Chief Judge Brann: The other identified violations could only stem from Weber’s and Pardoe’s actions

IMAGES: Josh Shapiro, PA Governor and former PA Attorney General (left),

Willie Weber, Former Lycoming County Chief Detective,

current MASD School Police Officer, 

current Little League World Series Team Host (Uncle) (top middle),

Williamsport Bureau of Police logo (bottom middle)

Brandon Pardoe WASD Director of Student Services, Deputy Title IX Coordinator

and former WAHS head principal (right).

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

In his 35-page MEMORANDUM OPINION issued on Thursday, Matthew W. Brann, Chief United States District Judge takes to task former WAHS head principal Brandon Pardoe, former Lycoming County Chief Detective Willie Weber as well as WASD Solicitor Fred Holland who allowed both men to participate in running investigations into the criminal sexual assault of JOHN DOE #1 during the 2018 Williamsport Area High School baseball team trip in Myrtle Beach, South Carolina.

Brann, as previously reported by TalkWiliamsport.com takes significant issue with former Pennsylvania Attorney General and current Governor Josh Shapiro and calls into question the decision made not to file criminal charges in the case.

(Editor’s Note: The numbers at the end of the sentences are footnote references from the MEMORANDUM OPINION.)

 

From Pages 7 & 8 of the MEMORANDUM OPINION:

3. The “Millionaire Mayhem” Story

After facing months of humiliation and ridicule from his peers stemming from the Myrtle Beach assault, Doe finished his freshman year and left WAHS. 37

Following Doe’s departure, in August 2018, a local journalist published an article detailing the Myrtle Beach incident under the headline: “Millionaire Baseball Mayhem in Myrtle Beach.” 38

The journalist contacted Weber, who confirmed his possession of one of the videos of the assault, which he stated would not be sent to the Myrtle Beach Police Department (“MBPD”). 39

The journalist had also contacted the MBPD and learned that MBPD personnel were never informed of the assault. 40

In response, the MBPD contacted Pardoe,

who referred it to Weber without providing any additional information. 41

 

From, Brandon Pardoe, WAHS head principal: “Can I ask who you tried to speak with?” (talkwilliamsport.com)

Audio of the call between Detective Aiesi, Myrtle Beach Police Department and then WAHS head principal Brandon Pardoe; which was obtained through a Freedom of Information Act request to the Myrtle Beach Police Department.

 

 

From Pages 7 & 8 of the MEMORANDUM OPINION:

A Williamsport police officer told the MBPD

that the Williamsport police had never taken a report of the incident. 42

 

Several school resource officers stationed at WAHS and Lycoming County Assistant District Attorney Jeffrey Yates, who was responsible for the prosecution of juvenile crimes, also learned of the incident for the first time when contacted by MBPD or through reading the Millionaire Mayhem article. 43

 

From Page 26 of the MEMORANDUM OPINION:

“Doe alleges that Defendants violated several criminal statutes: 18 Pa. C.S. §§4904 (unsworn falsification), 4910 (tampering with evidence), 4952 (intimidation of a witness), 5101 (obstructing administration of law), and 5301 (official oppression). 118

He also alleges that Defendants’ failure to report B.M.’s sexual assault violated 23 Pa. C.S. § 6311 and the Educator Discipline Act, 24 P.S. § 2070.1 et seq. 119

Based on the allegations in the Complaint,

the only potential statutory violation that Holland could have taken a part in

is the failure to report B.M.’s assault to the authorities,

in violation of 23 Pa. C.S. § 6311 and 24 P.S. § 2070.9a(a)(3.1). 120

Footnote references:

118 Compl., Doc. 1 ¶ 194.

119 Id. ¶ 199. Doe does not identify which particular section of the Educator Discipline Act Defendants violated. Section 2070.9a requires educators to report instances of sexual abuse in a manner similar to that provided in 23 Pa. C.S. § 6311.

120 See 23 Pa. C.S. § 6311(a)(14) (including “attorney[s] affiliated with an agency, institution, organization or other entity, including a school” as mandatory reporters).”

 

From Page 27 of the MEMORANDUM OPINION:

“The other identified violations could only stem from Weber’s and Pardoe’s actions. 121

 

Both § 6311 and § 2070.9a(a)(3.1) require school officials to report

sexual misconduct in certain circumstances that appear present here.”

 

Footnote references:

“121 Doe alleges that Weber’s recollection of his meeting with Doe published in Weber’s report was an intentional falsification, which would appear to violate 18 Pa. C.S. § 4904 and/or §4910. See Compl., Doc. 1 ¶ 51. Doe also alleges that Pardoe met with the student who filmed B.M. assaulting Doe and told her to refrain from speaking about the incident. See id. ¶ 56.

Assuming Pardoe’s actions constituted “intimidation”

—which is far from clear—

his contact with the student who took the video of the assault and his mother

could potentially serve as a violation of 18 Pa. C.S. § 4952.

The Complaint alleges Holland participated in the investigation of Doe’s assault, but it does not connect him to the allegations that could serve as the basis for the criminal violations Doe identifies in Count X. But it is not at all clear that any of the criminal statutes Doe cites to—aside from 23 Pa. C.S. § 6311—are intended to protect him.

They appear to protect the general public’s interest in the integrity of the judicial and prosecutorial functions, not the individual interests of victims of an underlying offense.”

From Page 33, footnote reference 139 of the MEMORANDUM OPINION:

“Although the Court has already dismissed Doe’s negligence per se claim (Count X) on different grounds, Doe’s claim presents a more complex problem in the context of the PPSTCA. The PPSTCA’s exceptions only apply to “negligent acts.” The Court infers from the word “acts” that the statute focuses on the underlying conduct rather than the legal nature of the claim.

One could bring a negligence action based on intentional conduct.

