IMAGES: 

Willie Weber, Former Lycoming County Chief Detective &

Little League World Series Team Host (Uncle) (top left),

Dr. Brandon Pardoe, former WAHS head principal (top right)

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

Disgraced former Lycoming County Detective Willie Weber through his attorneys, Donald L. Carmelite, Esquire and Yael L.N. Dadoun, Esquire filed a Brief in Support of Motion to Dismiss on January 3, 2023 with the United States District Court for the Middle District of Pennsylvania.

EDITOR’S NOTE: The home address of named Defendant Roger Freed has been REDACTED by AUTHOR.

On page 5 of the filing, the attorneys for Weber assert the following under “I. STATEMENT OF THE CASE”:

“Weber, Pardoe, and Freed met with Plaintiff and his family on May 30, 2018, in Pardoe’s office. Plaintiff described the Incident, identified the individuals involved, and confirmed the video was already in possession of the County as the Video. Pardoe and Weber told Plaintiff and his mother they would keep them informed after speaking to the individuals involved in the Incident. (Id. ¶52).

Weber never met with the person Plaintiff identified as video recording the Incident. (Id. ¶53);

In contemporaneous notes from a meeting, Weber recorded B.M.’s admission. (Id. ¶54).”

On background, the Office of Pennsylvania Attorney General Josh Shapiro thoroughly investigated the cover-up engaged in by Weber, Pardoe and others regarding the criminal sexual assault of a black WAHS baseball player by one of his white teammates referred to in Federal Court filings as “B.M.”.

The “Incident” occurred during the 2018 WAHS baseball team trip in Myrtle Beach, South Carolina.

“B.M.” as noted in the Federal Court filing was criminally charged by South Carolina authorities in 2021. Due to the fact the case involved juveniles the court records are sealed.

TalkWilliamsport.com has reviewed the charging document issued by South Carolina authorities.

As the Myrtle Beach Police Department Detective Narrative report so tediously outlines in granular detail; the charges were brought during the investigation being conducted by the Office of Pennsylvania Attorney General Josh Shapiro.

The criminal charges were brought in spite of the best efforts to obstruct and mislead the Myrtle Beach Police Department by Weber, Pardoe and local criminal defense attorney George Lepley.

According to multiple sources familiar with the case; Weber never interviewed B.M. before or after filing his “report” with the Office of Lycoming County District Attorney Ken Osokow.

The Weber “report” was filed from memory and very few notes from the case which Weber readily admitted to WAHS Head principal Brandon Pardoe when Pardoe was told by Weber “he (Weber) had no jurisdiction in the case.”

Neither Weber or Pardoe ever called the Myrtle Beach Police Department regarding the case.

The Affidavit of Probable Cause Search Warrant obtained by investigators from the OAG Josh Shapiro;

is void of any reference to an interview conducted by Weber with “B.M.”

The Affidavit of Probable Cause Search Warrant does include the following: “In notes that Defendant Weber took contemporaneous to this meeting — not discovered until they were obtained via a search warrant issued by the Pennsylvania Office of the Attorney General — he wrote that B.M. admitted to the sexual assault.”

When was it that Detective “Weber recorded B.M.’s admission”?

From the complaint filed by John Doe #1, #62 Lepley wrote to Pardoe and McCann that

“a substantial number of players engaged in the exact same conduct”

he then described as “inappropriate.” Lepley also identified B.M. in the video of the assault. However, Lepley then threatened WASD with civil action and deposing “any and all witnesses” if his client, B.M. was criminally prosecuted for what occurred on the Myrtle Beach trip.

Lepley concluded: “Our goal is to make sure that one person is not singled out for conduct committed by a substantial number of team members.”

If the Williamsport Area School District and specifically WAHS head principal Dr. Brandon Pardoe was made aware through the “Lepley Letter” threatening legal action against the WASD; of “a substantial number of players engaged in the exact same conduct”, why was each and every 2018 WAHS baseball player not interviewed?

Talkwilliamsport.com obtained the following phone call between Brandon Pardoe in his own words speaking with Detective Aiesi of the Myrtle Beach Police Department on September 28, 2018 with a Freedom of Information Act Request.

Here is the call in its entirety:

At the 6:22 mark Pardoe states:

“I know its in your jurisdiction.”

Pardoe failed to disclose to Detective Aiesi, “B.M.” was never interviewed by Detective Weber.

Pardoe fails to disclose to Detective Aiesi or any member of the Myrtle Beach Police he had already run an investigation of his own.

Pardoe also failed to disclose he had been in the living room of “VIDEOGRAPHER #1” to apologize for that player having to sit out 2 games due to his actions.

The same punishment assessed to the PERPETRATOR who was criminally charged by the Myrtle Beach Police for his actions during the 2018 WAHS baseball team trip.

Pardoe never asks the MBPD; “are you aware of the video of the incident.”

How would we provide that (nearly 5 months after receiving it) to you?

Dr. Pardoe was unanimously approved by the Williamsport Area School Board to his current position of Director Of Student Services and remains employed by the WASD.

Former Lycoming County Chief Detective Willie Weber was hired as a part-time school police officer by the Montgomery Area School District at the July 19, 2022 MASD school board meeting.

