"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
) REPLY AND NEW MATTER TO OBJECTION
TO NOMINATING PETITION
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 Reply and New Matter to Objection to Nominating Petition whereof the
following is a statement: REPLY
1. It
is denied that the Petitioner “Bernie Scott” is a citizen and registered
elector of the 10th Ward of the City of Pittsburgh, County of
Allegheny, Commonwealth of Pennsylvania and strict proof thereof is demanded
at the time of the hearing in the above-referenced matter.
By way of further answer, it is denied that “Bernie Scott” has
standing to file objections to Joshua Pollock’s nominating petition.
2. It
is admitted that a municipal primary election will be held in the City of
Pittsburgh on May 15, 2001 for the Office of Mayor of the City of Pittsburgh.
3. It
is admitted that Joshua Pollock has filed a nominating petition to have his
name placed on the ballot as a candidate for Mayor for the City of Pittsburgh
in the May 15, 2001, municipal primary election.
4. It
is denied that Petitioner has examined the contents of the nominating petition
of Joshua Pollock as filed with the Department of Elections of the County of
Allegheny, Pennsylvania and strict proof thereof is demanded at the time of
the hearing.
5. It
is admitted that the nominating petition of Joshua Pollock contains an
affidavit that he is eligible for the office of Mayor of the City of
Pittsburgh. By way of further
answer, Joshua Pollock denies that he is not eligible for the office of Mayor;
and he incorporates the New Matter as if set forth herein.
6. It
is denied that Section 22182 of the Second Class City Code is applicable to
the City of Pittsburgh which is a Home Rule Charter City and thus the legal
conclusion set forth in Paragraph 6 is deemed denied pursuant to the
Pennsylvania Rules of Civil Procedure.
7. It
is denied that the Home Rule Charter of the City of Pittsburgh contains no
provision contrary to the age qualification to the superseded Second Class
City Code Section 22182. By way
of further answer, Joshua Pollock incorporates the New Matter as fully set
forth herein.
8. It
is admitted that Joshua Pollock was born on October 13, 1982, that he is 18
years of age and that he is a registered Democratic elector in the City of
Pittsburgh. It is denied that
Joshua Pollock is not qualified or eligible to be Mayor of the City of
Pittsburgh. By way of further
answer, Joshua Pollock incorporates the New Matter as fully set forth herein.
9. It
is denied that Joshua Pollock’s affidavit that he is eligible for the office
of Mayor of the City of Pittsburgh attached to his nominating petition
contains false information.
10. It is
denied Joshua Pollock is not qualified to become Mayor of the City of
Pittsburgh. It is further denied that he is not eligible to become Mayor
of the City of Pittsburgh. The
legal conclusions as set forth in Paragraph 10 as to the applicability of the
superceded Section 22182 with regard to qualifications or eligibility are
legal conclusions which are deemed denied pursuant to the Pennsylvania Rules
of Civil Procedure.
WHEREFORE, it is respectfully requested that this Honorable Court deny
and dismiss “Bernie Scott’s” Objection to Nominating Petition. NEW MATTER
11. Paragraph
1-10 of the Reply and New Matter is incorporated herein as if fully set forth
at length.
12. Joshua
Pollock was born on October 13, 1982, and raised in the 14th Ward
of the City of Pittsburgh in which he has lived throughout his entire life.
13. Joshua
Pollock is a senior at the Pittsburgh Public School for the Creative and
Performing Arts.
14. Joshua
Pollock loves the City of Pittsburgh and seeks to instill his spirit and love
of the City and region in all electors, especially the young, newly
registered, previously disenfranchised and all registered voters who believe
it is time for change in the City of Pittsburgh.
15. Joshua
Pollock is qualified for the office of Mayor of the City of Pittsburgh
pursuant to the Pittsburgh Home Rule Charter enacted May 23, 1979 and
effective May 29, 1979.
16. The
City of Pittsburgh Home Rule Charter Section 202 provides:
“The Mayor shall have been a resident of the City at least three years immediately preceding election, unless absent on the public business of the United States or this Commonwealth, and shall reside in the City while serving as Mayor.”
17. In
drafting its Home Rule Charter, the City of Pittsburgh had the authority to
accept, reject, modify, enlarge or restrict the qualifications for Mayor which
would otherwise be applicable, e.g., 53 P.S. Section 22182.
18. In
enacting its own provisions, the City of Pittsburgh decided to reject the
existing qualifications for Mayor in favor of less stringent requirements.
19. The
Home Rule Charter of the City of Pittsburgh supersedes previous Pennsylvania
Statutory Law on this subject as it was properly enacted pursuant to the terms
of the Home Rule Charter Enabling Act. By
enacting the Home Rule Charter, the drafters specifically chose to deal with
the residency requirement but to not mention an age requirement.
20.
The provision for qualification for Mayor in the Home Rule Charter
supersedes the provisions for qualification in the previous Pennsylvania
Statute of Cities Second Class.
21. The
City of Pittsburgh properly implemented a Home Rule Charter which supersedes
the Pennsylvania Statutory Law.
22. The
drafters of the Home Rule Charter detailed the qualifications for Mayor of the
City of Pittsburgh which would not include an age requirement.
23. The
residency requirement is the only requirement that must be met for any
candidate of the office of the City of Pittsburgh.
24. Qualifications
for election are covered by the City of Pittsburgh Home Rule Charter (Section
202) and the Pennsylvania Election Code (§§2811, 2812 and 2867).
25.
The Petitioner has not alleged that the Nominating Petition is
defective under the Election Code and this Court may not decide issues
involving an interpretation of other statutes and Home Rule Charters in an
action filed under 25 P.S. §§2936 and 2937.
WHEREFORE, it is respectfully requested that this Honorable Court
dismiss, deny the Objection to Nominating Petition of Joshua Pollock for
primary election for Mayor of the City of Pittsburgh filed by Petitioner
“Bernie Scott.”
Respectfully submitted,
By:
Marvin A. Fein, Esquire
By:
Lisa C. Labriola, Esquire Attorneys for Joshua Pollock Candidate for Mayor of the
City of Pittsburgh CERTIFICATE
OF SERVICE I hereby certify that I caused to be served a true and correct copy of the within REPLY AND NEW MATTER TO OBJECTION TO NOMINATING PETITION 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
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