User: ljones Time: 04-18-2012 21:36 Product: Times_Leader PubDate: 04-19-2012 Zone: Main Edition: Main_Run PageName: local_01 PageNo: 3 A
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WILKES-BARRE
Rosenn speaker cancels Wilkes University has announced that due to an unforeseen emergency, Newark, N.J., Mayor Cory Booker has canceled his appearBooker ance at the 2012 Max Rosenn Lecture Series in Law and Humanities for Sunday. Both the 4:30 p.m. reception/ dinner preceding the lecture and the 7:30 p.m. lecture are canceled. The university is working with Booker’s office to reschedule the lecture during the 2012-13 academic year. For more information, contact 408-4306. KINGSTON
Street change hearing set Plans to permanently close part of Sprague Avenue and open West Hoyt Street to two directions of travel are moving forward. A public hearing on the plan, which will be financed by Wyoming Seminary, was held Monday. Municipal Manager Paul Keating said council will review and move to approve by resolution a contract submitted by the private school at its May 7 meeting at the Kingston Municipal Building. If the action is approved by resolution, council would then draft an ordinance to close and vacate the section of road at subsequent meetings, Keating said. The plan, according to the municipality, entails closing part of Sprague Avenue between West Hoyt Street and Market Street with a gate or other barricade that could be removed to allow emergency vehicle access. The road would remain in place and sidewalks would not be obstructed. A new traffic light would also be installed at the intersection of Wyoming Avenue and West Hoyt Street, and two stop signs would be added at the intersection of West Hoyt Street and Sprague Avenue. Wyoming Seminary will pay for those additions, Keating said, which would open West Hoyt, now a oneway, to two directions of travel between Wyoming Avenue and West Maple Street. PLYMOUTH
Academy Days in May U.S. Reps. Lou Barletta, R-Hazleton, and Tom Marino, R-Lycoming Township, will host a U.S. Service Academy Day 11 a.m. to 2 p.m. May 5 at Wyoming Valley West High School. Barletta will host another Academy Day on May 22, 4 to 7 p.m. at Bloomsburg Area High School. Barletta The events are designed to provide information about the opportunities offered by the five U.S. Service Academies. The Wyoming Marino Valley West session is open to students in either the 11th or 10th congressional districts and their families and friends. The Bloomsburg event is open to students in the 11th District and their families and friends.
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THURSDAY, APRIL 19, 2012 PAGE 3A
LOCAL
It’s not a drought, but …
LOW STREAMFLOW IN NEPA
The Earth Conservancy’s Espy Run Wetlands Enhancement Project in Luzerne County is among 17 environmental projects in the state that will receive a 2012 Environmental Excellence Award. Gov. Tom Corbett Wednesday announced the winning projects. The Earth Conservancy’s project is the only award winner in Northeastern Pennsylvania. “These businesses, schools and organizations have demonstrated a commitment to reducing our impact on the environment, and I commend them for their efforts,” Corbett said. The winning projects include those focused on abandoned mine reclamation, alternative energy, energy management and the creation of a public compressed natural gas refueling station.
Wayne
Some streams at historic low levels
man for the Susquehanna River Basin Commission, said that’s 75 to 80 percent below average for this time of year, and that tributary flows have been 50 to 65 percent below average. In many areas of Luzerne County, stream gauges have recorded historic daily lows for flow, according to the U.S. Geological Survey. The low flows are a result of three conditions: a light snowmelt, a warmer-than-average spring and little rainfall in re-
By MATT HUGHES mhughes@timesleader.com
INSIDE: Some rain is in our future, Page 10B
That snow-less winter doesn’t seem so nice anymore. The lack of a melting snow pack this spring is one factor that has officials concerned about a potential drought across Pennsylvania. No drought declarations have been issued by the state this spring, but many areas already are enduring drought-like conditions, according to measures such as daily stream flow. The state Drought Task Force, which includes represen-
tatives from the Department of Environmental Protection, Pennsylvania Emergency Management Agency and the National Weather Service, will take up the issue at an April 25 meeting. The Susquehanna River was at 1.6 feet in Wilkes-Barre on Wednesday and was predicted to continue dropping into Saturday, according to river gauge data. Susan Obleski, spokeswo- See DROUGHT, Page 7A
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Wyoming Sullivan
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Extreme hydrological drought: Daily streamflow at historical lows Source: U.S. Geological Survey WaterWatch
Five candidates chasing GOP nomination for chance to run against Casey
Severe hydrological drought: Daily streamflow in bottom 5 percentile of past measurements Mark Guydish/The Times Leader
Sterling demolition discussed
Funding for project is topic for Luzerne County officials, leaders. By JENNIFER LEARN-ANDES jandes@timesleader.com
AIMEE DILGER/THE TIMES LEADER
Steven Welch, seeking the GOP nod for a U.S. Senate run, speaks at a press conference Wednesday in Wilkes-Barre.
Welch touts business sense THE GOP FIELD
By ANDREW M. SEDER aseder@timesleader.com
WILKES-BARRE – During a press conference in the city Wednesday, U.S. Senate candidate Steve Welch said he’s the candidate who knows what it’s like to start and run a small business, and if elected, he’ll use that knowledge to change the tax code and make things better for American workers. “We need people in Washington that understand the economy from the ground up,” said Welch, 35, from Charlestown Township, Chester County. He’s one of five Republicans fighting to secure the party’s nomination for the chance to challenge Sen. Bob Casey in November. A Penn State University graduate who earned a degree in mechanical engineering, he has started two successful businesses and became a millionaire. But angered at the way the Republican Party was acting in Washington, he switched political parties in 2005. In 2008, he voted for Barack Obama in the Democratic primary. But very quickly, he noted, he became dissatisfied with his new party. So he came back into the
2012
The Republican candidates Welch faces are ELECTION Sam Rohrer, of Robeson Township, Berks County; Marc Scaringi, of Camp Hill, Cumberland County; David Christian, of Washington Crossing, Bucks County, and Tom Smith, of Plum Creek Township, Armstrong County.
GOP and began supporting Republican candidates. He said he voted for Republican John McCain in the 2008 general election. And now the one-time Democrat is facing a tough fight from Tom Smith, a lifelong Democrat until he switched parties last year. Welch focused his attacks on Smith during a short speech Wednesday, highlighting Smith’s past life as a Democrat who sat on a township board of supervisors that voted to raise taxes. Calling him “Taxin’ Tom,” Welch said he’s outraged that Smith has spent a fortune earned from the sale of his family’s coal company on advertisements attack-
ing him and other candidates. “Tom Smith has spent millions of dollars misrepresenting himself,” Welch said. A new round of Smith ads began Wednesday blasting Welch as a “liberal.” “Voters aren’t falling for liberal Steve Welch’s negative attacks on lifelong conservative Tom Smith,” said Jim Conroy, Smith’s campaign manager. “The truth is that Tom Smith has supported conservative candidates and causes for decades, while Steve Welch was voting for Barack Obama and raising money for ultra-liberal Joe Sestak.” Terry Casey, the Luzerne County Republican Party chairman, introduced Welch and said he believes Welch’s sentiments to be sincere. But he acknowledged that Welch’s background of voting for Obama and supporting some Democratic candidates, including former Congressman Sestak, could raise doubts in voters’ minds. “I would have preferred that he didn’t get involved in that,” Casey said, but added that he still believes Welch is the most dynamic candidate he has seen in a while.
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Wetlands project lauded
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WBA assistant solicitor’s bills rose substantially By MARK GUYDISH mguydish@timesleader.com
WILKES-BARRE -- In the wake of skyrocketing WilkesBarre Area School District payments to former Solicitor Anthony Lupas, bills from Assistant Solicitor Ray Wendolowski have also come under scrutiny. A Times Leader review shows Wendolowski’s bill totals rose substantially in the past six years, reaching over $200,000 in 2011. In percentage terms, Wendolowski was paid 99 percent more in 2011 than his $106,568 in 2008. In the same time period, Lupas’ billing jumped nearly six-fold. Lupas stepped down as district solicitor this year amid al-
WB AREA LEGAL BILLS Assistant Solicitor Ray Wendolowski Solicitor Anthony Lupas $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0
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Mark Guydish/The Times Leader
legations he bilked millions of dollars in an investment scheme. Those allegations are unrelated to board work, but federal agents have sought copies of his district bills. A Times Leader review showed annual bill totals from Lupas hovered around
$55,000 from 2006 through 2008, then climbed dramatically, hitting $328,956 in 2011. Shortly after that review, the board voted for a forensic audit of his bills. At the March meeting, board member Christine Katsock moved to freeze all payments to Wendolowski, but the motion failed. At the April meeting, board member Louis Elmy questioned a $22,000 payment for one month’s work. Wendolowski rigorously defended his billing, insisting copies of bills are available as long as confidential information is redacted. A Times Leader review of some bills showed Wendolowski pro-
vides much more detail than Lupas. Wendolowski has asked the board for a forensic audit of his bills, confident it will show he billed fairly. His bill totals were much higher than Lupas’ in 2006 through 2008 – declining from $137,778 in 2006, then climbing only slightly to $114, 886 in 2009. Wendolowski’s bills did grow in 2010 and 2011, to $196,563 and $212,013 respectively. District Superintendent Jeff Namey said the board opted for more rigorous legal review of contracts after three board members pleaded guilty to corruption charges in 2009, increasing the workload.
