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Home My WebLink About99-034004 RE. PETITION FOR RECANVASS OF VOTE IN SOUTH NEWTON TOWNSHIP CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3400 _ ORDER And now this day of June, 1999, 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, within4hreaJ5L,days of service personally or by registered mail, or the Petitioner's Petition shall be denied. S (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 for District Justice by way of electronic scanning equipment, after service personally or by registered mail to each District Justice candidate of notice of the time and place of the recount. (See 25 P.S. 3261(c)) (c) Should a discrepancy appear in the vote after electronic scanning, the Cumberland County Board of Elections shall conduct a recanvass by hand count, after service personally or by registered mail to each District Justice candidate of notice of the time and place of the hand recount. (See 25 P.S. 3261(c)) B H 0 T X. . offer, P. FI!.Ef ` ? ? !mac OF ? ' Zi4Y 99 JIJ';! -8 Pf: 4: or, :=cL4??U PSVNSYI AV'A ?. tal ? P ? cJ I v Q f e JUN 0 4 19990 RE: PETITION FOR RECANVASS OF VOTE IN SOUTH NEWTON TOWNSHIP CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM, n 1999 NO. 9 9 - 3?t oe L.C 7tnn,. TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of the undersigned respectfully represents as follows: I. The Petitioners are citizens and qualified electors of South Newton Township, of Cumberland County, Pennsylvania. 2. A general election was held therein on May 18, 1999 (the "Primary Election') for the office of District Justice of Magisterial District 09-3-01. 3 Upon information and belief which they consider reliable, Petitioners aver that fraud or error, although not manifest on the general return of votes made therefrom, was committed in the canvassing of the votes cast on the ballot in said Election District. 4. Your Petitioners believe that the return of votes of said Election District is a false return and untrue. 5. 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 office of District Justice of District 09-3-01. DATE: /7 as) v VERIFICATION The undersigned hereby states that they are the Petitioners in the foregoing Petition for Recanvass of Vote in South Newton Township, of Cumberland County, Pennsylvania, and verifies that the statements made in the foregoing Petition are true and correct to the j 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: D -o -?1y DATE:W/ DATE:?9 U: . , r 1 Li_. `i. 1• i _ C ._ rn CI, ?; RE: PETITION FOR RECANVASS OF COURT OF COMMON PLEAS VOTE IN SOUTH NEWTON TOWNSHIP : CUMBERLAND COUNTY CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3400 COUNTY OF CUMBERLAND BOARD OF ELECTIONS OBJECTIONS TO PETITION FOR RECANVASS OF VOTES And now come, the Cumberland County Board of Elections through its Solicitor, Stephen D. Tiley and states the following: 1. Petitioner filed Petition for recanvass under the Election Code, 25 P.S. 3261. Said section does not state by what manor the recanvass must made. 2. Petitioner is requesting a recanvassing by a hand count. 3. Cumberland County has adopted an electronic voting system. Recounts in counties using such systems are governed by section 1118-A of the Election Code, which provides as follows: "Should a recount of votes be ordered as provided by law, the ballots shall be recounted in accordance with the provisions of Article XVII. Manual, mechanical or electronic methods may be used as determined by the county board." 25 P.S. 3031.18 (footnote omitted. The footnote reference to 25 P.S. 2831 et seq. is in error The correct citation is to 25 P.S. 3261 ct seq) 4. The Cumberland County Board of Elections believes that a recanvass by way of its electronic scanning equipment is more reliable than a hand count and less time consuming. 5. 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. 6. Petitioner in this case has failed to deposit said cash or post said bond. 7. 