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Times Leader 09-08-2011

Times Leader 09-08-2011

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Published by The Times Leader
The Wilkes-Barre Times Leader 09-08
The Wilkes-Barre Times Leader 09-08

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Published by: The Times Leader on Sep 08, 2011
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to relocate to higher ground.In June 2006 more than100,000peoplewereorderedtoevacuatebecauseof highwater when the river rose to 34.14feet.Already officials called forschool districts to cancel class-es,roadstobeshutdown,floodgates be put up on the MarketStreet Bridge, portal gatesclosed on the River Commonsand the Pennsylvania NationalGuard be activated to assist with the developing emergen-cy.Ifforecasterswerecorrecton WILKES-BARRE Thethreat of the Susquehanna Riv-erreachingaheightof38.5feetFriday morning led LuzerneCounty officials to call for ap-proximately 50,000 people toleave their homes in areas un-protectedbytheleveesandleftcommissioners considering afull-scale evacuation of the Wyoming Valley. The call would be made to-day based on updated informa-tionandinenoughtimeforpeo-ple to move furniture and per-sonal belongings out of high waterinthedaylighthoursand
50,000 residents flee rain-swollen Susquehanna River 
Expected 38.5-foot crest would be the highest since Agnes in1972
General evacuation is possible
CLARK VAN ORDEN/THE TIMES LEADER
Above,peoplewerebeingevacuatedfromlow-lyingareasalongtheSusquehannaRiveronWednesday.TherivercouldseethesecondhighestfloodsinceTropicalStormAgnesinJune1972.Below,workerstrytopickcropsonanareafarmasfloodwatersneartheunprotectedarea.
AIMEE DILGER/THE TIMES LEADER
DALLAS – Tony Mussari callstheactionsofpassengersonUnit-ed Airlines Flight 93 on Sept.11,2001,“sosymbolicofwhatAmer-ica is on its best day.’’“It was quintessential Ameri-ca,” Mussari said.Mussari, 69, of Dallas, and his wife,theformerKitchLoftus,62,have transformed much of theirproperty on Windsor Drive inDallas into “Windsor Park” – a walking trail of greenery, ponds,benches andtributes. Oneof the tributesis to the mem-ory of the 40passengers of Flight 93.Called “An-gel Garden,” itcontainsmarkers andnames of allthe passen-gers and crewmembers, a Flight 93 flag and arock for every life lost at all siteson 9/11. It’s a labor of love anddeeprespectforthevictims,theirfamilies and friends.
INSIDE:
Shanksville feelsobligation,
Page7A
Volunteer recallstown’s mood,
Page7A
Couple honor Shanksville ‘angels’ with documentary and garden
Tony and Kitch Mussaribelieve the victims of Flight93 are often overlooked.
ByBILLO’BOYLE 
boboyle@timesleader.com
SeeSHANKSVILLE,Page7A
CLARK VAN ORDEN/THE TIMES LEADER
KitchandTonyMussariofDallasintheirAngelGar-den,amemorialtoFlight93victimsofSept11.Thegardencontainsmarkersandnamesofallthepas-sengersandcrewmem-bers,aFlight93flagandarockforeverylifelostatallsiteson9/11.It’salaborofloveanddeeprespectforthevictims,theirfamiliesandfriends,accordingtothecouple,theyproduceananni-versaryvideoaboutthecrasheachyear.
43KILLEDINPLANECRASH
A private jet carrying aRussian professionalhockey team crashedshortly after takeoffWednesday, killing 43people — including Eu-ropeanandformerNHLplayers —in one oftheworstaviationdisastersin sports history. Twopeople survived the acci-dent. One of the deadwas Pavol Demitra, whoplayed for the St. LouisBlues and the VancouverCanucks.
Sports,1B
SPORTSSHOWCASE
NATIONAL LEAGUE
PHILLIES3BRAVES2METS1MARLINS0
AMERICAN LEAGUE
ORIOLES5YANKEES4BLUEJAYS11REDSOX10TIGERS8INDIANS6
C M Y K
6
09815 10011
WILKES-BARRE, PA THURSDAY, SEPTEMBER 8, 2011 50¢
timesleader.com
T
he
T
imes
L
eader
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20
VOUCHERFOR ONLY
$
10
Mark Ciavarella transferredfrom Philly to Oklahoma City
NEWS,3A
Ex-judge movedto Oklahoma 
Dr. John Francis Therouxworked as child psychologist
NEWS,3A
 Area doctor facesporn charges
INSIDE
ANEWS:
Local 3ANation & World 5AObituaries 2A, 8AEditorial13A
BSPORTS:
Scoreboard 2BMLB 4BBusiness 8BStocks 9B
CLIFE:
Birthdays 3CMovies/TV 6CCrossword 7CFunnies 8C
DCLASSIFIED
 WEATHER
JackSwiderskiRainHigh73.Low63.
