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June 25, 2007

Off-road-vehicle park forced to close again court briefs

An off-road-vehicle park near Hazleton must shut down again after failing to file court documents in a case.

The owner of Paragon Adventure Park has been embroiled in a legal battle with Gladstone Partners LP over the lease on the land.

Gladstone said Paragon should be evicted from the land because it breached its 25-year lease. Gladstone plans on building a $1.6 billion cargo airport on part of the land.

Paragon has denied breaching the contract.

But a district judge still evicted Paragon from the land.

Paragon’s attorney, James Scallion, appealed the eviction to Luzerne County Court of Common Pleas. Senior Judge Clinton Smith dismissed the appeal.

Around the same time, Judge Ann Lokuta granted Scallion’s request to allow Paragon to continue operating the park while it appealed the eviction ruling to the state Superior Court.

Gladstone appealed Lokuta’s ruling.

And on Monday, the state Superior Court granted Gladstone’s request to suspend that ruling because Paragon failed to file court papers in the case.

WILKES-BARRE – A Luzerne County judge recently ordered a Wilkes-Barre tattoo business to cease operations.

Marc Fairchild, doing business as Marc’s Tattooing, which has five locations, filed suit through attorney Nanda Palissery in February against Bruce Fairchild, doing business as Triple 6 Tattoos, South Washington Street, Wilkes-Barre.

Marc Fairchild claimed Bruce Fairchild worked for him and in September 2004 the two entered into a contract that contained a non-compete clause.

But in May 2006, Bruce Fairchild terminated his relationship with Marc Fairchild. Later, Bruce Fairchild organized Triple 6 Tattoos in violation of the contract, and Bruce Fairchild also solicited some of Marc Fairchild’s customers, Palissery argued.

Bruce Fairchild’s attorney, Andrew J. Lentowski, argued his client never signed the contract.

After a hearing on the matter last month, Court of Common Pleas Judge Ann Lokuta ruled in favor of Marc Fairchild.

Her order calls for Bruce Fairchild to not operate a tattoo or body-piercing business within 70 miles of Marc Fairchild’s business, unless working for Marc Fairchild. Bruce Fairchild also cannot solicit any of Marc Fairchild’s customers.

WILKES-BARRE – Matthew Snyder, 26, of Carey Avenue in Wilkes-Barre, was sentenced Monday to 15 to 30 months in state prison for sexually assaulting a woman.

Luzerne County Court of Common Pleas Judge Thomas F. Burke Jr. sentenced Snyder on charges of indecent assault, terroristic threats, and simple assault.

Wilkes-Barre police said Snyder in April 2006 assaulted the woman while the two drank beer in a South Main Street parking lot.

WILKES-BARRE – Shirley Selby, 30, of Scott Street in Wilkes-Barre, was sentenced Wednesday to two to four years in state prison on drug charges.

Luzerne County Court of Common Pleas Judge Joseph Augello sentenced Selby on a list of charges in six cases.

In one case, state police said they found heroin and crack cocaine inside Selby’s vehicle and heroin at her hair salon, Shinaya’s, in Jenkins Township in February 2006.

Selby must report to prison April 23.








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