McKean Potter Source 11-29-2022

29 2022

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NOVEMBER

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Austin • Coudersport • Crosby • Eldred • Kane • Lewis Run • Mt. Jewett Port Allegany • RIDGWAY• Roulette • Smethport • Turtlepoint

PennDOT urges drivers to use caution, avoid unnecessary travel during wintry weather OIL CITY — With periods of possible intense snow in the weekend forecast for portions of the northwest region, the Pennsylvania Department of Tr a n s p o r t a t i o n (PennDOT) District 1 is urging motorists to use caution while driving and avoid traveling whenever possible during severe weather conditions.

“Our crews are prepared to work throughout the weekend as the weather dictates.

Those plans include shifting resources and employees among the

counties as needed,” said Doug Schofield, PennDOT assistant district executive — maintenance.

“Salt, anti-skid and other materials are in good supply in the region, which includes Crawford, Erie, Forest, Mercer, Venango, and Warren counties. Crews will be working around the clock, as needed, to keep the roads safe and passable.”

Motorists are reminded that roadways will not be free of snow while precipitation is falling. With freezing temperatures, roads that look wet may

actually be icy, and extra caution is needed when approaching bridges and highway ramps where ice can form without warning.

Drivers should leave plenty of space – six car lengths – when following a truck that is plowing or spreading winter materials.

For motorists who are traveling during times of snow or sleet, PennDOT offers this advice: Slow down gradually and drive at a speed that suits the conditions.

Turn on your headlights.

Pa.’s casinos generated more than $450M in October

HARRISBURG (TNS) — Casino gambling in Pennsylvania, whether online or in person, showed no signs last month of slowing in the face of economic headwinds caused by high inflation and rising interest rates.

Statewide, October casino revenues released by the Pennsylvania Gaming Control Board Thursday increase 5.71% over the previous year with more than $450 million generated from all forms of casino gambling.

Online wagers statewide set a monthly record in October, according to the PGCB. Hollywood Casino at Penn National Race Course in Grantville increased its revenues 20.4% bolstered by internet-based gaming and sports wagering.

The Grantville casino’s revenues of $68.7 million was the highest of all the Commonwealth’s casinos. Of that, $52.7 million came from internet gaming.

“It’s a healthy market. There have

been monthly all-time records set all year,” said Chad Beynon, managing director and head of U.S. equity research at Macquarie Capital Equities in New York City. “There was concern with declining in the beginning of the year with the war in Ukraine and the effects of inflation, higher gas prices and higher interest rates.”

Beynon said consumers have started pulling back on purchasing home electronics and home furnishings but haven’t yet followed suit when it comes to gaming.

The one nagging negative in the local mix continues to be softness in Hollywood’s brickand-mortar business.

Live slot play revenue from its 1,830 machines lagged 17.6% at Hollywood Casino at Penn National and table games revenue slipped another 23.4% At Hollywood’s Yorkminicasino, live slot revenue increased 15.3% but table revenues slid 17.1%.

Executives at

Wy o m i s s i n g - b a s e d parent company Penn Entertainment cited increased competition and shifting market share to the York and Morgantown minicasinos as the main causes for the live play declines, during its third quarter earnings call earlier this month.

Beynon agrees with the company’s assessment.

“The State College and Shippensburg (mini-casinos) have been pushed back to mid-2023,” he said.

“What benefitted landbased casinos was money from child tax credits and stimulus checks inflating gaming numbers. Now, we’re starting to see declines in equities and home prices.”

APenn Entertainment spokesman told PennLive earlier this month that the proliferation of “skillbased games” – video slot machines found in bars, taverns, gas stations and convenience stores – continue to impact the bottom line.

Stay in your lane.

Increase your following distance.

Stay alert, keep looking as far ahead as possible and be patient.

Reduce in-car distractions since your full attention is required.

Use the defroster and wipers.

Keep windows and mirrors free of snow and ice.

During whiteouts, come to a complete stop only when you can safely get as far off the road as possible or when there is a safe area to do so.

Do not stop in the

flow of traffic since this could create a chain-reaction collision.

Do not pass a vehicle moving slowly or speed up to get away from a vehicle that is following too closely.

