··.

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

In Re: Nomination Petition of

Joseph C. Gale for the Republican
Nomination for Lieutenant Governor
of the Commonwealth of Pennsylvania No. 116 M.D. 2018
in the Republican Primary
of May 15,2018

Petition of: Robert B. Sklaroff

ORDER

AND NOW, this 20th day of March, 2018, upon consideration of the
petition filed by Robert B.Sklaroff (Objector) to set aside the nomination petitions
of Joseph C. Gale (Candidate) as a Republican candidate for the office of Lieutenant
Governor, it is hereby ordered:
1. The petition to set aside the nomination petitions of Joseph C.
Gale (Joe Gale) as Republican Candidate for the office of Lieutenant Governor is
GRANTED.
2. The Secretary of the Commonwealth is directed to REMOVE the
name of Joe Gale as a Republican candidate for the office of Lieutenant Governor
from the ballot for the Republican Primary to be held on May 15,2018.
3. The Chief Clerk shall notify the parties hereto and their counsel
of this order and also certify a copy hereof to the Secretary of the Commonwealth.

~
P. KEVIN BROBSON, Judge
==- CertffledfromtheRecord

MAR 20 2018

and Order ExIt

 IN THE COMMONwEALTH COURT OF PENNSYLVANIA

In Re: Nomination Petition of

Joseph C. Gale for the Republican
Nomination for Lieutenant Governor
of the Commonwealth of Pennsylvania No. 116 M.D. 2018
in the Republican Primary Heard: March 16) 2018
of May 15,2018

Petition of: Robert B. Sklaroff

BEFORE: HONORABLE P. KEVIN BROBSON, Judge

OPINION NOT REPORTED

MElVIORANDUM OPINION
BY JUDGE BROBSON FILED: March 20, 2018

Before this Court is a petition filed by Robert B. Sklaroff (Objector) to

set aside the nomination petitions of Joseph C. Gale! (Candidate) as a Republican

candidate for the office of Lieutenant Governor. Candidate seeks to appear on the
ballot in the' Republican Primary Election scheduled for May 15, 2018
(2018 Republican Primary). We grant Objector's petition to set aside.
Candidate's affidavit, filed with Candidate's nomination petitions,
contains a ~igned and sworn statement by Candidate that he is eligible for the office
of Lieutenant Governor, and Objector challenges Candidate's affidavit on the basis

that Candidate does not meet the requirement that he attain 30 years of age to be

I TheCourt observes that the name set forth on the nomination petitions is Joe Gale, which
appears to be. a shortened form of Joseph C. Gale. Candidate's affidavit sets forth his name as
Joseph C. Gale.and requests that his name appear on the ballot as Joe Gale.
 IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN RE: NOMINATION PETITION DOCKET NO. - MD - 2018

OF JOSEPH C. GALE
FOR THE REPUBLICAN NOMINATION ELECTION LAW MATTER
FOR LIEUTENANT GOVERNOR OF
THE COMMONWEALTH OF PENNSYLVANIA :
IN THE REPUBLICAN PRIMARY
OF MAY 15,2018.

ORDER

AND NOW,. this 15th .day of March 2018, upon consideration of the Application for Relief and
the ANSWER. thereto: it is

ORDERED, that the Application for Relief is DENIED.

By the Court:

J.
 6. After the candidate's brother entered his appearance/representation [residing at
the same address as does the candidate and their family], he was immediately [in the afternoon]
contacted by telephone [as is the stated-desire of the Court] but, after having identified himself
and the reason for having placed the call, the Petitioner was told, "I have nothing to say to you."

. , 7. Also, to maximize judicial efficiency, a non-urgent notification telephone-call

was placed to Mr. Michael A, Cibik, Esquire, after having been informed of a parallel filing
[noting that he is a-prior acquaintance of the Petitioner], although no return-contact supervened.

