e CommonSense: November 2005

Monday, November 28, 2005

The View from Maine

There are two sides to every story, and this person has posted this comment; another side to the Beatty Chadwick saga. (Interesting, too, that this blog has reached Maine!)

Why didn't the Media, PA court take testimony from this witness re: the truthfulness of Mrs. Chadwick, Judge Battle we can understand cause he's 2 yards under but before Beatty joins him why don't you Judge Clouse, either take off the blindfold or put it back on and try the case===> here's just the first of Mrs. Chadwick's bad-character witnesses, read & weep for what you've done to an innocent man: Oh...we know all about what Mr.Chadwick is going through. How we know? We live next door to his ex-wife Barbara Chadwick. My husband and I have lived in the town of Thomaston for twenty-four years and Barbara Chadwick/aka Applegate had all kinds of suits against us(FALSE ALLIGATIONS) She and her new hubby thought they could come into a small town and brag about their wealth, dig for more money and rule us. Well, what they didn't know is that we are a tight knit little town and she thinks she can fool us like she is with the PA Judge. Our Lawyer saw right through her just as many in our town. The Judge on Chadwick/Applegate vs. Chadwick is so wrapped tight around Barbara's finger that it shows how weak the Judicial system can be. People think Mainers are backwards and stupid...Oh Ms.Applegate now knows she can't move our mountains. She sure plays quite a tune with Pennsylvania that must be a real stupid place to live! If they can't see through her negative ways and check on her legal history of taken people to Court...Wow! POOR Mr.Chadwick is stuck in the spiders web! We hope and pray for Mr.Chadwicks release. It is such a terrible thing to think that any sane decent human being can think that she/he can have so much power over someone to keep them squirming like a worm on a hook...it must be a personal thing with the individuals who have consumed such false power.

Friday, November 25, 2005

Give the kids a break, Mike . . .

Memo to Mike Gillin: the President Judge of the Commonwealth Court just told you that you suck. I believe his exact words were: (a) you suck; (b) you suck; and (c) you suck. Perhaps it is time to take the hint and give the kids of Chester a break.

Judge: Chester board broke law
The Commonwealth Court ruling said the panel had harmed students. Hearings begin next week.
By Dale Mezzacappa, Inquirer Staff Writer, Nov. 23, 2005

In its three years in office, the board that runs the Chester Upland school district has broken state law and done "irreparable harm" to students, a Commonwealth Court judge has ruled.

Responding to a lawsuit filed by Gov. Rendell and the state Department of Education, President Judge James Gardner Colins ordered hearings for next week to help him decide whether to put the district in receivership. That could mean it would be operated directly by the state Department of Education.

Colins found that the three-member Special Board of Control repeatedly violated the state school code by failing to balance the district's budget, hiring some unqualified teachers, maintaining inaccurate records, and not properly tracking incidents of school violence.

"In its nearly three years in office the harm to the district's students is undeniable," Colins wrote.

The ruling was a victory for the governor, who has been trying since last summer to dislodge the board and straighten out the troubled district, one of the lowest-performing in the state.

State audits have shown deepening deficits, a breakdown in accounting and inaccurate record-keeping in the 5,000-student district, which is mostly poor and African American.

Chester Upland has been operated by a state control board since 1994 when it was first declared fiscally distressed; the current board, with expanded powers, took office in January, 2003.

But Rendell is powerless to remove the board members. They were installed by his Republican predecessors for five-year terms on the eve of his inauguration, removable only for malfeasance.

In the wake of Colins' ruling, Rendell reiterated his call for the board members to resign.

"Judge Colins has concluded what I have been saying for months: The Board of Control is not doing its job, and its failures to do that job continue to irreparably, and unfairly, harm the children of Chester Upland," Rendell said in a statement. He said they should take Colins' words seriously and "resign their positions before one more child is cheated out of the education they are entitled to."

Michael F.X. Gillin, chairman of the board, said he had no intention of stepping down.

We've come this far. We think we're changing things around down there," said Gillin, Delaware County's elected Register of Wills.

Gillin also said that the board "never knowingly" violated the school code and terminated administrators who gave the board faulty information. As far as harming children, Gillin said, "I'm not in the classroom. I don't know what he means by that."

Granville Lash, another board member who has often been at odds with Gillin, said he agreed with Rendell and is trying to extract himself from the lawsuit. However, he said he would not resign as long as the other two members, Gillin and Adriene Irving, Chester City's director of public information, remain.

"I have done everything I can do to see that our children get a quality education," said Lash who said he objects to spending public money on the lawsuit. The state has to share in any blame for failure, he added.

The board has hired Jack Krill, a Harrisburg lawyer who has also represented Republican legislative leaders, to defend it against Rendell's move.

Colins issued his order late Monday. On Friday, he heard oral arguments in Harrisburg on Rendell's October motion to appoint a receiver, which would treat the district like a bankrupt company.

