SHANE SCANLON, DISTRICT ATTORNEY IN THE COURT OF COMMON PLEAS

OF LACKAWANNA COUNTY, OF LACKAWANNA COUNTY

Plaintiff

Public Relator, Joseph Pilchesky

Civil Action Quo Warranto

v.

David Bulzoni, Business Administrator for City of Scranton,

City of Scranton, Mayor William Courtright,

and Scranton City Council,

Defendants 15-CV-_________________

COMPLAINT IN QUO WARRANTO AND REQUEST FOR INJUNCTIVE RELIEF

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:

Parties

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.
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.
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.
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.
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.

Quo Warranto

7. Mayor William Courtright took office in January of 2014.

8. Upon taking office, he appointed Bulzoni as the Business Administrator.
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.
10. Bulzoni has a home address of 2187 Port Royal Rd., Clark Summit, PA 18411, which
is located out of the City.
11. By the end of 2015, Bulzoni had not yet moved into the City.
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, Councils Minutes
where they granted the waiver.
13. Councils waiver expired on December 31, 2015.
14. Bulzoni is holding the office of Business Administrator in conflict with the Ordinance
under the Administrative Code at Section II.
15. The Ordinance under Section II of the Administrative Code mandates that the Bulzoni
must be removed from office.
 WHEREFORE, the Plaintiff respectfully requests that the Court direct Mr. Bulzoni to vacate
the office of the Business Administrator.

Request for Injunctive Relief

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.
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.
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.
19. No one else is better situated to bring this action.
20. Status quo will be restored if Bulzoni is removed from the office of Business
Administrator.

WHEREFORE, the Plaintiff respectfully requests that the Court direct Mr. Bulzoni to vacate
the office of the Business Administrator immediately.

Respectfully submitted,

__________________________ _____________________________

Shane Scanlon, District Attorney Public Relator, Joseph Pilchesky

614 Spruce St. 819 Sunset St.

Scranton, Pa Scranton, PA 18509

 Verification

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.

Date;________________

_______________________________ ________________________________

Shane Scanlon, District Attorney Public Relator, Joseph Pilchesky

415 Spruce St. 819 Sunset St.

Scranton, Pa Scranton, PA 18509

 Certificate of Service

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:

David Bulzoni, Business Administrator Mayor William Courtright

340 N. Washington Ave. 340 N. Washington Ave.

Scranton, PA 18503 Scranton, PA 18503

Scranton City Council

340 N. Washington Ave.

Scranton, PA 18503

________________________________ _____________________________

Shane Scanlon, District Attorney Public Relator, Joseph Pilchesky

415 Spruce St. 819 Sunset St.

Scranton, Pa Scranton, PA 18509

January 14, 2016

Shane Scanlon, District Attorney

415 Spruce St.

Scranton, PA 18503

Dear Mr. Scanlon,

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,

Joseph Pilchesky, Public Relator

819 Sunset St.

Scranton, PA 18503

570-591-4300
January 14, 2016

Mayor William Courtright

240 N. Washington Ave.

Scranton, PA 18503

Dear Mayor Courtright,

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.

Respectfully,

Joseph Pilchesky
819 Sunset St.
Scranton, PA 18503
570-591-4300

CC: Scranton City Council, David Bulzoni, Business Administrator