Rush – C. H. Davis has for over 50 years been engaged in shoemaking and repairing in Rush, where he has a reputation for good work that is unexcelled in any locality. Although 75 years of age he has never used glasses—and he is an omnivorous reader and well informed on the events of the day—and it only takes one trial to thread a needle. Like all lovers of Nature, he is looking forward to the spring months when he can dig in the soil and welcome back the birds, who find in him a friend and interested observer.

Montrose – The Feast of the Passover will be ushered in this year on Monday evening, March 29th, and continue for a period of eight days. There being no Jewish synagogue in Montrose, many of the Jewish citizens will, at some period of the Passover, attend services in Scranton, Binghamton, Schenectady or New York.

Springville – The firm of Brown & Reynolds has purchased, from the Hungerford estate, the store which they have been conducting in that place the past year. The young proprietors were in Montrose on Monday completing the purchase transaction. The many friends of these enterprising young men wish for them a steadily growing and prosperous business.

Susquehanna – Former Postmaster George W. Shaeff is a candidate for Register and Recorder.

Herrick Center – The parsonage of the M. E. church, occupied by F. D Fletcher’s family, came near being destroyed by fire Sunday morning. The fire originated in a clothes room near the kitchen stove, but by the prompt assistance of neighbors the fire was controlled, although the building was considerably damaged and some of the household goods destroyed.

Transue, Auburn Twp. – Mrs. Catherine Carter passed away March 12 at the home of her sister, Mrs. Laura Christian. She was 84 years old last August. She was buried at South Auburn beside her husband, who died two years ago.

Binghamton – Three young knights of the road, from Binghamton, who had started to beat their way to the Panama Exposition at San Francisco, were warmed and fed at the Montrose House Wednesday night. The boys ranged in ages from 14 to 16 years, and left for home on foot in the morning, declaring that the Parlor City was good enough for them, especially until warmer weather.

Fairdale, Jessup Twp. – Last Saturday fire destroyed the fine dwelling house on the N. L. Parks farm near Fairdale. The fire doubtless originated from the chimney and owing to the lack of means to fight the flames the house was speedily consumed. Mr. Parks, who lives in Montrose, had rented the house to the family of Marshall Rumford about two months previous. The structure was a large and comparatively new one, having been erected about ten years ago. He carried no insurance.

New Milford – A marriage license was issued to Paul R. Walworth and Addie M. VanBuskirk, both of New Milford.

Hallstead – The fast Hallstead basket ball team will play the Montrose team at the Colonial [Hall] this evening for the championship of Susquehanna county. The team has beaten such rapid teams as Binghamton and Susquehanna and on Christmas night cleaned up Montrose by the unexciting score of 53-7. Also We are pleased to learn that the Miesch Manufacturing Co., makers of silk ribbons, is about to make extensive alterations of the plant, which will open opportunities for young men and women for profitable employment. This is an industry of which Hallstead may well be proud.

Bridgewater Twp. – Fire of unknown origin destroyed the barn on the L. N. Mack farm at the Mott farm, near the old carding mill, last Friday afternoon, also a couple of chicken houses adjoining. The barn was rented by T. B. DeWees, who saved his livestock and some of the vehicles and farming implements he had stored there.

Thompson – One hundred and four from here boarded the train Thursday night for Susquehanna to attend Evangelist Crabill’s meetings. Everyone felt well paid for going. One feature of the meeting, which called forth great applause from the vast audience, was the rendering of “Brighten the Corner,” by Rev. W. E. Webster’s two little sons, Edgerton and William, aged 8 and 4 years respectively.

Glenwood, Lenox Twp. – William Squires has a milking machine installed in his barn. It is a cinch to do the milking now.

Uniondale – Nelson Crandall’s family is sorely afflicted. Mrs. Crandall has erysipelas, Ward Crandall has the scarlet fever and Letha Crandall has the scarlet fever. A trained nurse is in attendance. Of twelve cases of scarlet fever in the town, most are convalescent.