Luzerne County officials held a brainstorming session with government and community leaders at the county courthouse Wednesday to discuss options to fund the Hotel Sterling demolition. County council members decided to set up the meeting last week when they voted against using up to $1.5 million in county community development business loan funds to demolish the downtown Wilkes-Barre structure. The building’s nonprofit owner, CityVest, spent $6 million in county business loan funds on the project and is out of money. All council members were informed of the meeting, but it was not public because a quorum of six did not attend. Wilkes-Barre Mayor Tom Leighton and members of his administration were at the meeting along with representatives of the Luzerne Foundation, King’s College and Wilkes University, county officials said. State Rep. Eddie Day Pashinski, DWilkes-Barre, also attended along with representatives for U.S. Sen. Patrick J. Toomey, R-Zionsville, U.S. Sen. Robert Casey Jr., D-Scranton, and state Sen. John T. Yudichak, DPlymouth Township, county officials said. Pashinski said all funding resources must be explored. “You just can’t turn a blind eye to the Sterling. It has to be mitigated. We’re looking at a dangerous situation, one that will not go away,” he said. County Councilman Rick Williams said everyone at the one-hour meeting agreed the Sterling must come down and expressed a willingness to investigate funding possibilities. “I’m very hopeful. I think we as a community need to come together to solve this problem,” Williams said. County Manager Robert Lawton said a combination of public and private funding will be needed. No money was volunteered Wednesday. “Discussions are very preliminary. We got the right people in the room talking to each other about the issue,” he said. Lawton had advised council to halt funding, saying he doesn’t want to turn down future loans for viable economic development projects because the demolition drained $1.5 million from the loan fund. Wilkes-Barre would be on the hook for the demolition if the building is deemed a public safety threat because the city condemned the property at the corner of River and Market streets. Leighton has said the city doesn’t have $1.5 million available and would have difficulty borrowing it. CityVest spent most of the $6 million county loan buying adjacent property, tearing down an attached high-rise and removing hazardous material from the original 114-yearold former hotel structure.
User: rstouch Time: 08-05-2012 23:48 Product: Times_Leader PubDate: 08-06-2012 Zone: Main Edition: Main_Run PageName: news_f PageNo: 1 A
Victory on a rainy raceway
Gunman opens fire, kills 6 in Milwaukee Sikh temple
Jeff Gordon records first victory of the season
NATION/WORLD, 5A
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WILKES-BARRE, PA
2012 LONDON OLYMPICS
50¢
Lightning kills 1, hurts 9 at race Multiple bolts hit at Pocono Raceway as fans stream out. By ANDREW M. SEDER aseder@timesleader.com
USAIN BOLT SETS RECORD Ever the showman, Jamaican Usain Bolt kept right on running after winning the 100-meter run in Olympic record time for a victory lap that included high-fives for front-row fans, a pause to crouch down and kiss the track and even a somersault. Thousands in the crowd chanted the champion’s name: "Usain! Usain! Usain!"
MONDAY, AUGUST 6, 2012
LONG POND – What was a happy day for winning NASCAR driver Jeff Gordon and his fans turned into a nightmare at Pocono Raceway after one person was killed and nine others injured by lightning strikes Sun-
day afternoon just after the Pennsylvania 400 was called early because of storms. As race cars were being covered and fans were trying to get away from the torrential downpours, multiple lightning bolts struck, two of them injuring 10 fans. One was later pronounced dead on arrival at Pocono Medical Center in East Stroudsburg. One of the injury-inducing strikes occurred in the parking
lot behind the grandstands and the other was near gate No. 3, track spokesman Bob Pleban said. Pleban said four of those injured were transported to Pocono Medical Center. Two had minor injuries, one had moderate injuries, and the fourth had critical injuries and eventually died. An emotional track President Brandon Igdalsky, who also expressed his condolences for the
victims, made the announcement of the fatality at about 7:45 p.m. “Unfortunately, a member of our raceway family here, a fan, has passed away,” he said. Two other race attendees were taken to Geisinger Wyoming Valley Medical Center in Plains Township, one with moderate injuries and the other with minor injuries. Three more were taken to Lehigh Valley Hospital
Center-Cedar Crest in Salisbury Township, near Allentown. A tenth person was taken to Lehigh Valley Hospital in Allentown and was in critical condition, Pleban said. The storm, which anyone who had access to any weather website knew was on its way for at least 30 minutes, arrived at about 4:40 p.m., causing NASSee LIGHTNING, Page 8A
Legal fees go beyond retainers
MAN WHO OVERCAME DISASTER COMPETES AGAIN
W-B Area’s inclusive solicitor deal may work – if no other lawyers used. Misty May-Treanor and Kerri Walsh Jennings beat Italians Marta Menegatti and Greta Cicolari 21-13, 21-13 in women’s beach volleyball quarterfinals. On Tuesday they will play China’s Xue Chen and Zhang Xi, which beat Austrian sisters Stefanie and Doris Schwaiger 21-18, 21-11. The Chinese pair has beaten Walsh Jennings and MayTreanor three consecutive times.
By MARK GUYDISH mguydish@timesleader.com
CHARLOTTE BARTIZEK/FOR THE TIMES LEADER
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evin Augustine, Trucksville, starts the biking portion of the Wilkes-Barre Triathlon on Sunday. Thirteen years ago, Augustine was paralyzed for two months, underwent cervical spinal fusion surgery so he could walk again and spent years rehabbing. On Sunday, Augustine finished second in the Aquabike division, for athletes who have suffered injuries that does not include the run. For event coverage, see Page 1B.
TV SCHEDULE NBC Gymnastics - Individual Event Gold Medal Finals: Men’s Still Rings, Men’s Vault and Women’s Uneven Bars; Track and Field - Gold Medal Finals: Men’s 400M, Men’s 400M Hurdles and Women’s Pole Vault; Beach Volleyball Quarterfinal; Men’s Diving Springboard Qualifying, 8 p.m.-Midnight Track and Field - Gold Medal Finals; Cycling - Track Events, 12:35 p.m.-1:35 a.m.
LONDON 2012 OLYMPICS
Medal count as of Aug. 5 COUNTRY
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China
30 17 14
TOT 61
United States 28 14 18
60
Britain
37
16 11 10
South Korea 10
4
6
20
France
8
8
9
25
Italy
6
5
3
14
Kazakhstan
6
0
0
6
Germany
5 10
7
22
Russia
4 16 15
35
Hungary
4
1
3
8
North Korea
4
0
1
5
Netherlands
3
1
4
8
Truckin’ for 35 years, 286,726 miles Mercedes-Benz truck has served Swoyersville business since 1977.
By MARY THERESE BIEBEL mbiebel@timesleader.com
Conrad Baut put the truck in a shallow ditch, denting a fender and causing his sister Karen to tumble from the truck’s berth, down on top of him and another brother, Gerhard. “Oh, what’s Dad going to say?” Conrad Baut remembers worrying. “I’m the first one to christen his truck.” When the trio of siblings reached a pay phone, they realized their father’s first concern was that no one was hurt. His second question was whether the
One dark night during an ice storm, a young man drove his father’s relatively new Mercedes-Benz truck and a load of glass from West Virginia up a steep hairpin curve in the George Washington National Forest. He was traveling only about 8 mph, See TRUCK, Page 8A but the road was slick.
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THINGS YOU NEED TO KNOW THIS WEEK
>> WRAP RAGE: Packaging scientists call them “plastic
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blister packs” and “clamshells.” Consumers call, them … Well, we can’t print what consumers call them – unless we do it this way: “@#$&%@!” You know the feeling. You buy a cool, new gizmo, and before you can enjoy it, you have to go through the frustration of prying it loose from its impossible casing. Someone out there feels your pain, and has created a day just for you. It’s “Particularly Preposterous Packaging Day,” and it’s this Tuesday. Don’t really know how to celebrate it. Maybe open up a bunch of childproof caps and yell, “Ah ha!”
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A NEWS Obituaries Nation/World Editorials
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H AV E S O M E T H I N G O L D ?
