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The Times Leader timesleader.com
WILKES-BARRE, PA
LUZERNE COUNTY COURT
FRIDAY, FEBRUARY 24, 2012
50¢
Attorney admits mistakes on invoices, says she will work with county to rectify errors
Double trouble: Attorney billing probed By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
WILKES-BARRE – Lax oversight of a special Luzerne County legal services fund permitted an attorney who was paid more than $144,000 in 2011to double bill the county dozens of times for travel to the courthouse, a Times Leader investigation revealed. The billing practices employed by attorney Angela Stevens of Kingston played a significant role in causing the county fund, which was allotted $125,000, to over-
spend its budget by nearly $209,000 last year. Hundreds of invoices reviewed by The Times Leader Stevens revealed Stevens repeatedly billed the county for dozens of trips she made to the county courthouse to deliver petitions for payment for legal fees, even though those petitions appear to have been delivered in a
single trip. The newspaper also uncovered discrepancies in bills relating to time Stevens claimed to have spent gathering information regarding the number of hours she spent on a case so that she could create the bills. The issues with the invoices were never detected by county or court officials because neither the judge who signed the court orders approving the payments, Tina Polachek Gartley, nor two county offices that processed them, ever re-
viewed them for accuracy or reasonableness. County officials were unaware of the double billings until a Times Leader reporter advised them of the results of a review of 469 invoices Stevens submitted in 2011. In an interview Tuesday with The Times Leader and President Judge Thomas Burke, Polachek Gartley said she was distressed to learn of the newspaper’s findings. See ATTORNEY, Page 12A
Prison union’s concession offer rejected
County interim manager cites issues with stipulations of deal that would have saved jobs targeted for layoff. By JENNIFER LEARN-ANDES jandes@timesleader.com
A packed auditorium of teachers, politicians and concerned citizens overcrowded the King’s College’s Burke Auditorium to discuss the threat posed by gangs to the area.
Getting streetwise at forum on gangs
rell Dones, during the two-hour program at King’s College. “Nobody but nobody is not affected by gangs,” said Dones, an instructor in the bureau’s Behavioral Science Unit. He warned the more than 250 people in the audience about the presence of gangs locally despite the distance from New York, New Jersey and Philadelphia, where AIMEE DILGER PHOTOS/THE TIMES LEADER they have strongholds. D. Darell Dones of the FBI in Quantico, Va., was the keynote speaker at “Just because you don’t see ’em,
By JERRY LYNOTT jlynott@timesleader.com
WILKES-BARRE – While police continue to investigate whether the machete attack near GAR High School earlier this month was gang-related, several hundred people attended a forum Thursday night on how to prevent the spread of gangs in their communities and schools. Teachers, parents, school and law enforcement officials heard from local and national gang experts, including FBI agent D. Da- See GANGS, Page 6A
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the Operation Gang Up program Thursday night at King’s College. Dones is an instructor in the bureau’s Behavioral Science Unit.
Luzerne County Interim Manager Tom Pribula has rejected the prison union’s proposal to give up 3 percent raises in exchange for reduced layoffs, though the final call may come from county council. The manager makes decisions about staffing and layoffs under the new home rule charter, but council approves collective bargaining agreements, and the proposal would alter an existing union contract. Prison union representative Tony Seiwell said Thursday the county won’t see future union-generated concessions from his members if the proposal falls Pribula through. Pribula said county INSIDE: Our management had con- View: A positive cerns about union stipu- step, 11A lations required as part of the concession, though he declined to go into further detail. “The management had serious issues with it,” said Pribula, who plans to brief county council about the matter during an executive session Tuesday. Without concessions, the county will proceed as planned with layoffs at the facility, Pribula said. The prison union – LIUNA Public Service Employees’ Union Local 1310 -- said it would lose 16 workers to layoffs. Three non-union managers are also slated for layoff, the union said. The layoffs are among an estimated 56 throughout the county required by the recently adopted 2012 budget, which contains a 2 percent tax hike. The union’s proposed agreement said See PRISON, Page 6A
Postal Service delivers bad news to Scranton processing center It is unclear how many of the facility’s 300 jobs would be lost if it eventually closes. By GERARD HETMAN Times Leader Correspondent
or vehicle maintenance operations at the center. It is unclear how many of the Scranton Mail Processing and Distribution Facility’s 300 jobs would be lost. According to U.S. Postal Service spokesman Ray Daiutolo, Thursday’s announcement about the Stafford Avenue facility comes after studies nationwide of more than 400 similar centers. The potential closure would be the second in three years in this region. A mail processing center in Wilkes-Barre was closed in Octo-
SCRANTON – The U.S. Postal Service said it plans to close the mail processing center in Scranton and move operations to the Lehigh Valley as part of a cost-saving consolidation plan. The transfer, according to the Postal Service, would not affect retail service, business mail entry See POSTAL, Page 6A
JASON RIEDMILLER/FOR THE TIMES LEADER
Mail processing at the U.S. Post Office at Stafford Avenue in Scranton could be moved to the Lehigh Valley.
User: jhealey Time: 02-23-2012 23:17 Product: Times_Leader PubDate: 02-24-2012 Zone: Main Edition: Main_Run PageName: news_04 PageNo: 12 A
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PAGE 12A FRIDAY, FEBRUARY 24, 2012
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THE TIMES LEADER
www.timesleader.com
CLARK VAN ORDEN/THE TIMES LEADER
The office of Pyrah and Stevens Law Firm on Pierce Street in Kingston.
ATTORNEY
AMANDA HRYCYNA/ FOR TIMES LEADER
Stacks of bills attorney Angela Stevens submitted for representing parents in Children and Youth cases sit on a table in the Luzerne County Controller’s Office.
ATTORNEY FEES These are the total amounts paid by Luzerne County in 2011 from a special legal services fund to attorneys who represented parents of children taken by Children and Youth Services. The Luzerne County Controller’s office provided the data.
since there was a court order approving them. Polachek Gartley said she did not review each of the petitions because the attorneys were taken at their word. Each attorney was required to sign a document, known as a verification, under penalty of law attesting to the accuracy and reasonableness of their charges. They could be subject to charges of perjury if the information was not correct. The judge said she believed the verification provided an adequate “safeguard” to ensure charges were accurate. Asked why neither she nor her staff performed even a cursory review of invoices to see if any “red flags” jumped out, Polachek Gartley said that was not feasible. The petitions were among hundreds of motions and court orders that would be presented to her daily for her signature, she said, and there was not time to cross check one petition against another, as a reporter had done. “You have to submit itemized bills and verify under penalty of perjury this is your sworn time,” Polachek Gartley said. “We made it clear. You are on your honor under penalty of law.” County officials react Pribula on Thursday denounced the court for its lack of oversight, saying it had the obligationtoreviewthedocumentsto ensure charges were appropriate. “To trust attorneys to say their bills are 100 percent accurate is absurd. I don’t care if they are officers of the court,” Pribula said. “Someone from the court needed to attest to the accuracy of the bills.” Griffith said he’s also upset the fund was not more closely scrutinized. As controller, Griffith is known as an avid watchdog of county spending. He has frequently refused to issue payments if he questions the appropriateness of a bill. In this case, he said he did not review the invoices because he believed that had already been done by the courts. Regardless, he was not in the position to determine the reasonableness of the charges. “When the bills come over, I don’t know what an attorney is doing in court. My position is to
Round trip distance: 1 mile
Steven’s Stevens’ office
Courthouse
Wilkes-Barre Public Square Penn Place
Oct. 7 $869 Deliver September petitions to Judge Tina Polacheck Gartley 27 petitions, 15.8 hours Oct. 12 $819 Pick up approved September petitions from Judge Polacheck Gartley 26 petitions, 14.9 hours Oct. 13 $1,144 Pick up July/August petitions from Judge Polacheck Gartley 38 petitions, 20.8 hours
Round trip distance: 2.4 miles
Steven’s Stevens’ office
T. ES RC PIE
Got $144K in 2011 The Times Leader began investigating payments made to Stevens after a report obtained from the Controller’s Office showed she had been paid $144,554 in legal fees from the special legal services fund – nearly half of the total $334,117 that was spent on the fund in 2011. At $55 per hour, that meant Stevens had to have worked an average of roughly 50 hours per week, every week for 52 weeks to have earned that much. The payment to Stevens was also significantly higher than the17 other attorneys who represented parents, which ranged from $176 paid to attorney Matthew Loftus to $52,362 paid to Laureen Yeager Pierce. A reporter reviewed a sampling of billing statements submitted by the five attorneys who received the most money from the fund. No other attorneys appeared to have charged for travel time, although some did charge for creating fee petitions. No one in the courts or county ever detected issues with Stevens’ invoices, even though the bills went through three sets of eyes. All invoices submitted by the attorneys were first presented for approval to Polachek Gartley, who headed the county’s family court division in 2011. Once the court order was signed, the order and invoices went to Chief Public Defender Al Flora Jr., who had agreed to hold the funds in his budget, even though no public defenders represented the parents. Flora would sign a payment authorization form that, along with the court order and invoices, next went to Controller Walter Griffith, who issued the checks. Polachek Gartley acknowledged she never reviewed invoices submitted by Stevens or any of the other attorneys. Flora and Griffith said they did not review them either because they believed that had already been done
Mark Guydish/The Times Leader
Kingston attorney Angela Stevens billed unusually high total hours for travel time to and from the Luzerne County Courthouse and county offices at Penn Place for delivery and pick up of “petitions for payment” for her work. Here are four samples, from October 2011. She billed $55 per hour in increments of 0.1 hour (6 minutes).
T. ES RC PIE
said the work entailed in preparing the bills was actually performed on various days over a course of a month, not on a single day, as her invoices indicated. Stevens said she made the decision to add a single charge for the work, typically on or near the last day of the month, for “bookkeeping purposes.” “In hindsight I recognize that this practice can cause some confusion and we will reconsider incremental billing,” she said.
Attorney Fees Aregood-Schonfeld, Daniel $26,396 Arnone, Christopher $736 Bolus-Grosek, Debra $4,254 Brown, Jami T. $8,656 Conser, Janet $633 Davison, Robert $21,805 Delaney, Paul $24,852 Height, Amanda $2,063 Lehman, Qiana $7,100 Loftus, Matthew $176 McNelis, Edward P. $13,753 Moore, Jennifer N. $894 Pendolphi, Michael $1,966 Salavantis, Stefanie $7,358 Stevens, Angela $144,554 Terrana, Joseph J. $8,465 Watt III, William $8,096 Yeager Pierce, Laureen $52,362 TOTAL $334,117
4 days, 122 petitions, 76.3 hours, $4,196
Courthouse
Oct. 14 $1,364 Deliver approved August/September petitions to Public Defender’s office 31 petitions, 24.8 hours
Kingston
Wilkes-Barre Public Square Penn Place
Edwardsville
T. ES RC PIE
The issue for Stevens is she charged a separate fee for each individual bill she delivered, allowing her to collect as many as 38 separate fees for bills that appear Continued from Page 1A to have been delivered on the She said she would not have ap- same day. proved Stevens’ bills had she Stretton said that would be an known about the irregularities. ethical violation. Attorneys can Burke also expressed concern charge for travel time, but they and said he intended to contact cannot charge the full fee for the Interim Luzerne County Manag- travel to multiple clients for a siner Tom Pribula to suggest he re- gle trip, he said. quest a forensic audit of the ac“If I’m going to visit a judge and count, based on The Times Lead- it takes me 20 minutes to go to the er’s findings. courtroom for him to sign a pet“This is a serious concern that ition and I have 50 petitions, I only requires further inquiry on the get travel time for one petition, part of appropriate county offi- not the other 49,” Stretton said. cials,” Burke said. “It is my sug- “She should not be billing the gestion (the county) undertake same hour every time for every an independent forensic audit to fee petition. That would be confirm if any improper pay- wrong.” ments were made.” Stevens’ invoices show she did In an email Thursday, Stevens just that dozens of times. said she had reviewed some of the For instance, on Aug. 17, 2011 records The Times Leader ques- Stevens sought payment of $33 tioned and determined she had, for .60 hours (36 minutes) for in fact, made errors in the bills. time she spent traveling to the She also sent a fax to Pribula ad- county courthouse from her ofvising him of the issue. fice to deliver petitions for payIn her email, Stevens said travel ment for June to Polachek Gartime entries were included on tley. each individual bill “as a matter of Stevens listed that fee on each course” without knowing which of 19 payment petitions she had petitions would be delivered in filed on behalf of clients, resulting groups. in a total payment of $627 ($33 x “When petitions were deliver- 19). That equated to pay for 11.4 ed in groups the final bills should hours of work. have been adjusted to reflect a sinTwo days later, Stevens returngle charge for delivering all the ed to the courthouse to pick up 31 petitions. Unfortufee petitions for nately, these ad- “If I’m going to vis- work performed in justments were February and June not made,” Ste- it a judge and it that had been apvens wrote. “My of- takes me 20 minproved by Polafice will work with chek Gartley. She the county to recti- utes to go to the charged $22 for .40 fy the error. We will courtroom for him hours (24 minalso re-evaluate utes) for travel to sign a petition our internal billing time on each of the procedures so that and I have 50 pet31 invoices, resultthis error is not reing in a payment of itions, I only get peated in the fu$682. travel time for one ture.” Between Aug. Stevens’ law petition, not the 22 and 23, she partner, James Pycharged an addirah, said he be- other 49. She tional $2,420 in lieves the billing should not be billfees for trips she errors were an made to deliver 30 oversight. He said ing the same hour fee petitions to the the office has be- every time for evClerk of Courts gun a comprehenand Prothonosive review of all its ery fee petition. tary’s offices in the billings with the That would be main courthouse, county. and to the Register wrong.” “Based on everyof Wills and Public Attorney Sam Stretton Defenders Office thing I’ve seen, it Legal ethics expert located at the Penn appears as if certain routine enPlace building. On tries like travel Aug. 31, she time and fees to prepare petitions charged another $2,937, which ingot carried over across files,” Py- cluded delivery and preparation rah said. “We are going to under- fees for 39 petitions. take a comprehensive review of A similar pattern of billing was all these records . . . We want to get repeated in numerous other this right.” months in 2011, including February, April, June, July, October, Pool of 18 lawyers September, November and DeStevens, a member of the bar cember. since November 2001, was among 18 attorneys the county retained Other charges last year to represent parents The newspaper also uncovered whose children had been taken by other questionable charges, inChildren and Youth Services cluding 11 separate invoices she based on allegations of abuse or submitted for travel time to the neglect. law office of attorney Andrew The attorneys, who were paid Lentowski in Wilkes-Barre to pick $55 per hour, were required to file up the files of11clients on Oct. 27. petitions each month detailing Stevens charged $38.50 for .7 the work they performed, such as hours (42 minutes) for each of the meeting with clients and attend- 11clients, netting a fee of $423.50. ing hearings. Other questions revolve The newspaper’s investigation around the amount of time Steshowed Stevens collected at least vens claimed to have spent gath$38,517 in fees solely for work she ering information so she could performed in creating and deliv- prepare her fee petitions. ering her fee petitions to PolaFor instance, Stevens claimed chek Gartley and several county to have prepared 46 fee petitions offices, including $7,293 in Au- on Oct. 31, each of which took one gust and $8,860 in October. hour to prepare. That’s not possiRules of legal ethics allow an at- ble given there are only 24 hours torney to charge for travel and in a day. She made similar claims time spent creating a bill, said at- for bills prepared in July and torney Sam Stretton of West March. Chester, an expert in legal ethics. In her email response, Stevens
MAP AREA SUSQUEHANNA RIVER
Wilkes-Barre
Source: Invoices submitted by Angela Stevens to the county
make sure there is a payment authorization and court order,” Griffith said. “If there is an affidavit from two people, one who is a judge and one who is an attorney who did the work, who am I to question it?” Floraalsosaidhedidnotreview the invoices because the money to pay the attorneys, while it was held in his account, was not his department’s money. He was simply the conduit through which the funds, which came from the county’s general fund, were disbursed. “All they were doing was utilizing a line item in my budget simply as a pass through so the invoices could get paid,” Flora said. “The court reviews the invoices for the purpose of determining the reasonableness of the bill.” Safeguards not utilized Pribula and Griffith said they were also upset because they believed Burke and Polachek Gartley were trying to deflect criticism by pinning blame on county officials for failing to follow suggestions the court made when setting up the fund. In the interview Tuesday, Polachek Gartley said she suggested to the county the attorneys hired be paid a set salary, but the county opted to go with an hourly rate instead. There also was no contract established that set the parameters for what were permissible and non-permissible charges, and no cap was placed on the amount an attorney could charge. Burke made note of Polachek Gartley’s recommendations in a memo he sent to Pribula on Wednesday seeking the forensic audit. Burke suggested the county revisit the court’s recommendation that the county engage lawyers on a fixed contract. “Judge Gartley has argued strenuously in the past that this approach would optimize meeting the goal of cost containment,”
Mark Guydish/The Times Leader
Burke said. Pribula said Thursday he was “livid” when he received the memo because that statement insinuates county management officials were somehow responsible for the issues with the fund. “They are trying to push it back on the county. Why the hell did they let it get out of control like this?” Pribula said. “They want to be autonomous, but when something blows, they want to blame someone else.” Told of Pribula’s comments, Burke said his intent was not to cast blame on county officials. He acknowledged there were issues with the court’s oversight of the fund. “There was a protocol in place. The court relied primarily on the attorney verification attached to the fee petitions. In hindsight, it’s realized perhaps there could be a system with better controls to review submissions,” Burke said. Burke said he believes issues with oversight arose partly due the tremendous workload the court, which was down three judges, carried in 2011. He noted that in addition to handling family court matters, Polachek Gartley was also heavily involved in criminal court cases, including several homicide trials. “You had an extraordinarily busy judge playing an administrative role in this area, coupled with a docket that was relentless in both family court and criminal court area,” Burke said. “Over the past two years, no judge in the history of this county has ever worked harder or taken on more responsibility.” Regardless of who was at fault, Burke said the key issue now is to audit the fund to determine if improper payments were made and to address changes that need to be made. “It’s evident that better controls should be in place regarding this process,” he said.