Oakland Twp. – The public schools have been closed on account of an epidemic of chicken pox.

Forest City – The third annual banquet of the Irish-American Society of Forest City and Vandling, in honor of St. Patrick, whose name is revered wherever the sons of the Emerald Isle are to be found, was held in the Forest House on Tuesday evening. It was the most successful gathering yet held by the society and marks a new epoch in local banquets. Over a hundred men were in attendance. In the congenial surroundings, with a repast that would suit the epicure, a post prandial program of speeches, song and story that stirred the imagination, appealed to the love of native land and brought the frequent and hearty laugh that is the best sauce for any feast, the hour went by on rapid wing. It was an evening pulsating with life and pleasure and profit for those privileged to attend. There was not a dull moment from the singing of the opening ode “America,” to the hearty rendition of “God Save Ireland,” which closed the happy festivities. Each of the guests was presented a pretty souvenir blending the American and Irish colors and at each plate was a bottle labeled Blarney Castle Whiskey, which when the cork was pulled, proved to be emblazoned with the Irish emblems. The evening closed with a song fest by the entertainers, the happy banqueters seeming loath to say “enough.”

A reader contacted me and wanted to “know how a PFA works.”  The reader recounted a personal experience that a relative had encountered relating to a protective order that had caused some loss of faith in the legal system – and it seemed that the reader wanted to know exactly how protective orders were obtained and what kind of evidence was necessary to get a protection order.

First, in 2014, there were over 100 petitions for protective orders filed last year in the Court of Common Pleas of Susquehanna County – which means roughly 2 petitions every week.  The most common mistake that people make regarding protective orders relates to eligibility.  We get calls from lots of different people with different relationships seeking a protective order – and some of those relationships simply do not qualify for a protective order.  For instance, if you have a problem with a neighbor harassing you, this does not mean that you will be eligible for a protective order.  Rather, there is a limited class of people eligible for protective order, namely “family or household members, sexual or intimate partners, or persons who share biological parenthood” who have been subjected to abuse.

 “Family or household members” is specifically defined as “spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.”  In other words, the scope of persons that the Protection from Abuse Act seeks to protect are those subjected to some kind of domestic violence, i.e., abuse and violence perpetrated by a loved one or relative.  In order to even file a petition for a protection order, you need to demonstrate that you are eligible for the relief based upon the nature of your relationship with the other party.

If you do have the necessary relationship to apply for a protective order, the next question would be what constitutes abuse?  First, the definition obviously includes acts of violence that cause (or could cause) bodily injury, as well as sexual assault and other criminal conduct.  More broadly, the definition of abuse also includes “knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following that person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.”  In the case where there has not been a clear criminal act of abuse, the question that the Court must determine is whether the nature of the relationship and the course of conduct during that relationship resulted in a situation that would place a “person in reasonable fear of bodily injury.”

If a petition seeks immediate relief (which most do), the victim must allege an “immediate and present danger of abuse.”  The judge is required to conduct an ex parte hearing, i.e., the judge has to interview the applicant under oath and on the record to determine whether there is an “immediate and present danger” of abuse.  In this proceeding, the statute only provides for the victim to be heard prior to the entry of the temporary order – and the judge generally only has that limited testimony available prior to making the decision to grant a temporary order.

If a temporary order is granted, the statute requires that a full hearing be conducted within ten (10) days in order that the other party is provided full due process.  Both sides are permitted to introduce evidence at this hearing – and the judge must then make a determination as to whether a final order of protection is necessary – and the length of time the order will remain in place (which may be up to 3 years.)

