Underdog Militia Report

In an earlier article I wrote about how I was charged with failure to file a local earned income tax return.
After the local District Magistrate found me guilty with no evidence I appealed to the Dauphin County Court of common pleas.

Appealing a summery offense to the Court of common pleas is a simple filing of some paperwork and paying the filing fee. The paper work is filed at the clerk of courts. You need the name of the complaining party as listed on the criminal complaint, the name of the District Magistrate and an address to send them a copy of the notice of appeal. You also need all the basic info on the case: charge, verdict, date & time of the hearing. Also make sure you ask for extra stamped copies of everything you file.

After filing the paperwork I go back to my office and start writing the pretrial motion. (continue reading…)

One day in June of 2007, I received a summons from a District Magistrate in Dauphin County.

It turned out to be a private criminal complaint filed by the West Hanover Township manager, accusing me of failure to file an earned income tax return. The first thing I found interesting was the fact that I was being accused of failure to file by April 15, 2003, for the tax year 2002. Here’s the problem: I was not a resident nor worked in West Hanover Township at anytime during the year 2002. So they did not have jurisdiction.

Now the average chicken neck American craps his pants when he receives a court summons. I was laughing at the weakness of the case. They had none. Even if I did reside or work in West Hanover Township at any point in 2002, the burden of proof was on the prosecution. So I decided to do some legal research. (continue reading…)

On Tuesday May 19, 2009 another primary election will be held in Pennsylvania.
In Pennsylvania, State legislature and congressional delegation elections are held in even numbered years.

State Representatives: all for up for two year terms.
Half the State Senate: elected to four year terms.
Various state wide offices: Attorney General, Treasurer, Auditor, Governor: Up for four years terms.

Since this is an old numbered year, local and Judicial offices are up for a vote.
Local County offices: sheriffs, Treasurers, Coroners, Commissioners, District Attorneys, up for four year terms.
Local Town Councils: Various term length depending on the municipality.
and (continue reading…)