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The Times Leader timesleader.com
WILKES-BARRE, PA
DOUBLE BILLING FLAP
SATURDAY, FEBRUARY 25, 2012
50¢
Attorney blames error for many costs she submitted to county over representing parents
Lawyer Stevens could face state action “Our main goal is to make sure that if there was any action taken to defraud the county, this individual does not perform any work for the county and that we get our money back.”
By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
WILKES-BARRE – A Kingston attorney who admitted she double billed Luzerne County is virtually certain to come under investigation by the state Supreme Court’s disciplinary board based on information uncovered by a Times Leader investigation, an attorney whospecializesinlegalethicssaid. Attorney Sam Stretton of West Chester said Angela Stevens’ admission that she had made errors in some invoices would not prevent the board from taking action, “though it might mitigate any pun-
Vito DeLuca County solicitor
ishment imposed should she be found to have violated the rules of professional conduct.” Stevens also could potentially face criminal prosecution if it’s determined the overbilling was in-
vens’ billing practices involving a county fund that paid attorneys who represented indigent parents in Children and Youth cases. In the interim, county Solicitor Vito DeLuca said he will recommend the county discontinue utilizing Stevens in court-appointed cases until a full review is concluded. “Our main goal is to make sure thatiftherewasanyactiontakento defraud the county, this individual does not perform any work for the county and that we get our money
tentional, Stretton said. Luzerne County District Attorney Stefanie Salavantis on Friday said she is going to wait for the results of a forensic audit before deciding whether to investigate Ste- See BILLING, Page 12A
Griffith eyes in-depth audit of attorney’s time on cases ticed things that raised additional concerns regarding the accuracy of the bills. WILKES-BARRE – Luzerne He was particularly concerned County Controller Walter Grifby invoices approved by a Dec. fith said a forensic audit of attorney Angela Stevens’ invoices 14 court order, which he said totaled more than $14,000 for will look beyond double billing issues and scrutinize the amount work that was performed in October. of time she spent on cases. Many of those invoices for Griffith said he conducted a preliminary review of the some See STEVENS, Page 12A of the invoices Friday and noBy TERRIE MORGAN-BESECKER tmorgan@timesleader.com
Raup hits Leighton no-show at forum
STERLING HOTEL
A city official says key personnel did attend the presentation on gangs.
Wilkes-Barre’s refusal to overlook estimated $50,000 in fees holding up agreement to demolish structure.
By BILL O’BOYLE boboyle@timesleader.com
By JENNIFER LEARN-ANDES jandes@timesleader.com
WILKES-BARRE – City Crime Watch coordinator Charlotte Raup said Friday that gang-like activity in the city is on the rise and the mayor and police chief should have attended Thursday’s forum on the subject. Raup said and Raup said she more has seen kids more young people are wearing gang getting incolors when volved in she and other gang-like activity and the Crime Watch sooner the members problem is conduct their addressed, the better. nightly paRaup said trols. Thursday’s program at King’s College revealed a lot. She said it’s unfortunate Mayor Tom Leighton and Police Chief Gerard Dessoye weren’t there. “Absolutely they should have attended,” Raup said. “We see the kids wearing the colors and getting involved in small groups, which meets the definition of gangs. It’s happening and we better be taking it seriously.” Raup said she has seen kids wearing gang colors when she
WILKES-BARRE – Mayor Tom Leighton defended the city’s refusal to waive an estimated $50,000 in permit fees to demolish the Hotel Sterling. The fee waiver is one of the holdups finalizing a demolition agreement between the city, Luzerne County and the nonprofit CityVest, which owns the “Ninetylandmark structure at the corner of River and Mar- nine perket streets. cent of Luzerne County won’t start the complicated potential demolition design until developers that agreement is finalor invesized. County council mem- tors conbers are still weighing opcluded the tions on how to proceed with the building – pro- building viding $1million for demoutlived its olition, mothballing for possible future develop- usefulment or doing nothing. ness.” The county has a stake in Tom Leighton the property because W-B mayor CityVest is on the hook for a $6 million county community development loan on the project. If the county walks away, the city, which condemned the 114-year-old Sterling, could be forced to come up with the estimated $1 million for demolition, placing a lien against
W-B firm on fees for demolition
CLARK VAN ORDEN/THE TIMES LEADER
Kimberly Burnham, owner of Miss Kim’s Coffee 2 Go in West Pittston, reopened her coffee stand this week after being flooded in September. Below, Burnhamwaits on Joe Sciandra Friday at her refurbished coffee business.
Coffee 2 Go open but must go Flooded West Pittston business reopens temporarily. By ANDREW M. SEDER aseder@timesleader.com
pened her business, located at 200 Wyoming Avenue, and customers – both old and new – were eager to get their fill of caffeine and pastries. But her stay will be temporary.She has been notified the rented lot her business is located on will be leased to another tenant and she’ll be forced to find a new location. Until then, customers are flocking to the corner of Wyoming and Exeter avenues to see Burnham brewing and back in business. Bob Marcy, of neighboring Exeter, used to stop every oth-
WEST PITTSTON – In September Kimberly Burnham’s business, Miss Kim’s Coffee 2 Go, lay on its side, lapped by Susquehanna River floodwaters. An entanglement with a power line attached to a nearby business is the only thing that kept it from being swept down river. This week Burnham reo- See COFFEE, Page 12A
See GANGS, Page 12A
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See HOTEL, Page 12A
Oil prices nearing highs of 2011 as tensions increase over Iran By CHRIS KAHN AP Energy Writer
ternational inspectors this week for the second time this month. The United Nations To see additional said Friday that photos, visit Iran has responded www.times to the recent scrutileader.com ny by speeding up production of higher-grade enriched uranium, feeding concerns that it is developing a bomb.
NEW YORK — Oil prices are approaching last year’s highs as tensions increase over Iran’s nuclear program. The rise pushed gasoline prices on Friday to a national average of $3.65 per gallon, the highest ever for this time of year. Western nations fear Iran is building a nuclear weapon and have been trying to force it to open its facilities to inspection. Iran has refused, turning away in- See GASOLINE, Page 12A
AP PHOTO
The national average price for a gallon of gasoline jumped by nearly 12 cents per gallon in a week.
User: jhealey Time: 02-24-2012 23:41 Product: Times_Leader PubDate: 02-25-2012 Zone: Main Edition: Main_Run PageName: news_05 PageNo: 12 A
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PAGE 12A SATURDAY, FEBRUARY 25, 2012
GASOLINE Continued from Page 1A
As both sides dig in for a protracted standoff, investors are snapping up oil contracts in case fighting breaks out in the heart of the one of the world’s biggest oil-producing regions. “Everyone’s pricing in the potential for war now,” independent analyst Stephen Schork said. “Without a concrete resolution, nobody knows how high this can go.” Israel hasn’t ruled out an attack on Iran, and Iran has said it is ready to strike preemptively, possibly target-
ing the Strait of Hormuz, if it is threatened. The Persian Gulf passageway is a potential choke point for oil supplies. One-fifth of the world’s oil tankers pass through it every day. On Friday benchmark West Texas Intermediate crude rose by $1.94 to end the week at $109.77 per barrel in New York. Brent crude rose by $1.85 to finish at $125.47 per barrel in London. WTI peaked near $114 a barrel last May, while Brent rose above $126 per barrel. The price of gasoline, which is made from crude oil, has soared with oil prices. The national average jumped by nearly 12 cents
per gallon in a week, with state averages above $4 per gallon in California, Alaska and Hawaii. In Pennsylvania, AAA Mid-Atlantic reported the retail average price per gallon at $3.70 and heading higher. Pennsylvania is expected to be the biggest gas price hotspot in the country, with dramatic increases possible in the spring due to local refinery shutdowns and other factors, AAA said.AAA analysts are forecasting March 15 through May 15 will be a critical time to watch gas prices. Consumers could pay up to $4.25 a gallon. Tom Kloza, publisher and chief oil analyst at Oil Price
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Information Service, said pump prices will add at least another 10 to 15 cents per gallon in coming days to reflect a recent jump in wholesale markets. At $3.65 per gallon, gasoline is still below last year’s high of $3.98 and the record $4.11 set in 2008. Kloza says pump prices are on pace to top both of those in coming months. He thinks gasoline will climb as high as $4.25 per gallon by late April. The rise will weigh on the economy, pushing leisure and business travel costs higher. Every one-cent increase in the price of gasoline costs the economy $1.4 billon, analysts say. Gasoline has become a
THE TIMES LEADER major political issue this year as prices tick higher. Some lawmakers have called on the Obama administration to release more oil from emergency stockpiles in the Strategic Petroleum Reserve, but analysts say that would be ineffective. The government tried that last summer after the Libyan uprising shut down that country’s oil fields. Prices dipped slightly but eventually rebounded. Independent oil analyst Andrew Lipow pointed out that the U.S. has adequate oil supplies right now, and a release of reserves wouldn’t make much sense. “It’s just unclear how this plays out,” Lipow said.
HOTEL the property to recoup its costs when the site is developed.
GANGS Continued from Page 1A
and other Crime Watch members conduct their nightly patrols. Raup said Crime Watch members often stay out late into the early morning hours and see a lot of suspicious and criminal activity going on in the city. “Maybe some of them are gang wannabes,” she said. “But they are wearing the colors and they are getting involved with ganglike activity.” Drew McLaughlin, the city’s administrative coordinator, said the police department and the administration are working on the
TIMES LEADER FILE PHOTO
The site of the Hotel Sterling in Wilkes-Barre. The city’s refusal to waive fees to raze the building is holding up demolition.
meant to offset the city’s costs for demolition inspections and police and fire personnel who must be present during demolition at one of the “busiest blocks in the city,” he said. Leighton said the county must “step up
problem. He said the city “was well-represented” at Thursday’s gang summit by the city’s three school resource officers. “They are the ones who work every day in the city’s three public high schools,” McLaughlin said. “Given the nature of the summit on gangs in the schools, these three officers were best equipped to offer insight to the public and the presenters as well as take away information to use in their assignments in the city schools.” McLaughlin said Greg Barrouk, the city’s economic development coordinator, also attended the forum as a senior member of the mayor’s administration. “They were directed to attend
COFFEE Continued from Page 1A
er day. He said he’s “proud of her” for reopening after such a horrific event. “I’m very happy that she’s back. We missed her and it means a lot to the community,” Marcy said. “It’s still like a ghost town around here.” Parts of West Pittston were inundated by floodwaters after heavy rains swelled the Susquehanna in September. Like other river communities – Pittston,
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The law office of Pyrah and Stevens Law Firm is located on Pierce Street, Kingston. Angela Stevens’ bills to Luzerne County are being questioned.
back,” DeLuca said. Stevens, a partner in the law firm Pyrah/Stevens, has come under scrutiny after a story in Friday’s Times Leader detailed dozens of instances in which she double billed the county for delivering fee petitions to the courthouse for work she performed representing parents. A reporter who reviewed 469 invoices Stevens submitted in 2011 discovered she repeatedly charged a travel fee for each fee petition she filed on behalf of a client, allowing her to collect as many as 38 individual fees, even though the petitions appeared to have been delivered on
STEVENS Continued from Page 1A
that month, which were among more than 400 reviewed by The Times Leader, contained little to no information regarding work that was performed for clients, only charges related to the preparation and/or delivery of fee petitions. Stevens was among 18 attorneys
by Mayor (Tom) Leighton and Chief (Gerard) Dessoye who both could not attend due to other commitments,” McLaughlin said. “Chief Dessoye attends multiple trainings, seminars, and forums on gangs throughout the year which certainly informs the deployment and strategies of the Wilkes-Barre Police Department.” McLaughlin said the city’s first line of defense against violence in the schools -- whether it is gangrelated or not -- is the school resource officer who is a daily presence and proactive security measure in the school district. He said the city’s community policing officer also meets with school-age groups frequently to
West Nanticoke, Plymouth and Shickshinny – millions of dollars in damage was left behind when the water receded. According to emergency management officials, nearly 630 West Pittston homes had basements flooded, more than 230 homes had first-floor flooding, 16 homes had second floor damage, 50 homes had structural damage and 26 businesses were displaced. The coffee business, which opened in 2004 and was purchased by Burnham three years later, was among the casualties. The mobile trailer it operates out of was knocked on its side, its contents
BILLING
and make a decision” quickly because the building is a fire hazard that continues to attract the homeless. CityVest’s insurance on the property will expire in November. He believes it’s likely the nonprofit will file for bankruptcy if the county doesn’t
The spiking cost of oil is pushing gas prices to inflation-adjusted levels that could exceed the oil crisis of the late 1970s-early ’80s and could top more recent highs. Regular gasoline, price per gallon Monthly, in 2012 dollars Ford Carter
Reagan
damaged or destroyed. If the trailer “broke free from the electrical wires, it would have wound up in Harrisburg or somewhere down (stream),” Burnham said. But she vowed to reopen. “I did not give up. I didn’t know how, I didn’t know when but there was never a doubt in my mind that I would reopen,” said Burnham, who lives in Shavertown but who had resided on Luzerne Avenue in West Pittston. She had no insurance so she spent some of her savings and, through the generosity of friends and family, she got
a single trip. All told, Stevens was paid $144,554 in fees in 2011, of which at least $38,517 was solely for time she spent delivering and preparing fee petitions. In an email to the newspaper Thursday, Stevens said travel time was included on each invoice as “a matter or course” and that she intended to adjust invoices when they were delivered in groups, but failed to do so. She said the error was an oversight and that she plans to contact the county to rectify the errors. Stretton, a former chief counsel for the disciplinary board who has represented thousands of attorneys charged with ethical misconduct, said Stevens’ actions appear tobeaclearviolationofrulesofprofessional conduct. Attorneys are
retained by the county last year to represent parents whose children were taken by Children and Youth Services. The attorneys were paid $55 per hour and required to submit monthly fee petitions detailing the hours they worked. Griffith began reviewing Stevens’ invoices in response to a Times Leader investigation that revealed she had double billed the county for delivering fee petitions to the courthouse on dozens of invoices.
Stevens has admitted mistakes were made on some of the invoices and has vowed to rectify the errors with the county. Griffith said he wants Stevens to reimburse the county for all travel charges, not just the duplicates, because he does not believe travel should have been a permitted expense. He said he does not know if the county can prevail on that issue, however, since there were no guidelines set regarding what were permissible and
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costs and liability. McClosky Houck said she believes it’s in the city’s “best interest to make it a little more appealing for the county to take this over.” “They’re free to take any stand they want, but likewise, council is free to make any decision it wants,” she said. “The county doesn’t have an obligation to be involved unless council chooses to, and the city can hold firm on whatever stance it wants to.” Council Chairman Jim Bobeck said he believes the county must obtain an appraisal of the Sterling property with and without the structure for a realistic projection on the net proceeds that may be expected to help repay the county investment. Further negotiations with the city are needed, he said. “I have serious reservations on the city of Wilkes-Barre’s position in this matter,” Bobeck said, referring to the fee waiver disagreement. Councilman Eugene Kelleher said he believes the city should waive the permit fee because Wilkes-Barre stands to gain if the site is cleared for new development that will generate tax revenue and help with revitalization.
know these kids,” Raup said. At Thursday’s, FBI agent D. Darell Dones told the audience to watch for signs like Raup has noticed. Dones said changes in a child’s behavior, the wearing of certain colors, and having unexplained cash, jewelry or clothing could be signs of gang involvement or influence. Brian Lavan, a former city police officer who is director of police operations and security for the Wilkes-Barre Area School District, said the district does not have a problem with the presence of gangs that affects the daily operations of the schools. But Lavan said the district’s students are influenced by gangs. On Feb. 9 an assault with a ma-
it cleaned up, disinfected and restocked. Through sheer determination, coffee is brewing once more. But it may be a good thing she runs a business out of a mobile trailer, because she’ll be on the move soon. The property her trailer sits on is owned by Dr. Frank Colella, a chiropractor whose neighboring business sustained heavy flooding, forcing him to move his office to the Main Street Commons Building at 135 S. Main St., Pittston. A message left for Colella at his office was not returned Friday. She said she’s not sure how much
permitted to charge for travel, but they can’t charge the full amount to multiple clients for a single trip. “That she said it was an accident … that would not change the violation. It might mitigate it to some extent,” Stretton. Stretton said, based on information The Times Leader provided, he believes if a complaint is filed, Stevens would face a difficult challenge in defending her position, given the dozens of times she double billed. “I think she would have a hard time standing up on cross examination. You knew you put the same time for every time. When were you going to adjust it? How was that an oversight?” he said. DeLucasaidhealsoissuspicious of Stevens’ explanation. If it was an error, he questioned why no one in
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‘Outlived its usefulness’ Leighton said mothballing would be a bad investment because CityVest already “aggressively and actively marketed” the property to potential developers. “I must’ve been involved in 25 tours myself. Ninety-nine percent of potential developers or investors concluded the building outlived its usefulness,” he said. “This building cannot be saved.” County commissioners had allocated the $1 million for demolition with the belief the county could recoup some of its investment on the resale of the vacant land. Council Vice Chairwoman Linda McClosky Houck said there’s not a “firm” majority prepared to proceed with demolition, and she’s among several questioning whether the county should take on further
educate them on security issues and the dangers of gangs. “The city at times conducts increased patrols in and around city school zones and the citywide surveillance camera network covers all of the city schools, parks and playgrounds where schoolage gang violence and other issues are most likely to occur,” he said. Raup said she talks with young people all the time. She said some of them have told her about how they have been approached by others trying to recruit them for gang membership. Raup said she has noticed behavioral changes in kids. “We’re in the neighborhoods; we’re watching these kids; we
www.timesleader.com
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take the property off its hands. The property would then be frozen and continue to deteriorate until the city could obtain funds for demolition, he said. The county would be tied up in bankruptcy court for years to try to recoup some of its investment in the project, he predicted. The mayor said the county has the means to demolish the building because $1 million in community development funds was set aside by prior commissioners.