 

Indeed, some of the statutory violations underlying Count X

are criminal statutes that clearly contemplate intentional acts.

See 18 Pa. C.S. § 4904 (criminalizing certain actions when done

“with intent to mislead a public servant in performing his official function”).

 

But one could violate 23 Pa. C.S. § 6311 negligently or intentionally.

In any event, the Court need not reach this issue at this time, having dismissed Count X against all Defendants on different grounds.

Additionally, municipal employees are not entitled to immunity

if their actions constituted “crime[s], actual fraud, actual malice or willful misconduct.

18 Pa. C.S. § 8550.

Doe’s IIED Claim (Count VII) and negligence per se claims (Count X) may overcome the individual Defendants’ immunity defenses under section 8550 but, as discussed above, Doe fails to adequately allege an intentional act or willful misconduct.”

Based on the findings of the 35-page MEMORANDUM OPINION issued on Thursday by Matthew W. Brann, Chief United States District Judge; TalkWilliasmport.com contacted the most senior elected officials in Pennsylvania for their insights into a black student athlete being criminally sexually assaulted by a white teammate and the subsequent investigations conducted.

 

Kate Foley, Communications Specialist in the Office of Pennsylvania Attorney General, Michelle A. Henry offered the following Friday afternoon when contacted for this story, “We have no comment here. Kate”

A message seeking comment from current Pennsylvania Governor and former Attorney General, Josh Shapiro has not been responded to at this writing.

A message seeking comment from current Pennsylvania Lieutenant Governor Austin Davis has not been responded to at this writing.

A message seeking comment from current Speaker of the House and Majority Leader Joanna McClinton has not been responded to at this writing.

On background: Currently, Austin Davis serves as chair of the Allegheny County House Democratic Delegation and vice chair of the House Democratic Policy Committee, as well as serving on the House Appropriations Committee, House Consumer Affairs Committee, House Insurance Committee, and House Transportation Committee. Austin is also a member of the Pennsylvania Legislative Black Caucus, Climate Caucus, and PA SAFE Caucus.

In November 2022, Austin made history and was elected as the first Black Lieutenant Governor of Pennsylvania, and as the youngest Lieutenant Governor elected in the country.

From the WASD school board meeting minutes from April 5, 2022:

G. Brandon S. Pardoe, was promoted from full-time Head Principal at the Williamsport Area High School to full-time Director of Student Services (245 day) at District Service Center effective July 1, 2022, at a salary of $134,509 and benefits as provided in the ACT 93 Compensation Plan (replacing Richard Poole, transferred).

At this writing, Brandon Pardoe is employed as the Williamsport Area School District Director of Student Services and Deputy Title IX Coordinator.

The same Title IX, John Doe #1 is pursuing a federal civil rights violation case under and the Count, Matthew W. Brann, Chief United States District Judge allowed the case to proceed on against the same Williamsport Area School District which employs Dr. Brandon Pardoe.

At this writing, former Lycoming County Chief Detective Willie Weber remains employed as a part-time school police officer by the Montgomery Area School District. He was hired to the position at the July 19, 2022 MASD school board meeting.

At this writing, Fred Holland who permitted Pardoe and Weber to conduct investigations remains the WASD Solicitor.

A majority of current Williamsport Area School District School Board members voted to promote Dr. Pardoe to his current positions as well as the renewal of Fred Holland as WASD Solicitor.

The promotion of Pardoe was unanimously approved by: PRESENT: Lori A. Baer, Cody L. Derr, Patrick A. Dixon, Jennifer Lake, Barbara D. Reeves, Jamie L. Sanders, Adam C. Welteroth, Scott R. Williams. ABSENT: Michelle L. Deavor.

The entire MEMORANDUM OPINION and ORDER are accessible by clicking the underlying links.

This is an exclusive and developing story on TalkWilliamsport.com.

Chief Judge Brann: Some of the misconduct Doe alleges involves violations of the law that are not his to pursue

Photo: Former Pennsylvania Attorney General and current Governor Josh Shapiro

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

It appears from the MEMORANDUM OPINION issued on Thursday by Matthew W. Brann, Chief United States District Judge; former Pennsylvania Attorney General and current Governor Josh Shapiro has a multitude of questions to answer regarding the decision his office made not to file criminal charges in case based on the criminal sexual assault of JOHN DOE #1 during the 2018 Williamsport Area High School baseball team trip in Myrtle Beach.

From the MEMORANDUM OPINION:

IV. CONCLUSION

Despite the unsettling nature of Doe’s allegations, he fails to demonstrate a legal basis for the remedies he seeks on his constitutional and state-law claims.

Some of the misconduct Doe alleges involves violations of the law that are not his to pursue.

As to some of those violations, the appropriate authorities have exercised their discretion not to act.

As to others, the Pennsylvania General Assembly has decided

that private civil actions are not the appropriate remedy.

That said, the Court will grant Doe leave to amend his pleading in accordance with the Court’s analysis. But for the foregoing reasons, the Court grants Defendants’ motions in part.

An appropriate Order follows.

BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge

In the 35-page MEMORANDUM OPINION issued on Thursday, Judge Brann meticulously refers to each and every alleged instance of potential criminal liability by the Defendants in the case and provides a road map for most if not all of the dismissed counts to be refiled in an Amended Complaint.

Brann goes even further by chiding those “appropriate authorities have exercised their discretion not to act”; in doing so, on reason and belief it is a calling out of their combined failures and potentially a challenge to reopen the case, which in the most plausible eventuality leads to criminal charges against those who failed to act in the case.

Messages have been sent seeking comment on this story, to the Office of Pennsylvania Attorney General as well as Governor Josh Shapiro.

The entire MEMORANDUM OPINION and ORDER are accessible by clicking the underlying links.

