IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA = 0 CIVIL DIVISION IN RE: COUNTY COMMISSIONER VACANCY FOR THE COUNTY OF NORTHAMPTON. : No.: C-48-CV-2024-00790 IN RE: APPOINTMENT OF A COUNTY COMMISSIONER TO FILL THE, VACANT SEAT ON THE, NORTHAMPTON COUNTY COUNCIL. : Po) Pe AND NOW, this 6th day of February, 2024, upon consideration of County Council Now: C-48-CV-2024-00791 President Lori Vargo-Heffner’s Petition to Appoint County Commissioner for the County of Northampton, itis hereby ORDERED and DECREED that this Court, pursuant to Section 105 of the Northampton County Home Rule Charter, appoints Jeffrey A. Corpora, M.Ed. to fill the vacant seat on the Northampton County Council tis further ORDERED that Councilmembers Kenneth Kraft, Kelly Keegan, and Jeffrey ‘Warten’s Petition to Appoint a County Commissioner to Fill the Vacant Seat on the Northampton County Council is hereby DISMISSED as moot. BY THE COURT: CRAIG A. DALLY, iINTHE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA 20 CIVILDIVISION cen 4, NO IN RE: COUNTY COMMISSIONER : VACANCY FOR THE COUNTY OF No. C-48-CV-2024-00790, NORTHAMPTON. : to IN RE: APPOINTMENT OF A COUNTY = COMMISSIONER TO FILL THE Not C-48-CV-2024-00791 VACANT SEAT ON THE NORTHAMPTON COUNTY COUNCIL. + STATEMENT OF REASONS CORY Factual and Procedural History! two dueling petitions to fill the vacancy on the Northampton County Council created by former Councilmember Tara Zrinsk's election as the Northampton County Controller in the ‘municipal election of November 7, 2023 were presented to the undersigned in ‘Motions Court on Friday, February 2, 2024, Ms. Zrinski was elected to her position as an at-large county councilmembet in the municipal election of November 7, 2017 and resigned from this position on Fanuaty 2, 2024. Northampton County Council failed on two occasions, January 18, 2024 and February 1, 2024, to fill this vacancy by resolution. On Thursday, February 1, 2024 County Couneil President Lori Vargo-Heffner moved (0 petition this Court to fill the vacancy in accordance with the terms of Section 105 of the Northampton County Home Rule Charter due tothe Couneil's deadlock. Ses Exhibit A, at 1. Councilmember Kenneth Kraft seconded this motion. 1d. The motion passed, by @ vote of 5-3, ‘with Councilmember Kraft voting for the motion Id. at 2. Christopher Spadoni, Esquire, solicitor ee GANDA w iis Opinion i the pertinent portion of the Northampton County Council Meeting Minutes 9 Fouy 1 2024, ExhibieB, are the Notes of Testimony fom the February 2, 2024 hearing inthe sbove-captioned matters,for County Council, indicated he intended to file the appropriate motion the following morning in Motions Court [d, at 3. On Friday, February 2, 2024, Attorney Spadoni presented a Petition to Appoint County Commissioner for the County of Northampton, prepared at the direction of County Council in accordance with the motion duly made, on bebalf of Council President Li \Vatgo-Heffner asking the Court to appoint a qualified individual to fill the vacancy. Contemporaneously, County Solicitor Melissa Rudas appeared alongside Councilmembers Kenneth Kraft, Kelly Keegan, and Jefftey Warren to present a Petition to ‘Appoint a County Commissioner to Fill the Vacant Seaton the Northampton County Council asking the Court to appoint Paul Anthony to the vacant seat, When questioned by the Court about the County’s standing inthe matter, Attomey Rudas initially opined thatthe County had an interest in the hearing because Attorney Spadoni lacked the authority to present the peti non behalf of County Council in violation of the Home Rule Charter. Exhibit B, at 2. Attomey RRudas later reversed course when questioned further, eventually opining that she had standing as a private citizen and taxpayer of Northampton County to object Attomey Spatoni's petition. Id. at 4-5, Atthe hearing, Councilmember Kraft also argued the Court should not consider Ms YVargo-Hefiner’s petition because Attorney Spadoni was not authorized by Council to file and present the petition, Exhibit B, at 7, 13. The County Couneil minutes belie these assertions; at the February 1, 2024 meeting, Councilmember Kraft seconded the motion made by Council President Vargo-Heffiner to petition the Court due to the impasse and ultimately voted yes on the motion. Exhibit A, at 1-2. Ultimately, the motion to petition the Court was passed by a majority vote of County Council. Exhibit A, at 2.