Give ample room for plow truck drivers to treat the roadways and never pass between two trucks operating in a plow line.

Always buckle up and never drink and drive.

Motorists should do their part to prepare for potential wintry weather by allowing additional

time in their commute and ensuring they have supplies in their vehicles, including food, water, blankets, extra gloves and hats, cell phone charger, hand or foot warmers, windshield brush and scraper, and any specialized items like medications or baby and pet supplies.

For more information on PennDOT’s winter preparations and additional winterdriving resources for motorists, visit h t t p s : / / w w w. penndot.pa.gov/ TravelInPA/Winter/

WA S H I N G T O N — In order to address the high incidence rate of violence involving law enforcement and people with disabilities, U.S. Senator Bob Casey, D-Pa., has introduced the Data on Interactions and Accountability for Law Enforcement with Individuals with Disabilities (DIALED) Act. This legislation would improve transparency by developing data collection to get an accurate representation of how people with disabilities are affected by interactions with law enforcement, including use-of-force and fatal interactions. A report from the Ruderman Family Foundation found that 33 to 50 percent of all use-of-force instances involve people with mental health disabilities, despite statistics showing that only 19 percent of the population has a mental health disability.

“The Pennsylvania families of Walter Wallace, Jr., Ricardo Muñoz, and Osaze Osagie experienced heartbreaking loss — we

must do everything in our power to prevent future tragedies from taking place,” said Casey.

“This legislation takes active steps to ensure we have up-to-date, accurate information on police interactions with people with disabilities so that we can find solutions and prevent unnecessary violence.”

Current data collection methods fail to collect information on disability status, despite evidence people with disabilities are more likely to be victims of crime, leading to increased interactions with law enforcement.

The DIALED Act would amend the Death in Custody Reporting Act and the FBI Use of Force Data Collection Program to ensure that disability status is collected and reported publicly.

The legislation would also create a national advisory council on disability status and law enforcement interaction data collection, tasked with developing collection and reporting methodologies and providing recommendations to the

Attorney General on best practices.

The DIALED Act is the third bill in Casey’s Law Enforcement Education and Accountability for People with Disabilities (LEAD) Initiative, which also includes the Safe Interactions Act and the Human-services Emergency and Logistic Program (HELP) Act. The Safe Interactions Act would provide grants to enable non-profit disability organizations to develop training programs that support safe interactions between law enforcement officers and people with disabilities. The HELP Act would enhance state and regional 2-1-1 and 9-8-8 call systems, diverting some noncriminal emergency calls away from 9-1-1 and toward human services and mental health support agencies.

The DIALED Act is cosponsored by U.S. Senators Tammy Baldwin, D-Wis., Elizabeth Warren, D-Mass., Tammy Duckworth, D-Ill., Bernie Sanders, I-Vt., and Chris Van Hollen, D-Md.

Casey introduces bill to improve interactions between police and people with disabilities

2

NOVEMBER 29, 2022

EQB to consider air quality regs on conventional drilling

BY MARCIE SCHELLHAMMER

The state Department of Environmental Protection says Pennsylvania has to impose air-quality regulations on conventional oil and gas drilling before Dec. 16, or lose out on $800 million in federal highway funds.

It’s all because of the General Assembly and the House Environmental Resources and Energy Committee, according to the DEP. This regulation is necessary to meet federal guidelines, the DEP states, and wouldn’t be necessary if not for the General Assembly making a law that bifurcated regulations on unconventional and conventional sources.

A release late Tuesday afternoon stated that the Pennsylvania Environmental Quality Board will meet at 9 a.m. Nov. 30 to consider an emergency rule on volatile organic compounds (VOC) for existing conventional oil and gas sources. The proposed regulation mirrors a final-omitted regulation that the EQB adopted on Oct. 12, and that the Independent Regulatory Review Commission (IRRC) approved on Nov. 17.

However, the DEP release continued, on Nov. 14, “with less than half an hour’s notice, the House Environmental Resources and Energy Committee held a meeting to discuss and vote on sending a letter to IRRC informing them that the committee disapproved the finalomitted regulation adopted by the EQB in October.”