The oral argument was attended by a half-dozen parents and activists who filed a friend-of-the-court brief supporting the state's position. They are represented by the Education Law Center, a nonprofit that advocates for poor students.
"The judge is hearing the cry from the community," said Charlie L. Warren II, chairman of a group called Chester-Upland Community, Parents and Students on the Move. "Socially and educationally, for years this community has been deprived."

Warren is a retired carpenter who graduated from district schools and has four children and two grandchildren who have attended schools there.

Colins scheduled three days of evidentiary hearings for next Monday, Tuesday and Wednesday.

Wednesday, November 23, 2005

Perjury Trap?

(Michael) Malloy also in his petition filed Tuesday is asking that President Judge Kenneth Clouse step down from hearing the matter. A hearing on issues related to the Chadwick matter is set for Nov. 30.

Malloy refers to Clouse’s requesting a criminal investigation by the district attorney’s office concerning a letter from Delaware attorney Carl Fernandes to Chadwick in which mention was made about opening an account in the Cayman Islands.

Malloy is not contending that there was anything wrong with asking for the probe in which the district attorney’s office "determined that there was no evidence of any past, present or future criminal activity related to the correspondence or the bank checks contained therein."

Malloy is charging, however, that neither Clouse nor Momjian advised "counsel for the defendant, or more importantly the Special Master A. Leo Sereni, of their knowledge or possession of said information prior to questioning (Chadwick) or Master Sereni" at a hearing.

Malloy contends that Clouse and Momjian were aware of the account as well as the letter forwarded before a Sept. 20 hearing at which Chadwick took the stand.

"That at the time of said hearing the aforementioned correspondence from Carl Fernandes, Esquire, to the defendant and the contents thereof, were known to, and reviewed by and in possession of plaintiff’s counsel Albert Momjian, Esquire, and President Judge Kenneth Clouse," stated Malloy."That the actions of President Judge Kenneth Clouse in failing to disclose the documents material and/or relevant to the investigation of the Court-appointed master, failing to advise the defendant or the defendant’s counsel of the requested criminal investigation into the defendant’s activities, permitting the questioning of defendant and the master as it related to said documents infringing upon defendant’s constitutional rights, gives the appearance of impropriety and suggests a lack of neutrality in the proceedings as to warrant a recusal of (Clouse) from presiding over these proceedings," stated Malloy.

Judge Clouse was unavailable for comment.

Malloy contends that the Fernandez letter was for "planning purposes" in the event Chadwick was released. "No such account was established, and the attorney (Fernandez) did not further pursue the matter. Indeed, if, as plaintiff argues, Defendant has monies deposited in foreign accounts, there would be no need for him to obtain advice about such an account."

Daily Times 11/23/05

The Man in the Iron Mask

Watch the Daily Times this week for a surprising development in the Beatty Chadwick saga. Judge Clouse may have some 'splaining to do.

Saturday, November 12, 2005

Election Day Wrap-Up

We know that many readers were anxiously awaiting DelcoTomPaine's take on the election results, expecting our usual insight and wisdom and maybe some good gossip too. But frankly, election results in Delco are just so ho-hum, so predictable, and so unexciting, that we can hardly stand to waste the keystrokes. Here are a few observations however:

Paula Brown lost her umpteenth race for mayor of Darby. Now maybe the place has a chance at survival. The GOP might have to increase her hours however, or even get her a full-time job, if she is going to continue keeping Darby in turmoil.

Which reminds us, just what is John McNichol going to do about Upper Darby? It's only a matter of time before a Democrat wins something significant there, and then Upper Darby will become another Lansdowne, swinging from Republican to Democrat as the wind blows. We are sure that McNichol will not subject Upper Darby to the Paula Brown/Darby Treatment (buying off a Democrat so she'll keep the Democratic Party in turmoil and ineffective), because that is a drastic remedy and the consequences are dire, and he wouldn't do that to his beloved Upper Darby. So what is he going to do?

We predict that he's going to let it go. The younger generation of the Delco Republican Party is already establishing beach heads in the western part of the County, in places like Concord Township, Middletown Township, and Birmingham Township, a la Curt Weldon, Andy Reilly, and Hughie Donaghue. DelcoTomPaine predicts that in ten years the Delco GOP will have ceded large parts of the eastern, less prosperous part of the County to the Democrats. The GOP will hang on to Radnor, Marple, Haverford, and Springfield, which have money and also will provide an important barrier between the nouveau riche enclaves of Concord and Birmingham and the teeming masses of Yeadon, Darby, Folcroft, Glenolden, and, soon, Upper Darby.

On another election note: Judge Zetusky was up for retention, and to no one's surprise he won easily. The famously bad-tempered and erratic yet intelligent judge has a far greater battle ahead of him, however. It is well known that Judge Zetusky wants to succeed Judge Clouse as President Judge, so it was not wise of him to insult and anger Andy Reilly. Having just endured what other lawyers put up with on a daily basis, Reilly might have second thoughts about allowing Zetusky to become PJ.