HomeMy WebLinkAbout01-03520
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PREClNCT 5
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3520
ORDER
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And now this ~ day of June, 2001, upon consideration of the 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
Commissioner and the office of School Board. (See 25 P.S. 3261(c))
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PREClNCT 5
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3520
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 ofthis 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
Commissioner and office of School Board. (See 25 P.S. 3261(c))
Respectfully subrnitted,
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St~~ D, Tiley, Esquire
Assistant Solicitor
Date: (o~<K--ol
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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 Obj ections 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 8 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: C,- 8"-01
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RE:
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
TE~ 2001
NO "'J /1. 'If
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TO THE HONORABLE JUDGES OF THE SAID COURT:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PREClNCT 5 CUMBERLAND COUNTY
The Petition of the undersigned respectfully represents as follows:
1. The Petitioners are citizens and qualified electors of Lower Allen Township, 5th
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
Pursuant to 25 P.S. 3261.
WHEREFORE, Petitioners pray that your Honorable Court enter an Order directing
The recanvassing of the 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 District, 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 of Region 2 West
Shore School Board Director and Lower Allen Township Commissioner.
DATE (p/Iof/
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VERIFICATION
The undersigned hereby states that they are the Petitioners in the foregoing Petition for
Recanvass ilfVote in Lower Allen Township, Precinct 5, 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: ~ k,/ D 1
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CERTIFICATE OF SERVICE
I, ~ - ;J Il. , hereby certify that I personally served fd" WooD..), at
~a.~,~~ ,2001, by handing him/her 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 Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of V ote 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 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
Acknowledgement of Receipt of Notice ofRec vass
I,~)\" i (; /0-.. ~ ktrhcandidate for School Board for the above listed Election
Districts, received a copy of the notice of the time and place of the recanvass of the Election
Districts listed above at 6: 03 &omdp.m. on June fJ ,2001.
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JUN-II-2001 MON 08:32 AM CUMBERLAND COUNTY COMMIS
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FAX NO, 717 240 8448
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CERTIFICATE OF SERVICE
. '1,:)~ s. Ze"'5W , hereby certify that I personally served 'f&:Jd !irr.txoS( at
9.'3(. @,p,m. on June ~, 2001, by handing him/her a copy of said notice ofthe time and
place ofthe recal1vass of the Election District listed below:
Petition for F.ecanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allf;m 2
Petition for Recanvass of V ote in Lower Al1l!n 3
Petition for Recanvass of Vote in Lower AIl~n 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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Aeknowled~ement of[{eeeipt of Notice ofRecanvass
I didate for Township Commissioner for the above listed
E1ectio s cts, rece ved a copy of the notice ofthe time and place of the recanvass of the
Election Distri.Cis listed above at tl9'- ::tl,a.mlp,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 ofthe recanvass of the Election Districts listed below to Paul Wislocky, 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 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
Date: (;, ~/I-07
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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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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 Al Ferguson, 7
Cedarhurst Lane, Camp Hill, PA 17011, by overnight mail via Federal Express, on the date
hereini}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 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: t-//-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, PA 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 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:
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served Bob Pavolisch, 18-A Colegate Drive,
Camp Hill, PA 17011,a true and correct copy of the County of Cumberland Board of Elections
Objections to Petitions for Recanvass of Votes 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 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: ~ -//-0/
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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 Bob Pavlovich, 18-A
Colegate 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 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
Date:
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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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CERTIFICATE OF SERVICE
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,U.eft" hereby certify that I personally served a/)1/?'l a--/.-Mn at
. on June _,2001, by handing him/her a copy of said notice of the time and
e 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 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 ofReceiot of Notice of Recanvass
I,C1J11Jt. fj;!JiiJ ' candidate for School Board for the above listed Election
Districts, received a copy of the notice of the time and place of the recanvass of the Election
Districts listed above at 3: L/ '5 a.m~n June g' ,2001.
