A Carbon County judge has ruled that four of five candidates for supervisor in East Penn Township in the May primary election, whose nominating petitions were challenged in court, will stay on the ballot while the fifth will have his name removed.

In a 25-page opinion issued Wednesday Judge Joseph J. Matika denied the petitions of Kimberly and Jacob Nothstein to have candidates Alice Berger, Randy Pfeiffer, Guy Barry and William G. Schwab stricken from the ballot. He granted the petition filed challenging the nomination petition of David Bryfogle.In their petitions the Nothsteins alleged that the five candidates did not file a Statement of Financial Interests form with the township as required by the election law.Those statements had to be filed by March 10.Because the five did not file their statements by March 10, the petitions' contended, their nomination petition was "fatally irregular and defective and must be stricken by this court."At a hearing, Schwab and Berger presented the testimony of a paralegal working in Schwab's office. He is an attorney with an office in Mahoning Township.Amanda Kincaid testified she prepared the mailings of the financial statement in question, and other documents, for both Schwab and Berger. She then was directed by Schwab to mail them to the township secretary.She said she prepared three separate cover letters to be sent to the township along with three separate Statements of Financial Interests, one for Schwab in his capacity as both a member of the township parks commission and solicitor of the township zoning board, and one as a candidate for township supervisor, and one letter for Berger as a candidate for supervisor.She said she printed the matters for mailing on March 10.She further testified after preparing all the materials she left the office at 4:10 p.m. on March 10 taking the day's mail with her. She then went to the Lehighton post office and handed all the materials to a postal clerk.Deanna L. Cunfer, township secretary, testified the mailings were received but had a postmark of March 11.Schwab testified he personally directed Kincaid to mail the statements in question on March 10. He admitted that the materials turned over by Cunfer had a postmark of March 11.Barry and PfeifferConcerning the nomination petitions of Barry and Pfeiffer, Barry testified he personally delivered both nomination petitions to the bureau of elections in Jim Thorpe on March 9. He said he then returned home, made photocopies of both financial statements, and mailed them to the township.Cunfer testified the only financial statements she received from Barry and Pfeiffer were hand delivered by Barry.Matika, in his opinion, said the Barry and Pfeiffer challenges also center around "date of mailing." He wrote, "Unlike Schwab and Berger, there is no evidence that their Statements of Financial Interests, placed in the mail by Barry on 3/9/15 were ever received in the mail at the township building."Matika said there was no evidence that the U.S. Post Office ever returned the mailings of Barry. Matika then wrote, "The issue then becomes: Did Barry actually mail them or did something happen to these Statements of Financial Interests?"Matika said, "At this point, this Court concludes that the uncontroverted and undisputed testimony of Barry and Pfeiffer with regard to the mailing on 3/9/15 of these Statements of Financial Interests present a more plausible scenario as to whether or not these documents were filed timely, based upon them being placed in the mail the day before they were due at the Township."He denied Nothsteins' petition regarding Barry and Pfeiffer.BryfogleBryfogle testified that the instructions on the front of the form are not clear concerning when the financial report had to be filed and the time frame involved. He filed his statement on March 13.Matika wrote, however, "The 'chart' on the back page removes all doubt as to when his statement, as first time candidate, must be filed and who is required to file their statement "within 30 days of official certification."Matika said the instructions state when the financial statement had to be filed with the township.He adds, "Therefore, Bryfogle clearly did not have 30 days from the filing of his petition to file his Statement of Financial Interests with the governing authority."Matika ruled Bryfogle's filing of the financial statement by hand-delivering it on March 13 is "clearly late and in violation of the statute."Berger and Schwab are seeking the Republican nomination in the May primary while Barry and Pfeiffer are seeking the Democratic nomination. Bryfogle was also seeking the Democratic nomination.Matika's order instructs the county election board to remove Bryfogle's name from the primary election ballot.Two supervisors positions are open for election in November. Jacob Nothstein is an incumbent supervisor who is seeking reelection.The Nothsteins have the right to appeal Matika's decision in the Commonwealth Court of Pennsylvania.Filing petitions in such matters is expensive. It cost the Nothstein's about $775 to file the five petitions challenging the candidates. Because four of the petitions were denied by the court, the Nothsteins must pay $204 in court costs.To file an appeal petition with the state court, the fee is $200 per petition.