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HomeMy WebLinkAbout09-1583 Karen M. Balaban, Esquire 223 State Street, Suite 200 Harrisburg, PA 17101 Phone 717.232.3708 e-mail: KMBalaban(@,BalabanLLC.com IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS NOMINATION PETITION OF CUMBERLAND COUNTY JOHN G. ALBERT III (FOR THE OFFICE OF CONSTABLE) No. 2009 - /.583 Ciwy L (ELECTION LAW) PETITION TO SET ASIDE NOMINATION PETITION The Petitioner, John Levenda, by his attorney, Karen M. Balaban, of Karen M. Balaban LLC, respectfully represents that: 1. This Court has original jurisdiction pursuant to §42 Pa.C.S. § 931 and 25 P.S. § 2937. 2. This cause of action is authorized under the Election Code, 25 P.S. § 2937, which designates the initial filing as a petition. 3. Petitioner Levenda is an adult individual who resides at 1803 Walnut Street, Borough of Camp Hill, Cumberland County, Pennsylvania, 17011 (the "Petitioner"). 4. Petitioner is a qualified elector in the Borough of Camp Hill and is a registered and enrolled member of the Republican Party in the I" Precinct. 5. On or about March 10, 2009, John G. Albert III ("Candidate") filed a nomination petition for the office of Constable for the Borough of Camp Hill as a candidate for the nomination of the Republican Party in the Municipal Primary scheduled for Tuesday, May 19, 2009 ("nomination petition"). 6. The nomination petition of Candidate is attached hereto as "Exhibit A" and the references to the specific objections contained in this petition and in all attached exhibits correspond to the pages and lines set forth in the nomination petition. 7. Candidate's nomination petition consists of 1 page containing 13 signatures. This number is based upon lines that contain signatures accepted by the Cumberland County Board of Elections. The number of valid signatures of registered and enrolled members of the Republican Party required for a nomination petition for Constable in the Borough of Camp Hill is 10. (25 P.S. § 2872.1(35). 8. The election districts eligible to vote for the office of Constable for the Borough of Camp Hill are all of the election districts located within the Borough of Camp Hill, Cumberland County. 9. Candidate's nomination petition should be set aside for failure to satisfy the requirements of the Election Code, Act of June 3, 1937, P.L. 1933, as amended (25 P.S. §2601 et seq.), including but not limited to the fact that the signer is not a qualified elector in the particulars set forth in the following sub-paragraphs. A. Someone other than the elector who signed the nomination petition scratched out the initials "C" "H" and printed "Camp Hill" in the column "Place of Residence - City, Borough or Township" on Page 1, lines 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12. 2 A. B. The electors on page 1, lines 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 failed to designate the Borough of Camp Hill as their Place of Residence. 10. The aforesaid objections to Candidate's nomination petition, if proven to be true, would result in the striking of at least 11 signatures leaving a total of no more than 2 valid signatures. 11. Candidate's nomination petition must be set aside because it does not contain at least 10 valid signatures of registered and enrolled members of the RepublicanParty required for a nomination petition for Constable for the Borough of Camp Hill to have Candidate's name placed on the Republican Party ballot in the May 19, 2009 Municipal Primary. WHEREFORE, Petitioner respectfully requests the Court to enter an Order: a. to set aside the Nomination Petition of John G. Albert III as a candidate for the nomination of the Republican Party for the office of Constable for the Borough of Camp Hill, to be voted on at the May 19, 2009 Municipal Primary, for failure to satisfy the requirements of the Election Code, 25 P.S. § 2601 et seq., as aforesaid; b. removing Candidate's name from the Republican Party ballot for the May 19, 2009 Municipal Primary; C. directing Candidate to pay the costs of the proceedings, including witness fees; and d. providing for such other relief and sanctions against the Candidate as the Court may deem appropriate. Respectfully submitted, Karen M. Balaban LLC