HomeMy WebLinkAbout01-03517
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 6
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3517
ORDER
And now this ~ day of June, 2001, upon consideration ofthe above captioned petition
and the objections filed by the Cumberland County Board of Elections it is ordered and decreed
that:
(a) The Petitioner shall deposit $50.00 cash, or a $100.00 bond pursuant to 25 P.S. 3261,
within three (3) days of service personally or by registered mail, or the Petitioner's Petition shall
be denied.
(b) If Petitioner does deposit $50.00 cash, or security pursuant to (a) above, then the
Board of Elections staff shall conduct a recanvassing of the vote after service personally or by
registered mail of the time and place of the recount to the office of Lower Allen Township
Connnissioner and the office of School Board. (See 25 P.S. 3261(c))
BY THE COURT /
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 6
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3517
COUNTY OF CUMBERLAND BOARD OF ELECTIONS OBJECTIONS
TO PETITION FOR RECANV ASS OF VOTES
And now come, the Cumberland County Board of Elections through its Solicitor, Stephen
D. Tiley and states the following:
1. Petitioners filed Petition for recanvass under the Election Code, 25 P.S. 3261.
2. Section 1701{b) of the Election Code, 25 P.S. 3261, requires that a petitioner
deposit $50.00 cash, or $100.00 bond, for each ballot box desired to be opened.
3. Petitioners in this case has failed to deposit said cash or post said bond.
4. The Board of Elections must certify the results of this election to the State as soon
as possible.
WHEREFORE, the Cumberland County Board of Elections prays that your Honorable
Court enter an Order:
(a) Directing that the Petitioner deposit $50.00 cash, or a $100.00 bond pursuant to 25
P.S. 3261, within three (3) days of service personally or by registered mail, or the Petitioner's
Petition shall be denied.
(b) Directing that if Petitioner does deposit $50.00 cash, or security pursuant to (a)
above, then the Board of Elections staff shall conduct a recanvassing of the vote after service
personally or by registered mail of the time and place of the recount for the office of Township
Connnissioner and office of School Board. (See 25 P.S. 3261(c))
Respectfully submitted,
#.JJ.M
Stephen D. Tiley, Esquire
Assistant Solicitor
Date: ~- g--O/
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VERIFICA TION
I, John S. Ward, being duly sworn according to law, deposes and states that he is the
Chief Clerk of Cumberland County, Pennsylvania; that it is his information and belief that the
facts set forth in County of Cumberland Board of Elections Objections to Petition for Recanvass
of Votes attached hereto are true and correct to the best of his knowledge, information and belief.
This Verification is made subject to penalties of 18 a. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: c; - K, u I
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 6 CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
TEFUV4 200t.
NO. &1-35/7 &vJ
TO THE HONORABLE JUDGES OF THE SAID COURT:
The Petition of the undersigned respectfully represents as follows:
1. The Petitioners are citizens and qualified electors of Lower Allen Township, 6th
Precinct, of Cumberland County, Pennsylvania.
2. A general election was held therein on May 15,2001 (the "Primary Election") for the
Office of Township Commissioner of Lower Allen Township.
3. A general election was held therein on May 15,2001 (the "Primary Election") for
School Board Director, Region 2, of West Shore School District.
4. Upon information and belief which they may consider reliable, Petitioners aver that
Error was committed in the canvassing of the votes cast on the ballot in said Election
District.
5. Your Petitioners believe that the return of votes of said Election District is a false
return and untrue.
6. This petition for a recanvass of the votes in the Election District is being filed
Pursuantto 25 P.S. 3261.
WHEREFORE, Petitioners pray that your Honorable Court enter an Order directing
The recanvassing ofthe vote by a hand count in the said Election District, appointing
a time and place for the proposed recanvass of the votes in the Election DistJ;ict, that
notice of the time and place of the proposed recanvass be given by registered mail to
each candidate whose name appears on the ballot for the offices fRegion 2 West
Shore School Board Director and Lower Allen Township 0 issione..
