Press And Journal 1/16/13

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Press And Journal

WEDNESDAY, JANUARY 16, 2013

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VOLUME 123 - NO. 3

12 PAGES

Water, sewer sale behind Pappas removal, two testify By Daniel Walmer

Press And Journal Staff

With months of animosity over debt refinancing, communication and the future of Middletown’s water and sewer systems swirling in the background, a legal fight between Middletown Borough Council and Middletown Borough Authority chairman Pete Pappas has finally gone to trial. Dauphin County Judge Lawrence Clark heard arguments on the case, which centers around the validity of Pappas’s reappointment to the authority by council in December 2009, on Monday, Jan. 14. Clark made clear that the decision would not be based on politics, but based on the law. “I understand what’s going on in the background here,” he said. “The financial difficulties of Middletown are

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significant.” However, “the law will come down on it the way it comes down on it, and that’s it,” he said. According to Clark, the case comes down to two things: first, whether the appointment of Pappas in 2009 was an “appropriate action;” and second, if it wasn’t appropriate, whether concerns raised by Pappas’s defense about removing him 2 1/2 years later– and the potential consequences – are sufficient reasons to keep him on the authority. The acrimony between council and Pappas began with a dispute over debt refinancing. Both bodies agree that authority debt could be refinanced at a lower interest rate, but they disagree on how to use the savings from the refinancing. Council wants to use the savings to pay down the debt, while the authority wants to use it on infrastructure projects.

Council voted to replace Pappas with resident John Patten in September, but Pappas refused to step down, and the authority refused to recognize Patten’s appointment. Council then filed a lawsuit against Pappas in Dauphin County Court. During the trial on Monday, Pappas’ attorney, Dean Piermattei, and several witnesses spelled out the possible consequences of a ruling by Clark to unseat Pappas – including, they said, was the possible sale of the borough’s water and sewer systems. Council appointed Robert Louer Jr., son of Councilor Robert Louer, to an open seat on the authority in September. It can at any time appoint someone to replace authority member Sandra Nagle, whose term expired at the beginning of 2013 – and the senior Louer Please See PAPPAS, Page A6

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NEWS

Downed pole knocks out power

Photos by Bill Darrah

For a Middletown hockey player, a thrill of a lifetime Press And Journal Staff

Another community meeting on issues in Middletown will be held at 7 p.m. Monday, Jan. 28 at the Event Place on South Union Street, organizers said. Among the topics that will be discussed is a slate of candidates for open Borough Council seats in the upcoming primary election in May.

A power outage in Lower Swatara Twp. on Wednesday, Jan. 9 affected 328 customers, including Middletown Area High School, Middletown Area Middle School and Reid Elementary School. The power outage began around 10 a.m. as a result of an electric pole that was inadvertently knocked down during construction on a project to provide electric service for a new Highspire service plaza on the Pennsylvania Turnpike, according to Jim Nulton, PPL Corporation’s regional community relations director for the Harrisburg area. Power was out for less than an hour at the elementary and middle schools, said David Franklin, assistant to the superintendent for finance and operations. The high school was working on plans for an early dismissal before power was restored at 12:30 p.m., allowing the school to remain in session for the entire day, Franklin said. Power was restored to all customers by 1 p.m., Nulton said.

Press And Journal Staff

Above, crews prepare the rink at Hersheypark Stadium for a rare series of outdoor hockey games. Left, Middletown’s Matt Eppley, a defenseman, has been chosen to play in one of two high school all-star matches.

By Greg Pickel

Community meeting set

By Noelle Barrett

DREAMS

Royalton mayor won’t run again

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here’s plenty of unknown on the very near horizon for Middletown ice hockey defenseman Matt Eppley. But he’s OK with that. Soft ice, unknown teammates, inconsistent conditions, they’ll all present themselves to Eppley when he takes to the ice Wednesday, Jan. 23 in the CPIHL All-Star Classic. But the honor of representing his hometown in the first CPIHL All-Star outdoor game at Hersheypark Stadium – to be played in conjunction with a once-in-a-lifetime outdoor game between the American Hockey League Hershey Bears and Wilkes-Barre/ Scranton Penguins – supersedes all other concerns. “I feel it’s a big honor, and once-in-a-lifetime opportunity to play outside,” Eppley said. “I didn’t know I was going to be selected, but I’m very honored that I was selected. I think the biggest thing will be the ice, because if it’s a hot day it might be soft. But I’m not worried about that. I’m just excited to play.”

Authority member testifies at hearing

Rape charges brought by family members he shot will not be expunged, court rules.

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Sandra Nagle

Judge denies Wholaver request

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Royalton Mayor Bob Stone will not run for re-election in 2013, saying he no longer has the time to commit to the position. Stone, who was elected to replace longtime mayor Judy Oxenford in 2009, was criticized by some residents for poor handling of the flooding caused by Tropical Storm Lee in September 2011. The Royalton Emergency Management Agency has since been created to better handle emergencies in the future. No residents have publicly announced their candidacy to replace Stone as mayor.

