Harford’s Legal Tangles
By Ted Brewster
Local activist Vera Scroggins has been attending Harford Supervisor meetings recently, producing video recordings and posting them on line. The first was last month when a resident attended to petition the Supervisors to enforce the township’s noise ordinance against the operators of the new natural gas compressor station off Miller Road. There was an implied threat of legal action behind the debate, which could only complicate the Supervisors’ work as they continue to fend off other litigation. The performance was repeated at the February meeting on the 10th. Ms. Scroggins and her camera were the gorilla in the room, but there was other business before the Supervisors.
The Supervisors granted the Williams company permits for driveways and road crossings for a pipeline in the area of North Harmony Road and Laurel Lane east of Kingsley.
They also passed a resolution agreeing to the “Agility” program offered by the state Department of Transportation (PennDOT). Under the Agility program, PennDOT and municipalities can trade services. Harford has signed up for Agility in the past, but no one could remember getting anything useful out of it. Supervisor Doug Phelps said that the measure was simply to get a conversation started. The Township could use some help with bridges and guard rails; it could offer roadside mowing in exchange.
The Township will hire Trevor Payne for part-time work on the roads, with possible promotion to full-time status eventually. Mr. Payne has been helping out with plowing already this snowy season.
Harford Township is interviewing candidates to replace its tax collector. Tim Button is quitting the long-time family business started by his grandfather to spend more time with his own growing family. Whoever is selected will have to run for the position in the next election.
The Supervisors adopted an ordinance formalizing the Township’s long-time participation in the Unemployment Compensation Group Trust sponsored by the Pennsylvania State Association of Township Supervisors (PSATS).
Mr. Phelps announced that the Supervisors are meeting with representatives of the U.S. Department of Agriculture to try to develop a plan for the sewer system that will help to fund a new round of required upgrades at the sewer plant at a low rate and consolidate the system’s finances on a more rational basis.
Asked about a claim for damages from a resident at Tingley Lake as a result of a sewer system backup last year, Mr. Phelps said that the Township’s insurers denied the claim last Autumn. He said that he is not aware of any further legal action with respect to the claim.
On the other hand, the Township’s solicitor, Jamie Hailstone, attended the meeting to lend a hand in a couple of other matters. For one, he met with the Supervisors in executive session following the public meeting to discuss actual or potential litigation related to the drainage issues on Tyler Lake Road. A project to improve drainage in the area of the lake completed last year has been challenged by other nearby residents as causing further problems for the lake and their own properties. No further information was made available about the status of that dispute.
The newest difficulty that may erupt into litigation concerns the compressor station that one resident says violates the Township’s noise ordinance and disturbs his family’s peaceful enjoyment of his property. The trouble is that both the Township’s and the county lawyers say that, because the facility was permitted by the county Planning Commission, regulation of whatever noise it emits comes under Planning Commission rules, which they say supersedes the Township’s jurisdiction.
This is the second month that the Supervisors have heard the arguments of the residents who want enforcement, so, as long as Mr. Hailstone was there, he was able to present his interpretation of the situation, which he said he provided to his clients, the Harford Township Supervisors, to wit, that the Township has no jurisdiction and the claimants should appeal to the county.
For their part, the complaining residents disagree that the Township’s ordinance does not apply. They seem to believe that Harford’s ordinance is more restrictive than the county rules. When they – and Ms. Scroggins – tried to get the Supervisors to agree to enforce the Township ordinance and were denied, they seemed to concede that they would have to appeal to a “higher office” to clarify the interpretation, presumably meaning a court action of some kind.
Ms. Scroggins is posting her recordings on YouTube.com so you can follow the action yourself. In the YouTube.com search box simply enter Vera Scroggins Harford and be enlightened.
If you prefer, however, you can attend the next public meeting of the Harford Township Supervisors scheduled for Tuesday, March 10, 2015, beginning at 7:00pm at the Township office on Route 547. That way, if it’s recorded, you may find yourself on YouTube.com.
