HomeMy WebLinkAbout02-5624CUMBERLAND COUNTY COURT OF COMMON PLEAS
In re: Petition of the Board of
Directors of the Mechanicsburg Area
School District to Change an
Approved Plan of Election Regions
NO.
VERIFICATION
The undersigned, Alan T. Vandrew, hereby verifies and states that:
1. He is the Secretary of the Board of School Directors and Business
Administrator of the Mechanicsburg Area School District;
2. The facts set forth in the foregoing Petition are true and correct to the
best of his knowledge, information, and belief; and
3. He is aware that false statements herein are made subject to the
penalties for perjury pursuant to 18 U.S.C. ' 1621.
Dated: 0o,~(,,~¢- ]-), 2002
Alan T. Vandrew
CUMBERLAND COUNTY COURT OF COMMON PLEAS
in re: Petition of the Board of
Directors of the Mechanicsburg Area
School District to Change an
Approved Plan of Election Regions
PETITION TO REAPPORTION ELECTION REGIONS
Jurisdictional Statement
This Court has original jurisdiction over this Petition pursuant to 42 Pa.
C.S. § 931 (a) and Section 303 of the Public School Code of 1949, Act of March 10,
1949, P.L. 30, as amended, 24 P.S. § 3-303.
Parties
1. Petitioner is the duly elected Board of Directors of the Mechanicsburg
Area School District ("District").
2. The current members of the School Board are James G. Cochran,
David M. Galinskie, Susan A. Komlenic, Tracy L. Morgan, Gregory P. Pappas, Donald
B. Spangler, Sandra B. St. George, Allen C. Warshaw, and Raymond D. White, Jr.
Backqround
3. The municipal subdivisions of the District are Upper Allen Township,
Borough of Mechanicsburg and Borough of Shiremanstown.
districts:
4. Each of these municipal subdivisions has the following election
a. Upper Allen Township - Precincts 1,2, 3, and 4.
b. Borough of Mechanicsburg - Wards 1,2-1,2-2, 3, 4, and 5.
c. Borough of Shiremanstown
12. In 1989, the highest population variance from the mean population
per region of 7,309 was 221 (7,309 - 7,088) or a percent variation of three (3%) percent
in Region I.
13. In 2000, the highest population variance from the mean population
per region of 8,731 is 1,347 (8,731 - 7,450), which amounts to a percent variation of
fifteen (15%) percent in Region III.
14. In 1989, the distribution of population per director was Region I -
2,363; Region II- 2,463; and Region III- 2,483.
15. In 2000, the population per director is Region I-3,006; Region II-
3,264; and Region III - 2,461.
16. The maximum variation in the number of individuals represented by
each board member from 1989 to 2000 has increased from 121 (2,483 - 2,363) to 802
(3,264 - 2,461 ).
17. These changes in maximum variation in number of individuals
represented equal a percentage shift from five (5%) percent to 27.6% of the mean
number represented.
18. Because of population growth and shifting since 1989, the population
of the regions is no longer as nearly equal as possible.
19. After careful investigation and review, the School Board has
determined there are significant disparities among election regions and has recognized
its duty to petition the Court of Common Pleas for a change in the approved plan.
20. At its regular Board meeting on October 7, 2002, the Board duly
adopted a Resolution adopting a proposed plan and directing that the plan be presented
to this Court for approval. A copy of the Resolution is attached hereto as Exhibit "C"
and made a part hereof.
Proposed Plan to Chanqe Three Reqions
21. In developing its proposed regional plan, the Board considered as
primary criteria the statutory mandates that the regions be as nearly equal as possible
and be compatible with the boundaries of election districts.
22. In addition to the two statutory criteria, the Board also considered the
following preferences:
a. To estimate and consider projected growth in each municipality
based on proposed subdivisions so that the proposed regional plan would not become
immediately obsolete;
-3-
29. The maximum variation in the number of individuals represented by
each board member between the highest and lowest regions is 277 (3,014 - 2,737) or
9.5% percent of the mean number represented.
