IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PA CIVIL ACTION - LAW MICHAEL LANDAU, : COURT OF COMMON PLEAS 516 Conshohocken State Rd. : MONTGOMERY COUNTY, PA Gladwyn, PA 19035, Plaintiff. vs. Civil Action MONTGOMERY COUNTY BOARD OF ELECTIONS, One Montgomery Plaza, Suite 602 PO Box 311 Norristown, PA 19404 5 and : No. STEVEN SOKOLOFF 5 2178. Athens Ave, Ardmore, PA 19003, Defendants NOTICE TO DEI IND - CIVIL. You have been sued in court. If you wish to defend against the claims set forth in the following ages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice of any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. ‘THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE, MONTGOMERY BAR ASSOCIATION 100 West Airy Street (REAR) NORRISTOWN, PA 19401 (610) 279-9660, EXTENSION 201KERNS, PEARLSTINE, ONORATO & HLADIK, LLP By: Robert J. Kems, Esquire Attomey for Plaintiff Attomey LD. #16643 Gregory W. Fox, Esquire Attorney I-D. #200846 298 Wissahickon Avenue P.O. Box 1489 Upper Gwynedd, PA. 19454-1489 (215) 855-9521 MICHAEL LANDAU, : COURT OF COMMON PLEAS 516 Conshohocken State Rd. : MONTGOMERY COUNTY, PA Gladwyn, PA 19035, : Plaintiff, Vs. Civil Action MONTGOMERY COUNTY BOARD OF ELECTIONS, One Montgomery Plaza, Suite 602 PO Box 311 Norristown, PA 19404 and : No. STEVEN SOKOLOFF 217 E. Athens Ave. Ardmore, PA 19003, Defendants DECLARATORY JUDGMENT ACTION 1. Plaintiff, Michael Landau, is an adult individual and a duly qualified elector of Lower Merion Township, Montgomery County, Pennsylvania. 2. Defendant, the Montgomery County Board of Elections, is the Montgomery County entity that is generally in charge of all election activities, including, but not limited to setting up elections, establishing polling sites, printing ballots,programming voting machines, processing absentee ballots, maintaining filing of candidates’ petitions and expense reports, and certifying election results. 3. Defendant, Steven Sokoloff is an adult individual residing at 217 E. Athens Ave, Ardmore, 19003, Lower Merion Township, Montgomery County, Pennsylvania, 4, Sokoloff previously served as a deputy constable in Lower Merion. 5. In 2007, however, the District Attorney petitioned to remove Sokoloff as deputy constable for abuse of his power. That matter was known as In Re: Steven Sokoloff, No. MD 1946-07, and the allegations made in the petition in that matter are incorporated herein by reference. 6. As part of a settlement of that matter, Sokoloff agreed, and it was entered as an Order of the Court, that he would never serve as a deputy constable again, and that, he would never run for election as constable in Montgomery County. A true and correct copy of the Court’s December 21, 2007 Order memorializing this is attached hereto, incorporated herein by reference, and marked as Exhibit A. 7. Despite that Order, and the fact that Sokoloff agreed to never run for election as constable in Montgomery Count, he ran for the position of elected constable of Lower Merion Township in the recent election on November 3, 2009. 8. Landau also ran for that position, In fact, there were two elected constable seats open in Lower Merion in the election, and four candidates vying for those seats - Landau, Sokoloff, Sokoloff’s wife, and one other candidate.10. Mrs. Sokoloff received the most votes, followed by Sokoloff, Landau, and the fourth candidate. 11. Accordingly, once the Board of Elections certifies the election results, the Sokoloffs will have been elected to fill the two open constable positions in Lower Merion. 12, By running for election as constable in Lower Merion Township in this recent election, however, Sokoloff is in direct violation of the Court’s December 21, 2007 Order in the matter was known as In Re: Steven Sokoloff, No. MD 1946-07. 13. According to that Order, he was not permitted to run for election as constable in Montgomery County. 14, Upon information and belief, the Board of Elections is currently in the process of certifying the election results, countywide. 15. If the Board of Elections certifies Sokoloff’s election, he will have been elected to a position he is not entitled to hold, much to Landau’s detriment. 16. Without immediate Court action, Landau is in imminent danger of losing his ability to serve as an elected constable in Lower Merion, as a result of Sokoloff running when he was ineligible to do so, and ineligible to serve as elected constable. 