The Baut family’s truck has been in use since 1977. If you still make use of a vintage item and would like to share the story with our readers, contact Mary Therese Biebel at 570-829-7283 or mbiebel@timesleader.com. It doesn’t have to be a truck. Perhaps you’re still using Grandmom’s handcranked meat grinder or the kids are playing with classic FisherPrice toys from a generation or two ago.
give us a battle for the state of Pennsylvania. A figurative battle for Pennsylvania, that is. There was a real battle for the state once. It was 149 years ago in Gettysburg, but that’s neither here nor there. The Eagles and Steelers have a regular season date set for Oct. 7 in the Steel City. That one will count. The teams also play a meaningless game this Thursday in Philly. You can check that out at 7:30 p.m. on FOX 56.
>> LIPCHITZ. HERB LIPCHITZ: Ever
notice that in movies, spies have cool-sounding names? James Bond. Ethan Hunt. Jason Bourne. No one ever names the spy Herb Lipchitz. Or Melvin Corpuscle. Sadly, the producers of the “Bourne” films have squandered a chance to break the dorky name barrier. Their new film “The Bourne Legacy,” introduces us to Aaron Cross, a spy with another typical spy name who does typical spy things like going rogue and killing bad guys in nifty ways. The action flick will be in theaters this Friday.
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When Wilkes-Barre Area School Board voted to pay attorney Ray Wendolowski $195,000 as solicitor for one year, critics balked,citingfarlowersolicitorratesinother school districts. But a review of total legal fees spent in area districts in the 2011-12 school year shows that the deal with Wendolowski is not that faroutofline–ifthedistrictavoidsbringing in other attorneys. Wendolowski inked a two-page agreement with the school board promising to represent the district “on all legal matters” except reverse tax appeals – cases in Wendolowski which the district argues a property assessment is toolow.Wendolowskiwoulddothosecases onacontingencyfeebasis,beingpaidonlyif the appeal is successful. The $195,000 also covers photocopies, long-distance phone calls, postage, paralegal help, travel and lodging expenses. The agreement promises no work will be delegated to other attorneys without board approval, and there is no limit on the hours the money pays for, though Wendolowski will provide bills detailing hourly work. While Wendolowski’s new agreement is by far the most costly for a solicitor in Luzerne County school districts, it may be the most comprehensive. Crestwood’s agreement with solicitor Jack Dean is one paraSee SOLICITOR, Page 8A
>> THE MOUNTAIN’S A ROCKIN’: Montage Mountain has played host to a couple of head-banging, amp-blowing music acts the last few weeks. With the Vans Warped Tour and the Mayhem Festival eating the mountain’s soul. Now, it’s time for a little down-home, good ol’ boy Southern rock with The Allman Brothers Band. The legendary rockers will be presenting the First Annual Peach Music Festival beginning this Friday and running until Sunday. There’ll be lots of acts, lots of stages and lots of good music.
>> LET THE GAMES END: Mathematicians
have calculated that by the time the 2012 London Olympics are over, there will be 900 medals awarded, 300 national anthems played, 34,456 inconsequential tweets from athletes, and 567,987 TV shots of Michael Phelps’ mother in the stands. Alas, the inevitable end to the 2012 Games will be here this Sunday. Closing ceremonies are set for 8 p.m. (our time) and will be on NBC. Next Summer Games: Rio de Janeiro in 2016.
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TRUCK Continued from Page 1A
BILL TARUTIS/FOR THE TIMES LEADER
’Man in the Box’ cast members Ryan Nage of Taylor, left, Jody Cain of Kingston, Nyce of Wilkes-Barre, and Rudolph Goodwin of Wilkes-Barre, practice a scene Sunday.
’Man in the Box’ cast members Nyce, left, Rudolph Goodwin, both of Wilkes-Barre, and Corey Klinefelter of Forty Fort review their lines on their cellphones on Sunday.
DAVIS Continued from Page 3A
niverse on North Franklin Street in Wilkes-Barre, reflect Davis’ spirit of commitment to the project and the principles that guide it. Although volunteers, the actors show a great deal of enthusiasm in regard to the production. Davis said the project is not about making money but rather about feeling fulfilled and happy. He said he has always sought in all his work to help people, and the film is an offshoot of that
LIGHTNING Continued from Page 1A
CAR officials to throw a yellow caution flag and eventually call the race on lap 98, 62 laps shy of the advertised total of 160. Heavy rains and winds pounded the track as darkness closed in.. Lightning strikes were plentiful and thunder rolled over the Pocono Mountains as the storm moved from west to east. The track public address announcer asked fans to exit the metal grandstands because of the lightning but only after the race ended. As driver Kasey Kahne spoke to media in a post-race press conference, word began to spread among journalists that a lightning strike at the track had caused injuries. Shortly after Kahne left the center, Pleban confirmed that two people were struck by lightning and were taken to a local hospital. Later he said a third fan was also struck but was treated and evaluated by on-site emergency personnel and released. An hour later the number of those injured grew to 10. Despite the congested traffic leaving the venue, continued heavy rain and lightning prevented the use of a helicopter to transport the victims. At 4:21 p.m., about 30 minutes before the race was officially called, Pocono Raceway issued the following warning on its Twitter and Facebook accounts: “ATTENTION FANS: Severe thunderstorms are in the area which will produce high winds and lightning. Should arrive in 10-15 mins.” At 4:59 p.m., the following message was posted on the track’s Twitter and Facebook pages: “ATTENTION FANS: Be advised, seek shelter as severe lightning and heavy winds are in our area.” At 5:50 p.m., Igdalsky tweeted: “Hoping for the safety of all
desire to touch people’s lives. Filming is set to begin Saturday in Wilkes-Barre, Kingston and Scranton, further emphasizing Davis’ love for the Wyoming Valley. Filming sites include St. Stephen’s Church on South Franklin Street and Kirby Park. Davis said that upon the film’s completion he hopes to enter it in several festivals. He also is not adverse to his production ending up on “the big screen.” He believes the completed film will be of such high quality that it will be appropriate for commercial audiences. Davis welcomes volunteers and any area restaurants that might donate food to help feed his starving artists.
the fans that are leaving in this crazy storm. Please seek shelter as there is a lot of cloud 2 ground lightning.” Race winner Gordon said he felt for the injured fans and said he believed he knew exactly which bolts caused the damage. “There was a huge, huge crack of lightning; you could tell it was very close,” he said after he won his first race of the season and record sixth all time at Pocono. “The fans here are so loyal and so avid, they stick around,” he said. “It’s so unfortunate. You hate to hear something like that.” Pleban, calling the incident “a very fluid situation,” said he could not release information on the victims because family members “have not been sufficiently contacted” as of Sunday night. He said more information might be available today, and the track would release whatever it learns. A supervisor at Pocono Medical Center said she could not comment Sunday night. Sporting News motor sports reporter Bob Pockrass reported that Kyle Manger, a fan from New Jersey, said he saw people hit by the lightning near the Turn 3 grandstands. “Me and my friend just ran into our truck during all the nasty weather,” Manger told the publication. “The visibility was very poor and all of a sudden (I) saw a bolt of lightning right in front of our windshield. “When it became a little more visible, we saw two bodies next to a destroyed tent with people scrambling.” Manger said the lightning strike occurred about five to 10 minutes after the race was called. Multiple NASCAR drivers, fans and U.S. Sen. Pat Toomey all issued statements or tweets expressing condolences for the victims throughout Sunday night.
truck was still drivable, and it was. So there were no problems. More than 30 years and several cross-country trips later, that same truck is a champion of sorts, continuing to deliver stained glass, statues, steeples and other products of Baut Studios Inc. in Swoyersville. Earlier this year, USA Today reported the average age of a car or truck in the United States is 10.8 years. That’s a record high, but in comparison, the Bauts’ Mercedes-Benz 1116 is a granddaddy of the road. It’s been part of the family since December 1977, when the late Gene Baut bought it from a Long Island dealership to replace a 12-year-old Ford truck. Already a fan of MercedesBenz automobiles, Gene Baut believed a truck designed by the same European company would serve the family business well, and “outlast two or perhaps three trucks similar to our C550,” Conrad Baut said. Logging 286,726 miles – so far – and closing in on the 35th anniversary of the purchase, the truck is well on its way to meeting the upper range of that prediction. As Conrad Baut wrote in an article for “Double Clutch,” a magazine published by the Antique Truck Club of America, “The Mercedes-Benz has carried tens of thousands of square feet of stained glass, hundreds of tons of marble fabrications, numerous over-sized loads of onion-shaped church steeples, scores of custom wood and bronze sculptural memorials, thousands of church doors, and has been across the country several times.” His dad drove it with “pride and precision,” said Conrad Baut, who felt privileged to start driving it when he was 17. Someday soon his own sons -- Henry, Peter and James -- may have a turn at the wheel, helping out at a business they can trace to their great-
SOLICITOR Continued from Page 1A
graph, setting his retainer at $18,000 a year for seven hours of work a month. Additional hours are billed at $75 per hour up to 200 hours and $50 per hour after. Dallas School Board’s motion reappointing attorney Ben Jones II as solicitor for this school year at $39,000 gives no details of what the work entails. Wyoming Valley West Business Manager Joe Rodriguez noted the reappointment of attorney Michael Hudacek – paid $23,270 last year – is typically approved annually with no written agreement detailing the work covered. Outside counsel costs Yet in each of those cases the districts spent considerably more in legal fees than the solicitor’s retainer last year. Dean’s law firm – Elliott Greenleaf & Dean – did $29,961 of billable work beyond Dean’s retainer, and the district spent another $15,459 for legal work on special-education cases handled by King, Spry, Herman, Freund, and Faul. All told, Crestwood paid $63,420 in legal fees last year.