30. The proposed plan meets all the mandatory criteria and preferences
established by the School Board in that:
a. The population distribution among regions are within reasonable
limits, particularly when persons per representative are considered.
b. A review of population growth indicates that Regions I and II are
currently experiencing the most rapid growth and Region III is experiencing the least
rapid growth so that the plan should result in even greater equalization among regions
in subsequent years. Several new developments are projected in Upper Allen Precincts
2 and 3, which are part of proposed Region I with the lowest population.
c. The proposed plan will permit complete phase-in of the new regions
without disrupting any current four-year seats sooner than the expiration of the sitting
school directors' terms.
d. The phase-in can be completed within four years through the
normal election process. A copy of the phase-in plan is attached as Exhibit "E" and
made a part hereof.
31. The proposed plan was shared with the Board of Directors at public
meetings on August 3, 2002 and October 7, 2002 and a pamphlet was mailed to all
district residents. A copy of the pamphlet is attached hereto as Exhibit "F" and made a
part hereof.
WHEREFORE, Petitioner requests this Honorable Court to approve the
proposed plan and phase-in schedule.
Respectfully submitted,
Dated: November
~/,2002
KEEFER, WOOD, ALLEN & RAHAL, LLP
Donna S. Weldon, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8049
Attorneys for Mechanicsburg Area
School District
-5-
EXHIBIT "A"
EXHIBIT "B"
Region 1 2000 Census
UA Precinct 2 3,504
UA Precinct 3 2,894
Shiremanstown 1,813
8,211
Re.q on 2 UA Precinct 1
UA Precinct 4
4,466
4,474
8,940
Region 3
Mech. Ward 1 1,012
Mech. Ward 2-1 1,516
Mech. Ward 2-2 1,913
Mech. Ward 3 1,661
Mech. Ward 4 1,282
Mech. Ward 5 1,658
9,042
Attached as Exhibit "A" to the Resolution is a map showing the proposed regions
and election districts, which map is incorporated by reference into this
Resolution.
SECTION 2. Statutory Requirements.
The proposed plan meets all statutory requirements in that it creates three
regions, the regional boundaries are compatible with the boundaries of election
districts, and the regions are established in such a manner that the population of
each region shall be as nearly equal as possible.
SECTION 3. Criteria Addressed.
In addition to the statutory mandate, the proposed Plan best, out of the
options considered, addresses the criteria established by the Board in that:
a. A review of population growth indicates that proposed Regions 1
and 2 are currently experiencing the most rapid growth and proposed Region 3 is
experiencing the least rapid growth so that the proposed regional plan should
result in even greater equalization among regions in subsequent years.
b. The proposed plan permits complete phase-in of the new regions
without disrupting any current four-year seats sooner than the expiration of the
sitting school director's terms. A copy of the phase-in plan is attached as Exhibit
"B" to the Resolution and made a part hereof.
EXHIBIT A
'Z
Z
~--_-=~ % ~==
· EXHIBIT B
PHASE-IN-PLAN
The phase-in plan for the redistricting would require two elections in order to
assure that every seat would open up for candidates from the new regions.
Current New Term
Seat Held By Region Region Expires
Election From
New Region
1 Ray White 1 2 2005 2005
2 Greg Pappas 1 2 2005 2005
3 Tracy Morgan 1 I 2003 2003
4 Jim Cochran 2 i 2003 2003
5 Dave Galinskie 2 1 2005 2005
6 Allen Warshaw 2 2 2003 2003
7 Susan Komlenic 3 3 2005 2005
8 Don Spangler 3 3 2003 2003
9 Sandy St. George 3 3 2003 2003
CERTIFICATE
I, the undersigned, Secretary of the Mechanicsburg Area School District,
Cumberland County, Pennsylvania ("School District"), hereby certify that: (a)
attached to this Certificate is a true, correct and complete copy of a Resolution
(the "Resolution") which was duly adopted at a meeting of the Board of School
Directors of the School District on October 7, 2002, at which a quorum was
present and acting throughout, and which was at all times open to the public; (b)
the total number of members of the Board of School Directors is nine; and (c) the
vote upon the Resolution was called and duly recorded upon the minutes and
that the members voted in the following manner.