Daphne L. Bowers, is the Montgomery Area School District Superintendent, her husband Dr. Timothy Bowers is the Williamsport Area School District Superintendent.

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Upon receiving the unredacted Office of Attorney General Search Warrants last year, Lycoming County District Attorney Ryan Gardner announced the “retirement” of Willie Weber from his office.

From the Federal Court Complaint filing:

• In a report that Defendant Weber would author almost five months later in October 2018—the first and only time he drafted an investigative report related to the assault of Plaintiff—Weber recalls informing CYS in mid-May 2018 that he would look into the matter due to his “familiarity” with the WAHS baseball program since his son was previously a member of the Millionaires and Weber himself attended the Myrtle Beach tournament for three years.
• Defendant Weber also wrote that he informed Defendant Pardoe that Weber had no jurisdiction over what happened in Myrtle Beach, “but would assist and make referrals if need be.” Weber also told Pardoe that he was “aware of the trip and what usually goes on during the annual trip.”
• Both Defendant Pardoe and Defendant Weber are also mandated reporters pursuant to 63 Pa.C.S. § 6311, et seq. Neither ever made a report to Child Line concerning what they learned from CYS.
• Upon information and belief, it was also at this time in May 2018 that Defendant Weber gained possession of at least one of the videos depicting the assaults. However, Weber did not take any further action despite also being a mandated reporter and law enforcement official. Weber did not so much as even communicate the allegations of criminal sexual conduct to a single prosecutor in the LC DA’s Office at or around the time he received the report.
• Moreover, Weber did not forward the video in his possession to the Myrtle Beach Police Department (“MBPD”) nor contact them about the allegations, despite the MBPD being the proper law enforcement entity to have jurisdiction over the criminal behavior of B.M. in South Carolina.

This is a developing story on TalkWilliamsport.com.

Photo: Lycoming County Commissioners (L-R) Rick Mirabito, Scott Metzger, Tony Mussare and

Lycoming County Controller Krista Rogers.

Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

Friday morning, Lycoming County Controller, Krista B. Rogers issued a press release urging the Lycoming County Commissioners to “drop this frivolous appeal and get out of the way so I can do my job, for you.”

Lycoming County Commissioners recently decided 2-1 to pursue an appeal of their latest defeat in this ongoing power struggle for the fiscal watchdog responsibility in Lycoming County.

In a recent public meeting, the Lycoming County Commissioners claimed the entire battle was kicked off due to Rogers “threat” to pull her signature from checks thus shutting down County government.

As Judge Leete eloquently explained in his OPINION and ORDER, the “threat” had to be followed though upon for actual damages to have occurred.

Even if Rogers had followed through on the “threat” of pulling her signature, according to recently filed court documents on behalf of Lycoming County she may have an “immunity” claim anyway.

From the Motion to Dismiss in the John Doe #1 Federal Lawsuit verses multiple Defendants, “AND NOW comes the Defendant, Lycoming County (“the County”) by and through its counsel, Lavery Law, Frank J. Lavery, Jr., Esquire and Andrew W. Norfleet, Esquire. “…the County has immunity from Plaintiff’s state law claims under the Pennsylvania Tort Claims Act.”

“81. Viewing the factual allegations in a light most favorable to Plaintiff, he failed to plausibly plead a claim for “civil conspiracy” against the County because, if Defendant Weber was an employee of the County, the County cannot be liable for an alleged unlawful act under §1983 secondary under a theory of respondeat superior.”

According to legal-dictionary.thefreedictionary.com, the definition of respondeat superior is as follows:

“It provides a better chance for an injured party to actually recover damages, because under respondeat superior the employer is liable for the injuries caused by an employee who is working within the scope of his employment relationship. The legal relationship between an employer and an employee is called agency. The employer is called the principal when engaging someone to act for him. The person who does the work for the employer is called the agent. The theory behind respondeat superior is that the principal controls the agent’s behavior and must then assume some responsibility for the agent’s actions.”

As a duly elected official Rogers draws a paycheck from Lycoming County.

However, is she an “employee” as the Lycoming County Commissioners continue to treat her?

If in fact, they treat her as an “employee” would she then not be entitled to the same “immunity” as former Lycoming County Detective Willie Weber?

Furthermore, as the Lycoming County Commissioners have made abundantly clear in their pounding on tables in public meetings claiming “she (Rogers) knows who holds the power, it’s in the County Code”; followed with “we are ultimately responsible.”

So, if the Lycoming County Commissioners continue to file appeals in the Rogers case; does that open them up further for additional damages in the John Doe #1 Federal lawsuit verses multiple Defendants including former Lycoming County Detective Willie Weber?

Or, do the Lycoming County Commissioners who claim they are “ultimately responsible”; only believe immunity is selective for folks like Weber and not Rogers?

On background, Lycoming County Commissioner Scott Metzger served as a Little League World Series team host (Uncle) this past August, along with former Lycoming County Detective Willie Weber.

Weber retired the same day the Office of Attorney General Search Warrant Affidavits were unsealed in the 2018 WAHS/Myrtle Beach criminal sexual misconduct case which is the genesis of the John Doe #1 Federal lawsuit verses multiple Defendants including Weber.

The entire Rogers Press Release is provided below.