This is an exclusive and developing story on TalkWilliamsport.com.

 

Chief Judge Brann: Doe, a black student, and B.M., one of Doe’s teammates, sexually assaulted him

Photo: Myrtle Beach Police Department image (top left)

Horry County Solicitor’s Office image (top right)

Atlantica Resort room image (bottom)

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

On Thursday, Matthew W. Brann, Chief United States District Judge, issued a scathing MEMORANDUM OPINION in the federal civil rights lawsuit brought by JOHN DOE #1 who was criminally sexually assaulted during the 2018 Williamsport Area High School baseball team trip in Myrtle Beach, South Carolina.

The case was filed in the United States District Court for the Middle District of Pennsylvania.

Chief Judge Brann offered the following in his MEMORANDUM OPINION, dated APRIL 27, 2023:

“More frequently than the Court would have it, it must address cases that “arise from unsettling facts presented by sympathetic plaintiffs”—students who suffered sexual abuse in educational settings. Unfortunately, this is one of those cases.”

Brann goes onto say, “Plaintiff John Doe sues numerous Defendants for their allegedly tortious and unconstitutional actions arising from what appears to be a hazing incident involving the Williamsport Area High School’s (“WAHS”) baseball team, the Williamsport Millionaires while in in Myrtle Beach, South Carolina.”

Specifically, Brann writes,

While attending an annual baseball tournament in Myrtle Beach, Doe’s teammates

repeatedly directed racial slurs at Doe, a black student,

and B.M., one of Doe’s teammates, sexually assaulted him.”

 

Brann made note in his MEMORANDUM OPINION of the lack of adult supervision,

“The students were left unsupervised by Defendants Dr. Brandon Pardoe,

WAHS’s principal (whose nephew then played for the Millionaires);

Sean McCann, WAHS’s athletic director;

and Ryan Miller, WAHS’s head baseball coach.”

He further states, “One of Doe’s teammates took a video of the assault. Pardoe, McCann, and Miller attempted to destroy the video, but it was too late. The video was disseminated on social media to other WAHS students. As a result, Doe suffered constant harassment and humiliation from his peers.

It did not stop there. Eventually someone reported the incident. That report made its way to Defendant William Weber, then a detective working for the Lycoming County District Attorney’s Office. Weber, whose son formerly played for the Millionaires, undertook to personally investigate the incident.

Weber and the other Defendants allegedly swept the incident under the rug, intentionally withholding information, such as the video of the assault, from the Myrtle Beach Police Department (“MBPD”). During the investigation, Defendant Fred A. Holland, the solicitor for Defendant Williamsport Area School District (“WASD”) became involved with the investigation. Eventually, Weber concluded that WAHS appropriately handled the situation and closed his investigation. The only consequent discipline was a two-game suspension of B.M. and the student who took the video.”

Chief Judge Brann took special notice of the depth of the case and alleged misconduct engaged in;

“That would not be the end of this ill-fated saga. The story of Doe’s assault then found its way to the press.

The MBPD subsequently became involved and contacted Defendants for information. Attorneys at the Lycoming County District Attorney, including the prosecutor charged with investigating and prosecuting juvenile offenses, then learned about the incident for the first time. Defendants purposefully omitted relevant information in their communications with both local and Myrtle Beach law enforcement personnel.

Weber claimed the matter was resolved as no crimes had been committed,

despite B.M.’s admission to Weber that he touched Doe with his genitalia.

 

WASD issued a public statement claiming that the matter was handled appropriately

and there were no personal conflicts,

despite both Pardoe and Weber’s connections to the Millionaires.

Eventually, the Lycoming County District Attorney referred the case to the Office of the Attorney General of Pennsylvania (“OAG”).”

Chief Judge Brann seemed perplexed by the decisions relating to criminal charges made by Office of the Attorney General of Pennsylvania (“OAG”) in his MEMORANDUM OPINION.

“OAG investigated the matter and executed search warrants

for Weber’s and Pardoe’s phones and emails,

but later closed the investigation without explanation.”

“The District Attorney explained that the investigation was closed because of its failure to properly supervise its detectives, a deficiency that it subsequently addressed by issuing new policies.”

The entire MEMORANDUM OPINION and ORDER are accessible by clicking the underlying links.

This is an exclusive and developing story on TalkWilliamsport.com.

Heidelbaugh provides clarity on PA voter law

PHOTOS: Tom Marino, Lycoming County District Attorney Candidate,

U.S. 112th Congress Photo (left),

Indian County Florida Logo (top right), Lycoming County Pennsylvania Logo (bottom right).

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

Former Pennsylvania Republican Attorney General candidate, Heather Heidelbaugh was reached for comment on the Marino voting matter.

When asked about the fact pattern of Tom Marino, Lycoming County District Attorney candidate stating he was a resident of Florida on his Florida Driver License application and subsequently registering to vote in Florida on November 7, 2022; she said, “if he (Marino) declared he was a Florida resident on November 7, 2022, he then cannot vote in Pennsylvania in any form (absentee, mail-in or in-person) on November 8, 2022.”

When asked why that is the case, Heidelbaugh added; “if you reside in Florida, you cannot vote in another state.”

Regarding the question of qualification to run for elected office in Pennsylvania; is it your understanding for a candidate to run for elective office in Pennsylvania the standard to follow is 16 P.S. § 1401 (a), including residency of one year in the county the candidate is seeking office in prior to an election?

“That is my understanding of the law.”

And based on your knowledge of the law, there is no “30-day residency prior to an election” provision or language in the law?

“That is my understanding of the law.”

 

On background, Heidelbaugh is a Partner in the law firm Leech Tishman Fuscaldo & Lampl LLC with offices in Pittsburgh, Pennsylvania as well as Sarasota, Florida and other cities across the country.