James Cochran
David Galinskie
Susan Komlenic
Tracy Morgan
Gregory Pappas
Donald Spangler
Sandra St. George
Allen Warshaw
Raymond White
Yes
N~o Abstain Absent
WITNESS my hand and seal of the School District on October q ,2002.
[SEAL]
By
Secretary
EXHIBIT "D"
PHASE-IN PLAN
The phase-in plan for the redistricting would require two elections in order to assure that every
seat would open up for candidates from the new regions.
Current New Term Election From
Seat Held By Region Region Expires New Region
1 Ray White 1 2 2005 2005
2 Greg Pappas 1 2 2005 2005
3 Tracy Morgan 1 1 2003 2003
4 Jim Cochran 2 2 2003 2003
5 Dave Galinskie 2 1 2005 2005
6 Allen Warshaw 2 2 2003 2003
7 Susan Komlenic 3 3 2005 2005
8 Don Spangler 3 3 2003 2003
9 Sandy St. George 3 3 2003 2003
(4)
(5)
1985-1989- 1993- 1997-2001 -2005
1987- 1991 - 1995- 1999-2003-2007
EXHIBIT "E"
66H~-cjSO/-~ Vd '§Jnqso!u~qoel/~
~eeJ3s peoJ~ q3nos 00~
),O!J1S!Q IOOqOS ~e~v §mqso!u~qoe~
EXHIBIT "F"
CUMBERLAND COUNTY COURT OF COMMON PLEAS
In re: Petition of the Board of
Directors of the Mechanicsburg Area
School District to Change an
Approved Plan of Election Regions
No,
VERIFICATION
The undersigned, Alan T. Vandrew, hereby verifies and states that:
He is the Secretary of the Board of School Directors and Business
Administrator of the Mechanicsburg Area School District;
The facts set forth in the foregoing Petition are true and correct to the
best of his knowledge, information, and belief; and
He is aware that false statements herein are made subject to the
penalties for perjury pursuant to 18 U.S.C. ' 1621.
Dated: ~c_~,~(~ I-),2002 ~-~~
Alan T. Vandrew
CUMBERLAND COUNTY COURT Of COMMON PLEAS
In re: Petition of the Board of
Directors of the Mechanicsburg Area
School District to Change an
Approved Plan of Election Regions
AND NOW, this of ' ,2002, upon consideration
of the School Board of Mechanicsburg Area School District's Petition to
Reapportion Election Regions, it is hereby Ordered and Decreed that:
1. Petitioner shall arrange for the advertisement of the prescribed
notice of this action in the Cumberland Law Journal, The Sentinel, and in the
Harrisburq Patriot-News. The prescribed notice shall also be posted on the
School District Website and on each public bulletin board in each of the schools
of the District.
2. The notice shall be published one time and posted for 30 days and
shall be in the following form:
"Notice is hereby given that the Board of
School Directors of the Mechanicsburg Area School
District has petitioned the Cumberland County Court
of Common Pleas to approve a new plan fixing the
regional boundaries for the election of school
directors. A copy of the Petition will be available from
the Secretary of the Board, Alan Vandrew, at the
Administration Office between the hours of 8:00 a.m.
and 4:00 p.m. on regular business days.
Any objection to the proposed plan shall be
filed no later than thirty (30) days from the latest date
of publication of this notice with the Prothonotary of
the Cumberland County Court of Common Pleas,
Cumberland County Courthouse, One Courthouse
Square, Carlisle, PA 17013 and shall be served on
the Secretary of the School Board, Alan Vandrew, at
500 South Broad Street, Mechanicsburg, PA 17055.
Any objection shall clearly reference at the top of the
page the caption of the matter: 'In re: Petition of the
Board of Directors of the Mechanicsburg Area School
District to Change an Approved Plan of Election
Regions', shall be entitled, 'Objection to Petition to
Reapportion Election Regions', and shall state the
specific reasons for opposing the proposed region
plan."
