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    A civil claim filed in December 2017 asks a York County judge to rule that Michael Helfrich is disqualified from holding public office.

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    A civil claim filed in December 2017 asks a York County judge to rule that Michael Helfrich is disqualified from holding public office.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    1K views13 pages

    Helfrich Injunction

    Uploaded by

    edmahon
    A civil claim filed in December 2017 asks a York County judge to rule that Michael Helfrich is disqualified from holding public office.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    > Zonnanmn Zorn a Supreme CaprtofiBgnnsylvania ‘omm, Feats Court ts Ciil on'Pleas A. 2017-SU-003535 ROTHONORARY Se 18 EGF 2817 DEC et County FUOIBIAL CentER The information collected om this form is used sotly for court administration purposts. “Higa BIER supplement or replace the filing and service of pleadings or other papers as required by law or rules of court “ommencement of Action: ‘Complaint 1D Writ of Summons “Transfer from Another Jurisdiction D Petition 1 Declaration of Taking Lead Plaintiff's Name: Rok LOreR_ ‘Lead Defendant's Micrel 2 HELFRICH Are money damages requested? ClYes (No | Pore iowested ee ne Is this a Class Aetion Suit? Yes. YANo | Isthis an MDJ-Appeal? Yes ‘ino Name of Pinitagpelan’s amore: Kare \E. Combes ES 11 Check here ityou have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an “X” to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that ‘you cor TORT (do not include Mass Tort) 1 intentional 1D Malicious Prosecution Motor Vehicle By Nuisance By Premises Liability mass tort) D Slander/Libel/ Defamation O otter: By Product Liability (does not include sr most important, CONTRACT (do not inciede Judgments) DD Buyer Plaintiff 1D. Debt Collection: Credit Card Debt Collection: Other Employment Dispute Diserimination 1 Employment Dispute: Other MASS TORT Di Asbestos Tobacco Toxie Tort - DES 1D Toxie Tort- Implant BB Toxic Waste Bother: Dotter: CIVIL APPEALS ‘Administrative Agencies TD Board of Assessment D Board of Elections Dept. of Transportation Statutory Appeal: Other D Zoning Board * O other: [REAL PROPERTY D Ejectment 1 Eminent Domain/Condemnation Ground Rent 1 Landlord/Tenant Dispue PROFESSIONAL LIABLITY 1D Dentat Bi Leva 1D Medical 1B Other Professional: i Morgage Foreclosure: Residential El Mortgage Foreclosure: Commercial Partition 1B Quiet Titte 1 Other: MISCELLANEOUS Li Common Law/Statutory Arbitration [Declaratory Judgment Mandamus Non-Domestic Relations Restraining Order {Quo Warranto Replevin Dother Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYVANIA CIVIL ACTION - QUO WARRANTO a 3S es Ss Rick Loper oe Anthony Orr Re Carls Evette Freeland Be J Margaret Eckles-Ray we Kim Murray mee Bae ge Antonietta Smith, Mee Steer 28 on 23a 8° 2017-SU- aaa Plaintiffs, e face ve. Michael R. Helfrich, Defendant CIVIL ACTION - LAW :OMPI 1T IN QUO WARRANTO I. INTRODUCTION By this Complaint in quo warranto, Plaintiffs Rick Loper, Anthony Orr, Carla Evette Freeland, Margaret Eckles-Ray, Kim Murray and Antonietta Smith, all of York, Pennsylvania, request that this Honorable Court declare that Defendant's felony convietion renders him disqualified to hold the office of Mayor of the City of York. I. JURISDICTION AND VENUE AND AUTHORITY TO ACT 1. This Court has jurisdiction and venue under Pa RCP 1112(0). AUVLONCHLOUd 48 391440 2. Plaintiff, Rick Loper, is an adult citizen residing at 116 West Cottage Place, City of York, Pennsylvania 17401. 3. Plaintiff, Anthony Orr, is an adult citizen residing at 116 West Philadelphia Street, City of York, Pennsylvania 17401. 4, Plaintiff, Carla Evette Freeland, is an adult citizen residing at 274 West Maple Street, City of York, Pennsylvania 17403. Plaintiff, Margaret Eckles-Ray, is an adult citizen residing at 123 Lehman Street, City of York, Pennsylvania 17403. 6. Plaintiff, Kim Murray, is an adult citizen residing at 110 South Penn Street, City of York, Pennsylvania 17403. 