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PostPosted: Tue May 29, 2012 1:28 pm 
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Prothonotary? Seems archaic. Why not just use "chief clerk?


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PostPosted: Tue May 29, 2012 1:32 pm 
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DaveMuckey wrote:
Prothonotary? Seems archaic. Why not just use "chief clerk?


We are weird like that in PA.

for example:

Quote:
hiladelphia, October 12, 2010 – Today, Mayor Michael A. Nutter signed legislation to change The Philadelphia Code and formally abolish the powers, functions and duties of the Office of the Clerk of Quarter Sessions. These duties and powers by agreement with the First Judicial District (FJD) have been transferred to the FJD. The Clerk of Quarter Sessions Office was responsible for the creation and management of the records in criminal cases including bail collection for the Philadelphia court system.


http://cityofphiladelphia.wordpress.com ... -sessions/

For some reason we like to keep our archaic offices and titles around for way too long.

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PostPosted: Thu May 31, 2012 5:03 pm 
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DaveMuckey wrote:
Prothonotary? Seems archaic. Why not just use "chief clerk?


Because Chief Clerk Warbler sounds silly?


prothonotary warbler

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PostPosted: Thu May 31, 2012 6:31 pm 
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Whatever4 wrote:
DaveMuckey wrote:
Prothonotary? Seems archaic. Why not just use "chief clerk?


Because Chief Clerk Warbler sounds silly?


prothonotary warbler



:-k #-o [-( [-X


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PostPosted: Thu May 31, 2012 8:41 pm 
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Offtopic :
Oo, oo, we saw one of them prothonotary warblers in da swamp! My first.

You're right, chief clerk sounds silly.

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PostPosted: Fri Jun 01, 2012 2:26 pm 
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Welsh Dragon wrote:
Remember the second case Schneller brought this year? Well, it's bitten the dust

Quote:
James D. Schneller,
Petitioner
v.
Thomas Corbett, Governor of the
Commonwealth of Pennsylvania;
Linda Kelly, Attorney General
of the Commonwealth of Pennsylvania;
Carol Aichele, Pennsylvania Secretary
of the Commonwealth,
Respondents
Snip
Upon consideration of the POs filed on behalf of respondents and petitioner 's response thereto, the POs
to Counts I, II, and IV of the PFR are sustained. Further, Count III is dismissed for lack of subject matter
jurisidiction. Accordingly, this matter is dismissed with prejudice.


Full Opinion Dismissing the case...

PA - 2012-05-25 - SCHNELLER - OPINION Dismissing Case

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PostPosted: Fri Jun 01, 2012 2:29 pm 
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realist wrote:
Full Opinion Dismissing the case...

PA - 2012-05-25 - SCHNELLER - OPINION Dismissing Case


Unfortunately...

Quote:
There was an error
This document could not be processed at this time. There was an error during conversion. Please check back later.

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PostPosted: Fri Jun 01, 2012 2:41 pm 
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It's too bad the Pennsylvania judges can't spell the first name of the sitting president correctly.

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PostPosted: Fri Jun 01, 2012 2:46 pm 
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BillTheCat wrote:
realist wrote:
Full Opinion Dismissing the case...

PA - 2012-05-25 - SCHNELLER - OPINION Dismissing Case


Unfortunately...

Quote:
There was an error
This document could not be processed at this time. There was an error during conversion. Please check back later.


Worked and works fine for me. Dunno.

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PostPosted: Fri Jun 01, 2012 3:18 pm 
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I am puzzled - how can the opinion ( on page 6) cite the onging case Van Irion case in WD of TN- LLF v NDP of USA Inc?

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PostPosted: Fri Jun 01, 2012 6:38 pm 
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Welsh Dragon wrote:
I am puzzled - how can the opinion ( on page 6) cite the onging case Van Irion case in WD of TN- LLF v NDP of USA Inc?


While LOH or BB or someone could probably do a much better job, I'll take a shot at it.

PA court cites to the DECISION reported at 2012 WL 1252484 denying motion to remand.

Under that doctrine, Congress has the power to regulate federal elections. Buckley v. Valeo, 424 U.S. 1, 13 (1976); cf. Liberty Legal Found. v. Nat'l Democratic Party of the USA, Inc., 2012 WL 1252484 (W.D. Tenn. 2012); see also 3 U.S.C. §§1-21. (setting forth the procedures for presidential elections).

FROM THE BLUEBOOK (19th)

“Cf” means that cited authority supports a proposition different from the main proposition but sufficiently analogous to lend support. … The citation’s relevance will usually be clear to the reader only if it is explained. Parenthetical explanations .. however brief, are therefore strongly recommended.