3. Upon expiration of thirty (30) days from the latest date of
advertisement of the notice, the School Board may list this Petition for a hearing
or, in the alternative, file a motion seeking approval of the proposed region plan.
BY THE COURT
CUMBERLAND COUNTY COURT OF COMMON PLEAS
In re: Petition of the Board of
Directors of the Mechanicsburg Area
School District to Change an
Approved Plan of Election Regions
No. 02-5624 Civil
MOTION SEEKING APPROVAL
OF THE PROPOSED REGIONAL PLAN
1. On November 21,2002, the Board of School Directors of the
Mechanicsburg Area School District filed with the Prothonotary of this Court a
Petition to Reapportion the Election Regions of the District.
2. By December 2, 2002 Order, the Petitioner was directed to
advertise the prescribed notice of this matter in the C~jmberland Law Journa.!,
The Sentinel, and the Harrisburg Patriot-News and to post the notice on the
School District Website and on each public bulletin board in each of the schools
of the District.
3. On November 22, 2002, said Notice was advertised in the
Cumberland Law Journal. Proof of publication is attached hereto as Exhibit "A".
4. On November 15, 2002, said Notice was advertised in Th__.ge
Sentinel. Proof of publication is attached hereto as Exhibit "B".
5. On November 19, 2002, said Notice was advertised in The Patriot-
News. Proof of publication is attached hereto as Exhibit "C".
6. As required by the December 2, 2002 Order, the Notice was posted
on the School District Website and on each public bulletin board in each of the
schools of the District. An Affidavit from the Secretary of the Board of School
Directors certifying that this was accomplished is attached hereto as Exhibit "D".
7. The Notice required that any objections to the proposed plan be
served on the Secretary of the School Board no later than thirty (30) days from
the latest date of publication of that notice.
8. Thirty days from the latest date of publication of the Notice was
December 23, 2002, and, as of that date, the Secretary of the School Board has
received no objections to the proposed plan. The Affidavit attached hereto as
Exhibit "D" certifies that no written objections to the proposed plan have been
received.
9. The facts stated in the Petition to Reapportion Election Regions
comply with the two statutory mandates that the regions be as nearly equal as
possible and be compatible with the boundaries of the; election districts.
10. The facts as stated in the Petition support that the Board of School
Directors carefully considered and reviewed possible options to accomplish the
restructuring of the regions based on the statutory criteria.
11. The facts as stated in the Petition support that the 1989 plan no
longer complies with the statutory mandate that the regions be as nearly equal as
possible.
WHEREFORE, there having been filed no objections to the proposed
plan, Petitioner respectfully requests that this Court approved the proposed plan
as set forth in Resolution 2002-9 adopted by the Board of School Directors on
October 7, 2002.
DATED:
December 26, 2002
Donna S. Weldon, Esquire
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8049
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberhmd Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Car]lisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since .January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
NOVEMBER 22, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are
[orgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
22 day of iNOVEMBER 2002
EXHIBIT "A" - Pg. 1 of 2
CUMBERLAND LAW JOURNAL
NOTICE
NOTICE IS HEREBY GIVEN that
the Board of School Directors of the
Mechanicsburg Area School District
has petitioned the Cumberland Coun-
ty Court of Common Pleas to approve
a new plan fixing the regional boun-
daries for the election of school di-
rectors. A copy of the Petition will
be available from the Secretary of
the Board, Alan Vandrew, at the
Administration Office between the
hours of 8:00 a.m. and 4:00 p.m.
on regular business days.
Any objection to the proposed
plan shall be filed no later than thirty
{30) days from the latest date of
publication of this notice with the
Prothonotary of the Cumberland
County Court of Common Pleas,
Cumberland County Courthouse,
One Courthouse Square, Carlisle,
PA 17013 and shall be served on
the Secretary of the School Board,
Alan Vandrew, at 500 South Broad
Street, Mechanicsburg, PA 17055.