Date: March j 2009 by:IKA-.go Karen M. Balaban P.O. Box 821 Harrisburg, PA 17108-0821 Waslea 3 VERIFICATION I, John Levenda, petitioner, affirm that the statements set forth in the foregoing Petition to Set Aside Nomination Petition are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties prescribed under 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: March _Lgn_, 2009 1? N J 0 C C. r'' ?o ?a w PETIT 0-N - 10 NAMES - MUNICIPAL 1/07 WILLIAM PENN PRINTING COMPANY, PITTSB RGH, F Signatures must be procured within the legal period for securing same: and this Petition must be filed In the office of the County Board of Elections on or before the. last day prescribed by law. EACH SIGNER MAY SIGN PETITIONS FOR AS MANY CANDIDATES FOR EACH OFFICE AS HE CAN VOTE FOR, AND NO MORE COMMONWEALTH OF PENNSYLVANIA PETITION To have name of Candidate Printed upon the Official Ballot for the Primary Election We, the undersigned, all of whom are qualifie electors of C'Ua4 -- County and tT1.W ya k S and are registered and (ELECTORAL DISTRICT IN WHI THE NOMINATION OR ELEcn IS TO Bf'MA E) 1 a Party or Policy, hereby enrolled members of the Al petition the County Board of Elections of County to have the name of J 0 h n (TYPEWRITE, PRINT OR WRITE PLAINLY THE ABCrIF? NAME wiq-i IT To AP ON THE OFFICIAL BALLOT) whose Profession, Business or Occupation is /"lJ? ' Place of Residence is X94 (WITH STREET, NUMBER (WHERE POSSIBLE) AND ZIP CODE) printed upon the Official Ballot of the Aforesaidda Party in the said }District, for the Municipal Primary for the year 20 , as a candidate for the Office of '?e?`r (TITLE OF OFFICE) SIGNERS ARE CAUTIONED TO AVOID THE USE OF DITTO MARKS PLACE OF RESIDENCE DATE OF SIGNATURE OF ELECTOR PRINTED NAME OF ELECTOR House No. Street or Road Borough or Township City, SIGNING ,B 4L "P ti 'r- " .' . S 5? 17?) i 3 AJ .2 Q44- C rz-/ -7 -.a 4 s ' _ 4'A-- r 7 3 ?-? s • 411 L /1 d 6 ,hsc -7 ..... c c bJ c. I w-f Loy, T C 1 tec 10 A 2 . h 44 C-44 ., 3 4 r AFFIDAVIT OF CIRCULATOR COMMONWEALTH OF PENNSYLVAN A COUNTY OF ??]? r? ' Before me, the under'?igTnbtl au*in?a-nd'f r said Stat d County, personally appeared the undersigned, who, being duly sworn according to law, did depose and say that he or she is a qualified elector duty"registered and enrolled as a member of the political ready and of the political district referred to in this petition; that his or her residence is as set forth below; that the signers to the foregoing petition signed the same with full knowledge of the contents thereof; that their respective residences are correctly stated therein; that they all reside in the said political district; that each signed on the date set opposite his or her name; and that, to the best of deponent's knowledge and belief, the signers are qualified, registered and enrolled electors of the designated parry of the aforesaid political district. (Underlined portion not applicable to Circulator for the office of Magisterial istrictAudge.) Sworn to and subscribed before me ---I J A J /J / ,20 NOTARIAL. SEAL My PA OF (POST OFFICE) OR TOWNSHIP) CANDIDATE'S AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA l SS: COUNTY OF ? , J g , personally appeared the undersigned, who being duly sworn accord- Before me, the u dersi fined in an" r said State and County ing to law, did depose and say that his or her residence is as set forth below; that his or her election district is as set forth below; that the name Qf the office for which he or she consents to be a candidate is that he or she is eligible for said office; that he or she YAII not knowingly violate any election law, or any law regulating and limiting nomination and election expenses, and prohibiting corrupt practices in connection therewith; that he or she is aware of the provisions of SedbO n 1626 of The Pennsylvania Election Code requiring pre-election and post-electon reporting of campaign Contributions and expenditures; and that he or she is not a candidate for an office which he or she already holds, the terrb of which is not set to expire in the same year as the office subject to the affi- davit. Also that he or she is not a candidate for nomination for the M Me office of = pgfftl naM other than ws one deaiamM h this Damn. (Underlined