"Josh Pollock: uncorrupted by years of experience"
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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN
RE: OBJECTION TO NOMINATING ) CIVIL DIVISION PETITION
OF JOSHUA POLLOCK ) FOR
PRIMARY ELECTION FOR ) NO.
GD01-004915 MAYOR
OF THE CITY OF ) PITTSBURGH ) ) PETITIONER: BERNIE SCOTT ) TO: Anthony W. Saveikis, Esquire 7011 Steubenville Pike Oakdale, PA 15071 NOTICE OF PRESENTATION OF MOTION OR
PETITION Kindly take
Notice that the attached Petition or Motion shall be presented to Judge McLean,
Court of Common Pleas of Allegheny County, Courtroom 821, City-County Building,
Pittsburgh, PA 15219 on the 21st day of
March, 2001, at 10:00 o’clock A.M.
Attorneys
for Petitioner CERTIFICATE OF SERVICE I hereby
certify that I have caused to be served a true and correct copy of the within
Petition or Motion upon the above-stated individual at the aforestated address
by hand delivery on the 21st day of March, 2001.
Attorney
for Petitioner IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN
RE: OBJECTION TO NOMINATING ) CIVIL DIVISION PETITION
OF JOSHUA POLLOCK ) FOR
PRIMARY ELECTION FOR ) NO.
GD01-004915 MAYOR
OF THE CITY OF ) PITTSBURGH ) ) PETITIONER: BERNIE SCOTT ) MOTION TO QUASH AND
NOW comes the Respondent Joshua Pollock by and through his attorneys Marvin A.
Fein, Esquire and Lisa C. Labriola, Esquire who files the within Motion to
Quash whereof the following is a statement: 1. Joshua Pollock has filed a nominating
petition to have his name placed on the ballot as a Democratic candidate for
Mayor of the City of Pittsburgh for this municipal primary election. 2. A municipal primary election will be held
in Pittsburgh on the 15th day of May, 2001, for the Office of Mayor
of the City of Pittsburgh. 3. Objections to the Nominating Petition
were filed by “Bernie Scott.” 4. “Bernie Scott” alleges at Paragraph 1 of
the Objections to Nominating Petition: “The said petitioner is a citizen and
registered elector of the 10th Ward of the City of Pittsburgh,
County of Allegheny, Pennsylvania.” 5. There is no “Bernie Scott” registered to
vote as a Democrat in the City of Pittsburgh. 6. “Bernie Scott” lacks standing to pursue
the Objection to Nominating Petition. In
Re: Barlip, 428 A.2d 1058 (Pa.Cmwlth. 1981). 7. This Court may not address issues which
require it to interpret the Second Class City Code and the Pittsburgh Home Rule
Charter in a case under 25 P.S. §§2936 and 2937. This Court may decide only whether the candidate meets the age
requirements, if any, in the Election Code and the petitioner has not alleged
that the candidate has failed to meet any such requirement. Mele v. Egan, 634 A.2d 1074 (Pa.
1993). WHEREFORE,
it is respectfully requested that the Objection to Nominating Petition filed by
“Bernie Scott” be dismissed. Respectfully
submitted, By: Marvin
A. Fein, Esquire By: Lisa
C. Labriola, Esquire Attorneys for Joshua Pollock, Candidate for Mayor of the City of
Pittsburgh IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA IN
RE: OBJECTION TO NOMINATING ) CIVIL DIVISION PETITION
OF JOSHUA POLLOCK ) FOR
PRIMARY ELECTION FOR ) NO.
GD01-004915 MAYOR
OF THE CITY OF ) PITTSBURGH ) ) PETITIONER: BERNIE SCOTT ) ORDER OF COURT AND
NOW to-wit, this ____ day of ________________, 2001, upon consideration of
Joshua Pollock’s Motion to Quash, it appearing that “Bernie Scott” has not met
the burden to show he/she is registered as a Democratic elector in the City of
Pittsburgh, it is hereby ORDERED, ADJUDGED and DECREED that the Objections of
“Bernie Scott” to the Nominating Petition of Joshua Pollock for the Mayor of
the City of Pittsburgh are quashed. BY
THE COURT,
J. CERTIFICATE
OF SERVICE I hereby certify that I caused to be served a true and correct copy of the within MOTION TO QUASH on the 21st day of March, 2001, upon the following individuals by hand delivery: Anthony W. Saveikis, Esquire 7011 Steubenville Pike Oakdale, PA 15071 Hon. John H. McLean Judge, Civil Division 8th Floor, City-County
Building Pittsburgh, PA 15219
Jeanmarie
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