Any objection shall clearly reference
at the top of the page the caption of
the matter: Win re: Petition of the
Board of Directors of the Mechan-
lcsburg Area School District to
Change an Approved Plan of Elec-
tion Regions", shall be entitled "Ob-
Jection to Petition to Reapportion
Election Regions", and shall state
the specific reasons for opposing the
proposed region plan.
Nov. 22
11
EXHIBIT "A" - Pg. 2 of 2
PROOF OF PUBLICATION
State of Pennsylvania,
County of Cumberland.
Lori Saylor, Classified Advertising Manager of THE SENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th,
1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice
or publication attached hereto is exactly the same as was printed and published in the regular editions and
issues of THE SENTINEL on the following dates, viz
Copy of Notice of Publication
I
NOTICE
'Notice is hereby given that the Board of School
Directors of the Mechanicsburg Area School District
has petitioned the Cumberland County Court of
Common Pleas to approve a new plan fixing the
regional boundaries for the election of school
directors. A copy el the Petition will be available from
ti-~ Secretary of the Board, Alan Vandrew, at the
Administration Office between the hours of 8:00 a,m.
and 4:00 p.m. on regular business days.
Any objection to the proposed plan shall be Iliad no later
than thirty (30) days from the latest date of publlcation
of this notice with the Prothonotary of the Cumberland
County Court of Common Pleas, Cumberland County
Courthouse, One Courthouse Square, Carlisle, PA
17013 and shall be served on the Secretary of the
School Board, Alan Vandrew, at 500 South Broad
Street, Mechanicsburg, PA 17055. Any objection shaJl
clearly relerence at the top of the page the caption of
the matter: 'In re: Petition of the Board of Directors of
the Mechanicsburg Area School District to Change an
Approved Plan of Election Regions', shall be entitled
'Objection to Petition to Reapportion Election
Regions', and shall state the specific reasons for
opposing the proposed region plan'.
November 15, 2002
Affiant further deposes that he is not interested in
the subject matter of the aforesaid notice or
advertisement, and that all allegations in the
foregoing statement as to time, place and character
of publication are true.
November 20, 2002
Sworn to and subscribed before me this 20th
day of November ,2002.
?'4/~'~~ /~~t'~r~ Public
My commission expires:
We"~" L .N.o!adaJ Seal "'"'-'"'"-]
· "¥Y · MRIZ er, ",~: .
· .-------- ........:_.7"" -"-.'-': .... :~.~..~5
Mernt}e.i, t %, ,. ~:: : ... G, ::~:[ :~,[ ,:'.:~;.t h::~ ~.k,t~:~~
EXHIBIT "B"
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1!~29
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-New~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuou.=~ly published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 19th day(s) of November 2002. That
neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of
the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
"NotiCe II hereby given that the Boa. rd of
CeunfY Court of Common .,?~_~.~'~.[~.'
neW plan flxthg the regional ~__,~.~_r,,._[
the glecflea of icheel directors.
Pofltlon will be available trom.t~he~
of the Baerd, klafl Valldrew, m nm ~u.~,,, .....
trofton Office betwe~. ~ h.?_u_rt ~_~..'..vv a.m.
and 4 :~ p.m, on regular mmrm~ ?~?-. .__..
be flied I~e later ~ thlrl~ ~.~.t
Iofes! date of publlcoflen et' ~l~le n~. ~lC~. W_lm
ProthOnotary of the Cumberlane [;ounTy
: ~,[-J~t J3 and shall be sorved on the Secretory
nf fl~ School Beard, Alan vandreW, at
~'o~'t~ Broad Street, Mechanlcsb. Urg,_~
the to~ of the peue the cam, .op_o.
~ ;~ re: Petition of the Bonl31- .OT ¥.sr .%~,_,_-,.~ ,:'~
' Mechaofcsburg Are.a_?¢noo.,
~lom', shall be ontltl.e9 ~_m _e?_o_n, 'Z,~'~II
f0 Real~)ortlon Electlofl Keg,u~,,
state the ~eclfl¢ reasons for o~l)oslng ~ne pro-
I i~sod region plan'.