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Eppley is the lone Middletown player selected from the Blue Raiders CPIHL Tier III club that combines with Central Dauphin East, but he isn’t the only member of the club skating in the Outdoor Classic. Fellow defenseman Richie Koontz, center Justin Temple and right-winger Zack Strachan will also join the 5-foot-10, 190-pound Eppley on the ice. “I know a bunch of the kids from other areas, as well as my teammates, of course, so I’m not worried about not knowing anyone going in,” Eppley said. The left defenseman has been a key clog in Middletown’s defense, and has helped the Blue Raiders surge to second place in Tier III at 5-3-1 behind first place Cedar Cliff/Carlisle, who sits at 7-1-1. Eppley has added a goal and two assists from the point so far this season. “Our team basically just threw a bunch of guys together so we had a team to play for,” Eppley said. “I like playing left defense because I’m left-handed, and that’s the position I’ve played since I was little.” Please See HOCKEY, Page A6

A Dauphin County judge has denied convicted triple murderer Ernest Wholaver’s request to expunge rape charges from his record that were used as a motive for the shooting deaths of his wife and two daughters on Christmas Eve 2002. Judge John F. Cherry handed down his decision on Wednesday, Jan. 9, stating the denial is based on “the nature of the charges” A ‘Nightmare and “the manner in Next Door?’ which [Wholaver] was acquitted of A TV crew will be in such charges.” Middletown to film Wholaver submitinterviews for a show ted a petition in about convicted December to have murderer Ernest Whocharges that he laver’s shooting of his raped his daughwife and two daughters erased. He was ters on Christmas Eve acquitted of the 2002. charges during his The killings will be murder trial in 2004 detailed in a segment – because he had of the show “Nightprevented the almare Next Door’’ leged victims from on the Investigation testifying by murDiscovery channel. dering them, prosSee more on ecutors charged. page A 6 In the petition, Wholaver, who is being held in a state prison in western Pennsylvania, said the rape charges “are hanging ominously while dening (sic) the petitioner all reasonable opportunity to dfend (sic) his innocence of other charges.” But Fran Chardo, a First Assistant District Attorney who prosecuted Wholaver, argued in his own petition to the court that the rape charges have been argued as motive for the murders, and while he was acquitted, “he achieved the acquitPlease See WHOLAVER, Page A6

Hruz waives charges to court

MIDDLETOWN

Hovan resigns as police chief By Daniel Walmer

Press And Journal Staff

Mark Hovan has resigned as chief of the Middletown Police Department, although he will remain in charge until Middletown Borough Council replaces him, Mayor Robert Reid has confirmed. Hovan issued his resignation to Reid on Thursday, Jan. 10, asking to resign immediately. Reid had placed Sgt Rick Hiester, the force’s senior officer, in charge, but learned on Friday, Jan 11 that Hovan was required by his contract to remain in charge until council accepted his resignation. Reid said he was not aware Hovan was going to resign until he was handed the resignation Thursday morning. 
“It was a surprise to me, but I knew he wasn’t happy about the things that were going on,” Reid said. “There were some things that he was concerned about.” 
He would not comment on the reason for Hovan’s resignation. 
HoPlease See HOVAN, Page A6

willing to waive the matter to Dauphin County Court as a result of Clark’s ruling. Press And Journal Staff The District Attorney’s office is currently workThe principal of Middletown Area High School ing on an appeal to Superior Court of Clark’s waived DUI charges to Dauphin County Court on ruling to the exclusion of evidence, said Fran Friday, Jan. 11, and intends to defend himself by Chardo, First Assistant District Attorney. “In 2009, the Superior Court of Pennsylvania using a recent county judge’s ruling that rejects said evidence was sufficient . . . even the accuracy of some breath tests for when close to 0.16 (percent),” said impairment, his attorney said. Chardo. “We feel we have a strong Patrick Hruz waived the charges durcase.” ing a hearing in Lower Paxton Twp. Chardo said because the prosecution before District Judge Joseph Lindsey. hasn’t filed a criminal information - the Hruz was charged with DUI impairformal charges - the District Attorney’s ment, DUI-high rate and disregarding office can change the charge back to traffic lanes after police stopped him at DUI-highest rate if Clark’s ruling is Nyes Road and North Highlands Drive reversed. around 12:08 a.m. Nov. 11, according “Right now we’re constrained, but Hruz to court records. we’re pursuing our options,” said A breath test showed that Hruz had a Chardo. blood-alcohol level about three times the legal The charges against Hruz were filed with limit, police said. Lindsey’s office on Nov. 13. Hruz reported the The charge against him was changed by the Dau- incident to the Middletown Area School District phin County District Attorney’s office from DUI- on the same day, according to Superintendent highest rate to DUI-high rate in light of a recent Lori Suski. ruling by Judge Lawrence Clark in another DUI Hruz used a vacation day on Monday, Nov. 14, case. In that case, Clark ruled that breathalyzer and was placed on leave without pay from Nov. tests are inaccurate for blood-alcohol readings 13 to Nov. 30, a total of 10 work days. Hruz higher than 0.15 percent. returned to work on Dec. 3, Suski said. During a hearing before Lindsey, Terrence Noelle Barrett: 717-944-4628, or noelleMcGowan, Hruz’s attorney, said the defense was barrett@pressandjournal.com

By Noelle Barrett

Press And Journal File Photo

Mark Hovan

Resigns as chief on Thursday, Jan. 10.

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