Standard-Speaker from Hazleton, Pennsylvania • 5

Hazlaton Standard-Spaakar, Thursday, September 1 0, 1 992 5 In court Polico West Broad Street if 0 1 TELEVISON DONATED Elks Lodge 200 of Hazleton recently donated a new televison-video cassette recorder unit to Serento Gardens Alocholism and Drug Services, Hazleton. The equipment will be used in the agency's education program. Pictured are, from left: Edward A. Pane, Serento Gardens president and chief executive officer; Elwood Spencer, chairman of the Hazleton drug awareness committee; lodge member Robert Corcoran; and Thomas O. Fellin, chairman of the lodge's David Roman Fund.

Boro backs reapportionment, but balks on reassessment Petition denied in rape case Luzerne County Judge Correale Stevens has issued a court order denying and dismissing the petition of Michael J. Rondosh, of 664 N. Manhattan Court, fop a writ of habeas corpus. The defendant was arrested by Hazleton police on June 2 and charged with rape and two counts each of aggravated indecent assault and involuntary deviate sexual intercourse. District Justice Michael Con-ahan ruled on June 14 that the Commonwealth had established a prima facie case on charges of rape and involuntary deviate sexual intercourse.

He dismissed the charges of indecent aggravated assault. The court held a hearing on Aug. 25. The court has now dismissed the petition of writ of habeas corpus. Two plead guilty Mark Noel and Kenneth Schiiier, both of Hickory Hills, White Haven, appeared in Luzerne County Criminal Court and entered quilty pleas on two separate charges.

Noel pleaded quilty to two counts of Simple assualt while Schiner pleaded quilty to unsworn falsification to authorities. Each was placed on probation for one year and ordered to pay court costs. Noel must refrain from alcohol and drugs and continue his treatment. Liens filed A lien in the amount of $54,290.06 has been filed at the Luzerne County Courthouse in Wilkes-Barre. Named in the lien is Larry Piacente, Dunkin' Donuts of West Hazleton, 10 Venisa Drive, Hazleton.

The lien is for witholding tax, Social Security payments, and unemployment tax. An income tax lien in $19,425.94 was filed against Thomas Pendergast, Box 184, Hazleton. Pleads guilty Patricia Semotchko, of 34 Vi E. First Hazleton, appeared in Luzerne County Criminal Court She was charged in four separate cases. The defendant pleaded guilty to 25 counts of terroristic threats, 24 counts forgery, and one count of harrassment by communication.

She will be sentenced Nov. 16 for 19 counts of terroristic threats, and 18 counts of forgery. She will be sentenced on Nov. 19 on the remaining 13 charges. Judge Gifford Cappellini has continued the defendant in bail, pending pre-sentence Six-auto crash on No injuries were reported in an six-car accident Wednesday morning on West Broad Street near Hazleton Shopping Center.

Three of vehicles were parked. Hazleton police said Robert Girosky, 52, of RJL 2, Hazleton, was stopped in the westbound lanes of West Broad waiting to turn into the shopping center lot, as Jerry Hunsinger, 49, of 105 S. Broad West Hazleton, who Burglary probed Vandals made off with a variety of equipment from the Valley of Lakes development over the weekend. State police at the Troop station at Frackville said thieves broke into a maintenance building at the development sometime between 5 p.m. Sept.

4 and 7 a.m. Sept. 7 and stole the following equipment: a 2'i -ton floor jack, a Green Machine model 3000 weed whacker, three 5-gallon plastic jugs containing gasoline, two Homelite heavy-duty chain saws and a hydraulic motor hoist Anyone with information on the incident is asked to call troopers at 874-0207. All replies will be kept in strict confidence. Shenandoah man arrested in raid A 49-year-old Shenandoah man was arrested in Berks County recently as the result of one of the largest drug raids in Reading this year.

Berks County detectives said Alfred J. Stavitsky of 433 W. Coal St. was arraigned last Friday before District Justice Susanne R. Wallwy, Reading, on charges of possession, possession with intent to deliver, conspiracy and possession of a loaded firearm.

He was committed to Berks County Prison in lieu of $100,000 bail. Stavitsky was arrested after detectives raided a Wyomissing apartment complex and seized more than a kilo of cocaine, $22,000 in cash and a loaded handgun. Also arrested in the incident were Joaquin Fugenio Contreras, 25, and his wife Patricia, 20, both of 855 N. Park Road, Wyomissing. Contreras was committed to prison after he was unable to post $100,000 bail while his wife was released on $25,000 bail.