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Tight city finances Leighton said the city doesn’t have that kind of money, and he believes it’s the county’s responsibility to rectify the situation because the Sterling project was between the county and CityVest. “This is their project, their partnership with CityVest,” Leighton said. The city has no financial stake but committed roughly $250,000 in state gaming funds toward the demolition, Leighton said. The city could have used that money for other projects, he said. Wilkes-Barre is also paying $5,000 a month for traffic barriers erected around the Sterling as a safety precaution when it was condemned, Leighton said. “We’ve stepped up. Nobody wants to acknowledge what we’ve done to assist in the project. We’re just as poor as they are,” Leighton said. The permit fee would be part of the bids submitted by demolition contractors and
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chete nearly severed the left hand of a 15-year-old GAR student. Police have been investigating whether the incident that occurred in the neighborhood of the school was gang related. The machete attack occurred during a fight between groups of teens of Dominican and African-American heritage. Police charged a 16-year-old boy as an accomplice in the assault. They are looking for the 19year-old man who allegedly swung the machete. State Sen. John Yudichak, who co-sponsored the forum, said that incident brought more public attention to Thursday’s gang forum. At least 250 people attended it.
longer she’ll operate from her current location but said she’s looking for available lots in the West Pittston/Exeter area. “I’d really like to stay, West Pittston’s been good to me,” she said. Looking around the neighborhood she’s in, Burnham said she’s constantly reminded of the flood’s lasting impact. The Ace Cleaners across the street is not likely to reopen, she said, adding that a few nearby homes and businesses are also either vacant or up for sale. “It’s like the flood still hasn’t gone away. It’s very sad,” Burnham said.
C O U N C I L L E A D E R S S TAT E M E N T “The Luzerne County Council is calling for an immediate external and independent forensic audit of the Luzerne County Court expenditures in light of the revelation of billing errors during 2011. We also look for an efficiency study of all Judiciary practices and procedures to prevent such errors in the future. We who represent and work for the citizens of Luzerne County expect accurate and appropriate invoices for all services provided, and impropriety cannot
and will not be tolerated on our watch. The County Council looks to shed light on all County operations, so we ask and encourage all court and county employees to be vigilant and scrupulous regarding matters such as this and to report any irregularities to the County Manager for prompt investigation.”
her office picked up on it, given the amount of money she earned. Stevensandotherattorneyswho represented parents were paid $55 per hour. At $144,554, Stevens would have had to work 50 hours per week, every week, for 52 weeks
to earn that much. “If I had a client and I’m half way through the year and I’ve received $75,000, and I’m only billing $55 an hour, that might raise a red flag there may have been a mistake in billing,” DeLuca said.
non permissible charges. Griffith said he is conducting an initial review of the paperwork, but he may seek an outside firm to conduct the full forensic audit based on concerns that the investigation may turn into a criminal matter. Forensic audits must be performed by a certified public accountant in order to hold up should criminal charges be filed, he said. He has been forced to lay off the only CPA in his office due to budget cuts.
Chair Jim Bobeck Vice Chair Linda McClosky Houck
“If it becomes a criminal matter we won’t have anyone certified to testify. I don’t want to have all this hard work done and have someone shoot us down because we did not have someone certified to do the audit,” he said. Regardless of who conducts the audit, Griffith said the review will also include an examination of the invoices submitted by the 17 other attorneys who also were paid from the fund to ensure there were no other billing irregularities.
Racing through fire and water
School shooting leaves 1 dead
Daytona first delayed by rain, then an on-track inferno.
Teen described as ‘outcast’ opens fire in Ohio school.
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The Times Leader timesleader.com
WILKES-BARRE, PA
G O P C A M PA I G N
TUESDAY, FEBRUARY 28, 2012
Main rivals already looking beyond today’s clashes in Michigan and Arizona; Gingrich, Paul pressing on
Romney, Santorum eyeing up Ohio
Finding ex-senator to their taste
By THOMAS BEAUMONT Associated Press
FLINT, Mich. — Regardless of the outcome of Republican presidential primaries today in Michigan and Arizona, Mitt Romney and Rick Santorum appear headed for a showdown next week in Ohio. Both candidates plan to dash there later this week. The candidates and their allies already are spending heavily on advertising in the Buckeye State. It’s one of 10 that vote a week from today, with 419 delegates to the Republican National Convention at stake. “An awful lot of Ohioans are just tuning in to this,” said Terry Casey, a veteran Republican cam-
By BILL O’BOYLE boboyle@timesleader.com
paign strategist in that state. “It’s going to be a sprint.” Beyond Ohio, Romney was looking to contests in the West while Santorum focuses on the South. Rival Newt Gingrich, seeking to inject momentum into his struggling bid, was working to make his stand in his former
KINGSTON -- Jimmy Zambito is pulling for Rick Santorum. And Zambito doesn’t appear to be alone. “He has the least amount of baggage,” Zambito, the owner of Tony’s Restaurant said Monday while cooking up lunches for his regulars. “He’s what America is about, but seems to have forgotten. We have to get back to the basics.” Zambito pointed to a collage of pictures taken in his restaurant of the former Pennsylvania senator who is making a serious run for the Republican presidential nomination. But does Santorum, a far-right Republican
See RIVALS, Page 10A
See SANTORUM, Page 10A
Romney
Santorum
DON CAREY/THE TIMES LEADER
Jimmy ‘Tony’ Zambito speaks with a reporter at his restaurant in Kingston.
Water rushes from a fire hydrant at the intersection of Church Street and Wyoming Avenue in Kingston after it was struck by a car Monday afternoon around noon. Emergency personnel attend to a woman involved in the crash in the upper left of the photo. Kingston police said the car struck the hydrant after it collided with a second vehicle at the intersection. There was a driver and a passenger in each vehicle, and one person from each vehicle was injured, but only the woman seen on the stretcher was transported to a hospital; the other injured person declined transport. Additional information was unavailable.
It’s still uncertain which county workers will be laid off Luzerne County government layoffs are supposed to take effect Thursday, but one union official said she’s still uncertain which employees will be affected. “I was given a tentative list of layoffs which I thought was official, only to find out it’s been changing on a daily basis,” said Paula Schnelly, of the American Federation of State, County & Municipal Employees, or AFSCME, union.
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Schnelly said she has been informed that some people on the list may not be laid off. Workers who may lose jobs because of union bumping rights also are unaware because the bumping process has not been completed “by no fault of the union,” she said. Employees in AFSCME’s court-related union have the right to claim the same position in certain other offices if that position is held by an employee with less seINSIDE: Public defender seeking assistant, Page 7A
niority. County Interim Manager Tom Pribula said he would not comment on layoffs until he briefs county council about the process before tonight’s council meeting. Pribula said he will soon publicly release a layoff summary. The county’s 2012 budget requires an estimated 56 layoffs in addition to the elimination of 23 jobs due to retirements, terminations and home rule’s See LAYOFFS, Page 7A
Area House hopefuls pull petitions Mailloux, McCabe drop out By ANDREW M. SEDER aseder@timesleader.com
Two potential candidates for the state House said Monday they will withdraw their nominating petitions and drop out of their respective races. 2012 A Wilkes-Barre ELECTION city employee challenged the petition filed by resident Pete Mailloux in state court, claiming that since the Fairview Township resident doesn’t live in the 121st Legislative District, he can’t run for the House seat represent-
Official told of concerns in Nov.
By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
DON CAREY/THE TIMES LEADER
By JENNIFER LEARN-ANDES jandes@timesleader.com
BILLING PROBE
Ex-client of attorney Angela Stevens raised overbilling suspicions last year.
Two injured in Kingston collision involving 2 cars, hydrant
Fifty-six layoffs are set to take effect Thursday, but union official says list is changing.
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Lau, of Wilkes-Barre, works in the city’s Information Technology department and challenged Mailloux Mailloux’s petitions claiming that Mailloux lives outside the district. A state court determined that redistricting maps approved by the Legislative Reapportionment Commission were unconstitutional and a federal court denied an attempt to prevent the 2001 boundaries from being used this
ing its residents. And two West Side residents challenged signatures on the petition filed by Frank McCabe, who was planning to run against Phyllis Mundy in the Democratic primary for the 120th District seat. “It appears that the best thing for me to do would be to withdraw,” said Mailloux, who owns a medical equipment company in Mountain Top. He said the legal challenge, made by Louis Lau, had merit based on what’s happened with the state’s botched attempts at redistricting its 203 House and 50 SenSee CANDIDATES, Page 10A ate district boundaries.
WILKES-BARRE – A county official was advised in November that a former client of attorney Angela Stevens believed she had overbilled for work on his case, but no one checked her invoices to determine if there were any irregularities. Robert Mawson told The Times Leader on Stevens Monday that he contacted former county commissioner Stephen A. Urban about excessive hours he believed Stevens had charged for representing him in his fight against a petition that sought to terminate his rights to his two children. Urban said Monday he contacted county solicitor Vito DeLuca about the case, but never took his inquiry further because he believed DeLuca had handled the matter. DeLuca acknowledged he spoke to Urban about Mawson, but said the discussion focused on another issue with the case. He does not recall Urban mentioning any billing concerns, therefore he never sought to review Stevens’ invoices. Issues with Stevens’ bills did not come to light until last week, when The Times Leader See CLIENT, Page 10A
Stevens’ firm contracts out for own audit By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
WILKES-BARRE – A Kingston attorney who admitted to double billing the county notified Luzerne County officials on Monday that her firm has hired an independent auditor to conduct a forensic audit of her billings. Angela Stevens of the Pyrah/Stevens law firm wrote to Interim County Manager Tom Pribula to advise him her firm, at its own expense, has contracted with Forensic Solutions Inc. to conduct the review. Stevens’ announcement came the same day that the county authorized a legal ad seeking request for proposals from auditing firms to audit the fund from which Stevens and 17 other attorneys were paid. County solicitor Vito DeLuca said Stevens is free to contract her own audit, but he does not believe that will impact the county’s decision to conduct its own review. See AUDIT, Page 10A
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reported the results of an investigation that showed Stevens had repeatedly double billed the county for travel to the courthouse in 2011. Stevens, of Kingston, has admitted she made errors regarding the travel charges. The county is in the process of obtaining proposals from outside accounting firms to conduct a forensic audit of the account from which Stevens and other attorneys were paid. Mawson, 40, of Pittston, said he thought county officials looked into the matter when he first reported his suspicions. County records show Stevens submitted two bills for work she performed on Mawson’s case in March and April, one for $3,360.50 for 61.1 hours of work, and a second for $605 for 11 hours. She was paid $55 per hour. Mawson said he questioned how Stevens could have charged so much for his case, given that she withdrew from representing him before the termination hearing was even held. He said he learned about the charges after Stevens mentioned the amount at the hearing before a judge who had to decide whether to let Stevens withdraw. “She charged the county ... and didn’t even represent me,” Mawson said. “I could see if she went the duration, but she withdrew as counsel.” A review of Stevens’ billings for April show Mawson had cause to question the charges.
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“There’s a little bit of a conflict there to have a person accused of billing errors have their own forensic audit. That’s ridiculous,” DeLuca said. “I have no problem with her paying the bill for it, but it’s something that should be handled independently by the county and the courts.”
CANDIDATES Continued from Page 1A
year. Under the 2001 maps, which likely will be used again this year, Fairview Township is in the119th District, now represented by Rep. Gerry Mullery, D-Newport Township. Mailloux, a Republican, chose not to solicit petitions in the 119th because another Republi-
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Based on Mawson’s claims, a reporter reviewed all charges Stevens submitted for eight dates in April on which she claimed to have worked on Mawson’s case. The invoices show on April 18 Stevens charged the county for 23.8 hours of work on six cases, of which 16.1 hours were for Mawson. On April 21, Stevens charged for a total of 22.9 hours for nine cases, of which 8.7 hours were for Mawson. The other six dates also show long hours, ranging from 12 hours on April19 to17.4 hours on April 28. All work was directly related to the cases, such as preparation of documents, meeting with clients and telephone calls. Stevens did not immediately respond to an email sent Monday evening to her law partner, James Pyrah, that sought an explanation for the April charges. Urban, now a county councilman, said he met with Mawson after he contacted him to complain about Stevens’ representation. Part of the conversation focused on her billing, Urban said. “He said she didn’t spend as much time on the case that she billed for,” Urban said. Urban said he contacted DeLuca and asked him to look into the matter. “I asked him to look at the bills because this guy was complaining. He didn’t believe he received the appropriate level of service,” Urban said DeLuca said his recollection is that Urban focused on a separate concern Mawson raised – which turned out to be unfounded – regarding the attorney who was representing Mawson’s ex-wife. He does not recall Urban saying
anything about billing irregularities. “There was no allegation of any type of billing issue,” DeLuca said. “That is something I absolutely would follow up on.” Stevens was among 18 attorneys the county retained last year to represent parents who face having their rights to their children terminated. The attorneys were paid from a special fund, which was established in 2011, held by the Public Defender’s Office. Stevens was paid more than $144,000 from the fund, of which at least $38,000 came from travel time she charged to deliver her invoices to the court for payment. The Times Leader’s investigation showed she charged a
separate travel fee for each petition she delivered, even though they appear to have been delivered in one trip. County and court officials have struggled to explain why no one caught the issues with Stevens’ billings. Judge Tina Polachek Gartley, who approved the payments, acknowledged she never checked invoices for accuracy. Controller Walter Griffith said he did not review them because he thought the courts had done so. DeLuca said there’s a lot of “finger pointing” going on since the story broke. He said he believed he handled the situation appropriately, given the information he had at the time. “I had no involvement with the payment process. Whether or not it should have been caught sooner, I believe everyone involved agrees it should have been. It should have never happened to begin with, but it did,” DeLuca said. DeLuca said, at Urban’s request, he obtained a report on the total amount that was paid to Stevens as of November, which at the time was around $98,000. DeLuca said he thought the amount was high, but he was not suspicious because he felt that was largely due to the fact Stevens handled many more cases than other 17 other attorneys. DeLuca said he also knew the bills had been approved by a county judge, and had also been reviewed by Chief Public Defender Al Flora and Griffith. “I had no reason to believe any investigation I would have done at the time would turn up anything. It had already gone through the courts and the controller,” DeLuca said.
The county is seeking the audit based on the findings of a Times Leader investigation that showed Stevens, who was appointed to represent parents in danger of losing their parental rights, repeatedly double billed the county for travel time to deliver invoices for work she performed to the courthouse in 2011. In her letter, Stevens said she had forwarded all billing records relating to the county from June 2010 through December 2011 to
Forensic Solutions. “Our office has no prior relationship with this company. We also intentionally selected a firm outside of the county. In this manner, the county can be assured that the process shall be objective,” Stevens said. The letter does not indicate where the firm is located. An Internet search for Forensic Solutions revealed a firm by that name in West Fargo, N.D. It could not be confirmed Monday wheth-
er that is the firm Stevens has hired. Stevens said the law firm will share the conclusions of the audit with the county once it is completed “in the hope that we can promptly rectify any errors they should identify.” “We remain committed to working with you to resolve this matter and we sincerely regret any inconvenience this issue has caused the county and the court,” Stevens said.
can, Rick Arnold, of Rice Township, was already declared. Arnold narrowly lost to Mullery two years ago. “It would have been counterproductive to run against Rick Arnold,” Mailloux said. McCabe, an assistant Luzerne County district attorney from Kingston, faced challenges to his petition filed by Charles Jackson of West Wyoming and Anthony Perzia of Luzerne. With only 325 signatures, the challengers argued that fewer
than the 300 required by law would survive validation. McCabe agreed, saying he did not want to incur legal fees and take the time it would take proving the validity of every signature. “It’s disappointing, but it’s the democratic process and I have to deal with it,” he said. He blamed a late decision to enter the race as the reason he failed to collect a challenge-proof number of signatures. With McCabe out of the pic-
ture, Mundy’s only challenger is Republican Aaron Kaufer of Kingston. With Mailloux dropping his bid, Rep. Eddie Day Pashinski, DWilkes-Barre, will have no Republican challenger on the ballot this fall, though a third party or write-in candidate is possible. That Legislative Reapportionment Commission was slated to meet today in Harrisburg, but on Monday the commission announced its meeting has been postponed until Friday at 1 p.m.
• Police said they cited Elio Lucero, last residing on Waller Street, with public drunkenness while investigating a disturbance on Henry Street at 12:54 a.m. Monday. Police said Lucero was jailed at the Luzerne County Correctional Facility on a detainer by U.S. Immigration and Customs Enforcement. • Allison Schenk, of South River Street, reported Sunday an iPod, iPod Classic and a Nook reader were stolen during a burglary at her residence.
HANOVER TWP. – Township police reported the following: • Olivia Herrera, of Boland Avenue, reported Monday her burgundy 1998 Volkswagen Passat, Pennsylvania license HNA-5202, was stolen from the area of Vine Street sometime from January to Monday. • Arainia Brewer, of Mark Drive, reported a .40-caliber Smith and Wesson handgun was stolen from her residence. The firearm was last seen on Saturday.
• David Griffith of East Elm Street was charged with public drunkenness Saturday after he was involved in a domestic WILKES-BARRE – City dispute with his roommate police reported the following: • William Wilk of Jesse Road, around 6:25 p.m., police said. He was taken into custody and Kingston Township, was transported to police headcharged with public drunkenness while he was intoxicated quarters. • Mathew Morgan, of North on Public Square, where, police Main Street, reported Sunday a said, he was yelling and at.35-caliber rifle, a .22-caliber tempting to fight other people rifle and money were stolen around 1:50 a.m. Sunday. Wilk during a burglary at his resiwas arrested, taken to police headquarters and later released. dence.