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Lanesboro Mulls Resident Request
By Kerri Ellen Wilder
Pennsylvania’s General Assembly passed Act 192 in the waning days of its last legislative session. Lame-duck Governor Tom Corbett signed the Act into law on November 6, 2014. Now, Lanesboro resident Mark Gingerella is asking Lanesboro Borough Council to take action in response. In the name of holding the boro harmless from legal liability, as well as to make Lanesboro a safer place due to a well-armed citizenry, Mr. Gingerella argued for 2nd Amendment fidelity.
If readers are scratching their heads as they read this, they would have been in good company with those present for Lanesboro’s monthly borough council meeting on Tuesday, February 10. Present for the meeting were Council President Dan Boughton, Council members Ed Arzouian, Regina Dilello, and Tom Nitterour. Also present for the meeting was Secretary/Treasurer Gail Hanrahan. Mayor Chris Maby and Councilmen Jason Fissel, David Glidden, and Dale Rockwell were absent.
The 7:02 to 7:46 p.m. meeting started out routinely enough. Previous meeting minutes were approved, and by unanimous (roll-call) vote Council members adopted the “Municipal Liens Ordinance” which had been advertised previously.
At that point, Lanesboro resident Mark Gingerella, who had made prior request for time on the agenda, presented a “2nd Amendment Preservation Ordinance,” copies of which were distributed to all present at the meeting.
Mr. Gingerella presented the legislative history of Act 192. He further explained its relation to the Second Amendment of the U.S. Constitution and to Article I, Section 21 of the Commonwealth’s Constitution, and its authority to preempt infringements on the right to bear arms by subdivisions inferior to the state. Mr. Gingerella inquired as to whether there were any local ordinances restricting the bearing of arms in Lanesboro. Council members answered that they were unaware of any such ordinances, but that boro ordinances were currently in the review process.
Mr. Gingerella explained that under Act 192 all municipalities in Pennsylvania are subject to state law and are preempted from making or enforcing laws, regulations, or ordinances of a more restrictive nature. By this legislation Pennsylvania standardized firearms laws across the state, and thereby opened the door for legal liability of subdivisions which, after January 5 2015, have or impose more restrictive requirements within their locality.
Mr. Gingerella posited that for those localities with more restrictive ordinances, and for those violating gun-owner rights by their enforcement actions (even in the absence of such restrictive firearms ordinances on the books), legal liability exists. Any resident of Pennsylvania has standing to bring suit, whether resident to the municipality or not. Each individual lawsuit, he claimed, would have to be separately defended and would essentially bankrupt the municipality sued.
To protect gun-owners’ firearm rights and protect the borough from liability issues Mr. Gingerella recommended the “2nd Amendment Preservation Ordinance” (based upon an ordinance passed by Gilberton Borough in Schuylkill County) which would make a nullity of all laws and regulations passed in contravention to the 2nd Amendment of the Constitution. Mr. Gingerella envisioned training of the local police force as to the meaning of this ordinance. He also foresaw the need of sending notifications to county, state, and federal law enforcement agencies to advise them that because of the borough’s strict fidelity to gun-owner firearms rights borough officials could not assist or facilitate enforcement agencies attempting to exert enforcement authority in contravention of the 2nd Amendment. At this point some eyebrows were raised, bodies shifted (perhaps uncomfortably), council asked questions, and palpable concern was obvious.
Council members, while not averse to Second Amendment rights, decided the prudent decision was to refer the matter to the borough’s solicitor, Attorney Myron DeWitt, for further review. Council members thanked Mr. Gingerella and pushed on to the public comment portion of the meeting.
Next up was a member of the audience who made inquiry into a robbery (theft?) that occurred in the borough in November of 2014. The victimization occurred at Turnpike Terrace Apartments, and from all indications there is a prime suspect but no arrest has been made. Council members declined to comment on the case, and as Chief Jim Smith was not in attendance at the meeting police could not make any statement on the investigation’s progress. To assuage the commenter’s concerns Secretary Hanrahan collected her contact information so that Chief Smith could update her on the status of the investigation.
From public comment, President Boughton segued directly into the Police Report for the month of January. It showed 118.5 hours for LPD, 11 of which were billed to Thompson. Additionally, 125.5 hours were dedicated to on-campus school patrol. Lanesboro Police made 14 traffic stops, issuing 5 citations and 9 warnings for the following violations: speeding (4), inspection (3), registration (2), and equipment (5). Police handled cases of illegally parked vehicles on the 21st and 31st of January, and handled one case of criminal mischief and one case of sexual assault/harassment.