The raid, termed one of the largest by the Berks County Narcotics Enforcement Team, came after four months' of investigation into Contreras' activities. Stavitsky, officials said, was allegedly one of the man's steady I i II 3 area received a letter from Hazleton City Councilman Robert Stevens, asking for support in Stevens' bid to get the commissioners to do a county-wide reassessment of property taxes. In the letter, Stevens said the county's properties have not been reassessed in 27 years. Schneider supported that claim, by saying there has not been a reassessment since he has practiced law, which is 25 years. Some council members said the reassessment didn't necessarily mean property taxes would rise for everyone, but Schneider said the average property value would rise 10 times its current amount, because the properties would be assessed at 100 percent of their value, instead of the current rate of below 10 percent.

Mayor Frank Skokoski said he is against reassessment, because too many borough residents are elderly on fixed incomes who could not afford to pay higher taxes. Last month, Sugarloaf Township supervisors received the same letter, and tabled it because at least one supervisor didn't believe the township needed a reassessment, because one was done in 1980. Thank iu After council approved the plan developed by a special citizen committee council appointed March 26, it was submitted to the Luzerne County Election Bureau for its approval. But since then, Borough Solicitor James Schneider has been trying to find out from Tom Pizano, the county's director of elections, if any action had been taken on the plan. Pizano had told council the plan would be approved in time for the general election in November.

But with about two months to go, Schneider said he has not heard from Pizano, despite repeated attempts to contact him. At a work session Wednesday night, Schneider said he will contact the county commissioners to get some action. "I'm upset. The election is two months away," Schiender said. "I've been calling him (Pizano) once a week.

I will have to contact the commissioners. I cannot wait any longer." Council needs to know if the plan has been approved, because there might be some changes in polling places because of the redrawing of the ward lines. Meanwhile, council as have other municipalities in the By JIM DEMO Standard-Speaker Staff Writer West Hazleton Borough Council members would like to have a plan to reapportion the borough's voting districts approved, but aren't all in favor of a county reassessment of property taxes. In late March, council approved a plan that will redraw the borough's three wards to even out the population spread in each ward. Reapportionment, which is supposed to be done every 10 years based on the results of the latest U.S.

Census report, hadn't been done since 1932. The result was that the First Ward was much smaller than the Second Ward, which had grown over the years. Some minor changes were also proposed for the Third Ward. Couple appeals zoners' ruling Peter and Nubia Weinhold, R.R. 4, Drums, filed an appeal with the Luzerne County Court, seeking reversal of a decision by the Butler Township Zoning Hearing Board.

The board denied an application to permit a camp ground or recreational vehicle parking area in Drums. was headed west, struck Girosky's in the rear at 9:52 ajn. After impact, Hunsinger's auto entered the eastbound lanes of West Broad, where it struck an eastbound auto driven by Ber-nadette Good, 38, of R.R. 1, Sugarloaf. Hunsinger's auto then mounted the curb, entered the shopping center lot, and struck a parked auto owned by Michael and Wanda Muth, R.R.

1, nansville, Lehigh County. The impact of that crash pushed the Muth auto into another parked auto owned by Michael Quinn, 782 N. Vine which then struck another parked auto owned by Wilbur Wenner Chase Road, Shavertown. The Hunsinger, Girosky, Muth and Quinn towed from the scene, police said. Daniel Pineda Reward offered in rape of girl Pennsylvania Crime Stoppers Inc.

is offering a cash reward of up $1,000 for information leading to the arrest of a Lancaster man wanted in the rape of a 13-year-old girl last November. Daniel Pineda, 20, is charged by Lancaster police with spraying the girl with tear gas, dragging hei into a wooded area where he threatened her with a knife, anc then raping her. Police said the girl knew Pineda, who held her for a perioc of time after the rape. Pineda is hispanic with black hair and brown eyes, and may oi may not wear a mustache. He is 5 feet 11 inches tall weighs about 165 pounds and en joys running and participating ii marathon or other types of run ning events.

