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Home My WebLink About99-03401RE: PETITION FOR RECANVASS OF VOTE IN SHIPPENSBURG BOROUGH WEST WARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3401 ORDER And now this daY of June, 1999, upon consideration of the above captioned petition and the objections file 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, withidays 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)) XE.1 offer, VPJ) L- n J or I x 61 - F JUid 0 4 199co RE: PETITION FOR RECANVASS OF VOTE IN S141PPENSBURG BOROUGH WEST WARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM, 1999 NO. 97_ 3Vof Cvv L?cn TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of the undersigned respectfully represents as follows: 1. The Petitioners are citizens and qualified electors of Shippensburg Borough, West Ward, 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?r7 VERIFICATION The undersigned hereby states that they are the Petitioners in the foregoing Petition for Recanvass of Vote in Shippensburg Borough, West Ward, 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:44e DATE: (? 3 DATE: 3 /5 9 cc) d CE I „- lc.- ? 'G7 i 1t11l- 1 Cl- 3 Ci CT% 0 m? 'F 19 00 7 r Lf C C-, C.! LZ ` "?" ? ?l cL 1.1_. p'1 _.) 0 O'1 J 4 RE: PETITION FOR RECANVASS OF VOTE IN SHIPPENSBURG BOROUGH COURT COMMON ALFAS WEST WARD CUMBERLAND COUNTY CUMBERLAND COUNTY CIVIL TERM 1999 • NO. 99-3401 NTY OF CUMBERLAND Bt)ARn F ELECTIONS OBJECTIONS TO PETITION FOR RECANVA00 nt V TE And now come, the Cumberland County Board of Elections through its Solicitor, Stephen D. Tiley and states the following: I. 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 et 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(6) 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, Stephen D. Tiley, Esquire Assistant Solicitor Date?7 t- VERIFICATION I, Dennis Marion, being duly sworn according to law, deposes and states that lie 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 4404, relating to unsworn falsification to authorities. ennis Marion County Administrator Date: CERTIFICATE OF SERVICE, 1, ?w. o L • Zf , hereby certify that I personally served Harold (Sonny) Bender, 145 Shippensburg Road, 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 S,• & a.n 7C"-.u?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 Civil No. 99-3401 Civil No. 99-3402 Civil No. 99-3403 Civil No. 99-3404 Date: Z v Y C? (3 LI'i t:_ n I? T V CERTIFICATE OF SERVICE 1, / on' L 'c -Jpl' / , hereby certify that 1 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 EI ctions Objections to Petition for Recanvass of Votes and executed Order at a: / ra.m p.m. r 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 Vole 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: - - cz? tai L: cm r -. C0\9MISS10NI:IdS OF CUN1REPI.AN1) COUNTY One Courthouse Square • Carlisle, PA 17013 717-240-6150 ? 697-0371, Ext.6150 532-7286, Ext.6150 a Pax: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. nesch Clmirrnan larl R. Keller Vice Chairman Marcia L. Myers Secrrmry John S. Ward Chirf0erk Dennis It. Marion fnuntl' Admimstrmor Rohen C.Saidis Solicitor 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 Ple J as on une 4, 1999: Petition for Recanvass of Vote in Hopewell Township Petition for Recanvass of Vote in Newbur Bo o h Civil No. 99-3395 g r ug Petition for Recanvass of Vote in Southampton Township Upper 1 Civil No. 99-3396 Civil No 99-3397 Petition for Recanvass of Vote in Southampton Township Upper 2 Petition for Recanvass of Vote in Southam to T hi . Civil No. 99-3398 p n owns p Lower Petition for Recanvass of Vote in South Newton Township Civil No. 99-3399 Civil No 99-3400 Petition for Recanvass of Vote in Shippensburg Borough West Ward Petition for Recanvass of Vote in Shi ensbur B h Mi . Civil No. 99-3401- pp g oroug ddle Ward Petition for Recanvass of Vote in Shippensburg Borough East Ward Civil No. 99-3402 Civil No 99-3403 Petition for Recanvass of Vote in Shippensburg Township . Civil No. 99-3404 Court Orders were issued fbr 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 550.00 cash or a S ;00.00 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. 