Controller’s Office
48 WEST THIRD STREET
WILLIAMSPORT, PA 17701
TELEPHONE: (570) 327-2295
FAX: (570) 327-2446
Krista B. Rogers
Controller
Nicki S. Gottschall
Deputy Controller
Rudolph Clarke, LLC
Solicitor

PRESS RELEASE

Williamsport, PA— 12/16/2022 — “The County Commissioners are wasting taxpayer dollars.”

“Why don’t the Commissioners let you do your job?”

“What are the Commissioners afraid of?”

That is what I have heard from you, the taxpayers of Lycoming County, during the last few years of this litigation with the Commissioners. I would smile, nod, and say, “I agree,” or “That is something you will really have to ask them,” and “All I know for sure is they are simply not following the law.”

Now, after the Commissioners have lost in Court for a third time, we all know that the Commissioners were not following the law.

As the Senior Judge stated “they usurped the Controller’s staff and functions.”

However, I see that the Commissioners have still not learned their lesson. Worse yet, they have emotionally lashed out in the media and during the County meeting like petulant children, misrepresenting the litigation, the state of the County fiscal records and of course, attacking me personally.

Now the Commissioners have vowed to waste more taxpayers’ money so they can lose again, this time in the Appeals Court. I wish I could say I was surprised. However, the record must be set straight and it is way past time for this silliness to end.

Let me state these four (4) facts clearly:

1. The Commissioners have lost three times, and will lose yet again in their frivolous Appeal. As pointed out by the Senior Judge, they are ignoring what is clear in the law. The County Controller is the duly elected fiscal watchdog, period, end of story. They have wasted tens of thousands of dollars ignoring the law, and their bruised egos are now prepared to waste thousands more taxpayer dollars.

2. After years of the Commissioners’ illegitimately seized control, the County fiscal records are sadly in shambles. Staff is leaving left and right, and the Commissioners have fallen behind years in their legal reporting responsibilities, putting County finances at grave risk. Once my staff and functions are inevitably returned to my Office, as the Senior Judge ordered, it is going to take my office many months and thousands and thousands more of your hard earned dollars to right this ship. It must happen now.

3. The Commissioners must drop this frivolous appeal now, stop wasting taxpayers’ money and putting the County finances in further jeopardy. As the Senior Judge emphatically stated in his Opinion and Order, “the Commissioners lack the
legal authority to usurp the functions and staff of the Controller; we now also know that they lack the ability to perform those functions correctly.” My office and I must fix the County fiscal records right now.

4. Finally, I can take the personal attacks from the Commissioners; I am used to it by now. However, in the December 8th County meeting, the Commissioners histrionic attacks on the Senior Judge, the law, and me were patently false and they know it.

The Commissioners knew all too well that I was not present at the County meeting because I was mourning my daughter, whose 30th birthday would have been that day, had she not tragically passed away less than one month before. For the Commissioners to personally bash my family and me on that day is reprehensible. However, what they do not realize is this: their emotional response to the Senior Judge’s well-reasoned and straightforward Order makes it clear that they know they are wrong. I have known it all along and I hope you, the taxpayers of Lycoming County know it now as well.

Thank you for the support, the words of encouragement and the privilege to serve as the County’s fiscal watchdog all these years. I will continue to do what I swore to do, follow the law and safeguard your hard-earned taxpayer dollars.

Please join me in urging the County Commissioners to do the same, to drop this frivolous appeal and get out of the way so I can do my job, for you.

##########

Krista Rogers, Controller, 570-327-2300 or krogers@lyco.or

This is a developing story on TalkWilliamsport.com.

Previous Reporting:

https://talkwilliamsport.com/lycoming-county-commissioners-in-split-decision-set-to-appeal-court-loss-in-case-brought-by-krista-rogers-lycoming-county-controller/

https://talkwilliamsport.com/exclusive-lc-controller-krista-rogers-issues-statement-after-court-victory-over-commissioners/

https://talkwilliamsport.com/lcc-respond-to-recent-court-loss-with-defiant-statement/

https://talkwilliamsport.com/exclusive-lycoming-county-controller-files-case-to-compel-commissioners-to-comply-with-pa-law/

https://talkwilliamsport.com/lycoming-county-commissioners-respond-to-lycoming-county-controller-claims/

https://talkwilliamsport.com/lycoming-county-commissioners-double-down-against-controller-after-catastrophic-court-case-loss/

https://talkwilliamsport.com/the-stakes-in-legal-case-between-the-commissioners-and-lycoming-county-controller-just-went-up/

https://talkwilliamsport.com/was-the-injunction-filed-by-the-lycoming-county-commissioners-against-the-lycoming-county-controller-even-necessary/

https://talkwilliamsport.com/commissioners-issue-press-release-in-response-to-talkwilliamsport-com-reporting/

https://talkwilliamsport.com/caught-in-the-middle/

Photo: Lycoming County Commissioners (L-R) Rick Mirabito, Scott Metzger, Tony Mussare

and Lycoming County Controller Krista Rogers.

Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

On Thursday, the Lycoming County Commissioners issued a press release stating their reasoning behind an appeal of the most recent court battle loss to duly elected Lycoming County Controller Krista Rogers.

The press release in its entirety is provided below.