That letter triggered a mandatory 14-day review period — beginning after the IRRC meeting on Nov. 17 — during which the regulation cannot

be finalized. During that 14-day period, the committee may hold a meeting and vote on a disapproval resolution to stop the regulation.

If that review period ends after the end of the legislative session on Nov. 30, the period is suspended until the new session has convened.

“This process would extend into 2023, beyond the Dec. 16 deadline, and result in the Commonwealth losing hundreds of millions of dollars in federal highway funds,” the DEP release stated.

“We are considering this emergency rulemaking in an effort to comply with federal requirements and prevent sanctions that could cost Pennsylvania hundreds of millions of dollars in federal highway funds,” said DEP Acting Secretary Ramez Ziadeh.

“Due to the actions of the House Environmental Resources and Energy Committee, we have no choice but to consider this emergency certified rulemaking in order to comply with federal regulations.”

Rep. Marty Causer, R-Turtlepoint, didn’t believe the situation was as dire as the DEP made it seem.

“It’s just more of the same with Governor Wolf and the DEP,” Causer said. “They are constantly wanting to pile regulations on oil and gas producers.”

This time, the threat they are using is a withholding of federal funds.

“What does this have to do with transportation funds?”

Causer asked. “We have to push back.”

The legislator continued, saying if Wolf wants to “throw blame around,” throw it at the DEP. “His own agency tried to

promulgate regulations for conventional and unconventional together, which is illegal. It’s his own department that’s breaking the law.”

When asked if he was concerned about the threat to withhold federal funds, Causer said he doesn’t believe they would follow through with it.

He added, too, that this is another instance of the DEP trying to act as lawmakers.

“They are always trying to bypass the legislature and do things by regulations, because it has the force and effect of law. That’s why we push back. Only elected officials should be making those decisions,” Causer said.

When asked what could happen next, if the DEP moves forward with the regulation, Causer said litigation is a possibility.

“What are the avenues, right now I don’t know,” BY MANDY COLOSIMO he added. “I think we Not only has need to continue to push Red Kettle back against excessive the regulations and against Campaign already threats from the federal started in Bradford, government.” but the Salvation According to the DEP, under the Army has also set federal Clean Air Act, aside a couple of Pennsylvania has until days to get some Dec. 16, to submit a State holiday decoration Implementation Plan, shopping started as including a rulemaking covering VOC emissions well.

The National Red for all required oil and Campaign gas sources, to the Kettle U.S. Environmental traditionally starts Protection Agency. on Thanksgiving If adopted by the EQB, Day, but Major the emergency regulation will go into effect upon David Means, from notice or publication the local church, in the Pennsylvania said Bradford begins Bulletin. a week early because The regulatory sometimes filling in package is available at https://www. the volunteer slots d e p . p a . g o v / can be difficult.

This year’s PublicParticipation/ EnvironmentalQuality/ fundraising goal is Pages/2022-Meetings. steep at $38,500. And aspx

Salvation Army’s bells are ringing in the season with Thrift-mas

Rixford man jailed for alleged assault, rape

BY MARCIE SCHELLHAMMER

A Rixford man is in McKean County Jail for charges alleging the assault and rape of a woman on Nov. 13.

Justin W. Nichols, 33, is charged with rape by forcible compulsion, rape by threat of forcible compulsion and aggravated assault — attempts to cause serious injury with extreme indifference, all firstdegree felonies; sexual assault, aggravated indecent assault without consent, aggravated indecent assault by forcible compulsion, aggravated indecent assault by threat of forcible compulsion, all second-degree felonies; indecent assault by forcible compulsion, indecent assault by threat of forcible compulsion and terroristic threats, all first-degree misdemeanors; indecent assault without consent, simple assault and false imprisonment,

all second-degree misdemeanors; and harassment, a summary offense.

According to the criminal complaint, at 10:37 a.m. on Nov. 13, state police responded to a Rixford residence for an inactive domestic incident. The victim told police that between 4 and 10 a.m. that day, she was held against her will

by Nichols. She said he came home drunk while she was sleeping, began to scream at her, threw multiple items at her and then began to kick and strike her, causing major swelling and bruising to her eye and leg. He was wearing leather work boots while kicking her.

