Wednesday, October 20, 2010

Attorney seeks to suppress testimony in Staph trial

Oct. 20, 2010

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

A co-defendant in an upcoming mortgage fraud trial wants to exclude the testimony of a government expert and two witnesses.

Attorney Thomas J. Farrell, representing Neshannock Township resident Anthony Staph Jr., filed the motions Oct. 12 in Pittsburgh federal court.

Staph, a real estate appraiser, was indicted on one felony count of bank fraud in the Affordable Housing of Lawrence County scandal. Prosecutors charged that in November 2005 Staph inflated the prices of seven New Castle properties to $350,000.

Federal investigators allege Staph’s appraisals were instrumental in First Commonwealth Bank approving a $250,000 loan to Affordable Housing. The Lawrence County Housing Authority created the nonprofit agency in 2003 using $200,000 in federal funds.

Co-defendant Nicholas DeRosa, of North Cascade Street, faces one count of bank fraud, two counts of mail fraud and one count of money laundering conspiracy. He is a retired city school administrator and former city councilman.

Farrell asked Senior District Judge Gustave Diamond to exclude the testimony of R. Robert Barone Jr., a state certified appraiser. Barone produced a report in September 2006 for the U.S. Department of Housing and Urban Development. In it, he listed the value of the properties at $198,500.

“This Court should preclude Mr. Barone from testifying because his opinion is based on unreliable data and information,” Farrell wrote. “In particular, in reaching his conclusions, Mr. Barone relies upon West Penn Multi-List real estate property listings ...”

He claimed the service does not verify the listings’ accuracy.

Farrell also said that Barone did not account for the time the structures were vacant.

“The properties appraised by Mr. Staph deteriorated significantly after he finished the appraisals,” Farrell wrote. “In the (10) months after the Staph appraisals were completed, the properties were vacated and vandalized and were left unattended in the cold winter months and stripped of carpeting, tiling and various fixtures ...

“The properties as appraised by Mr. Barone were simply not the same properties appraised by Mr. Staph.”

Staph’s attorney then filed a motion to bar Robert Ratkovich and Gary Felasco, former county treasurer, from testifying. Farrell also reiterated his request to separate his client’s case from DeRosa’s. The trial is scheduled to begin Nov. 1.

Ratkovich, of 512 Norwood Ave., pleaded guilty in July 2009 to bank and mail fraud conspiracy in addition to money laundering conspiracy. The former housing authority supervisor and city councilman is set to be sentenced at 10 a.m. Oct. 27 in Pittsburgh.

Diamond sentenced Felasco in September 2009 to three years probation for failing to file a 2005 federal tax return. The case was separate but related to the Affordable Housing scheme. Court records stated Felasco illegally collected $35,000 from the Affordable Housing purchases. In doing so, he underpaid the IRS $10,000.

In his motion, Farrell provided seven statements from government documents that he said amounted to hearsay. The remarks involved another person associated with city-based Castle Realty, where Staph is employed.

A federal investigator noted in a July 2008 interview with Felasco that “DeRosa told Felasco that the appraisals were nothing more than a formality, and they would get the appraisals they wanted.”

“The government may argue that these statements are admissible as co-conspirator statements,” Farrell wrote. “There is no independent evidence that (Staph) was part of a conspiracy.”

The U.S. Attorney’s Office has until Tuesday to respond.

Saturday, October 16, 2010

New Castle to join state-backed study

Oct. 14, 2010

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

New Castle will participate in the Pennsylvania Department of Education’s merger study.

The board agreed to the department’s no cost, no obligation offer in a 7-0 vote last night. Members Fred Mozzocio and Karen Humphrey were absent.

“This doesn’t mean New Castle will look to merge with another district,” Superintendent George Gabriel said at Tuesday’s work session. “I think it would be incumbent on us to at least participate.

“We are not committing anything other than some of the administration’s time to work with the department of (education).”

Earlier in the year, the Union Area School District’s superintendent approached Gabriel about a potential merger.

I had one meeting with Dr. (Alfonso) Angelucci, and I can tell you there was not a whole lot of substance,” he said. “I think the substance comes through this feasibility study.”

