Although I wish the result were different, I respect the Commonwealth Court's decision rejecting my challenge to the validity of signatures obtained in the Gracedale Initiative. Appellate courts are loathe to disturb findings of fact in lower courts, and for good reason. I am attaching the decision of a three-judge panel, written by Judge Dan Pellegirni.
Next week, the entire bench will hear the County's argument that the Home Rule Charter, by its express terms, prohibits initiatives on any matter that extends to the budget.
Commonwealth Court Appeal of Ohare 269cd11 4-1-11 (1)
70 comments:
Of course I went to law school and took a law degree
And counseled all my clients to plead insanity
I'm Mr. Bad Example, intruder in the dirt
I like to have a good time, and I don't care who gets hurt
I'm Mr. Bad Example, take a look at me
I'll live to be a hundred and go down in infamy
I think Warren had you in mind when he wrote this song.
Bernie
I know you don't agree with this decision, but I personally am very happy that the voters of Northampton county will decide on the issue whether or not they want their tax dollars to pay for GRACEDALE. This is truly democracy as democracy should be. I am eager to see how the voters feel about this issue. I personally will vote to fund Gracedale as long as the necessary steps are taken to cut costs and make Gracedale more effective. Have a nice day Bernie. You Can't win them all.
Jerry seyfried
Jerry, I went down on this one, but there's still another appeal out there, and that's the stronger issue. I fought this bc there is no doubt in my mind, even now, that there was pervasive election fraud. But I respect the decision of the Court.
Anonymous 1:42PM
I think there's much more $$ to be made in hair replacement - swindling the bald. You know - where very few are chosen, and fewer still are called.
Yours in WZ appreciation...
UT
Just look at that sister act in western PA and you need no further proof that the judiciary is neck deep in its own fraud. It's easy to understand that they are loathe to call anything fraud.
I am wondering if the Law Firm the County hired to handle such ventures would have fared better in their challenge? After all that is what they are being paid for.
They may have presented a better case, and met the burden of proof.
I say we drop them, and hire O'Hare as our council.
I fought this bc there is no doubt in my mind, even now, that there was pervasive election fraud.
"a mind is a terrible thing to waste"
you are a smart man it is a shame your mind has been "queered" by the pretzel logic of certain individuals
why does it read Angle was involved
he said he wasn't in on it
and to let the people vote
do you really think even
the "dumb of the dumb" are falling for the fraud he is shoveling
Baseball started yesterday
listen up
15 gazillion strikes Ron and
YOU'RE OUT!!!
Keep in mind people that this was Ron Angles decision for this appeal also, make no bones about that, hes currently trying to detach himself from oharas opinion lately but do not forget this..
couldn't have happened to a nicer man.... NOT!!!!!!!
They WILL forget... they will...
I hope you, Ron Angle and Mr. Stoffa are feeling very proud that you are and have wasted taxpayers money!!!
Stoffa will win the home rule charter appeal. The union will not prevail in this one v. the taxpayers!
As predicted. Simpson backed his old pal Barratta. Stoffa has already lost his appeal as well. AFSCME wins the vote in May. Good luck trying to negotiate cost cuts then. Not gonna happen.
Justice prevails!
Bernie, who are you kidding.....you say you respect the Commonwealth Court's Decision. What a joke.....you don't respect anyone, except maybe Ron Angle!
Bernie thank you for appealing. You were right in doing so. What is surprising is one judge worked in Northampton County and the other one at one time worked for Jane Baker in Lehigh County as a solicitor and later became a judge . Where is the wisdom in assigning the judges to your case? Couldn`t they at least find 3 judges who had no ties to the area ? Yikes!
Jerry wants to save Gracedale but wouldn`t vote for a Stoffa proposed tax increase which would have saved Gracedale back then when he served on Council. White man speaketh with a forked tongue.