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VERIFICAtION
The undersigned hereby states that they are the Petitioners in the foregoing Petition for
Recanvass of Vote in Lower Allen Township, Precinct 6, of Cumberland County,
Pennsylvania, and verifies that the statements made in the foregoing Petition are true and
correct to the best of their knowledge, information, and belief.
The undersigned understand that the statements therein are made subject to the
penalties of 18 Pa. C. S.A. 4904 relating to unsworn falsification to authorities.
DATE: I (T' 7-6/
DATE:0-7~o/
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CERTIFICATE OF SERVICE
I, ~, . hlll . - , hereby certify that I personally served IJr. WoODJ. at
Sl'lJ a.~.~~ ,2001, by handing him/her a copy of said notice of the time and
place ofthe recanvass of the Election District listed below:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517 ../
Acknowledgement of Receiot of Notice ofReca vass
I,']b JV i <; /0... G whcandidate for School Board for the above listed Election
Districts, receIved a copy of the notice of the time and place of the recanvass ofthe Election
Districts listed above at 6: Do a"m"Ip.m. on June 8 ' 2001.
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JUN-l~2001J10N gS:32 AM CUMBERLAND COUNTY COMMIS
FAX NO, 717 240 6448
P. 01
CERTIFICATE OF SERVICE
'. l,)~ S. Ze-,:/<< , hereby certify that I personally served '7cdd, flrnlxo$( at
9.3(" @'p.m, on June ~, 2001, by handing himlher a copy of said notice of the time and
place of the recanvass of the Election District listed below:
Petition for Recanvass of Vote in Lower All~n 1
Petition for Recanvass of Vote in Lower All~n 2
Petition for Recanvass of Vote in Lower All~n 3
Petition for Recanvass of Vote in Lower Allen 4
Pctition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517 ,r
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Acknow1ed\!ement of Receipt of Notice ofRec3.nvass
I didate for Township Commissioner for the above listed
Electio 's cts, rece ved a copy of the notice of the time and place of the recanvaSS of the
Election Districts listed above at c'? ~lia.m~p.m. on June // ,2001.
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served a true and correct copy of the notice of the
time and place of the recanvass of the Election Districts listed below to Paul Wis10cky, 1516
McCormick Drive, Mechanicsburg, P A 17055, by overnight mail via Federal Express, on the
date hereinafter set forth.
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of V ote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517-
Date: c:, ~//-O 1
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certifY that I served a true and correct copy ofthe notice of the
time and place of the recanvass of the Election Districts listed below to Al Ferguson, 7
Cedarhurst Lane, Camp Hill, P A 17011, by overnight mail via Federal Express, on the date
hereina,fter set forth.
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of V ote in Lower Allen 5
Petition for Recanvass of V ote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517
Date: t.~/I-07
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served a true and correct copy of the notice of the
time and place of the recanvass ofthe Elections Districts listed below to Richard F. Schin, 9
Scarsdale Drive, Camp Hill, P A 17011, by overnight mail via Federal Express, on the date
hereinafter set forth.
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517'/
Date:
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served Bob Pavolisch, 18-A Colegate Drive,
Camp Hill, P A 17011,a true and correct copy of the County of Cumberland Board of Elections
Objections to Petitions for Recanvass of V otes and executed Orders for the following by
overnight mail via Federal Express, on the date hereinafter set forth.
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of V ote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517.......
Date: r;;. -//-0/
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J 'A. Walter
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served a true and correct copy of the notice ofthe
time and place of the recanvass of the Election Districts listed below to Bob Pavlovich, 18-A
Colegate Drive, Camp Hill, PA 17011, by overnight mail via Federal Express, on the date
hereinafter set forth.