Council moved on through the Streets, Parks & Recreation, and Sewer Reports with virtually no news. Council members expressed satisfaction with the street plowing, but noted that a lot of potholes will have to be filled come spring. No success has been realized in setting up a previously proposed skating rink; future attempts may proceed. No news on the proposed sale of the sewer system yet again this month.
Two items came up in the Community Center Report. Miss Mandy Cook reported there are rentals scheduled, one each in March, April, and June. Council members noted the general icing condition on the sidewalk of the park-side of the building, as well as the generally less-than-satisfactory plowing of the parking lot. Steps will be taken to improve both.
In New Business, a local Scout Leader requested the use of Luciana Park for over-night camping on the night of July 3, 2015. Council granted approval with the proviso that the scouts’ camping does not interfere with the marathon regularly scheduled in July.
There being no other business, Council adjourned at 7:46 p.m. Next meeting is scheduled for Tuesday, March 10.
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Mast, Briggs Are Charged in Death
Gibson -Jerry Mast, 24 years old, Hallstead, Pa. has been charged with Criminal Homicide, Robbery, Criminal Conspiracy to Commit Robbery of Motor Vehicle, Robbery of Motor Vehicle, Hindering Apprehension or Prosecution, Theft by Unlawful Taking or Disposition and Abuse of Corpse, and Sarah Briggs, 26 years old, Hallstead, Pa. has been charged with Murder in the Second Degree, Robbery, Criminal Conspiracy to Commit Robbery of Motor Vehicle, Robbery of Motor Vehicle, Hindering Apprehension or Prosecution, Theft by Unlawful Taking or Disposition and Abuse of Corpse In the death of Roy Marvin.
On February 10, 2015 at approximately 1:30pm, the body of Roy Marvin, 26 years old from Hallstead, was found by a Wildlife Conservation Officer over an embankment on Harmony Road, Great Bend Township.
On February 11, 2015, an autopsy was conducted by Dr. Gary Ross. Dr. Ross ruled the death a homicide due to multiple stab wounds.
Through the investigation, it was learned that Mr. Marvin was in the company of
Briggs and Mast around the time of his murder.
On February 12, 2015 at approximately 12:30 am, Mr. Marvin's vehicle was located in the parking lot of the Microtel Inn & Suites, Elmira St., Athens Twp., Bradford County, Pa. Mast and Briggs were found inside Mr. Marvin's vehicle and were taken into custody.
For more information, visit www.psp.state.pa.us.
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Suski Boro Sets Events
By Kerri Ellen Wilder
Looking for something to do? Susquehanna Boro might have something up your alley. At their regular monthly meeting for February borough council members approved SCDA (Susquehanna Community Development Association) requests for staging the boro’s annual Easter egg hunt and Hometown Days. Also approved was a motion to participate in the Great American Cleanup this spring. More about all these events later.
First, council meeting attendees were overjoyed at the return of Council President Joe Varsik. Mr. Varsik, who last attended a regular monthly meeting in October 2014, received a warm welcome upon entering the meeting room. He thanked council for their patience and for soldiering on during his absence. While conceding he may miss some future meetings due to ongoing health issues, he’s looking forward to getting back into a regular routine.
Present for the Wednesday, February 11 meeting were council members John Hendrickson, Barbara Larsen, Kaylin Lindquist, Roy Williams, and Debbie Zayas, along with Mayor Nancy Hurley and Secretary/Treasurer Margaret Biegert. Councilwoman Sue Crawford was absent.
The scheduling of the annual Easter egg hunt came up during the reading of correspondence. SCDA requested the use of F.J. Reddon Park and Sports Complex at 11 a.m. on Saturday, March 28, 2015. Council approved the request unanimously.
Also included in SCDA’s correspondence was a request for holding Hometown Days from Wednesday, July 15 through Saturday, July 18. President Varsik explained that the carnival company at last year’s Hometown Days event had been very successful. Hence Hometown Days will grow from three to four days, increase the number of rides, and expand from one night to two all-inclusive tickets (bracelets) for every ride. Council’s approval was unanimous. The increased size and length of Hometown Days will require greater logistical planning for Erie Boulevard, but council members expressed confidence in being up to the task.