Details, Page10B
Momentsaftersheandherfamilywereres-cued from their flooded Butler Townshiphome Wednesday afternoon, Kelly Orlandoburiedherheadinhertowel-wrappedcatandfought back tears.“Idon’twanttogothroughthisagain,”shesaid to Butler Township Manager SteveHahn.FarmerHarold“Buddy”Golombwasexpe-riencingthesametrepidationinPlainsTown-ship on Wednesday afternoon, as he and his workers raced to pick fall crops.“We’re picking – picking all day – because we’re going to be 100 percent underwater,”Golomb said. “We harvest up until Thanks-
Resignation, tearsas the waters rise
ByJENNIFERLEARN-ANDES andEDWARDLEWIS 
 jandes@timesleader.com, elewis@timesleader.com
SeePREPARE,Page14A
Schools, medical facilities close,
Page11A
Other areas affected by Lee,
Page12A
Evacuation is a wrenching decision,
Page14A
For the complete weather forecast,
Page10B
MORE ON THE FLOODING
Many roads flooded;schools cancel class
SeeFLOOD,Page11A
ByJERRYLYNOTT 
 jlynott@timesleader.com
Demitra
 
K
PAGE 2A THURSDAY, SEPTEMBER 8, 2011 THE TIMES LEADER www.timesleader.com
Berry,MartinBorzell,JohnGarvin,ElizabethGupko,EdwardHeck,DonaldHeiser,CharlesHollock,MichaelKiefer,AdamKieszek,JosephMarczak,StanleyMichalak,DorothyMieldazis,MichaelPearsall,AdrianRusanowsky,LeonaSearfoss,DorothySimko,HelenSondheim,NormanSwanberry,MaryTavella,JasonTensa,ElaineWard,John
OBITUARIES
Page 2A, 8A
BUILDINGTRUST
The Times Leader strives tocorrect errors, clarify storiesand update them promptly.Corrections will appear in thisspot. If you have informationto help us correct an inaccu-racy or cover an issue morethoroughly, call the newsroomat 829-7242.
HARRISBURG – One playermatched all five winningnumbers drawn in Wednes-day’s “Pennsylvania Cash 5”game and won $125,000Lottery officials said 57players matched four num-bers and won $281each and2,406 players matchedthree numbers and won $11each.
LOTTERY
MIDDAYDRAWING
DAILY NUMBER
4-3-9
BIG FOUR
6-8-1-6
QUINTO
7-0-6-7-5
TREASURE HUNT
10-13-16-24-28NIGHTLYDRAWING
DAILY NUMBER
8-6-6
BIG FOUR
3-7-6-1
QUINTO
0-7-8-7-5
CASH FIVE
05-15-24-31-37
POWERBALL
03-05-18-27-54
POWERBALL
13
POWER PLAY
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Delivery Monday–Sunday $3.50 per weekMailed Subscriptions Monday–Sunday$4.35 per week in PA$4.75 per week outside PAPublished daily by:Impressions Media15 N. Main St.Wilkes-Barre, PA 18711Periodicals postage paid atWilkes-Barre, PA and additional mailing officesPostmaster: Send address changesto Times Leader, 15 N. Main St.,Wilkes-Barre, PA 18711
+(ISSN No. 0896-4084)USPS 499-710
Issue No. 2011-251
D
onald F. Heck, 84, of HollandStreet, Wilkes-Barre, passedawayTuesday,September6,2011,athis home.Born September 3, 1927, in Wilkes-Barre, he was a son of thelate Harry and Elizabeth BaslerHeck. He was a graduate of GARMemorial High School, class of 1945.Donald was a U.S. Army AirCorps Veteran, serving durin World War II. He was formerly em-ployed by the Penn Drug Co. in Wilkes-BarreandlaterbyEllisBeerDistributors in Wilkes-Barre.HewasamemberofSt.Andrew’sParish in Wilkes-Barre, and prior toits closure he had been a longtimemember of St. Boniface Church, Wilkes-Barre. He was an avid bow-ler in many leagues at StantonLanes in Wilkes-Barre.Donaldwasprecededindeathbyaninfantdaughter,LindaHeck;andby his brothers Harry, Robert andGerald Heck.Survivingarehiswifeof61years,Nancy Metkevich Heck; daughter,Kathleen Howanitz, and her hus-band, Mark, Hunlock Creek; son,Donald Heck, and his wife, Cheryl,Ronks; grandchildren, Tammy,Kierstin, Donald, Joshua and Nath-an Heck; great-granddaughter, Jen-nifer Jenkins; brother EdwardHeck, Wilkes-Barre; sisters, LeonaKonopka, Wilkes-Barre; PhyllisHeck, Wilkes-Barre; and LucilleSchneikart and her husband, Fred, Wilkes-Barre; as well as nieces andnephews.