The board also approved two measures involving the Harry W. Lockley Early Learning Center.

Eckles Architecture & Engineering was approved as the architect overseeing the renovation, which is estimated to cost between $16.4 million to $19.3 million. The board also permitted the district to hire a geotechnical engineer. The contract is not allowed to exceed $20,000.

Both requests passed in 6-1 votes. Barbara Razzano said she voted ‘no’ because she did not support the project.

Monday, October 11, 2010

Razzano continues records chase

Oct. 8, 2010

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

Barbara Razzano will go to court to enforce an open records ruling against the New Castle Area School District.

“We’ve decided to move ahead with that,” said Pittsburgh attorney Ronald D. Barber, who represents the school board member.

He would not disclose when the filing would take place.

District solicitor Charles Sapienza said Razzano already has information on the city’s youth football program.

Razzano asked for documents dating back to March 2008 when the school board voted to have Red Hurricane head coach Frank Bongivengo Jr. oversee the program. She maintains the district has not fulfilled her request.

“The position of the administration and myself is that we have complied with the directive of the (Pennsylvania) Office of Open Records,” Sapienza said during the school board’s September work session.

“We gave them all records. We never possessed, controlled or created those records.”
In April, the district filed a petition for review of the state agency’s decision. The action occurred when the district learned board member Mark Kirkwood also had financial records relating to the program.

Sapienza said he was satisfied Bongivengo and Kirkwood made good-faith efforts to provide the materials Razzano wanted.

Days prior to the Aug. 31 pretrial hearing in Lawrence County common pleas court, Sapienza asked Judge J. Craig Cox to discontinue the case. However, Cox wanted to meet with the parties.

Sapienza reportedly told Cox that the district would provide whatever records Razzano believed she still did not possess.

“I’m telling you all (Bongivengo and Kirkwood) have told us, ‘That is all there is,’” Sapienza said to the board.

He added Razzano’s attorney made no request for records during the session with the judge, who had agreed to dismiss the district’s petition.
“If they believe there is something specific that has not been turned over, then let us know,” Sapienza said.

Terry Mutchler, the Office of Open Records’ executive director, said it is up to Razzano to move her case forward. She said the agency is awaiting a state Commonwealth Court ruling regarding its enforcement powers.

Razzano’s second notice, submitted in December, sought the following items: an original bank statement with balance totals and check descriptions; deposit slips, bank information from March 12, 2008, through June 17, 2009; a list of all signers for banking; and the minutes and names/titles of the executive committee.

A Pennsylvania State Police investigation is continuing into Bongivengo and the city youth football program’s finances. No announcement on the case is expected to take place until the season concludes.

The district does not fund the program and Bongivengo did not receive compensation. Concession sales at Taggart Stadium during the district’s football games provide the money necessary for operations.

A group of volunteers now handles the funds associated with the youth teams, while the ’Canes coach oversees the football operations.

Wednesday, October 6, 2010

No handouts

Oct. 6, 2010

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

First came the words of support and some followed with donations.

The one-, five-, 10- and 20-dollar bills presented to the Lin family were politely rejected and quickly returned. One spurned China Banquet customer threw $20 at the register and exited.

Gaofeng Lin said his family appreciates the community’s response after the theft of $11,000 earmarked for his grandmother’s cancer treatment.

His father, Jiesheng, was leaving the next day for the Chinese province of Fujian.

“(The customers) feel bad,” said Lin, a 2005 New Castle High graduate. “We do appreciate their sympathy. We’re very thankful.”

And that’s where it ends. No fundraisers, charity, benefits or gifts for the Lins, who have operated the business for the past 10 years.

“We want to use our hands to earn our money back,” he said. “We want to do something, like cooking your food.”

The theft occurred around 2:30 p.m. Friday at the North Jefferson Street buffet. Lin said seven Spanish-speaking men and women entered the building and ordered takeout meals. He said they had not been in the restaurant before.

Within the 15 to 20 minutes they were there, one member of the group asked where the bathroom was located. The money was gone when they left.