“The Court recently issued a decision in the litigation instituted against the Commissioners by the controller. There have been a number of comments circulating in the press and in social media regarding the decision, many of which suggest the need for our explanation to clarify where we stand.

            Initially, for decades the functions of general ledger, payroll, and accounts payable were housed within the County’s finance department, not in the controller’s office. This structure was productive, and continued under both the former controllers and for fifteen plus years with the current controller.  During this entire period, the current controller was able to exercise the functions of that office and no litigation was filed by her or otherwise occurred. 

            Several years ago the controller demanded that these functions be transferred to her office. Through her attorney at that time, litigation was threatened against the County.  Although things were running smoothly as they were then set up, the Commissioners acquiesced to the controller’s demand rather than to allow the controller’s litigation threat to unfold. 

            However, it became apparent that these transferred functions were not being effectively performed under the controller’s supervision; even more critically, the controller limited the County’s access to records for review and oversight purposes, thereby impeding the Commissioners ability to fulfill their statutory mandate to “manage and administer” the fiscal affairs of the County.  Furthermore, the controller threatened to withhold her signature on County payroll checks, which would have had a disastrous impact for the County.

            As a result of the threat, the County sought an injunction to prevent a catastrophe from occurring.  The Commissioners also returned to the County the transferred functions, where they had been performed for many, many years.  The lawsuit ended and the Commissioners believed the matter to be closed.

            However, in December of 2021, the controller filed her own new lawsuit to force the Commissioners to transfer the functions to her office. It was the controller who sued the County, not the other way around. The County felt compelled to defend this litigation because of the Commissioners’ overarching responsibility to the taxpayers to maintain oversight and control of fiscal affairs as against the controller’s prior efforts to withhold critical information.  This litigation resulted in the recent decision.  The result, which is favorable to the controller, fails to properly account in the Commissioners’ opinion for their obligation, as expressly spelled out in the County Code, to be the responsible managers and administrators of the fiscal affairs of the County. The court’s decision does not resolve the issue of whether the controller can withhold, as she has threatened to do, the County’s full access to the records it needs for the effective management and administration of the fiscal affairs of the County, so that it can protect the County’s employees and taxpayers.

            The background noise suggests that the Commissioners are trying to wrest power from the controller.   They are not.  They are simply trying to perform the jobs they were elected to do and are directed by law to do.   There is also some suggestion that the Commissioners’ actions occurred because the present controller is female.  That also is not the case.  Indeed, the prior controller under which the present arrangement operated exclusively for decades was a male.  The Commissioners’ only desire to make sure that they are properly managing the fiscal affairs of the County, which is their duty by statute and their obligation to the taxpayers. Their actions are only intended to further that mission.  For these reasons, the Commissioners will be pursuing an appeal of the decision.”

It is important to note, Brandy Clemens who became the Director of Budget & Finance subsequently resigned the weekend after she testified in this case.

Clemens, was joined in leaving the Office of Budget & Finance by Administrative Specialist Heather Lehman, who is now an Accountant in the Planning Department.

Matthew Tierney is no longer employed by Lycoming County.

Financial Technician Cynthia Gira also resigned to accept other employment. So, none of the transferred employees remain employed in the Budget & Finance Department or Office of the Controller.

This is a developing story on TalkWilliamsport.com.

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

Tuesday afternoon, Attorney Gregory Stapp of Stapp Law made good on the promise he offered in a press release regarding litigation against Lycoming County Commissioners Scott Metzger, Tony Mussare and Richard Mirabito for failing to investigate the clear evidence of election fraud in the November 2020 election that they have been presented.

The COMPLAINT IN MANDAMUS (CV 22-01219) is listed below and was filed on behalf of Lycoming County residents Richard Houser, and Catherine Burns.

A potential conflict of interest is of note in the complaint, “Plaintiffs note that the Solicitor, or attorney, for the Lycoming County Commissioners is J. Michael Wiley, Esquire. According to the McCormick Law Firm website, it notes that Attorney Wiley is a partner in this firm along with State Senator Gene Yaw.  McCormick Law Firm’s website states the following in reference to their member Gene Yaw, “Elected to the Pennsylvania State Senate in 2008, Senator Yaw serves as Chairman of the Environmental Resources and Energy Committee.” Plaintiffs believe that it is a clear conflict of interest for McCormick Law Firm to represent the Lycoming County Commissioners who are the members of the Board of Elections that is charged under the law with overseeing elections in Lycoming County where State Senator Gene Yaw ran for office in 2020.”

The Complaint goes onto say, “Presently, the Lycoming County Commissioners and the Board of Elections are receiving legal advice about decisions such as whether to perform a forensic audit or to remove a referendum question from the ballot from a law firm that has a lawyer in it that ran for office in November 2020 and that they declared the winner of both the primary and the general election in Lycoming County. This represents a clear conflict of interest in the event there may be questions or concerns about the election of Gene Yaw, member of McCormick Law Firm, where those questions or concerns would be resolved with the advice of a lawyer working at Attorney Yaw’s firm. Throughout the presentation of evidence to the Commissioners and the now confirmation of voter fraud in the November 2020 election Plaintiffs believe, and therefore aver, that they have been provided legal advice by a member or members of the McCormick Law Firm.”