8. Thus, the filing of this instant Application was perceived as irksome, but easily
resolved by implementing the aforementioned plan, to wit, personally plunking-down all
paperwork in front of the candidate's nose @ 10 a.m. E.D.T. immediately prior to the initiation
of the meeting [with the provision of the paperwork punctuated-after eye-contact had been
L. .established-by "You are hereby ... served."] at One Montgomery Plaza [8th Floor, Norristown,
PA [the candidate's place-of-work, inasmuch as his campaign-office is merely a post-office box].

\ 9. . After discussion with Commonwealth Court staff and the Chief Clerk, it was
determined that two documents needed to be filed to complete the preparatory phase [prior to the
Hearing], to wit, [a]-the proof-of-service of the initial filing to the Acting Secretary of the
Commonwealth [rather than to the department's legal representative, who will probably receive
if in due course], and [b]-a statement that the candidate had been personally served [noting the
lack of any need to remit media such as a thumb-drive because no signatures were challenged].

WHEREFORE, the Petitioner prays that this Honorable Court enter Order that the
Application for Reliefis DENIED.

Respectfully submitted, .

~ ill. S~ 0[.<;1).
Robert B. Sklaroff, M.D.
Prose
1219 Fairacres Road
Rydal, Pennsylvania 19046-2911
[Abington]
rsklaroff@gmail.com
Telephone: 215-333-4900
Fax: 215-333-2023
 IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN RE: NOMINATION PETITION DOCKET NO. 116 - MD - 2018

OF JOSEPH C. GALE
FOR THE REPUBLICAN NOMINATION ELECTION LAW MATTER
FOR LIEUTENANT GOVERNOR OF
THE COMMONWEALTH OF PENNSYLVANIA :
IN THE REPUBLICAN PRIMARY
OF MAY 15,2018
•

. ANSWER TO "APPLICATION FOR RELIEF" REGARDING

THE "PETITION TO SET ASIDE THE NOMINATION PETITION OF JOSEPH C. GALE
FOR THE REPUBLICAN NOMINATION FOR LIEUTENANT GOVERNOR OF
. THE COMMONWEALTH OF PENNSYLVANIA
, IN THE REPUBLICAN PRIMARY OF May 15,2018"

TO: THE HONORABLE JUDGES OF THE COMMONWEALTH COURT OF

PENNSYLVANIA

Petitioner Robert B. Sklaroff, M.D. [the "Petitioner"] files this Answer to the "Application for
.Relief' regarding the "Petition to Set Aside the Nomination Petition of Joseph C. Gale for the
. Republican Nomination for Lieutenant Governor of the Commonwealth of Pennsylvania for the
Primary to be held on May 15,2018" and, in support thereof, respectfully represents as follows:

NARRATIVE

1. On the evening of March 12, 2018, a copy of the initial Order was receive via
U.S. Mail and', therefore, an effort was initiated to interact with both the Commonwealth Court
and theP ACFile staffers to rectify whatever had been incompletely filed the prior week.

2. During the morning of March 13, 2018, two "pro se" access #'s were provided
and implemented [3FKEPK3V and AWJPPV4Q] which not only empowered Petitioner to access
filings, but also provided instant-availability of both the initial and the subsequent Order.

3.. It was noted that it had been chronologically impossible to honor the deadline in
the initial Order when it had first been reviewed following said-deadline.

4. Therefore, immediate efforts were initiated to "send everything to everyone

ASAP," evidenced by the appended Exhibit [with regard to all parties, including the candidate J.

5. Following interaction with Commonwealth Court staff, the plan was articulated
and effectuated that personal provision of all documents would be provided to the candidate at
the bimonthly meeting of the Montgomery County Board of Commissioners.
 IN THE COMMONWEALTH COURT OF PENNSYLVANIA

..
IN RE: NOMINATION PETITION DOCKET NO. - MD - 2018
OF JOSEPH C. GALE
FOR THE REPUBLICAN NOMINATION ELECTION LAW MATTER
FOR LIEUTENANT GOVERNOR OF
THE COMMONWEALTH OF PENNSYLVANIA
IN THE REPUBLICAN PRIMARY
OF MAY 15,2018·