7:35 PM
So Bernie the the judges are corrupt
So Bernie can we by your standards ask the judge who has a relative with the Eckard law firm to step down
So Bernie thanks for wasting MY money
So Bernie I appreciate the lies you tell
So Bernie
So Bernie
So Bernie
So Bernie Bottom line you lost I hope you were paid well
Ron surruptitiously placed the "kick me" sign from his back to yours Bernie, when you took up this appeal for him.
How does it feel being the
"April Fool"
LET THE VOTERS DECIDE!! If they say yes, then Stoffa and Council then have the green light to raise taxes from this point on to ensure that Gracedale survives. Period. And, frankly, WHO CARES!!. If the people say yes, then they say yes to endless tax increases. If those in the County who don't like it, then leave. Gawd. This Gracedale matter is like the uncle who never leaves. Let's just get over with and move on.
10:18 your like the uncle who gives you a beer and then molests you at a young age.. and then your stuck w endless therapy sessions..Gawd...! ? ! endless tax increase, really, endless?
BUT YEAH ANYWAYS I AGREE, LET THE VOTERS DECIDE! LET THE TAXPAYERS DECIDE!NOT RICH FAT CATS WHO PUSH THERE AGENDA AND USE TAXPAYERS CASH TO APPEAL THE TAXPAYER!!
"Ron surruptitiously placed the 'kick me' sign from his back to yours Bernie, when you took up this appeal for him. How does it feel being the
'April Fool'"
I will speak out against election fraud every time I see it and would do it all over again. That's how I feel. The fact that I lost does not mean I am wrong. It means that some of you got away with a scam, but the Commonwealth Court has not yet ruled on everything, so if I were you, I'd stop gloating.
Somehow I don't believe anyone spent the counties money. Where does this stuff come from? Do people really believe Stoffa and Angle pay someone to do this? Is the tooth fairy real?
Bill, Supposedly, I am on the take from the County or Eckert and am stealing tapes to boot. The Gracedale Goons prove that mu nickname for them is entirely appropriate.
10:55 PM
sorry about your situation
you know there isn't a statute of limitations if your uncle is still alive notify the police.
You used county funds to sue the county taxpayers through gaining legal advice from the firm that billed its time to the county. We taxpayers of which you by all accounts are a very small contributor want our funds replaced. No one said you're on the take from the county, we inferred you are a paid employee and confidante (see dressed as a woman) of Angle. I for one am 100% sure he pays you to do leg work for him, and give him initial first blush legal advice. Keep dening it bottom line, you owe us money.
We The People-1
Douche Bags-0
Sadly, Old Man Stoffa in his bitter grudge match will spend thousands of tax dollars to send lawyers to Pittsburgh to fight the taxpayers he represents.
Stoffa, the biggest disappointment to have ever served as County Executive.
Angle/Stoffa have lied and deflected facts from day one on this tragic episode in County history.
John Stoffa spending the hardworking and retired citizens of Northampton counties tax money on ways to screw them when and if they are in need of help.
Of course he still wants to spend your money to take care of all those poor drug addicts.
Stoffa's local idea of rationed care. Drug addicts are more important than the disabled and elderly sick.
That will be the legacy of the Angle/Stoffa Regime.
Truth Over Lies!!!
Not Winning.
You are soooooooo right "Truth over Lies" !!!!!
Will the Otter seek attorneys fees for a frivolous appeal? Under the rules of appellate procedure?
I am writing a letter to judge simpson telling him how foul his decision is. I will ask him to cover my tax increase.
If this passes referendum, I hope John Stoffa closes it entirely, and then everyone will be out on the street.
Remember Corbetts' budget address.."our budget is about must have, not nice to have"
AFSCME is putting itself out of business, as we hover around yet another deep recession.
I will vote "no" if I see this ridiculous question appear on the ballot
Whoever wrote:
"As predicted. Simpson backed his old pal Barratta. Stoffa has already lost his appeal as well. AFSCME wins the vote in May. Good luck trying to negotiate cost cuts then. Not gonna happen."