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CERTIFICATE OF SERVICE
I,
Cricke~
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Orders at
.2A , hereby certify that I personally served Ann Wilson, 119
, Cam Hill, P A 17011, by handing to her a true and correct copy ofthe County of
d Board of Elections Objections to Petitions for Recanvass of Votes and executed
cx'Y')- 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 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: t:,- ;;-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
Certificate of Service
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,$"~) a.m. . on June 5 ,2001,byhandinghim 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 of the notice ofthe time and place of the recanvass of the Election District listed
above at ~, ; 7 a.m./p,m. on June 9' ,2001,
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CERTIFICATE OF SERVICE
I, ~ ~ ' hereby certify that I personally served e-JJ.r,c,<-
J'fS- ;,l,m ~n line ---Z-' 2001, by handing him/her a copy of said notice ofth
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 /
Civil No, 01-3517
Acknowled ement ofRecei t of Notice ofRe nvass
Electi n Districts, rec
Election Districts liste
, candidate for Township Commissioner for the above listed
\I copy of the notice of the time and place of the recanvass of the
bove at ~./p,m. on June <i{ ,2001.
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CERTIFICATE OF SERVICE
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ULflt" hereby certify that I personally serveda.01A1a.-~ at
. on June _,2001, by handing himlher a copy of said notice ofthe time and
e 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
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Acknowledgement of Receiot of Notice ofRecanvass
I'~1/)t ~j/J1.6ZJ ' candidate for School Board for the above listed Election
Districts, received a copy of the notice of the time and place of the recanvass of the Election
Districts listed above at 3: L/ 6 a.mean June ?S ,2001. '
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CERTIFICATE OF SERVICE
. 2/~ , hereby certify that I personally served Ann Wilson, 119
Cricket , Cam Hill, P A 17011, by handing to her a true and correct copy ofthe County of
Cumbe nd Board of Elections Objections to Petitions for Recanvass of Votes and executed
Orders at 7X :4"- 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:
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PREClNCT 5
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3520
~ ~ ORDER
And now this ( day of June, 2001, upon consideration ofthe above captioned Petition
and Motion for Confirmation ofrecanvass 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
Republican
125
289
235
292
278
Democratic
64
106
88
59
36
Townshill Commissioner
Richard F. Schin
Peddrick M. Young, Sr,
Bob Pavlovich
Republican
385
355
334
Democratic
18
2
23
2. The Court certifies that no fraud or substantial error was discovered.
3. In accordance with Section 3261(e) of the 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.
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PENNSYLVANiA
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PREClNCT 5
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3520
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 P .S. 3261 on
June 7, 2001.
2. The Cumberland County Board of Elections filed objections 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,
2001 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.m., Wednesday, June 13,
2001, at the Cumberland County Board of Elections, 37 W. High Street, Carlisle, P A 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.
10. The recanvass did not result in any vote discrepancy for Petitioner, Ann Wilson's,
Republican vote or Democratic vote, nor any Republican or Democratic vote discrepancy for the
other candidates for School Board except Todd Ambrose, who received one additional
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Democratic vote. For the nomination for Township Commissioner the recanvass did result in
one additional Democratic vote for Petitioner, Bob Pavlovich and resulted in 4 additional
Democratic votes for Township Commissioner candidate Richard F, Scmn. It did not result in
any vote discrepancy for any of the other Township Corrimissioner Republican or Democratic
votes.
The results of the recanvass are as follows:
School Board
Al Ferguson
Pat Woods
Ann Wilson
Todd Ambrose
Paul Wislocky
Republican
125
289
235
292
278
Democratic
64
106
88
59
36
Township Commissioner
Richard F. Schin
Peddrick M. Young, Sf.
Bob Pavlovich
Republican
385
355
334
Democratic
18
2
23
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 of the Election Code,
25 P.S. 3261 by paid to the County.
Respectfully submitted,
~-;@ ,]/6
Stephen D. Tiley
Solicitor to the Board of Elections
Date: r
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VERIFICA TION
I, Dennis Marion, being duly sworn 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 of Cumberland 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.
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unis Marion
County Administrator
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Date: (p, -/ S~ D I
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