FuneralServices
 willbeheldat 9 a.m. Friday from the Nat& Gawlas Funeral Home, 89 ParkAve., Wilkes-Barre, with a Mass of Christian Burial to follow at 9:30a.m.inSt.Andrew’sParish,316Par-ish St., Wilkes-Barre, with the Rev.James E. McGahagan, pastor, offi-ciating.IntermentwillbeinSt.Ma-ry’s Cemetery, Hanover Township.Friendsmaycallfrom5to8p.m.to-day at the funeral home.Memorial donations, if desired,may be made to the American Can-cerSociety, 712S. KeyserAve., Tay-lor, PA18517.Online condolences may be senttowww.natandgawlasfuneralhome-.com.
Donald F. Heck 
September 6, 2011
E
laine J. Tensa, 58, of Plymouth,passed into the Hands of theLordTuesday,September6,2011,attheGeisingerWyomingValleyMed-ical Center.She was born September 18,1952, in Alden, and was a daughterof the late Stanley and Helen KellarKielar.Elaine was a graduate of GreaterNanticoke High School, LuzerneCounty Community College andBloomsburg University. She com-pleted graduate level courses atBloomsburg,WilkesandMarywoodUniversities. She was a member of All Saints Parish of Plymouth andshe had been a CCD teacher for St.Vincent De Paul Church.Elaine was very active with TheKnights of Columbus Council11901, Plymouth, VISION and theSalvation Army Christmas toydrives. She helped to refurbish reli-giousitemsfortheApostlesofJesusMission in Uganda. She was a spe-cial education teacher at the Lu-zerne Intermediate Unit and theGreater Nanticoke School District.ElainewasamemberoftheNEA,the PSEA and the GNAEA. She en- joyed gardening and cooking, andthe highlight for her was spending time with her grandchildren.Shewasprecededindeath,inad-dition to her parents, by a brother,JosephKielar;andaninfantbrother,Raymond.Surviving are her husband Ge-orge J.; children, Traci Frisbie andher husband, Leonard; Jodi Welkieand her husband, George, and Ge-orge J. Tensa II, all of Plymouth. There are four grandchildren, Jo-nathan,NicholasandBaileyWelkie,and Leonard Frisbie III; and broth-ers,ThomasKielarofAlden,andRi-chard Kielar and his wife, Karen, of Baltimore, Md.; and a sister, SylviaLaibinis and her husband, Joseph,of Tarpon Springs, Fla. She is alsosurvived by nieces and nephews,LynneMarieLaibinis,PaulEricKie-lar and his wife, Michelle, andChristopher Laibinis and his wife,Christine; as well as great-niecesandnephews,ConnorLiamandTyl-er Ryan Laibinis, and Ashlyn andNathan Kielar.
The funeral
will be held at11:30a.m. Saturday from the S. J. Gront-kowskiFuneralHome,530W.MainSt.,Plymouth,followedbyaMassof Christian Burial at noon in AllSaints Parish, Plymouth. Entomb-ment will be in Memorial ShrineMausoleum, Carverton. Friendsmay call from 4 to 8 p.m. Friday.In lieu of flowers, contributionsmay be made to the Christian Ser- viceCenterofAllSaintsParish,Ply-mouth,orthecharityofthedonor’schoice.
Elaine J. Tensa 
September 6, 2011
D
orothy “Dot” Michalak, 89, of Plymouth, was called by theLord Monday morning, September5, 2011.ShewasbornMay12,1922,inHa-nover Township, a daughter of thelatePeterPaulikandMaryDerkashPaulik.She worked at and was the co-owner with her late husband, Al, of Paulik’s Furniture for 35 years.DorothywasadrummajoretteatPlymouth High School and gradu-ated in1939. Upon graduation fromPlymouth High, Dorothy attendedSusquehanna University where shebecametheschool’sfirstheaddrummajorette.She was a beautiful lady, both in-side and out, right to the end. She was an extremely devoted motherand always made sure her sons at-tendedMasseverySunday.Shealsoattended Mass for as long as shecould. She loved the Lord and in-stilled the love for the Lord in hersons. Trying to be as fine a personhasbeenagoalforthemthatwillbetoughtoachieve.DotlikedtowatchCatholic TV and especially MotherAngelica,however,shedidmisssee-ing Father Corapi later on. We love you so much, Dot.
 xxxx
DorothywasprecededindeathbyherdevotedhusbandAlexander;and her loving son John.Dotissurvivedbysons,Dr.PeterMichalakofTucson,Ariz.,andAtty.AlMichalak,Plymouth,withwhomDot resided; and grandsons, JohnJr., and Peter Jr.
A private service
will be heldSaturdayattheS.J.GrontkowskiFu-neral Home, Plymouth, with Pana-chayda at 9:30 a.m. Divine Liturgy will be presided over by Father Ro-man Petryshak and assisted by hercousin, Brother Augustine Paulik,at10a.m. inSs. Peter&Paul Ukrai-nian Catholic Church, 20 Notting-ham St., Plymouth. Interment willbe held in Ss. Peter & Paul Ukrai-nian Catholic Church Parish Ceme-tery, Plymouth.
