010 case.

The judge approved subpoenas for Mr. Wevodau, who now works as a special agent for the state attorney general’s office, Mr. Zubrod, Ms. Phillips and Deputy U.S. Marshal Chris Kane. He denied Mr. Donahue’s motion to subpoena U.S. Attorney Peter J. Smith and U.S. Marshal Martin Pane.

In a related matter, Mr. Ruzzo on Thursday requested to subpoena Agent Baumgartner for the trial. Judge Caputo has not ruled on that request yet.

Contact the writer:

tbesecker@timesshamrock.com

Jessup police Officer Bob Bastek, above, investigates a two-car head-on collision that sent two people to the hospital on Friday morning. A Subaru sedan crossed into the oncoming lane on the 900 block of Constitution Avenue and struck a Honda SUV around 11:13 a.m., Police Chief Joseph Walsh said. The identities of both drivers were not available Friday. The driver of the Subaru suffered a head injury and the driver of the Honda had minor injuries, Chief Walsh said. Police measured a 125-foot skid mark from the Subaru. The crash remains under investigation. At right, Officer Bob Bastek, left, and Jessup police Officer Bob Burta work together to investigate the crash.

Don’t count out Pike County District Attorney Raymond J. Tonkin just yet.

A tally Friday of write-in votes cast in the primary election handed Mr. Tonkin the Democratic nomination for district attorney. If he accepts the nomination, it will set up a rematch with Republican rival Kelly A. Gaughan in the Nov. 3 general election.

The official canvass of Tuesday’s balloting showed Mr. Tonkin received 465 write-in votes on the Democratic side, the county elections office reported. That is well in excess of the 100 write-ins the two-term Republican incumbent from Palmyra Twp. needed to secure a spot on the November ballot.

Efforts to reach Mr. Tonkin, who has the option of declining the nomination, were unsuccessful Friday.

Mrs. Gaughan, a Milford Twp. lawyer who has criminal defense experience but has never prosecuted a case, defeated Mr. Tonkin by 192 votes Tuesday to win the GOP nomination. Unofficial returns showed Mrs. Kelly with 2,166 votes to 1,974 for Mr. Tonkin.

Mrs. Gaughan said the development will not change what she is doing.

“At this point, I will continue to spread my message and move ahead as appropriate. ... I have a zero tolerance for child abuse. I think we need to come down strong on all the tough crimes we have in Pike County,” she said.

A rematch between the primary foes would play out against the looming capital murder case against Eric Matthew Frein.

Mr. Frein, 32, of Canadensis, is charged in the Sept. 12 ambush outside the Blooming Grove state police barracks that killed Cpl. Bryon K. Dickson II of Dunmore and wounded Trooper Alex T. Douglass of Olyphant. Mr. Frein’s trial is not expected to take place until 2016.

Contact the writer:

dsingleton@timesshamrock.com

A 55-year-old Texas Twp. woman stole three credit cards from a co-worker’s jacket last month at Northeast Eye Institute and racked up more than $1,100 in debt, Scranton police said.

Debra Alvarez, 1173 Delaware St., White Mills, admitted she used Joseph Cola’s cards, when Detective Jeffrey Jones confronted her, according to an affidavit the detective filed Thursday.

“At the moment, I became greedy and selfish, even though it was wrong,” Ms. Alvarez said, police said.

She is charged with fraudulently using a credit card, theft by unlawful taking and receiving stolen property. It was not clear Friday if she had an attorney.

Mr. Cola, an optician, told police on May 1 that his Bank of America and PNC Bank credit cards had been stolen and used. The thief also stole his Kohl’s credit card but did not use it. Mr. Cola believed the thief was a co-worker, since the cards were stolen from the jacket he hung in an employee restroom, police said.

Detective Jones reviewed 21 fraudulent transactions and pulled pictures of a woman using the card at a Wegmans on May 13. He took the photos to Mr. Cola and NEI administrator Noreen Burke, who positively identified Ms. Alvarez.

Ms. Alvarez was released after arraignment Thursday on $5,000 unsecured bail. A preliminary hearing is scheduled for Friday.

Contact the writer:

jkohut@timesshamrock.com,

@jkohutTT on Twitter

HARRISBURG — Scranton and Chester face such dire pension problems they may need additional help beyond what a potential statewide solution for mounting municipal pension debt offers, the state’s top fiscal watchdog said Friday.

Auditor General Eugene DePasquale discussed finding a “separate fix” to bring solvency to both cities’ pensions funds for police and firefighters during a speech at a forum sponsored by the Pennsylvania Association of Public Employee Retirement Systems.

Mr. DePasquale’s remarks bear weight since he was named last week to head a new gubernatorial task force on finding ways to rein in $7 billion in municipal pension debt. He said the four-member task force hopes to have recommendations ready to send to Gov. Tom Wolf early next month.

Mr. DePasquale told a questioner that the task force is not considering a straight bailout for the hundreds of distressed municipal pension funds in cities like Scranton and Chester and in smaller municipalities.

Based on his agency’s audits, Mr. DePasquale has issued repeated warnings that Scranton will go bankrupt in two years if its pension debt is not addressed.

He said the members agree that any financial aid to cities be linked to their moving to bring solvency to their pension plans and not increasing pension debt.

“We are not going to advocate more financial aid for cities not doing the right thing,” said Mr. DePasquale.

By working to have recommendations ready by early June, the task force hopes to give Mr. Wolf room to offer proposals that can be considered by lawmakers in tandem with the final state budget debate starting later that month, said Mr. DePasquale.

“We need to at least create the environment where it could happen,” he said.

The task force is discussing ideas with police and firefighter unions, mayors, local government associations and financial managers.

Mr. Wolf suggested the task force consider requiring municipalities with distressed plans not to enhance benefits for current or future employees and allowing municipalities to issue bonds to pay down pension debt and to obtain revenue from leasing public sewer and water systems.

Several House Republican lawmakers have sponsored legislation to put future paid police and fire employees into a cash-balance pension plan, combining elements of the traditional defined benefit plan and the defined contribution plan, similar to 401(k) investments.

Mr. DePasquale said any solution must be fair to retirees, current employees and future ones.

“It’s entirely unfair to expect the new workers coming into the system to bear all the brunt of this,” he said.

Failure to tackle municipal pension debt will jeopardize efforts to keep communities safe, Mr. DePasquale told the forum.

“If we don’t deal with the issue, we are talking about massive layoffs to public safety or massive tax increases,” he said.

Contact the writer: rswift@timesshamrock.com