Unfortunately, the court didn’t include a parenthetical so hard to tell what was meant. The Only thing that makes any sense (to me at least) is that the LLF court found that the “NBC” issue is a FEDERAL issue, not something state courts can/should decide.

What court probably SHOULD have used was “But cf” – which means “cited authority supports a proposition analogous to the contrary of the main proposition. The use of a parenthetical explanation of the source’s relevance .. following a citation introduced by “but cf.” is strongly recommended.”
---
Using “but cf” would have made sense here, because LLF court stated:

--- “It is undisputed that the material fact at issue in this case is whether under the circumstances of President Obama's birth, the President is a “natural born citizen,” a term set out in the United States Constitution and construed under federal law.”

----“Nevertheless, the primary basis for Plaintiffs' state-law claims is the allegation that President Obama is not a natural born citizen of the United States of America, as the Supreme Court has defined the term, and therefore not qualified to serve as President of the United States.”

----“Because the federal issue raised in Plaintiffs' First Amended Complaint is a question of constitutional law, the Court finds that this factor is not entirely relevant to the case at bar …”



So, the LLF court did not hold that political issue precluded (federal) court jurisdiction – rather it characterized issue as “question of constitutional law” which is subject to federal court jurisdiction. Therefore, on the “issue” for which it is cited – i.e., political question doctrine – case holds contrary to what PA court held.

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PostPosted: Fri Jun 01, 2012 6:48 pm 
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realist wrote:
Welsh Dragon wrote:
I am puzzled - how can the opinion ( on page 6) cite the onging case Van Irion case in WD of TN- LLF v NDP of USA Inc?


While LOH or BB or someone could probably do a much better job, I'll take a shot at it.

PA court cites to the DECISION reported at 2012 WL 1252484 denying motion to remand.

Under that doctrine, Congress has the power to regulate federal elections. Buckley v. Valeo, 424 U.S. 1, 13 (1976); cf. Liberty Legal Found. v. Nat'l Democratic Party of the USA, Inc., 2012 WL 1252484 (W.D. Tenn. 2012); see also 3 U.S.C. §§1-21. (setting forth the procedures for presidential elections).

FROM THE BLUEBOOK (19th)

“Cf” means that cited authority supports a proposition different from the main proposition but sufficiently analogous to lend support. … The citation’s relevance will usually be clear to the reader only if it is explained. Parenthetical explanations .. however brief, are therefore strongly recommended.


While interlocutory decisions, such as the one in LLF v. NDP, are of limited precedential value, there are some contexts where it is quite common to cite them. Discovery disputes, which are often handled by magistrate judges rather than full Article III judges, are an example. Since there is relatively little case law on the issue, as appellate courts rarely intervene in discovery disputes, these cases are of greater precedential value than magistrate's decisions usually would be. In fact, some such cases end up being the leading case on some specific issue and are excerpted in case books. Some magistrate judges, additionally, are well respected for their opinions on some area of the law traditionally referred to magistrates.

This case isn't necessarily such a case, as the judge is actually handling it, but as it is a rather odd area of law, even an interlocutory ruling credible enough to make it into Westlaw is worth citing. Such a ruling is, however, only of persuasive value. This court apparently found the justification persuasive enough to quote it, although as realist points out, it is somewhat unclear as to what exact point is at issue.

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PostPosted: Fri Jun 01, 2012 9:34 pm 
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Thanks Loh & Realist - that's de-puzzled me.

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PostPosted: Fri Aug 03, 2012 11:57 am 
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Schneller Appeal Update


Recall, this was the second Schneller case (where he TRIED to raise same issues as in Schneller v. Obama)

Quote:
Appeal filed in June and probable jurisdiction has been noted:

http://ujsportal.pacourts.us/DocketShee ... MAP%202012

June 4, 2012 Notice of Appeal Filed
Appellant Schneller, James D.

June 25, 2012 Jurisdictional Statement Filed
Appellant Schneller, James D.

June 28, 2012 Case was transferred from 286 MT 2012
Office of the Prothonotary

Comments:
pleading perfected

June 29, 2012 Praecipe for Appearance
Thomas Corbett, Governor; Linda Appellee Koons, Calvin Royer
Kelly, Atty General; Carol Aichele,
Secretary of the Commonwealth

July 2, 2012 No Answer Letter to Notice of Appeal & Jurisdictional Statement
Appellee Thomas Corbett, Governor; Linda
Kelly, Atty General; Carol Aichele, Secretary of the Commonwealth

July 24, 2012 Probable Jurisdiction Noted
Dreibelbis, Amy

Comments: AND NOW, this 24th day of July, 2012, probable jurisdiction is noted.

July 24, 2012 Order Exited
Office of the Prothonotary

July 31, 2012 Commonwealth Ct. Record Received
Commonwealth Court of Pennsylvania

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PostPosted: Tue Oct 02, 2012 3:34 pm 
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Docket Update...