The Plaintiffs filed the case, “In order for each and every citizen of Lycoming County to feel that their vote will be counted moving forward, any investigation into the November 2020 election needs to be performed by an independent third-party group with expertise in forensic audits.”

They are seeking the following relief from the Court:

1. Order Lycoming County and the Board of Elections to maintain any and all materials from the November 2020 election, including but not limited to, the cast ballots, the envelopes, the jump drives and/or any other electronic device that recorded or counted votes;
2. Order Lycoming County and the Board of Elections to perform a forensic audit of the November 2020 election by an independent third party group;
3. Order Lycoming County and the Board of Elections to immediately report all the suspicious activity that has been reported to them to the district attorney’s office and report any additional suspicious circumstances that are revealed as a result of the forensic audit to the district attorney’s office;
4. And upon proof of fraud and irregularities in the November 2020 election to order Lycoming County and the Board of Elections to decertify the results of the November 2020 election for Lycoming County in accordance with the Pennsylvania Election Code.
5. And any such other relief the Court deems appropriate.

This is a developing story on TalkWilliamsport.com.

COMPLAINT IN MANDAMUS

AND NOW, comes the Plaintiffs, Richard Houser, and Catherine Burns, by and through their attorney, Gregory A. Stapp, Esquire, and complains against the Defendants as follows:

1. Richard Houser and Catherine Burns are adult individuals, citizens and qualified electors of Lycoming County, Pennsylvania.
2. Lycoming County is a municipal organization duly formed and operating under the laws of the Commonwealth of Pennsylvania.
3. Lycoming County Board of Elections consists of the presently elected Commissioners and the Director of Elections.
4. Lycoming County Commissioner Scott Metzger was a commissioner for Lycoming County at all times relevant hereto.
5. Lycoming County Commissioner Tony Mussare was a commissioner for Lycoming County at all times relevant hereto.
6. Lycoming County Commissioner Richard Mirabito was a commissioner for Lycoming County at all times relevant hereto.
7. Forrest Lehman was at all times relevant hereto the Director of Elections for Lycoming County and a member of the Board of Elections.
8. The Declaration of Independence states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
9. In the United States of America, the government derives its power from the consent of the governed through their legal vote.
10. Article XV, Section 1 of the U.S. Constitution states, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”
11. Despite the continued misrepresentation in most social media, cable television, local and national news programs, the United States of America is not a democracy. We are a representative republic who exists at “the consent of the governed.”  If any one citizen’s vote is not counted, whether because of suspicious circumstances like unavailable ballots or because of fraud, then we no longer live in a representative republic and the dream that was America is dead.
12. The Plaintiffs look to the Defendants to protect and preserve the vote of each and every citizen of Lycoming County, particularly those who are the most vulnerable.
13. 25 P.S. 2642(i), states, “The county boards of elections, within their respective counties, shall exercise, in the manner provided by this act, all powers granted to them by this act, and shall perform all the duties imposed upon them by this act, which shall include the following: To investigate election frauds, irregularities and violations of this act, and to report all suspicious circumstances to the district attorney.”
14. Over the past approximately 14 months, the Commissioners have been shown evidence of fraud, numerous irregularities, and violations of the Election Code.
15. Plaintiffs are both members of the Lycoming County Patriots, an organization formed and duly operating in the Commonwealth of Pennsylvania.
16. On or about August 21, 2021, the Lycoming County Patriots were presented with an idea of requesting that our Lycoming County Commissioners vote to perform a forensic audit similar to the one going on in Arizona.
17. The Lycoming County Patriots tasked certain individuals with researching and working with Audit the Vote PA to determine whether a forensic audit could be performed by an independent third-party group with expertise and experience in performing forensic audits.
18. A meeting was held in the fall of 2021 with members of the board of the Lycoming County Patriots and the Lycoming County Commissioners to explain how there were numerous irregularities in the November 2020 election in Lycoming County.
19. Following this initial meeting, the Lycoming County Commissioners agreed to meet with a member of Audit the Vote PA and Seth Keshel via Zoom in October of 2021 to allow Mr. Keshel to explain the anomalies that he had discovered in the voting in Lycoming County in the November 2020 election compared to previous elections.
20. Following these meetings, the Defendants participate in a meeting that was held with members of the Audit the Vote PA in November of 2021 to discuss with the Commissioners how a forensic audit could be performed here in Lycoming County.
21. Following this meeting, the Commissioners failed to vote for a forensic audit which calls into question why the Commissioners would refuse to vote for a forensic audit when they were presented with an option to perform a forensic audit that would have been funded privately avoiding any cost to the taxpayers of Lycoming County.
22. As a result of the Commissioners refusal to agree to a forensic audit by an independent third party, citizens of the Lycoming County began to canvass houses in the beginning of 2022 to provide firsthand evidence of irregularities and possible fraud in the November 2020 election.
23. The results of that canvassing showed clear anomalies and irregularities in the November 2020 election.
24. At a meeting in May 2022 with Commissioner Tony Mussare, Commissioner Mussare admitted to Plaintiffs that he believed fraud occurred in the November 2020 election in Lycoming County and that the envelopes are the key to finding the fraud as the ballots do not have the name of the voter or even a bar code to determine the identity of the person who voted.
25. The Commissioners were presented evidence in the form of testimony and affidavits from numerous citizens at a hearing on or about June 2022.
26. The Commissioners were presented with evidence that an elderly woman was admitted to a nursing home in 2020 and was labeled as “not capable”; yet according to the voting records this woman registered to vote on October 14, 2020 and voted in the November 2020 election despite the fact that she was bed ridden.
27. The Commissioners were provided evidence of an address in Hughesville that state voting information says exists and from which a vote was cast in the November 2020 election; yet, no such address exists in Hughesville, Pennsylvania.
28. At another address in Hughesville, a resident stated that 3 people were registered to vote at this address and 3 people voted; yet the state voting records show that only 2 people voted.
29. The Commissioners were presented evidence that residents at a home in Montoursville stated that no one at that home was registered to vote; yet, according to state voting information one person registered to vote from that address and cast a vote in the November 2020 election.
30. The Commissioners were also presented evidence of a household with 2 registered voters that said that they were registered and voted in the November 2020 election; yet, according to state voting information only one vote was recorded from this household.
31. Following the hearing at which the Commissioners were provided the above affidavits and evidence, they failed to investigate these clear frauds, irregularities, and violations of the law in accordance with 25 P.S. §2642.
32. On July 22, 2022, the Commissioners were notified by undersigned counsel that Representative Michael Puskaric was part of the Committee investigating the November 2020 election in Harrisburg which found that Governor Wolf gave access to the voter rolls in the Commonwealth of Pennsylvania to third party non-profit groups for the first time in the 2020 election.  As a result of this access, Representative Puskaric stated that these groups registered fake people who then voted in the November 2020 election and then removed the names after the election in March of 2021.
33. The Commissioners were given Representative Puskaric’s personal cell phone number and advised to contact him to discuss this very important issue and whether this occurred in Lycoming County.
34. Plaintiffs believe, and therefore aver, that the Commissioners did not contact Representative Puskaric to discuss whether fake registrations were made in Lycoming County on or around the time of the November 2020 election.
35. On July 27, 2022, the Commissioners were made aware of a website operated by Matt Braynard, a former Trump official, called lookaheadamerica.org. According to this website, the Lycoming County Director of Elections was contacted by this organization with the names of individuals on the voter rolls that they believed were fraudulent.  This organization posted on social media the following statement, “We have followed up with all the affected counties in Pennsylvania and submitted 1,359 questionable and potentially illegal registrations to the clerks of the 63 affected counties. We published their responses here.  Ian Camacho, LAA’s Director of Research, made the following statement:  While most responses were good and helpful, a few that were hostile and combative. Noteworthy was that the two hostile counties Lycoming and Fulton used verbatim language in their responses, indicative of a coordinated response between clerks that parroted familiar language of the legacy media (i.e., “baseless claims”).”
36. Look Ahead America provided 11 registrations that they were concerned about as potentially fraudulent to Defendant Forrest Lehman.
37. A representative of Look Ahead America and Forrest Lehman exchanged numerous emails in which Mr. Lehman seemed to admit that 6 registrations were suspicious.
38. As a result of the work of Look Ahead America, Forrest Lehman has admitted that he cancelled 6 registrations of alleged voters that listed their home address at the Montoursville Post Office, the UPS Store, and the Goodwill Store, which Plaintiffs believe confirms the statements of Representative Puskaric to undersigned counsel.
39. Since this clear evidence of fraud was provided to the Commissioners in July of 2022, the Commissioners have failed to conduct a forensic audit of the November 2020 election.
40. Throughout the year 2022, evidence of voter fraud and convictions have been reported across America in states such as Wisconsin, Georgia, Arizona, and Florida.
41. One of those convictions in Florida resulted in a Democratic official explaining the different types of ballot harvesting that she and others performed and for which they were convicted. The Commissioners were provided this information by undersigned counsel on October 27, 2022, for their review in light of the previously provided evidence of election fraud here in Lycoming County involving nursing homes and residents.
42. The Democratic official admitted the following, “For nursing homes … ballot brokers get the list of residents by cross referencing the address with the voter registration list,” she explained. “The ballot broker figures out the best way to make contact, usually thru friends and family that may or may not know they are even part of a scheme. They help the resident fill out the mail-in-ballot or just take the mail-in-ballot from the nursing home and deliver it to the ballot broker.” https://justthenews.com/politics-policy/elections/florida-opens-criminal-probe-democrat-whistleblowers-evidence-ballot
43. Following the Commissioner’s notification of fraudulent voters on the voter rolls in Lycoming County and Forrest Lehman’s admission that these 6 voters were fraudulent, the citizens of Lycoming County passed around a petition to add a referendum to the ballot in Lycoming County in November 2022 that asked the citizens of Lycoming County whether they believe machines should be used in our local elections.
44. The Commissioners voted to put this referendum on the ballot for the November 2022 election in Lycoming County.
45. Following this vote by the Commissioners to put the referendum on the ballot, they received a letter from the Pennsylvania Department of State telling the Commissioners that if they did not immediately vote to remove this referendum from the ballot that Monday that the Department of State would sue them on Tuesday of that same week.
46. As a result of this letter, a meeting was held on Monday, September 12, 2022, to vote on whether to leave the referendum question in the ballot.
47. Prior to the Monday meeting, undersigned counsel reviewed the case law provided in the letter from the Department of State and advised the Commissioners that the Assistant Secretary of State was misinterpreting the case law that was provided to them and that the cases did not stand for the propositions that the letter asserted, and that the referendum was not in violation of the law.
48. Despite this advice, the Commissioners immediately bowed to the will of the Department of State under the direction of Governor Wolf and removed the referendum question from the ballot.
49. Plaintiffs note that the Solicitor, or attorney, for the Lycoming County Commissioners is J. Michael Wiley, Esquire. According to the McCormick Law Firm website, it notes that Attorney Wiley is a partner in this firm along with State Senator Gene Yaw.  McCormick Law Firm’s website states the following in reference to their member Gene Yaw, “Elected to the Pennsylvania State Senate in 2008, Senator Yaw serves as Chairman of the Environmental Resources and Energy Committee.”
50. Plaintiffs believe that it is a clear conflict of interest for McCormick Law Firm to represent the Lycoming County Commissioners who are the members of the Board of Elections that is charged under the law with overseeing elections in Lycoming County where State Senator Gene Yaw ran for office in 2020.
51. Presently, the Lycoming County Commissioners and the Board of Elections are receiving legal advice about decisions such as whether to perform a forensic audit or to remove a referendum question from the ballot from a law firm that has a lawyer in it that ran for office in November 2020 and that they declared the winner of both the primary and the general election in Lycoming County.
52. This represents a clear conflict of interest in the event there may be questions or concerns about the election of Gene Yaw, member of McCormick Law Firm, where those questions or concerns would be resolved with the advice of a lawyer working at Attorney Yaw’s firm.
53. Throughout the presentation of evidence to the Commissioners and the now confirmation of voter fraud in the November 2020 election Plaintiffs believe, and therefore aver, that they have been provided legal advice by a member or members of the McCormick Law Firm.
54. The common law writ of mandamus lies to compel the performance of a ministerial act or mandatory duty. Chesapeake Appalachia, LLC v. Golden, 35 A.3d 1277 (Pa. Cmwlth. 2012).
55. The burden of proof falls upon the party seeking this extraordinary remedy to establish his legal right to such relief.” Werner v. Zazyczny, 545 Pa. 570, 681 A.2d 1331, 1335 (1996). To state a claim for mandamus, a petitioner must establish the following three elements: (1) a clear legal right to relief in the petitioner; (2) a corresponding duty in the respondent; and, (3) the lack of any other adequate and appropriate remedy. Wilson v. Pa. Bd. of Prob. & Parole, 942 A.2d 270, 272 (Pa. Cmwlth. 2008). “Mandamus is not available to establish legal rights but only to enforce rights that have been established.” Smires v. O’Shell, 126 A.3d 383, 387 (Pa. Cmwlth. 2015) (citations omitted).
56. The Plaintiffs have a clear right to relief as they are qualified electors in Lycoming County, Pennsylvania and cannot determine whether their votes counted in the November 2020 election.
57. The Defendants are required under Title 25 of the Election Code to investigate irregularities, fraud and to report any suspicious circumstances to the District Attorney.
58. The Plaintiffs and other citizens have for months tried to get the Defendants to agree to a forensic audit and to investigate the clear fraud, some of which Mr. Lehman has even admitted to in a public hearing by cancelling the registration of 6 alleged voters. The Plaintiffs have no other adequate and appropriate remedy.
59. At the Board of Elections hearing held on December 5, 2022, a citizen expressed concern over who would be used to perform a hand recount in Lycoming County, Pennsylvania.
60. In order for each and every citizen of Lycoming County to feel that their vote will be counted moving forward, any investigation into the November 2020 election needs to be performed by an independent third-party group with expertise in forensic audits.