Petition for Recanvass of V ote in Lower Allen 1
Petition for Recanvass of V ote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517 r
Date:
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Jan . Walter
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CERTIFICATE OF SERVICE
I,
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U~, hereby certify that I personally servedU~A'1a-.~ at
. on June _,2001, by handing him/her a copy of said notice of the time and
e recanvass ofthe Election District listed below:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of V ote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of V ote in Lower Allen 4
Petition for Recanvass of V ote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517./
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Acknowledgement of Receiot of Notice ofRecanvass
I,~/)I ;,.j;J..t..iZJ ' candidate for School Board for the above listed Election
Districts, received a copy of the notice ofthe time and place of the recanvass ofthe Election
Districts listed above at ,[},' L/ >5 a.m8'on June ?r ,2001.
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CERTIFICATE OF SERVICE
I,
Cricke.t
Cumbe
Orders at
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, Carn Hill, P A 17011, by handing to her a true and correct copy of the County of
d Board of Elections Objections to Petitions for Recanvass of Votes and executed
i9.'Cf'-,- a.m./@for the following:
Petition for Recanvass of V ote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of V ote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517 /"
Date: 0- 2-01
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RE:
PETITION FOR RECANV ASS OF
VOTE IN SHIREMANSTOWN
BOROUGH
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3441
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I, ! personally served JIl1, ru.J L'1.,{,J at
~J7 a?t. on June ~, 2001, by handing him a copy of said notice of the time and
place of the recanvass of the Election District listed above.
Acknowledgement of Receipt of Notice ofRecanvass
I," ~ , candidate for Mayor for the above listed Election District,
received a co ofthe notice ofthe time and place of the recanvass of the Election District listed
above at :0 2, 7 a.m./p.m. on June y ,2001.
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CERTIFICATE OF SERVICE
I, ffi ~ ' hereby certify that I personally served e.J.!r.~'C..at
J'iS- a.m Jil!bn une --z...-, 2001, by handing himlher a copy of said notice ofth and
place of the recanvass of the Election District listed below:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
CiviINo.01-3517./
Acknowled ement ofRecei t of Notice ofRe nvass
, candidate for Township Commissioner for the above listed
v copy of the notice of the time and place of the recanvass ofthe
bove at '2,~ 'f~.Ip.m. on June ){ ,2001.
Electi n Districts, rec
Election Districts liste
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CERTIFICATE OF SERVICE
U~, hereby certify that I personally serveda/}1/Y1h/~ at
. on June _, 2001, by handing himlber a copy of said notice ofthe time and
e recanvass ofthe Election District listed below:
Petition for Recanvass of V ote in Lower Allen 1
Petition for Recanvass of V ote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of V ote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517"'/
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Acknowledgement of Receiot of Notice ofRecanvass
I,~ jj;JJ-iZJ ' candidate for School Board for the above listed Election
Districts, received a copy of the notice of the time and place of the recanvass ofthe Election
Districts listed above at {3: L/"5 a.m<fri90n June S'" ' 2001.
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CERTIFICATE OF SERVICE
I,
Cricket
Cumbe
Orders at
.2/a.La , hereby certify that I personally served Ann Wilson, 119
, Cam Hill, P A 17011, by handing to her a true and correct copy of the County of
d Board of Elections Objections to Petitions for Recanvass of Votes and executed
c) :Lf'-,- a.m./@for the following:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517
Date: &,- fi-or
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 6
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3517
~ ORDER
And now this f~ day of June, 2001, upon consideration of the above captioned Petition
and Motion for Confirmation of recanvass of Vote for the offices of School Board and Township
Commissioner filed by the Cumberland County Board of Elections it is ordered and decreed that:
1. The recanvass of the ballots cast for the nomination of candidates for the offices
of School Board and Township Commissioner in above referenced precinct resulted in the
following:
School Board
Al Ferguson
Pat Woods
Ann Wilson
Todd Ambrose
Paul Wislocky
Re\lublican
64
103
129
68
101
Democratic
21
32
54
23
28
Townshio Commissioner
Richard F. Schin
Peddrick M. Young, Sr.