Dorothy Michalak 
September 5, 2011
M
artin “Pete” Berry, 83, of Rice Township, passed away Satur-day evening, September 3, 2011, atGeisinger Wyoming Valley MedicalCenter.BorninCarbondale,hewasasonof the late Carl and Beatrice(Smurl) Berry.A World War II U.S. Army veter-an, and a member of St. Mary’s OurLady Help of Christians R.C.Church, Dorrance, Pete was theownerandoperatoroftheNuangolaServiceStationformanyyearsuntilhis retirement.He was preceded in death by his wife, Anna (Hilenski) Berry; andseveral brothers and sisters.Survivors are sisters, RosemarieArvay, Buffalo, N.Y., and BarbaraRoe, Palm Coast, Fla.; his god-daughter Beverly Goff; and hisadopted grandchildren, Micheleand Stephen Hollock; as well as alongtime special friend, MargaretBuff.
Friends may pay
their re-spects from 5 to 7 p.m. FridayattheDesiderioFuneralHomeInc.,436 S. Mountain Blvd., Mountain Top.AMassofChristianBurialwillbe held at 10 a.m. Saturday at St.Mary’sOurLadyHelpofChristiansR.C.Church.Intermentwillbeheldat the parish cemetery. Friends areaskedtoassembleatthechurchSat-urdaymorning. There will be nofu-neral procession.Inlieuofflowers,memorialdona-tionsmaybemadetoTheNuangolaFire Department; the Rice Town-ship Fire and Rescue; or St. Mary’sOur Lady Help of Christians R.C.Church, Dorrance.
Martin ‘Pete’ Berry 
September 3, 2011
E
lizabeth Ann Feistl Garvin, of Larksville,diedpeacefullyMon-day,September5,2011,atKeystoneGarden Estates, Larksville.ShewasbornonAugust20,1916,in Wilkes-Barre, a daughter of thelate Gracienza and Louis Feistl.Mrs. Garvin was a member of St.Vincent’s Church (now All Saints)inPlymouth.ShewaspastpresidentofthePropertyOwnersAssociationof Larksville. Through her love of reading, she wasselfeducated.Herfavoritehob-bieswerecrochetingandmakingce-ramics, which became treasuredheirlooms for the entire family. Sheloved visiting with her relatives inGermany, where she enjoyed musicand the Berlin Opera. Above all, El-izabeth loved spending time withfamily and friends.Shewasprecededindeathbyherhusband, Thomas; daughter Moni-caHeinz;sonPatrick;andherbroth-ers, Joseph and Edward Feistl.Surviving are her daughter Kath-ryn Calamita of Massachusetts; sonJoseph(Sharon)FeistlofLarksville;daughter-in-law,MargaretGarvinof Edwardsville; and many grandchil-dren, great-grandchildren, andgreat-great-grandchildren, all whom she loved dearly. There are no words to express what an amazing and compassion-atewomanandmothershewashav-ing raised three children alone.More than a mother she was ourbest friend and so very much lovedby all.
Friends and relatives
may callfrom 7 to 9 p.m. Friday evening attheAndrewStrishFuneralHome,11 Wilson St., Larksville. A Mass of Christian Burial will be held in herhonor at 10 a.m. at All SaintsChurch, Plymouth. Burial is to fol-lowatEvergreenCemetery,Shaver-town.
Elizabeth Ann Feistl Garvin
September 5, 2011
N
ormanJ.Sondheim,97,ofKing-ston, died Tuesday late after-noon, September 6, 2011, inWilkes-Barre.BorninBrookline,Mass.,onMay9, 1914, his mother was Eva Frie-dlander and his father was ArthurSondheim. After graduating fromHarvard College and Harvard LawSchool, he married Evelyn WeissfromWestChesterin1941.Thecou-ple then moved to Kingston, whereNormanwasabusinessexecutiveinthe Triangle Shoe Co.During this time, he also servedon the Luzerne County Zoning Board.HetaughtEnglishcoursesatPenn State Extension, and he inter- viewed candidates for Harvard Col-legeforover50years.Anavidgolferfor 83 years, he continued to playuntil he turned 95. He was on theBoard at Fox Hill Country Club formany years and also served as a di-rector of the Northeastern Pennsyl- vania Philharmonic.Hiswife,Evelyn,precededhimindeath in 2000.He is survived by his three chil-dren,Alanandhiswife,Azure,Mar-gie Kelk and her husband, Peter,and Mark and his wife, Kathy; hisgrandchildren, Joanna Sondheim,Ian, Julia and Laura Kelk, DanielSondheimandAlisonPeterson;andhis great-grandchildren, Kai and West Peterson.
Services were
held yesterday,September 7, 2011, by the Rosen-berg Funeral Chapel Inc., Wilkes-Barre, and there will be a memorialservice for close friends and familyat a later date.Memorial contributions may begiven in his memory to the North-eastern Pennsylvania Philharmon-ic, 4101 Birney Ave., Moosic, PA18507.Condolences may be sent by vis-iting www.rosenbergfuneralchapel-.com.