WHEREFORE, the Plaintiffs demand the following relief:

1. Order Lycoming County and the Board of Elections to maintain any and all materials from the November 2020 election, including but not limited to, the cast ballots, the envelopes, the jump drives and/or any other electronic device that recorded or counted votes;
2. Order Lycoming County and the Board of Elections to perform a forensic audit of the November 2020 election by an independent third party group;
3. Order Lycoming County and the Board of Elections to immediately report all the suspicious activity that has been reported to them to the district attorney’s office and report any additional suspicious circumstances that are revealed as a result of the forensic audit to the district attorney’s office;
4. And upon proof of fraud and irregularities in the November 2020 election to order Lycoming County and the Board of Elections to decertify the results of the November 2020 election for Lycoming County in accordance with the Pennsylvania Election Code.
5. And any such other relief the Court deems appropriate.

STAPP LAW, LLC

Gregory A. Stapp, Esquire

Attorney for Plaintiffs

Atty. I.D.# 78247

153 W. 4^th Street, Suite 6

Williamsport, PA 17701

(570) 326-1077

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

Monday morning, Attorney Gregory Stapp of Stapp Law offered the following press release regarding forthcoming litigation against Lycoming County Commissioners Scott Metzger, Tony Mussare and Richard Mirabito for failing to investigate the clear evidence of election fraud in the November 2020 election that they have been presented.