Anyone who knows Pineda his current whereabouts is aske to call Crime Stoppers at 1-800 472-8477. grown on the land. It says the plaintiffs' damage i "are continuing in nature, anl continue toincrease" and that th: exposure to the toxics haa resulting increased risk of cancer and other diseases. "Plaintiffs hsve incurred th: need for permanent mcdicil surveillance to monitor for risks and diseases caused by exposun to the contaminants," the sut continues. "Plaintiffs hsve suffered great inconvenience, loss cf use and enjoyment of propert), and increased costs as a result cf said contamination, including Installation of wster-purifyin, systems snd other costs." The defendants' responses, filed separately, all state that th) lawsuit "fails to set forth an claim upon which relief ca be granted." Any damagea or Injuries, they say, were cauacd b7 "anactofOod." They also agree thai the plaintiffs' claims are barred by the at plicable statutes of limitation) their comparative negligence anl their ataumption of riik.

ATAT Naaaau, in (it rtaponai states that it "acted with due can conducted ilaclf reasonably undrr the drcumitanora, and compile 1 with all statutory and regulator requirements and Indualry prat-tiers then Bppilcable." The firm says thai "any rcleasi or threatened relcaae of hazardous substances at the aite wat cause 1 solely by the acts or omiaaions third parties." CAD Recycling rnponda ihit "did not conduct or permit th! generation, traatpotlallos, storage, treatment or ditpntej any bainrdoua auNitancet at dt pre mi tea," and that any hat erdoue material at the site "wtl placed there before (ii) was quired by defendant CAD." Drenner denies that he "owns I the si at at any time" and admkt that CAD hat owned It ainct 1979. Hit anawef alw states thil he "wee aeithet personally e. volved nor mponaible for mat aging of ditpceiflg of harardottf ubetsnces at the r' Judge: Civil suit over a 'quagmire' Jury selection set to begin in December By TONY GRECO Standard-Speaker Staff Writer WILLIAMSPORT Three years ago, 10 residents of Foster Township filed a civil lawsuit against past and present owners of CAD Recycling. Since then, more than 360 documents have been filed by the plaintiffs, the five defendants and the court, and the jury trial has been rescheduled tlx times. Even Judge James F.

McQure who Is hearing the case in U.S. District Court here, at one point called it "a quagmire of mo-lions, briefs and cor-retpondence." The plaintiffs allege that contaminants from the site have migrated into the air they breathe and the water they drink, and have been detected in their backyard vegetable gardens. They have suffered severe emotional and physical harm, the suit states, and the value of their properties has been dettroyed. The plaintiffs Sharon and Gary Rohrbach and their child, Stun; Dean and Deborah OberM and their child, Ryan; Thomas and Dorothy Rock, and dirtier and Katherine Ceruar Kk mora than $50,000 plue Inicrttt and cottt for their personal and prop rty Injurlea on ail of 11 counts. They alto want the creation and mataitnanca of a medical monltntlng fund rnUfeklphia attorney Robert J.

Sugsrman it it presenting the plaintiff, lie alto it serving aa special counwl to the townthlp twpervltotl for environmental matters. Including CAD. ftfxUntt are ATAT Nawan Mala Corp. of Oetor, S.C; CAD Recycling Inc. of R.R.

2 Freelend, USe Lurgan Corp. of Emporium. Cameron County; Jotepti Brenner of 6 Wllaon St, HaxkMoR, and America Tel phone A Telegraph of New York. AO arc Identified in the tuft aa the plant's owner or operators at varVwa time during its 70 ftttt tafatJneea. TVe Uww that they continues to the present time." The Rohrbach, Rock and Oberst families have found lead contamination in soil on their properties and in their vegetable gardens at levels of 99,240 ppb, 180,080 ppb and 85,220 ppb.

respectively, the lawsuit says. "Other contaminants from the site have been detected in the (three families') water and soil. In minor Ryan Oberst' body, In Dorothy Rock's body. In the Rohrbachs' horse and garden vegetables and In the Rocks' and Obcrsts' well water." BeCause of the defendants' "unlawful snd tortious activities," the suit stales, the families "have suffered violence to their persons and serious damage to their property. "The contamination rendered the plaintiffs' residences uninhabitable unleaa full remediation of the aite and of contamination of their properties Is undertaken," it continues.

"The contamination destroyed the value of the plaintiffs' rt aide noes and renedcred (the homes) worthless and unsalable for real dcniial purpoeee." The complaint says the contamination "haa cauacd andor aggravated physical illncta" and haa caused "severe emotional and psychological harm" to all 10 plaintiffs, including: Severe night, fear, shock and emotional upset. Constant tenaioa and anxiety. Emotional anxiety aaaodated with fears tat the health, safety and welfare of the children and other dose family members, Or are fear and wncertalnry about the plaintiiTa owa physical and emotional health. Low of enjoyment of sack other's consortium, company, he alts and wet) being, end "the company of numerous ft trade who refute to visit" their home. Fear of personal contamination and disrate front eeting food psychiatrist, a psychologist and two toxicologists.