ORDER

AND NOW, this _ day of March, 2018, upon consideration of the Petition to Set Aside the
Nomination Petition of Joseph C. Gale for the Republican Nomination for Lieutenant Governor of the
Commonwealth of Pennsylvania for the Primary to be held on May 15,2018 [the "Petition"]; it is

ORDERED, that the Objection to the Petition is SUSTAINED; and it is further

ORDERED, that the Order is GRANTED that the Nomination Petition of Joseph C. Gale for
inclusion on the ballot in the Republican Primary of May 15, 2018 for the Office of Lieutenant Governor
of the Commonwealth of Pennsylvania be, and the same hereby is hereby, STRICKEN and set aside in
its entirety; and it is further

ORDERED, that the Department of State is not to certify the name of Joseph C. Gale for
inclusion on the ballot in the Republican Primary of May 15, 2018 for the Office of Lieutenant Governor
of the Commonwealth of pennsylvania ..

By the Court:

J.
 IN THE COMMONWEALTH COURT'0,FPENNSYLV ANIA

IN RE: NOMINATION PETITION DOCKET NO. -MD-2018

OF JOSEPH C. GALE
FOR THE REPUBLICAN NOMINATION ELECTION LAW MATTER
FOR LIEUTENANT GOVERNOR OF
THE COMMONWEALTH OF PEN'NSYL VANIA
IN THE REPUBLICAN PRIMARY
OF MAY 15,2018

PETITION TO SET ASIDE THE NOMINATION PETITION OF JOSEPH C. GALE

FOR THE REPUBLICAN NOMINATION FOR LIEUTENANT GOVERNOR OF
THE COMMONWEALTH OF PENNSYLVANIA
IN THE REPUBLICAN PRIMARY OF May 15,2018

TO: THE HONORABLE JUDGES OF THE COMMONWEALTH COURT OF PENNSYLVANIA

Petitioner Robert B. Sklaroff, M.D. [the "Petitioner"] files this- Petition to Set/Aside the Nomination
Petition of Joseph C. Gale for the Republican .Nominatlon for Lieutenant Governor of the
Commonwealth of Pennsylvania for the Primary to be held on May 15, 2018 [the "Petition"] and, in
support thereof, respectfully represents as follows:

INTRODUCTION, PARTIES AND JURISDICTION

1. On May 15, 2018, a Primary Election will be held in the Commonwealth ofPenrsylvania
[the "Primary"], at which Primary-registered voters of the Republican Party will be selecting, inter alia,
a candidate to be the Party's nominee for Lieutenant Governor of the Commonwealth of Penns~lvania in
the General Election to b~ held on November 6,2016 [the "General Election"].

2. Petitioner is a duly-qualified and validly-registered and -enrolled elector of the

Republican Party in Pennsylvania, and is a resident of Pennsylvania; his address is 1219 Fairacres Road,
Rydal [Abington Township], Pennsylvania, 19046-2911, and he understands that the statements herein
are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.

3. Respondent, Robert Torres, is the Acting Secretary of the Commonwealth, whose office
is located at 305 North Office Building, Harrisburg, PA 17120-0102.

4. Respondent, Joseph C. Gale ["Gale"], who has given his address as 628 Launfall Road.,
Plymouth Meeting, PA 19462-2116, filed on March 2, 2018, a Nomination Petition seeking to be listed
on the Republican ballot.in the Primary as a candidate for Lieutenant Governor of the Commonwealth of
Pennsylvania in the General Election [the "Nomination Petition"].

5. By information and, belief, Petitioner avers Gale will not attain the age of 30 years until
March, 2019.
 6. The validity of the signatures on the Nomination Petition is not being challenged and,
thus, no Exhibit has been appended hereto and no digital-media device has been generated.

7. The eligibility to be certified to run for Lieutenant Governor is governed by the

Constitution of the Commonwealth of Pennsylvania, Article IV § 5.

