Suddenlink Communications Bob Fahner 707 Virginia Street East, #1450 Charleston, WV 25301 Re: WVGOP Issue Ads

on Walt Helmick Much of the Primary and General Election campaign for the office of WV Commissioner of Agriculture has centered on candidate Walter D. Helmicks attempts to circumvent the WV State Constitution in an effort to run for said office, despite not being or ever have been a practicing farmer. Farming is defined in several ways, but a dictionary definition seems most obvious. http://dictionary.reference.com/browse/farm?s=t The same site also defines the term farmer. http://dictionary.reference.com/browse/farmer?s=t In fact, in Kanawha County Circuit Court on February 29, 2012, while arguing against the legal requirement to be a practicing farmer in order to run for this office, Helmick testified under oath that he met none of the above definitions of farming or being a farmer. This below is a link to the transcript of that hearing from February 29, 2012. Helmicks testimony to his lack of farming credentials begins on Page 32 of this PDF. https://docs.google.com/open? id=1_u63ra0BNzi_APzb8HKGxfJZRICkREFpXARteOOMyD20Q0rGOvrsAWR2ng0x That testimony includes Helmicks admission that his sole sources of income are his Legislative salary from the State Senate and a business called Allegheny Lodge LLC that rents vacation cabins and bottles spring water. That is also confirmed in duplicate by his annual filing with the WV Ethics Commission. The filing is dated January 18, 2012. In it, Helmick claims that Allegheny Lodge LLC is involved in Water Sales/Cottage Rentals. No mention is made of farming. http://www.ethics.wv.gov/Financial%20Disclosure/Helmick,%20Walt%20(SPocahontas).pdf When asked in that February 29 court hearing if he raises agricultural crops, livestock, poultry, or milk or egg-bearing animals, he answers negatively each time. In fact, the argument posited by Helmick and his counsel is quite simply that one need not be a

farmer at all in order to run for this office. Clearly, if one testifies in open court that he is not an actual farmer, then he should be taken at his word.

As to the three challenges to the facts of this advertisement, all are easily answered. The first statement is that Mr. Helmick (1) resides on a 200 acre farm in Minnehaha Springs, Pocahontas County, which he owns. According to Mr. Helmicks campaign website on October 11, 2012, Mr. Helmicks residence is described as: ........His wife, Rita, is a former school teacher and lawyer. Together they launched a natural spring water bottling company on their 200 acre farm in Minnehaha Springs, Pocahontas County. They make their home in both Charleston and Minnehaha Springs. http://helmickforwv.com/aboutwalt.html Mrs. Helmick owns a Charleston condominium on the 17th floor of the exclusive Imperial Towers building overlooking the Capitol. She has owned the property since at least 2000 according to these Kanawha County tax records. The couple have no other listed taxable property or vehicles in Kanawha County. http://129.71.205.110:8383/ticket.html?TPTYR=2012&TPTICK=44232&TPSX= Pocahontas County tax records indicate the couple owns four land parcels there, one of which is taxed as a business (Class 3) for the rental cabins. Only one of the other parcels is taxed for any buildings, and those buildings are appraised at only $19,220 by Pocahontas County in 2010. It is unclear on which property or in which structure Helmick lives when he is in Pocahontas County. Tax records there indicated the couple owns two cars, an Audi TT and a Chrysler Sebring. Pictures of those real estate and car tax records can be found at: http://thepocahontascommentator.blogspot.com/2012/01/local-farmer-pioneerstractorless.html If no farming activities, as defined by a dictionary or testified to in court, occur at these properties in Pocahontas County, then Claims #1 and #3 are rendered moot.

In #1, does Helmick live in a condominium? Yes. Further, if his Pocahontas County properties are not farms nor has he ever operated them as a farm, then his claim to reside on a 200 acre farm is moot as is his claim in #3 that he owns a 200 acre farm in Minnehaha Springs...... Just calling a piece of land a farm does not make it such if no agricultural activity for profit occurs there. As for Claim #2, regarding vehicle ownership, it is clear that Mr. Helmick does not own a truck. He is not a listed owner of a taxed personal or commercial truck in either of his alleged counties of residence according to county assessor records. Incorrectly, Mr. Susman states that Helmick is a sole owner of Allegheny Lodge LLC, asserting by proxy that he owns a truck that is titled to said LLC. Records filed at the WV Secretary of State indicate that the Allegheny Lodge LLC is actually a multi-member LLC, formed in September 2001 for the business purpose of Accomodation and Food Services - Accomodation - Traveler Accomodation Including Hotels and Motels. http://apps.sos.wv.gov/business/corporations/organization.aspx?org=203131 According to those WV SOS records, the LLC is owned by Helmick and wife Rita Hedrick-Helmick. Does Walt Helmick solely own this alleged truck? No. At best, by proxy, he owns a portion of a truck. The reality? His business owns a truck. Further, since Helmicks Pocahontas County property meets none of the standards to be considered a Farm by definition, the 1990 Chevrolet Silverado truck that Helmick asserts to be a Farm Use vehicle quite clearly isnt. It appears nowhere in Pocahontas County tax records that we could find in our good faith research efforts. Considering the text of WV Code 17A-3-2, Helmick is likely violating the law by keeping an unregistered and untaxed vehicle under the auspices of Farm Use. This is a clear avoidance of county property taxes on said truck, as well as a skirting of annual licensing fees. http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=17a&art=3&section=2 We suggest he report the VIN number of said Silverado Truck to his county assessor to avoid any further tax or DMV penalties. In conclusion, we assert that all claims in this commercial are truthful. That Mr. Helmick continues to claim to operate an agricultural company, when none of his personal business activities can be described as farming by any legal or dictionary definition. And further, that Mr. Helmick impeached himself in sworn testimony by admitting that none of his activities constitute farming or are in any sense a part of agriculture.

Since it can be clearly proved that Mr. Helmick has claimed to own an agricultural business, yet doesnt fit any definition of farm or farmer, we will stand by our commercials identifying him as a Fake Farmer. Walt Helmick is a Fake Farmer.