7. Plaintiff, Antonietta Smith, is an adult citizen residing at 825 Chanceford Avenue, City of York, Pennsylvania 17404. II. PARTIES 8, Plaintiffs are all residents of the City of York and have standing to bring this action in quo warranto. Both the Attorney General of the Commonwealth of Pennsylvania and the York County District Attorney have standing to bring this action, but have declined to proceed, 9. Defendant Michael R. Helfrich is an adult individual who resides at 430 Cookes House Lane, York, PA 17401, who ran for election in November 2017, and whose election was certified by this Court, He is ready to be swom in and take office in January 2018. IV. FACTUAL ALLEGATIONS 10. Defendant pled guilty on March 7, 1991 to possession with intent to distribute narcotics and possession of marijuana, under 35 P.S. §780-113, A3S and A31. He was sentenced to time served (45 days) ~ 23 months. The offense of possession to distribute (A35) is a felony. Criminal docket records from the Administrative Office of Pennsylvania Courts evidencing these charges and the conviction are attached hereto, marked as Exhibit A, and incorporated by reference. V. QUO WARRANTO 11, All previous allegations of this Complaint are incorporated herein by reference. 12. Anaztion in quo warranto is the appropriate and proper means for testing whether a person should be removed from public office. £.g., Jn re Stout, 559 A. 2d 489, 490 (Pa. 1989). See «also Petition of Hughes, 525 A.2d 10, 105 Pa.Cmwith. 508, (1987), affirmed 532 A.2d 298, 516 Pa, 89, (1987); Commonwealth ex. rel. Baldwin v. Richard, 751 A.2d 647, 561 Pa. 489 (2000); Commonwealth ex rel. Corbett v. Griffin, 946 A.24 668, 596 Pa. 549, (2008); and Commonwealth ex. rel, Kearney v. Rambler, A.3d (2011), WL 5865839. 13. The Pennsylvania Constitution precludes persons with certain convictions office. Specifically, Article Il, § 7 of the Pennsylvania Constitution from holding put provides that ‘No person hereafter convicted of embezzlement of public moneys, bribery, perjury or ‘other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this Commonwealth. 14, The Pennsylvania Supreme Court has defined the term "infamous crime" as follows: "[W]e reaffirm that a crime is infamous for purposes of Article II, Section 7, if its underlying facts establish a felony, a crimen falsi offense, or a like offense involving the charge of falsehood that affects the public administration of justice." Commonwealth ex rel. Baldwin v. Richard, 56) Pa. 489, 499, 751 A.2d 647, 653 (2000) (emphasis added). 15. Inaddition, the Third-Class City Optional Charter Law (53 P.S. § 41604) prohibits anyone convicted of a crime or offense involving moral turpitude from serving as a City Council member, A crime is generally described as one of moral turpitude if it involves an act of baseness, vileness, or depravity in the private or social duties which an individual owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between persons. The term has also been defined as anything done knowingly contrary to justice, honesty or good morals. (Moretti v. State Board of Pharmacy, 2 Pa. Commw. 121,227 A.2d 516 (1971)). The case of Foose v. Board of Vehicle Manufacturers, Dealers and Salespersons, 578 A.2d 1935 (Pa. Cmwlth 1990) held two drug convictions, one for conspiracy to distribute cocaine and one for possession with intent to distribute cocaine, were crimes of moral turpitude that could exclude the convicted person from being a licensed motor vehicle salesperson/dealer. 16. Defendant has been convicted of a crime as described above in Section IV. 17, Defendant's criminal conviction renders him ineligible to hold public office insofar as the conviction constitutes an "infamous crime" under the Pennsylvania Constitution, and a crime of moral turpitude under the Third-Class City Optional Charter law. 18. By virtue of his 1991 felony conviction Defendant is unqualified to take the office of Mayor of the City of York. WHEREFORE, Plaintiffs, Rick Loper, Anthony Orr, Carla Evette Freeland, Margaret Eckles-Ray, Kim Murray and Antonietta Smith, respectfully request that this Honorable Court () Declare that Defendant, Michael R. Helfrich, is disqualified to take the office of Mayor of the City of York; and Gi) Grant such additional relief as may be deemed just and appropriate under the circumstances. Respectfully submitted, Date: DEEN Karen E. Comery, Esquire Law Office of Karen E. Comery 2002 S. Queen Street York, PA 17403 Tel: (717) 747-6427 Email: karencomery@gmail.com 