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 by way of electronic scanning equipment. Should a discrepancy appear in the vote after electronic scanning, the Cumberland County Board of Elections shall conduct a recanvass by hand count. Respectfully submitted, J 7 --e2 Stephen D. Tiley, Esquire Assistant Solicitor Date: 14, VERIFICATION 1, 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 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 Pa.. C.S. Section 4904, relating to unswom falsification to authorities. Dennis Marion County Administrator Date: 6 9 CERTIFICATE OF SERVICF I, D110-. r" L . Zi-:I ,V2- , hereby certify that I personally served Harold (Sonny) Bender, 145 Shippensburg Road, uppcnsburg, PA, by handing to him a true and correct copy of the County of Cumberland Board of Elections Objections to Petition for Recanvass of Votes and executed Order at 5 : `/6 a. . p.m. or the following: Petition for Recanvass of Vote in Hopewell Township Civil No. 99-3395 Petition for Recanvass of Vote in Newburg Borough Civil No. 99-3396 Petition for Recanvass of Vote in Southampton Township Upper 1 Civil No. 99-3397 Petition for Recanvass of Vote in Southampton Township Upper 2 Civil No. 99-3398 Petition for Recanvass of Vote in Southampton Township Lower Civil No. 99-3399 Petition for Recanvass of Vote in South Newton Township Civil No. 99-3400-, Petition for Recanvass of Vote in Shippensburg Borough West Ward Civil No. 99-3401 Petition for Recanvass of Vote in Shippensburg Borough Middle Ward Civil No. 99-3402 Petition for Recanvass of Vote in Shippensburg Borough East Ward Civil No. 99-3403 Petition for Recanvass of Vote in Shippensburg Township Civil No. 99-3404 Date: d "f -I 7 -- ?' ?: ; •• .. L'J ?,' ? C?? T I'? T• ?. Vii: G. , J{?' !? UJ t:.:?,. Si_-?- _; fil 11 p ? U CERTIFICATE OF SERVICE ], / U n' L •C JO r, ! hereby certify that I personally served David P. Perkins, 4 James Circle, Shippensburg, PA, by handing to him a true and correct copy of the County of Cumberland Board of Elections Objections to Petition for Recanvass of Votes and executed Order at /a.7S a.m./ .m for the following: Petition for Recanvass of Vote in Hopewell Township Petition for Recanvass of Vote in Newburg Borough Petition for Recanvass of Vote in Southampton Township Upper I Petition for Recanvass of Vote in Southampton Township Upper 2 Petition for Recanvass of Vote in Southampton Township Lower Petition for Recanvass of Vote in South Newton Township Petition for Recanvass of Vote in Shippensburg Borough West Ward Petition for Recanvass of Vote in Shippensburg Borough Middle Ward Petition for Recanvass of Vote in Shippensburg Borough East Ward Petition for Recanvass of Vote in Shippensburg Township Civil No. 99-3395 Civil No. 99-3396 Civil No. 99-3397 Civil No. 99-3398 Civil No. 99-3399 Civil No. 99-3400-1 Civil No. 99-3401 Civil No. 99-3402 Civil No. 99-3403 Civil No. 99-3404 Date: 6'-9- 9 g p ; u) ]C3. ?? ? (, CO MNIISS1ONERS OF C1JM13URANU COUNTY One Courthouse Square o Carlisle, PA 17013 717-240.6150 n 697-0371, Ext.6150 532-7286,Ext.6150 • rax:240.6448 June 16, 1999 Harold (Sonny) Bender 145 Shippensburg Road Shippensburg, PA 17257 David P. Perkins 4 James Circle Shippensburg, PA 17257 Dear District Justice Candidates: Kancy A. nesch Chairman larl li. Koller ,me Chairman Marcla L. Myers Secretary John S. Ward Chief ("lrrh Dennis It Marlon Count), Administrate, Robert C. Saidls Solicitor SIC lion D. Tiley Asssmnt Solicitor Petitions for recavass of the vote in the following Election Districts were filed with the Cumberland County Court of Common Pleas on J 4 1 une , 999: Petition for Recanvass of Vote in Hopewell Township Civil No 99-3395 Petition for Recanvass of Vote in Newburg Borough . Civil No 99-3396 Petition for Recanvass of Vote in Southampton Township Upper 1 . Civil No 99-3397 Petition for Recanvass of Vote in Southampton Township Upper 2 . Civil No 99-3398 Petition for Recanvass of Vote in Southampton Township Lower . Civil No 99-3399 Petition for Recanvass of Vote in South Newton Township . Civil No 99-3400 --? Petition for Recanvass of Vote in Shippensburg Borough West Ward . Civil No 99-3401 Petition