BILL TARUTIS/FOR THE TIMES LEADER
Employees of The Baut Studios Inc. with the 1977 Mercedes-Benz truck include, from left: Conrad Baut, Heide Cebrick, Mike Olsen, Gary Walp and Leonard Andes. Other employees who have helped refurbish the truck are Gerhard Baut, Jacob Baut, Bernard Kriso, Shawn Wheaton and Brad Lennon.
great-grandfather Jacob Baut, who came to America in 1885 from an area that is now Innsbruck, Austria. Over the years, the truck has transported such artwork as the “Healing Christ” sculpture designed and built by Gerhard Baut, which went to St. Agnes Medical Center in Philadelphia in 1985, and the “Coal to Diamonds” sculpture, also designed by Gerhard Baut, which was installed at Mohegan Sun Casino at Pocono Downs in Plains Township in 2008. Its next planned excursion is to Danbury, Conn., to deliver an onion-shaped cupola designed by Conrad Baut and Baut Studios employee Leonard Andes. But, first, Conrad Baut said, the truck needs new brakes. “I need a two-chamber master cylinder,” he said, explaining it’s getting harder to find replacement parts, despite the family’s purchase years ago of a spare truck from which several parts have already been “cannibalized.” In addition to the retainer for Jones, Dallas paid $83,153 to eight other law firms. Most was for special-education cases or labor issues,butthebiggestsinglechunk– $54,015 – went to Rosenn, Jenkins and Greenwald for a protracted battle with the Northeast Pennsylvania School District Health Trust, a consortium of districts formed to lower health insurance costs. Dallas and Pittston Area withdrew from the trust in 2007 and have been fighting to get what they contend is their share of a trust surplus. They have been winning the battle, and could end up reaping millions, as well as having the trust pay district attorney fees. Pittston Area spent $276,570 in legal fees last year. Of that, only $15,286 covered the retainer for attorney Joseph Saporito, who received another $12,013 for work outside the retainer, including tax claim sales and bond refinancing. Rosenn, Jenkins and Greenwald got the largest share of Pittston’s expense, $83,268, but four other firms were paid a combined $109,772 for work on special education cases. Those cases arise when a parent or guardian contends the district is not fulfilling its state and federal mandates in educating a child, Rodriguez said. Typically, districts settle out of court, agreeing to pro-
SUBMITTED PHOTO
The Bauts used their Mercedes-Benz truck to transport a ‘Coal to Diamonds’ sculpture to Mohegan Sun in 2008.
The truck was refurbished a few years back, with members of the Baut family and their employees pitching in to fabricate and replace cab sheet metal and understructures and rebuild the flat bed. “They’re all craftsmen,” Conrad said. “They know how to work with stained glass and met-
al, and this is an offshoot.” People who have worked to keep the truck running include Conrad Baut, his brother Gerhard, nephew Jacob Baut and sister Heide Cebrick as well as Mike Olsen, Gary Walp, Leonard Andes, Bernard Kriso, Shawn Wheaton and Brad Lennon.
vide services or accommodations that satisfy the parents. The district often ends up paying the fees for the attorney who represented the parent as well, Rodriguez noted. At Wyoming Valley West, Rodriguez said the district spent $78,248 beyond Hudacek’s retainer, almost all of it on either specialeducation settlements or labor issues, most notably the successful negotiation of three contracts.
than the $10,000 retainer he received for six months as solicitor, and paid the firm of Pugliese, Finnegan, Shaffer & Ferentino $33,156 on top of the $10,000 retainer. Wyoming Area spent another $57,289 on eight other law firms. Information provided by other districts was not complete enough to make full comparisons. Wendolowski’s appointment as solicitor drew additional fire because he has served as assistant solicitor for years, with attorney Anthony Lupas in the solicitor’s slot. Lupas resigned last year after a severe fall, and has since been charged with running an investment scheme that bilked people out of at least $6 million over 18 years. The two attorneys operate separate law businesses. Public outcry flared when a Times Leader analysis showed legal fees skyrocketed in WilkesBarre Area in recent years, with payments to Lupas rising sixfold over three years. Combined, the district paid Lupas and Wendolowski $540,969 in calendar year 2011, with $328,956 of that going to Lupas. The school board hired a firm to conduct a forensic audit of bills from Lupas and Wendolowski dating back to 2006; the results are expected this month.
Hours add up Without the type of detailed agreement Wilkes-Barre struck with Wendolowski, districts can end up paying their solicitor more in billable work than in the retainer. In Hazleton Area School District, the combined retainer for Solicitor Christopher Slusser and Assistant Solicitor Ed McNelis last year totaled $16,544. Yet Slusser was paid $58,944 above that while McNelis was paid $17,352 beyond his retainer. The district spent another $111,597 on 10 other law firms. Wyoming Area had a similar, though less dramatic expenditure beyond the $20,000 paid for solicitor retainer (it changed solicitors six months into the fiscal year, but the retainer rate remained the same). The district paid attorney Raymond Hassey $11,236 more
PARTY Continued from Page 3A
In addition to the car show and radio-controlled planes, this year’s Party in the Park will again feature a 5k run/walk and a 3on-3 basketball tournament. Various food vendors will also be on hand. The American Red Cross will also hold a blood drive at the nearby Kistler Elementary School. The event I F Y O U G O is open to the public What: Party in the free of Park When: Sat., Sept. 8, charge. The Dis- 10 a.m. to 4 p.m. Where: Miner Park, trict A Old River Road, Committee Wilkes-Barre is a nonprofit organization. All donations are tax deBILL TARUTIS/FOR THE TIMES LEADER ductible. For more information on the party or to donate, visit Members of the Wilkes-Barre District A Fund Committee Steve Barrouk, left, Lonnie Truskowski, the District A Committee’s Web- Rick Gazenski, and Dave Lewis discuss plans for ’Party in the Park’ at Miner Park in Wilkes-Barre on Saturday morning. Absent from photo: Sue Greenfield and George Brown. site at WBdistrictafund.org.
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West Pittston vs. FEMA
SWB Yankees unveil the choices for team’s new name.
Feds threaten flood-damaged city with probation.
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WILKES-BARRE, PA
2012 LONDON OLYMPICS
Carmelita Jeter crossed the finish line pointing the baton at the clock showing a world record of 40.82 seconds Friday night as the United States won the women’s Olympic 4x100-meter relay for the first time since 1996. PAGE 1B
50¢
Truck ‘of interest’ in fatality Pickup seized in Hanover Township
Wilkes-Barre police look over a truck seized in Hanover Township Thursday night. It is considered a vehicle of interest in a hit and run in WilkesBarre that left Rebecca McCallick dead.
police on Tuesday. Loughnane, 40, owner of Liam’s Place on North Washington Street, Wilkes-Barre, could not be reached for comment on Friday. A McCallick Facebook posting indicated he is vacationing at Lake Ontario, Canada, for two weeks and left on Monday, a day before the surveillance camera photograph was released to the media.