1D #91075 VERIFICATION 1, Anthony Orr, verify that I am authorized to make this Verification and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Anthony On © YERIEICATION 1, Karen E. Comery, Esquire, verify that I am authorized to make this Verification and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Kare E. Comery, Esquire EXHIBIT A COURT OF COMMON PLEAS OF YORK COUNTY a 2 Docket Number: CP-67-CR-0000752-1991 CRIMINAL DOCKET Court Case ‘Commonweatth of Pennsylvania Michael Ray Hetrch C —F 7} dadge Assaned Dato Filed: 03/6/1981 tion Date 03/15/1891 OTN: cannes som: ‘Originating Docket No: Inte suing Autor: Richard €. Mart inal teving Autry Acesting Agency: Other ‘Aresina Oficar Afiont Complsinviniéant#: Unknown Case Loca! Number Type(s) (Case Local Numbers) Page 1 013, ‘Legacy Docket Number s99ica7s2 a SaaS INFORMATION. ‘Caza Staus Closed ‘Slave Date ‘Processing Status, Comalsint Date; 09/15/1091 Cats901 Wigs Cane DEFENDANT INFORMATION Date OF Bian: 0310871870 ‘CnisiaeZi. eee CASE PARTICIPANTS. Paticiaant Type Nene Defendant Halirch, wienae! Ray [een eeneneemeeeneeneeresSESEcEEPERSOSSSNSNSER] OY [7 "SEES NSEEEEES EES ESE OPED EEE Hetien, Michaet Ray ‘Nebbie Status: None ‘Bacon baw ai Type Percaniage frown Bal Posting Sis Posting Date Set ov01s90 Monetary $100,000.00 CHARGES Sa Oe Gade Sawe Siaie Deacon OfensaDL OTN 1 1 365700113 §§A38 Poss Wik To Dis Ne Subs Res Conr ovesiie9t — Ce2e2e0-3 2 2 356 7a0-119 Gast Pose Of Marivans DiaanO Cc eRPES DISPOSITION SENTENCINGIPENALTIES Disposition Case Event Dispostton Date ‘inal Disnostion ‘Sequence/Descrntion Offense Disposiion ‘Sentencing Judae ‘Sentence Date 30 Progen ncacraion/Diversionan Pri! ‘Sentence Condtons Migrated Diepocition Migrated Disposttonal Event oansirss1 Final Dispesiton 2 Poss Of Marjvana uty Plea 35 § 700119 65 A31 Recent entes made in he cou fing fens may not be ined rected on het docket sheet. Neha the courts ofthe Unie Jat System of ta Conmenwnathof Penney othe Admnsvatve Oe of Pamnsyvaria Cours esume any tabi fr naar ot layed Ais, rs or erase on hese epas. Dace! Shoe foro sho nat be ued a ple of ernie! sary bakgreund check wich can ‘onirbe providadby Ie Penasytana Stele Pace, Moreover an employer who oes nol comply wih the provision of Criminal Mon Racor ‘ntormaton Ast maybe suet toch tay esata in 1B PACS. Secon S18. COURT OF COMMON PLEAS OF YORK COUNTY Docket Number: CP-67-CR-0000752-1991 CRIMINAL DOCKET Court Case Commonwealth of Pennsytvania Michael Ray Hettich ISEOSITION SENTENCINGIRENALTIES] Dispositon Page 2013, Dispositon Dato 5 m ‘Ofense Disposition Giese Section ‘Sentence Date ‘Stet For Time Served \nearceraton/Diversionary Period Sten Oate Migrated, Judge osnsresot Confnement Max of 3.00 Days Financil Assessments Max of 300 Days [COMMONWEATTITINEORMATION) ETIORNEWINEORMATION) ‘Name: Name: ‘Unidentified Atomey, Esa Private ‘Suoreme Court No: ‘Suoteme Court No: ep. Status, (CP Fig Oate oxori991 wigratos, Fur 03.07.91 - PLEA OF GUILTY ENTERED TO 03.07-91 - PLEA OF GUILTY ENTERED TO 2 CTS CONSPIRACY TO POSS. OF [DRUGS WII DELIVER, POSS. OF DRUGS; SENTENCE: YCP TIME. ‘SERVED TO 23 MONTHS, PAY COSTS. JHC. oasit99t Migrated Dsspostton Migrated Automate Regity Enty(Olepostion) Text owrsrga1 ‘Orginal Papers Received from Lower Court ourss991 Megratea Sontonco Recart ants made in he cau tng offcs may ol be nada rte on ese docket shes, Neher the courts fhe Unifed Jia Syetnm of bie Connors of Penneytania nor the Adina Ofc of Pennayvania Cours eum ery Habit fr ngccurtae elyed et, erors or omissions on these reports, Docket Seal infomation chou nat be used plac af «ermal Mistry becgroure check whch an ‘ony be proved bythe Penner Sisto Poon. Moreover an employer whe doesnt combi wl he rovsons othe Gina istry Record ntmaton Act ry beso! oc Eby as str in 18 PC'S. Secon S13, Docket Number: CP-67-CR-0000752-1991 CRIMINAL DOCKET Court Case Commenwveaith of Pennsylvania ‘Saavence Number ‘OP Filed Date 1 o2s:1991 03.251 -JAK DISCHARGE ISSUED 103-25.91 -JAIL DISCHARGE ‘SSUED oar7r2006 case Archived Case ie Archived Rogistry added during archive Case Restored to Production Case ie Restores Registry adoed during Restore ‘Recent errs aden te cout ng offces may pt be immediate refeted on these docel sheet, Nee he courts the Ure Juda

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