‘Upon finding that both sets of petitioners have standing to bring their respective petitions under the Home Rule Charter, and hearing their arguments, the matters are now ripe for disposition. Discussion Courts have found that the general rules of statutory construction apply when interpreting the provisions of a home rule charter. Cottone v. Kulis, 460 A.2d 880, 882 (Pa. Commw. 1983). [The object of all interpretation and construction ofall statutes is fo ascertain and effectuate the intention” of the governing body. | Pa. C.S. § 1921(@); see also Council of Middletown, ‘Township v. Benham, 523 A.2d 311, 315 (Pa. 1987). Generally, the best indication of & governing body's intent isthe plain language of the statute. Allstate Life Ins, Co. v. Com, 52 'A3d 1077, 1180 (Pa. 2012). “When the words of. statute are clear and free from all ambit they are presumed to be the best indication of legislative intent.” Chanceford Aviation v. Chanceford ‘Twp, Bd. of Supervisors, 923 A.2d 1099, 1104 (Pa. 2007). Section 105 of the Northampton County Home Rule Charter governs the procedure for filing a vacancy in the office of an elected officials,” providing as follows: Section 105. Vacancies in Office G@) Occurrence of Vacancy. A vacancy in the office of an elected official shall occur upon his death, resignation, recall, forfeiture of office, or removal from office (b) Filing of Vacancy. A vacancy in the office of an elected offical shall be filled in accordance with the following provisions, (I) Hfa vacancy in the office of an elected official occurs during the last tivo years of the term of office, the County Council within thirty (30) days after the occurrence shall appoint an individual to fill the vacancy by resolution. Ifthe County Couneil fails to appoint an individual to fill the vacancy within thirty (30) days after the oceurrence of the vacancy, the Court, upon the petition of any member of the County Council or any five (5) registered voters of the County, shall appoint an individual to fill the vacancy within fifteen (15) days after the filing of the petition. The individual appointed to fill the vacancy shall take office 7 Under the Home Rule Charter elected officials are “the nine (9) members of the County Council, the County Exseative, the Contollr, and the District Attorney.” Northampton County Home Rule Charter, § 101 3immediately upon appointment and shall serve the unexpired term of office of the elected official. {Q) Ifa vacancy in the office of an elected official oceurs during the first two (2) years of the term of office, an individual shall be appointed in accordance ‘with the preceding paragraph of this subsection to serve only until the certification of the results of the next election to be held in the County no sooner than sixty (60) days after the occurrence of the vacancy. At this election, the registered voters of the County shall elect an individual to fill the vacaney. The individual looted to fill the vacancy shall take office immediately following the certification of the results of the election and shall serve the unexpired term of office of the lected official ‘Northampton Cnty, Home Rule Charter § 105. Based upon the unambiguous language of Section 105(b), the Northampton County Home Rule Charter expressly grants the authority and diseretion to select any qualified individual to fill a vacancy in the office of an elected official to the Northampton County Court ‘of Common Pleas, when petitioned, if County Council fails to fill the seat within the allotted time, Here, Council President Vargo-Heffhner petitioned the Court to fill the vacaney on County Council, in accordance with Council’s February 1, 2024 duly passed motion, in light of Couneil’s failure to fill the vacancy within thirty (30) days. Pet. to Appoint County Commissioner for the Cnty, Of Northampton, ff 1, 3, 6 Upon consideration of this petition, the Court will exercise its disereton and hereby appoints Jeffrey Corpora, M.Ed, to fill the vacant seat on the Nosthampton County Council in accordance with Section 105(b) of the Northampton County Home