The complaint stated that Nichols then took his belt off and began hitting her. She attempted to flee, but he forced her back to the bed, picked up a hammer and began to swing it toward her, making threats that he would kill her if she tried

to leave, according to the complaint.

The victim said Nichols forced her to undress and sexually assaulted her.

When police interviewed Nichols, he admitted to “roughing up” the victim, causing the bruising, swinging the hammer and sexually assaulting her, the complaint stated.

Nichols was arraigned Nov. 13 before District Judge Rich Luther and remanded to jail in lieu of $350,000 bail. He is scheduled to appear in Central Court on Dec. 1.

some may wonder where this money goes.

“It stays here, in Bradford,” said Means. “This year we will serve 90 families who have signed up for Thanksgiving food baskets. Each one has a turkey and all the sides. Then those 90 families are already signed up for a Christmas basket. And, we will be taking additional orders for families who need holiday meals. The Christmas baskets have ham and all the sides of the holiday.”

To sign up for a Christmas basket, bring a form of identification and

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proof of income during business hours and the office will get you signed up.

He explained that there are more families signed up this year but not quite as many as there were before the pandemic. “ F a m i l i e s are starting to experience the higher cost of food now, and so are we.

But we are here to make sure everyone has a meal. It is a priority for us,” said Means.

Bell ringers are always needed and if anyone wants to help, call the Salvation Army from 10 a.m. to 3 p.m.

Monday through Thursday to sign up.

Kettles are located at both entrances of Walmart, at Tops, and at Save A Lot. Another piece supporting the Red Kettle Campaign this year is the Thriftmas fundraiser.

Area residents are invited to shop at the Christmas Thrift Shop from 10 a.m. to 2 p.m. Dec. 2 and 3 to help raise money for the campaign.

The Thrift-mas will feature all things related to

F o t I A w s e h g t h W

P 1 n 3 W Christmas decor, i said Means. They A have trees, bulbs, F house decorations, t and more. It is a cash l only event, leave t the credit cards and a checkbooks at home. C

If not interested in shopping, but would R rather donate some C w decorations, drop i off between 10 a.m. a and 2 p.m. Monday b through Thursday d until Dec. 1. The D Christmas Thrift T Shop will be happy V to have more.

Finally, it is cold outside.

And if anyone missed the winter weather outdoor wear giveaway that DestinationsBradford held recently, don’t worry.

All the gear that remained is available at the Salvation Army for those who need it. Every Thursday, except Thanksgiving, is a free clothing give away day from 10 a.m. to 2 p.m.

Means said, “There are 30 to 50 people in here each week. If it folds, we take it. And if we have it, others are welcome to take it.”

The Salvation Army is located at 111 Jackson Ave.

3

NOVEMBER 29, 2022

High School fall esports State Championships heading to the Steel City

Water Authority reports work on East Main St. near completion

BY MARCIE SCHELLHAMMER

Bradford City Water Authority had some good news for area motorists on Wednesday — the work on East Main Street in Bradford is HARRISBURG — +PTX, located at 1025 huge success for these almost done.

For the first time in the Washington Pike in student athletes.”

Executive Director organization’s history, Bridgeville.

In addition to its Steve Disney the Pennsylvania Students and Rocket League State explained Mortimer’s Interscholastic Esports esports’ fans from Championships in Excavating is nearing Association (PIEA) all across the region, Pittsburgh, the PIEA completion of the will hold an esports including fans from will head to the other 3,500-foot portion of state championship surrounding states, are side of the state to host main line and service along event in Pittsburgh, invited to attend. its 2022 Fall Valorant replacement East Main Street.

Tiehighlighting the The Phoenix-14 State Championships ins with the existing growth of the PIEA and Theater has invested on Dec. 18, at Saint the impact esports has resources to convert a Joseph’s University in system have been completed. The next had on high schools in portion of its facility, Philadelphia. street will be Jerome Western Pennsylvania. which they dubbed Along with Phoenix Avenue.