17. Upon information and belief, the District Attorney has filed a petition for contempt against Sokoloff as a result of his actions, and a contempt hearing has been schedule for on or about December 16, 2009 before Judge Tressler. 18. Further, contemporaneous with this action, Landau has also filed a Petition with the Court (under a miscellaneous docket number), requesting that Judge Tressler(the Judge in charge of all constable matters, and who responsible for swearing in constables) refrain from appointing Sokoloff as an elected constable 19. Landau lacks an adequate remedy at law. WHEREFORE, Landau respectfully requests that this Honorable Court enter an order declaring Sokoloff ineligible to hold the position of elected constable for Lower Merion Township, or to run for election or hold a position as an elected constable anywhere else in Montgomery County. Respectfully submitted, regory W. Fox, Esquire Attomey for Michael LandauVERIFICATION 1, Gregory W. Fox, Esquire, hereby verify that I am attorney for Plaintiff, Michael Landau, and that I am authorized to verify the facts set forth herein, and that said facts are true and correct to best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Gregory FoxExhibit “A”NOV. 5. 200511: 02AMexoseCHESTER CHARTER Hue INDUSTRIES H0.759 2 e1ve2 . ‘TN THE COURT ‘OF COMMON PLEAS FOR MONTGOMERY COUNTY IN RE: STEVEN SOKOLOPF NO. MD 1946-07 nim 30, enie 2)" ot SEL 009, upon conoideration of the Petition To Remove Deputy Constable Pursuant To 13 P.S, § 32. and Enter Preliminary Injunction Pursuant To pa.R.C.P, 1831 and, having conferenced the matter with counsel for the Respondent ond the District Attorney, and counsel having advised the Court that the parties had reached an agreement to resolve the issues between Chem, and certain representations having been made on the Record in open court, it is hereby ORDERED and DECREED ae follows: . 1. Deputy Constable Steven Sokoloff shall resign nis position, effective with the Comt filing thie Order with the Prothonotary; 2. Deputy constable Steven Sokoloff shall cooperate in seasonably signing any additional documents which nay be necessary te memorialize hie reoignation; . 3. The Tempoxary Restraining Order shall remain in effect, by agreement of the parties until thie order is filed with the Prothonotary; 4, If he has not dove so, Deputy Constable Steven Sokolofé shall seasonably deliver any tens identifying him as an agent of the Commonwealth to proper authority; 5. The District Attorney's Office shall not prosecute or send to any other agency for prosecution, any allegations known to date . against Deputy Constable Sokoloff, in¢luding the allegation of Page 1 of 2ilOV. 5. 2009511: 02AMeaeccCHESTER CHARTER HLC INDUSTRIES NO. 759 Dennie Ceilty and any allegations set forth in that document entithea Addendum To Petition To Remove Deputy Constable Pursuant To 13 B.S, § 32 and Enter Preliminary Znjunction Furevant To PA.R.C.P, 1532 (shared by counsel, but not filed of Racoxd); except that, if any further allegations be made, which the District Attorney, in good faith, considers to be of such a serious nature to require prosecution, thie order shall not prohibit such prosecution; 6. The District Attorney's Office ahall not provesute Constable Julie Sokoloff or send to any other agency for prosecution, any matter arising froa the allegation of Dennis crilly and any allegations set forth in that document entitled Addendum fo Petition To Renove Deputy Constable Pursuant To 13 P.S. § 32 and Enter Preliminary Injunction Pursuant To PA.R.C.P. 1531 (ohazed by counsel, but not filed of Record) ; 7, Deputy Constable steven Sokoloff and/or’ Constable Julie Sekolof£ may seek by any lawful meana to acquize funds cwad to them for services provided to the Commonwealth by any District dustice ox other responsible party; and 8. Conistable Julie Sokoloff may continue to discharge her duties ae Constable, but way not re-appoint Steven Sokoloff as Deputy Constable. 9. Steven Sokoloff may not be appointed a Deputy Constable anywhere within the Commonwealth, bur may run for election as Constable, in any county, except Montgomery County, Pennsylvania. € e2rez