0 0-h-hian (-urn br r6n; d COU nt1''1 250 1Y, Annrrrr'sa rl' In th,- 1'rar 2u0O 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, S ephen D. Tilcy Solicitor for Board of Elections Certificate of Service personally served a.m./p.m. on June J 7 , 1999, by handing him a copy of said notice of the time and place of the recanvass of the Election Districts listed above. Acknowledeement of Receipt of Notice of Recanvass 1, 1 ':S;, v'V?candidate for District Justice for the above listed Election Dislricsts, received a copy of the notice of the time and place of the recanvass of the Election Districts listed above at 193,0 a.m.6. on June / 7 , 1999. Cl. 1. .' CL <- cn U COMMISSIONERS OF CUTIBI'll LAND COUNTY One Courthouse Square • Carlisle PA 17013 717.240.6150 a 697.0371, Ext. 6150 532.7286, Ext. 6150 • Fax: 240.6448 ?I 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. Iiesch Chairman Earl It. Keller Vice Chairman Marrla Myers SrrL.rrlury John S. Ward ChirJClcrk Dennis R. Marion UmnDp Admimsnutor Robe" C. Saldis. Soliator Stephen D. Tlley . Assistant Sollcilor 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 Petition for Recanvass of Vote in Newburg Borough Petition for Recanvass of Vote in Southampton Township Upper 1 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 i 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 Civil No. 99-3401- Civil No. 99-3402 Civil No. 99-3403 Civil No. 99-3404 Court Orders were issued for said Petitions on June 8, 1999. Said Orders require a reanvass 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 S 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. CrInnate Cumberland Cnanly s 2,0th .Anne ern,n.r rn Ihr Year 2000 It 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, Stephen D. Tiley Solicitor for Board of Elections Certificate of Service I> ? ( li i personally served at (1,'e10 * m/p.m. on June /l. ', 1999, by handing him a copy of said notice of the time and place of the recanvass of the Election Districts listed above. Acknowledeement of Receipt of Notice of Recanvass 1, ?AV1U P, PERK'NS 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 +.J 4 p -e-m./p.m. e J (p 1999. A G' (ZkS? r of i-t ?` 2J I? ? (^ ? t i J../. t) f cci: Tl` 1 -J u ,.:. v ILL, kj: ,1 ' -_ _7 ?? ? ICI Q C71 j CYl (.? I iJ 1.... -:i. .'. t1 "p(_ l f. i i ?? ' '. I. ?', L I I I 1 i ? , ... I i ?1 ??1 t ': (?i) -1. RE: PETITION FOR RECANVASS OF VOTE IN SHIPPENSBURG BOROUGH WEST WARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3401 ORDER And now this ay of June, 1999, upon consideration of the above captioned Petition and Motion for Conf ation 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. PETITION FOR RECANVASS OF VOTE IN SHIPPENSBURG BOROUGH WEST WARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3401 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 unswor falsification to authorities. _ mis Marion County Administrator Date: w? Y 14265207221999 PYS405 Cumberland County Prothonotary Manual 's Office Release Check Register 7/22g/1999 Distribution C ase No Accounting Tran Date ---------- - Amount Date Release 734 COUNTY - OF CUMBERLAND -------------------------------- Check Date:-07/22/1999- - - ------------- --- BOND BOND 1999- 03395 PYMT/CHECK Check No.; 1128 BOND BOND 1999- 1999- 03396 03397 PYMT/CHECK PYMT/CHECK 50.00 50.00 6/09/1999 6/09/1999 BOND BOND 1999- 1999- 03398 03399 PYMT/CHECK PYMT/CHECK 50.00 50.00 6/09/1999 6/09/1999 BOND BOND 1999- 1999- 03400 03401 PYMT/CHECK PYMT/CHECK 5000 50..00 6/09/1999 610911999 BOND BOND 1999- 1999- 03402 03403 PYMT/CHECK PYMT/CHECK 50.00 50.00 6/09/1999 6/09/1998 1999- 03404 PYMT/CHECK 50.00 6/09/1999 50.00 6/09/1999 Payee total: 500.00 --- G ---------- ------------------ rand total: 500.00