By EDWARD LEWIS elewis@timesleader.com
WORLD RECORD WOMEN
SATURDAY, AUGUST 11, 2012
WILKES-BARRE – A Ford F350 pickup truck impounded by city police as a vehicle of interest in a fatal hit and run is registered to Daniel Loughnane, according to sources and a speeding citation in 2009. Police took custody of the large blue pickup truck from Loughnane’s driveway at his home at 71 W. Liberty St. in the Newtown section of Hanover Township Thursday night. The truck is similar to a surveillance camera photograph of a darkcolored truck with an extended cab and a tool box in the bed that was released by See TRUCK, Page 12A
CLARK VAN ORDEN/THE TIMES LEADER
No dates listed on bills from Lupas
LOCAL GIRL SCORES GOAL IN OLYMPIC GAME
MEN REACH BASKETBALL FINAL Kevin Durant scored 19 points, Carmelo Anthony and LeBron James added 18 apiece and the U.S. men’s Olympic basketball team pushed aside Argentina 109-83 on Friday in the semifinals. The U.S. will play Spain for the gold. PAGE 1B
Review shows it is impossible to tell how many hours he billed. By MARK GUYDISH mguydish@timesleader.com
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P R I M E -T I M E T V SCHEDULE TRACK AND FIELD: goldmedal finals in men’s 4x100m relay, men’s 5,000m, men’s javelin, women’s 4x400m relay, women’s 800m, women’s high jump. MEN’S DIVING: platform gold medal final. WOMEN’S VOLLEYBALL: gold medal final U.S vs. Brazil. 8 p.m.-midnight, WBRE-28
LONDON 2012 OLYMPICS
Medal count as of Aug. 10 COUNTRY
G
S
B
TOT
United States 40 26 27
93
China
37 25 19
81
Russia
15 21 27
63
Britain
25 15 17
57
Germany
10 18 14
42
5 13 16
34
Australia
7 14 10
31
France
9
9 12
30
South Korea 13
7
6
26
Italy
7
6
8
21
Netherlands
5
5
8
18
Canada
1
5 10
16
Hungary
8
4
3
15
Spain
2
8
3
13
Japan
AP PHOTO
Ukraine
3
1
9
13
Brazil
2
2
8
12
New Zealand
4
3
5
12
Belarus
3
3
4
10
Cuba
3
3
4
10
nited States’ Paige Selenski celebrates her goal against Belgium with teammate Michelle Vittese (9) in a women’s field hockey classification match at the 2012 Summer Olympics, Friday, in London. Belgium won, 2-1. For the story, see Page 8B.
Friend of teen shot to death back in court Hearing for Elijah Yusiff similar to sentencing, but court, families mum. By SHEENA DELAZIO sdelazio@timesleader.com
WILKES-BARRE – A 14-year-old boy facing an undisclosed criminal charge in juvenile court in connection to the April shooting death of his friend, 14-year-old Tyler Winstead, appeared in Luzerne County
Court for a second time Friday. Prosecutors and family members remained tightlipped about what happened in the closed-door proceeding. Elijah Yusiff, of WilkesYusiff Barre, appeared for a court proceeding before Judge Tina Polachek Gartley. The hearing was listed on the
judge’s schedule as a disposition hearing, which is similar to a sentencing in adult court. He previously appeared before the judge at a May 30 hearing. To reach a disposition hearing, a juvenile must first appear at an adjudication hearing, where he or she may be declared a delinquent. See SHOOTING, Page 12A
Dove shutting down its Hanover Township facility About 106 people will lose their jobs. Company also closing Virginia plant. By JERRY LYNOTT jlynott@timesleader.com
is scheduled to close and 52 people will lose their jobs. Bruce Dove Jr., a company executive and great grandson of co-founder Phillip Dove, could not be reached for comment Friday. In a layoff notice filed with the Pennsylvania Department of Labor and Industry on Wednesday, the company said it could not obtain financing to continue operations. A worker who did not want to be identified said she was told
HANOVER TWP. – Vinyl window maker Dove Industries Inc. notified its workers and the state it will shut down next week and lay off 106 people at its plant on the Sans Souci Parkway. Another plant the company opened two years ago in Virginia See DOVE, Page 12A
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A NEWS Local 3A Nation & World 5A Obituaries 8A, 9A
PETE G. WILCOX/THE TIMES LEADER
Dove Industries in Hanover Township, a vinyl window manufacturer, is closing its doors Monday, laying off 106 people.
Editorials B SPORTS B BUSINESS Weather
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Puzzles Comics E CLASSIFIED
WILKES-BARRE – A review of bills submitted by former solicitor Anthony Lupas to WilkesBarre Area School district shows that, while often giving detailed descriptions of his work, Lupas rarely provided dates the work was done, making it all but impossible to tell how many hours he billed on any given day. The Times Leader re- Lupas viewed copies of bills submitted for the last six months of 2011. A previous review of district records had shown payments to Lupas for legal work had risen six-fold in three years, soaring to $328,956 in 2011, despite the fact that Lupas suffered a serious fall late in the year and did little work in the last two months. Lupas resigned his position as solicitor – a job he held for four decades – and is facing federal charges that he ran an investment scheme with unnamed co-conspirators, bilking people out of millions. The charges weren’t related to Lupas’ school district work, but federal agents did seek his district bills back through 2006. The school board has paid for a forensic audit of legal bills dating back that far and is expecting to learn results this month, possibly at the work session or regular meeting this Monday and Wednesday respectively. The six months of bills reviewed by The Times Leader show that, along with his monthly retainer of $2,115, Lupas submitted 66 pages of bills dated from June 27 through Jan. 11, charging a total of $147,050 for 917 hours of work. District BusiSee LUPAS, Page 12A
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LUPAS Continued from Page 1A
ness Manager Leonard Przywara noted that some bills may have been for work done earlier in the year. There were no bills dated for December. Among the 66 pages of bills there were 917 itemized charges with some description of the work performed. Yet only 21 of those 917 itemized charges – a scant 2.3 percent – includes a date showing when the work was done. Lupas billed the most hours – 191 – for work on a bus contract, charging a total of $26,100. The bulk of that was 164 hours at a to-
tal of $24,600 for intense negotiations that led to a last-minute contract approval Aug. 24, days before school started. Board member Christine Katsock balked at the idea of voting for a 10-page, 4-year contract without a chance to read it, but other members argued there was no time to find an alternative. Katsock then called for an internal review of previous years of transportation provided by the district from 2009 to the present. The board agreed, prompting more work by Lupas, and – according to the bills – a review of the freshly-approved contract and work clarifying the language in it. The second biggest chunk of itemized work involved Kistler Elementary School. Lupas billed
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163.5 hours at a cost of $21,825, almost all of which stemmed from problems with what the board considered as unsatisfactory work done on a new sidewalk guard rail and on the school boiler. Work on tax appeals tallied up to 65.5 hours, the third biggest chunk of the six months of billing, adding up to $11,825. That work involved either researching assessment appeals to determine if the district should challenge them, or challenging assessments. The bills note that in several instances the district won appeals, increasing assessed value on large properties and thus increasing tax payments. The high rate of billable hours from both Lupas and then-assistant solicitor Ray Wendolowski –
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combined, the two were paid more the an $500,000 in 2011 – prompted the school board to work out an agreement making Wendolowski solicitor for the current school year at a salary of $195,000 while dropping the post of assistant solicitor. The price sparked sharp criticism from frequent board critic Bob Kadluboski, but the agreement requires Wendolowski to do almost all work requested by the board with no extra charges, except reverse tax appeals (seeking to get an assessed value increased). Wendolowski will do those on a contingency basis: If the appeal is successful he gets a percentage of the increase in tax revenue, otherwise he gets nothing. In addition to solicitor and as-
sistant solicitor costs, the district hired outside firms to handle special education cases, when a parent or guardian contends the district is not providing services required under state or federal law. Those cases almost always result in a settlement that includes the district paying the attorney fees incurred by the parent. In the 2011-12 school year, Wilkes-Barre Area spent $14,774 for legal representation and another $15,500 for attorney fees. This year the district has $30,000 budgeted for special education cases. The district has another $25,000 budgeted for any other legal fees. Mark Guydish can be reached at 829-7161.
PEACH MUSIC FESTIVAL OPENS
DOVE Continued from Page 1A
the plant would close Monday. The company began in 1945 in North Hills. Dove Venetian Blind Co. was founded by Phillip Dove and his son Nathan. It evolved with the changing marketplace into a window maker and relocated its operations to Hanover Township from the Philadelphia area in the early 1990s. A salesman who also did not want to be identified said even though the company made a good product, it had trouble lately providing it to customers. He estimated the company would have between $11 million and $12 million in sales this year. “It was renowned as a fantastic window, but internal problems never got solved,” he said. The company’s filing with the state under the Worker Adjustment and Retraining Notification Act provided a peek at the problems. “Dove Industries Inc. is a faltering company which sought new capital or business in order to stay open and where giving notice would ruin the opportunity to get the new capital or business,” the company said. “Dove Industries Inc. was advised (Tuesday) that financing was no longer available to continue its operations. The plant closing also is caused by unforeseen business circumstances.” The layoffs are permanent and the employees have been notified individually of their layoff date, the company said. Dove filed a WARN notice with the Virginia Employment Commission on Wednesday as well, listing Monday as the impact date of the plant closure. The company opened a manufacturing plant in Pulaski County in the southwestern part of the state in 2010. At the time it said it would create 100 new jobs and the company was eligible for state benefits and tax credit. Whether the company ever created 100 jobs could not be determined Friday. There have been layoffs at the plant and, according to the WARN notice, there were 52 employees remaining. On top of the bad news of the closings, the company early Friday morning reported the theft of two trucks loaded with approximately 175 windows from the Sans Souci plant. The empty box trucks were located on an access road off Vista Drive in the Honey Pot section of Newport Township.