OBJECTION TO NOMINATION PETITION

8. A candidate for a Political Party's nomination for Lieutenant Governor must comply with
Article IV § 5 of the Constitution of the Commonwealth of Pennsylvania, to wit, that "No person shall
be eligible to the office of .. '. Lieutenant Governor ... except a citizen of the United States, who shall
have attained the age of thirty years .... "

9. When Gale filed his Nomination Petition on March 2, 2018, he was 29-years-old and,
thus, had not attained the age of thirty years.

WHEREFORE, the Petitioner prays that this Honorable Court enter an Order as follows:

.
1. That the Objection to the Petition is SUSTAINED; and
,

2. That .the Order is GRANTED that the Nomination Petition of Joseph C. Gale for
inclusion on the ballot in the Republican Primary of May 15, 2018 for the Office of
Lieutenant Governor of the Commonwealth of Pennsylvania be, and the same hereby
is, STRICKEN and set aside in its entirety; and

3. That the Department of State is not to certify the name of Joseph C. Gale for
inclusion on the ballot in the Republican Primary of May 15, 2018 for the Office of
Lieutenant Governor ofthe Commonwealth of Pennsylvania; and

4. Thatfurther relief be granted as this Court deems necessary and just.

Respectfully submitted,

0Lk,x ill. S~ 'DIU]).

Robert B. Sklaroff, M.D.
,. Pro se
1219 Fairacres Road
r, Rydal, Pennsylvania 19046-2911
[Abington]
rsklaroff@gmail.com
Telephone: 215-333-4900
Fax: 215-333-2023
 IN THE COMMONWEALTH COURT OF PENNSYLVANIA

·r t '
IN RE: NOMINATION PETITION DOCKET NO. - MD - 2018
OF JOSEPH C. GALE
FOR THE REPUBLICAN NOMINATION ELECTION LAW MATTER
FOR LIEUTENANT GOVERNOR OF
THE COMMONWE;AL TH OF PENNSYLVANIA
IN THE REPUBLICAN PRIMARY
OF MAY 15,2018 ,

AND NOW, this _ day of March, 2018, upon consideration of the Petition to Set Aside

the Nomination Petition of Joseph C. Gale for the Republican Nomination for the Office of

Lieutenant Governor of the Commonwealth of Pennsylvania for the Primary to be held on May

15, 2018 [the "Objection"], a Rule is granted, directed Joseph C. Gale [the "Respondent"]

requiring Respondent to show cause why the prayer of the Objection should not be granted.

Rule returnable the, _' _ day of March, 2018 at m, in the Room

_________________________ , Pennsylvania.

Service of this Rule and the Objection shall be made within __ days upon the

Commissioner' of the Bureau of Commissions, Elections and Legislation, the Secretary of the

", Commonwealth and the Respondent by U.S. Mail.

BY THE COURT:

J.
IN RE: NOMINATION PETITION DOCKET NO. 116 - MD - 2018
OF JOSEPH C. GALE
FOR THE REPUBLICAN NOMINATION ELECTION LAW MATTER
FOR LIEUTENANT GOVERNOR OF
THE COMMONWEALTH OF PENNSYLVANIA :
IN THE .REPUBLICAN PRIMARY
OF MAY 15,2018

CERTIFICATE OF SERVICE

I, Robert B. Sklaroff, M.D., do hereby certify that both served the Department of State
[both the Acting Secretary of the Commonwealth and the Elections Bureau] and the candidate
with ALL paperwork [i. e., the initial filing and the two Orders] and, further

. I will cause a true and correct copy of the foregoing Answer to the "Application for
Relief" regarding the "Petition to Set Aside the Nomination Petition of Joseph C. Gale for the
Republican Nomination .for the Office of Lieutenant Governor of the Commonwealth of
Pennsylvania for the Primary to be held on May 15, 2018," to be served upon the candidate
personally on March 16,2018 at ~ 9:30 a.m.

~ ill.S~ 01t.CD.
Robert B. Sklaroff, M.D.
Prose
1219 Fairacres Road
Rydal, Pennsylvania 19046-2911
[Abington]
rsklaroff@gmail.com
Telephone: 215-333-4900
Fax: 215-333-2023