The Pocono Record from Stroudsburg, Pennsylvania • Page 11

Scales of district justice off balance? By STEVE DRACHLER Pocono Record Reporter STROUDSBURG Equality under the taw apparently does not extend to district justices in Monroe County, according to a state report outlining their workloads for the final six months of 1974. Pennsylvania's district magistrates serve as the first level of courts. Elected, they handle traffic citations, non-traffic citations, summary complaints and small civil matters. Magistrates handle criminal arraignments and conduct hearings to determine if a case warrants grand jury action. The report, compiled by the Administrative Office of Pennsylvania Courts, shows the eight county district magistrates handle varying portions of all types of cases.

DER to test sewerage STROUDSBURG The effectiveness and efficiency of the Stroudsburg sewage treatment plant will be subjected to four kinds of biological and chemical tests ordered by the state Department of Environmental Resources (DERI. Borough Manager Ralph Bender reported the testing would put the borough in a better position to judge the necessity of joining a regional sewage treatment system, as proposed by the General Authority of Monroe County. Prior to the DER order, the borough did relatively little testing of any kind, according to Bender. In related discussion, Bender read a letter from the General Authority responding to comments made by the borough at a public hearing on the regional sewage facilities plan. The letter said the economic data requested would be supplied in a final draft of the report and that no endorsement of any plan by Stroudsburg was required.

Mayoi' Warren Loney said "We give them lots of input, but we never get any output from them." In other business, council de- cided there was no illegality in the beautification committee putting up planters on the sidewalks. They said it was a matter of interpretation of the ordinance. Joint codes enforcement officer Stanley Melvin had raised the question of the planters at a recent Planning Commission meeting to Dr. Bruce Dunlop, who in turn asked council to consider the matter. Council denied Dr.

Dunlop's request to make the beautification committee of the Planning Commission a non-profit organization so it could accept donations. Dunlop had received three checks from the United Penn Bank as contributions. Council approved the following: Reworked plans for the park at the intersection of Dreher Avenue and West Main Street. Authorized Albright and Friel to prepare specifications and recommendations for Dreher Avenue and Phillips Street sewers. Authorized preparation'of a contract vyith Edward C.

Hess Assoc. for engineering and design work on pocket parks. Authorized payment of $56,809.35 for work to date on the Sarah Street extension project. A banner to hang on a billboard above McConnell Street from Aug. 12 to Sept.

3 to advertise a Pocono Arts and Crafts Festival. Power interrupted in BushkiH BUSHK1LL. A high voltage fuse blew-out in a Bushkill subs a i a a disrupting electricity for over two hours lo about 540 customers. A spokesman for the Metropolitan-Edison Co. said Ihe blow-oul was caused by last week's lightning storms weakening the fuse.

A half dozen customers along A i a Farm Road, Stroucl Township also reported black-outs around 10 p.m. The Mel-Ed spokesman said crews were investigating Ihe cause of Ihe power (lisrup- i a i Wednesday nighl. For example, District Magistrate Eleanor K. Randolph, whose district includes the Borough of East Stroudsburg, processed 135 misdemeanor and felony complaints during the final six months of 1974. Magistrate Jean Davis, whose district includes the borough of Delaware Water Gap, Smithfield and Middle Smithfield Townships, handled only two misdemeanor and felony cases during the same period of time.

Most comparisons between the magistrates are not so pronounced, with some workloads padded by traffic cases due to interstate highways knifing districts. Magistrate Gerald Canfield (Pocono, Jackson and Hamilton Townships) processed 2,322 traffic citations during the six months period. Magistrate Clara Pope (Mount Pocono, Tunkhannock, Tobyhanna and Coolbaugh Townships) handled 2,243. But, on the other end of the spectrum, Magistrate Glenn Borger (Ross, Eldred, Chesl- nuthill and Polk Townships) processed 168 traffic citations. The difference in work, Canfield said, is due to the volume of traffic through the districts.