Norman J. Sondheim 
September 6, 2011
MoreObituaries,Page8A
E
dward J. Gupko, 89, of the Hud-son section of Plains Township,passedawayTuesdaymorning,Sep-tember6,2011,atGinoJ.MerliVet-erans Center in Scranton. Born inLuzerne on July 8, 1922, Edward wasasonofthelateAndrewandSu-san Mastey Gupko.HewasalifelongresidentofHud-sonandagraduateofPlainsMemo-rial High School. Edward served inthe U.S. Navy during World War II,belongedtothePlainsAmericanLe-gion, and was a Disabled AmericanVeteran.Edwardwasfirstemployedinthecoal mines and then was employedas a groundskeeper and carpenterfor the Department of Veterans Af-fairs Medical Center, Plains Town-ship. He was a member of the for-mer St. Joseph Church, Hudson,and currently Ss. Peter & PaulChurch, Plains Township.He was preceded in death by his wife of 61 years, the former JaniceHoffman, and brother Joseph.Surviving are sons, Robert andhiswife,Cathy,Hudson,andJames,Philadelphia; brother John Hoff-man, Lake Ariel; granddaughters,Dana Hine and her husband, Larry,PlainsTownship,andJennaGupko,Kingston; as well as a great-grand-son Christopher Hine.
Friends are
invited to attendhisMassofChristianBurialat
 
10:30a.m.FridayinSs.Peter&PaulChurch, Plains Township. Inter-ment will be private. The family re-quests no public calling hours.Inlieuofflowers,memorialdona-tions may be sent to the RiverviewRidge Activity Fund, 300 Cour-tright Street, Wilkes-Barre, PA18702.Arrangements are entrusted tothe Yeosock Funeral Home, Plains Township.
Edward J. Gupko
September 6, 2011
H
elen T. Simko, 93, of Laflin, diedMonday, September 5, 2011, inthe Wilkes-Barre General Hospital.Born July 6, 1918, in Miners Millssection of Wilkes-Barre, she was adaughter of Joseph and Suzanna Ha-lek Vincek.Helen was preceded in death byhusband, Stephen C. Simko; broth-ers, Joseph, Eddie, Andy and JohnVincek; sisters, Eva Voitek and MarySorokas; and a grandson Brian Ste-blinski.Helen loved to cook, loved herhome, but her greatest love was forher children, grandchildren andgreat-grandchildren.Survivingarechildren,JamesSim-ko and his wife, Maggie, Laflin, andPeggy Steblinski and her husband,Jack, Forty Fort; grandchildren, JackSteblinskiandhiswife,Jeanne;ScottSteblinski,KarenEgidioandherhus-band, Frank, and Stephen J. Simkoand his wife, Danielle; as well asgreat-grandchildren, Maria Egidio,Stephen J. Simko and Grace E. Sim-ko.
A Mass of Christian Burial
willbeat10:30a.m.SaturdayinSt.Bene-dict Parrish at St. Dominick Church. There will be no calling hours.Arrangements are by the YeosockFuneral Home, Plains Township.
Helen T. Simko
September 5, 2011
D
orothy Ann Searfoss, 77, of Franklin Township, passedaway Tuesday evening, September6,2011,intheWilkes-BarreGeneralHospital.Born in Wilkes-Barre, she was adaughterofthelateLoranandRoseCordick Edwards. She was a gradu-ate of Dallas High School and at-tended nursing school. For many yearsDorothyandherlatehusband,Donald, owned and operated LaBarre Printing of West Pittston.ShewasamemberoftheEnPleinAir Society, North Branch Land Trust,pastmemberoftheWyoming ValleyArtLeague,CiderPaintersof America, and a regular contributorto the Anna Maria Rossetti ArtShow.Preceding her in death was herhusband, Donald “Butch” Searfoss;son, Kevin; and brother Russell Ed- wards.SurvivingarebrothersLoranandhis wife, Sharon, Dimick, and Garyand his wife, Darlene, Appalachin,N.Y.; and nieces and nephews.
Funeral services
will be at 11a.m. Saturday in the Metcalfe andShaver Funeral Home Inc., 504 Wyoming Ave., Wyoming, with theRev. Leslie Halchack, of the MountZionUnitedMethodistChurch,offi-ciating. Interment will be in theFern Knoll Cemetery, Dallas.Friendsmaycallfrom5to8p.m.Fri-day evening.In lieu of flowers, memorial con-tributionsmaybemadetotheSPCAofLuzerneCounty,524E.MainSt., Wilkes-Barre, PA18702.