portion not applicable to Candidates for the offices of School Director or Magisterial District Judge.) W Any candidate for local office shall file a statement of financial interests for the preceding calendar year with the governing authority of the political subdivision in which he or she is a candidate on or before the last day for filing a petition to on the be for election. A COPY OF THE STATEMENT OF FINANCIAL INTERESTS SHALL ALSO BE APPENDED TO THIS P Sworn to and subscribed before me ?;.. this day of , 20i Ol (SI E OF CMISM N. WdWJVWffARY PUBLIC (9TRfi€T AO&Mllb) (POST oFFrca7 My C S. MlDOt ETON i111tP. CUMBERLAND COUNTY, PA ' r 21)M Z ))7 (C ROUGH OR TOWNSHIP Election District of Candidate Ward District WAIVER OF EXPENSE ACCOUNT REPOR'T' AFFIDAVIT COMMONWEALTH OF PENNSY VANIA l SS: COUNTY OF Before me, the u egg n a hori??nnd for said State and County, personally appeared the undersigned, who, being duly sworn according to law, did depose and say that as a candidate, he or she does not intend to form a political oommitfee or to receive contributions or make expenditures in excess of Two Hundred Fifty Dollars ($250) during any reporting period, that, as a candidate, he or she win keep moords of oo on mutexpen- ditures as required by law; that, as a candidate, he or she WIN file reports as required by law if contributions or expendihues exceed Two Hundred Fifty Dollars ($250). (Act No. 1980-127) Sworn to and subscribed before me t is day of Fe U , 20 ( 2-447 t p a (PR1 of ca E) M co CHRISTIAN N, PUBUC ( i (POST OFFICE) rr Y (Cm, tuGH oR rawa?,,, MY COMMISSION EXPIRES.,,. DE 18, s?xP) 164 _ARE > ?r Election Ward J OjStrlGt FILING FEES Each person filing any nomination petition shall pay, for each petition at the time of fEng, a,%" fee, and no nomination petition shag be accepted or filed, unless and until such filing tee is paid by a certified check or money order or also by cash when filed wkh the county boetd. tilhertriver a pett8on is to be filed with Vo cormty board the person ftltr+p the same shag pay the fifing the in cash or by certified check or money order to the county board. AN nto *s paid on acoount of tWrlg ism stag be transmitted by the county board to the county treasurer and shall become part of the General Fund. certified chedrs or money orders in payment of fang fees shell the made payable Wthe County, and shag bs transmitled to the county Treasurer, and shag become part of the General Fund. No fling fee shall be paid for any public office for which no compensation is provided by law, nor for any pubic officer in airy borough, town or township (of the second class) nor any party officer except as provided above nor for any nomination petition for judge of election or inspector of elections. U E .? L N o .. a ol: -0.-5 ca t:? a- 8 ca ° a im al U cC? S.- z E a CIJ W -0 = IL 0 :2 F_ ?+ a LU c O ti a a) a = coc o V tl. U a O c F- a CD Itz L Q- IN THE MATTER OF THE NOMINATION PETITION OF JOHN G. ALBERT III (FOR THE OFFICE OF CONTABLE BOROUGH OF CAMP HILL) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2009 /5 8.3 `tv? ` ORDER NOW, March t3, 2009, a hearing on the above matter is scheduled for March 1% 2009 at !!_.m. in Courtroom Number, 14 floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. A copy of this Order, which provides notice of the time and place of said hearin to ether with a copy of the said petition, if such petition has not previously been served, shall be served C?7( ray on John G. Albert H? the-eandidete, or upon an adtdt member of the ' J. 5 rt? I -.v g M n 1-9 1 0 C ; rn , S IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS OF NOMINATION PETITION CUMBERLAND COUNTY, PENNSYLVANIA OF JOHN G. ALBERT, III FOR THE OFFICE OF CONSTABLE, BOROUGH OF CAMP HILL 09-1583 CIVIL TERM IN RE: CHALLENGE TO NOMINATION PETITION BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of March, 2009, the challenge to the nomination petition of John G. Albert, III, for constable in the Electoral District of the Borough of Camp Hill for the 2009 Municipal Primary, IS DISMISSED. aren M. Balaban, Esquire PO Box 821 Harrisburg, PA 17108-0821 For John Levenda /hn G. Albert, 111, Pro se 7 North 29th Street _ c Camp Hill, PA 17011 sal 1>1 Ce) cy-- Q~ y Fr?