Sworn to and s~l~ed befqr4~e t~' 26,h da;~~O02 A.D.
I
I
NOT~RY~UBLIC
~, Pe~ania A~ ~ ~s My commission expires June 6, 2006
MECHANICSBURG AR EA SCHOOL DISTRICT
ATTN: ALAN T VANDREW
500 SOUTH BROAD STREET
MECHANICSBURG, PA. 17055
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 53.76
$ 1.75
$ 55.51
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
EXHIBIT "C"
CUMBERLAND COUNTY COURT Of COMMON PLEAS
In re: Petition of the Board of Directors
of the Mechanicsburg Area School
District to Change an Approved Plan of
Election Regions
No. 02-5624 Civil
AFFIDAVIT
The undersigned, Alan T. Vandrew, hereby verifies and states that:
He is Secretary of the Board of School Directors and Business
Administrator of the Mechanicsburg Area School District;
In that capacity, he was responsible for providing the notices required in
the Court Order of December 2, 2002, and is authorized to verify the
postings and make this certification;
The legal notice affixed to this Affidavit was posted on the School District
Website and on each public bulletin board in each of the schools of the
District for at least 30 days; and
The Board received no written objections to the proposed plan in
response to the Court-ordered advertisements in the Cumberland Law
Journal, The Sentinel, and the Harrisburg Patriot-News.
Dated: December 24, 2002
Alan T. Vandrew
Sworn to and subscribed
before me this ,~ day
of ~(~'h~ , 2002.
Public
to, Cumberland County
My Commission Expires July 30, 2006
Pennsylvania Assodation Of N~.des
Exhibit "D" - Pg. 1 of 2
** POSTED AT EACH SCHOOL BUILDING ON NOVEMBER 12, 20012
LEGAL NOTICE
"Notice is hereby given that the Board of School
Directors of the Mechanicsburg Area School District has
petitioned the Cumberland County Court of Common
Pleas to approve a new plan fixing the regional
boundaries for the election of school directors. A copy of
the Petition will be available from the Secretary of the
Board, Alan Vandrew, at the Administration Office
between the hours of 8:00 a.m. and 4:00 p.m. on regular
business days.
Any objection to the proposed plan shall be filed no
later than thirty (30) days from the latest date of
publication of this notice with the Prothonotary of the
Cumberland County Court of Common Pleas, Cumberland
County Coudhouse, One Courthouse Square, Carlisle, PA
17013 and shall be served on the Secretary of the School
Board, Alan Vandrew, at 500 South Broad Street,
Mechanicsburg, PA 17055. Any objection shall clearly
reference at the top of the page the caption of the matter:
'In re: Petition of the Board of Directors of the
Mechanicsburg Area School District to Change an
Approved Plan of Election Regions', shall be entitled
'Objection to Petition to Reapportion Election Regions',
and shall state the specific reasons for opposing the
proposed region plan".
Please post through: Thursday, December 12, 2002
Exhibit "D" -Pg. 2 of 2
CUMBERLAND COUNTY COURT OF COMMON PLEAS
In re: Petition of the Board of
Directors of the Mechanicsburg Area
School District to Change an
Approved Plan of Election Regions
No. 02-5624 Civil
AND NOW, this --~ day of~rc,L~,l~, upon consideration of the
School Board of Mechanicsburg Area School District's Petition to Reapportion
Election Regions and after public notice of said plan advising of the right to file
written objections to the proposed plan advertised in the Cumberland Law
Journal, The Sentinel, and The Patriot-News, the Court being satisfied that the
population of each of the proposed regions is as nearly equal as possible and
that the boundaries of each proposed region are compatible with the boundaries
of existing election districts, said plan is hereby approved and the following
regions for the election of school directors in the Mechanicsburg Area School
District are hereby created as follows:
Region 1 Upper Allen ("UA") Precinct 2
UA Precinct 3
Shiremanstown
Region 2
UA Precinct 1
UA Precinct 4
Region 3
Mechanicsburg ("Mech.") Ward 1
Mech. Ward 2-1
Mech. Ward 2-2
Mech. Ward 3
Mech. Ward 4
Mech. Ward 5
And further, pursuant to the provisions of subparagraph (3), Section
303(b) of the Public School Code of 1949, as amended, the Clerk of the Court is
hereby directed to certify said regional boundaries to the Cumberland County
Board of Elections.