A LAWYER’S LONG DAYS Invoices submitted by attorney Angela Stevens to Luzerne County for legal work - excluding travel time delivering bills had high total hours. April 18, a work day in the life:
Client 1 2 3 4 5 6 TOTAL
Hours 16.1 1.3 3.3 0.2 0.6 2.3 23.8
Other high-hour days: Date Cases Hours April 19 6 12.4 April 20 5 12 April 21 9 22.9 April 22 6 13.8 April 25 7 15.2 April 26 9 15.3 April 28 5 17.4 Mark Guydish/The Times Leader
THE TIMES LEADER
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home state of Georgia and nearby Southern states that also vote on the mega-contest day of March 6. The former House speaker told reporters Sunday: “We hope to win in Georgia, we hope to do well in Oklahoma and Tennessee. We may surprise people in Idaho. We think we have a real fighting chance in Ohio.” Ron Paul also planned events in upcoming states, showing no willingness to abandon his quest to rack up enough delegates to ensure his followers have a voice at the late-summer convention and that the Republican Party that once spurned him welcomes him back into the fold. All of the divergent strategies suggest the race could go deep into March — if not beyond — without giving any of the candidates a significant edge. It’s a scenario that all the candidates are anticipating. “Look, this is going to be a long race, and there’s going to be some ups and downs,” Santorum, a former Pennsylvania senator, said Sunday on ABC’s “This Week.” On “Fox News Sunday,” Romney, a former Massachusetts governor, chimed in with: “How long the process goes on, I think it’s hard to predict.” Gingrich argued that a drawnout campaign would give states like California, which holds its primary June 5, a large role in the nominating contest. Heading into Tuesday’s contests, Romney leads in the race to amass the most delegates with 123. Santorum has 72, while Gingrich and Paul have 32 and 19, respectively. The totals include endorsements from Republican Na-
SANTORUM Continued from Page 1A
who stands strong on social and family issues, really have a chance to win the White House? “I truly believe the independents out there will vote Obama out,” Zambito said. “A lot of people have the country at heart. Morality is what this country stands for – old school – that’s America.” Tom Tobin of Franklin Township pulled up a seat at the counter and joined the conversation. He’s supporting Santorum “as of right now.” “I think half the country is waiting for that guy from New Jersey to jump in the game, and he might,” Tobin said, referring to Gov. Chris Christie. Tobin said he likes everything Santorum is saying. “There’s no doubletalk,” he said. “He’s got to stick to his plan.” And he doesn’t like Mitt Romney, the guy Santorum is trying to wrest the GOP nomination from as the campaign settled in Michigan today for a crucial primary vote. “He has too much money,” Tobin said of Romney. “He’s not one of us.” Zambito shot back, “I have money and I’m one of us. But really, anybody but Obama.” Tobin said Romney looks like he’s worried, not a good image to
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tional Committee members who will automatically attend the party’s national convention and can support any candidate they choose. A candidate needs 1,144 delegates to secure the nomination. Arizona and Michigan each lost half their delegates for holding contests before March 6. Whoever wins Arizona, where polls show Romney with a lead, will get all 29 of the state’s delegates. But Michigan will divide its 30 delegates by giving 2 to the winner of each of the 14 congressional districts in the state. The final 2 delegates are awarded in proportion to the statewide vote, probably to the top two candidates, if both get more than 25 percent of the vote. Washington’s caucuses are Saturday, when 40 delegates are at stake, followed by Super Tuesday contests in Alaska (24), Georgia (76), Idaho (32), Massachusetts (38), North Dakota (28), Oklahoma (40), Ohio (63), Tennessee (55), Vermont (17) and Virginia (46). Also, Wyoming Republicans will hold county conventions from March 6 through March 10, with 12 delegates up for grabs. After Tuesday, Delaware is the only state that awards all of its delegates to the one candidate who wins the popular vote, giving every candidate a chance to add to their totals. With Gingrich the home-state favorite in Georgia, the state offering the most delegates on Super Tuesday, Romney and Santorum were turning to Ohio, the state with the second-biggest Super Tuesday cache. Romney was expected to head straight there from Michigan on Wednesday. Santorum wasn’t even waiting until the votes were counted and planned to go to nearby Toledo today. project. He said Santorum, on the other hand, looks like a man on his way to the top. Ted Wampole of Wilkes-Barre supports Santorum, but he doesn’t agree with all of his convictions. “A lot of what he says resonates with the mood of the country,” Wampole said. “He doesn’t believe in the absolute separation of church and state, and I agree with that. He believes in less government intrusions and he believes it takes a family to raise a child, not a village.” Wampole believes Santorum has a chance to win the GOP nomination. “Right now, everybody has a chance,” he said of Romney, Santorum and former House Speaker Newt Gingrich. “I like Santorum, but he has a tough road ahead and not as much money as Romney.” Wampole finds Santorum likeable, but acknowledges the candidate has detractors. “You either like him, or hate him,” he said. “He is a polarizing candidate who represents the far right, and I don’t think that’s a bad thing.” Wampole also wants to see Pennsylvania voters have a voice in the election process. The Pennsylvania primary is scheduled for April 24, but a partisan battle over redistricting could see the primary moved.
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WILKES-BARRE, PA
THURSDAY, MARCH 1, 2012
59 county workers out Forty of those to be laid off union members By JENNIFER LEARN-ANDES jandes@timesleader.com
Luzerne County officials estimated the number of layoffs at 67 during Tuesday’s county council meeting, but a detailed review Wednesday of documents from multiple county officials shows a total 59 employees are actually impacted. Former interim county Manag-
salary guaranteed until his elected term expires at the end of 2013. Home rule eliminated the post in response to complaints it was a noshow, do-nothing job. Bonnie L. Markowski had already resigned as the Democrat jury commissioner. The county will save $2.79 million in salaries plus benefits through the layoffs and job eliminations, Pribula reported to coun-
rule also are factored in. For example, an executive assistant post is cut because former commissioner executive assistant Nancy Kelly resigned last week after obtaining other employment. Another job cut stems from Frank Semanski’s resignation as Republican jury commissioner effective today. Semanski is giving up a $10,113 See LAYOFFS, Page 12A
INSIDE: • New county manager meets officials, 12A • Moon Lake Park to be closed on weekdays, 12A
er Tom Pribula said the number released Tuesday was an estimate, but he’s certain the total net job reductions will be 80 when terminations, resignations and the elimination of row offices under home
yle Manfre kisses his baby sister, Brynlee, on the head as her father, Wesley Manfre, and mother, Elizabeth Manfre, of Luzerne, look on at Geisinger Wyoming Valley Medical Center in Plains Township. Brynlee was the first leap year baby born in Luzerne County on Wednesday. For the story, see Page 3A.
By EDWARD LEWIS elewis@timesleader.com
tification of her attacker, Mieczkowski, 30, is questioning why there hasn’t been an arrest. Two months after the vicious attack in the early-morning hours on Jan. 1, Mieczkowski said her patience is wearing thin with the Luzerne County District Attorney’s Office. “I identified the girl two days after this happened,” Mieczkowski said during an interview at her home on Wednesday. “And I identified her from surveillance (video) a month after it
NEWPORT TWP. – On two separate occasions, Jennifer Mieczkowski said she identified the woman who slashed her face and neck with a box cutter inside the Prospect Street Café in Nanticoke. With what she believes to be a positive iden- See SLASHING, Page 9A
The Monkees frontman Davy Jones dead at 66 The 1960s hearthrob died of a heart attack near his home in Indiantown, Fla. By MATT SEDENSKY Associated Press
on NBC in 1966 as a made-for-TV band seeking to capitalize on Beatlemania sweeping Jones the world. Aspirations of Beatles-like fame were never fully achieved, with the TV show lasting just two years. But
WEST PALM BEACH, Fla. — Davy Jones’ moppish long hair, boyish good looks and British accent endeared him to legions of screaming young fans after “The Monkees” premiered See JONES, Page 12A
INSIDE
A NEWS Obituaries 2A, 8A Local 3A Nation & World 5A
identified in the oversight of a special legal services fund from which attorneys who Stevens represented parents in Children and Youth custody cases were paid last year. The moves come several days after The Times Leader reported the results of an investigation that revealed Stevens had double billed the county for delivering fee petitions related to her representation of parents whose children are in the custody of Children and Youth Services. Stevens, of Kingston, has acknowledged she charged a separate fee for each payment invoice she delivered to the court, even though some of manyofthoseinvoicesweredeliveredinasingletrip.Thedouble billing was not caught by anyone in the court or county, however, because no one re-
Stevens withdraws as county lawyer
Because of billing scandal, she removes herself from court-appointed cases.
Slashing victim wants arrest in case Jen Mieczkowski says she has twice identified attacker from Jan. 1 incident.
Such rules needed after double-billing scandal with court-appointed lawyer.
WILKES-BARRE – Luzerne Count Court officials are working to create guidelines that will dictate how much attorneys in court-appointed cases will be paid in light of a doublebilling scandal involving attorney Angela Stevens. Deputy Court Administrator Mike Shucosky said the court is looking to create a system-wide standard in hopes of preventing problems like those uncovered with Stevens’ bills from occurring again. Inarelatedmatter,President Judge Thomas Burke said court administration has committed to re-examining any new invoices submitted by attorneys for legal services performed last year to ensure reasonableness and accuracy. The action is in response to shortcomings that have been See GUIDELINES, Page 9A
CLARK VAN ORDEN/THE TIMES LEADER
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County court working on pay guidelines By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
ADORABLE ADDITION ARRIVES ON EXTRA DAY
By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
DON CAREY/THE TIMES LEADER
Slashing victim Jennifer Mieczkowski shows a scar two months after she was attacked.
Burke on Wednesday confirmed attorney Angela Stevens advised the court she will withdraw from representing parents in Children and Youth cases by the end of the week. Stevens was representing about 43 people, said Deputy Court Administrator Mike Shucosky. The court now is working to obtain substitute counsel to represent those clients, he said. Burke said Stevens’ withdrawal from the cases was the product of a mutual agree-
WILKES-BARRE – An attorney ensnared in a doublebilling controversy involving Luzerne County Court has agreed to withdraw from all court-appointed cases as county officials continue to investigate her billing practices. President Judge Thomas See STEVENS, Page 9A
Area has seen its share of Monkee business By BILL O’BOYLE boboyle@timesleader.com
Davy Jones, the lead singer of the 1960s group The Monkees who died Wednesday of a heart attack, was an occasional visitor to the Wyoming Valley. In 1986, Jones and two other Monkees – Peter Tork and Micky Dolenz – appeared at The Woodlands Inn in Plains Township for the first stop on their reunion tour. In 2008, Jones made an appearance on Public Square in Wilkes-Barre to support Leadership Wilkes-Barre by singing “I’m a Believer” for
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Mayor Tom Leighton. And as recently as Friday night, Jones had a telephone interview on Edd Raineri’s local radio show, “Beatledd Fab Four Hour.” The Monkees started out in the 1960s as a group that combined pop music with slapstick TV comedy that appealed to teenagers and adults. They evolved into a capable group of musicians adored by many and followed by millions. See BUSINESS, Page 12A
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POLICE BLOTTER HAZLETON -- Police are investigating the reported theft of a green, 1999 Ford Windstar from the parking lot of the Convenient Mart at 51 W. Juniper St. around 7:25 p.m. on Tuesday. Licesauri Tejeda, 23, of Hazleton reported the mini-van was unattended and the motor running when it was stolen. The vehicle possibly has Pennsylvania license plate HTC 0288. Anyone with information about the reported theft is asked to contact Hazleton police at 570 459-4940. WILKES-BARRE – Antwon Leon Bickerstaff, 28, of South
SLASHING
Grant Street, was arraigned Wednesday on driving under the influence charges filed in January after police said they found him slumped over the steering wheel of a car at the intersection of Wilkes-Barre Boulevard and Conyngham Avenue. Bickerstaff showed signs of intoxication and agreed to a portable breath test, police said. The test was positive and he was arrested and taken to police headquarters for a legal breath test that measured his blood alcohol concentration at 0.114 percent. An adult driver in the state is considered legally intoxicated with a BAC reading of 0.08 percent. Bickerstaff appeared before District Judge Martin Kane who committed
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him to the Luzerne County Correctional Facility for lack of $2,000 bail. PLYMOUTH – Police arrested two men in connection with the reported theft Tuesday of a dirt bike from Nanticoke. Joshua Kolinoski, 19, of Old Tavern Road, Hunlock Creek, and Allen William Randell, 19, of Richard Street, Kingston, were charged with receiving stolen property and conspiracy. In arrest papers filed Wednesday police said: They responded to the area of Plymouth Liquidation on East Main Street around 5:05 p.m. Tuesday for a disorderly group of people. A group of people were trying to stop a black pickup from leaving
daughter, Renee Mayers, said. Mayers’ recognition of friendship went above and beyond last week when a friend she keeps in Continued from Page 3A regular contact with wasn’t analways concerned about others. swering her phone. Mayers’ knew something “After you get to a certain point you realize the importance of wasn’t right and had someone go your family and friends,” Sara’s to the friend’s home.
“I saved her life,” Mayers said. Though her time with the JCC is ending, Mayers said she won’t soon forget what she’s taking away from her many years of service. “A lot of good memories and just as many good friends,” she said.
LEAP
under Julius Caesar. The practice was refined in the modern Gregorian Calendar created in 1582 under Pope Gregory XIII, where it was determined that each year evenly divisible by four is a leap year, except for century years not divisible by 400. The latter exception resulted from the fact that the year is slightly shorter than 365.25 days long. Those extra minutes add up to about 3 days over 400 years, requiring correction.
VOLUNTEER
Continued from Page 3A
born on previous leap days, but about 3,200 babies are born in Luzerne County hospitals annually: about 1,200 at Wilkes-Barre General Hospital, 600 at Hazleton General Hospital and 1,400 at Geisinger Wyoming Valley. In a leap year, then, one would expect eight or nine babies to be born each day, including leap day. A search of The Times Leader’s archive revealed that at least five children have been born on leap day in the last 12 years. Melissa Baker’s son, Lucas Miskewicz, is one of those five. The 8-year-old was born on Leap Day, 2004. Sometimes his big brother Michael and big sister Thomasyna tease him about “not having a birthday” three out of four years, but Lucas likes the distinction
MUNICIPAL BRIEF JENKINS TWP. – The 2012 property tax bills for Luzerne County and Jenkins Township have been mailed, the township announced. The discount period runs from today to April 30. The new office hours for the municipal building, during the discount period only, are 4 to 7 p.m. Monday; 1 to 3 p.m. Tuesday. Also office hours will be 4 to 5:30 p.m. every Tuesday at 3 Laflin Road, Inkerman, or by special appointment by calling the tax collector at 654-9710. Property owners who have not received a bill, or who have received one in error, should call the tax collector. Taxpayers with an escrow account with a mortgage company should forward the bill to the company as soon as possible to ensure prompt payment. Also, new homeowners should complete the homestead exemption form to receive the reduction on any future bills.
the unique birthday brings him. “I love it because it’s fun,” he said. Being 8, most of Lucas’ friends are learning about leap year for the first time this year, but Lucas is teaching them, Baker said. “When they were playing basketball today they were all talking about it,” Baker said. For those who need a refresher, an extra day was first added to the month of Februarius in the Julian Calendar created in 46 B.C.
the parking lot. Two people tried to get out of the truck, but police advised them to stay inside. The driver who identified himself as Dale Kobal said Kolinoski and Randell stole his dirt bike that was in the back of the truck. But Kolinoski and Randell said they found it in the Plymouth flats area. They became combative with police and were placed in handcuffs. Kobal told police he reported to Nanticoke police Tuesday that his motorcycle stolen and found Randell and Kolinoski pushing it on East Main Street. Kolinoski put down the motorcycle and told Kobal he could have it. They argued and Kobal put the motorcycle in the back
THURSDAY, MARCH 1, 2012 PAGE 9A of his pickup truck. As the group of people started to leave, Kolinoski took off his shirt and tried to start a fight. He came towards the truck, but Kobal told him to get away from it. Kolinoski threatened to get a gun and his friend Randell started honking a vehicle’s horn for someone in a nearby house to get a gun. Kolinoski did not get a gun but retrieved a pipe and came after the group of people. While in custody Kolinoski slammed his head against the protective glass inside a Larksville police cruiser with enough force the window began to push out. He was placed in a Plymouth patrol car and Randell was placed in the Larksville car. Enroute to the Plymouth
some of them friends and rela- the tavern, who identified the same woman who attacked her. tives of her attacker. Early-morning attack “If one step had gone differently She said there are other witMieczkowski said she entered nesses, including an employee at that night, (police) would have the tavern a little before 2 a.m. with her friend Ricky Wells to buy beer to take home. She ran into in 2012 will also be reviewed from friends and decided to stay for a here on, he said. drink when a fight broke out, she Burke and Shucosky said the said. courts also are working to address Continued from Page 1A Mieczkowski said she did not a second issue – the lack of guiderealize she had been slashed until viewed the bills before they were lines relating to the types of sershe stood up. She stayed inside vices for which court appointed approved for payment. the tavern for a few minutes, was Most of bills for services in 2011 attorneys can, and cannot, given a towel by a bar employee have been paid, but there are charge. and walked outside to find two poThe Times Leader’s review of some that remain outstanding, inlice officers talking to a bouncer. cluding $39,080 in fees that were invoices submitted by Stevens Surveillance video shows the submitted for payment on Mon- and other attorneys who handled alleged attacker walking outside day by attorney Jami Brown of the Children and Youth cases the tavern at 2:10 a.m., Mieczkowshowed several charged the counWilkes-Barre. ski said. Burke said he determined ty one hour for creating their fee Mieczkowski said she told the Brown’s bills, as well as any others petitions. The attorneys were two officers her attacker was inthat may be submitted for pay- paid $55 per hour. side the tavern but was told to get Shucosky said he questions ment from 2011, need to be examinto an ambulance. Wells, who ined based on the lack of initial re- whether that charge should have was also assaulted, was driven to view. Bills submitted for services been permitted, but the courts a hospital by a relative. Police interviewed many Police said they interviewed a majority of the patrons who were in the tavern at the time of the fight. Mieczkowski estimated there were about 50 people, with
happened. As far as I’m concerned, it’s done. Why haven’t they arrested her?” “I can’t comment on what the victim says, but her version of the facts is not accurate,” First Assistant District Attorney Sam Sanguedolce said. “We have an ethnical duty to arrest the right person.” Sanguedolce said Nanticoke police recently turned over their investigation to be reviewed by an assistant district attorney. A meeting is scheduled next week with police to go over the investigation, Mieczkowski’s statements to investigators and any statements made by witnesses. Mieczkowski has returned to work as owner of a beauty salon in Nanticoke while she recovers from multiple slashes to her face and neck. Her face and neck scarred, she continues to feel discomfort from her injuries. Her friendly personality has not missed a beat. Mieczkowski said her distress
S
one shot at this for trial.”
now lies with the lack of an arrest. “I picked the girl out of 12 photos in a lineup two days after I was attacked, and a month ago I picked the same girl out of the video,” Mieczkowski said. She said surveillance video that was shown to her is black-andwhite and captured the fight that took place inside the tavern. She said the video clearly shows the attacker getting knocked to the floor, getting up to fix her hair and charging at Mieczkowski. “She came right at me,” Mieczkowski said. She did concede she had to watch the video twice before she identified the woman. “When I saw her, I said that is definitely her. I had them rewind it two times because it’s in black and white. Once I saw her, I knew,” Mieczkowski said. Sanguedolce said the video “was not clear” regarding what actually happened inside the tavern, and raised questions among investigators. “We’re not going to file criminal charges based on the video,” Sanguedolce said. “If we bring the charges and lose, we can’t hope for more evidence. We only have
Continued from Page 1A
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ment worked out between attorney Philip Gelso, who is representing the court, and Stevens’ attorney. He did not know who is representing Stevens. “Under the overall circumstances, this was both a necessary and appropriate step,” Burke said.