Judge Simpson is as honest and ethical jurist as there is on the bench. Its particularly easy to defend him in this case because he wasn't even on the panel that reviewed the case. Read teh decision before you slander a good judge's name.
"I am writing a letter to judge simpson telling him how foul his decision is. I will ask him to cover my tax increase."
Again, how does this make sense? if you want to write a pointless harassing letter to a branch of the government that is designed to ignore public sentiment, write a letter to one of the three judges on the panel (none of whom were Judge Simpson).
Good for Bernie for fighting the good fight and taking the Court's decision like a professional. I'm disturbed that he himself said the Court followed the law and others are using this to slander the name of a judge I respect and that and had nothing to do with the decision they are criticizing.
Also, to the extent Simpson could have reviewed the opinion as part of a court wide circulation or during conference/assignment, the opinion expressly says:
"Judges Cohn Jubelirer and Simpson did participate in the decision in this case."
He recused himself from the outset. How unethical of him to...you know....recuse himself from the case .....
I'm not even sure why he had to, but I assume he recognized the possibility of an appearance of impropriety.
I'm going to wager that you once appeared before him and lost,
Correction.....I meant to say I will write a letter to Pelligrini, not simpson, as he was not on the panel. The three judges made a terrible decision
The court made a horrible choice. The numbers should have started with the election commission verified signatures, then reduced from that point forward.
There were not enough signatures...they lost this case on procedural points and timing, not the merit.
But its ok because the other 90% of the voters may have their say also, and down it goes
Predictions:
1) Gracedale referendum passes with 2/3 majority because few people read, and most don't like to say "no" to anything.
2) Stoffa plan to downsize Gracedale is immediately implemented to the extent the referendum allows (lots of loopholes, seems written by a waterborne animal).
3) Massive layoffs in all departments (a la Ohio, Indiana, Wisconsin) to balance budget. Unions win the battle of Gracedale, but are slaughtered in the overall war.
4) Taxpayers will still get half of that 20% Gracedale tax bomb.
It's like watching sausage get made.
To be clear, Judge Simpson was not part of the three-judge panel that decided this matter. I believe the reference to him at the end of the opinion is a typo and meant to say that Judge Simpson did NOT participate in this decision.
I am not seeking clarification bc, to me, it makes no difference. Although I wish the result were different, there is no doubt in my mind that it was an honest decision, no matter who participated.
"Will the Otter seek attorneys fees for a frivolous appeal? Under the rules of appellate procedure?"
If he's smart, he'll leave that alone.
Welcome back Brenda!!!
Your post sounds like you have been studying since the last time you graced these hallowed halls.
"procedural points,timing,merit"?
It sounds like you've been coached by a law firm, when do we get the bill?
I have not been coached by a law firm. I read the decision in full, just like the rest of you.
I was referring to the part of the reconciliation of signatures that was not completed by the petitioner due to the lack of time that this initiative had. Thts all, nothing more.
I stated my opinion, which is what this blog is for. Sometimes, when issues go flying through courts, the legal system has a great way of ignoring the underlying common sense approach of forming an opinion.
Unfortunately, these wonderful judges are allowed to be un-phased about the damage public sector unions can do to the tax base they suck dry. This was just an election case.
Lets see what the next case shows. I really hope NC doesnt need voter permission to sell off this old dilapidated and over-fat facility.
A private company can do this in an economical way, which will have the least impact on the residents and the staff.
Hi Brenda,
The comment at 12:12 was designed to keep you away.
"This case involves a dispute over the potential sale of the Gracedale Nursing Home (Gracedale), which is currently owned and operated by Northampton County (County). Over the past several years, Gracedale has operated at a loss – specifically incurring losses of $4,743,799 in 2009 and $2,875,297 in 2010 – with the County making operating transfers to Graceland each year in order to make up the difference."