Lin said the money was in a bag and out of sight. Approximately $200 was also taken from a waitress’ laptop case.

“It seems like they knew it was in there.”

The city police department has not released a report on the incident.

Lin’s 75-year-old grandmother, Sai-Ying Chen, is in a hospital for lung cancer. However, she is unaware of the seriousness of the illness. Lin said her physicians have placed the responsibility of disclosing the information to Chen’s relatives.

“She doesn’t know she has cancer,” he said.

Lin said the doctors demand payment before starting treatment. They have provided enough money to have her placed into a treatment center.

“If you don’t have money, you’re waiting to die. They only accept cash.”

The Lins have borrowed money from family to help with costs. The cash was withdrawn Friday, he said, because their bank was closed on the weekend.

Lin said his father expects to head to China in one to two months with the funds needed to start the grandmother’s treatment.

Some have suggested to Lin that the theft was an inside job. He rejected the idea.

“People here are pretty nice.”

In the meantime, Lin said that people wanting to help should come to the restaurant — and eat.

“We want to earn it.”

Wednesday, September 15, 2010

City schools clear state's bar

Sept. 15, 2010

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

Target practice bolstered George Gabriel’s confidence as New Castle prepared for the state’s 2010 assessment test.

The superintendent was pleased, but not surprised, when the school district earned its fourth consecutive Adequate Yearly Progress citation.

“We were able to give preassessment tests that correlated with the (Pennsylvania System of School Assessment test),” Gabriel said. “I knew months ago that we did pretty well.”

The annual testing is required under the federal No Child Left Behind Act. Schools are scored on performances in math and reading in addition to the number of exam participants and school attendance/graduation. Students in grades three through eight and 11 take part.

Math and reading performance are at the core of the PSSA. In reading, 63 percent of the students must attain advanced or proficient comprehension. That goal is 56 percent in math.

The district’s third-grade students in the John F. Kennedy, Thaddeus Stevens and West Side primary centers posted the best results. Thaddeus Stevens students turned in a 81.8 percent showing in reading. The top math effort came from West Side with a 92.7 rating.

Next year, the goals are higher.

“The challenge is that the state has raised the bar in reading and math for the 2011 test,” Gabriel said.

The math standard jumps from 56 to 67 percent, while the reading target increases from 63 to 72 percent.

Using the Pennsylvania Department of Education projections, the district will meet the higher criterion set for math. However, George Washington Intermediate Elementary School and the junior/senior high school are trailing the 2011 goals for reading.

Gabriel said data-driven instruction allows teachers to pinpoint problem areas.
“We could see where there were deficiencies and change instruction accordingly,” he said. “Our math and reading scores are showing that the district’s curriculum teaching techniques are making a difference.”

According to the state, New Castle had an 86.3 graduation rate. The goal was 85 percent.

Students also were tested in math and science. However, those results were not part of the overall scoring. Three grades took part in each section.

Participants in the science section were made up of the fourth grade (65.4 percent were advanced or proficient), eighth grade (33.3 percent) and 11th grade (27 percent). Classes part of the writing exam were fifth grade (54.8 percent), eighth grade (63.3 percent) and 11th grade (72.4 percent).

Tuesday, September 14, 2010

Girl wows with muscles, healthy lifestyle

Sept. 14, 2010

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

A New Castle youth’s physique has amazed bodybuilders, fitness experts, classmates and, well, pretty much anyone who sees her.

Genetics are responsible for 11-year-old Mikala Henry’s build — a sculpted appearance that others spend years in the gym to obtain.

Mikala’s impromptu appearance at an international sports festival generated a stir and led to an article in a national women’s fitness magazine. However, the sixth-grader wants to turn the attention from herself and focus on battling childhood obesity while promoting healthy lifestyles.

“She’s a natural,” her father, Alton, said.

Mikala played hard in her mother’s womb.

“The twisting, twisting, twisting in my stomach,” Charmagne Henry said of her pregnancy.

The child’s arrival gave a hint of what was ahead.

“You could see she was muscular. She sat up (on my stomach) and looked like she was flexing,” Charmagne said. “She was born to be an active child.”