Stevens, of the law firm Pyrah/Stevens in Kingston, has come under fire based on a Times Leader investigation that revealed she repeatedly double billed the county for delivering fee petitions to the courthouse in 2011. Stevens was among 18 attorneys the county retained last year to represent parents whose children have been taken away by Children and Youth Services based on allegations of abuse or
police station, Kolinoski shouted profanities and said he had scabies. Officers tried to limit their contact with his skin as he struggled with them going into the police station. He was placed in a holding cell and his handcuffs were removed. He then slammed his head against the cell walls and tried to smash the cell door, saying he was going to hurt himself to go home. Kolinoski also was charged with terroristic threats, disorderly conduct, simple assault, resisting arrest and possessing a prohibited offense weapon. He and Randell were arraigned by District Judge Donald Whittaker and released on $5,000 bail each. had her,” Mieczkowski said. “I’m back to work and don’t want to put my face out there; at the same time nothing is being done.” may not be able to challenge the fee given there were no guidelines dictating the services for which the attorneys could bill. Judge Tina Polachek Gartley, who approved the payments, has said attorneys were guided by their normal billing practices in their private practices. Shucosky said the courts assumed attorneys would be reasonable and truthful. “The court is working to establish a rigid code for bills with complete directions on what are and appropriate charges and what are not,” Shucosky said. “There should be a system-wide standard to avoid these problems in the future.” neglect. Stevens has admitted she made errors in the billings. She advised the county on Monday that her firm has hired a forensic auditing firm to review her billings. Luzerne County is seeking proposals for its own forensic audit of the special legal services account from which Stevens and other attorneys were paid. The proposals are due by March 9.
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WILKES-BARRE, PA
SATURDAY, MARCH 10, 2012
Defense pleads engineer is generous, public-spirited man, but judge rules conviction on bribery charge merits prison
Ohio sets up new drill rules
COLUMBUS, Ohio — A dozen earthquakes in northeastern Ohio were almost certainly induced by injection of gasdrilling wastewater into the earth, state regulators said Friday as they announced a series of tough new rules for drillers. Among the new regulations: Well operators must submit more comprehensive geological data when requesting a drill site, and the chemical makeup of all drilling wastewater must be tracked electronically. Both could mean extra costs for gas drillers looking for new wells and ways to get rid of wastewater — much of which is taken in by Ohio. The state Department of Natural Resources announced the tough new brine injection regulations because of the report’s findings on the well in Youngstown, which it said were based on “a number of coincidental circumstances.” For one, investigators said, the well began operations just three months ahead of the first quake. They also noted that the seismic activity, which began in March 2011 and ended at the end of the year, was clustered around the well bore, and reported that a fault has since been identified in the Precambrian basement rock where water was being injected. “Our evidence strongly suggests that the injection fluid lubricated a previously unmapped fault and contributed See GAS, Page 14A
AT T O R N E Y F E E S
C&YS cases get policy change
Attorneys who represent parents can no longer charge fee for preparing bills. By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
faith and a regular presence at daily services. Pasonick opened a statement by saying “I am not an eloquent elocutionist,” while insisting his words were “truthful and come from my heart. “I know I used poor judg-
WILKES-BARRE – Attorneys who represent parents in Children and Youth Services cases will no longer be permitted to charge a fee for preparing their bills under a new policy adopted Friday, Luzerne County President Judge Thomas Burke Burke said. The policy, enacted follow- INSIDE: County ing a meeting of receives bid all 10 county proposals for judges on Fri- C&YS legal fund, Page 14A day, also precludes attorneys for charging for travel except for trips outside of Luzerne County. The changes come in the wake of a double billing scandal involving attorney Angela Stevens of Kingston, who was one of 18 attorneys retained last year to represent parents whose children are in the custody of Children and Youth Services. A Times Leader investigation revealed Stevens repeatedly billed the county a travel charge for each fee petition she delivered to the courthouse, even though they appeared to have been delivered in a single trip. Stevens also
See PASONICK, Page 14A
See POLICY, Page 14A
Regulators get tough after quakes induced by injection of gas-drilling wastewater. By JULIE CARR SMYTH Associated Press
50¢
DON CAREY/THE TIMES LEADER
Michael Pasonick, at far right, walks past members of the media Friday in Scranton following his sentencing in federal court on a bribery conviction. His lawyer urged the court to consider the good Pasonick has done for the community.
Pasonick gets year in jail By MARK GUYDISH mguydish@timesleader.com
SCRANTON – Despite appeals regarding his poor health and that of his wife, supportive statements from three Russian Orthodox clerics, an apology and mention of his plans to earn a doctor of theology degree, local engineer Michael J. Pasonick was sentenced Friday to one year in prison and ordered to pay a $250,000 fine and spend two years probation on federal charges he bribed a Luzerne County school board official. U.S. District Judge Richard P.
Conaboy acknowledged all the good Pasonick has done, including recently opening a food pantry he plans to turn into a soup kitchen and homeless shelter, but called his corrupt actions “reprehensible.” In urging leniency, Pasonick’s attorney, Joseph Sklarosky, said “it’s important to look at the total man,” noting Pasonick “comes from a poor family, a family that stressed the importance of education. And Mike worked hard to get that educa-
“I know I used poor judgment and made a mistake. I plan to devote my life to taking care of people in hard times.” Michael Pasonick Engineer
tion.” Pasonick started his own business and succeeded because of that hard work, Sklarosky said, painting the picture of a man who shared his wealth and his time for charitable and religious causes. Three clergymen backed that claim, noting Pasonick was a deacon in the
Casey wants more flood help U.S. senator calls on FEMA to work with other agencies to help communities recover. By MATT HUGHES mhughes@timesleader.com
DURYEA – In the six months since floods soaked communities across the state in the wake of Tropical Storm Lee, the federal government has committed more than a half-billion flood recovery dollars for Pennsylvania residents, businesses and governments.
That’s significant progress, but the government could still do more to help communities recover from the historic natural disaster, U.S. Sen. Bob Casey said Friday. Speaking from a bridge over the Lackawanna River, which engulfed parts of Duryea in September, Casey, D-Scranton, called on the Federal Emergency Management Agency to work with other federal bodies in assessing the flood’s impact and developing a regional recovery plan. “This flood for this community and for communities like it all
through the region was devastating, and still for a lot of people it’s an open wound,” Casey said. “We’ve got to demonstrate that we’re using every possible resource to give people the opportunity and help them to recover … The federal government can and should do more.” Specifically, Casey said he has asked FEMA and the federal Economic Development Administration to create a report assessing the flood’s economic impact in See FLOOD, Page 14A
U.S. adds 227,000 jobs for strong three months of hiring This was the first time in six months the unemployment rate didn’t fall.
By CHRISTOPHER S. RUGABER AP Economics Writer
AP PHOTO
An AT&T technician works on fiber optic cables used for the expansion of AT&T U-verse.
before the Great Recession. The unemployment rate stayed at 8.3 percent. It was the first time in six months it didn’t fall, and that was because a halfmillion Americans started looking for work. In the past two months, almost a million have started looking. “I have more optimism,” said Freda Bratcher, 54, who had worked as a substance abuse counselor but has been unem-
WASHINGTON — The United States added 227,000 jobs in February, the latest display of the breadth and strength of the economic recovery. The country has put together the most impressive three months of job growth since See HIRING, Page 14A
MATT HUGHES/THE TIMES LEADER
Duryea Council Chairwoman Audrey Marcinko speaks to U.S. Sen. Bob Casey about the levee protecting Duryea.
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County receives four proposals for forensic audit Special legal services fund of C&YS will be audited.
Griffith
ed in conducting a forensic audit of a special legal fund, with costs ranging from roughly $22,000 to $46,500, ControllBy TERRIE er Walter Griffith said Friday. MORGAN-BESECKER Griffith said the proposals tmorgan@timesleader.com from the companies, all of WILKES-BARRE – Luzerne which are from outside PennCounty received proposals sylvania, were opened Friday from four companies interest- afternoon by his staff. He was
POLICY Continued from Page 1A
routinely charged for one hour of work to prepare each petition. Burke said the court has been working on guidelines the past several weeks. Until now there was no official policy regarding whether the attorneys, who were paid $55 per hour, could charge for bill preparation. The lack of a policy led to wide varia-
GAS Continued from Page 1A
to seismic activity,” said Natural Resources spokesman Carlo LoParo. “It was an unfortunate situation, and the operator drilled the well to specifications and operated within all permitted levels.” The report said: “Geologists believe it is very difficult for all conditions to be met to induce seismic events. In fact, all the evidence indicates that properly located ... injection wells will not cause earthquakes.” The Youngstown well’s operator, D&L Energy Inc., noted as much Friday in a statement reacting to the state report and the new regulations. D&L pointed out that the state did not actually test the well during its investigation, relying instead of geologic and seismic data. D&L said there is “no reason to rush and accept bad or incom-
tions in billing among the attorneys, a review of invoices submitted by all 18 attorneys showed. Some attorneys, like Stevens, always charged one hour for fee preparation, regardless of the number of hours they spent on a case. Others, including Michael Pendolphi, Robert Davison and Joe Terrana, never charged for preparing the bills. All told, Stevens was paid $144,554 for representing parents, of which $38,517, or nearly 27 percent of her charges, was for preparing and delivering the fee pet-
out of town Friday and did not have a chance to review them, but expects to do so Monday. The county is seeking an audit of the special legal services fund that was used to pay 18 attorneys who represented parents whose children were in the custody of Children and Youth Services.
The request was based on a Times Leader investigation that revealed one of the attorneys, Angela Stevens of Kingston, repeatedly double billed the county for travel time to deliver fee petitions to the county court house. Stevens has acknowledged she made billing errors, which
itions. The newspaper’s review revealed that several of the other17 attorneys earned a substantial portions of their income from preparing the fee petitions. Attorney Laureen Yeager Pierce had the highest percentage of income from bill preparation. She was paid a total of $52,361 for representing clients, of which $18,645, or 35 percent, came from bill preparation fees. In a recent interview, Yeager Pierce said she felt the charges were appropriate because preparing the petitions was
Municipal water plete science” until Pennsylvania has treatment plants the company’s own limited the deep aren’t designed to restudies, commismove some of the consioned from two sepa- injection of taminants found in rate consultants, can wastewater bebe reviewed. The com- cause its geology the wastewater, including radioactive pany also noted the precludes it. Six elements. Deep injecwell is no longer taktion is considered one ing wastewater be- of its deep inof the safest methods cause a self-imposed jection wells for disposal, though moratorium that Gov. accept fracking earthquakes have John Kasich extended fluid. Ohio has 177 been linked to such to 5 miles around it. methods. Northeastern Ohio such wells. Pennsylvania, the and large parts of adtop gas-producing jacent states sit atop the Utica and Marcellus Shale state in the region, and other geological formations, which drilling states could see nearly contain vast reserves of natural immediate impacts from the gas that energy companies are Ohio rules. Pennsylvania has limited the rushing to drill using a process known as hydraulic fracturing, or deep injection of wastewater because its geology precludes it. fracking. That process involves freeing Six of its deep injection wells acthe gas by injecting huge cept fracking fluid. Ohio has 177 amounts of chemical-laced wa- such wells. Drillers in Pennsylvania sent ter, or brine, into the earth, but that water needs to be disposed almost 1.5 million barrels of of when companies are done waste to injection wells in Ohio during the second half of 2011, with it.
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FLOOD Continued from Page 1A
eastern Pennsylvania. “I think it’s important at least every six months to have a review of where we’reatandwherewe’regoing,”Casey said. He also asked the agencies to develop a comprehensive flood-recovery road map to guide flood recovery at a regional level. According to Casey, the Economic Development Administration can: • Assist FEMA in assessing a disaster’s economic impact. • Offer financial resources and tech-
AP PHOTO
A help-wanted sign displays outside the Mayfield Drive-In movie theater in Chardon, Ohio.
ly three-month stretch that was better since the recession ended was March through May 2010, when the government was hiring tens of thousands of temporary workers for the census. Before that, the last stretch that was better was February through April 2006.
nical assistance to help develop and implement a regional recovery strategy. • Offer grants to build new infrastructure to retain or attract jobs to a disaster-damaged region. • Offer below market rate loans to help businesses recover from a disaster. Borough residents and officials said they would appreciate any additional aid that could be brought to bear in Duryea. Ann Edwards, whose Chittenden Street home overlooking the Lackawanna River levee took on 7 feet of water, said not all residents and businesses have returned since September’s flooding, and that an incubator or oth-
PASONICK Continued from Page 1A
ment and made a mistake,” he said, offering apologies to the community, his family, and his employees. Pasonick then told Conaboy he was near completion of a master’s degree in theology and plans, at age 70, to pursue a doctorate in theology. “I plan to devote my life to taking care of people in hard times. “I firmly and categorically resolve never to repeat this,” Pasonick said. “This is my first offense, and my last
A three-month gain of 734,000 is roughly what the country was achieving in the late 1990s, although it is less impressive now because the country holds about 40 million more people. Stocks rose after the report came out, though they lost most of their gains later
er program to bring business and jobs to Duryea would help. “Wherever there’s an empty house, there’s some crime,” she said. “It would be nice if some other businesses come back or if we had new businesses come to the community.” Council Chairwoman Audrey Marcinko said the borough needs a central meeting space to anchor the town, and said the borough has already had discussions with the borough hose company about partnering to build one. “What we need is a big community hall, so we’d have a place for meetings in good weather and a place where people could go in bad weather,” Marcinko said.
offense.” Conaboy disputed none of the testimony presented, adding that about 100 letters had been sent to him, nearly all praising Pasonick. Conaboy also noted the original pre-sentence report drawn up by the probation office recommended a prison term ranging between 18 and 24 months, but that he had accepted a request by prosecutors to lower the range to six to 12 months after Pasonick’s help led to convictions of “seven or eight” public officials. Those officials were not named, though Pasonick has been openly linked to cases involving former Luzerne County Housing Authority member
labor intensive. The attorneys had to go through records to determine the amount of time they spent on the cases. They then had to prepare the petition, attach a copy of the order appointing them to the case, then present it to a county judge and two other county offices. “You had to prepare the petition, check the and double check the invoices, take it over to the court and pick it up,” Yeager said. Davison said his decision not to charge for fee preparation was a personal
audit, which will review bills submitted by all 18 attorneys. Griffith said he does not know specifics of each of the proposals because he has not yet read them. He plans to review the proposals with County Manager Robert Lawton before deciding which firm to hire.
choice. He does not fault any of the attorneys who did charge. “I looked at it as a public service,” Davison said. “I did not feel comfortable charging the county for charging the county.” Burke said the policy regarding bill preparation fees applies to any cases going forward. If attorneys are owed money for prior work, those preparation fees will be reviewed for reasonableness before a decision is made regarding payment, he said.
said Kevin Sunday, a spokesman for the Pennsylvania Department of Environmental Protection. But with Ohio now planning to require electronic monitoring of wastewater, and that technology not widely available yet, Pennsylvania and other states seeking to send wastewater to Ohio may need a Plan B in the interim. Among the new regulations in Ohio: • Future injection into Precambrian rock will be banned, and existing wells penetrating the formation will be plugged. • State-of-the-art pressure and volume monitoring will be required, including automatic shut-off systems. • Electronic tracking systems will be required that identify the makeup of all drilling wastewater fluids entering the state. The state’s report validates concerns among environmentalAP FILE PHOTO ists that Ohio is moving too fast, Citizens respond to speakers during Jan. 11 forum to discuss resaid Jed Thorp, manager of the cent seismic activity related to deep wastewater injection wells, Ohio chapter of the Sierra Club. in Youngstown, Ohio.
HIRING ployed 16 months. She had stopped searching, but showed up Friday at a Miami career center after some of her friends landed jobs. “There’s something out there for me,” she said. “And if other people are getting hired, then why not me?” The Labor Department, in its monthly jobs report, said Friday that December and January, already two of the best months for jobs since the recession, were even stronger than first estimated. January job growth was revised higher by 41,000 to 284,000. December job growth was raised by 20,000 to 223,000. The overall job growth for February of 227,000 beat economists’ estimate of 210,000. “It’s a very strong report,” said Bob Baur, chief global economist at Principal Global Investors, an asset management company. “I could hardly find anything not to like in it.” Since the beginning of December, the country has added 734,000 jobs. The on-
she says were an oversight. She recently notified the county her firm, Pyrah/Stevens, had hired its own forensic auditor to examine her records and that she will share the results once it is completed. Griffith and other county officials are seeking their own
William Maguire and former Lackawanna County majority Commissioners Robert Cordaro and A.J. Munchak. He was not charged in those cases. “You were not charged for much of your questionable conduct,” Conaboy told Pasonick. Pasonick’s engineering firm was for years the recipient of valuable contracts from area government and school bodies. Conaboy said he often sees defendants who seem to live “two different lives,” being openly caring and religious in one, yet doing “reprehensible” actions in the other. “I don’t know the answer,” Conaboy
in the day. The Dow Jones industrial av- among Obama’s would-be challengers, erage closed up 14 points at 12,922. Last did not directly address the fresh ecoweek, it closed above 13,000 for the first nomic data at a stop in Mississippi, but time since May 2008, four months before he criticized Obama for failing to bring the unemployment rate below 8 percent. the financial crisis. The unemployment rate has remained The improving jobs picture figures to improve the re-election chances for Pres- above 8 percent since February 2009, a ident Barack Obama and to complicate month after Obama’s inauguration, a point regularly hamthe political strategy for the mered by Romney. But as Republicans competing for The only three-month the right to replace him. stretch that was better more jobs are created, it is increasingly likely that Obama on Friday visited a the rate will fall below 8 manufacturing plant run by since the recession percent by Election Day. Rolls-Royce, a maker of air- ended was March Matt McDonald, a partcraft engines, in Virginia, a through May 2010, ner at Hamilton Place state expected to be closely when the government Strategies and former contested in November. He Bush White House offitold workers there that was hiring tens of cial, calculates that the American manufacturing is thousands of tempoeconomy needs to add adding jobs for the first time rary workers for the about 185,000 jobs per since the 1990s. census. month to get to that “The economy is getting point. stronger,” the president “It will be a photo finish to get below said. “When I come to places like this and I see the work that’s being done, it 8,” he said. Hiring in February was broad-based gives me confidence there are better days ahead. I would bet on American and improved in both high-paying and workers and American know-how any low-paying industries. The industries of manufacturing, professional services day of the week.” Mitt Romney, the leader in delegates and health care all added jobs. U.S. Sen. Bob Casey, D-Scranton, talks about moving flood recovery forward. He is speaking on the bridge over the Lackawanna River in Duryea Friday. Casey called on FEMA to work with other federal bodies in assessing the flood’s impact and developing a regional recovery plan. MATT HUGHES/THE TIMES LEADER
said. “I do know I see it over and over again.” Conaboy acknowledged that Pasonick worked his way up from a poor beginning, but then began “seeking friendships in the company of public officials, being kind and generous to them, and then bribing them.” Conaboy said Pasonick had accumulated a great deal of wealth, making him capable of paying a high fine, and added that “you created some of that wealth because of the horrible things you did.” Pasonick was released on his own recognizance and is to report to start his sentence on April 23. Sklarosky
asked that his client be allowed to report in May so he can finish his master’s degree and graduate, and Conaboy said that request should be made by filing a court motion. Pasonick pleaded guilty to the federal corruption charges in May 2011. The sentencing was delayed because of his ongoing cooperation in other cases. Outside the courthouse, Sklarosky said it appeared the judge had sentenced Pasonick based on actions for which he had not been charged. “He cooperated,” Sklarosky said, “but let me tell you as a defense lawyer I’m going to have second thoughts about cooperating in the future.”