Currently, the “Rezzanine Esports,” to Theatres Chartiers “Mortimer’s have PIEA boasts nearly an esports arena to host Valley, the PIEA is requested to continue 140 schools in its events like the PIEA proud to partner with working through network, with close to State Championships. additional sponsors for the winter months,” 30 percent hailing from “We are very excited the 2022 Fall Esports he said. “A meeting Western Pennsylvania, to finally bring the PIEA State Championships, held this week with including Bradford State Championships including Pittsburgh city officials and the Area School District. to the Pittsburgh Technical College, Department of Public For the 2022 Fall Season, area and Western Lycoming College, Works indicated they the PIEA reached its Pennsylvania,” said Saint Joseph’s will allow the work to largest number of Samantha Bickel, PIEA University, McNees continue one step at teams competing from executive director. “We Wallace & Nurick, and a time providing no across all corners of the have seen tremendous AVGL Intel Inspires. major (complications) Commonwealth. growth in this part of For more arise.”

C h i v e r s The PIEA’s 2022 Fall the Commonwealth as information about the Construction is Rocket League State more and more schools PIEA Fall 2022 State continuing with the Championships, which are establishing esports Championships, please will feature free, live, teams and programs. contact Samantha replacement of lead in-person semifinals There is a buzz around Bickel. And for more service lines, working the Belleview and Grand Final, will Pittsburgh regarding information about the in Avenue and Summer be held at 11 a.m., with esports and we are PIEA, or to register for Street areas. doors open at 10 a.m, on thrilled to partner future competitions, “They are currently Dec. 17 at the Phoenix with Phoenix Theatres visit PIEA at discovering 61% Theatres Chartiers Chartiers Valley to interscholasticesports. of the original lead Valley Luxury 14 make this event a org.

lines identified in our records research were found to be lead, with 39% found to have been replaced with copper at some point over the years,” Disney said.

Both of these are part of the lead abatement project that was funded in July with $8.5 million through PENNVEST using Water Infrastructure Funding Transfer Act funds.

Two other projects had to be moved to 2023. The Marilla Brook Crossing project had to be moved due to supply chain issues, and has a revised project deadline of April 24, 2023. The Harrisburg Run water main relocation project has been moved to next year as well.

Disney said the authority has scheduled a meeting for Tuesday with the Pennsylvania Department of Transportation, bridge engineers and Foster Township “to confirm a workable solution to avoid relocating the water mains.”

The 2023 annual budget is being prepared, with officials waiting on November water consumption results to finalize it.

The authority

hosted Steve Chausse and Zia Quereshi from Noresco on Nov. 2 to conduct plant operations reviews at the wastewater and water treatment plants. Noresco is a qualified energy services company that can assist in Pennsylvania’s Guaranteed Energy Savings Act project, which are generally 15 to 25% below cost of traditionally designed, bid and built projects, Disney said.

A resolution was approved to sign a developer agreement with SCBC Preservation LLC relative to the McKean County Housing Authority’s rehabilitation project on South Center Street and Brookline Court.

Disney explained it related to the replacement of the authority’s underground utilities.

Also approved were three resolutions for potential projects to be submitted to the Pennsylvania Small Water & Sewer Grant program and the Pennsylvania H2O Grant program.

The December meeting of the authority will be held at noon Dec. 21.

4

NOVEMBER 29, 2022

Bradford man charged for alleged assault

A Bradford man has been charged after an alleged September domestic dispute led to injuries for a female.

Nathan Harpster, 38, of 11 Marion Ave., is charged with strangulation, a seconddegree felony; simple assault, a second-degree misdemeanor; and

harassment, a summary.

According to the criminal complaint, at 1:03 a.m. Sept. 17, at an apartment on Main Street, Harpster grabbed a woman’s face and forced her to the floor, breaking her glasses. He then began strangling her on the couch, the complaint stated. He

allegedly punched her and threw items around inside the residence as well.

Harpster was arraigned Monday before District Judge Dom Cercone and released on $5,000 unsecured bail. A preliminary hearing in the case is scheduled for Central Court on Dec. 1.

Polaris recalls Aqua: Help keep wastewater lines clear snowmobiles because vapors may this holiday season ignite in fuel tank

MEDINA, Minn.

(TNS) — Polaris Industries has recalled 138,000 snowmobiles because the fuel tank may burst and start a fire.

“Electrostatic discharge inside the fuel tank can cause vapors to ignite during operation and the tank to burst, posing a fire hazard,” according to an announcement with the U.S. Consumer Product Safety Commission.