People asked Mikala’s parents early on if she worked out.

“Work out? She’s too young,” Alton said. “(My wife and) I were like that, too. Never touched a weight and was in excellent shape.”

“As the years went on, I just got used to it,” Charmagne added.

A trip to Columbus, Ohio, in March placed the George Washington Intermediate Elementary student in an unexpected spotlight. Mikala was there to participate in the gymnastics portion of the 2010 Arnold Sports Festival.

The four-day event is named after famed bodybuilder, actor and California Gov. Arnold Schwarzenegger. The festival, started in 1989, features 44 events.

The bodybuilding venue gained Charmagne’s attention.

“I thought Mikala needs to be here,” she said. “I knew she’d fit right in.”

As the family entered the area, Mikala found people converging on her.

“The paparazzi came out of the woodwork,” Charmagne said. “They thought she was a bodybuilder.

“It was just crazy.”

A number of male and female bodybuilders, such as Lou Ferrigno (who played television’s “The Incredible Hulk”), Toney Freeman and Denise Masino approached and posed with the youngster.

“That was amazing. I was excited,” Mikala said.

Robert Kennedy, a bodybuilding guru and magazine publisher, also met the youngster. He profiled her in the July edition of “Oxygen.”

While she enjoys the attention, Mikala said she is concerned about the health of her classmates. She defies the common notion that children dislike healthy food.

“You are what you eat, and that’s how I raised them,” Charmagne said.

Mikala enjoys broccoli — cooked and raw — and eats fruits, vegetables and beans in addition to baked fish and chicken.

“I saw these kids who were obese, and I felt sorry for them,” she said. “I wanted to help them eat right and exercise.

“They can have diabetes, high blood pressure and heart attacks.”

To help others, she is creating Internet videos that focus on exercise and nutrition. Her family is working on a series called “Healthy Choices with Little Mikala.” Her website is http://littlemikala.weebly.com/.

Monday, August 9, 2010

Community helps family

Aug. 7, 2010

By PATRICK E. LITOWITZ
plitowitz@ncnewsonline.com

Phyrn Womer took a break to say thanks.

The words of appreciation came out between prolonged pauses and intermittent sobs.

“The generosity of the whole community is overwhelming,” she said. “We just thank the Lord that my husband and I are here today.”

It’s been almost a month since Bob and Phyrn Womer lost their Wilmington Township home in a fire.

During that time, friends, family, church members and community residents delivered supplies, prayer and care.

“I just don’t know what to say,” Phyrn Womer said.

The Womers have lived at the corner of Route 208 and Covered Bridge Road for 54 years. Bob Womer, a retired floor installer, built the home with $10,000 he received under the GI Bill.

“They were one of the first ‘English’ families to build here,” said daughter-in-law Barb Womer.

They have been a part of the Amish community for all those years, said Peggy Foht, the Womers’ daughter. Two weeks before the fire, her father went to a barn raising.

“Mom and dad have always given,” she said. “Now, they’re just getting back.
“Once or twice a day there’s an Amish family to stop and see my mom and dad to check on them.”

Yesterday, the rebuilding began.

The Womers’ Amish neighbors planned to work on the structure the morning after the July 9 blaze.

The couple’s insurance company slowed the pace of recovery. Bob Womer said the damage was estimated at $100,000.

“The Amish community was sort of taken aback by that,” Foht said. “They’re use to just jumping right in.”

The insurance company paid for the supplies. The Amish are donating their labor.

JEEMCO Inc., a New Wilmington construction company, contributed equipment and workers.

Tim Womer, the couple’s oldest son, said approximately 20 Amish men in addition to other workers arrived at the home between 7 and 7:30 a.m.

“Within a couple of hours we had the whole roof and everything else torn off,” he said. “They immediately started putting a new structure up.”

A 6-year-old also helped as he removed torn hardwood flooring.

Bob Womer expects to return to their home by Thanksgiving.

Until then, he and his wife are staying in a camper on the property.

“What we lost was just material things,” Phyrn Womer said. “We just thank the Lord for our family and all the wonderful, wonderful friends that we have.”