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The charges to be filed by the state attorney general's office come three months after the state Ethics Commission found that Habay used his state-paid employees, office and equipment for political purposes and then lied about it.

The five-term Republican from Shaler is in the process of paying $13,000 in restitution for violating state ethics laws. Habay, 38, is expected to turn himself in this morning at the office of District Justice Robert Dzvonick, Shaler police Chief Jeffrey Gally said.

Sean Connolly, spokesman for Attorney General Jerry Pappert, refused comment yesterday.

Habay, who is running unopposed in the Nov. 2 election, did not return phone calls. No one answered the door yesterday at his home on Redstone Drive in Shaler. Shortly after a reporter knocked on the door, a man in a white minivan drove quickly out of the driveway.

Staff workers at Habay's office in Shaler said they had no information about the situation. One of his attorneys, Kenneth R. Behrend, was said to be out of town and unavailable for comment.

Steve Miskin, a spokesman for the House Republican Caucus, said he did not know if Habay has contacted House leaders.

The state Ethics Commission found that Habay used legislative staffers to campaign for him on state time on tasks such as arranging fund-raisers, making election signs, soliciting for campaign contributions and preparing political mailings.

The Ethics Commission report also said Habay used state office equipment for political work.

The case was turned over to Pappert's office and Allegheny County District Attorney Stephen A. Zappala Jr. for review. A spokesman for Zappala's office said he was unaware of the attorney general's charges.

Habay called the Ethics Commission report "unfair and wrong," but said he would repay the money to ease the concerns of his constituents. He also claimed that the charges were politically motivated.

After the Ethics Commission issued its report, Habay was removed from his post as deputy whip of the state House.

The charges to be filed today are misdemeanors, Gally said. The chief said Habay will have the option of entering the Accelerated Rehabilitative Disposition program, a probation program for first-time, nonviolent offenders.

Defendants who successfully complete the program have their criminal records expunged.

A civil suit against Habay is pending before Commonwealth Court Judge Robert Simpson.

Citizens from Habay's district asked the court for an audit of Habay's campaign finance reports, claiming there were irregularities and underreporting of expenses and debts.

Habay's attorney argued there were a few clerical errors but no violations of the law.

Simpson isn't likely to issue a ruling until next month.

Ironically, House Speaker John M. Perzel, R-Philadelphia, and state Rep. Mike Turzai, R-McCandless, are scheduled this morning to visit Marshall and Pine-Richland middle schools, both in the North Hills, to talk to students about elected office and the pressures and difficulties legislators face in solving public problems.

Staff writers Brad Bumsted, Brian Rittmeyer and David Conti contributed to this report.

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