for Recanvass of Vote in Shippensburg Borough Middle Ward . Civil No 99-3402 Petition for Recanvass of Vote in Shippensburg Borough East Ward . Civil No 99-3403 Petition for Recanvass of Vote in Shippensburg Township . Civil No. 99-3404 Court Orders were issued for said Petitions on June 8, 1999. Said Orders require a rcanvass of the listed Elections Districts by electronic scanning to be conducted by the Cumberland County Board of Elections upon deposit of 550.00 cash or a 5100.00 bond for each Petition. The required security was posted in the Prothonotary's office on June 9, 1999 for all said Petitions. Said Court Orders require service personally or by registered mail to each District Justice candidate of notice of the time and place of the recamrass. `/ Crlrbrarr Ct nit".1land (uunt Y's 7H4h Annna'r'•au r, l' m It!(. 17ar :noo It y Harold (Sonny) Bender David P. Perkins June 16, 1999 Page 2 The time and date of the recanvass has been set for Friday, June 18, 1999, at 11:00 a.m. The recanvass shall be conducted at the Cumberland County Board of Elections, 37 West High Street, Carlisle, PA. Sincerely, h Stephen D. Tiley Solicitor for Board of Elections Certificate of Service personally served %ri fir,,, aim./p.m. on June /7 , 1999, by handing him a copy of said notice of the time and place of 3`) the recanvass of the Election Districts listed above. Acknowledgement of Receipt of Notice of Recanvass Districsts, received a copy of the not ce of he time District and place of then ecanvass of the E ectio Justice forthe above listed Election andidate for Districts listed above at 1.730 a.mr? on June /7 , 1999. L' , . i u 5. i E1: iiL G) ti11 i j ?i COMMISSIONIAIS OF CUAIBI]ILAND COUNTY One Courthouse Square ? Carlisle, PA 17013 717.240.6150 ? 697.0371, Ext.6150 532.7286,Ext.6150 a I-ax:240-6448 June 16, 1999 Harold (Sonny) Bender 145 Shippensburg Road Shippensburg, PA 17257 David P. Perkins 4 James Circle Shippensburg, PA 17257 Dear District Justice Candidates: Nancy A. Beach Chairman Earl B. Heller Vice Chat, nlan Marcla L. Myers Secretary John S. Ward Chid Clerk Dennis It. Marlon County Ad"I nisrraw Hobert C. Saldis Solinror Stephen D. Tiley Assistant Solicitor Petitions for recavass of the vote in the following Election Districts were filed with the Cumberland County Court of Common Pleas on June 4,1999: Petition for Recanvass of Vote in Hopewell Township Civil No. 99-3395 Petition for Recanvass of Vote in Newburg Borough Civil No. 99-3396 Petition for Recanvass of Vote in Southampton Township Upper 1 Civil No. 99-3397 Petition for Recanvass of Vote in Southampton Township Upper 2 Civil No. 99-3398 Petition for Recanvass of Vote in Southampton Township Lower Civil No. 99-3399 Petition for Recanvass of Vote in South Newton Township Civil No. 99-3400 Petition for Recanvass of Vote in Shippensburg Borough West Ward Civil No. 99-3401 Petition for Recanvass of Vote in Shippensburg Borough Middle Ward Civil No. 99-3402 Petition for Recanvass of Vote in Shippensburg Borough East Ward Civil No. 99-3403 Petition for Recanvass of Vote in Shippensburg Township Civil No. 99-3404 Court Orders were issued for said Petitions on June 8, 1999. Said Orders require a recanvass of the listed Elections Districts by electronic scanning to be conducted by the Cumberland County Board of Elections upon deposit of $50.00 cash or a $100.00 bond for each Petition, The required security was posted in the Prothonotary's office on June 9, 1999 for all said Petitions. Said Court Orders require service personally or by registered mail to each District Justice candidate of notice of the time and place of the recanvass. ?? frlrGr,nr ?urrd:rrla nG Cuumur a :5ulh Ann nrreulp nI thr 1'0.11 201)0 ... :y Harold (Sonny) Bender David P. Perkins June 16, 1999 Page 2 The time and date of the recanvass has been set for Friday, June 18, 1999, at 11:00 a.m. The recanvass shall be conducted at the Cumberland County Board of Elections, 37 West High Street, Carlisle, PA. Sincerely, v) S? ephen D. Tiley Solicitor for Board of Elections Certificate of Service I, L personally served /? 