Bob Pavlovich
Re.publican
153
129
138
Democratic
8
5
10
2. The Court certifies that no fraud or substantial error was discovered.
3. In accordance with Section 3261(e) ofthe Election Code, 25 P.S. 3261(e), the
Prothonotary is directed to pay the said sum deposited with him pursuant to said Petition be paid
to the County Treasurer. '
.
J.
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CUMUb~iL;\>JD COUNTY
PENNSYLVANiA
~,Il&J.~ilIlIl"I~!III,~,;;1i JJlJljlJ:il,JILWMI" """",1.,,,, ,,,<_.,,,,, ,
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RE'
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 6
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO, 01-3517
COUNTY OF CUMBERLAND BOARD OF ELECTIONS
MOTION FOR CONFIRMATION OF RECANV ASS OF VOTE
And now comes, the Cumberland County Board of Elections through its Solicitor,
Stephen D. Tiley and states the following:
1. Petitioners filed a Petition for recanvass under the Election Code, 25 PB, 3261 on
June 7, 2001.
2, The Cumberland County Board of Elections filed obj ections to said Petition on
June 8, 2001 requesting that the Court enter an Order directing the Petitioners to deposit $50,00
cash, or a $100.00 bond pursuant to 25 P,S, 3261.
3, The Court entered an Order directing Petitioners to deposit $50,00 cash, or a
$100,00 bond within 3 days after service personally or by registered mail, or Petitioner's Petition
shall be denied,
4, Petitioner, Ann Wilson, was personally served said Order at 2:45 p,m, on June 8,
200 I by Janet A. Walter.
5, Petitioner, Bob Pavlovich, was served said Order by overnight mail on June 12,
2001.
6,
Office.
Petitioners filed the required security on June 8, 2001, in the Prothonotary's
7, The time and place of the recanvass was set for 9:00 a,ID" Wednesday, June 13,
2001, at the Cumberland County Board of Elections, 37 W, High Street, Carlisle, PA by the
Board of Elections.
8. All candidates for School Board and Township Commissioner were served with
Notice of the time and place of the recanvass.
9. The recanvass was conducted as scheduled.
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10. The recanvass did not result in any vote discrepancy for Petitioner's Republican
vote or Democratic vote, nor any Republican or Democratic vote discrepancy for the other
candidates for either School Board or Township Commissioner except for Richard F. Schin,
candidate for Township Commissioner, who each received one additional Democratic vote.
The results of the recanvass are as follows:
School Board
Al Ferguson
Pat Woods
Ann Wilson
Todd Ambrose
Paul Wislocky
Republican
64
103
129
68
101
Democratic
21
32
54
23
28
Township Commissioner
Richard F. Schin
Peddrick M. Young, Sr,
Bob Pavlovich
Republican
153
129
138
Democratic
8
5
10
11. The recanvass did not result in fraud or substantial error, nor did it effect the
result of the Republican or Democratic Primary Election.
12. In accordance with Section 3261(e) ofthe Election Code, 25 P.S. 3261(e), upon
certification of the court that fraud or substantial error was not discovered, the Prothonotary shall
pay the said sum deposited with him to the County Treasurer.
WHEREFORE, the Cumberland County Board of Elections prays that your Honorable
Court will direct the sum deposited by Petitioners pursuant to Section 3261 ofthe Election Code,
25 P.S. 3261 by paid to the County.
Respectfully submitted,
#;0" ?A
Stephen D. Tiley
Solicitor to the Board of Elections
Date: ~
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VERIFICA TlON
I,Dennis Marion, being duly swom according to law, deposes and states that he is the
County Administrator of Cumberland County, Pennsylvania; that it is his information and belief
that the facts set forth in County ofCnmberland Board of Elections Motion for Confirmation of
Recanvass of Vote hereto are true and correct to the best of his knowledge, information and
belief.
This Verification is made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
~~
-Dennis Marion
County Administrator
Date: r;-I )--01
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