Dorothy Ann Searfoss
September 6, 2011
M
ary (McGraph) Swanberry, 80,ofGlenLyon,passedawayTues-day,September6,2011,intheWilkes-Barre General Hospital. Born No- vember 15, 1930, in Nanticoke, she was a daughter of the late John Jo-seph and Elizabeth McGraph.Mary was the manager of the fab-ric department in Wal-Mart and pre- viously at Zayres Department Store.ShewasasocialmemberoftheVFWPost350,Nanticoke,andvariousoth-er women’s auxiliaries.Precedingherindeath,alongwithher parents, were her sister, EleanorKrajewski; niece Linda Ann; sistersRita Danielowicz and RoseMcGraph; and brothers JohnMcGraph and Harold McGraw.Surviving are son, Terrance “Jim”Swanberry, Hunlock Creek; daugh-ter, Elizabeth Kirschner-Spurgar,GlenLyon,andherhusband,CharlesSpurgar Jr.; grandchildren, Francis,Rita Ann and David Kirschner; Ter-rance Jr. “Jim,” Kimberly Ann, Stacyand Shane Swanberry; 13 great-grandchildren; sister SadieMcGraph, Nanticoke; brother Fran-cis McGraph, New Jersey; as well asnumerous nieces and nephews.
As per
Mary’s wishes, there willbe no calling hours.Arrangements are by the Earl W.Lohman Funeral Home Inc., 14 W.Green St., Nanticoke.
Mary Swanberry 
September 6, 2011
WILKES-BARRE
– Citypolice reported the following:• Julie Pais of Miner Streetsaid Monday someone took cashfrom her vehicle at 57 Miner St.• Police charged Ryan Wert-man, 24, of Edwardsville, withtheft of services after he alleged-ly tried to leave the Arena Barand Grill, 380 Coal St., at 2:26a.m. Monday without settling his tab.• Police arrested AlyssaJames, 24, of Kingston, on evi-dence of driving under the influ-ence following a single-vehiclecrash at12:49 a.m. Monday.Police said James drove her vehicle into a utility pole at195N. Main St.She was taken to a local med-ical facility for a blood-alcoholscreening. Charges of driving under the influence are pending the results of that test, policesaid.• Desiree Keller, 31, of PoplarStreet, said someone slashedher vehicle’s tires at 258 PoplarSt. Sunday.
HAZLETON
– State policesaid they arrested Jacob J. Da- vis, 26, of Hazleton, on robbery,criminal trespass, simple assaultand harassment charges Sat-urday.A woman identified by statepolice as Davis’ ex-girlfriendsaid she returned to her homeon East Market Street in Banks Township, Carbon County, andfound Davis inside. The womansaid Davis tried to pull herpurse from her arm and she fellto the floor.A neighbor heard the womancall for help and intervened.Prior to leaving, Davis stole the woman’s wallet, state policesaid.Davis was later taken intocustody in Hazleton and wasarraigned before District JudgeEdward Lewis, Jim Thorpe.He is being held at CarbonCounty Correctional Facility forlack of $25,000 bail.
POLICE BLOTTER
 
C M Y K
THE TIMES LEADER www.timesleader.com THURSDAY, SEPTEMBER 8, 2011 PAGE 3A
L
OCAL
timesleader.com
PITTSTON TWP.
Emergency landing made
An American Eagle flight that orig-inated at LaGuardia Airport in NewYork made an emergency landing  Wednesday afternoon at the Wilkes-Barre/Scranton International Airportafter the pilot reported a smell of smoke in the cockpit and cabin.Michael Conner, assistant director of the airport, said American Eagle flight4558, which had11passengers andthree crew members, was en route toCleveland, when it requested permis-sion to land. The plane landed safely atthe airport at around12:15 p.m.Conner said the smell of smokedissipated by the time the aircraft land-ed. Mechanics checked out the planeand determined the smell was causedby a minor issue in the air conditioning system. The plane was then cleared totake off and resumed its flight, he said.
SCRANTON
Ex-cop sentenced for heists
A former New Jersey police officer was sentenced Wednesday to 85months in prison for a string of bankrobberies he committed in New Jerseyand Pennsylvania, including a bank in White Haven.Carl Holliday, 33, pleaded guilty tocommitting the robberies between Julyand December 2010, including a PNCBank branch in White Haven on Nov.18, 2010. He also admitted to robbing aRite Aid Pharmacy in White Haven onDec. 20, 2010.Holliday was formerly employed as apolice officer in Bridgeton, N.J., in 2006U.S. District Judge Edwin Kosikordered Holliday to pay restitution of $22,360.
 TUNKHANNOCK
9/11 program at courthouse
“A Decade Later: Americans Unitedin Song” will be presented by the End-less Mountains Barbershop Chorus andother community groups on Sunday at6 p.m. on the Wyoming County Cour-thouse lawn. The program observing the anni- versary of the 9/11terrorism attacks will feature patriotic songs and otherevents.All area residents are welcome toattend and bring lawn chairs to sit on.In the event of inclement weather, anumbrella is recommended.
 WILKES-BARRE
Pashinski set to speak
More than 600 degrees will beawarded when Wilkes University holdsits summer commencement on Sundayat1p.m. About150students will attendthe ceremony in theHenry Gymnasium atthe Arnaud C. MartsSports and Confer-ence Center on SouthFranklin Street in Wilkes-Barre. The keynote speak-er will be Rep. Eddie Day Pashinski, a Wilkes alumnus of the class of1967.