JASON RIEDMILLER PHOTOS/FOR FOR THE TIMES LEADER
T
he Warren Haynes Band, above, performs at the Peach Music Festival on Friday. The concert was held at the Toyota Pavilion at Montage Mountain. The festival will continue today with performances by local favorites MiZ plus Railroad Earth, the Wailers and the Allman Brothers Band, among many others. The music begins at noon and is scheduled to run until 2 a.m. At right, the crowd gathers for the festival. A weekend wrap-up review of the festival will be published in Monday’s Times Leader.
SHOOTING Continued from Page 1A
Tyler, of 121 Hill St., WilkesBarre, was found shot April 5 in front of 117 Hill St., where Yusiff lived. An initiative to improve city life began recently as a result of the youth’s death. The Building Bridges initiative was born when two Baptist ministers began working with Mayor Tom Leighton and the city to reduce crime and make the city safer for youth. Yusiff is the only one who has been charged in connection with Tyler’s death. Neither po-
lice nor prosecutors have fully disclosed what they believe happened when Tyler was killed. District Attorney Stefanie Salavantis said Friday after the twohour long hearing, which included discussions among attorneys, that she could not comment on the proceeding because of state law. Assistant District Attorneys Michelle Hardik and Mamie Phillips also attended Friday’s hearing, as well as Yusiff’s attorneys, Demetrius Fannick and Cheryl Sobeski Reedy. Several members of Tyler’s family attended the hearing wearing memorial shirts in his honor that read, “Real love never dies.”
Tyler’s grandparents and guardians, Willie and Carol Golden, said they did not wish to comment after Friday’s hearing, nor did Tyler’s parents, Christine and Terrence Winstead. A man and woman were seen meeting with Sobeski Reedy after the hearing. It is unknown if they are related to Yusiff, who was wearing handcuffs as he was led out of the courthouse by juvenile probation officers. Salavantis has said because of the nature of the charges and Yusiff’s age, the case cannot be discussed, and that a judge must seal the record and make any hearings closed to the public. If Yusiff were to be declared a delinquent, he would face a dis-
position hearing, where a judge could place him in a juvenile detention center until the age of 21, among other variations. Since the shooting, Yusiff’s family has moved out of the Wilkes-Barre home and relocated to Monroe County. Yusiff told reporters the night Tyler was shot that he heard a gunshot and saw a man driving away in a red or burgundy, older model Ford Taurus. Immediately after the shooting, Luzerne County 911 broadcast a bulletin to be on the lookout for the vehicle. The search for the car has since withered without any explanation from investigators or Salavantis.
Rising gas prices hurt economic recovery and summer fun Prices aren’t expected to get as high as in April, when 10 states passed $4 a gallon. By JONATHAN FAHEY AP Energy Writer
NEW YORK — A surprise surge in gasoline prices is taking some of the fun out of summer. The national average for a gallon of gas at the pump has climbed to $3.67, a rise of 34 cents since July1. An increase in crude oil prices and problems with refineries and pipelines in the West Coast and Midwest, including a fire in California, are mostly to blame. Analysts don’t expect gas prices to get as high as they did in April, when 10 states passed $4 a gallon and the U.S. average topped out at $3.94. But this is still unwelcome
news in this sluggish economy, since any extra money that goes to fill gas tanks doesn’t get spent on movies and dinners out. The rising prices could also put pressure on President Barack Obama in the heat of his re-election campaign. When Phil Van Schepen recently went to fill up his dry-cleaning delivery van in Coon Rapids, Minn., he found a Post-it note a driver before him had placed on the pump faulting Obama for high gasoline prices. “It’s a reminder of his energy policies overall, which I don’t agree with,” said Van Schepen, who buys about100 gallons a week and finds he is spending about $40 more than he did in early July. Still, he said the Post-it “was a bit much” because the president isn’t responsible for gasoline prices.
Analysts and economists agree, saying prices for crude oil and wholesale gasoline are set on financial exchanges around the world based on supply and demand and expectations about how those factors may change. The price at the pump in the U.S. fell more than 60 cents per gallon during the spring as the global economy slowed and turmoil in the Middle East seemed to subside. But crude oil is climbing again, rising to $94 a barrel from a low of $78 in late June. Production outages in South Sudan and the North Sea, Western sanctions that have cut the flow of Iranian oil, Iran’s threat to block tankers passing through the vital Strait of Hormuz, and fears that the violence in Syria could escalate into a wider regional conflict have driven up oil pric-
AP PHOTO
High gas prices are posted at a gas station in Encino, Calif., Friday.
es. Gas usually costs more in the late spring and summer because refiners have to make more expen-
sive blends of gasoline to meet clean air rules and because the summer driving season boosts demand.
TRUCK Continued from Page 1A
A bartender at Liam’s Place, which Loughnane opened in April 2006, confirmed that he was out of the country and she didn’t know of anyone authorized to speak on his behalf. She said she didn’t know if Loughnane was aware that his truck had been impounded. A neighbor on West Liberty Street said Friday she last saw Loughnane Sunday night. She declined comment only to say Loughnane is a “nice man.” Police called the truck a “vehicle of interest” in the hit and run crash that claimed the life of Rebecca McCallick, 19, on Hazle Avenue on July 24. No charges have been filed and police have not said who was driving the vehicle that struck McCallick. City police Chief Gerard Dessoye said Friday: “It is way too early to say what direction the investigation is going.” The chief said he would have to speak with Detective David Sobocinski to find out how police located the truck, whether by a tip or a township police officer spotting the vehicle in Loughnane’s driveway. “We’re continuously following up on any leads and tips we get,” Dessoye said. “How this particular information was received? The detective has been following up on leads since the crash happened.” The truck was transported to the basement garage at police headquarters on North Washington Street. Police tape encircled the truck in the basement. Loughnane was cited by state police at Pocono with speeding while operating the Ford F350 on the Northeast Extension of the Pennsylvania Turnpike on Feb. 2, 2009. He pleaded guilty and paid a fine of $177.50, according to court records. McCallick was struck by a vehicle in front of her apartment at 199 Hazle Ave. at about 2:23 a.m. on July 24. She died at Geisinger Wyoming Valley Medical Center. A woman who lived nearby on Hazle Avenue told reporters she heard tires screeching as if the vehicle had stopped and suddenly drove off, squealing its tires, when McCallick was struck. “It was definitely a peel, like they were taking off,” Mary Jean Humphrey told reporters on July 24. McCallick, a graduate of Crestwood High School in Mountain Top, was entering her sophomore year at King’s College in Wilkes-Barre.
Witness defends her testimony By MICHAEL TARM Associated Press
JOLIET, Ill. — The defense at Drew Peterson’s murder trial lashed out at the believability of a key state witness on Friday, accusing her of jazzing up her testimony to improve her odds of profiting from a movie and book deal. The sister of Kathleen Savio, Peterson’s third wife, testified that Savio once told her he had put a knife to her throat, then warned her he could kill her and make it look like an accident. Peterson, a former suburban Chicago police officer, is accused of killing Savio in 2004. “She was terrified,” Susan Doman said, recalling her sister’s demeanor when she recounted the incident. Peterson, 58, has pleaded not guilty to first-degree murder. Savio was found dead in her bathtub with a gash on her head and her hair soaked in blood, though Peterson wasn’t charged until after his fourth wife, Stacy Peterson, disappeared in 2007. Peterson isn’t charged in Stacy Peterson’s disappearance. During cross examination, the contract that Doman signed in 2009 was projected across a courtroom screen. Defense attorney Joe Lopez noted that it guaranteed Doman at least $30,000 if the movie made it to theaters. The occasionally rattled Doman repeatedly insisted her primary motive was to get word out about victims of domestic violence, saying her sister was among those victims.
Title dreams come to an end
Fed up with Facebook?
Meyers boys, Nanticoke girls fall in PIAA playoffs.
Some social media users find out they don’t ‘like’ it.