She represented the Republican State Committee of Pennsylvania in their voter fraud lawsuit against ACORN. In 2009, she testified before the United States House Committee on the Judiciary regarding her work on the ACORN lawsuit. She is a member of the executive board of the Republican National Lawyers Association.

Heather is a member of the Academy of Trial Lawyers and a Charter Senior Fellow with the Litigation Counsel of America, a national legal honorary society. Heather is a well-known public commentator on issues related to politics, law and elections. She appears frequently on local television and radio regarding public affairs in Pittsburgh and has been quoted by a number of national and local television shows and publications.

She received her B.A. in Economics and Political Science from the University of Missouri-Columbia and her J.D., from the University of Missouri-Columbia School of Law.

She is a member of the Allegheny County Bar Association (Past President, Young Lawyers Section; Past Chair, Civil Litigation Section; Past Editor, Civil Litigation Newsletter), Allegheny County Bar Foundation (Fellow), Academy of Trial Lawyers, Diversity Law Institute (Member, Board of Directors), Republican National Lawyers Association (Former Co-Chair) and Trial Law Institute.

Her professional accolades include:

Allegheny County Bar Association Pro Bono Award (First Recipient)

Allegheny Health Network Woman of Achievement (2015)

Republican National Lawyers Association Betty Murphy Award (2015)

University of Missouri School of Law, Notable Alumni

 

Litigation Counsel of America

Charter Senior Fellow

Barrister, Order of Veritas

Advocate, Order of Certus

Former Co-Chair, Board of Directors

 

Martindale-Hubbell

Martindale-Hubbell AV Preeminent Peer Review Rated Attorney

 

Best Lawyer

The Best Lawyers in America, Government Relations Practice (2020-2023)

Best Lawyers Pennsylvania, Government Relations Practice (2020-2022)

Best Lawyers Pittsburgh, Government Relations Practice (2020-2022)

 

Super Lawyers

Pennsylvania Super Lawyer, Pennsylvania Super Lawyers Magazine

(2004, 2005, 2007, 2008, 2010-2022)

Pennsylvania Super Lawyer, Business Litigation, Pennsylvania Super Lawyers Magazine Corporate Counsel Edition

(2008, 2010, 2014)

Top 50 Women Pennsylvania Super Lawyers, Pennsylvania Super Lawyers Magazine

(2015-2016)

Top 50 Pittsburgh Super Lawyers, Pennsylvania Super Lawyers Magazine

(2015-2016)

 

City and State PA

City and State PA, Law Power 100 (2022)

 

Publications

Heidelbaugh, Heather S. “Protecting the Integrity of the Polling Place: A Constitutional Defense of Poll Watcher Statutes,” Harvard Journal on Legislation, Logan S. Fisher & James D. Miller, Volume 46, Number 1, Winter 2009.

Author, “Product Liability for Off Label Use of Drugs or Medical Devices – Pennsylvania,” State by State Survey of the Law Regarding Potential Liability for off Label Use of Drugs or Medical Devices, ABA Section of Litigation, 1999.

 

PETITION TO SET ASIDE NOMINATION PETITIONS FILED

On Monday, March 6, 2023, a “PETITION TO SET ASIDE NOMINATION PETITIONS” of Thomas A. Marino, candidate for the office of District Attorney of Lycoming County, Pennsylvania was filed by OBJECTOR: TODD BARTLEY in the Court of Common Pleas of Lycoming County, Pennsylvania.

The filing in its entirety is provided below:

 

COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

IN RE: NOMINATION PETITION OF THOMAS A. MARINO AS CANDIDATE FOR THE OFFICE OF DISTRICT ATTORNEY OF LYCOMING COUNTY, PENNSYLVANIA

OBJECTOR: TODD BARTLEY

PETITION TO SET ASIDE NOMINATION PETITIONS

  1. Thomas A. Marino has filed his candidacy affidavit to have his name appear on the official ballot for the office of District Attorney of Lycoming County, Pennsylvania on February 24, 2023, which was signed by Mr. Marino on February 14, 2023.
  2. Todd Bartley is a citizen of Lycoming County and resides in Loyalsock Township, Lycoming County, Pennsylvania.
  3. Pursuant to 16 P.S. § 1401 (a), to be a proper candidate for district attorney, the candidate must be at least twenty-five years of age, a citizen of the United States, shall have been admitted to the practice of law as an attorney before the Supreme Court of the Commonwealth of Pennsylvania for at least one year prior to taking the oath of office and shall continually hold an active law license during the period when the individual is in office and shall have resided in the county for which the district attorney is elected or appointed for one year next preceding the election or appointment.
  4. On his candidacy affidavit, Mr. Marino attests his residency is 1825 Homewood Avenue, Williamsport, Lycoming County, Pennsylvania.
  5. The objector, Todd Bartley, believes and so avers that Thomas A. Marino does not meet the requirements for district attorney as set forth in 16 P.S. § 1401 (a), specifically the county residency requirement of residing in Lycoming County one year prior to the election for district attorney.
  6. Although Marino purchased a home in Lycoming County on July 20, 2022, he also purchased a home in Vero Beach, Florida on September 29, 2022.
  7. On November 7, 2022, Marino applied for a Florida drivers’ license, listing his residence to be 870 Lake Orchid Circle, Apt. 204 Vero Beach, Florida, and he surrendered his Pennsylvania drivers’ license the same day.
  8. On November 7, 2022, Marino also registered to vote in Indian River County, Florida and remained on the active voter roles until he resigned his voter registration on February 1, 2023 (processed February 3, 2023.

WHEREFORE, the objector, Todd Bartley, petitions this court to set aside Thomas A. Marino’s nomination petition to appear on the ballot for the office of District Attorney of Lycoming County, Pennsylvania because Marino does not meet the requirements to serve as District Attorney of Lycoming County, Pennsylvania.