PA - Schneller Appeal Docket Update

Quote:
September 25, 2012
Application for Extension of Time to File Brief and Reproduced Record - Second Request
Appellant Schneller, James D.

September 25, 2012
Order Granting Application for Extension of Time to File Brief and Reproduced Record - 2nd Request Dreibelbis, Amy
Comments: “AND NOW, this 25th day of September, 2012, Appellant's second motion for extension of time is granted. Appellant's Brief and Reproduced Record shall be filed on or before October 25, 2012.”



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PostPosted: Wed Oct 03, 2012 9:58 am 
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So I reckon President Obama will be taken off the ballot sometime after the election, huh? ;;)

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PostPosted: Wed Oct 03, 2012 11:17 am 
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Foggy wrote:
So I reckon President Obama will be taken off the ballot sometime after the election, huh? ;;)


The birthers will finally succeed in 2016, when Obama will not be allowed on the ballot.

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PostPosted: Tue Oct 23, 2012 4:10 pm 
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Docket Update...

This is funny – in context …. i.e., after two requests to extend time, there is – two days before brief/record is due – an emergency requiring a TRO.


Quote:
August 22, 2012 Application for Extension of Time to File Brief and Reproduced Record
Appellant Schneller, James D.

August 22, 2012 Order Granting Application for Extension of Time to File Brief and Reproduced Record
… Appellant's Brief and Reproduced Record shall be filed on or before September 26, 2012.

* * * *
September 25, 2012 Application for Extension of Time to File Brief and Reproduced Record - Second Request
Appellant Schneller, James D.

September 25, 2012 Order Granting Application for Extension of Time to File Brief and Reproduced Record - 2nd Request

…Appellant's Brief and Reproduced Record shall be filed on or before October 25, 2012.

* * * *

October 23, 2012 "Application for Temporary Restraining Order and Injunction"
Appellant Schneller, James D.


=))

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PostPosted: Tue Oct 23, 2012 4:44 pm 
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realist wrote:
Docket Update...

This is funny – in context …. i.e., after two requests to extend time, there is – two days before brief/record is due – an emergency requiring a TRO.


Quote:
August 22, 2012 Application for Extension of Time to File Brief and Reproduced Record
Appellant Schneller, James D.

August 22, 2012 Order Granting Application for Extension of Time to File Brief and Reproduced Record
… Appellant's Brief and Reproduced Record shall be filed on or before September 26, 2012.

* * * *
September 25, 2012 Application for Extension of Time to File Brief and Reproduced Record - Second Request
Appellant Schneller, James D.

September 25, 2012 Order Granting Application for Extension of Time to File Brief and Reproduced Record - 2nd Request

…Appellant's Brief and Reproduced Record shall be filed on or before October 25, 2012.

* * * *

October 23, 2012 "Application for Temporary Restraining Order and Injunction"
Appellant Schneller, James D.


=))


Is this another one of those "Emergencies"????

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PostPosted: Mon Nov 05, 2012 10:52 am 
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But WAIT!! There's more!! :P

From OBC

Pennsylvanian Jim Schneller Files Motion For Injunction to Keep Nominee Barack Obama off the Pennsylvania Ballot

Posted by By GeorgeM at 4 November, at 22 : 13 PM Print


Quote:
PRESS RELEASE
Pennsylvanian Jim Schneller Files Motion For Injunction to Keep Nominee Barack Obama off the Pennsylvania Ballot
Saturday, November 3, 2012 5:00 PM

.
HARRISBURG, PA. — Jim Schneller of Philadelphia, Pennsylvania, who sought in 2008 to stop Pennsylvania’s Governor from certifying the 2008 vote and electoral vote to Congress, is pursuing an action that now seeks an injunction to the Pennsylvania Secretary of the Commonwealth, and Governor, to remove Barack Obama from the ballot or postpone the election, :lol: pending appeal of a suit filed by Schneller earlier this year that seeks resolution of the question of qualification of Barack Obama as a natural born citizen, and other issues. The Attorney General’s office filed an answer to the request for injunction last week.

The action, now an appeal to the Supreme Court of Pennsylvania, also demands formation of a Committee made up of the Governor of Pennsylvania, the Pennsylvania Secretary of State, and the Pennsylvania Attorney General, as provided by § 2936 of the Penna. election code, whenever a party or parties seeking nomination, have shown intent to errantly control, establish, or overthrow the constitutional form of government. :roll: The Committee is directly authorized by law to refuse nomination papers of such people or parties. Schneller alleges that this statute supports rejection of nomination petitions and all such requested action.