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WILKES-BARRE, PA
Voter ID law has mixed reaction
THURSDAY, MARCH 15, 2012
Police allege Juan Borbon swung a bladed weapon that seriously injured a freshman at GAR on Feb. 9
Supporter say new legislation will reduce fraud, but foes say it will hurt elderly voters. By ANDREW M. SEDER and STEVE MOCARSKY aseder@timesleader.com smocarsky@timesleader.com
HARRISBURG – A controversial new law requiring anyone casting a vote in a state election to provide one of a handful of valid photo identifications passed the House on Wednesday along a mostly party-line vote. And it’s likely to impact voter turnout locally, according to the director of the Luzerne County Bureau of Elections. The vote Wednesday, after nearly three Corbett days of contentious debate, was 104-88, with three Republicans joining every one of the chamber’s 85 Democrats in opposing the bill. All 104 votes in favor were cast by Republicans. The Senate previously approved the bill and Gov. Tom Corbett signed it into law later Wednesday. Democratic legislators, the AARP, League of Women Voters, American Civil Liberties Union and other groups opposed the bill, expressing concerns that elderly and minority voters could be adversely impacted. “Looking at the pitfalls, it could diminish turnout come November,” said Leonard C. Piazza III, the director of the Luzerne County Bureau of Elections. “Typically, we have very high numbers for presidential elections. But 18 percent of elderly Pennsylvanians do not have photographic ID. That See VOTER, Page 12A
Most Pa. counties are gas well-less Almost 90 percent of shale wells are located in just 11 of the state’s 67 counties. By KEVIN BEGOS Associated Press
PITTSBURGH — Data from the state show that many counties don’t have any gas drilling wells tapping into the gas-rich Marcellus Shale formation and may never have any despite the proliferation of them elsewhere. U.S. Geological Survey maps indicate the Marcellus Shale, a rock formation thousands of feet underground in large parts of Pennsylvania, New York, Ohio and West Virginia, doesn’t exist in the heavily populated southeastern portion of Pennsylvania. Almost 90 percent of the 5,000 shale wells drilled in the last six years are located in just 11 of the See COUNTIES, Page 12A
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Attorney wants to see arrest Plenty of evidence exists to arrest Anthony Lupas Jr. on mail and wire fraud charges, lawyer for alleged victims says. By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
WILKES-BARRE – An attorney who represents 10 people allegedly defrauded by attorney Anthony Lupas Jr. is questioning why federal prosecutors have not yet acted to arrest Lupas on fraud charges. Gavin Lentz of Philadelphia said, based on documents he has seen, prosecutors have ample evidence to charge Lupas with mail fraud and wire fraud. Allowing Lupas to remain free puts his clients at greater risk that Lupas may take action to shield assets, he said. “All of my clients are asking the U.S. attorney to make an arrest before he flees or perhaps transfers more assets,” Lentz said. “There’s already enough information to arrest him for federal crimes, and we’re asking they act.” Lentz said he has firsthand knowledge the U.S. Secret Service and the state Attorney General’s Office are investigating Lupas for See ATTORNEY, Page 12A
CLARK VAN ORDEN/THE TIMES LEADER
Juan Borbon, charged in a machete attack outside Wilkes-Barre Area’s GAR High School last month, is taken to prison after failing to post bail Wednesday afternoon in Wilkes-Barre.
Machete suspect charged By EDWARD LEWIS elewis@timesleader.com
WILKES-BARRE – Juan Borbon said police have the wrong man. Borbon, 20, made the claim minutes after he was arraigned Wednesday on charges he nearly severed the hand of a 15-year-old boy with a machete during a fight outside Wilkes-Barre Area’s GAR High School last month. “Knowing Borbon is in custody, our community can breath a little bit easier,” Luzerne County District Attorney Stefanie Salavantis said. City police extradited Borbon, address unknown, from Passaic County, N.J., where he was captured on March 1 by the U.S. Marshals.
“Knowing Borbon is in custody, our community can breath a little bit easier.”
Assistant District Attorney Mamie Phillips said Borbon, a native of the Dominican Republic, refused to provide his Social Stefanie Salavantis Luzerne County DA Security number to detectives. Police allege Borbon swung a machete that seriously injured Marquis Allen, a freshman at GAR, during a fight at South Grant and Lehigh streets on Feb. 9. Allen underwent surgery at Geisinger Wyoming Valley Medical Center.
WEATHER
INSIDE
Nathaniel Wren Partly sunny, warm. High 68, low 44. Details, Page 10B
A NEWS: Obituaries 2A, 8A Local 3A Nation & World 5A Editorials 11A
An alleged accomplice, Yansy Abreu, 16, of Wyoming Street, Wilkes-Barre, was charged Feb. 17 with carrying the machete in a book bag before the fight. Borbon was arraigned by District Judge Rick Cronauer on two counts each of aggravated assault, simple assault and criminal conspiracy, and a single count of reckless endangerment. He was jailed at the Luzerne County Correctional Facility for lack of $150,000 bail. Abreu is facing the same charges and remains jailed at the county prison for lack of $250,000 bail. Phillips requested a higher bail for Borbon, or equal to Abreu’s, claiming Borbon is a flight risk, has ties to New Jersey and the DoSee MACHETE, Page 9A
Annual payments to former solicitor increased nearly six-fold after 2008. By MARK GUYDISH mguydish@timesleader.com
The increases were so large and fast that Lupas was paid more in 2011 than he had been Lupas paid from 2006 through 2009 combined. Lupas was paid $99,750 in 2009, $171,507 in 2010 and $328,956 in 2011. District payments to Lupas have come under scrutiny by federal agents, who interviewed Superintendent Jeff Namey and Business Manager Leonard Przywara on Tuesday regarding the attorney’s work and bills. Lupas is under investigation
WILKES-BARRE – WilkesBarre Area School District records show annual payments to former solicitor Anthony Lupas skyrocketed in the last three years, increasing nearly six-fold after 2008. In the three years prior, annual payments to Lupas averaged a bit more than $54,000. In 2009 a rapid climb began, with a 78 percent increase from 2008, another 72 percent increase in 2010 and a 92 percent increase in 2011. See BILL, Page 12A
CHERRY BLOSSOM TIME? s it March or Iperatures May? With temin the
60s and cherry blossoms blooming on these trees on Public Square in Wilkes-Barre on Wednesday, we’re starting to wonder. Today should be even warmer, with a high of 73 predicted locally. Check out the complete weather forecast on Page 10B.
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Gavin Lentz Attorney representing 10 people allegedly defrauded
Lupas’ school district bill spiked in 2011
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“All of my clients are asking the U.S. attorney to make an arrest before he flees or perhaps transfers more assets.”
DON CAREY/THE TIMES LEADER
User: rsheposh Time: 03-14-2012 23:19 Product: Times_Leader PubDate: 03-15-2012 Zone: Main Edition: Main_Run PageName: news_05 PageNo: 12 A
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Fund may let investors recoup lost cash Several people believe they were scammed by attorney Anthony J. Lupas Jr.
By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
WILKES-BARRE – Investors who believe they were scammed by attorney Anthony J. Lupas Jr. may be able to recoup up to $100,000 of their losses from a state court fund that reimburses persons who have been defrauded by an attorney. The Pennsylvania Lawyers Fund for Client Security was established in 1982 to provide persons victimized by dishonest attorneys a means to recoup their losses, said Frank Dougherty, an attorney with the Office of Disciplinary Counsel, which investigates allegations of wrongdoing by attorneys for the Disciplinary Board of the state Supreme Court. The Supreme Court established the fund, which is bankrolled
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allegedly stealing potentially millions through a bogus investment scheme. Attempts to reach Lupas over the past several days have been unsuccessful. U.S. Attorney Peter J. Smith has declined to comment on whether there is an investigation. Told of Lentz’s criticisms Wednesday, Smith again de-
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for alleged fraud in an investment scheme unrelated to the district, which has resulted in lawsuits filed on behalf of numerous people who claim he took money promising high returns that never materialized. Asked Wednesday about the steep legal fee increase, Namey said Przywara had brought it to his attention about six or eight months ago. “Lenny came over and said we were way over budget, so we took it to the board,” Namey said. “The board was coming up with ways to address the issue. Originally, they were going to put a cap on legal spending.” But, Namey noted, “things
COUNTIES Continued from Page 1A
state’s 67 counties, according to state data compiled by the Powell Shale Digest, a specialty trade newsletter. Bradford County, in the northeast part of the state, has the most, at 1,008, followed by Tioga, also in the northern region, with 693. In the southwestern part of the state, Washington County has the most wells, with 560. Most of the wells were drilled in the last two years: 2,046 last
through a surcharge paid by all attorneys to address concerns that people who were victimized by unscrupulous attorneys had few options to recoup their money, Dougherty said. “Years ago, if an attorney took your money and you couldn’t get it back, you could sue, but generally they were judgment proof,” Dougherty said. “The court realized that was a serious problem and that the bar had to do something to help these people get back at least some of what their attorney had improperly taken.” The security fund paid out a total of $2.1 million for 148 claims that were filed during the 2009-10 fiscal year, according to a copy of its annual report. That included $150,000 for a claim filed against former Luzerne County attorney Michael Bart, who pleaded guilty in 2008 to a federal wire fraud charge for stealing money from several clients. Lupas, 77, a prominent Wilkes-Barre attorney, is under state and federal investigation for allegedly bilking dozens of
people out of potentially millions of dollars by falsely claiming he had invested their money in a trust fund, according attorneys Gavin Lentz of Philadelphia and Ernest Preate Jr. of Scranton, who represent some of the alleged victims. Attorney Robert Rovner of Feasterville, chairman of the board that oversees the security fund, said it plays an important role in ensuring the public is protected. Pennsylvania does not require attorneys to carry malpractice insurance. “While the number of lawyers who misappropriate clients’ funds is extremely small compared to the number of licensed attorneys, the actions of those few result in confidence in the legal profession being shaken,” Rovner said. “This fund helps restore that confidence.” Rovner said claims can be filed against an attorney even if the attorney has not been charged with a crime or faced disciplinary action. The investigation of
claims is made independent of other probes that may be going on. Several of Lupas’ alleged victims interviewed by The Times Leader said they have submitted claims against Lupas. Those claims were filed in conjunction with a complaint filed with the Office of Disciplinary Counsel, which has opened an investigation, according to Lentz and Preate. The fund is overseen by board of six attorneys and two lay persons. The Office of Disciplinary Counsel can share information it has uncovered with the security fund board, but decisions to grant or deny a claim and the amount of money are made solely by the board. Rovner said the average processing time for a complaint is nine to 12 months from the date of filing. For more information on the fund or to obtain a complaint form, visit www.palawfund.com or call 800-962-4618.