Respectfully submitted,

(SIGNED)

Todd Bartley, pro se

 

A hearing on the matter has been set for Wednesday, March 15, 2023 in the Court of Common Pleas, Lycoming County, Pennsylvania before visiting Senior Judge Reibman.

Lycoming County President Judge Nancy Butts issued an Order yesterday recusing all of the Lycoming County judges from the case.

This is an exclusive and developing story on TalkWilliamsport.com.

Rep. Flick weighs in as Sen. Yaw and Rep. Hamm remain silent on Marino voting case

PHOTOS: Tom Marino, Lycoming County District Attorney Candidate,

U.S. 112th Congress Photo (left),

PA State Representative Jamie Flick, Republican, 83rd Legislative District

Republican, serving Lycoming County (Part), Union County (Part) (middle left),

PA State Representative Joe Hamm, Republican, 84th Legislative District

serving parts , serving Lycoming County (Part), Sullivan County (middle right),

PA State Senator Gene Yaw, Republican, Senate District 23 (Term Expires: 2024)

serving Bradford, Lycoming, Sullivan, Tioga and Union Counties (far right).

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

As a follow-up to the bombshell report on the voting pattern of Tom Marino and his wife Edith as they reside in Vero Beach, Florida while casting absentee ballots in the 2022 election; TalkWilliamsport.com reached out to elected officials at the federal, state and local levels for comment.

Pennsylvania Senator Gene Yaw has yet to respond.

Kaitlin Morrison from the Office of PA State Representative Joe Hamm, Republican representing the 84th Legislative District provided the following this morning; “Rep. Hamm does not wish to provide a statement at this time, but thank you for reaching out.”

Tricia G. Lehman Supervisor, Republican Communications PA House of Representatives provided the following on behalf of PA State Representative Jamie Flick, Republican, serving the 83rd Legislative District in his first term; “Thank you for reaching out. The following is comment from Rep. Jamie Flick.”

Flick: “As the matter is now under review by the district attorney, I trust his office will make the appropriate determination.” 

 

Representative Hamm is quite familiar with ballots and election law related cases as he was a moving party in a Commonwealth Court case in 2020; as referenced herein.

From the Public Interest Law Center based in Philadelphia; “State representative candidate Joseph Hamm and U.S. Representative Mike Kelly, along with four voters, filed a lawsuit in Commonwealth Court on Election Day, claiming that county election officials who were following guidance from the PA Department of State had violated Pennsylvania election law by notifying voters that their mail-in ballots had been rejected. The petitioners asked the court to invalidate all provisional or replacement ballots cast by Pennsylvania voters whose mail-in ballots were canceled, and all mail-in ballot that were “cured” after voters were notified about a problem with their initial ballot.”

Hamm previously served as the Chairman of the Lycoming County Republican Party.

 

Will now State Representative Hamm become a moving party in Lycoming County Common Pleas Court challenging the Nomination Petitions of Tom Marino, candidate for Lycoming County District Attorney; based on his Florida residency to ensure the integrity of elections?

 

Regarding the Marino “issue” of obtaining a Florida Driver License on November 7, 2022 and simultaneously surrendering his Pennsylvania license; Marino then had the new Florida license expire on February 15, 2023.

According to the website safe2drive.com;

“New Pennsylvania Residents If you’ve moved to Pennsylvania from outside of the state and want to drive in Pennsylvania, you’ll need a PA driver’s license within 60 days of establishing residency in the state.

To apply for a PA license, you’ll need to go to a Driver License Center, surrender your out-of-state license, pass the vision test, and complete the driver’s license application. You’ll also need to present identification and residency documents.”

All of the steps listed above were completed by Tom Marino in Florida on November 7, 2022 to obtain a Florida Driver License. On the same day, Marino registered to vote in Indian Creek County Florida.

The 2022 Florida Statutes

(including 2022 Special Session A and 2023 Special Session B)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter

322.03 Drivers must be licensed; penalties.

(1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver license issued under this chapter.

(a) A person who drives a commercial motor vehicle may not receive a driver license unless and until he or she surrenders to the department all driver licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver license. Any such person who fails to surrender such licenses commits a noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction.

A person may not have more than one

valid driver license at any time.

Tom Marino and his wife Edith had absentee ballots counted in the 2022 election on Tuesday, November 8, 2022.

September 9, 2022 would be the weekend 60 days prior to November 7, 2022.

September 16, 2022, the Grove Isle at Vero Beach (Florida) Condominium Association voted to approve the application made by Thomas and Edith Marino to purchase the Condominium unit at 870 Lake Orchid Circle, Building C, Unit 204.

On October 3, 2022, subsequent to the Association approval, a Warranty Deed was filed listing a post office address (defined as: where you receive your mail or in legal terms “where you hang your hat”) as Thomas and Edith Marino husband and wife, 870 Lake Orchid Circle, Unit 204, Vero Beach, Florida 32962.

 

As of this writing, any number of people Marino contacted today from his Vero Beach, Florida have reached out to TalkWilliamsport.com and shared the concern Marino now has in being able to continue to run for Lycoming County District Attorney with the revelations in the “Bartley article.”

As of this writing, Don Peters, current Chairman of the Lycoming County Republican Party has yet to respond to a request for comment.

As of this writing, Tom Marino, former Lycoming County District Attorney who became a United States Attorney then a United States Congressman for nearly five terms before resigning to take a job in the private sector; remains a candidate for Lycoming County District Attorney.

As of this writing, most if not all of the Lycoming County Republican Party leadership remains silent.

Multiple Lycoming County Republican Party leaders have consistently used election integrity as a campaign plank and in the case of “one of their own”; they remain eerily quiet.