The Great American Cleanup was brought to council’s attention under New Business by Councilwoman Lindquist. She provided background on the program, the support provided by PennDot, and the time-frame during which the program runs in the spring. After some discussion, council settled on two important facets of the cleanup, namely what would be cleaned up and on what date. Litter was deemed Public Enemy #1, especially as the receding snows of winter will undoubtedly reveal the detritus left behind by Old Man Winter. The date settled upon was Saturday, April 25--on the weekend closest to Earth Day. PennDot is providing free gloves and vests and will provide free disposal on that date. Councilman Williams voiced what everyone present was thinking, “Hopefully the snow will be gone by then.”
Speaking of snow, Mr. Williams said, “We’ve been plowin’; we’ve had measurable snow in 18 of the last 21 days.” Councilman Williams, acting in his capacity of Code Enforcement, noted that he has been issuing tickets to residents negligent in clearing snow from sidewalks. Residents, he reminded, must remove snow within 24 hours after the snow storm has stopped. Additionally, sidewalks at corners must also be cleared to the street so that pedestrians can access crosswalks. Mayor Hurley noted that some residents are STILL shoveling snow into the street; strict enforcement is, and will be, the boro’s response.
Mayor Hurley also delivered the Police Report for the month of January. That report showed the following from 28 total event responses: 10 traffic stops, 3 domestic disputes, 2 thefts, 2 for convulsions/seizures, 2 for “miscellaneous,” and 1 for each of these event descriptions: suicide attempt, suicide complaint, unconscious/fainting, animal, criminal mischief, disorderly conduct, motor vehicle accident, noise complaint, and suspicious person.
Other police matters discussed focused on a police radio requiring replacement and the recognition that one of the police cars (the Dodge Charger) is not well-suited for duty on the borough’s rugged terrain. Regarding the radio, it was purchased for $750 and is covered by the borough’s insurance policy. However, because of falling prices (due to technological improvements and productivity) a replacement can be had for $275. Because the borough has a $250 deductible insurance will pay $25 if a claim is filed.
The Dodge Charger’s status is more problematic. The cruiser has less than 50,000 miles on it, and at first glance its resale value would appear to be around $13,000. However, catch-22’s are in play and realistically its resale/trade-in value is no more than $5,000 to $8,000. President Varsik detailed the catch-22’s and how the borough might approach a solution with the least unfavorable outcome.
Concerning favorable outcomes, Emergency Management Coordinator John Hendrickson’s February report highlighted that favorable outcomes (in case of fire) are much more likely when residents clear snow away from fire hydrants near their property. He extended “a big thank you” to all the residents who did take the time and made the effort. In case of emergency the borough’s fire department is saved precious time when a needed hydrant is previously cleared. The life you save and the property you preserve may be your own.
Mr. Hendrickson also reported that the extended period of arctic-like cold has resulted in some water leaks in the borough--with consequent street closures. Notable leaks or related water problems were detected at Sixth Avenue, Prospect Street, Franklin Avenue, and at Main and Exchange Streets. Residential water service, he noted, was not affected except during the actual periods when repairs were being made.
In Old Business, President Varsik noted that PAWC has expressed an interest in acquiring the Tri-boro Municipal Authority. Necessary steps will be taken to bring the parties together for talks and to see if the deal is a good fit for both parties. Also under Old Business was mention of ordinance codification. Mr. Ken Rotz will be visiting the borough on Friday, February 20th to assist with that initiative.
The last “Old Business” concerned streamlining of borough government. Two separate questions actually encompass this issue. The borough is currently divided into two wards. While the borough nominates and elects borough council members on an at-large basis, the borough’s legal structure is based on a ward system. Separate election boards are required for each ward, and ward residency dictates balance and eligibility for service on at least four boards and commissions. Consequently, this makes for an awkward structure of governance. The borough’s solicitor, Michael Briechle, provided two (alternative) pathways to streamline the borough’s legal structure to be more responsive to citizenry and in legal conformity.
The secondary issue concerning government structure can only be addressed after the aforementioned issue is resolved. How many borough council members does the borough need? There are currently seven members on council. Would gradual (over a period of years) reduction to five members improve accountability and responsiveness? That’s not on the table currently, but it’s certainly on the horizon.