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State agency opens Stevens investigation Office of Disciplinary Counsel looking into attorney Angela Stevens’ billing of county. By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
HARRISBURG – A state agency that investigates alleged wrongdoing by attorneys has opened an investigation into a Kingston attorney who has admitted to doubling billing Luzerne County, according to a letter sent to Controller Walter Griffith.
Edwin W. Frese Jr., an attorney with the Office of Disciplinary Counsel, said he opened an investigation inStevens to attorney Angela Stevens after being made aware of a Feb. 24 story published in The Times Leader that detailed numerous billing issues involving Stevens. Frese noted that, in addition to a complaint filed by Griffith, he also received a complaint
from Luzerne County Judge Tina Polachek Gartley, and Stevens had reported herself to his office. The Office of Disciplinary Counsel is the investigative arm of the Disciplinary Board of the State Supreme Court. The board reviews information obtained by investigators to determine whether disciplinary action should be taken against an attorney. That action can include a public censure, suspension or disbarment. Stevens was among 18 attorneys retained by the county last
Official charged with assault discussed
year to represent parents whose children are in the custody of Children and Youth Services. Her bills have come under scrutiny based on a Times Leader investigation that revealed she routinely charged the county travel time for each fee petition she delivered to the courthouse, even though the petitions appeared to have been delivered in a single trip. The newspaper also uncovered instances when Stevens claimed to have worked more hours than there are in a day. Stevens has acknowledged
she made billing errors, but says they were oversights. Her firm, Pyrah/Stevens, contracted a company to perform a forensic audit. Griffith is also seeking a forensic audit. Several companies submitted proposals last week. Griffith said Tuesday he is still reviewing the proposals and hopes to decide soon on which firm to hire. Frese asked Griffith to provide him a copy of the audit once it is completed, as well as copies of all of Stevens’ billing statements, petitions and checks.
DIGGING IN TO DUGOUT WORK West Side Career and Technology Center sophomore Anthony Katchko pounds nails into a sheet of plywood Tuesday as he and classmates work on the roof of a new dugout students are building at the Wyoming Valley West Spartan Stadium baseball field in Kingston. The dugout was built at West Side, partially disassembled, and put in place last week and this week.
going to jump to conclusions.” In other business, the council moved DUPONT -- Borough Council member closer toward purchasing a yard waste Brian Nesgoda was notably absent from grinder and the necessary accessories to Tuesday night’s regular council meeting. properly run it once a housing facility for Nesgoda was involved in a domestic dis- the grinder is constructed within the borpute over the weekend. As far as Dupont of- ough. The council also officially entered into a ficials knew, Nesgoda was still incarcerated with bail set at $100,000. Nesgoda has cooperative intergovernmental agreebeen charged with aggravated assault, sim- ment with the boroughs of Avoca, Duryea, ple assault, terroristic threats, disorderly Laflin and Hughestown, and Jenkins Township and the city of conduct and harassment. Pittston to form the Greater Council President Stan- W H A T ’ S N E X T Pittston Regional Compost ley Knick was quick to address the controversy at the There will be a special meet- Commission. This group outset of Tuesday night’s ing at 6 p.m. Monday about will be responsible for operthe status of bridges over ating and maintaining the meeting, asking for any the turnpike and I-81. facility for the residents of questions that residents the municipalities. might have. The council voted to table the awarding When one resident, who did not give his name, described the incident as a public of a bid to purchase the grinder and several opinion disaster and a black-eye on the bor- pieces of accessory equipment. It will reough of Dupont, council Solicitor Erik Din- view bids over the next week before a spegle pointed out Nesgoda has not even had a cial meeting is held Tuesday, March 20 at 7 p.m. to award the bid. preliminary hearing. The council placed out bids for the conDingle also informed the public he urged all council members to refrain from speak- struction of a housing facility in February ing publicly about Nesgoda as the legal and expects to award the bid at the April council meeting. proceedings take their course. In another matter, the council voted to “The fact of the matter is that this is a tragic situation,” Dingle said of Nesgoda’s raise the price of bulk-item refuse stickers predicament. “But no one on this council is from $10 to $15. By B. GARRET ROGAN Times Leader Correspondent
COURT BRIEF WILKES-BARRE -- A Hazleton man charged for his role in a case in which police say a 6-year-old boy was inside a home in deplorable conditions and locked in a closet was sentenced Tuesday to three to 18 months in county prison. Jason John Boyle, 26, of Alter Street, was sentenced on a single count of endangering the welfare of children by Luzerne
County Judge Hugh Mundy. Boyle, who was charged in the case with Kristen Grula, 28, pleaded guilty to the charge in January. Police say were called to Grula’s residence concerning the welfare of the boy on Sept. 15. A caller told police Grula and Boyle were keeping the boy locked in a closet while Grula
POLICE BLOTTER
arraigned Tuesday in WilkesBarre Central Court on drug offenses. Martin L. Addison, 32, of West Third Street, Nescopeck, was charged with possession with intent to deliver a controlled substance, possession of a controlled substance, possession of a small amount of marijuana, possession of drug paraphernalia and possession of chemicals with intent to manufacture a controlled substance. He was jailed at the county prison for lack of $2,000 bail. State police at Shickshinny allege Addison was driving a vehicle that was stopped for faulty brake lights on state Route 339 in Nescopeck on Sept. 19. Addison was found with batteries, coffee fillers, plastic tubing affixed to a bottle cap, a pipe and a bag containing medication that are consistent with the manufacturing of methamphetamine, according to the criminal complaint. State police allege a small amount of marijuana was also found in the vehicle. Two passengers in the vehicle, Tyler Burns, 20, and Andrew Lacomey, 26, both from Bloomsburg, are facing similar charges.
WILKES-BARRE – City police reported the following: • Police said Nicholas Cave, 38, of New Elizabeth Street, will be cited with harassment after Robin Shudak alleged he struck her in the ribs and shoved her inside his residence on Sunday. • Jason Jolley, of WilkesBarre, reported an unknown person used his bank card to make a transaction after he had forgotten the card in an ATM at Citizens Bank on Market Street on Monday. • Police said Katrina Bender, 24, of Huber Street, will be cited with harassment after Mariah Henderson alleged she shoved her into a wall and struck her during an argument at a Barney Street residence on Sunday. • Stephen Pinnacoli said someone stole his cell phone from a table at Rodano’s, 52 Public Square, Tuesday. • Mark Allen said someone removed a Garland Dual Oven from behind Our Lady of Hope church, 40 Park Ave., Tuesday. Aleen said he was selling the oven at the church and left the church for a short time. When he returned the oven was gone. NESCOPECK – A man was
WILKES-BARRE -- A man wanted by New York State Division of Parole was ar-
PETE G. WILCOX/THE TIMES LEADER
and other people were doing drugs and ingesting bath salts. Police went to the home, where they could smell urine and feces and observed flies throughout the residence. Police said there was garbage and old food covering the living room floor, no edible food, and toilets and sinks were backed up. Grula, who pleaded guilty to an endangering the welfare of children charge earlier this month, is scheduled to be sentenced April 20. raigned Tuesday in WilkesBarre Central Court on a fugitive from justice charge. City police said they apprehended Josue D. Perez, 28, at his residence on Liddon Street on Monday. Perez was positively identified by electronically scanning his fingerprints at the Kingston Police Department. Perez was convicted of burglary in Broome County, N.Y., and released on parole in New York in May 2011, according to the New York parole website. HANOVER TWP. – Township police reported the following: • Representatives of Hanover Green Little League reported Tuesday that graffiti was spray painted on buildings and benches at the field, and the roof was damaged at the concession stand. • Items were stolen from several vehicles in Hanover Green sometime Monday night into Tuesday morning. • Police said Nicholas Kachmarsky, 26, of Edwardsville, was charged with forgery and theft when he allegedly cashed a Western Union money order that had a stop payment notice on it at United Check Cashing on the Sans Souci Parkway on March 5. Kachmarsky was arraigned Tuesday and released on unsecured bail.
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DETAILS LOTTERY MIDDAY DRAWING DAILY NUMBER 1-1-8 BIG FOUR 5-1-2-0 QUINTO 3-3-2-3-3 TREASURE HUNT 16-18-24-25-30 NIGHTLY DRAWING DAILY NUMBER 0-1-4 BIG FOUR 7-3-0-4 QUINTO 3-6-8-2-1 CASH FIVE 19-21-24-31-36 MEGA MILLIONS 02-08-30-36-48 MEGA BALL 31 HARRISBURG – No player matched all five winning numbers drawn in Tuesday’s “Pennsylvania Cash 5” game so the jackpot will be worth $700,000. Lottery officials said 120 players matched four numbers and won $293 each and 4,974 players matched three numbers and won $11.50 each.
OBITUARIES Bakaysa, Michael Jr. Barber, James Chellis, Mary Fannon, Robert Gailis, Pauline Hankey, Melvin Hodgson, Ralph Sr. Howell, Geraldine Kislavage, Jean Koepke, Leona Minkoff, Charles Oeller, Clarence Oley, Robert Sr. Pretzman, Mary Shifflett, Josephine Taylor, Linda
Josephine Shifflett
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March 13, 2012 “Josie” Shifflett, 76, of Mountain Top, passed away sudJdenlyosephine Tuesday morning, March 13,
2012, in Geisinger Wyoming Valley Medical Center, Plains Township, after suffering a heart seizure. Born in Inkerman, she was a daughter of the late Louis and Evelyn (Armillei) DeNardo. Josie was a graduate of Jenkins Township High School, and was employed as a sales assistant for TRANE of Dupont, until her retirement. Josie enjoyed having a great time with her family and friends and loved to make them laugh. She loved to go to the casino, making great meals, and spending time with her three buddies, Cleo, Stella and Pearl. She was preceded in death by her son, Tony Shifflett. Surviving are her daughter, Donna Shifflett, with whom she resided with in Mountain Top; grandchildren, Chad, Danielle, Ryan, Kristen; four great-grandchildren; sister, Jerry Stakowiak, and her husband, Gene, Baltimore, Md.; a special person who was like another daughter to Josie, Kay Young; several nieces and nephews.
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Funeral services for Josie will be held Friday at 11 a.m. in the Corcoran Funeral Home Inc., 20 S. Main St., Plains Township, with Father Kenneth Seeger officiating. Interment will be held in the Italian Independent Cemetery, West Wyoming, at the convenience of the family. Friends may call Friday morning from 9 a.m. until 11 a.m. in the funeral home. Memorial donations may be made to the charity of one’s choice in Josie’s memory. Online condolences may be made at www.corcoranfuneralhome.com.
Clarence Oeller March 12, 2012 Clarence Oeller, 90, of WilkesBarre, passed away on Monday, March 12, 2012, in WilkesBarre General Hospital. He was born in Wilkes-Barre, on July 6, 1921, son of the late Joseph and Madeline Meyers Oeller. He was a graduate of GAR Memorial High School. Clarence was a U.S. Army veteran, serving during World War II. Prior to his retirement, he was employed in the local shoe industry. Clarence served for many more years, representing the workers in local shoemakers union. He was preceded in death by his
wife, Dorothy Kuranovich Oeller, in 1999; brothers, George, Joseph, Harry Oeller; and sister, Margaret Vesek. Surviving him are brothers, Alfred Oeller, Wilkes-Barre; Ralph Oeller and his wife, Mary, Delaware; Donald Oeller, Wilkes-Barre; nieces and nephews. Funeral services will be held on Thursday morning at 11 a.m. in the Nat & Gawlas Funeral Home, 89 Park Ave., WilkesBarre, the Rev. Robert Thomas officiating. Interment will be in Oak Lawn Cemetery, Hanover Township. Friends may call from 6-8 p.m. today in the funeral home. Online condolences may be sent by visiting Clarence’s obituary at www.natandgawlasfuneralhome.com.
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WILKES-BARRE, PA
County to postpone its audit of Stevens
DAFFODIL DAYS HOPE SPRINGS IN AREA
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By BILL O’BOYLE boboyle@timesleader.com
million loss to a $44.3 million loss. It was also forced to restate earnings from the first DeNaples two quarters of 2010, which the bank initially said showed a $2 million profit. In reality it lost $6 million, Solfanelli said. Neither DeNaples nor bank officials could be reached for comment Tuesday. Solfanelli said the lawsuit, which will be filed in Lackawanna County Court, is based in part on information obtained from a
SCRANTON – A Scranton law firm has announced it intends to file a lawsuit against First National Community Bank in Dunmore, alleging a loss of more than $50 million in shareholder value over the past four years. Joseph Solfanelli, an attorney with O’Malley & Langan, said Tuesday the lawsuit will be based on allegations the bank, which was once controlled by local business magnate Louis DeNaples, engaged in unsound and unsafe banking practices that led to significant losses in 2009 and 2010. According to Solfanelli, federal regulators forced FNCB to restate its earnings in 2009 from an $11.3 See BANK, Page 10A
Romney rips Santorum in GOP Illinois primary It was the third straight win in a big state for Romney. Santorum not deterred. By DAVID ESPO and STEVE PEOPLES Associated Press
CLARK VAN ORDEN/THE TIMES LEADER
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merican Cancer Society volunteer Melanie Smith of Mountain Top works on Tuesday on filling an order of daffodils for the organization’s 39th annual Daffodil Days. The fundraiser began this week. Flowers will be available throughout the week at the Wyoming Valley Mall, Wyoming Valley Health Care locations, St. John the Evangelist Church in Pittston, Redner’s Warehouse Market in Pittston, Citizens Bank locations in Wilkes-Barre, Dallas, Forty Fort and Kingston, the Cross Valley Federal Credit Union, Pierce Street Deli in Kingston and others. A bunch can be purchased with a $10 donation or a vase and bunch for a donation of $15. For more information, call the East Central Division American Cancer Society at 570-562-9749.
Redner’s still looking for site near former Mark Plaza store Grocer has yet to find just the right fit in the area near spot flooded in September.
Attorneys plan lawsuit vs. FNCB
Bank once controlled by Louis DeNaples
By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
See AUDIT, Page 10A
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Attorney Angela Stevens has come under scrutiny after probe reveals double billing.
WILKES-BARRE -- Hoping to save money, Luzerne County officials have decided to postpone performing a forensic audit of attorney Angela Stevens’ bills until they review a separate independent audit Stevens commissioned of her work. Controller Walter Griffith said he met with several county officials Tuesday and they concurred the county should wait to see what Stevens’ Stevens audit shows before deciding to spend tens of thousands of dollars on a second audit. Stevens, a partner in the Pyrah/Stevens law firm in Kingston, has come under scrutiny based on a Times Leader investigation last month that revealed she had double billed the county for work she performed in representing parents whose children are in the custody of Children and Youth Services. Her bills totaled more than $144,000 in 2011. A Times Leader analysis of the bills found many instances of apparent excessive billing, including for more than 24 hours of work on at least two days. Stevens has admitted she made billing errors, but contends the mistakes were an oversight. She notified the county in February she had hired Forensic Resolutions Inc. of Haddonfield, N.J., to audit her bills and promised to provide a copy of the report to county officials. Griffith said he spoke with an official at Forensic Resolutions on Tuesday, who advised him the audit would be complete in a week to 10 days. Griffith said he is conducting an in-house review of Stevens’ bills. Once he gets the Forensic Resolutions audit, he will compare its findings to information he has. The decision to proceed with a separate audit paid for
WEDNESDAY, MARCH 21, 2012
WEATHER John McGuire Mostly sunny, warm. High 73. Low 52. Details, Page 8B
fit for its target demographics. Located in the Mark Plaza shopping center off Route 11, the Edwardsville store has been closed since last September’s flooding because of severe damage, inventory loss, the risk of future flooding and the cost of flood insurance. In early February, White said the company ended its lease with plaza owner Acadia Realty. “It’s been our stance since it was decided that we would not return to the Mark Plaza,”
EDWARDSVILLE – Redner’s Warehouse Market has not found a new site to relocate its Mark Plaza store, but the company is actively looking for one. According to Redner’s spokesman Eric B. White, the grocery chain is conducting surveys in the area to find the best See REDNER’S, Page 10A
SCHAUMBURG, Ill. — Mitt Romney took a major stride toward the Republican presidential nomination Tuesday night, routing Rick Santorum in the Illinois primary for his third-consecutive big-state win 2 0 1 2 and padding his ELECTION already-formidable lead in the race for convention delegates. “What a night,” Romney exulted to cheering supporters in suburban Chicago. Looking beyond his GOP rivals, he said he had a simple message for President Barack Obama, the man Republicans hope to defeat next fall: “Enough. We’ve had enough.”