This is an exclusive and developing story on TalkWilliamsport.com.

Marino: You’re not from here are you?

PHOTOS: Tom Marino, Lycoming County District Attorney Candidate,

U.S. 112th Congress Photo (left),

Indian County Florida Logo (top right), Lycoming County Pennsylvania Logo (bottom right).

 

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

As a former Lycoming County District Attorney who became a United States Attorney then a United States Congressman for nearly five terms before resigning to take a job in the private sector; Tom Marino understands the laws at the county, state and federal level better than most people.

According to the Washington Post in 2019, Rep. Tom Marino (R-Pa.), who was just elected to a fifth term, announced Thursday that he is resigning from Congress this month to accept a job in the private sector. “As of January 23, 2019, I am officially stepping down from Congress,” Marino said in a statement. “Having spent over two decades serving the public, I have chosen to take a position in the private sector where I can use both my legal and business experience to create jobs around the nation.”

On June 21, 2021 Marino and his wife Edith sold their family home in Cogan Station to the Carter’s for $520,000.

TOM MARINO & EDITH MARINO DEED TRANSFER KINLEY DRIVE 6-21-21

 

Subsequent to the sale of their home, they acquired a property via “This Indenture” from the estate of a deceased person located at 1825 Homewood Avenue, Williamsport, Pennsylvania for $190,000 on July 20, 2022. Attorney George Lepley certified the precise address of the grantees herein is 1201 Lose Avenue, Williamsport, PA 17701.

TOM MARINO & EDITH MARINO THIS INDENTURE HOMEWOOD AVE 8-4-22

 

September 16, 2022, the Grove Isle at Vero Beach (Florida) Condominium Association voted to approve the application made by Thomas and Edith Marino to purchase the Condominium unit at 870 Lake Orchid Circle, Building C, Unit 204.

On October 3, 2022, subsequent to the Association approval, a Warranty Deed was filed listing a post office address (defined as: where you receive your mail or in legal terms “where you hang your hat”) as Thomas and Edith Marino husband and wife, 870 Lake Orchid Circle, Unit 204, Vero Beach, Florida 32962.

TOM MARINO INDIAN RIVER COUNTY FLORIDA PROPERTY DEED 9-29-22

 

On Thursday, October 27, 2022, Paul Nyman, current Loyalsock Township Supervisor shared a post on Facebook regarding the Marino’s “your new home in Florida.”

“Tom and Edie Marino you have become more than family. God bless, be safe in your new home in Florida.
Know we’re only a phone call away. We’ll be there in the spring. We love you both!”
May be an image of 6 people and text that says 'There are friends, there is family, and then there are friends who become family. @POWEROFPOSITIVITY'
On Monday, November 7, 2022, Tom Marino, current Lycoming County District Attorney candidate
applied for a Florida Driver License.
The license application includes the following statement: “Under penalty of perjury, I swear or affirm the information contained given by me is true and correct. I also understand the operation of a motor vehicle constitutes consent to any sobriety test required by law and consent to release of driver records required by law.”  

 

On the application for the driver license a question is asked; Florida Resident:

Tom Marino responded: Yes.

 

Under the header titled ADDRESSES

The application lists a Resident Address of 870 Lake Orchid Circle, Apt. 204 Vero Beach, Florida 32962.

Resident County: Indian Creek

The application lists a Mailing Address of 870 Lake Orchid Circle, Apt. 204 Vero Beach, Florida 32962.

Mailing County: Indian Creek

An in-person eye examination was administered and passed.

 

Under the header of IDENTIFICATION:

U.S Passport/Card, Name Change Document, Social Security Document, Proof of Residence Documents, U.S. Driver License/Territories.

 

DL/ID Issued: Yes

According to Florida Highway Safety and Motor Vehicles documentation the Driver License was issued to Tom Marino at 2:17 p.m. on November 7, 2022 with an Expiration date of August 13, 2031.

On the same date according to Florida Highway Safety and Motor Vehicles documentation under the Header: OUT OF STATE/OUT OF COUTRY CREDENTIAL INFORMATION

State

PA

 

Country

BLANK

 

ISSUE DATE

6/21/2019

 

DL/ID NUMBER

15091063

 

EXPIRATION DATE

8/14/2026

 

DISPOSITION

SURRENDERED

 

On the same day Tom Marino obtained a Florida Driver License as a Florida resident,

he surrendered his Pennsylvania Driver License.

 

According to voter records obtained from Lycoming County Voter Services through a formal Request for Public Information, Tom Marino had an absentee ballot counted in the 2022 election on Tuesday, November 8, 2022.

The address listed for Tom Marino on the records obtained from Lycoming County Voter Services is 1201 Lose Avenue, Williamsport, Pennsylvania.

 

TOM MARINO LYCOMING COUNTY VOTING RECORD 10-17-22

 

Edie Marino, wife of Tom Marino commented in and around the same time of the post above; Edie Marino

“To all of our dear friends. You have all been so kind to us both.

We will miss all of you and pray that we see you soon.

We are leaving with tears and sorrow,

but also joy knowing the friendships we have back home.

Love you all. 💕

According to Lycoming County Voter Services records, Edie Marino also cast an absentee ballot which was counted in the 2022 election on Tuesday, November 8, 2022.

EDITH MARINO LYCOMING COUNTY VOTING RECORD 2-17-23

 

According to Lycoming County Voter Services records, Victor Marino (son) cast an in-person ballot in the 2022 election on Tuesday, November 8, 2022 at precinct 2204-1 (Loyalsock) with a residential address of 1825 Homewood Avenue.

VICTOR MARINO LYCOMING COUNTY VOTING RECORD 11-1-22

 

Not only did Tom Marino obtain a Florida Driver License on November 7, 2022; According to the Indian River County Supervisor of Elections office, he registered to vote in Florida the same day.