Rule Charter. Consequently, based upon the Court's appointment of Jeffrey Corpora, Councilmembers Kraft, Keegan, and ‘Warren's petition seeking to appoint Paul Anthony is dismissed as moot WHEREFORE, the Court enters the following Order:consideration of Filling the Vacancy on the Northampton County Council Resolution Ms. Vargo Heffner announced that County Council would again consider voting on the vacancy nomination and then if Council Secided on a candidate the resolution of an appointment. She stated any such nominee would have to arrange with Court Administration to be sworn in before the February 15, 2024 meeting. Ms. Vargo Heffner called for the first nomination vote. The vote: Kraft, “Anthony”; Keegan, “Anthony”; Warren, wanthony"; Heckman, “Anthony”? Brown, “Myers”; Giovanni, “Myers”; Goffredo, “Myers” and Vargo Heffner, “Myers.” he vote was four for Mr. Anthony and four for Mr. Myers. Ms. Vargo Heffner stated that she was willing to take another round of voting, but asked if anyone was willing to move on their decision. Me. Heckman stated that the first time Council attempted to ¢i11 this vacancy he offered an alternative with his reasons why, but it was not getting traction so he decided to change his vote tn the hopes of being able to conclude the nomination process. He further stated that he did not know if there was a viable alternative that would get the votes or not. Ms. Vargo Heffner called for a second nomination vote, in which she would change her vote in the spirit of getting to five. The vote: Vargo Heffner, “Melan”; Giovanni, | “Melan,” Goffrede, “Melan”; Heckman, “Anthony”; Keegan, “Anthony”; Kraft, ‘Anthony”; Warren, “Anthony” and Brown, “Melan.” the vote was four for Mr. Melan and four for Mr. Anthony. Ms. Vargo Heffner stated at this time she would like to make a motion to end the vacancy to the Court as they vere at an impasse and it made no sense to continue with four to four votes. Mr. Kraft seconded the motion. | Me. Heckman advised he had experienced placing people or | coune}i and it has been unpleasant, and is not an easy task, and people are alwaya angry, and he would prefer Council handle it as i EXHIBIT jadait had in the past, but at this point for the first time in his experience they were at an impasse. He further advised he didn’t necessarily agree with going to the Court but he would be in favor of it. Mr. Warren stated that he had time to reflect over the last two weeks and the one phrase that continues to be emphasized is ‘this Council has to be the governing body of the County. He further Stated he did not understand, with the credentials and quite the resume, what would make the Council not the governing body of the county with Mr. Anthony as the ninth member. Ms. Keegan advised that she agreed with Mr. Warren, that Mr. Anthony is on three County committees and had been on one for eight years. She further advised that was almost a decade that he showed iy dedication and had proven himself through his work on the bridge projects; and she had also reflected upon why this would not be the governing body with Mr. Anthony on the dais. Ms. Keegan stated that she was here to represent the constituents and would vote in their best interest. She further Stated that she was not the derogatory rubber stamp, which there was no evidence of, and that members were also assuming that Paul Anthony would be a rubber stamp too. She stated she didn’t know Where this was coming from, but she felt this was derogatory and ingulting and violated the Code of Civility. Ms. Keegan advised Mr. Anthony was the most qualified for this position, and she did not understand why they were considering a less qualified candidate. She advised they were called rubber Stamps but it seemed the other Council members wanted their own rubber stamp. Mr. Heckman stated if she was offended by the term rubber stamp she should be ready over the next four years to be called @ {ot horse, and she should not read social media. He further stated he knows of no one on Council who used the term rubber stamp, and he just S8wanted to inject some levity. Mr. Kraft advised Ms. Vargo Heffner had made a motion that was seconded and he would like to call for the vote because this wauld become a rehash of candidate