BY THE COURT
CUMBERLAND COUNTY COURT OF COMMON PLEAS
In re: Petition of the Board of
Directors of the Mechanicsburg Area
School District to Change an
Approved Plan of Election Regions
No. 02-5624 Civil
APPLICATION FOR CLARIFICATION
Petitioner, Mechanicsburg Area School District, by and through its
counsel, Donna S. Weldon, Esquire, seeks clarification of this Court's order of
January 2, 2003.
1. Subsequent to the certification of the new regional boundaries to
the Cumberland County Board of Elections, the Mechanicsburg Area School
District solicitor was contacted by an official of the Cumberland County Board of
Elections to clarify Region I, specifically the election districts of Shiremanstown.
2. Shiremanstown is composed of two election districts -the Borough
of Shiremanstown and the Lower Allen Township I Annex, which appears in the
map labeled Exhibit "A" as the heel of the shoe in the southwest corner of the
Shiremanstown portion of the new Region I.
3. Throughout the submitted Petition, all references were to
Shiremanstown, which implicitly included by reference to Exhibit "A," Lower Allen
Township 1 Annex and the Borough of Shiremanstown.
4. To avoid any confusion with regard to the redistricting, the District is
seeking clarification of the January 2, 2003 Court Order for submission to the
Cumberland County Board of Elections to identify specifically the two election
districts under Shiremanstown.
5. Prior to filing this Application for Clarification, the solicitor contacted
the solicitor's office for the Cumberland County Board of Elections and received
information that satisfactorily addressed the concerns of the Board of Elections.
WHEREFORE, Petitioner requests this Honorable Court to clarify its
previous Order of January 2, 2003, to delete the general reference to
Shiremanstown and to state explicitly under the Region I two election districts by
specifying the Borough of Shiremanstown and Lower Allen Township 1 Annex
as separate entities.
DATED: January 28, 2003
Donna S. Weldon, Esquire
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8049
CUMBERLAND COUNTY COURT OF COMMON PLEAS
In re: Petition of the Board of Directors of
the Mechanicsburg Area School District
to Change an Approved Plan of Election
Regions
No. 02-5624 Civil
VERIFICATION
The undersigned, Donna S. Weldon, Esquire, hereby verifies and states that:
1. She is counsel to Petitioner, Mechanicsburg Area School District herein;
2. The facts set forth in the foregoing Application for Clarification are true and correct
to the best of her knowledge, information, and belief; and
3. She is aware that false statements herein are made subject to the penalties for
perjury pursuant to 18 U.S.C. § 1621.
Dated: January
2003
Donna S. Weldon, Esquire
CUMBERLAND COUNTY COURT OF COMMON PLEAS
In re: Petition of the Board of
Directors of the Mechanicsburg Area
School District to Change an
Approved Plan of Election Regions
No. 02-5624 Civil
AMENDED ORDER
AND NOW, this __~ay~003, upon consideration of the
School Board of Mechanicsburg Area School District's Application for
Clarification, the Court's Order of January 2, 2003, is amended and the following
regions for the election of school directors in the Mechanicsburg Area School
District are hereby created:
Region I Upper Allen ("UA") Precinct 2
UA Precinct 3
Borough of Shiremanstown
Lower Allen Township 1 Annex
Region 2
UA Precinct 1
UA Precinct 4
Region 3
Mechanicsburg ("Mech.") Ward 1
Mech. Ward 2-1
Mech. Ward 2-2
Mech. Ward 3
Mech. Ward 4
Mech. Ward 5
And further, counsel for the School District is directed to notify the
Cumberland County Board of Elections of this clarification by the Court.
BY THE COURT