On February 13, 2023, the Indian River County Supervisor of Elections office responded to a request for Public Information from TalkWilliamsport.com related to Tom Marino and his Florida Voter Registration status.

“Good afternoon Mr. Bartley,

We are in receipt of your public records request for Mr. Thomas Anthony Marino’s

voting status in Indian River County, Florida.

Mr. Marino registered to vote in Indian River County, FL

on November 7, 2022 and submitted a written request to be removed from

the Indian River County, FL voter rolls on February 3, 2023.

 

Mr. Marino did not vote in Indian River County, FL

while he was a registered voter of our county.

As to the copy of the written request for removal,

we are waiting on the Division of Elections General Counsel to review.

Thank you and have a great day.

Kindest regards, Indian River County Supervisor of Elections office

4375 43rd Avenue Vero Beach, FL 32967″

 

On November 17, 2022 in a Facebook post time stamped at 1:00 p.m., the local law firm of Lepley, Engelman, Yaw & Wilk announced that Thomas A. Marino, Esquire joined their law firm in the “of counsel” role.

 

Welcome Tom Marino to Lepley, Engelman, Yaw & Wilk!

We are pleased to announce that Thomas A. Marino, Esquire has joined our law firm of counsel. He was the U.S. Representative to Congress from the 10th PA District from 2011 to 2019, serving as a member of the Judiciary, Foreign Affairs, and Homeland Security committees. He was elected as Vice President of NATO Parliamentary Assembly for two terms. He was formerly a U.S. Attorney for the Middle District of Pennsylvania as well as the Lycoming County District Attorney where he oversaw a variety of notable cases.

Tom earned his Juris Doctor (J.D.) from Dickinson School of Law, Penn State University in 1987. He graduated Magna Cum Laude from Lycoming College in 1985 where he earned his Bachelor of Arts (B.A.) degree in Political Science and Education. He received his Associate of Arts (A.A.) degree from Williamsport Area Community College in 1984.

In 2004, Tom was inducted into the International Police Association “Hall of Fame” in recognition of outstanding services to the citizens of the Commonwealth of Pennsylvania.

May be an image of 1 person and suit
On November 29, 2022, the nearly full year of property taxes ($1,117.47 receipt amount) on the Marino Vero Beach, Florida residence were paid.

After the exclusive reporting of TalkWilliamsport.com; and a call that went unreturned regarding Marino leaving the firm; on February 2, 2023 in a Facebook post time stamped at 1:36 p.m., the local law firm of Lepley, Engelman, Yaw & Wilk announced that Thomas A. Marino, Esquire was leaving their law firm in the “of counsel” role; “to pursue other interests.”

On background George Lepley, is the local Williamsport attorney who represented the white baseball player who was criminally convicted of indecent sexual assault of a black teammate during the 2018 WAHS baseball trip in Myrtle Beach, South Carolina.

Lepley is also the author of the infamous “Lepley Letter” that threatened the Williamsport School District with civil action and potential criminal charges if his client was punished in any way.

The “Lepley Letter” is included in the Federal Civil Rights lawsuit filed by the John Doe #1 victim in that case.

“Attorney Tom Marino will be leaving our firm to pursue other interests. The partners and staff at Lepley, Engelman, Yaw & Wilk wish him success in his future ventures.”

Back to the Indian River County Supervisor of Elections office which responded to a request for Public Information from TalkWilliamsport.com related to Tom Marino and his Florida Voter Registration status.

“Good afternoon Mr. Bartley,

We are in receipt of your public records request for

Mr. Thomas Anthony Marino’s voting status in Indian River County, Florida.

Mr. Marino registered to vote in Indian River County, FL on November 7, 2022

and submitted a written request

to be removed from the Indian River County, FL voter rolls on February 3, 2023.

TOM MARINO INDIAN RIVER COUNTY FLORIDA VOTER REMOVAL FORM 2-1-23

 

On the same day Tom Marino had his name removed from the Indian River County, FL voter rolls his wife filed to have the windows replaced in the Vero Beach, Florida residence.

Edith Marino appeared before a Notary in Florida to make the filing official and affixed her signature.

On February 5, 2023, Tom Marino formally announced his candidacy for Lycoming County District Attorney from his Vero Beach, Florida residence.

The window replacement filing was completed on February 6, 2023, one day after Marino announced his candidacy for Lycoming County District Attorney.

According to Forrest K. Lehman, Lycoming County Director of Elections and Registration; “Voter Services received and processed change of address applications, dated February 7, for Thomas and Edith Marino moving from 1201 Lose Ave to 1825 Homewood Ave.”

On February 14, 2023, Tom Marino appeared before Beth George, Notary Public and signed a Candidate’s Affidavit listing a residential address of 1825 Homewood Avenue, Williamsport, PA 17701.

 

Based on the exclusive reporting of TalkWilliamsport.com on his residency status, and according to Florida Highway Safety and Motor Vehicles documentation the Driver License that was issued to Tom Marino at 2:17 p.m. on November 7, 2022 with an Expiration date of August 13, 2031 inexplicably expired on February 15, 2023.

According to those familiar with the situation, Tom Marino revisited the Florida Highway Safety and Motor Vehicles Department in an attempt to undo the Florida Driver License “issue”.

According to Forrest K. Lehman, Lycoming County Director of Elections and Registration has never received any information from the Marino’s regarding their Florida residency or voter registration status.

On February 24, 2023, the Candidate’s Affidavit listing a residential address of 1825 Homewood Avenue, Williamsport, PA 17701 in which Tom Marino appeared before Beth George, Notary Public and signed, was received by Lycoming County Voter Services.