Stapp Law will be filing a complaint in mandamus on behalf of Richard Houser and Catherine Burns against Lycoming County and Lycoming County Commissioners Scott Metzger, Tony Mussare and Richard Mirabito on Tuesday, December 6, 2022, for failing to investigate the clear evidence of election fraud in the November 2020 election that they have been presented.

EDITOR’S NOTE: “complaint in mandamus” – Is a complaint that is used to force a government entity to do their job essentially. Complaint in mandamus asks the court to order the government entity to do what is required by law.

The Commissioners have been provided with signed affidavits and testimony from witnesses of election fraud, including but not limited to, fraud perpetrated against elderly citizens in Lycoming County, one of which was registered to vote and voted in the November 2020 election without their knowledge.

Furthermore, Forrest Lehman, Director of Elections for Lycoming County admitted at a commissioner’s meeting that 6 individuals registered to vote in Lycoming County with their listed residence at the Montoursville Post Office, the UPS Store, and the Goodwill Store.

Mr. Lehman explained that these 6 allegedly real people were sent notification of a hearing in July of 2022 for which no one appeared.  As a result, Mr. Lehman said those 6 registrations were cancelled.  He failed to disclose to the public at that time whether those 6 registered “voters” voted in the November 2020 election.

Mr. Lehman and the Commissioners also failed to state whether they reported this fraud to the Lycoming County District Attorney as required by the law.

The Commissioners have repeatedly been asked by citizens of Lycoming County for over a year to allow a forensic audit by an independent third party and have refused to vote for a forensic audit.

My client’s complaint will demand that Lycoming County vote for a forensic audit by an independent third party immediately in order to restore the faith of the citizens of Lycoming County in our elections.

On background, as exclusively reported by TalkWilliamsport.com, former WASD School Board member Marc Schefsky had a criminal “false swearing” charge filed against him for using his former address in Williamsport to cast a ballot in the 2020 election. According to court documents, Schefsky was actually residing in Hughesville when he voted in 2020.

The exclusive reporting of TalkWilliamsport.com led directly to the filing of the criminal “false swearing” charge against Schefsky.

On Friday, Lycoming County Commissioners Scott Metzger, Tony Mussare and Richard Mirabito were handed a third loss in the legal battle with Lycoming County Controller Krista Rogers when Senior Judge Leete in a finding of facts cited the County Code in them overstepping their attempt to “usurp’ the authority of a duly elected official.

Judge Leete also Ordered the Lycoming County Commissioners to pay the legal fees incurred by Rogers as a result of the litigation.

A Public Notice is posted for a meeting of the Lycoming County Board of Elections for today.

Lycoming County Board of Elections Agenda

December 5, 2022, 10:30am

Executive Plaza 1st Floor Boardroom

330 Pine Street, Williamsport

1. Convene Board of Elections.

2. Approve minutes of the November 18, 2022 meeting.

3. Public comment on agenda items only.

4. Deliberate and possibly take action to set rules for a hand count of ballots cast in the November 2020 General Election.

5. Public comment.

The next Lycoming County Commissioners Public Meeting will be held on Thursday, December 8, 2022, at 10:00 A.M. in the Commissioner’s Board Room, 1st Floor, Executive Plaza, 330 Pine Street, Williamsport, PA 17701 based up the published December 1, 2022, Meeting Minutes.

This is a developing story on TalkWilliamsport.com.

Previous Reporting on Lycoming County Controller Krista Rogers vs. Lycoming County Commissioners litigation:

https://talkwilliamsport.com/exclusive-lc-controller-krista-rogers-issues-statement-after-court-victory-over-commissioners/

https://talkwilliamsport.com/lcc-respond-to-recent-court-loss-with-defiant-statement/

https://talkwilliamsport.com/exclusive-lycoming-county-controller-files-case-to-compel-commissioners-to-comply-with-pa-law/

https://talkwilliamsport.com/lycoming-county-commissioners-respond-to-lycoming-county-controller-claims/

https://talkwilliamsport.com/lycoming-county-commissioners-double-down-against-controller-after-catastrophic-court-case-loss/

https://talkwilliamsport.com/the-stakes-in-legal-case-between-the-commissioners-and-lycoming-county-controller-just-went-up/

https://talkwilliamsport.com/was-the-injunction-filed-by-the-lycoming-county-commissioners-against-the-lycoming-county-controller-even-necessary/

https://talkwilliamsport.com/commissioners-issue-press-release-in-response-to-talkwilliamsport-com-reporting/

https://talkwilliamsport.com/caught-in-the-middle/

Previous reporting on the WASD School Board by TalkWilliamsport.com:

Schefsky WASD School Board Resignation Letter obtained

Marc Schefsky, WASD School Board member announces intention to resign

WASD School Board major changes are forthcoming

WASD solicitor Fred Holland wants $20,000 retainer and a raise for ’21-’22

BREAKING NEWS: Resignations to be announced at the WASD School Board meeting tonight

Nancy Somers resigns from WASD school board

Residents circulate petition for immediate removal of Marc Schefsky from WASD school board

Lycoming County District Attorney office confirms receipt of Marc Schefsky non-WASD residency complaint

WASD School Board to discuss vacant board seat tonight

WASD School Board candidate petitions obtained, connections run deep