 WILKES-BARRE
King’s inauguration set
 The Rev. John Ryan will be formallyinaugurated as the ninth president of King’s College at a convocation cere-mony to be held at 2 p.m. Friday, Oct.7, in the Scandlon Center.Ryan succeeded the Rev. ThomasO’Hara, as president of King’s on July1. A native of Wilkes-Barre, Ryan was amember of the King’s business facultysince1994 and led the McGowanSchool of Business forseven years beforebecoming president. The inauguration will feature greetingsfrom Wilkes-BarreMayor ThomasLeighton, a1982King’s graduate, andfrom representativesof the college alumni, student body andemployees, as well as from leaders of the Congregation of Holy Cross andrepresentatives of fellow Holy Crosssponsored colleges and universities.Bishop Joseph Bambera of the Dio-cese of Scranton will provide closing remarks and the benediction.Brother John R. Paige, president of Holy Cross College in Notre Dame,Ind., will provide the keynote address.An inauguration Mass will be cele-brated at 5 p.m. on Thursday, October6, in the Scandlon Center.
I N B R I E F
PashinskiRyan
tures to Kingston police.Police searching the Theroux resi-dence on Aug. 26 allegedly uncovered66 images of nude children on a harddrive, according to charges filed. Theroux was jailed at the LuzerneCounty Correctional Facility for lack of $75,000bail.Hewasattemptingtopostbail through a bondsman and Wednes-day night Nocito said his client postedbail.Nocito said during the arraignmentthat Theroux retired from the U.S. Ar-my in 2006 as a colonel, serving in IraqKINGSTON A child psychiatrist was charged Wednesday with down-loading images of nude children that wereturnedovertoatherapistduringamarital counseling session.Dr.JohnFrancisTheroux,53,ofChar-les Avenue, surrendered with his attor-ney,FrankNocito,atDistrictJudgePaulRoberts’ office where he was charged with 66 counts of possession of childpornographyandasinglecountofcrim-inal use of communication facility.Investigators allege Theroux’s es-tranged wife turned over a file contain-ing pictures of nude children to a ther-apist at a marital counseling session onAug.22.Thetherapistreportedthepic-andassignedat theWest Point MilitaryAcademy in New York.Roberts ordered Theroux to surren-der his passport, not to use a computer with Internet access and to stay awayfromchildrenunder18yearsoldifheisreleased on bail. Theroux recently resigned as a childpsychiatrist at the Children’s ServiceCenteroftheWyomingValleyonSouthFranklin Street in Wilkes-Barre. Thecenter provides adoption, psychiatric
COMPUTER CASE
Psychiatrist worked at Children’s Service Center; he is no longer employed there
Doctor faces child porn charge
ByEDWARDLEWIS 
elewis@timesleader.com
(Dr. John Francis Theroux) believed since the children weren’t engaged insexual acts, the images he was downloading were not considered child por-nography, according to the criminal complaint.
See PORN, Page 6A
CLARK VAN ORDEN/THE TIMES LEADER
John Francis Theroux, at right, wasarrested Wednesday.
 WILKES-BARRE – The city HealthDepartment has confirmed a positivecase of tuberculosis contracted by a Wilkes-Barre Area School District stu-dent who attended GAR and E.L.Meyers high schools this past academic year. Ted Kross, the city’s health director,said the department has been working closelywiththedis-trict superintend-ent’s office andschool administra-tors to identify thesmall population of students, generallythose students inthe same class-room,whopossibly were exposed.Kross said theschool district hasdistributed a letterto parents andguardians of thosestudents who willneedtobetestedtoconfirmwhetherornot they have con-tracted the illness.Both city and statehealth officials donot believe thatanyone who hasnotbeenpreviouslyidentified for testing is at risk for expo-suretotheillnessandthetestingisonlya precautionary measure to confirm thelimited nature of potential TB cases.Kross saidtuberculosis is transmittedthrough the air and close, prolongedcontactisgenerallyrequiredtotransmitthe infection. It is treated with commonantibiotics. The confirmed tuberculosispatient is being treated and is expectedto make a full recovery.
W-B AreaTB caseconfirmed
The student attended GAR andMeyers high schools in the lastacademic year.
ByBILLO’BOYLE 
boboyle@timesleader.com
See CONFIRM, Page 6A
The Wilkes-BarreCity Health De-partment alongwith The Penn-sylvania Depart-ment of Health willbegin adminis-tering the TB skintest as follows:
Meyers HighSchool on Monday,Sept.19.
G.A.R MemorialHigh School onMonday, Sept. 26.The results will beinterpreted onWednesday, Sept.28. The need forfurther testing willbe determined bythe results of theinitial screening.
