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Schuylkill Court news

Loses appeal

Paul Alvin Daubert Jr., 24. Pine Grove, lost his appeal in the Pennsylvania Superior Court from a sentence imposed by Judge Cyrus Palmer Dolbin.Dolbin revoked his parole and committed him to the county prison to serve his original sentence of 14 days to 23 months after he pleaded guilty to setting fire to a vehicle in Washington Township, also to stalking and two counts of criminal mischief. The sentence was imposed Aug. 22, 2007, and revoked Aug. 14, 2008.The violations were he failed to report to the county parole department on eight occassions, was arrested for driving under the influence (DUI) and failed to costs of prosecution despite having a job. He claimed he was mis-informed by his parole officer who told him his parole would not be revoked if he enrolled in a substance abuse program which he did. As to not reporting to his parole officer he thought he could by phone.The higher court ruled that the Commonwealth pursued parole revocation only after repeated violations of the terms of his parole and under these circumstances found the judge properly revoked his parole.Tax appealsSchuylkill Haven Area School District, seeing the success other districts had in appealing assessed valuations on properties in their districts, took an appeal on 34 properties and the county Assessment Appeals Board increased the assessment on 34 properties adding $756,788 into the assessed valation of real estate in the district for the 2010 real estate tax.Revoke probationMichael H. Startzel, 25, of 45 N. Greenwood St., Tamaqua, had his probation revoked by Judge Cyrus Palmer Dolbin for violating terms of his probation and was remanded to the county prison to serve three to 12 months with credit for serving 41 days. He had pleaded guilty to charges to theft of a purse under unusual circumstances and was put on probation 12 months last May.The incident occurred when a vehicle pulled out of the Burger King restaurant and a woman who had placed her purse on the car roof while putting her child in the car and pulled away with the purse falling to the ground and was picked up by Startzel who removed items and disposed of the purse.Dennis George Davie, 56, Saint Clair, was ruled by Dolbin to have violated the terms and conditions of the Intermediate Punishment Program (IPP) and it was revoked and was re-sentenced to serve six to 18 months in the county prison with credit for having served 49 days. Davie had pleaded guilty to delivery of drugs and was placed on probation for 18 months last May.Shannon Marie O'Boyle, 36, Girardville, was removed from probation by President Judge William E. Baldwin and re-sentenced to serve three to six months in the county prison on a charge of false identification to Ashland police. She receives credit for serving 13 days.Guilty pleasStephen J. Barrett, 37, Mahanoy City, received from Dolbin a total sentence of 26 days to 18 months in the county prison but was granted immediate parole after serving three additional days at the Pottsville Center for Behavioral Health. On charge of terroristic threats and simple assault was sentenced to serve 23 days to 12 months in the county prison, pay $50 to the CJEA fund. On a charge of driving under the influence (DUI) of alcohol received a sentence of 72 hours to six monnths in the county prison, pay $300 to the SAE fund, $50 each to the CJEA and Catastrophe funds, pay a fine of $1,000 and court costs and pay a $50 per month supervision fee.On a charge of false swearing to police and disorderly conduct has to pay $50 to the CJEA fund and placed on probation 12 months to run concurrent.Jonathan Ramos-Cruz, 23, Reading, on a charge of possession of a small amount of marijuana when cited in Pottsville, was given credit for serving 63 days in the county prison and was released on parole and ordered to pay $50 to the CJEA fund, $50 to the district attorney's office for a bench warrant and $113 to the Bethlehem Regional Lab. and on a charge of driving while his license was suspended was fined $200 plus $50 costs.Dropped from ARDJohn Arthur Hoffman, 39, Hazleton, was removed by Judge Baldwin from the Accelerated Rehabilative Disposition (ARD) program which is a probation program reserved for first offenders to allow them to work off their criminal record. Hoffman now faces trial on charges of retail theft of merchandise from Walmart Store in Rush Township.Loses appealJohn R. Muffley Jr. , 29, of 245 Van Gelder St., Tamaqua, appealed to court from a summary charge of driving while his license was suspended but at the hearing pleaded guilty. Judge D. Michael Stine imposed a sentence of $200 fine plus $50 costs and nol prossed imposing an additional suspension sentence but allowed the point accumulation towards the suspension.Arbitrators ruleA board of arbitration ruled the person holding the power of attorney must pay a bill owed by the person she represents.The ruling was made after a hearing before the board ordering Marylee Boyer, 38 Game Land Drive, Tamaqua, to pay $7,428.28 to the Schuylkill Center, 1000 Schuylkill Manor Road, Pottsville, for skilled nursing service and provided for her mother, Leona Duncavage.An arbration board awarded Theodore and Joanne Hunter-Reshetar, 44 Fourth St., Kelayres, $1,000 plus costs in their suit against Edward Wayno, Beaver Meadows R.1. The civil suit alleged Wanyo was hired to install a new chimney at their residence and claimed the work was unsatisfactory as the chimney leaked.