Incidentally, Secretary Biegert notified the County Voter Registrar in January that the borough has five seats up for election during this year’s Municipal Election. Four of those seats, currently held by council members Williams, Zayas, Varsik, and Larsen, are four-year terms; one seat, that held by councilwoman Lindquist, is up for a two-year term.
At 7:53 p.m. Council went into Executive Session to discuss two property-related legal issues and to discuss two personnel issues. According to information reported by Secretary Biegert, Council returned to regular session at 8:26 p.m. and adjourned without taking any official action on the subjects discussed.
Next borough council meeting is scheduled for Wednesday, March 11th.
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Ken Dibbell Testifies At DFA/DMS Hearing
Submitted by Arden Tewksbury, Pro-AG
Ken Dibbell, dairy farmer and a member of the Progressive Agriculture Organization (Pro-Ag) from South New Berlin, New York, testified against the proposed settlement involving DFA/DMS (Dairy Farmers of America, Inc. / Dairy Marketing Services LLC) and several dairy farmers in the Northeast.
The hearing was held in the US District Court for the district of Vermont on January 29, 2015. Presiding over the hearing was the Honorable Christina Reiss. Attorneys for the plaintiffs (several dairy farmers) had reached a proposed settlement with DFA/DMS which was being hotly contested by some of the plaintiffs and other affected dairy farmers. Mr. Dibble pointed out to the judge that a prior case, identified as the Southeast settlement involving 6,000 dairy farmers, returned approximately $300 million dollars to the affected dairy farmers.
However, according to Dibbell, the proposed settlement of $50 million dollars could affect over 12,000 dairy farmers. Mr. Dibbell and other dairy farmers were asking Judge Reiss not to accept the proposed settlement. Mr. Dibbell told Judge Reiss the financial mess that dairy farmers are experiencing could have been avoided if the United States Congress would have passed S-1645, the Federal Milk Marketing Improvement Act/ Specter-Casey bill, which was geared to return a fair price to dairy farmers. S-1645 also would have been fair to milk processors and consumers, according to Mr. Dibbell. The New York state farmer also pointed out that in 1940 there were over 4 million dairy farmers, and now we are down to slightly over 46,000 in the United States. S-1645 was also geared to handle any surplus milk problems. According to Pro-Ag, several days before the hearing, Pro-Ag sponsored a teleconference call involving several dairy farmers which generated several letters to the court opposing the settlement.
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Senator Baker Announces Local Office Hours
SUSQUEHANNA COUNTY -- Senator Lisa Baker, R-20, announced that Field Representative Tom Yoniski will be available for consultation 10 a.m.-noon at the Forest City Borough Building, 535 Main St., Forest City, on Thursday, Feb. 19. While appointments are recommended, walk-ins are welcome.
Constituents are encouraged to visit with any questions or problems relating to state matters and no appointment is necessary though they can be scheduled. Concerns may also be addressed by visiting Senator Baker’s district office at 22 Dallas Shopping Center, Dallas, by visiting her website at www.senatorbaker.com or by calling (570) 675-3931.
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Property Tax/Rent Rebate Update
HARRISBURG – Rep. Tina Pickett (R-Bradford/Sullivan/Susquehanna) announced that forms for the state’s Property Tax/Rent Rebate program for 2014 are now available.
Eligible participants can receive a rebate of up to $650 based on their rent or property taxes paid in 2014. The program benefits eligible Pennsylvanians who are 65 years or older, widows and widowers 50 years or older, and those 18 years or older with disabilities.
Eligibility income limits for homeowners are set at the following levels, excluding 50 percent of Social Security, Supplemental Security Income, and Railroad Retirement Tier 1 benefits: $0 to $8,000, maximum $650 rebate (homeowners and renters). $8,001 to $15,000, maximum $500 rebate (homeowners and renters). $15,001 to $18,000, maximum $300 rebate (homeowners only). $18,001 to $35,000, maximum $250 rebate (homeowners only).