State law requires police agencies to file traffic complaints with the district in which the violation occurred. However, criminal cases, both for summary violations, misdemeanors and felonies are not required to be filed in the district where the offense is committed. This regulation leads to "judge-shopping," according to Jon Vipond, legal counsel for the court administration office. Judge-shopping occurs when police bypass the magistrate in whose district a violation occurs in favor of one who acts favorably in the law enforcement officer's cases, according to Vipond. "Judge-shopping is not square with due process of law," Vipond said Wednesday.

"That is why we are doing studies now to get much more accurate reporting across the state and plug up holes and find reasons for disparities that show up." Sgt. Emil Weber, non-commissioned officer in charge of Troop state police at Swiftwater, said Wednesday he is not aware of judge-shopping in Monroe County. "They (the magistrates) all SOLITAIRE CHECKERS? No, it's Mary Smith, a "resident" of Quiet Valley Farm in Hamilton Township, and she decided not to let Wednesday's rain dampen her day or her checkered quilt. In fairer weather, she sets up outdoors and demonstrates the all-but-lost art for interested visitors to the farm. (Staff photo by Brian Heller) Stroud board barely blinks at proposed traffic lights STROUDSBURG Stroud Township supervisors were coo! Wednesday night to a Pennsylvania Department of Transportation recommendation traffic signals be erected in two congested areas along lite.

611. Supervisors Chairman William Crooks Jr. said the rec- a i a PennDOT's Allentown office would not lotally solve the problem of heavy traffic congestion between the Stroudsburg borough line and Bridge Street in Stroud Township. PennDOT recommended a traffic light be erected at the intersection of Cbipperfield Drive and Rte. 611 and at the intersection of Phillips Street and Rte.

611. Both spols are Ihe location of many traffic accidents and lines of cars backed up lo get on Rte. 611, Ihe main artery through Stroud Township's business section. In the letter supervisors received lliis week, PennDOT also recommended the township inslall some lype of curbing in several shopping center parking lols along Hie. fill.

The curbing would control when' vehicles could enler and exil the shopping areas. Supervisors voiced I heir concern thai installing Ihe traffic signals would be a financial burden on the township. Supervisor Anthony Mangan said Ihore is a measure proposed in Ihe slalc legislature which would make Ihe slale liable for improvements on state highways. No decision on the matter was reached, however, as John Cruse, chairman of the township's planning commission, asked supervisors to set up a meeting with the PennDOT engineer. Cruse said the township should sit down wilh PennDOT and consider all possibilities for controlling traffic along Rte.

611. Supervisors agreed. Secretary J. Nelson Westbrook will request a meeting with the PennDOT engineer. In another matter.

Crooks said supervisors have received the comprehensive plan completed recently by the planning commission. A dale for a public hearing will be set and advertised soon, he said. Justifiable homicide ruled at Pike inquest MILFORD Pike County Coroner Duncan M. Stroyan Wednesday ruled the shooting death Monday of a burglary suspect by two state troopers from Milford was justifiable homicide. His ruling came after a coroner's inquest into the death of Michael L.

Descheneau, 29, whose last known address was Kalamazoo, Mich. Descheneau died from gunshots fired by troopers Joseph Kosierowski and Leo Maslawski. The two troopers chased Descheneau after he was reported to have burglarized a Shohola Township house and held five people at gunpoint for a short whole. Descheneau, who was driving a stolen car, carrying a stolen .38 caliber pislol reported stolen from l.os Angeles, and wanted by the FBI in Buffalo, N.Y., ignored warnings to stop and pointed the loaded gun at police three times before they shot him. Pike County 'District Attorney Harold Thomson concurred with Stroyan's ruling.

Two injured in accident STROUDSBURG Two persons were injured Wednesday afternoon when their car skidded out of control and rammed into a tree on Wild Animal Farm Road, Stroud Township. Saghir A. Shami, 33 and his wife, Yasmeen, of Asbury Park, N.J., were reported to be in satisfactory condition at the a Hospital of Monroe County, Fast Strouds- buri; Wednesday nighl. have different office hours. You go to the one you can find.