T B T EST I N GS C H E D U L E
 witnesses to testify that the girl’s testi-monywasnotcredible. ThecasewasprosecutedbyAssistantDistrict Attorney Jenny Roberts. Marcyhad been represented by attorney Jo-nathan Ursiak at the time of his trial. At Wednesday’ssentencing,Marcywasrep-resentedbyattorneyJosephYeager.At the February trial, the girl testifiedin detail about Marcy’s alleged acts, while witnesses called by Marcy’s attor-neytestifiedthegirlhadbeenlying,hadbeenmisbehavingandthatthegirlneverreportedtheabusetoherfamily.“The evidence was clear (at the timeoftrial)thatagirlofheragewouldnotbeable to testify to that detail unless shehad actually experienced it,” Robertssaid.According to court papers, a case- worker from Luzerne County Childrenruary, also wasdeemedasexuallyvio-lentpredatorbyAugel-loafterthejudgeheardtestimony from thestateSexualOffendersAssessmentBoard.Augello said Marcy will have to registerhis address under Megan’s Law for hisentirelife. The girl, now 8, did not speak at Wednesday’s sentencing. Marcy, who isknowntothegirl,alsodidnotspeak,butpresentedalettertoAugellosayingheisinnocentof allcharges.InMay,MarcyfiledaPostConvictionCollateral Relief request, where he al-leged ineffective counsel, in that his at-torney did not present “physical evi-denceandthathisattorneyfailedtocall WILKES-BARRE An Edwardsvillemanchargedwithrapinga6-year-oldgirlin2009wassentencedWednesdayto20to40yearsinstateprison.JosephD.Marcy,25,withalastknownaddress of Jackson Street, was sen-tencedbyLuzerneCountySeniorJudgeJosephAugelloononecounteachofrapeof a child, aggravated indecent assaultand indecent assault, and two counts of involuntarydeviatesexualintercourse.Marcy, who was found guilty of thechargesbyaLuzerneCountyjuryinFeb-andYouthServicesnotifiedboroughpo-lice of suspected child abuse on July 7,2009. Officer Michael Lehman investi-gated.On July 28, the girl, a kindergartner,told police that Marcy kept two maga-zines with “bad stuff in them” in a toybox at his home. The girl said Marcyraped her and committed other sexualacts. The victim reported the abuse to hergrandmother, who at the time was car-ingforher.Accordingtotheaffidavit,thegrandmother told the girl “it was adream” and to “just tell him to stop andthrowthebookaway.”On Nov. 23, 2009, a second interview wasconductedwiththegirl,whoisnowinfostercare.Policesaidinarrestpapersthe child’s allegations remained consis-tentthroughouttheinvestigation.
Local man given 20-40 years prison in rape of 6-year-old girl
Joseph D. Marcy, Edwardsville,must register his address forthe rest of his life.
BySHEENADELAZIO
 sdelazio@timesleader.com
Marcy
FormerLuzerneCountyJudgeMarkCiavarella has been transferred from afederal detention center in Philadel-phia to a similar center inOklahoma, according tothe Federal Bureau of Prisons.Ciavarella was trans-ferred on Tuesday to theFederal Transfer Centerin Oklahoma City, a facil-ity that is a hold-over center for in-mates in the process of being trans-ferred to a federal prison where they will serve their sen-tence, said ChrisBurke, a departmentspokesman.Burke said the lo-cation of the facilityat which Ciavarellahas been designatedto serve his sentence will not be not publicly released untilhe arrives at that facility.Ciavarella’sattorney,WilliamRuzzo,said Wednesday he does not know yet where Ciavarella will serve his sen-tence.Ciavarella,62,hadbeenheldatafed-eral detention center in Philadelphiasince he was sentenced last month to28yearsinprisononcorruptioncharg-es relating to his acceptance of nearly$1millionfromthebuilderoftwojuve-nile centers the county utilized. The length of time he will remain atthe Oklahoma center will be depend-ent upon when the U.S. Marshal’s Of-fice can transport him to the prison wherehewillservehissentence,Burkesaid.“Itdependsonwhereheisgoingand when the marshals have time to movehim on a plane or bus,” Burke said. Thereare117federalprisonfacilitiesin the United States, of which nine arelocated in Pennsylvania. The decision on where inmatesservetheirsentencesismadesolelybytheBureauofPrisons.Thebureaucon-siders multiple factors, including thenature of the inmate’s offense and thelength of sentence. The bureau at-tempts to house an inmate within 500miles of their home state, but it canplace an inmate anywhere within thesystem.
Ex-judge moved to Oklahoma
SOGGYSTARTFORTHEFAIR
PETE G. WILCOX/THE TIMES LEADER
T
he Luzerne County Fair had a wet opening Wednesday. Vendor Junior Donnelly of Bristol, Tenn., getsa patch of ground ready for a load of gravel so visitors wouldn’t face so much mud. The fair runs 4p.m. to11:30 p.m. through Friday;11a.m. to11:30 p.m. Saturday; and11a.m. to 9:30 p.m. Sunday.
Mark Ciavarella was transferredearlier this week from Philadelphiafederal detention center.
ByTERRIEMORGAN-BESECKE
tmorgan@timesleader.com
Ciavarella

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