According to those familiar with the early submissions of petitions by the Marino campaign, as those in attendance at the recent Lincoln Day Dinner can attest; Tom Marino was in a sling having had recent shoulder surgery.

The early submissions prior to the March 7, 2023 deadline, were due to Tom Marino having follow-up doctor appointments in Florida this week.

Marino also signed and submitted a STATEMENT OF FINANCIAL INTERESTS again using the Homewood Avenue, Williamsport address.

Any number of Nomination Petitions were circulated by Edith Marino, Paul Nyman, Michael Cashera, Jr., Norman Cowden, Marcia Confer, Curtis Henry, and Thomas Ungard.

 

The same Thomas Ungard who according to PennLive; “continued to fight his 2011 corruption conviction because he wanted his pension”; the article goes onto say in part “The investigation that led to the charges stemmed from Ungard using a forfeited pickup truck in June 2006 to take then police Chief John McKenna on a Canadian fishing trip.”

TalkWilliamsport.com provided Forrest K. Lehman, Lycoming County Director of Elections and Registration all of the exhibits in this story. Lehman responded by email Wednesday afternoon, “your report has been forwarded to the Office of the District Attorney for review.” 

The email went onto say, “It would be up to the District Attorney to determine if a violation of the PA Election Code has occurred. In the event of a nomination petition challenge, it would be the responsibility of a court of competent jurisdiction to rule on a candidate’s eligibility to seek an elected office.”

Lycoming County District Attorney Ryan Gardner confirmed receipt of the Marino report provided by Forrest K. Lehman, via email Wednesday afternoon with the following response; “Confirmed.”

On background, the County Code for Fifth Class Counties clearly enumerates a candidate for County District Attorney must be a resident of said county they are seeking office in for a year prior to the election.

AN ACT

Relating to counties of the first, second class A, third, fourth, fifth, sixth, seventh and eighth classes; amending, revising, consolidating and changing the laws relating thereto; relating to imposition of excise taxes by counties, including authorizing imposition of an excise tax on the rental of motor vehicles by counties of the first class; and providing for regional renaissance initiatives. (Title amended Oct. 24, 2018, P.L.931, No.154)

ARTICLE XIV DISTRICT ATTORNEY, ASSISTANTS AND DETECTIVES

(a)  District Attorney Section 1401.

District Attorney; Qualifications; Eligibility; Compensation.–(a)  The district attorney shall be a resident of the county, at least twenty-five years of age, and a citizen of the United States, shall have been admitted to practice as an attorney before the Supreme Court of this Commonwealth for at least one year prior to taking the oath of office and shall continually hold an active law license during the period when the individual is in office and shall have resided in the county for which the district attorney is elected or appointed for one year next preceding election or appointment. ((a) amended Nov. 17, 2021, P.L.440, No.88)

 

UPDATE: Within the filing of the Tom Marino Candidate Affidavit is the STATEMENT OF FINANCIAL INTEREST – TOM MARINO SUPPLEMENT, submitted to the State Ethics Commission it states SECTION 10

Social Security, Federal Goverment Pension OPM, NEPA BC/BS Highmark Board of Directors and Paceomatic based in Duluth, Georgia.

From the Paceomatic website, “POM develops the best earning games that are both legal and defendable. We’re committed to building up the communities where we do business. Our games create a unique opportunity to boost business and draw in loyal customers.”

Tom Marino, bio from Paceomatic website; “Tom is the VP of Government Affairs/Public Relations & Counsel for Pace-O-Matic. Prior to this, he served as a US Congressman from the 10th and 12th Districts, US Attorney for the Department of Justice, and District Attorney in Lycoming County, PA.”

 

TOM MARINO CANDIDATE AFFIDAVIT 2-14-23

 

 

Messages seeking comment for this story were left for Lycoming County Republican Chairman Don Peters, Lycoming County Commissioners Scott Metzger and Rick Mirabito.

Lycoming County Commissioner Tony Mussare, messaged and said, “I have nothing to say to you.”

A call was made this evening seeking comment for this story, to the phone number listed on the Candidate Affidavit submitted to Lycoming County Voter Services and signed by District Attorney candidate Tom Marino.

At this writing, the call has gone unreturned.

The facts of this story which are not in dispute, clearly cast vast doubts on the ability of Tom Marino to seek elective office anywhere outside of Indian River County Florida where he clearly resides.

This is an exclusive and developing story on TalkWilliamsport.com.

FEDERAL COURT FILING: “Weber recorded B.M.’s admission.” How, when he never interviewed him?

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.

 

From the MASD Board Agenda for July 19, 2022:
10.8 PERSONNEL
10.8.2 That the Board take action to approve Mr. William Weber as a part-time contracted School Police Officer at a rate of $28.05 per hour.
From the MASD Board Meeting Minutes for July 19, 2022:
A resolution was offered by Mrs. Pick seconded by Mrs. Schreiber to approve Mr. William Webber as a part-time contracted School Police Officer at a rate of $28.05 per hour.
AYES: Mrs. Yeckley, Mrs. Pick, Mr. DeSantis, Mrs. Schreiber, Mr. Stryker, Jr, Mr. Yocum and Mr. Wright.
NAYS: None
ABSENT: Mr. Umpstead
(EDITOR’S NOTE: Mr. Persing is listed as absent at the beginning of the Meeting Minutes)

07192022_a 07192022_m

 

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.

EXCLUSIVE: Rogers asks Commissioners to “drop this frivolous appeal”

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/

 

 

Lycoming County Commissioners in split decision set to appeal court loss in case brought by Krista Rogers, Lycoming County Controller

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.

EXCLUSIVE: Lawsuit filed over failure to audit 2020 election against Lycoming County Commissioners and Director of Elections

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. 4th Street, Suite 6

Williamsport, PA 17701

(570) 326-1077