HomeMy WebLinkAbout99-03403?e
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RE:
PETITION FOR RECANVASS OF
VOTE IN SHIPPENSBURG BOROUGH
EAST WARD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 1999
NO. 99-3403
ORDER
And now this F 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,
withi>}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))
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RE:
PETITION FOR RECANVASS OF
VOTE IN SHIPPENSBURG BOROUGH
EAST WARD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
TERM, 1999
NO. cl 1- 3,, o 3 Ct, ?
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, East 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 retum 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: G Y /? fl ' ?? Zz ?
VERIFICATION
The undersigned hereby states that they are the Petitioners in the foregoing Petition for
Recanvass of Vote in Shippensburg Borough, East 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 IS Pa.C,S.A. 4904 relating to unsworn falsification to authorities.
DATE: Q/ A
DATE: 61 ;k
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RE:
PETITION FOR RECANVASS OF
VOTE IN SHIPPENSBURG BOROUGH
EAST WARD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 1999
NO. 99-3403
COUNTY OF CUMBERLAND BOARD OF ELECTIONS OBJECTIONS
TO PETITION FOR RECANVASS OF VOTE
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 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(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 >-9
Stephen D. Tiley, Esquire
Assistant Solicitor
Date:
VERIFICATION
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 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:_
CERTIFICATE OF SERVICE
I, ?i?ao ?_z t??cZ hereby certify that I personally served Harold (Sonny)
Bender, 145 Shippensburg ad, 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 -5;Y6 a.m 9p,n 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 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
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
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CERTIFICATE OF SERVICE
I, / D n L C- °/1-' - , 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 El tions Objections to Petition for Recanvass of Votes and
executed Order at 121 15-
a.m.Kmor 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. 99-339'
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:
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CONINMISSiONERS or Cu),,u3rIZI.AND COUNTY
One Courthouse Square + Carlisle PA 17013
717.240.6150 * 697.0371. Ext.6150
532-7286.Ext.6150 a 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:
Nancy A. Resch
Chairman
r,arl R. Keller
Vice Chairman
Marcia 1. Myers
Sacre/ary
John S. Ward
Chief Clerk
Dennis R. Marion
Comity Administrator
Kobe" C. Saidis
Solicitor
Stephen U. Tlley
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.
CITY h 1 Tl fV (?rm I", la and it n l I, % 2 ,Ulh A I I I Pf c"d , l' I1 1 hr 1TJr 20 0II
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, n 7
Stephen D. Tiley
Solicitor for Board of Elections
Certificate of Service
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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.
Acknowledgement of Receipt of Notice of Recanvass
"candidate for District Justice for the above listed Election
Districsts, received a py of the notice of the time and place of the recanvass of the Election
Districts listed above at 1J3a a.m.49 Don June /7 , 1999.
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COMMISSIONERS OF CUMRI:RLAND COUNTY
One Courthouse Square r 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
Shippensbiug, PA 17257
David P. Perkins
4 James Circle
Shippensburg, PA 17257
Dear District Justice Candidates:
Nancy A. Resch
chairman
Earl R. Keller
Vice chairman
Marcia 1.. Myers
Secretary
John S. Ward
Chiefelcrk
Dennis R. Marion
CountyAdrninisnaror
Robert C. saidis
Solicilor
Stephen D, Tiley
Ass'islanLSolicitor
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.
* Celrhrale lurnGrr land('uuoii"s 2',0th.Anpi,i ia' in I),r 1'rur:000
Harold (Sonny) Bender
David P. Perkins
June 16, 1999
Page 2
The time and date of the recanv;tss has been set for Friday, June 18, 1999, at 11:00 a.m.
The rccanvass 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
?crtiticntc of Service
personally served . y, j,?-/ at `?.' SAD
on June 1999, by handing hill) a copy of said notice of the time and place of
the rccanvass of the Election Districts listed above.
Acknowledgement of Receipt of Notice of Recmrvass
1, -DA-41b P. l;')VQv%w candidate for District Justice for the above listed Election
Districsts, received a copy of the notice of the time and place of tthe rccanvass of the Election
Districts listed above at H NU •+tnr.?lp,m. oi' is f 6 , 199?N?'^'" y
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RE:
PETITION FOR RECANVASS OF
VOTE IN SHIPPENSBURG BOROUGH
EAST WARD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 1999
NO. 99-3403
ORDER
And now this- `day of June, 1999, upon consideration and Motion for Confirmation of Recanvass of Vote filed by the Cumberland County Board Petition n
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.
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RE:
PETITION FOR RECANVASS OF
VOTE IN SHIPPENSBURG BOROUGH COURT COMMON PLEAS
EAST WARD CUMBERLAND COUNTY
CUMBERLAND COUNTY CIVIL TERM 1999
• NO. 99-3403
O 1NTY OF Ci IMBERLAND BOA
)JION F()RrnhirIDXAAT11 1 _ ttfj __.__OF _ ELECTIONS
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 air 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. God].
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. A discrepancy of one vote was found in the electronic scanning process of the
Shippensburg Borough East Ward Election District..
10. A hand count was conducted for said Election District.
11 • The recanvass by hand count resulted in 54 republican votes for Petitioner,
27
democratic votes for Petitioner, 84 republican votes for the other District Justice candidate,
,
David P. Perkins, 30 democratic votes for the other District Justice candidate.
12. The recanvass resulted in one less republican vote for Petitioner. The recanvass
did not result in any vote discrepancy for Petitioner's democratic vote, nor any republican or
democratic vote discrepancy for the other candidate for District Justice.
13. 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.
14. 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,
i
tephen D. Tiley
Solicitor to the Board of Elections
VERIFI ATION
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 for in County of Cumberland Board of Elections Motion for Confirmation of
Recanvass of Vote hereto are true and correct
belief to the best of his knowledge, information and
This Verification is made subject to penalties of 18 Pa.C.S Section 4904, relating to unswom
falsification to authorities.
!?
tennis - Marion
County Administrator
Date: 6 s
14265207221999
PYS405 Cumberland County Prothonotary's Office
Manual Release Ch
k R Pa
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ec
egi ster g
7/22/1999
Distribution
------- Case No Accounting Amount Date Date
Release
-------
3734 COUNTY --------------
OF CUMBERLAND ------------------
Check Date:
07/22/1999
Check No.: 1128
BOND
BOND 1999-
1999- 03395
03396 PYMT/CHECK
PYMT/CHECK 50.00 6/09/1999
BOND
BOND
1999-
1999-
03397
03398
PYMT/CHECK
PYMT/CHECK 50.00
50.00 6/09/1999
6/09/1999
BOND
BOND
1999-
1999-
03399
03400
PYMT/CHECK
PYMT/CHECK 50.00
50.00 6/09/1999
6/09/1999 .
BOND
1999-
03401
PYMT/CHECK 50.00
50.00 6/09/1999
6/09/1999
BOND
BOND 1999- 03403 PYT%CHECK 50.00 6/09/1999
1999- 03404 PYMT/CHECK 50.00 6/09/1999
--
-------
-------- Payee total:
---------------------- 500.00
-
Grand total: ----------
500.00 ------------------