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Team 4: Complaining Bridgeville Neighbor Arrested For Harassment

POSTED: 4:05 pm EDT April 24, 2008
UPDATED: 7:12 pm EDT April 24, 2008

Marshall Pappert admits that he has been a pain to government officials from Bridgeville to Harrisburg.

But Pappert says that if those officials had to live where he lives, they'd be complaining, too.

While he expected to get a fight, or to be told off, or even ignored, Pappert says he never expected to get arrested.

Every week, he sends a handful of letters to government officials, complaining about a neighbor who lives across Union Street in Bridgeville.

The neighbor is Silhol Builders Supply, a manufacturer of ready-mix concrete. Pappert and his neighbors say the noise, dust and heavy trucks have all become unbearable to live with.

"They start at 2 a.m., sometimes 3, and it just wakes us up and it annoys us," Union Street resident Francesca Reyes said.

"The number of trucks coming by per day has increased three times, four times," Union Street resident Ron Gibson said.

"It's so you can't even have the windows open because it's all that dust comes in the windows," Bridgeville resident Josephine Kawalkin said. "You look at the windowsills; they're all full of dust."

These neighbors say they appointed Pappert, a master plumber who was disabled in an electrical accident, as their point man to complain to the borough and beyond.

"I sent videos and letters and just about everything I could to just about every government agency I could think of," Pappert said.

One of those agencies was the Allegheny County Health Department, which initially reacted to Pappert as a pest. One employee wrote in a memo that Pappert is "...constantly pestering the department for information. We want to give Mr. Pappert whatever we have so that he will let us alone."

Pappert didn't let them alone, and eventually, the department sent out inspectors. It turns out that he was a pest for good reason. Inspectors cited Silhol twice for air pollution violations.

"He feels very strongly about his rights," environmental attorney Michael Parker said. "He feels very strongly about what is happening in his neighborhood, and he's not shy about letting his public representatives know."

Pappert has sent letters to county Chief Executive Dan Onorato, District Attorney Stephen Zappala and U.S. Rep. Tim Murphy.

Pappert didn't stop with his local officials. He even sent letters to Gov. Ed Rendell in Harrisburg. But mostly, Pappert complained to borough officials in Bridgeville.

"I started pressing the issue of enforcing the ordinances that are on the books for the unmuffled noise and the toxins going into the air," Pappert said.

He complained and complained and complained.

"This gentleman, his activity just increased, increased, increased," Bridgeville Police Chief Ed Bogats said.

"By 'activity,' you mean his complaints?" Team 4 investigator Jim Parsons asked.

"His complaints," Bogats said.

The breaking point came when Pappert left three voice mail messages at the office of borough Manager Lori Collins.

"I'm asking you as a Bridgeville resident of 56 years to resign and get off of your position. Do the right thing," Pappert said in one message to Collins.

His messages accused the borough manager of going back on a promise to collect dust samples from homes and have them tested.

"You never did that. You said you were going to come over here with (Solicitor) Richard Ferris within a week. You told me that you were going to take a silicate sample, and that was it. And for four months, you left me wondering why you didn't," Pappert said.

Bogats said Pappert's messages gave him cause for concern because of "his voice tone, his voice influx, the anger that was present in his voice."

Bogats arrested Pappert on a charge of harassment, which is a criminal summary offense.

"In that voice mail that he left, did he curse?" Parsons asked.

"No," Bogats said.

"Did he threaten?" Parsons asked.

"No," Bogats said.

"What did he do that rose to the level of a crime?" Parsons asked.

"In section 2709 of the Pennsylvania crimes code, dealing with harassment, it specifically states that when a person, they harass, annoy or alarm an individual based upon the conduct, then it's harassment," Bogats said.

"It's a violation of the First Amendment," said Vic Walczak, director of the Pittsburgh office of the American Civil Liberties Union.

"Small-town politics create lots of civil liberties violations, and we see them in southwestern Pennsylvania all the time," said Walczak. "This borough may not like the way in which he's doing it, but it's constitutionally protected speech and activity, and filing criminal charges against him is just outrageous."

Last month, District Judge Eileen McGraw agreed with police and convicted Pappert of harassment. Pappert is appealing that decision to the Court of Common Pleas.

"Everybody should have a right to complain. That's why we have freedom of speech in this country. And that's what I did, and I got arrested," Pappert said.

Collins denies promising Pappert that she would have dust from his home tested at a lab.

Team 4 requested an interview with the owner of Silhol Builders Supply. The company's attorney said he advised against it because Pappert has notified Silhol that he intends to sue.


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