According to the commission, Polaris “has received 30 reports of fuel tank bursting, including 16 incidents of fire and

one report of a seconddegree burn.”

The recall includes Polaris Matryx model years 2021-23, Axys model years 2015-22 and some Pro-Ride 2013 and 2014 models.

The snowmobiles were sold at Polaris dealers nationwide from October 2011 through August 2022 for between $5,300 and $21,500.

Owners can enter their vehicle identification number online to see if their snowmobile is included in the recall.

Owners of the recalled snowmobiles are encouraged to

stop using them and contact Polaris or an authorized deal to have the fuel tank assembly replaced for free. If the vehicle needs to be moved, Polaris recommends making sure the fuel tank is full. If not, the tank should be filled with fresh gasoline.

For more information, contact Polaris Industries at (800) 765-2747, between 8 a.m. and 8 p.m. ET, Monday through Friday; or go to the website and click on “Off-Road Safety Recalls” under the safety menu at the top of the page.

BRYN MAWR — Aqua reminds customers that they play a role in ensuring their local wastewater system operates properly, from the pipes that run from their homes and businesses to the treatment plant itself.

This holiday season, Aqua encourages customers to watch its new video featuring easy tips for the proper disposal of fats, oils and grease.

Recommendations include: Never pour cooking

grease down sink drains or into toilets.

If homeowners have leftover cooking grease, carefully pour the warm, not hot, grease into a metal can, wait for it to cool, and dispose of it in the trash.

Keep strainers in sink drains to catch food scraps and other solids.

Scrape food scraps and grease into a trash can.

Garbage disposals do not keep fat, oil and grease out of plumbing systems or prevent clogs. While these items

go down the drain as liquids, they solidify and, over time, can completely block pipes and cause raw sewage backups in homes and overflows in streets.

Aqua also reminds customers to dispose of wipes, even those labeled flushable, in the trash instead of flushing them. Wipes, tissues and napkins do not break down and can cause backups in household plumbing and larger blockages in wastewater collection systems.

Bradford Sanitary Authority receives Judge backs penalties favorable decision against Pa. county in voting machine case

HARRISBURG — A Pennsylvania judge has recommended the state’s high court impose civil contempt penalties against a Republicanmajority county government that this summer secretly allowed a third party to copy data from voting machines used in the 2020 election lost by former President Donald Trump.

Commonwealth Court President Judge Renee Cohn Jubelirer’s 77-page reportissued late Friday said the July inspection and copying of computer data from machines rented by Fulton County was a willful violation of a court order designed to prevent evidence from being spoiled.

She recommended that the justices find that the county, based on the actions of Republican Commissioners Stuart Ulsh and Randy Bunch, “engaged in vexatious, obdurate, and bad faith conduct” in their lawsuit against the Department of State over whether a 2021 inspection by another outside group meant the machines could no longer be used.

Cohn Jubelirer, an elected Republican, recommended that the county be ordered to pay some of the state’s legal fees and that the Dominion Voting Systems Inc. machines in question be turned over to a third party for safekeeping at the county’s expense.

Dominion has been the subject of right-wing conspiracy theories about the election supposedly being stolen from Trump. It has since filed a number of defamation lawsuits against his allies and right-wing broadcasters.

Messages seeking comment were left Friday and Saturday for Pottstown lawyer Thomas J. Carroll,

who represents Fulton County, Ulsh and Bunch.

Messages were left Saturday for Ulsh, and Bunch did not answer his phone.

The judge noted that during a threeday hearing earlier this month, Ulsh and Bunch invoked their Fifth Amendment right against self-incrimination “in response to the vast majority of questions asked of them on direct examination.”

Cohn Jubelirer’s report was commissioned by the state Supreme Court after lawyers for acting Secretary of State Leigh Chapman sought a contempt order. The request for the order was based on Bunch and Ulsh’s disclosure in separate litigation in September that Speckin Forensics LLC of Lansing, Michigan, had copied hard drives in July from Democracy Suite 5.5A voting machines that Fulton County had rented from Dominion.