AP PHOTO
Mitt Romney speaks at his election night rally in Schaumburg, Ill., Tuesday.
Returns from 61 percent of Illinois’ precincts showed Romney gaining 48 percent of the vote comparedto34percent for Santorum, 9 percent for Ron Paul and 8 percent for a fading Newt Gingrich. That was a far more substantial showing for Romney than See ROMNEY, Page 10A
Gators OK, monkeys not, pet worker says Animals with claws and teeth, except for dogs and cats, require special state permit.
Bill Pambianco Jr. of The Pet Zone in Pittston shows one of the two alligators kept in the store’s reptile zoo & education center.
By EDWARD LEWIS elewis@timesleader.com
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Except for dogs, cats and certain livestock breeds, any animal that has claws and teeth will likely require a permit to own as a pet, a Pennsylvania Game Commission spokesman said Tuesday, a day after a Java Macaque monkey led authorities on a chase through Ashley. Jeff Arnott Sr., of Preston Street in the Carey’s Patch section, is fac-
PETE G. WILCOX/THE TIMES LEADER
ing a citation from the Game Com- spokesman Tim Conway. mission charging him with unlawArnott said Monday he had ful possession of an exotic animal without a permit, said commission See MONKEYS, Page 10A
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the grudging victories he eked out in the previous few weeks in Michigan and Ohio, primaries that did as much to raise questions about his ability to attract Republican support as to quell those questions. Santorum, who hopes to rebound in Saturday’s Louisiana primary, sounded like anything but a defeated contender as he spoke to supporters in Gettysburg. He said he had outpolled Romney in downstate Illinois and the areas “that conservatives and Republicans populate. We’re very happy about that and we’re happy about the delegates we’re going to get, too.” “Saddle up, like (Ronald) Reagan did in the cowboy movies,” he urged his backers. Romney triumphed in Illinois after benefiting from a crushing, 7-1 advantage in the television advertising wars, and as his chief rival struggled to overcome selfimposed political wounds in the
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an ability to defeat marathon race to “Occasionally Obama was the qualpick an opponent to you say some ity they most wanted Obama. a nominee. Most recently, things where you in While pre-primary Santorum backpedpolls taken several aled after saying on wish you had a days ago in Illinois Monday that the do-over.” suggested a close economy wasn’t Rick Santorum race, Romney and the main issue of Former Pa. senator Restore Our future, a the campaign. “Ocabout saying economy super Pac that backs casionally you say isn’t main campaign issue him, unleashed a some things where barrage of campaign you wish you had a ads to erode Santorum’s standdo-over,” he said later. Over the weekend, he was ing. One ad accused the former humbled in the Puerto Rico pri- Pennsylvania senator of changmary after saying that to qualify ing his principles while serving in for statehood the island com- Congress, while two others critmonwealth should adopt English icized him for voting to raise the debt limit, raise his own pay as a as an official language. Initial results showed Rom- lawmaker and side with former ney’s victory was worth at least Sen. Hillary Rodham Clinton to support legislation allowing fe19 delegates in Illinois. That gave him 541 in the over- lons the right to vote. In all, Romney and Restore all count maintained by The Associated Press, out of 1,144 need- Our Future outspent Santorum ed to win the nomination. Santo- and a super PAC that backs him rum has 253 delegates, Gingrich by $3.5 million to $500,000, an advantage of 7-1. 135 and Paul 50. After Louisiana, a 10-day break Exit polls showed Romney preferred by primary-goers who said follows before Washington, D.C., the economy was the top issue in Maryland and Wisconsin hold the campaign, and overwhelm- primaries on April 3. Santorum is not on the ballot ingly favored by those who said
BANK Continued from Page 1A
2009 stipulation FNCB reached with the Office of the Comptroller of the Currency, a federal agency that regulates banks. Solfanelli said that stipulation revealed the bank engaged in unsound practices and had failed to file suspicious-activity reports. More information regarding those issues will be released at a press conference scheduled for noon today at his firm, located at 201Franklin St., Scranton. The lawsuit is being filed to allow Solfanelli to obtain records that are needed to determine the full extent of the loss to his
client and other shareholders, he said. “The suit is to request the court to direct the bank to release records,” Solfanelli said. “Shareholders have a right to records if they have data to demonstrate mismanagement. I think there is overwhelming evidence to support that.” The Dunmore-based bank has 10 of its 21 banking facilities and a training center in Luzerne County. The bank’s stock price has declined from $18.99 per share on Jan. 2, 2008, to a closing price of $3.85 per share on Monday. It had reached a low of $2.10 per share on Jan. 10. DeNaples, former owner of the Mount Airy Casino in Paradise Township, Monroe County, had served on the board of
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in the nation’s capital. Neither Gingrich nor Paul campaigned extensively in Illinois. Gingrich was defiant in a state-
FNCB for decades and was chairman for a decade before he was forced to step down in 2008 after being charged with perjury in Dauphin County Court. Those charges alleged DeNaples lied to state gaming officials who were investigating his suitability to obtain a license to operate a casino at Mount Airy. The charges were withdrawn in April 2009 after DeNaples agreed to transfer ownership of Mount Airy to a trust in the name of his daughter. Federal banking officials sought to bar him from resuming his position with FNCB based on a section of banking law that prevents any person convicted of a crime of dishonesty from serving on a financial institution’s’ board. DeNaples has been battling to regain
PETE G. WILCOX/THE TIMES LEADER
REDNER’S Continued from Page 1A
White said of the company’s search for a new location. “There’s no timetable, but we have received numerous customer comments, and we intend to locate near our former site. We miss being in that area.” Joe Amato, principal of Amato Properties, the company that has developed the Gateway Shopping Center, said he had discussions with Redner’s about constructing a building, but those talks have been put on hold. Amato said “the numbers are a little shaky.” He said a large building with specific requirements – like a massive
Continued from Page 1A
by the county will be made after comparing the two, he said. “We figure if our audit in house comes close to their audit, she already paid for it, it
law, don’t buy the animal,” said Bill Pambianco Jr., whose father, Bill Sr., owns The Pet Zone on West Oak Street in Pittston.
refrigeration unit – would be “a big investment.” “Let’s say we’re still kicking the tires,” he added. White said he couldn’t confirm any possible site for a new location. He said company officials are still looking at market data for the region. The Mark Plaza store opened in 1997 and had been flooded three times in the last 10 years. All employees of the Edwardsville market were offered positions at other Redner’s stores in the region. The 216,000-square-foot Mark Plaza complex was home to more than a halfdozen businesses before the flood. Now, only the Long John Silver’s restaurant in the parking lot has reopened. Kmart, the plaza’s other anchor tenant, is under
saves us money,” Griffith said. In an interview last month, Assistant County Solicitor Vito DeLuca balked at the idea of accepting Stevens’ audit due to the conflict of interest it presents, given she’s paid for an audit of her own work. On Tuesday, DeLuca, who attended the meeting along with
ment issued after Romney sealed his victory. “To defeat Barack Obama, Republicans can’t nominate a candidate who relies on outspending
his seat for several years, but has lost several court challenges and remains off the board. First National Community Bancorp, the parent company of First National Community Bank, said in December the increase in its 2009 losses reflected accounting charges and allowances that had been recorded in 2010 but which were more properly recorded in 2009. The $33 million adjustment included a $10.1 million addition to the provision for loan and lease losses, $14.5 million in the securities investment portfolio, $8.1 million of goodwill impairment and $300,000 in other adjustments. One large non-performing loan was $4.1 million owed by W-Cat Inc., developer of The Sanctuary housing develop-
Bill Pambianco Jr. of The Pet Zone in Pittston shows two alligators kept in the store’s reptile zoo & education center while coworker Megan Bartoli looks on.
usual mammals and reptiles to check with their municipality to determine if a mammal or reptile is permitted. “If you’re not aware of the
www.timesleader.com
AP PHOTO
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AUDIT
THE TIMES LEADER
Republican presidential candidate former Massachusetts Gov. Mitt Romney smiles as he greets supporters at his election night rally in Schaumburg, Ill., Tuesday. Romney won the Illinois primary.
MONKEYS the monkey named Tyler for about 15 years. Neighbors said there were never any problems with the monkey that they said often played with cats. “Anything with claws and teeth or any kind of wildlife requires a special permit from the Pennsylvania Game Commission,” Conway said. “Dogs and cats are fine. You can also be looking at cows, sheep, horses that don’t require a permit, but then you’re getting into municipality ordinances.” A review of regulations from the state’s Game Commission and the Fish and Boat Commission directs buyers of un-
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“That’s one of the first things I say to a customer is to check with their municipality to see if there is an ordinance against owning a reptile,” he
his opponents 7-1. Instead, we need a nominee who offers powerful solutions that hold the president accountable for his failures,” it said.
ment in Wright Township. Stakeholders in the project included former Luzerne County judges and corruption-probe targets Mark Ciavarella and Michael Conahan, as well as their wives and attorney Robert Powell. W-Cat defaulted on the loan in November 2008, after only a handful of the 84 homes planned for the development were sold. Conahan was a member of FNCB’s board of directors before stepping down in 2010, after he was charged with participating in a more than $2.6 million kickback scheme connected to the construction of two private, for-profit juvenile detention centers and the placement of youths in the facilities in Pittston Township and Butler County.
said. While it is illegal to have a monkey as a pet without a permit in Pennsylvania, no permit is needed for an alligator, Pambianco Jr. said. In recent years, pet alligators have been found in the area. Drug agents arresting a suspected cocaine dealer found a 2½-foot alligator and exotic birds in his residence on Regent Street, Hanover Township, in April 2010. West Wyoming firefighters battling a blaze at a house on West Brady Street in January 2008 encountered a 4-foot alligator that was pulled from its cage. And, a man reported seeing an alligator in a pond known as the Dog Hole in Plains Town-
ship in July 2001. Conway said there are numerous businesses that advertise on the Internet selling primates and other exotic animals. But what may be a legal pet in Ohio might require a permit in Pennsylvania, he said. The laws can be complicated and inconsistent. Pambianco said it is illegal to sell a rattlesnake and copperhead snakes that are native to Pennsylvania, but not illegal to have a rattlesnake from New Jersey. He also said a fishing license is required to catch or take reptiles and amphibians, such as turtles, from waters in Pennsylvania, but a license is not required to take reptiles and amphibians if they are on land.
The Mark Plaza store opened in 1997 and had been flooded three times in the last 10 years. All employees of the Edwardsville market were offered positions at other Redner’s stores in the region. construction in preparation to reopen, but other tenants, including shoe discount chain Payless, have indicated they will not return. Amato said most of the storefronts in his two plazas are occupied. And, he said, the former Gateway Cinema building, which has been renovatPETE G. WILCOX/THE TIMES LEADER ed, will have new tenants soon. “We are near a deal,” Amato said. “But The Gateway Shopping Center, left, and the former movie theater, right, in EdI can’t provide any details at this time.” wardsville. Redner’s is looking for a new home after leaving the Mark Plaza.
County Manager Robert Lawton and Deputy Court Administrator Michael Shucosky, said everyone agreed the county should at least look at what Stevens presents before spending money on another audit. The county received four proposals for the audit, with costs ranging from $22,000 to
$46,500. “We’re talking a relatively short timetable. I agreed with everyone there that I don’t see any harm in waiting to see what that forensic audit shows,” DeLuca said. “Whether we choose to rely on it or not will be up to management and the administration to decide.”
Asked if the audit would be released publicly, DeLuca said he would need to review the Right to Know Law before he could make that determination. The Right to Know law applies to transactions involving a government body. DeLuca said he needs to research the law to determine whether the audit
would qualify as a transaction under the law. Melissa Melewsky, an attorney with the Pennsylvania Newspaper Publishers Association, said she believes the audit would qualify as a public record because it relates to expenditures the county made to Stevens.
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A taste for all things Greek
’Wild Things’ author Maurice Sendak dies at age 83.
Church’s annual food festival begins today.
NATION & WORLD, 5A
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A different view of childhood
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WILKES-BARRE, PA
SPORTS SHOWCASE
In the third period of
Tuesday’s Game 5 between the Wilkes-Barre/ Scranton Penguins and St. John’s IceCaps, Simon Despres inadvertently hit his goaltender, Brad Thiessen, in the face with his stick. Two OT periods later, Despres hit the back of the St. John’s net. 1B
By TERRIE MORGAN-BESECKER tmorgan@timesleader.com
A forensic audit of invoices submittedbyattorneyAngelaStevensreveals she overbilled the county nearly $60,000 for legal work, but she does not owe Luzerne County any money because the overcharges have already been repaid. The audit, performed by Howard Silverstone of Forensic Resolutions Inc. of New Jersey, determined Ste-
vens is actually owed about $20,000 because of certain credits she is due. Her attorney,MarkRaspanti, told county officials Stevens she will not seek to collect the money. Theaudit,whichwaspaidforbyStevens, confirmed findings of a Times LeaderinvestigationthatrevealedSte-
vens duplicated charges in bills she submitted for representing parents in Children and Youth cases from June 2010 to February 2012. Silverstone concluded errors were made, but he found no evidence to indicate Stevens attempted to “intentionally conceal” information from the county.Heblamedpartoftheproblem on the manner in which bills were processed in her office, but explanations for other billing issues he identi-
Area woman takes on Pa. Medicaid cuts
GAME 2
INSIDE A NEWS Obituaries 2A, 8A Local 3A Nation & World 5A Editorials 11A B SPORTS: 1B BUSINESS: 7B Weather 8B C TASTE: 1C Birthdays 4C Television 8C Crossword/Horoscope 9C D CLASSIFIED
WEATHER Adrienne Wren. Partial clearing, showers. High 73, low 56. Details, Page 8B
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All manufacturing $44,958 All jobs $36,709 $0
DON CAREY/THE TIMES LEADER
Aldona Smith, 94, of Wilkes-Barre, beams Tuesday as she gets a round of applause from a large group of nursing home workers who gathered in Harrisburg to ask legislators to restore a 4 percent cut in Medicaid funding.
Twisting arms
SCRANTON – A federal judge on Tuesday ordered a Holy Redeemer football coach charged with producing child pornography to remain incarcerated pending a hearing Thursday to determine whether he will be entitled to bail. Joseph Ostrowski, 28, was arrested Monday by agents with the FBI. A criminal complaint says Ostrowski enticed a minor to perform sexually explicit con-
$80,000
Factory jobs drop 39% in decade
Manufacturing still bigger part of job market than in all but 15 largest metro areas. By ANDREW M. SEDER aseder@timesleader.com
See JOBS, Page 12A
Complaint: Ostrowski enticed minor, transmitted threat ify what type of device – such as a computer or cellphone – Ostrowski allegedly used to transmit the image or images or his hometown. It also does not identify the person whom Ostrowski allegedly enticed or the person whom he allegedly threatened. An affidavit in support of the complaint, which contains more detail, remained sealed Tuesday. Ostrowski was arraigned on the charges Tuesday before U.S. District Judge Thomas Blewitt, who ordered him held pending a detention hearing set for 3 p.m. Thursday. A preliminary hearing
$40,000
Source: Brookings Metropolitan Policy Program Mark Guydish/The Times Leader
See OSTROWSKI, Page 12A
that gathered at the Rotunda in the capitol Harrisburg to ask legislators to restore the 4 percent Medicaid cut in the proposed state budget.
duct, which he then transmitted via some sort of electronic device. He also is charged with Ostrowski using an electronic device to transmit a threat to ruin a person’s reputation with the intent of extorting money or things of other value from them, according to the complaint. The complaint, which initially was filed under seal, was released Tuesday. It does not spec-
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is set 9:30 a.m. May 23. Ostrowski’s attorneys, Frank Nocito and Philip Gelso, declined to comment on the case. Ostrowski has been suspended from his post at Holy Redeemer, where he was the head coach of the varsity football team. Scranton Diocese Spokesman Bill Genello said in an email that Ostrowski’s only job at the high school was football coach. He also said “per diocesan policy, a background check was conducted. Mr. Ostrowski had the
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ARRISBURG – Aldona Smith stood in the center of the state Capitol building rotunda and delivered a message that reverberated loud and clear. “Do not meddle with Medicaid!” the 94-year-old INWilkes-Barre resident SIDE: Budget plan pleaded. While she may have would been preaching to the restore “choir” of about 500 nurs- millions, ing home employees and 6A. advocates surrounding herandapplauding,herremarksweredirected at legislators and Gov. Tom CorDON CAREY/THE TIMES LEADER bett, whose 2012-13 budget proposal includes a 4 percent cut to Medicaid 94 year old Aldona Smith speaks to a large group of nursing home workers See SMITH, Page 12A
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The greater Wilkes-Barre/ Scranton region has experienced a 39 percent decline in manufacturing jobs over the past decade, but the industry is still a larger part of the employment market here than in all but 15 of the 100 largest metropolitan areas nationwide. And while the sector still employs one out of every 10 workers locally, well ahead of the national rate, manufacturing wages are among the lowest in the nation, a status explained by the type of manufacturing done here. The report finds more than one-third of manufacturing workers nationally engaged in “moderately high tech” or “very high-tech” work, with its accompanying high salaries. In this area only about 16 percent of jobs fit those definitions. The details are included in a report released today by the Brookings Institution Metropolitan Policy Program that compares the state of manufacturing in the nation’s top 100 metro areas by population. Penny Cannella, president of the region’s economic development conduit Penn’s Northeast, said the report’s findings do not surprise her but noted while manufacturing jobs have fallen over the past few years, the industry is by no means losing its grip on the region. Walter Niziolek, senior vice president of global manufacturing for Exeter-based electric scooter maker Pride Mobility, said manufacturing is still strong but technology and the economy have played roles in limiting
By STEVE MOCARSKY smocarsky@timesleader.com
By TERRIE MORGAN-BESECKER and MARK GUYDISH tmorgan@timesleader.com mguydish@timesleader.com
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AVERAGE MANUFACTURING WAGES, LOCAL VS. NATIONAL National average Scranton/Wilkes-Barre metro area Scranton/Wilkes-Barre national ranking
Moderately high-tech manufacturing
AMERICAN LEAGUE
GAME 1
See STEVENS, Page 2A
$56,745
Bryce Salvador, David Clarkson and Ilya Kovalchuk scored to lift New Jersey to a 3-1 Game 5 win over Philadelphia on Tuesday, sending the Devils into the Eastern Conference Finals. 1B
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fied are less clear. Stevens contracted with Silverstone’s firm to conduct a forensic audit to determine if the findings of a Times Leader investigation reported in February were accurate. The newspaper cited evidence that showed Stevens repeatedly charged the county travel time for each individual fee petition she delivered to the
Very high-tech manufacturing
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Audit: County overbilled $60,000 Stevens did not attempt to “intentionally conceal” information, says accountant who did audit.
