<p>SHANE SCANLON, DISTRICT ATTORNEY IN THE COURT OF COMMON PLEAS</p><p>OF LACKAWANNA COUNTY, OF LACKAWANNA COUNTY</p><p>Plaintiff</p><p>Public Relator, Joseph Pilchesky</p><p>Civil Action – Quo Warranto v.</p><p>David Bulzoni, Business Administrator for City of Scranton,</p><p>City of Scranton, Mayor William Courtright, and Scranton City Council,</p><p>Defendants 15-CV-______</p><p>COMPLAINT IN QUO WARRANTO AND REQUEST FOR INJUNCTIVE RELIEF</p><p>NOW COMES, the Plaintiff, Shane Scanlon, District Attorney, on behalf of Public Relator, Joseph Pilchesky, on this ____ day of January, 2016, with its Complaint in Quo Warranto, and submits as follows:</p><p>Parties</p><p>1. The Plaintiff is the Office of the District Attorney; a duly organized body politic and agency created under the laws of the Commonwealth of Pennsylvania, with an address of 415 Spruce St., Scranton, PA, 18503, and shall hereafter be referred to as District Attorney.</p><p>2. The Public Relator is Joseph Pilchesky, a competent adult, with an address of 819 Sunset St., Scranton, PA, 18509, and shall hereafter be referred to as Pilchesky. 3. The Defendant is David Bulzoni, duly appointed Business Administrator for the City of Scranton with an address of 340 N. Washington Ave., Scranton, PA, 18503, and shall hereafter be referred to Bulzoni.</p><p>4. The City of Scranton is a body politic and corporation duly organized under the laws of the Commonwealth of Pennsylvania, with an office located at 340 N. Washington Ave., Scranton, PA, 18503, and shall hereafter be referred to as the City.</p><p>5. Mayor William Courtright is the duly elected Mayor of the City of Scranton, with an office located at 340 N. Washington Ave., Scranton, PA, 18503, and shall hereafter be referred to as the Mayor. </p><p>6. Scranton City Council is a body politic duly organized under the laws of the Commonwealth of Pennsylvania, with an office located at 340 N. Washington Ave., Scranton, PA, 18503, and shall hereafter be referred to as the Council.</p><p>Quo Warranto</p><p>7. Mayor William Courtright took office in January of 2014.</p><p>8. Upon taking office, he appointed Bulzoni as the Business Administrator.</p><p>9. The Mayor knew upon appointment of Bulzoni that he was required to reside within the City within six (6) months of appointment pursuant to an Ordinance in the Administrative Code at Section II.</p><p>10. Bulzoni has a home address of 2187 Port Royal Rd., Clark Summit, PA 18411, which is located out of the City.</p><p>11. By the end of 2015, Bulzoni had not yet moved into the City.</p><p>12. In January of 2015, Bulzoni requested from Council a waiver to remain as the Business Administrator, which was thereafter granted on Feb. 2, 2015, for the remainder of 2015. See Exhibit “A”, an article from the Times-Tribune wherein he admitted he still had not moved into the City. See Exhibit “B”, Council’s Minutes where they granted the waiver. 13. Council’s waiver expired on December 31, 2015.</p><p>14. Bulzoni is holding the office of Business Administrator in conflict with the Ordinance under the Administrative Code at Section II. </p><p>15. The Ordinance under Section II of the Administrative Code mandates that the Bulzoni must be removed from office. </p><p>WHEREFORE, the Plaintiff respectfully requests that the Court direct Mr. Bulzoni to vacate the office of the Business Administrator. </p><p>Request for Injunctive Relief</p><p>16. The Office of the District Attorney has a right to the relief requested because it is authorized under the Rules of Civil Procedure at 1111, et seq., relating to Quo Warranto.</p><p>17. Harm is manifest on is face because Bulzoni is illegally holding title to the office of the Business Administrator in direct violation of the Scranton Administrative Code under Section II.</p><p>18. Denying the request for injunctive relief will do more harm than good because Bulzoni will continue to hold the title of office of the Business Administrator in direct violation of the Scranton Administrative Code under Section II.</p><p>19. No one else is better situated to bring this action.</p><p>20. Status quo will be restored if Bulzoni is removed from the office of Business Administrator.</p><p>WHEREFORE, the Plaintiff respectfully requests that the Court direct Mr. Bulzoni to vacate the office of the Business Administrator immediately. Respectfully submitted,</p><p>______</p><p>Shane Scanlon, District Attorney Public Relator, Joseph Pilchesky</p><p>614 Spruce St. 819 Sunset St.</p><p>Scranton, Pa Scranton, PA 18509</p><p>Verification</p><p>This is to verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that my statements are subject to Pa 18, 4904, relating to Unsworn Falsification to Authorities.</p><p>Date;______</p><p>______</p><p>Shane Scanlon, District Attorney Public Relator, Joseph Pilchesky</p><p>415 Spruce St. 819 Sunset St.</p><p>Scranton, Pa Scranton, PA 18509 Certificate of Service</p><p>This is to certify that I, Shane Scanlon, District Attorney for Lackawanna County, did serve a true and correct copy of the foregoing Quo Warranto action on this ____ day of January, 2016, by hand delivery by a competent adult pursuant to the Rules of Civil Procedure at 400 (b) (1) to the parties listed below:</p><p>David Bulzoni, Business Administrator Mayor William Courtright</p><p>340 N. Washington Ave. 340 N. Washington Ave.</p><p>Scranton, PA 18503 Scranton, PA 18503</p><p>Scranton City Council</p><p>340 N. Washington Ave. Scranton, PA 18503 </p><p>______</p><p>Shane Scanlon, District Attorney Public Relator, Joseph Pilchesky</p><p>415 Spruce St. 819 Sunset St.</p><p>Scranton, Pa Scranton, PA 18509</p><p>January 14, 2016</p><p>Shane Scanlon, District Attorney</p><p>415 Spruce St.</p><p>Scranton, PA 18503</p><p>Dear Mr. Scanlon,</p><p>Enclosed find a fully developed Quo Warranto Complaint that I am respectfully requesting your office to prosecute. Due to the exigency of prevailing circumstances, I am requesting expedited prosecution of the same. For that reason, I respectfully request a response from your office within seven (7) days if you are not going to prosecute. If I do not hear from your office by that date, I shall make the same request of the Office of the Attorney General in compliance with the Rules of Civil Procedure. Kindly respond by email to joe.pilchesky.com. Respectfully,</p><p>Joseph Pilchesky, Public Relator</p><p>819 Sunset St.</p><p>Scranton, PA 18503</p><p>570-591-4300</p><p>January 14, 2016</p><p>Mayor William Courtright</p><p>240 N. Washington Ave.</p><p>Scranton, PA 18503</p><p>Dear Mayor Courtright,</p><p>I am providing you an advance courtesy copy of the enclosed Quo Warranto Complaint relating to the removal of David Bulzoni as Business Administrator for the reasons articulated therein. Included is a copy of a letter to the Office of the District Attorney requesting prosecution of the same. Should he decline, the Office of the Attorney General will be approached with the same request. Should that office decline, I shall be lawfully situated to file the action myself, which I shall do.</p><p>Respectfully, Joseph Pilchesky 819 Sunset St. Scranton, PA 18503 570-591-4300</p><p>CC: Scranton City Council, David Bulzoni, Business Administrator</p>