clined comment. Federal law enforcement agencies, including the Secret Service and FBI, investigate crimes, but it’s up to the U.S. Attorney’s Office to approve charges. Federal agents have subpoenaed Lupas’ records from Luzerne Bank, where he held an account for his now-closed law practice, a source familiar with the investigation said. It’s suspected those documents will be part of evidence that will be presented to a federal grand jury.
In federal cases, charges are typically brought through the filing of a criminal complaint or by presenting evidence to a grand jury, which determines if there is sufficient evidence to issue an indictment. If a complaint is filed, prosecutors can take a defendant into custody immediately, pending presentment of the evidence to a grand jury. Lentz is pushing for prosecutors to take that action. He believes there is strong evidence of mail fraud based on a docu-
ment, titled “agreement and declaration of trust,” Lupas provided to his clients. The document, which contains Lupas’ signature, purports to establish a trust fund to hold the clients’ money. In reality, there is no trust fund, Lentz said. Lupas mailed those documents to his clients, which constitutes mail and wire fraud, Lentz said. “If I was a prosecutor, this guy would already be locked up,” Lentz said.
had changed as far as the legal SCHOOL DISTRICT PAYMENTS TO ANTHONY LUPAS work being done. We are aggres- Wilkes-Barre Area School District records show annual payments to former solicitor sively attacking some of the tax Anthony Lupas rose nearly sixfold in the last three years. appeals where we believe we are $328,956 losing so much money.” The board also adopted a pol$300,000 icy of having all contracts reviewed by Lupas or assistant so$250,000 licitor Ray Wendolowski. “I want to make clear, I’m not in any way justifying that huge $200,000 $171,507 an increase,” Namey said. Namey and Przywara also $150,000 confirmed that there are no $99,750 written contracts with Lupas or $100,000 Wendolowski. On Tuesday, $55,979 $56,878 $50,100 board member Christine Kat$50,000 sock said she had asked for contracts and was told there were none. 2006 2007 2008 2009 2010 2011 “They’ve never had contracts Source: Wilkes-Barre Area School District Mark Guydish/The Times Leader as long as I’ve been here,” Przywara said, adding that he’s worked in the district for two nually reappoint Lupas and fee, but not call for a contract, he decades. The board would an- Wendolowski, and set a retainer said. year, and 1,644 the year before. But the Shale Digest notes the number may drop this year. “Given that Marcellus drilling activity in Pennsylvania is slowing in 2012 in response to depressed natural gas prices, it will be most interesting to see how this year stacks up compared to the others,” the March 12 issue noted. Travis Windle, a spokesman for the Marcellus Shale Coalition, an industry group, said people all over the state and the region benefit from the lower energy costs that have accompanied the boom.
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could have a big impact. That is the primary voting block here.” The requirement has caught the attention of those who care for the elderly. Ann Marie Pfiel, the administrator at Providence Place Retirement Community in Butler Township, said that facility hasn’t decided what it will do to accommodate residents. “We’d have to wait and see what happens. I’m sure we would help them in some way, whether it was issuing IDs or assisting them in obtaining one,” she said. Democratic opposition Local House Democrats derided the bill, saying it will be costly to implement – some estimate it could cost up to $11 million – and was unnecessary because there has been little documented voter fraud requiring this action. They also argued that the law would frustrate voters and disenfranchise them, causing lower voter turnout in future elections. “(Leonard) Piazza informed me that in his entire career he has not received a single complaint of voter fraud,” said Rep. Gerry Mullery, D-Newport Township. “The system isn’t broken, and it certainly doesn’t need a fix like this.” But Rep. Tarah Toohil, R-Butler Township, said “Pennsylvania has had a long history of voter fraud” and “any money spent to protect the voting process is money well spent.” Democrats were unrelenting in their stance that not only isn’t fraud widespread, but it’s nearly nonexistent. “Election fraud is a myth. There have only been four convictions for voter fraud out of 20 million votes cast in Pennsylvania since 2004,” said Rep. Eddie Day Pashinski, D-Wilkes-Barre. “This bill is putting a roadblock between voters and the ballot box. It’s a big government restriction in search of a problem.” Republicans disagreed, saying that voter fraud, even if it’s just one vote, should be avoided at all costs. Rep. Daryl Metcalfe, R-Butler, the bill’s sponsor, noted that, “Currently in Pennsylvania it is impossible to board a commercial airplane, cash a paycheck, operate a motor vehicle or even purchase prescription eyeglasses without displaying a valid photo ID. “Guaranteeing the integrity of our state’s election process and ensuring that no vote will be canceled out by the forces of corruption deserves no less than equal protection under the law.” While Democrats allege that the bill is a GOP ploy to hurt Democratic turnout, Dr. Agapito Lopez, a spokesman for the Latino community in Hazleton, said he thinks the results will be the exact opposite. “I think it will affect the older Pennsylvanians. I have seen many more older Pennsylvanians (at the polls) who are not Latino … There are many Republican voters who are older senior citizens. I think if it’s the Republicans who are doing this, it’s going to bounce back on them.”
Details of Pa. bill to require voter photo IDs HOUSE BILL 934 A person voting must show ID. The acceptable forms of ID must be current, show the individual’s name, photograph, expiration date and be issued by: • The U.S. government, state government or a municipal or county government in Pennsylvania. • PennDOT. • An accredited public or private institution of higher learning in Pennsylvania. • A nursing home, assisted living home or personal care home in Pennsylvania. Exceptions include: • Non-photo driver’s license or ID cards issued by PennDOT for voters who have a religious objection to being photographed. • A PennDOT ID expired within the past year. • U.S. armed forces IDs that show an indefinite expiration date. • Absentee-ballot voters, who may provide their driver’s license number or, if they do not have a license, the last four digits of their Social Security number. People without proper ID may: • Cast a provisional ballot on election day and within six days submit a valid photo identification to county elections officials in person or by e-mail or fax.
Lake, also said the idea that the bill will hurt voter turnout is patently false. “There are many instances in our modern society during which an individual must furnish a photo ID, so it is absurd to argue this legislation will disenfranchise anyone,” Boback said. “The authors of the legislation have gone to great lengths to ensure that anyone who wants to vote will be able to participate in elections,” she added. “The legislation even includes a measure requiring PennDOT to provide free IDs. It also includes the use of identification beyond what the state issues, to include college IDs, military identification and credentials issued by long-term care facilities.” Rep. Mike Carroll, D-Avoca, vehemently objected to penalizing poll workers with criminal charges for failing to demand ID. “I’m not prepared to place an added burden and possible criminal penalties on our precious few polling place workers who now face the prospect of turning away voters whom they may have known for decades.” Rep. Sid Kavulich, D-Taylor, said there just wasn’t “enough evidence of widespread voter fraud in the commonwealth that we should be making it harder for people to vote, especially senior citizens and those with physical disabilities.” According to the Pennsylvania Department of Transportation, nearly 700,000 Pennsylvanians lack photo ID, with half of them being senior citizens. One of the provisions added to the bill would permit a photo ID issued by a nursing home, assisted living home or personal care home in Pennsylvania could mean those sorts of facilities could find themselves either transporting residents to a state drivers licensing center or creating their own photo IDs for residents. Rep. Phyllis Mundy said the money that will be spent implementing the new law could have better used in supporting state Boback supports IDs programs seeing severe budgets Rep. Karen Boback, R-Harveys cuts.
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