Schwager waives hearing on patronizing prostitute charge

WILKES-BARRE — A Luzerne County attorney who resigned as president of the Pennsylvania Bar Association when he was charged with patronizing a prostitute waived his right to a preliminary hearing.

David Eric Schwager, 58, of Kingston, through his attorney, Frank W. Nocito, waived the proceeding Monday, which automatically sends the third-degree misdemeanor charge to Luzerne County Court. His next court appearance is set for July 29 for a dispositional hearing when a plea is entered and/or a trial date is scheduled.

With the waiver, Schwager’s preliminary hearing originally scheduled for June 15 has been canceled.

County detectives charged Schwager on April 27 with patronizing a prostitute who, according to court records, was identified as Emily Ann Merth.

Schwager contacted detectives on Dec. 30, 2019, saying he was the victim of an extortion scheme by Merth after allegedly paying her money for sexual services inside 237 1/2 Carey Ave. in Wilkes-Barre.

Merth was charged with promoting prostitution, theft by extortion and sexual extortion. She is scheduled to be arraigned on the charges later this week.

District Attorney Samuel Sanguedolce said Monday the delay in filing charges against Schwager and Merth was due to Merth’s involvement “with working with police.” He also noted Merth was facing criminal cases in other counties, including York County where she allegedly advertised as a prostitute and set up a customer to be robbed at a motel.

On the day Schwager was charged, he resigned his position as PBA president, a post he held since May 2020.