qualifications and they should get to it. he vote: Vargo Heffner, “yes”; Kraft, “yes; Warren, “nos brown, “yes”; Giovanni, “yes”: Goffredo, “no”; Heckman, “yes” and Keegan, “no.”The motion passed by a vote of 5-3. Mr. Spadoni indicated that he had prepared a petition in case this was the outcome tonight and it was his intention to file the following morning in motions court if anyone would like to attend. In answer to Mr. Kraft’s question about what he was presenting on Council’s behalf, Mr. Spadoni stated a blank petition to fill the vacancy on County Council within 15 days in accordance with the Home Rule Charter, that there was a vacancy, and two meetings of votes, and that it was now up to the Court to fill the vacancy. fe further stated he would provide the list of 20 applicants but that at this point the Court could choose who they wished.COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION cv-2024-00790 Cv-2024-00791 IN RE: COUNTY COMMISSIONER VACANCY FOR THE COUNTY OF NORTHAMPTON, IN RE: ; APPOINTMENT OF A ‘ COMMISSIONER TO FILL {THE VACANT SEAT ON THE: NORTHAMPTON COUNTY 7 {COPY COUNCIL NOTES OF PROCEEDINGS BEFORE THE HONORABLE CRAIG A. DALLY, President Judge, Northampton County, Third Judicial District, Easton, Pennsylvania, on Friday, February 2, 2024. APPEARANCES: BY: CHRISTOPHER T. SPADONI, ESQUIRE 1413 Easton Avenue P.O, Box 522 Bethlehem, PA 18016 =- For the Petitioner ALSO PRESENT: MELISSA RUDAS, KENNETH KRAFT, & JEFFREY WARREN MARIA V ROOKS Official Court Monitorw ne ew TVs a 12 13 14 15 16 17 18 19 20 au 22 23 24 25 MR. SPADONI: Your Honor, if the Court pleases. There are a number of people here, may they come forward? THE COURT: Sure. MS. RUDAS: Yeah. Well, they're opposing it so -- they're representing themselves, Your Honor, just so you know. I'm here for the County. They are pro se. THE COURT: Okay. So you're here for the County. What standing does the County have in this? Ms. RUDAS: Well, I think there's a violation in the Home Rule Charter. We have standing to object to this. THE COURT: Okay- Did you file anything? MS. RUDAS: This was -- no because this was just done last night at nine o'clock when Chris said he was going to bring the petition in today. THE COURT: Okay. So who wants to go first? You presented the petition -~ MR. SPADONI: If the Court pleases, Judge. THE COURT: Yes. I just didn't knowowa we Wd HEH 11 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 what standing the County has. The Home Rule Charter is pretty clear. MR. SPADONI: Your Honor, if I may. There was a resignation from Tara Zrinski, who was 4 commissioner and county councilperson. She was elected as Northampton County Controller. She resigned, I believe, as of January 2nd. The Home Rule Charter allows county council to address that vacancy for 30 days. That got us to yesterday, February ist. There were two meetings in that time frame; one, I believe, on January 18th, and it's in the petition, and one on February Ist. There was hard work done by county council and they received initially, and I'm not sure on the exact number, but it was about 27 or 28 resumes and letters of interest. And over the course of consideration there were some withdrawals of names of those submissions. Attached to the petition, which Your Honor has, is a listing of the people that submitted resumes and letters of interest. I only put their names in there because there was some concerns on my behalf last night about their privacy as to their phone number, their address, and what have you. 7So oe oS a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 put in the petition that all of that documentation is available for the Court -- I see the Court Administrator here as well -- available for the Court's review. Following the Home Rule Charter, if it ig not filled within 30 days by county council, which it hasn't been, five citizens or any council member, and there are three here today, and T was advised on the phone that there was going to be another one here today, but he is not here. I am presenting a petition that has been executed and verified by the President of Council, Lori Vargo-Heffner. And if you read the petition, and I believe it's paragraph two, it says that any member of county council can petition