Q oO. IN THE NORTHAMPTON COUNTY COURT OF COMMON PLEAS EASTON, PENNSYLVANIA IN RE: THE NOMINATION PETITIONS OF 1 ELECTION sumit2 WILLIAM ROWE FOR NORTHAMPTON COUNTY COUNCIL : DOCKET N + e-48-cv-2023-1566 NOTICE OF APPEAL Notice is hereby given that Steven Topp, objector in the above captioned action, by his attorney, Lawrence M. Otter, Esquire, hereby appeals to the Commonwealth Court of Pennsylvania from the order entered in this matter by Senior Judge Edward Reibman on the 20 day of March, 2023. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully submitted, AYTORNEY FOR OBJECTOR YA ATTORNEY ID 31383 PO Box 575 Silverdale, PA 18962 267-261-2948 EMAIL: larryotter@hotmail.comIN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW IN RE: THE NOMINATION PETITIONS OF ) NO, C-48-CV-2028.01896 WILLIAM ROWE FOR NORTHAMPTON ) 7 COUNTY COUNCIL some 7 ORDER AND NOW, this 17th day of March, 2023, upon consideration of Petiiionéé Steven R. “Topp’s Pelition to Set Aside Nominating Paiitions of William Rowe for Northampton County Council, said Petition having been filed on March 13, 2023, and after hearing thereon on March 15, 2023, IT IS ORDERED said Petition to Sat Aside Nominating Petitions of William Rowe for Northampton County Counall is Dismissed.’ BY THE COURT: EDWARD 0. REIMAN, Senior Judge Specially Presiding ' ‘though “fellection laws are to be construed liberally in aid of those seeking public office,” in ra. ‘Shull, 825 A.2d 6, 9 (Pa,Cmuith, Ct. 1987), objectors are requirad to have standing to challenge a nominating petition, Mattor of Warren, 692 A.2d 1178, 1182 (Pa,Cmwith.Ct. 1997). Hore, unlike in Matter of Samms, 874 A.2d 240, 242 (Pa, 1996), where the objector’ registration ‘and residence were nol contested, Rowe has contested Petitioner Toop's registration and residen: ‘Topp’s pation Is unverified; he cid not fle any type of affidavit asserting his registration and residency: ‘and ne did not appear at the hearing to support the representation In the Petition that he is & “duly Togistered Republican elector" who resides within Northampton County. Nor was any answer or olher pleading fled as there was In in re. Shull 525 A.2d 6 (Pa,Cmwith.GI, 1987), that could be construed to ‘Bcknowledge Topp had standing to challengo Rowe's nominating petition. “though the absence of ‘erifcation in and of itself is not fatal, in re. Johnson, 509 Pa. 347, 602 A.2d 142 (Pa, 1986), there Is nating nthe eco osuppo a fing that ‘Topp has standing o challenge Rowe's nomination potions, Without more, the integrity of such challenges will be compromised and havoc wil ensue wheraby any person could peel a name off of the voter registration rol, even without that person's knowledge or ‘consent, and challenge a candidate's nominating petition.IN THE NORTHAMPTON COUNTY COURT OF COMMON PLEAS EASTON, PENNSYLVANIA IN RE: THE NOMINATION PETITIONS OF : ELECTION MATTER WILLIAM ROWE FOR NORTHAMPTON : COUNTY COUNCIL : DOCKET NO: + ¢-48-cv-2023-1566 ORDER FOR TRANSCRIPT BY HAND Court Reporter to Judge Reibman c/o Court Administarttion Northampton County Courthouse Easton PA Kindly prepare the hearing transcript with exhibits of the March 15, 2023 hearing in the above captioned matter. Enclosed is my check of $100 as a deposit. Respectfully submitted, ZAWRENCE M. OTTER, ESQUIRE ATTORNEY FOR OBJECTOR PA ATTORNEY ID 31383 PO Box 575 Silverdale, PA 18962 267-261-2948 EMAIL: larryotter@hotmail.comIN THE NORTHAMPTON COUNTY COURT OF COMMON PLEAS EASTON, PENNSYLVANIA. IN RE: THE NOMINATION PETITIONS OF : ELECTION MATTER WILLIAM ROWE FOR NORTHAMPTON : COUNTY COUNCIL : DOCKET NO: 1 ¢-48-ev-2023-1566 CERTIFICATE OF SERVICE Lawrence M. Otter, Esquire, counsel for Petitioner, hereby certifies that a true and correct copy of the within Notice of Appeal and Order for Transcript was duly served by hand delivery or as otherwise noted on March 22, 2023 upon the following: BY HAND President Judge Khoury Northampton County Courthouse Easton, PA Senior Judge Edward Reibman Northampton County Courthouse Easton PA Director Bureau of Elections: ‘Northampton County Courthouse Easton, PA Court Reporter to Senior Judge Edward Reibman ¢fo Court Administration Northampton County Courthouse Easton PA BY EMAIL ONLY: Victor Scomillio, Esq. 1216 Linden St. Bethlehem, PA 18018 Email: ves@bhhslaw.com ENCE M. OTTER, ESQUIRE JRNEY FOR OBJECTORPROTHONOTARY OF NORTHAMPTON COUNTY Holly Ruggiero Melissa P. Rudas, Esq. fom AN Se STEVEN R TOPP Case Number WILLIAM M ROWE C-48-0V-2023-01586 Case Participants Attorney (Plaintiff) LAWRENCE M OTTER, ESQ PO BOX 575 2672612948, SILVERDALE, PA18962 Patitioner STEVEN R TOPP 2246 JENNINGS ST BETHLEHEM, PA18017-4824 Respondent WILLIAM M ROWE 19 E DEPOT ST HELLERTOWN, PA18055 Attorney Relationships Petitioner Attorney Petitioner TAWRENCE MOTTER, ESO STEVEN R TOPE PROTHONOTARY DOCKET ENTRIES Entry Date _ Description Pages 03/20/2023 ORDER OF COURT DATED MARCH 17, 2023 FILED WHEREIN IT IS ORDERED SAID PETITION TO SET ASIDE NOMINATING PETITIONS OF WILLIAM ROWE FOR NORTHAMPTON COSUNTY COUNCIL IS DISMISSED. REIBMAN, S.J,, 3/21/23 EXIT N & CTO COUNSEL &/OR PARTIES OF RECORD PURSUANT TO RULE 236, 03/15/2023. Sheriff's Return - Civit Action - Standard - Order Sheriff Costs: $0.00 03/13/2023 ORDER OF COURT DATED MARCH 13, 2023 FILED WHEREIN IT IS HEREBY ORDERED AND DECREED THAT THE MATTER IS ASSIGNED TO THE HONORABLE EDWARD D. REIBMAN. IT IS FURTHER ORDERED THAT THE PARTIES SHALL APPEAR FOR AHEARING ON WEDNESDAY, MARCH 15, 2023 AT 9:00 AM IN COURTROOM 8. KOURY, JR,, P.J, EO DIE EXIT COPY AND NOTICE TO COUNSEL ANDIOR PARTIES OF RECORD PURSUANT TO RULE 236. (e)omneSute Cl Cont eee, He03/13/2023 PETITION TO SET ASIDE NOMINATING PETITIONS WITH CERTIFICATE OF SERVICE 7 FILED BY LAWRENCE M. OTTER, ESQUIRE. “Total Number of Pages 76 March 22, 2023 Printed By: CC lo caunySute nt our Tost, he