Due to a law passed last year to ensure claimants aren’t disqualified from rebates solely because of Social Security cost-of-living-adjustments, homeowners and renters may be eligible for rebates even if their eligibility income is greater than these limits. Any homeowner who collected Social Security, received a property tax rebate in 2013 for claim year 2012 and had annual income last year – discounting half of Social Security – up to $36,129, is encouraged to apply for a rebate for claim year 2014. Any renter who collected Social Security, received a rent rebate in 2013 for claim year 2012 and had annual income last year – discounting half of Social Security – up to $15,484, is also encouraged to apply.
Pickett reminds residents that they need not pay a private entity for assistance in filing the forms. Copies of the forms, as well as assistance with filing them, are available at member’s office at no cost. Applicants should be prepared to provide all the necessary income, property tax or rental information required to process claims quickly and accurately. Applications are due by June 30.
Anyone requesting assistance from Pickett’s office in Sayre should call in advance for an appointment at (570) 888-9011. Walk-ins are accepted at the Towanda office.
For additional information or assistance, contact her offices or visit www.RepPickett.com.
The Property Tax/Rent Rebate program is one of many initiatives supported by the Pennsylvania Lottery, which dedicates its proceeds to support programs for older Pennsylvanians. Since the program began in 1971, $5.6 billion has been paid to qualified applicants.
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Project To Research Children’s Abuses
The Family Service Association of Northeastern PA in conjunction with the Steering Committee of the Susquehanna/Wyoming County Multi-Disciplinary Investigative Team/Child Advocacy Center Project announce the development of a Child Advocacy Center to begin serving both counties in 2015. This new program will be supported by grant funding awarded by the Pennsylvania Commission on Crime and Delinquency.
The project, co-chaired by Wyoming District Attorney Jeff Mitchell and Susquehanna County District Attorney Jason Legg, is comprised of representatives of Children and Youth Services, Victim Services, and law enforcement from each county. Through a project supported by the Pennsylvania District Attorneys Association, this group has been meeting over the last year to determine the need and feasibility of starting a jointly administered Child Advocacy Center. Joining with the Family Service Association, they were able to successfully apply for start-up grant funding to begin local services, which in the past were provided by transporting children to centers located in adjoining counties.
Child Advocacy Centers are child-friendly facilities at which multidisciplinary teams, including representatives from child welfare, law enforcement, victim services, and social services can collaborate on child abuse investigations and case planning, and conduct forensic interviews of children referred by law enforcement and child protective services. These programs bring together the key investigative and service components to ensure that the systems designed to protect and serve children do not further traumatize them. Child Advocacy Centers strive to minimize any system induced trauma caused by multiple and repeated interviews directed at children during the investigation and court process, and to maximize the child’s recovery by ensuring appropriate and comprehensive services are made available to the child and his/her family to meet their overall needs.
From 2011 through 2013, the average number of child abuse reports made to Children & Youth annually was 57 in Wyoming County and 87 in Susquehanna County. According to information provided by Child Advocacy Centers from adjoining counties, 39 forensic interviews were conducted from referrals made by police departments or Children and Youth Services from Wyoming or Susquehanna Counties for child abuse cases in 2014.
A full time program director will be hired by Family Service Association and will work from a location convenient to both counties.
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Bench Warrants
The Susquehanna County Domestic Relations Section has outstanding Bench Warrants for the following individuals as of 11:15 a.m. on February 13, 2015.
Jeremy E. Anderson, Sr., David P. Atherholt, Jr., Shawn J. Bedford, Allen S. Bowman, Michael J. Burger, Brian N. Carter, Anthony M. Choplosky, Tina M. Clark, Ronald S. Cook, Brian M. Decker, Benjamin D. Fassett, David J. Fischer, Justin T. Giberson, Timothy M. Holmes, Lyle J. Hugaboom, Dustin L. Johnson, Leo A. Lasuer, Todd J. Layton, Joshua S. Lee, Charlie J. Legere, Derrick Lezinsky, Daniel M. Mangin, Vincent J. Petriello, Veronica D. Phelps, Brian T. Phillips, Desiree L. Shifler, Tessa E. Thomas, Kurtis Tracy, Steven G. Warner, Kyle D. Wilbur, Jamie L. Williams, Sr.,
Please contact the Domestic Relations Section at 570-278-4600 ext. 170 with any information on the location of these individuals.
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Last modified: 02/24/2015 |
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