the court, so that has been satisfied. I certainly would say that these council members can join in that or file their own petition or approach the court in that regard, but that's where we're at. THE COURT: Okay. You wish to speak now or -- MS. RUDAS: So, Your Honor, if you don't feel that I have standing as the county solicitor for the County, then you can consider me a private citizen and taxpayer of Northampton County,aus wn 10 i 12 13 14 15 16 aq 18 19 20 21 22 23 24 25 and I have a right to object. THE COURT: I don't disagree with that. MS. RUDAS: So Your Honor, first of all, Attorney Spadoni is correct in what the Home Rules Charter says about who can file a petition. And here's the problem. You've got three commissioners here -— and I don't represent them, they'xe going to speak for themselves ~~ who are here that don't agree with that petition. They have their own petition. Furthermore, none of the other commissioners are here to testify about their petition. Also Attorney Spadoni cannot represent individual council members, he can only represent council as a whole. Clearly, you've got three commissioners here who don’t agree with this petition. So he's not representing council as a whole, he's representing, apparently, Miss vargo-Heffner, who's the one who signed the verification. He cannot represent her individually. qhey'd have to retain their own counsel or come in pro se to do a petition, So this petition is not properly before you, Your Honor. MR. SPADONI: If T may be heard,wn orn ne 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge? THE COURT: Sure. MR. SPADONI: 1 have referenced that concern in paragraph six. Last night at county council meeting there was a motion, second, and yote, which I believe, and correct me if I'm wrong, + pelieve it passed unanimously to proceed to court. MR. KRAFT: No, it did not. It was five to three. MR. WARREN: It did not, Mr. Spadoni. It was five to three. MR. SPADONI: Okay. But it passed. So that is the basis for my authority of appearance before Your Honor. But certainly if there are other petitions, they can be filed. MR. KRAFT: I'd like to speak to that. MS. RUDAS: I'll turn it over to ~~ {THE COURT: Hold on. We're going to swear you in, all three of you, please. (All parties were duly sworn.) TRE COURT: Okay. If you could just identify yourself for the record, please. MR. KRAFT: Ken Kraft, former President of Northampton county council, now a member of the county council. Mr. Spadoni can'teae ete 11 12 13 14 15 16 17 18 19 20 a1 22 23 24 25 appear here unless we vote to have Mr. Spadoni appear and bring a petition down. We did not have a vote to the four or to the five, to the eight menbers that are there to ask Mr. Spadoni to come down here to represent us. I feel that the Court knows what they're doing. You know the Home Rule charter, and there's no reason for Mr. Spadoni to cone down and give a petition that I have not even seen. I don't know, did anybody see that? MR. WARREN: I have not. MR. KRAFT: So we don't -~ I don't even know what Lori Vargo-Heffner signed. THE COURT: Are you entitled to services of the petition? MR. KRAFT: She is entitled to come here by herself and serve her petition if she has one for herself. THE COURT: That's your position. Okay. I understand. MR. KRAFT: Yeah, we're all here individually. We're here to serve a petition for somebody else, irregardless of this. But Mr. spadoni was not given the authorization to come down here and do this by a vote of full council. THE COURT: So what vote was takenowas Ww dE it 12 13 14 15 16 17 18 19 20 ai 22 23 24 25 then that he's referenced in the ~~ MR. KRAFT: The vote he is referencing dis we decided that we were at an impasse. They kept picking different names. We had the same name the entire time, and we decided to send it to the Court. That means we give up. We're no longer going to do this deliberating. We're going to let the Court do what they do starting today. THE COURT: Okay. MR. KRAFT: That's the only vote we had. THE COURT: Okay. Not to have a petition -- MR. KRAFT: We did not have a specific yote called for to have Mr. Spadoni come down here and bring any petition for anybody. Although it was announced to the public two weeks ago and this week, that anybody