The suit also seeks a quo warranto testing or revocation of Barack Obama’s title to office, based on lack of status as a natural born citizen, improper oath at time of inauguration, fraud in stating “qualified for office” in his 2012 certificate of nomination presented to Pennsylvania officials, and (borrowing from Commander Charles F. Kerchner’s petition,) Obama’s using of an unregistered, unchanged name, rather than his true name Barry Soetero.

The case also claims unconstitutional, the fact that section 2870 of the Pennsylvania election code waives the requirement, required for all other candidates, to swear an oath to not violate the law, and that they are eligible for office, for any candidate who is running for president.

Jim litigates this suit against the odds, but optimistic that, with God’s favor, and perseverence by all parties pursuing this effort, :roll: Barack Obama will be required to adhere to law, or admit his error and step down, or any other solution to the illegal usurpation of office of President that the electorate is currently subjected to.
The defense has claimed that Jim lacks standing, and laughably asserts that no conspiracy exists that is seeking to overthrow the constitutional of government. They also claim, despite abundant reasons to the contrary, that only federal courts can decide a challenge to qualifications for federal office.

Mr. Schneller explains that this is why he has filed a quo warranto action and challenges to nomination, including because a) the candidate is now once again seeking to gain election by way of the Pennsylvania ballot, and a sovereign right and duty exists to prevent fraud and violation of the laws by incumbents, and this (despite the legal arguments to the contrary) is not prevented by any federal law, and b) the incumbency includes the fact that Congress has refused to address these potentially cataclysmic questions, causing Pennsylvania’s heightened authority over the issue, where Pennsylvania citizens clearly suffer at the hands of the incumbent. :^o

As to standing, the case presents abundant reason, starting with a request for finding that the Pennsylvania requirement that only party members may challenge a major-party candidate’s nominating petition, but that any party may challenge third- or non-party candidates, is unconstitutional.Schneller, who experienced affronts to his candidacy in 2010 by two different major-party affiliations, claims that because independent candidates, under Pennsylvania law, can be challenged by any party, they are, unfairly, three times as likely to be challenged, so that independents should have the right to challenge nominations of either major party, if either major party may challenge independents.

Schneller, alleging that Barack Obama inflicts fraud and failure of duty by misrepresenting and occluding his birth status and records, notes that the Pennsylvania statutes expressly forbid election code violators from holding office, and it is a violation of two or more sections, to use fraud, or corrupt practices, or to detract from the integrity of the election process, or to misuse a candidate’s affidavit or a certificate of nomination.

Jim has also filed a similar claim against Pat Meehan, incumbent candidate for the PA-7 Congressional District, claiming violations of election law that occurred beginning when Meehan presented selected pages of his 2010 nominating petition to the District Attorney, who shifted investigation to Attorney General Corbett, with a result of inaction constituting fraud and failure of official duty, and also because the Pat Meehan 2012 nominating petition has an erroneous notarization on the candidate’s affidavit. Schneller requested also an appeal of the redistricting of the 7th Congressional District.

Jim Schneller ended his 2012 candidacy for Congress in August of 2012.

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PostPosted: Mon Nov 05, 2012 11:18 am 
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PostPosted: Mon Nov 05, 2012 12:09 pm 
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Quote:
Jim Schneller ended his 2012 candidacy for Congress in August of 2012.


If a tree falls in the forest and all that.

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PostPosted: Mon Nov 05, 2012 12:39 pm 
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Just FYI... Schneller Appeal Docket

http://ujsportal.pacourts.us/DocketShee ... MAP%202012

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PostPosted: Mon Nov 05, 2012 12:44 pm 
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Having the lunar tics go wild in PA right before the election means that Obama is going to wax RMoney's ass, and the tics finally have seen the handwriting on the wall. There's going to be Color again in OUR WHITE House.

Edit: add some Color

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PostPosted: Fri Nov 16, 2012 5:37 pm 
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A little wrist slap

Docket Update...

Quote:
November 14, 2012 Appellees' Application for an Order Directing Appellant to Serve his Brief and the Reproduced Record
Appellee Thomas Corbett, Governor; Linda
Kelly, Atty General; Carol
Aichele, Secretary of the
Commonwealth

November 14, 2012 Order Granting Application for Relief
Dreibelbis, Amy

Comments:
AND NOW, this 14th day of November, 2012, Appellees' Application For An Order Directing Appellant to Serve His Brief And The Reproduced Record is granted. Appellant shall serve an exact copy of the Appellant 's Brief and one copy of the Reproduced Record filed in the Supreme Court of Pennsylvania, and send an amended proof of service to the
Prothonotary's Office within fourteen (14) days from the date of this order. Appellees' Brief shall be filed thirty (30) days from the date of the amended proof of service.


http://ujsportal.pacourts.us/DocketShee ... MAP%202012

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