The nominating petitions of five people seeking a supervisors' position in the May primary in East Penn Township have been challenged in Carbon County court.

Petitions have been filed challenging the nominating petitions of Alice Berger, 174 Thunder Lane; David Bryfogle, 2515 Church Hill Road; Randy Pfeiffer, 10 Bakeoven Road; Guy Berry, 2315 Municipal Road; and William G. Schwab, 1154 Municipal Road.There are two positions up for election this year, both six-year terms. Seven people have filed nominating petitions for supervisor.Judge Joseph J. Matika has scheduled a hearing on the petitions for 1 p.m. today.The five petitions allege that the five candidates did not file a Statement of Financial Interests form with the township as required by the election law. Those statements, according to the petitions, had to be filed by March 10. Because the five did not file those statements, the suit asserts, their "nomination petition is fatally irregular and defective and must be stricken by this court."The petitions to remove the five were filed by Kimberly Nothstein and Jacob Nothstein. Jacob Nothstein has filed a nominating petition on the Democratic side. The seventh candidate is Dean R. Kercsmar, who is seeking the Republican nomination.The petitions state on March 12, Kimberly Nothstein submitted a Right to Know request with the Right to Know officer of the township. On March 13, Deanna L. Cunfer, township secretary, responded to the request. In that response Kimberly Nothstein did not receive a copy of a Statement of Financial Interests for the five who are being challenged, it is stated.Berger and Schwab are seeking the Republican nomination while Berry, Pfeiffer and Bryfogle are seeking the Democratic nomination.The petitions, which ask the court to strike the nomination petitions of the five, also seek the court to award counsel feesand costs from eachof the petitioners being challenged.