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Home My WebLink About99-03404 RE: PETITION FOR RECANVASS OF VOTE IN SHIPPENSBURG TOWNSHIP CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3404 &day ORDER And now thiof June, 1999, upon consideration of the above captioned petition and the objections feed 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, withinays 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 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)) 44?U;; ?- Pot by /?Qwjj ch # ,s GQ•S?9 Bleo l F? a 1 I F Jam. ...j A• Q ,1 199?? AN RE: PETITION FOR RECANVASS OF VOTE IN SHIPPENSBURG TOWNSHIP CUMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM, 1999 NO. q9- 3?10?1 G' ?QTesM 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 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 recatwass 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 recmwass 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:00 ? / ,? ?? VERIFICATION The undersigned hereby states that they are the Petitioners in the foregoing Petition for Recanvass of Vote in Shippensburg Township, 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: ( 3 DATE: (- 99 DATE: 12 _ ? _ '9 1 ? ?? Z d ? ? ? ?"- _" o ?c? s viz ?_ CL f:1 tiJ fem. <:•? ") ¢LU '? ?LIW °J L ? .2 l p,. .7` ? U m ``* U v- t+1 ?? ? v- s i c" ? ?i f) , -7n RqF l 1c1 11.1 13- :j Vi U RE: PETITION FOR RECANVASS OF COURT OF COMMON PLEAS VOTE IN SHIPPENSBURG TOWNSHIP CUMBERLAND COUNTY CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3404 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: 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. 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 1 118-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, S ephen D. Tiley, Esquire Assistant Solicitor Date: ?.« 36 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 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 unsworn falsification to authorities. finis Marion County Administrator Date: G F y CERTIFICATE OF SERVICE I, 1?a. ,o • zE i? ?cz hereby certify that I personally served Harold (Sonny) Bender, 145 Shippensburg Road, hippensburg, 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-YO a.m p.n for 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: ? 1 , r a- c) . u.' WC 0 0? v CERTIFICATE OF SF,RVICF, I, 1 L 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./.2; /S a.m.16)1 for 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: l - ' / 7 a"? C-rL 1? - ` ?- - L'IB' =l U O cy, s 4 COMMISSIONERS OF C MIN.-12 AND COUNTY One Courthouse Square + Carlisle, PA 17013 717.240.6150 + 697.0371, Ext. 6150 532.7286.1ixt.6150 + Fax; 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. Ilesch fhntrrnnn Earl R. Keller vue 01,11, nran Marcia L. Myers Secretary joint S. RNrd Chief Clerk Dennis R. Marlon County Administrator Robert C. Saidis Solicitor Stephen D. Tlley Arant 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 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 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 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. Cr!rbIUW Cu rn IWIla nd CoU II % ],0111 Annnvvsati I? 1111. 1'rar .000 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 personally served at "36) -R n./p.m. on June / -7' 1999, by handing him a copy of said notice of the time and place of the recanvass of the Election Districts listed above. Acknowledl*ement of Receipt of Notice of Recanvass 1, >' candidate for District Justice for the above listed Election Districsts, received a cop of the notice of the time and place of the recanvass of the Election Districts listed above at /Y-?0 a.m? on June 17 , 1999. 67 T C> ` ti ?? t ? 1l::'. fl. '. ` ? 7 1 J ; Cpl.'. f1 _ n_ IL??.' : ? % f-, ? -? ^ i J tiJa Lt. -? C' ? f1? rT Cj A.. COMMISSIONERS 01: CUN1111:131.AND COUNTY One Courthouse Square o Carlisle, PA 17013 717.240.6150 0 697.0371, Ext. 6150 532.7286, Ex1.6150 o 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. Ilesc I Chalrnan Litt It. Railer Vice Chairman Marcia I.. Myers sceretary john S. Ward Chief Clerk Dennis It. Marlon County Adnianstraror Hobert C. Saidis Solicitor Stephen D. Tiley Assistant W01or 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 rcanvass. CclrDrato- cunt he r land Cout; ly , 2 501h An 111 rrrsa ry to the )'ear .000 ti Harold (Sonny) Bender David P. Perkins June 16, 1999 Page 2 The time and date of the rccanvass 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, 04- Stephen D. Tiley Solicitor for Board of Elections Certificate of Service c,r, personally sen ed ?? Jai; G? ?'/ C:%?493 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. i Acknowledeement of Receipt of Notice of Recanvass I, _?AVI D R IPERwm 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 q)) D e:nr./p.m. e / (o , 1999. I6C ?- ' o ? ?- r„ _ ., u, ? c ? - ?; ? ` ?; - . ?- t; ? , - > ' _? ;: , ° - I ;;J ; ` ia.. ?' ' `J L+ V ?? q;?' x Y 1 RE: PETITION FOR RECANVASS OF COURT OF COMMON PLEAS VOTE IN SHIPPENSBURG TOWNSHIP CUMBERLAND COUNTY CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3404 ORDER And now this day of June, 1999, upon consideration of the above captioned Petition and Motion for Conf to wn 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 COU T /N#V-) eor E. f er, P.J. RE: PETITION FOR RECANVASS OF COURT OF COMMON PLEAS VOTE IN SHIPPENSBURG TOWNSHIP CUMBERLAND COUNTY CUMBERLAND COUNTY CIVIL TERM 1999 NO. 99-3404 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(c) 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 unsworn falsification to authorities. ennis Marion County Administrator Date: 14265207221999 Cumberland County Prothonotary Is Office Pale 1 7/2 1 PYS405 Man ual Release Check Regi ster 2/ 999 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------- 3734 COUNTY --------------- OF CUMBERLAND ---------------------- Check Date: ----------- 07/22/1999 ------------------ Check No.: 1128 BOND 1999- 03395 PYMT/CHECK 50.00 6/09/1999 BOND 1999- 03396 PYMT/CHECK 50.00 6/09/1999 BOND 1999- 03397 PYMT/CHECK 50.00 6/09/1999 BOND 1999- 03398 PYM/CHECK 50.00 6/09/1999 BOND 1999- 03399 PYMT/CHECK 50.00 6/09/1999 BOND 1999- 03400 PYMT/CHECK 50.00 6/09/1999 BOND 1999- 03401 PYMT/CHECK 50.00 6/09/1999 BOND 1999- 03402 PYMT/CHECK 50.00 6/09/1999 BOND 1999- 03403 PYMT/CHECK 50.00 6/09/1999 BOND 1999- 03404 PYMT/CHECK 50.00 6/09/1999 ---- -------- Payee total: -------••--------------- 500.00 ----------- ------------------ -------------- -- Grand total: 500.00