Those exams, McOure wrote, were "to determine the extent, if any, and the physical and psychological effects, if any, of their alleged exposure to various contaminants allegedly released from defendants' recycling facility into plaintiffs' air and water supply." He denied a request that Sugarman or his representative be allowed to witness the examinations. CAD Recycling is listed on the Supcrfund national priorities list for cleanup by the U.S. Environmental Protection Agency. has entered Into an agreement with the agency as a "potentially responsible party" for the cleanup. A proposed remedial action plan issued by the LP A In April calls for the contaminated ash and soil on the site to be excavated and stabilized, then stored in a containment cell to be built on the site.

The EPA Is expected to Isaue a record of decision, which will state a course of action for the site. In the near future. The plant, located on 47 acres in Pond Creek, recycled copper from lead- and plastic-cased cable and wire from the mid-1960s to early 1985. "Black amoke from site operatlona invaded plaintiffs' prtmlaea and would obstruct traffic on a nearby township road at tlmea," the lawsuit say. According to previous rt porta, ATAT NetMti Metals sent scrap materials so the plant through 1984.

The lawsuit, however, alleges that ATAT Naaaau "conducted the business of reclaiming lead and copper from telephone cable," The company denies thai la Its response to the suit. The com pi tint states that the plant's operaton were required by the State Department of En. vtronmentai Resources la tea aa incinerator with an afterburner, but "continued to burn in outside pits, and the afterburner was not in actual operation until 1982, and never complied with environmental regulations." It alleges that lead, arsenic, copper, cadmium and aluminum are among the toxics that have cscsped from the site, and dismisses the defendants' claims that the high lead levela "are caused by (the plaintiffs') own plumbing or are simply 'background' levela." On-site soil snd water sampling done by the DER in 1984 found high levels of lead, the suit says, and since then more than 44,000 pounds of lead-contaminated material has been removed from the site. However, it says the plant site, "Including elevated areas where dangerous levels of lead and copper were found," waa not stabilized for erosion and sedimentation control. In April 1985, further on-aite letting found that ita wctla were contaminated with arsenic, and toil sampling done a year later "revealed high lead and copper levela in the ah piles, bum pit and drainage pathways," the complaint allegte.

"Because the site la located topographically higher than plaintiffs' residences, groundwater and runoff flowa from the site toward (the hornet). "Particulate lead and other contaminants have alto migrated through the air In smoke, dual and dirt from the site onto plaintiff a' properties, and ha percolated onto their groundwater." After the DER found that the site was contaminated, the suit says, the agency "discovered 7.1 ppb (parts pef billion) of lead In the Rohrbechs water and 1,630 ppb of copper, and thereafter lead levels at high at 94 pph, 12 130 and 130 ppb.M It says "such contamination, ta varying amounts, operated it "in knowing violation of environmental laws, and with knowledge that the operations would cause harm to the environment and would threaten plaintiffs with exposure to hazardous and toxic contaminants." The case now is scheduled for the December trial term, with jury selection to begin at 9:30 a.m. Dec 7. All pre-trial motions must be filed by Oct. 5, opposing briefs by Oct 26 and reply bricfa by Nov.

6. Paperwork on the lawsuit, consisting of 365 separate documents, fills two filing cabincta in the clerk of courts' office. Most Involve requests for diacovery by both the plaintiffs and defendants. "Some of the issues raised have been addressed in prior orders or resolved, we thought, in conferences held with the court," McOurc wrote In a memorandum on Nov. 27.

1991. "It la obvious, however, that the partica have not compiled with the prior orders in all reapecta or with their stated Intentions, compelling us to examine or re-examine the iaaucs they raise." In an order laaucd April 22, he aid the disputes "have repeatedly delayed the progrtM of this cate, and recent eventa have not broken that pattern." Two months later, McOure wrote that the court "cannot help but note orxe again that If the parties (Ud not peril la Inundating the court with an avalanche of unneceeaary motions and would Instead attempt to achieve a fair and reaaorutble arrangement for the exchange of Information, aa the parties la almost every other cate before this court manage to do, this cane would move along at muth faeier, and certainly smoother, pace, Tkt plaintiffs waderwent CTHWl-ordrred physical and mental examinations la early June, They were eiamined la rdwardrviUe by Irtternist, pedietridaa,.