On weekends, with two on duty, we go to the one that is closest." Mrs. Randolph said she does not know why she handles the bulk of criminal and summary cases filed with the county's eight magistrates. "I don't know. You would have to talk to the police about it," she said. "1 have tried to make myself readily available 24 hours a day and try to be fair," she added.

Mrs. Davis, whose summary and criminal totals are lowest of the eight, is away on vacation and could not be reached for comment. According to Weber, magistrates' workload is also effected by their office hours. Under the system set up by Monroe County Common Pleas Court President Judge Arlington Williams, the magistrates working schedules are varied. Canfield, Mrs.

Pope and Mrs. Randolph work during the day, as does Magistrate Marjorie Shumaker (Barrett, Paradise and Price Townships). Stroudsburg Magistrate Graden Praetorius works late afternoons and evenings, along with Mrs. Davis. Borger works noon until 6 p.m.

and Magistrate Earl Ammerman (Stroud Township) has evening and overnight hours. Vipond said the report is the first formal evaluation ever made of the courts of initial jurisdiction. He said more studies, using more sophisticated methods of study, will be made in the future. I Cases filed before Monroe magistrates Felony and Summary Misdemeanor Civil 45 134 135 83 52 74 72 42 33 58 22 81 2 32 28 39 The above statistics represent a compilation of reports covering the last six months of 1974 and were taken from a report prepared by the Administrative Office of Pennsylvania Court, Philadelphia. Praetorius Randolph Pope Ammerman Canfield Borger Davis Shumaker Traffic 319 345 2,243 327 2,322 168 414 197 Non- Traffic 343 49 140 153 18 22 18 63 Summ 151 213 54 14 31 32 4 57 The eight magisterial districts also have varying populations.

Magistrates are paid a base salary of $6,000 a year and a supplemental 40 cents per person, based on the 1970 census. Magistrates and their salaries, with populations in pa- rentheses are: Praetorius $8,180 5 4 5 1 a $9,157.60 Pope $7,932 Ammerman $9,010 Canfield $8,426 Davis $7,730.40 Shum a $7,614.40 4 0 3 6 Borger $8,117.20 The Pocono The Pocono Record, The Stroudsburgs, Pa. Aug. 7, 1975 11 Developer vows to correct Pocono Haven problems By BRUCE POSTEN Pocono Record Reporter STKOUDSBURG A Pocono land developer indicted Tuesday for selling land on false promises said Wednesday he would make improvements lo his Pocono Haven subdivision in Tannersville, Pocono Township. Communicating through Ihe Stroudsburg law office of Phillip H.

Williams, the developer. Richard Fcinberg of Somerset. N.J.. stated that il is his intention to make improvements that have been discussed with township officials. Mentioned among the ilems Feinberg will complete were a clubhouse, lakes, a swimming pool and a bridge over Bulgers Run Creek capable of supporting emergency vehicles.

When asked about other items mentioned in an indictment of the developer, attorney Ron Vican of Williams' office said il was Fcinberg's "general statement lhat he plans lo live up to Ihe agreements and improvements he had promised." Vican also added that Feinberg expects to continue to sell land and operate Pocono Haven with the approval of Pocono Township officials. He said the criminal indictmenl for mail and land sales fraud should not affect the operation of the development. However. Pocono Township Supervisor Paul Frailey said a ban placed on the sale of lots in Pocono Haven will still remain in effect. "He (Feinberg I hasn't met with us in close to a month.

He still needs a township permit for a bridge and dam," Frailey said. Supervisors had blocked land sales last January afler learning that a discrepancy existed between an approved map of the development and a revised map used to sell lots. Dclleff lUinsen. township solicitor. said the revised map showed an expanded lake and the elimination of several lots.