The Department of State ordered the county to stop using its rented Dominion machines after Bunch and Ulsh allowed one group, Wake TSI, access to them as part of an effort to help Trump’s failed efforts to reverse his defeat. Fulton County, Bunch and Ulsh sued to challenge the state’s order that the machines could not be used in future elections, and Fulton County has since been using other machines.

“All chain of custody has been broken, and it is now impossible to determine what the state of the Dominion Voting Equipment was immediately after the Wake TSI Inspection,” Cohn Jubelirer wrote.

“That is, the Speckin Inspection rendered the voting equipment unreliable as evidence of what Wake TSI did, and it is impossible to reverse

that effect.”

The Department of State had told counties they were not allowed to provide others such access to voting machines. Ulsh and Bunch were moments away from permitting a third group, Envoy Sage LLC, to inspect the machines in January when the state Supreme Court put that on hold.

The inspection planned in January was to involve computers, electronic poll books, ballot scanners and possibly more.

Litigation over the Envoy Sage inspection and the state’s order prohibiting outside access was planned for Supreme Court oral argument last month before the Department of State notified the justices of the Speckin inspection and sought penalties.

The high court took the matter off its calendar and asked Cohn Jubelirer to investigate.

Cohn Jubelirer said the justices should not grant Chapman’s request that they dismiss the lawsuit that Fulton County, Ulsh and Bunch have pending against her.

Instead, Cohn Jubelirer said that during the ongoing litigation any facts related to the machine inspections should be “conclusively established” in Chapman’s favor.

Rural Fulton County is overwhelmingly Republican and gave Trump more than 85% of its vote in 2020.

On November 16, the Commonwealth Court of Pennsylvania issued a decision in Bradford Sanitary Authority’s l o n g - r u n n i n g construction dispute with Bob Cummins Construction concerning wastewater treatment plant upgrades Cummins performed in 2014-2015, including construction and installation of sequencing batch reactors (SBRs) to treat wastewater.

The Commonwealth Court had already reversed and vacated an earlier jury verdict for Cummins following a 2019 trial, concluding that the trial court had erred in agreeing with Cummins that the parties’ contract was ambiguous concerning which party had contractual responsibility for performance deficiencies with the SBRs, a critical feature in the treatment process (“Cummins I”).

Cummins and its subcontractor had changed the design of the SBRs and used an alternate manufacturer (Ashbrook), but Cummins argued to the trial court that the Authority nonetheless retained responsibility for any performance deficiencies with the SBRs. The Commonwealth Court rejected Cummins’ arguments and instead found that Cummins alone had sole contractual responsibility for performance deficiencies once it deviated from the Authority’s original SBR design.

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Commonwealth Court ordered that judgment be entered for the Authority consistent with its contractual analysis and that, to the extent judgment was not entered for the Authority, a new trial be held on all claims, including those by the Authority against Cummins. On remand, however, the trial court held that judgment should be entered for Cummins on its non-SBR (change order) claims based on the jury verdict.

The trial court also permitted Cummins to argue in a new trial that Cummins in fact was not at fault for any SBR performance deficiencies.

The Authority then appealed to the Commonwealth Court a second time (“Cummins II”), with the Commonwealth Court again finding that the trial court erred, expressly stating that “Cummins is solely liable for defective system performance related to its Ashbrook SBR, and is prohibited from retrying its liability therefor at the new trial.”

The Commonwealth Court further found that the trial court erred in entering judgment for Cummins on the

non-SBR (change order) claims and against the Authority on its counterclaims based on the earlier jury verdict that the Commonwealth Court had vacated.

The only exception is Cummins’ bad faith claim against the Authority, for which the Commonwealth Court affirmed the trial court’s entry of judgment in favor of the Authority and against Cummins.

The Bradford Sanitary Authority Board Members have always sought to obtain for its customers, the work Cummins promised in its contract to perform.

When performance deficiencies arose and work was incomplete, the Authority exercised its rights. The Authority is pleased that the Commonwealth Court again rejected Cummins’ arguments seeking to avoid its contractual obligations.

Much delay and litigation expense could have been avoided if Cummins had accepted its contractual obligations as stated by the Commonwealth Court and had not asked the trial court to enter a judgment contrary to Cummins I.