PENS 3, ICECAPS 2
WEDNESDAY, MAY 9, 2012
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courthouse, even though the petitions were delivered in a single trip. The newspaper also questioned excessive charges for certain days, including instances in which Stevens claimed to have worked more than 24 hours in a single day. Stevenspreviouslyadmittedshemade mistakes, but maintained the errors were caused by an oversight. Stevens was among18 attorneys who were paid $55 per hour by the county to represent parents whose children are in the custody of Children and Youth Services. The audit, which reviewed only Stevens’ bills, confirmed she overcharged the county for time she spent on cases, as well as time spent preparing and delivering her bills. According to Silverstone, Stevens charged a total of $212,629 for work she performed over the 21month period. Silverstone determined that amount included duplicatebillsthattotaled1,073.5hours, or $59,042.50 The most significant overbilling involved the preparation and delivery of fee petitions. Silverstone identified 1,619 billing entries that included duplicate charges totaling just less than 1,001 hours, or $55,049.50. Silverstone also identified 126 bills in which Stevens overcharged for the number of hours of casework, which includes such things as meeting with clients and attending court hearings. That equaled 72.6 hours, or $3,993. Silverstone concluded Stevens does not have to pay any money to the county, however, because of credits she is due for checks she received, but never cashed, and for work she performed for which she has not been paid. Silverstone determined Stevens was due a credit of $59,576, which included $28,255 for work for
Michele Ann Mittner
which she was not paid, and $31,321fortwochecksshereceived from the county, but never cashed. Those checks have since been voided. His analysis determined Stevens was owed $153,586.77 (the $212,629.27 billed less overcharges of$59,042.50).Thetotalamountof county money Stevens actually received and deposited into her firm’s account was $132,953.22, leaving a balance of $20,633.55 that is owed to her. In a letter to county officials, Raspanti said she will not seek payment of that money. He also noted she has also spent about $37,000 for the Silverstone audit. The audit concluded that, although there were duplicate charg-
Mary J. Alba May 5, 2012 J. Alba, 90, of West Pittston, M ary passed away Saturday, May 5,
2012, at her daughter’s home in Dale City, Va., where she resided for the past year. Born in Pittston on November 18, 1921, she was a daughter of the late Sam and Rosalie (Capizi) Ferrara. She attended Pittston City Schools and was employed in the garment industry with Josephine Fashions in Pittston, until her retirement in 1986. She was a lifelong member of Immaculate Conception Roman Catholic Church in West Pittston. Mary was preceded in death by her parents, two sisters, and four brothers. Surviving her is only daughter, Charlotte, and her husband Craig Mosser, Dale City, Va. Also surviving are grandchildren, John Martin and his wife, Heather, Ashburn, Va., Susan Lee Tantau and her husband Blake, Bristow, Va., Jason Mosser and Chris Mosser, Woodbridge, Va., Amanda Mosser Seay and her husband Thomas, Dale City, Va. Also surviving are four great-grandchildren, Jordan Mikols Martin, John Wilson Martin, Jake Martin Tantau, and William Blake Tantau. Funeral services are entrusted to Graziano Funeral Home Inc., Pittston Township. Viewing hours will
be held Thursday from 5 to 7 p.m. in the funeral home. Funeral services will begin at the funeral home on Friday at 9 a.m. A Mass of Christian Burial will be held from Corpus Christi Parish (Immaculate Conception Church) West Pittston, at 9:30 a.m. on Friday. Interment services will follow at Mt. Olivet Cemetery, Carverton. In lieu of flowers, memorial contributions may be made in Mary’s name to Capital Caring, 2900 Telestar Court, Falls Church, Va. This hospice service cared lovingly for Mary and her family the past two weeks. You may submit online condolences as well as find directions to the funeral home by visiting www.grazianofuneralhome.com.
Loretta Shambe
May 5, 2012
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es, the invoices appear to correctly portray the services Stevens performed and there was no evidence that Stevens or her staff “intentionally concealed” information from the county. As to what caused the billing errors, Silverstone pointed to an accounting issue that may have contributed to some of the billing issues. Regarding cases that included excessive casework hours, Silverstone noted he found several instances in which Stevens billed for 11 hours or more on a single day, and 44 instances in which more than 11 hours were charged for bill preparation and delivery. He said that was partly because employees in Stevens’ office
ichele Ann Mittner, 36, of Greenwich Township, Berks County, died May 5, 2012, as the result of an automobile accident. Born in Erie, she was the daughter of Gretchen M. (Besler); wife of Rodney D. Barrell, Kutztown, and the late Edward W. Mittner. She was a member of St. Paul’s United Church of Christ Church, Kutztown. Michele was a 1994 graduate of Kutztown Area High School and earned a Bachelor of Social Work from College Misericordia, Dallas, in 2004. She was employed by Signature Family Services, Blandon, for the past six months, last working April13, 2012. Prior to that, she was an Aftercare Counselor for the Caron Foundation, Wernersville, for four years and an Adolescent Counselor for Mercy Hospital, Wilkes-Barre. Michele always found time to play with her son, Ryan, anything from baseball and basketball to building Lego projects, and just simply going for walks together. She worked hard to be a kind and thoughtful person who would help anyone in need. Survivors are her mother and stepfather; son, Ryan M. Tarreto II, at home; sister, Lindsay G. (Straub), wife of Micah J. George, and nephew Dexter J. George, all of Mohrsville; half-brother, Michael Mittner, Erie; maternal grandmother, Dolores (Wedzik), wife of Thomas Finch, Harborcreek, Erie Co.; paternal grandmother, Clara (Milina) Mittner, Erie; step-grandmother, Helen M. (Ketner) Barrell, Kutztown, and stepbrothers, Kyle S., husband of Kelley (Zaffuto) Barrell, Kutztown, and Michael D., husband of Karissa (Kutz) Barrell, Lansdale, Montgomery County. She is also survived by many aunts, uncles and cousins. Memorial services will be held Thursday at 7:30 p.m. from the Ludwick Funeral Home, 333 Greenwich Street, Kutztown, with the Rev. John W. Davies officiating. Interment will be private at the convenience of the family. Friends may call Thursday 5:30 to 7:30 p.m. in the funeral home. The family requests contributions be made to the Michele A. Mittner Memorial Fund for Son Ryan M. Tarreto II, c/o Ludwick Funeral Homes Inc., P.O. Box 292, Kutztown, PA 19530-0292. Online condolences may be recorded at www.ludwickfh.com.
May 6, 2012 Shambe of Dupont passed L oretta away Sunday, May 6, 2012, in
Wesley Village, Jenkins Township. Born on December 1, 1915, in Dupont, she was a daughter of the late Martin and Barbara Juszczyk. Loretta is survived by daughter, Rosalie Shambe, Wilkes-Barre; grandson Anthony Conyers; granddaughter, Lisa Borick, and her husband, Chris; great-grandsons, Samuel and John Borick. She is preceded in death by her husband, John Shambe; daughter, Carol Surma; grandson Samuel John Blaze Surma; three sisters and five brothers. The funeral will be at the conve-
nience of the family from the Mamary-Durkin Funeral Service, 59 Parrish St., Wilkes-Barre.
Julie Vosburg
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JOE BUTKIEWICZ VP/Executive Editor (570) 829-7249
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See STEVENS, Page 9A
May 5, 2012 ugene J. (Geno) Valentine, 91, a E native of Glen Lyon, and formerly of Redford and Detroit, Mich.,
passed away Saturday morning, May 5, 2012, at the home of his son and daughter-in-law in Morganville, N.J. Born on April 9, 1921, in Glen Lyon, he was a son of the late Achille and Agnes Berrardi Valentine. He attended the Newport Township schools. He and his late wife, the former Delia L. Pavia, a native of Plains Township, resided in Detroit from 1954 to 1975 and later Redford, Mich., until moving to live with their son and daughter-in-law, Leonard and Maggie Valentine, in December 2008. He served with the U.S. Army during World War II, stationed at Fort Knox, Ky. Mr. Valentine had been employed by the Ford Motor Company as a quality-control inspector at the Wixom, Mich., assembly plant, retiring in 1991 after 33 years of service. He was a member of St. Mary’s of Redford Church, Detroit, Mich., for many years; and was a member of the United Auto Workers Union. He was an avid sports fan and especially liked watching football, baseball and basketball. He was preceded in death by his wife of 64 years, Delia L. Pavia Valentine, on June 7, 2009; brothers, Londo and Greno (Chick) Valentine; and sister Florence Pavia. Surviving are sons, Eugene Valentine, Bloomfield Hills, Mich.; Leonard Valentine and his wife, Maggie, with whom he resided in Mor-
ganville, N.J.; grandchildren, Anthony Valentine (Katie), Christina Johnson (Nick), Julianne Valentine, Jane Valentine, Gina Crouch (Matt), Jaclyn Denton (Blake), Leo and Steven Valentine; great-granddaughter, Hannah Jane Valentine; great-grandsons, Christian Denton, Phineas Crouch and Bradley Denton; sister Ida Valentine, Nanticoke; and many nieces and nephews. Funeral services will begin Saturday at 9:30 a.m. from Davis-Dinelli Funeral Home, 170 E. Broad St., Nanticoke, with a Mass of Christian Burial at 10 a.m. in St. Faustina Kowalska Parish/St. Mary’s Church, 1030 S. Hanover St., Nanticoke, with the Rev. James Nash as celebrant. Interment will follow in Italian Independent Cemetery, Glen Lyon. Visitation will be Saturday from 8:30 to 9:30 a.m. at the funeral home. Contributions in his memory may be made to the American Heart Association., 613 Baltimore Drive, Suite 3, Wilkes-Barre, PA 18702.
Patricia Francik May 7, 2012 atricia (Chutch) McCarthy Francik, 75, of Plains, passed P away peacefully May 7, 2012, sur-
rounded by her loving family at home. Born in Wilkes-Barre on March 21, 1937, she was the daughter of the late Eugene and Eleanor Kelly McCarthy. She attended Wilkes-Barre Area Schools. She is preceded in death by her husband, Albert Francik, who died June 9, 2009; brothers, Jackie, Frances, Eugene Jr., Edward, Joseph, and Thomas; sisters, Dolores, Eleanor Castellino. Family always came first to Patricia throughout her life. She will forever be remembered as a loving mother, grandmother, great grandmother, sister, aunt and friend. She will be deeply missed by all those who knew and loved her. She also enjoyed camping with family and friends. Surviving are daughter, Colleen Williams and husband, John, Dupont; grandchildren, Jeffrey Williams and fiancée Amie, John Michael Williams, Lisa Krantz and husband David; great grandchildren, David and Alexis Krantz; sister, Elizabeth Monk, Naples, Fla.; Helena Chalker, Plains; Catherine Burns, Swoyersville; and numerous nieces, nephews and friends.
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DETAILS LOTTERY MIDDAY DRAWING DAILY NUMBER – 2-3-8 BIG 4 – 7-0-8-5 QUINTO – 7-5-8-6-7 8-0-2-2-6 DOUBLE DRAW TREASURE HUNT 2-10-12-22-23 NIGHTLY DRAWING DAILY NUMBER – 4-6-0 BIG 4 – 3-7-9-7 QUINTO – 6-2-1-5-5 CASH 5 18-27-28-32-33 MEGA MILLIONS 02-06-08-18-51 MEGA BALL 19 HARRISBURG – No player matched all five winning numbers drawn in Tuesday’s “Pennsylvania Cash 5” game, so the jackpot will be worth $225,000. Lottery officials said 46 players matched four numbers and won $306.50 each.
OBITUARIES Alba, Mary Arnold, Thomas Bethel, Willard Coyle, Marlene DiRisio, Joseph Forster, David Francik, Patricia Gaines, Leon Hoover, Floyd Koznetski, Joseph Matta, Florence Mittner, Michele Puscavage, Paul Sr. Ruduski, Mary Ruz, Alan Schuette, Douglas Shambe, Loretta Valentine, Eugene Vosburg, Julie Page 2A, 8A
WHO TO CONTACT
She was an active member of American Legion, Pittston, where she was a 10-year member of the Ladies Auxiliary, Polish Club, Plains; Lithuanian Club, Inkerman; and Italian Citizens Club, Hudson. Friends may call Thursday from 4 to 7 p.m. at the Yeosock Funeral Home, 40 S. Main St., Plains. In lieu of flowers, the family asks that donations be made to Hospice Community Care in Patricia’s name or charity of donor’s choice. Patricia’s family wishes to extend their heartfelt thanks and gratitude to the nurses and staff of Hospice Community Care for the kind and compassionate care they bestowed upon Patricia during her time of illness.
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Thomas R. Arnold
continued prayers, support and comfort to Julie and her family. Surviving are three sons, Gary Jr., his wife Nicole, Doylestown; Scott and his companion, Megan, Perkasie; and Christopher and his wife, Cherry, Dickson City. Also surviving are her sisters, Janet Thomas and husband John, Benton; Jackie Conforti and husband Angelo, Old Forge; granddaughter, Brynn Vosburg, who she adored; nieces and nephews, Michael Wozniak, Tiffany Gray, Tara and Jerry Walsh; godchildren, Angelo Jr. and Gianna Conforti who she loved dearly and thought of as her own; her best friend, Linda Polt; aunts, an uncle, cousins, many friends and her dog, Bella. Funeral services will be held Friday at 9:30 a.m. from Kiesinger Funeral Services Inc., 255 McAlpine St., Duryea, with Mass at 10 a.m. in Holy Mother of Sorrows PNNC, 212 Wyoming Ave., Dupont. Interment will be at Holy Mother of Sorrows Cemetery. Visitation will be held on Thursday May 10th from 2 to 4 p.m. and 7 to 9 p.m. The family requests memorial donations be made in memory of Julie to Holy Mother of Sorrows PNCC. Online condolences may be made to www.kiesingerfuneralservices.com.
DENISE SELLERS VP/Chief Revenue Officer (570) 970-7203
by several people. The report does not clearly articulate possible explanations for overcharges for other casework
Eugene J. Valentine
May 5, 2012 homas Richard Arnold, Ph.D., 78, of Wilkes-Barre, died SaturT day, May 5, 2012, in the Hospice
Care of the VNA. Born August 5, 1933 in WilkesBarre, he was a son of the late Harry M. and Margaret C. Mellet Arnold. A graduate of E.L. Meyers High School, he attended Ithaca College before studying for his Bachelor of Arts in Economics from King’s College. He earned his Masters of Art in Economics from the University of Notre Dame and Ph.D. in Economics from the Maxwell School at Syracuse University. Tom worked in Washington, D.C., for a few years as an economist for the Eastern Conference of Teamsters before returning to WilkesBarre. In 1960, he began a 40-year career teaching economics at King’s College, taking brief hiatuses to complete his doctorate and postdoctoral studies at the University of Chicago. At King’s, he served as department chair, was named the Herve A. LeBlanc Distinguished Service Professor for three years and earned the Christi Regis Award for 20 years of service to the college. Tom had a life-long love for music, which led to his founding of The Troubadours while in high school.
He was a member of Delta Epsilon Sigma, King’s College Chapter, and the Pennsylvania Economic Association, which he served as President in 1995 to 1996. His sister, Peggy Ann, preceded him in death. He will be greatly missed by his wife, the former Justine Pendel; sisters-in-law, Mary Pendel and Louise and her husband, Daniel Shea, of Arlington, Va.; six nieces and nephews; many great-nieces and greatnephews; and friends. A celebration of Tom’s Life will be held Monday with visitation beginning at 9:30 a.m., followed by Funeral Mass at 10:30 a.m. in the Church of Saint Mary of the Immaculate Conception, 130 S. Washington St., in Wilkes-Barre. Tom’s family expresses their thanks and appreciation to the nursing staff at Hospice Care of the VNA for the care, concern and treatment they administered. Memorial donations are preferred and may be made to Hospice Care of the VNA, 486 Northampton Street, Edwardsville, 18704-4599. Arrangements are by McLaughlin’s – The Family Funeral Service. Permanent messages and memories can be shared with Tom’s family at www.celebratehislife.com.
More Obituaries, Page 8A
An PRASHANT SHITUT President & CEO (570) 970-7158
THE TIMES LEADER
worked on the cases, in addition to her. When the information was entered into the billing system, it was entered under her name only, which indicated she performed all the work when in fact it was done
May 7, 2012 Julie Vosburg, 53, passed away Monday, May 7, 2012, surrounded by her loving family and friends after a courageous 4½year battle with metastatic breast cancer. A lifelong resident of Moosic, Julie was a daughter of Julius and Rose Marie Janesko. She was a member of Holy Mother of Sorrows PNCC in Dupont and a graduate of Riverside High School. Julie was a beautiful, loving mother, daughter, sister, grandmother, aunt and friend. Her greatest joy in life was her family, who she was devoted to and loved dearly. Always courageous, she was an inspiration to everyone who met her, and put everyone’s needs above her own. She lived life to the fullest and refused to let her disease define her life. Julie enjoyed volunteering with Living Beyond Breast Cancer at their conferences and never missed one since her illness. She will be greatly missed by all the lives she has touched. Julie’s family would like to thank Fox Chase Cancer Center, Dr. Patel and Dr. Goldstein for their compassionate care of Julie throughout her illness. The family would also like to thank Father Zbigniew Dawid for his
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BUILDING TRUST The Times Leader strives to correct errors, clarify stories and update them promptly. Corrections will appear in this spot. If you have information to help us correct an inaccuracy or cover an issue more thoroughly, call the newsroom at 829-7242. AN INCORRECT PHONE number was published in a health brief for Allied Services Integrated Health Systems’ free arthritis screenings on Page 1C in Tuesday’s Times Leader. The correct phone number is 1-888-734-2272.
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