who so desires can come down with five signatures, or any member of council can come down here and put a petition in for who we think should fill the position. THE COURT: Okay. But -- all right. so your interpretation of the Home Rule Charter is that since council hasn't filled the position, that now you can recommend somebody. Is that what you'reat 12 13 14 15 16 17 18 19 20 21 22 23 24 25 saying? MR. KRAFT: Well, any member of county council can recommend -- the charter says any member of county council can bring down a petition for ~~ to fill this said -- to fill the position. Mr. Spadoni, you can fill in on that if you want. THE COURT: It says, if county council fails to appoint an individual to fill the vacancy in 30 days after the occurrence of the vacancy, the Court, upon petition of any member of county council or any five registered voters, shall appoint an individual to fill the vacancy within 15 days after the filing of the petition. MR. KRAFT: Right. The Court, upon petition of any member of county council -- we're ~~ THE COURT: Right. MR. KRAFT: -- we're three members, SO we're going to have petitions to ask you to fill with a name, but as for this, what we're doing right now -~ THE COURT; But it doesn't say county council appoints the person, it says that the Court —— MR. KRAFT: No, no, no, you ~~ you appoint them. We could just petition the Court.wn ere ew Hau 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 THE COURT: So you're making a recommendation then? MR. KRAFT: No, no, we can just recommend. We're just bringing down a petition to recommend. That's all. THE COURT: Okay. MR. KRAFT: But we did not vote to have Mr. Spadoni come down and give any petition. THE COURT: Okay. MR. KRAFT: That's -- that's what I'm trying to say- THE COURT: All right. I'm just trying to figure out what part of the Home Rule Charter you're utilizing. MR. KRAFT: Right. THE COURT: Because you're saying you're going to present a petition to appoint a -- an individual. MR. KRAFT: That's -~ THE COURT: That's not what the Charter says. MR. KRAFT: That's for you to appoint, sir. THE COURT: That's not what the Charter says.Bowne ora 4Tu a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ui MR. KRAFT: Correct. I'm just saying why -- for this argument we did not vote as a whole to have Mr. Spadoni come here and represent us. Ms. RUDAS: As the Charter says, though, Your Honor, that five individuals or any member of council can present a petition -- THE COURT: Yes. MS. RUDAS: -- to Your Honor to request an appointment. THE COURT: Right. MS. RUDAS: I think that's - THE COURT: That's not disputed. Ms. RUDAS: Right. And I think they have their own petition. MR, WARREN: Yes, we do, Your Honor. We have our own petition and our own recommendation to provide to you an individual that us three members of county council have not only supported, but we truly believe is the individual that is best qualified for the position as we are moving forward. THE COURT: Okay. MR, WARREN: So I wanted to put that out to the Court and to Your Honor as we're moving forward here. THE COURT: Very well.pwne eadr93]. 4 at 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 12 MR. SPADONI: If I can be heard, Judge? THE COURT: Sure. MR. SPADONI: 1 think the case has een made out that it complies with the Home Rule charter, and it should be known that there is no recommendation in the petition that I filed. THE COURT: Right. MR. WARREN: Your Honor, the vecommendation is for Mr. Paul Anthony who is here in the audience. THE COURT: Wait, this is the same petition you just gave me, It's the same petition as Mr. Spadoni's. MR. WARREN: I think we -~ I think we incorrectly gave you the wrong one. MR. KRAFT: Yes. MR. WARREN: As I mentioned, Your Honor, this is for Mr. Paul Anthony who we are recommending. He is with us today here in the courtroom. And I think it also should be noted that there is no one else of the over 20 applicants that L I believe you have a list, that are here in the courtroom today. So I wanted to just let the Court know that as well.ewan e Wonk 1. 