7 i : Cf / • e,e , at a-.m./p.m. on June 1999, by handing him a copy of said notice of the time and place of the recanvass of the Election Districts listed above. '.m n L Acknowledgement of Receipt of Notice of Recanvass I, !Dhv Oi?- P• VMkkil?candidate for District Justice for the above listed Election Districsts, received a copy of the notice of the time and place of the recanvass of the Election Districts listed above at A-f qp a-em/p.m. on June I' , 1999. 1?1 f' Luc . to NZJI I . RE: PETITION FOR RECANVASS OF VOTE IN SOUTH NEWTON TOWNSHIP CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3400 ORDER And now this ay of June, 1999, upon consideration of the above captioned Petition and Motion for Confirmation of Recanvass of Vote filed by the Cumberland County Board of Elections it is ordered and decreed that: 1. The results obtained by the recanvass of votes be certified by the Board of Elections as the official elections results for the above-referenced Election District. 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. BY THE COURT RE: PETITION FOR RECANVASS OF COURT OF COMMON PLEAS VOTE IN SOUTH NEWTON TOWNSHIP : CUMBERLAND COUNTY CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3400 COUNTY OF CUMBERLAND BOARD OF ELECTIONS MOTION FOR CONFIRMATION OF RECANVASS OF VOTE And now comes, the Cumberland County Board of Elections through its Solicitor, Stephen D. Tiley and states the following: 1. Petitioner filed a Petition for recanvass under the Election Code, 25 P.S. 3261 on June 4, 1999. 2. The Cumberland County Board of Elections filed objections to said Petition on June 8, 1999 requesting that the Court enter an Order directing the Petitioner to deposit $50.00 cash, or a $100.00 bond pursuant to 25 P.S. 3261. 3. The Court entered an Order directing Petitioner to deposit $50.00 cash, or a $100.00 bond within 5 days after service personally or by registered mail, or Petitioner's Petition shall be denied. 4. Petitioner was personally served said Order at 5:40 p.m. on June 9, 1999 by Toni L. Goril. 5. Petitioner filed the required security on June 9, 1999, in the Prothonotary's office. 6. The time and place of the recanvass was set for 11:00 a.m., Friday, June 18, 1999, at the Cumberland County Board of Elections, 37 W. High Street, Carlisle, PA by the Board of Elections. 7. All candidates for District Justice in the Election District were personally served with Notice of the time and place of the recanvass. 8. The recanvass was conducted as scheduled. 9. 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 candidate for District Justice. 10. The result of the recanvass did not result in fraud or substantial error, nor did it effect the result of the republican or democratic Primary Election. 11. In accordance with Section 3261(e) of the 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 Petitioner pursuant to Section 3261 of the Election Code, 25 P.S. 3261 be paid to the County. Respectfully submitted, Stephen D. Tiley Solicitor to the Board of Elections VERIFICATION 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 for 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 unswom falsification to authorities. ^ Deffnis Marion County Administrator Date: v? 14265207221999 CumbeManual CReleaser Check Registerffice Escrow 7/22%1994 Tran Date n to Release Distribution Case No Accounting Amount a ----- ---- ------- -------------- 3734 COUNTY ---------------- OF CUMBERLAND ---- ------------------ Check Date: ----------- 07/22/1999 Check No.: 1128 BOND 1999- 03395 PYMT/CHECK PYMT/CHECK 50.00 50.00 6/09/1999 6/09/1999 BOND BOND 1999- 1999- 03396 03397 PYMT/CHECK 50.00 50.00 6/09/1999 6/09/1999 BOND 1999- 1999- 03398 03399 PYMT/CHECK PYMT/CHECK .0000 5500 9 6 6//009/9/1919999 BOND BOND 1999- 1999- 03400 03401 PYMT/CHECK PYMT/CHECK . .0000 5500 99 6/ 6/009/9/191999 BOND BOND 1999- 1999- 03402 03403 PYMT/CHECK PYMT/CHECK . 50.000 0 50 9 6 6//09/09/1919999 BOND BOND 1999- 03404 PYMT/CHECK . ------------- ------- -------- Payee total: --------------- 500.00 Grand total: 500.00 I