The reader questioned how a judge makes a determination as to the necessity for a protective order, i.e., when you have two sides giving different versions of events and perhaps no other evidence.  Admittedly, the judge must make credibility determinations that may be difficult based upon likely limited information presented by the parties, especially where many litigants are pro se without the benefit of an attorney to assist in the presentation of the case.  In a PFA proceeding, however, the standard of proof is substantially lower than a criminal proceeding – the judge must only find by a preponderance of the evidence that abuse has occurred and that the abuse would place a reasonable person in fear of bodily injury.  A preponderance of the evidence merely requires a “more likely than not” standard, sometimes described as anything over fifty percent probability or the slightest tipping of the scales of justice in the favor of the party alleging the abuse.

Again, it is important to remember that most of the proof in PFA proceedings may boil down to simply the aggrieved party describing to the judge the nature and extend of verbal abuse or harassment – and the other party denying that any such abuse ever occurred.  There may be no physical evidence at all because the relationship never became physically abusive, but this does not mean that it was not abusive and/or dangerous.  The purpose of the Protection from Abuse Act is to protect people from not only ongoing violence – but the potential for violence if the relationship continues down a destructive path.  The judge has to do his or her best to weigh the testimony, the nature of the relationship, the potential for lethality, and the need for judicial intervention to protect the aggrieved party.

Please submit any questions, concerns, or comments to Susquehanna County District Attorney’s Office, P.O. Box 218, Montrose, Pennsylvania 18801 or at our website www.SusquehannaCounty-DA.org or discuss this and all articles at http://dadesk.blogspot.com/. 

Holly And Her Pre-Existing Condition

Holly, 35, came into the pharmacy with a big smile on her face. After being turned down by insurance companies because she has asthma, the passage of the Affordable Care Act – the law known colloquially as Obamacare – allowed Holly to obtain an excellent medical insurance package. The pharmacist said, “That’s one of the best things about Obamacare. Now, people with pre-existing conditions can get reasonably priced medical insurance, whereas previously they could be denied coverage.”

According to the US Department of Medicare & Medicaid Services, a pre-existing condition is a medical problem or diagnosis that existed before one obtains health insurance. Under the Affordable Care Act, health insurance companies cannot refuse to cover you or charge you more just because you have a pre-existing condition — that is, a health problem you had before the date that new health coverage starts. They also cannot charge women more than men, which in the past meant that women, by the very nature of their anatomy, may have more medical problems such as pregnancy complications, than men. Insurers also cannot limit benefits for your pre-existing condition either. Other examples of pre-existing conditions which are typically chronic and can be costly include: heart disease, cancer, diabetes, mental illness, COPD, hemophilia, epilepsy, chronic Infections, a pregnancy prior to coverage, or an injury which occurred prior to coverage. 

If you are covered by a plan that existed March 23, 2010, your plan may be "grandfathered." You may not get some rights and protections that other plans offer. There are 2 types of grandfathered plans: job-based plans and individual plans (the kind you buy yourself, not through an employer). All health plans – grandfathered or not have to: end lifetime limits on coverage, end arbitrary cancellations of health coverage, cover adult children up to age 26, provide a Summary of Benefits and Coverage (SBC), a short, easy-to-understand review of what a plan covers and costs, or hold insurance companies accountable to spend your premiums on health care, not administrative costs and bonuses.

Grandfathered plans do not have to: cover preventive care for free, guarantee your right to appeal a coverage decision, protect your choice of doctors and access to emergency care, or be held accountable for excessive premium increases. In addition to the above, grandfathered individual health insurance plans (the kind you buy yourself, not the kind you get from an employer) do not have to: end yearly limits on coverage or cover you if you have a pre-existing health condition. Check with your carrier or employer to see if you have such a plan. Then, shop around at healthcare.gove for a better plan.

In the past, a typical week for Holly included walking her dog, having lunch with friends and worrying about her lack of health insurance. Thanks to the Affordable Care Act, Holly was able to enroll in coverage despite her pre-existing condition. The pharmacist added, “By the end of 2015, the number of uninsured will drop by 19 million, to just 31 million, or 1 out of every 9 Americans under the age of 65.”

Ron Gasbarro, PharmD is a registered pharmacist, medical writer, and principal at Rx-Press.com. Write him at ron@rx-press.com.