O'Hare,
Perhaps if the county stops transferring money to GRACELAND, more funds would be available for county programs.
Respectfully,
Eckville Press
Eckville, 2009 and 2010, particularly bad years for everything in any Department. Are you aware millions more than is mandated has and is now being pumped into other county Departments. Do you realize that that some county employees in other unions and non-union now get 4-5% annual pay increases and another 2-3% on top of that. Remember, all the contracts in force are there at the discretion of the Stoffa Administration. After five years it is time for Johnny to stop whining and take responsibility for his own messes.
In the case of Gracedale, before Angle/Stoffa collaborated to destroy the facility, Gracedale contributed massive amounts of dollars to the Northampton County general fund. This money was used for the prison, courts and just about anything else.
Stoffa needs millions for his drug addict lounge. Most of that money will not be reimbursable as Gracedale is doing now. So you see the Angle/Stoffa team claiming either sell Gracedale or raise taxes some ridiculous amount. The fact is neither is necessary, unless of course you need to get your hands on some cold cash real fast.
We use to have investigative reporters in the County. Since the papers have stopped that and are in the bag for Stoffa, no one gets any real news. All we read are the pre-approved press releases. Then there is O'Hare, the propaganda minister for the
Angle/Stoffa regime.
If you get off your political ideological horses long enough to review "all" the facts and connect all the dots, the game is pretty clear.
The unions and families are just collateral damage in a bigger game.
The Seer!!!
Dude, lighten up!
Eck was pointing out a typo in the courts decision.
Read Ecks post again, Sloooowly!
Respectfully,
Eckville Press
SORRY "ECKVILLE PRESS" WHAT "THE SEER" IS SAYING IS TRUE!!!!! THE CITIZENS OF NORTHAMPTON COUNTY NEED TO FIND OUT WHAT HAS REALLY BEEN GOING ON IN NORTHAMPTON COUNTY.
If Elvis was as Graceland, would he share his room at Heartbreak Hotel with three others, euphemistically calling it therapy, for the sake of the Brotherhood?
What really is going on in NC is very clear for those who wish to see it. Gracedale comprises the largest percent of public sector union members.
If it is sold off to a company, those employees become private sector union members if they choose. Their salaries and benefits will be paid for by a private company, tied to profitability or lack thereof. Their gains and losses , salary, health insurance and pensions will be their problem, not the taxpayers problem.
The pension balloon is everyones problem, no need to make it pop. Its about to pop so loudly that I am starting to price hearing aides for myself.
Hi Anon,
Since you love hearing from me, I'll keep going.
Each government entity, whether its state, county or local, has a taxpayer funded budget. This budget has a pecking order for funding that goes from the front of the bus all the way to the back.
No department wants to be in the back of the bus for funding priorities, but unfortunately its a fact.
Notice how the teacher unions are crying foul at Governor Corbett for not seating them in the front?
Gracedale is so upset that it has earned its seat in the back of the bus for funding priorities, that its temper tantrum might now have to be solved by the voters of NC.
What the tantrum throwers forgot about is that the pacifier that they are drooling on is headed for the garbage anyway. The ones that scream the loudest are rarely the ones who win.
HEY ANONYMOUS 7:01am
Have you EVER stepped foot in Gracedale!?! If you did, you would know that those people that are 4 in a room are perfectly happy that way. It gives them the ability to socialize or for some that are unable to speak......someone to keep them company! How about when you get old.....we put you in solitary confinement and see how well you do! IDIOT!
There are some who can live well in 4 to a room because they no longer know their names , or their hands from their feet.
Others find it extremely depressing. People who are alert dont want to have a front row view of a roomie whose mouth is gaping open, chin to chest, babbling , slobering and choking.
Mucous of varying shades hanging from nose. Tell me this doesnt exist and you are a liar. People with any choice at all have left graceland for this reason. I know some of them personally.