12 13 14 15 16 17 18 19 20 au 22 23 24 25 13 THE COURT: Okay. Very well. So are you going to file this petition? MR. KRAFT: Yeah, we're up next to file the petition. THE COURT: Do you want this back or is this my copy? MR. KRAFT: That's what we're filing. THE COURT: Okay. Do you want it back to file? MR. Warren: That is what we're filing, yes. Yes, sir. Thank you. THE COURT: All right. MS. RUDAS: I don't think Attorney Spadoni has filed his petition. MR. SPADONI: Right. I checked with the Prothonotary, Judge, and they indicated that I should do it after it's been presented to Your Honor. THE COURT: So anything else? MR. KRAFT: Just -- Your Honor, just that I object to Mr. Spadoni's appearance and his petition here. And council did not vote to have him appear on our behalf to bring a petition down. THE COURT: Okay. So your petition -~ you're going to file that -- so your petition isCr a a1 12 13 14 15 16 aq 18 19 20 21 22 23 24 25 14 specific to an individual, correct? MR. KRAFT: Yes. THE COURT: You're not saying you don't want the -- you want the vacancy filled, but you want the vacancy filled by that person? MR. KRAFT: Well, yes, six. THE COURT: Okay. MR. KRAFT: The four of us, we'll -- we'll speak to that when we come up for this petition. But we just -- we're here -~ this is aside from Mr. Spadoni not representing us or giving you a petition of any sorts because we did not vote for that. THE COURT: Okay. MR. KRAFT: Thank you. MR. SPADONI: The petition is verified and signed by the president, Judge. I did not make any representation about county council. THE COURT: By the president of county council. MR. SPADONI: Yes. She is Lori Vargo-Heffner. It was signed by her last night at about nine o'clock. MR. KRAFT: She is not present. MS. RUDAS: And again, she is notwe ne 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 present, and furthermore, he can't represent Ms. Vargo-Heffner or any member of council personally. THE COURT: Okay. MS. RUDAS: They have to bring their own petitions. THE COURT: Is she available? MR. SPADONI: She's available by phone, Judge. MS. RUDAS: I would object to that. She knew last night when Attorney Spadoni announced this at the meeting that -~ MR, SPADONI: If I may be heard, please? MS. RUDAS: this was going to be heard at 9 a.m. today. We are all here. We've all changed our schedules to be here. MR. SPADONI: Judge, I've been an officer of the court for 48 years. I have represented thousands of people before this court and others. She executed the verification and the petition in my presence, and I am representing that petition for Your Honor's consideration. THE COURT: Well, the thing is -- that doesn't prevent you from filing this, correct? MR. SPADONI: Correct.eran e wn a1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 THE COURT: The Court is not going to be ruling on this today anyway. MS. RUDAS: I'm not suggesting he can't file it, I'm just making my argument as to why it should not be considered, Your Honor. THE COURT: Okay. But I mean, he can file this downstairs and then it'll be considered. MS. RUDAS: But how will it get back to you if we file -- usually in Motions Court, you know, we bring you the petition and then -- THE COURT: I know. But a petition like this, you wouldn't expect a decision the day you bring it in. MS. RUDAS: And is Prothonotary going to bring it up to you or -~ MR. GREENE: I'm going to ask for copies, Judge, of both of them. MS. RUDAS: Okay. MR. SPADONI: And I would represent to the Court, just so we're on the same wavelength, the Court has 15 days. THE COURT: From today's date, you said in your petition. Right. Okay. I'm going to return this to you. MR. SPADONI: TI need to file it,wne 10 1 12 13 17 Judge. THE COURT: Okay. Mr. Spadoni: Your Honor, thank you for your time. THE COURT: All right. So just so I understand, you're going to be filing your petition as well, correct? MR. WARREN: That's correct, Your Honor. THE COURT: All right. Very well. ‘Thank you. MS. RUDAS: Thank you. Have a nice weekend. (Proceedings concluded.)18 CERTIFICATE I HEREBY CERTIFY that the proceedings are contained fully and accurately in the notes stenographically taken by me in the above cause, and that this is a correct transcript of the same. Date: 1 2024 Maria V. Rooks, Official Court Monitor I. The foregoing record of the proceedings in the within matter is directed to be filed. Date: » 2024 CRAIG A. DALLY, President Judge