Stuart Pipher, chairman of the township planning commission, said Feinberg submitted a revised map to the commission for approval, but was ordered (o make several corrections on the map involving right-of-ways and slopes of development roads. "He was supposed to make the corrections, but he hasn't met with us since that time." Pipher sale Feinberg is also prohibited from selling lots until he applies for a bridge and dam permit. "Several meetings ago. Feinberg's attorney (WilliamsI informed supervisors that the developer was getting the necessary clearance for construction of a bridge from the Department of Environmental Resources (DER)." said. Lines being double-checked Fake records found in gas blast By HARRIET LEEDS Pocono Record Reporter STROUDSBURG --The Stroudsburg Gas Company is checking and re-plugging all service lines it has closed off in the past three years to prevent anything like the June 17 explosion on King Street from happening again.

The explosion at 505 King St. resulted in Ihe death of 82-year-old Victor Mion. It knocked the house off its foundation, blew slate off the roof and demolished the back porch. An investigation by the state Public i i Commission I I showed gas company workers didn't follow safety procedures when checking a reported gas leak three days before the explosion. The gas company's own investigation revealed employes of Ihe contractor it had hired to close off Ihe gas main in 1973 had falsified records to show the work had been done when it wasn't, according to Glenn A.

Butler. eastern division manager of Penn Fuel the parent company of Stroudsburg Gas and 19 other Pennsylvania gas companies. Asked if the gas company was taking any action against the contractor. Butler refused to comment. "We are going back with our own company personnel and checking all the service lines in the cellars, just to make sure that Ihere's no chance that somebody would falsify another record." Butler said.

The gas company official said up to this dale all 70 of the line closings done this year have been re-cheeked and replugged, as well 80 to 70 of the estimated 300 jobs clone in 1973. He noted so far the men have not found any lines thai were not closed off as they were supposed to be. Stroudsburg Gas Company started retiring old abandoned gas lines late in 1972, Butler said. Once all the 1973 work is re-checked, he added, the men will also check the 400 or so jobs done in 1974. John Flaherty, the PUC engineer from Ihe gas safety division who inves- NEW TREASURER Robert J.

Goleman of Kunkletown R.D. 1 is sworn in as Monroe County Treasurer by President Judge Arlington W. Williams during a brief ceremony Wednesday. Coleman succeeds Thomas R. Joyce.

tigated the King Street explosion said "our case is closed." "We found the leaking pipe in the basemenl and thai was the definite cause of Ihe explosion." Flaherty said. Flaherty said his remaining concern is the poor relationship between the gas company and the Stroudsburg fire department. He said a meeting is being arranged lo discuss the problem. Borough Manager Ralph Bender had been asked to sel up a time and invile Ihe council president, fire chief and gas company officials. Bender said he didn't think the borough should get involved.

"There's no real problem thai I see," he said. "They get permits to open the street and do a good job of fixing the street after they are done." "As far as us checking their connections," Bender continued, "We don't have anyone qualified to do il and I don'l think it's our job." Rae Cornwall, manager of the Stroudsburg Gas Company could not be reached for comment. Appointed treasurer takes oath STROUDSBURG Robert J. Coleman of Kunkletown R.I). I Wednesday was a sworn in as Monroe County Treasurer by President Judge Arlington W.

Williams. Coleman is to serve out the remaining two years and five months of a four-year term vacated two weeks ago by Thomas R. Joyce who became highway superintendent in the county. Coleman. 30.

brings seven years of experience working for Herbert R. Imbt of Saylorsburg lo the a year job. He had most recently been office manager for Imbt before leaving to assume his new post. Coleman, who has been in the treasurer's office since Joyce resigned July 24, said be is glad lie is finally officially treasurer. A Vietnam veteran, Coleman is'active in the Young Democrats and Western Pocono Jay- coos.

Ho and his wife Donna have a son, Robert, age 6, and a daughter, Jacqueline, five weeks. I.