I wonder if ET will run a poll to see if we should change the name to Graceland. I am voting yes.
I was only repeating exactly what I was told by a friend who removed her father from Gracedale for that reason.
I trust her description and can picture it myself. It may be disparaging to you and you can have your opinion. I was not trying to mock anyone, or put anyone down.
Its a familiar look to anyone who has knowledge of the nursing home business. Sometimes, even with private care, people end up like this anyway. Its not a reflection of poor care, its just a bad way to age.=, and it happens.
The 4 to a room problem has been a turn off to many. Ever try sleeping in the same room as 3 other people? The county wont be able to fix this problem, but a private company may be able to.
If you cant handle the reality of it, get off the blog
Brenda....you couldn't be more wrong. My mother is at Gracedale in a room of 4 of which has been a godsend!!! She is paralyzed and cannot speak. She finds comfort in the other roommates that are there talking to her and they have there own kind of sign language! If your friend has the money (More than $7000 a month) to spend on other facilities with all private rooms and that is what he wants....than so be it! But DON'T continue to slam Gracedale for some of the rooms that have 4 residents in it because TRUTH IS.....most of those residents like it that way!!! Maybe you YOURSELF should see it instead of generalizing because of ONE person!!! I'll say it again IDIOTS because this ISSUE IS NOT BECAUSE OF 4 PEOPLE TO A ROOM!
IGNORANCE ISN'T BLIND IN THIS SITUATION.....IT IS JUST PLAIN OLD SWAYED BY STUPID PEOPLE!
dj
dj, I have read enough of your hateful comments to know which side of the "stupid" equation you come down on.
Anonymous personal attacks, especially aimed at another commenter, will result in deletion at my discretion. Anon 7:12, if you can't make your points w/o calling others idiots, then you should go over to the hate blog and make your points there.
DJ,
I am happy that your mom finds solice in the 4 to a room situation. I simply said, its not for everyone.
I agree with you that Gracedale is not on the chopping block for the 4 to a room situation.
The fact is, it is a federal problem and a union problem. It is the way that our healthcare laws are written.
In this country, the largest expenditures are made for the most fragile patients, regardless of positive outcomes, and regardless of quality of life.
Our new 2500 page healthcare bill is being burned at the stake by flamethrowers who think it contains death panels.
The truth is, we continue to spend billions a year for those folks that have long since reached maximum potential.
Remember the Terry Schiavo landmark case? It was about the female who lapsed into a coma from a lifelong eating disorder, and became a vegetable. Her husband pulled the plug. Check it out if interested.
Brenda, I hope you have 80 to 100 thousands dollars over and above and medicaid because if you want the bullshit Nursing Home scenarios painted by the baggers and O'Hare, that's what it takes.
Bottom line is you still have it all wrong. Hey at least O'Hara agrees with you. For what that is worth.
The reason why nursing homes are $7K to 12K per month is because private pay people are subsidizing the medicaid patients.
There are a few homes that wont accept medicaid at all, and their prices are higher yet.
The gov't came up with medicaid at home to cut costs...thats another alternative
FAIL
This item will go through the courts and Stoffa will lose this one also.Angle,Ohare and Stoffa will go down in flames.Then lets wait and see what other bullshit they come up with.
Agreed 3:15, It is a shame that they have to take so much of the county down in flames with them.
My fear is what this terrible twosome of Angle/Stoffa Administration will do over the next two and a half years.
Stoffa is incompetent an d Angle is just plain nutz.
phony!
Everyone hopes Stoffa loses in his lawsuit against the people of Northampton County. My understanding is if he wins, the people will appeal to the State Supreme Court.
It is sad that the Northampton County Executive is forcing the people of his own county to spend thousands of their own dollars to defend against an elected representative that is spending thousands of the taxpayer dollars attacking those same taxpayers.
This man is a disgrace. After he loses in the end, I hope he has the decency and honor to resign.
Hope
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