Shamokin tow operator, who filed complaint against Gembic, cited for harrassment

SHAMOKIN - The operator of a local tow-truck service, who filed a complaint in June with the state Judicial Conduct Board against Magisterial District Judge John Gembic III, has been cited by Coal Township police for harassment for allegedly yelling obscenities at the chief operator of a towing business affiliated with Gembic.

Alfons Keefer, 45, of 713 Bear Valley Ave., Shamokin, was cited for yelling obscenities at Michael Garcia, of Shamokin, president and chief operator of Anthracite Towing LLC, during a towing operation at 12:35 p.m. Saturday, Sept. 12, in the 1000 block of East Race Street. Gembic is a shareholder in the towing corporation.

Keefer, contacted Monday afternoon, said he was not aware of being cited, but that he is familiar with the incident.

He said Garcia had his truck in the middle of the street with the lights flashing, and was intentionally blocking Keefer from proceeding. Keefer said he yelled at Garcia, then went another way. He said he was attempting to get to his girlfriend's mother's house.

Police did not offer any further details on the incident.

Police have been directed by Northumberland County court officials to file the summary citation at the office of Magisterial District Judge Craig Long in Catawissa to avoid any conflict of interest with a judge from Northumberland County being assigned the case.

Keefer's complaint with the state Judicial Conduct Board against Gembic claims the judge has used his influence on the bench to support a towing business in which he is a part owner, it was reported in a story last month.

The board acknowledged receipt of Keefer's complaint and said it will go through its standard procedures, beginning with a preliminary inquiry. The board does not provide status updates on its investigations.

Any person, group or organization can file a complaint by obtaining a form through the conduct board's office or online, and submitting it with documentation supporting the claim.

Keefer, owner of A&N Towing, Shamokin, said his volume of tow requests has dropped considerably since Gembic's Anthracite Towing began operation in August 2008. He claims police contact Gembic's business first and Anthracite, therefore, gets a majority of calls from accident scenes.

Gembic, through his attorney, Edward Kopko of Ithaca, N.Y., denied any wrongdoing, and police records in Shamokin and Coal Township - for cases where the victim of an accident does not have a preference for tow service - show a fairly equal number of calls among A&N, Anthracite and other local tow operators. In fact, in Coal Township, A&N had more calls than any other provider from March (when Anthracite was added to the township's towing list) through Aug. 27, records show.

It is not illegal for a judge to operate a business. Gembic, who owns several used-car dealerships, a service station and state inspection station, has been towing vehicles since 1987. He also helps his wife operate Springfield Banquet Hall in Coal Township, and coordinates a community service program.

Gembic, who has served as a judge since 2000, declined to speak about the investigation and the claims, referring the matter to his attorney. Kopko said in August that proceedings of the conduct board are confidential, and that Gembic is "bound by that confidentiality since he is a sitting judge."

He added at the time, "We are confident that when this inquiry is complete, Keefer's allegations will be found baseless."

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