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HomeMy WebLinkAbout07-7707IN RE: PETITION FOR NEW VOTING DISTRICTS IN UPPER ALLEN TOWNSHIP : IN THE COURT OF COMMON. PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. ( 7-7-76 7 Civil PETITION FOR ESTABLISHMENT OF NEW VOTING DISTRICTS . IN UPPER ALLEN TOWNSHIP TO THE HONORABLE, Judges of Said Court: AND NOW, comes the Petitioners, the Board of Commissioners of Upper Allen Township and the registered electors of all four (4) of the present Election Precincts of Upper Allen Township, Cumberland County, by and through the undersigned counsel, MILLER & ASSOCIATES, PC, and hereby petition your Honorable Court for the creation of nine (9) new election districts to replace all of the present precincts of Upper Allen Township, pursuant to Sections 502 and 503 of the. Pennsylvania Election Code, 25 P.S. §§ 2702 and 2703, and in support thereof state as follows: 1. Petitioners are the Board of Commissioners (hereinafter referred to as the "Board") of Upper Allen Township (hereinafter referred to as the "Township"), the legal representatives of the citizens of UpperAllen Township, a township municipality of the first class, Commonwealth of Pennsylvania, with its principal place of business being located at 100 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055, and registered electors residing in all of the present four (4) voting precincts of the Township. 2. According to the precinct registration summary on the street list as of 24 July, 2007, the First Precinct of the Township contained 3,792 registered electors. D?,c 1 of 7 3. According to the precinct registration summary on the street list as of 24 July, 2007, the Second Precinct of the Township contained 2,597 registered electors. 4. According to the precinct registration summary on the street list as of 24 July, 2007, the Third Precinct of the Township contained 2,436 registered electors. 5. According to the precinct registration summary on the street list as of 24 July, 2007, the Fourth Precinct of the Township contained 2,422 registered electors. 6. According to the 2000 U.S. Census, 4,471 people reside in the First Precinct of the Township. 7. According to the 2000 U.S. Census, 3,299 people reside in the Second Precinct of the Township. 8. According to the 2000 U.S. Census, 3,323 people reside in the Third Precinct of the Township. 9. According to the 2000 U.S. Census, 4,449 people reside in the Fourth Precinct of the Township. 10. Voting forthe First Precinct is currently held atthe Immanuel Alliance Church- Christian and Missionary Alliance, 800 South Market Street, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 11. Voting for the Second Precinct is currently held at the St. Peter Lutheran Church, 130 Nittany Drive, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 12. Voting for the Third Precinct is currently held at the Upper Allen Township Municipal Building, 100 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. Paae 2 of 7 13. Voting for the Fourth Precinct is currently held at the Bowmansdale Church of God, East Lisburn Road, Bowmansdale, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 14. Section 502 of the Pennsylvania Election Code, 25 P.S. § 2792, provides, in part, that: "[T]he court of common pleas of the county in which the same are located, may form or create new election districts by dividing or re-dividing any borough, township, ward or election district into two or more election districts of compact and contiguous territory... Except for good cause shown, election districts so formed shall not contain more than one thousand two hundred (1,200) registered electors." Id. 15. Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, further provides, in part, that: "Upon the petition of twenty registered electors of any township . . . or election district, to the court of the proper county, praying for the division or redivision of such township ... or election district ... the said court shall refer the said petition to the county board of elections, which shall make a full investigation of the facts, and shall report to the court its findings and recommendations as to the division ... prayed for. If the county board shall find that a division ... of election districts will promote the convenience of the electors and the public interests, it shall recommend a proper division ... which must have clearly visible physical boundaries ... and shall accompany its report with a map and a verbal description of the 'boundaries, as well as a certification of the number of electors registered in each of the resulting election districts for the immediately preceding general or municipal election." Id. Paae 3 of 7 16. The Petitioners, who are registered electors in each of the precincts of the Township, believe it is necessary and appropriate to create new voting precincts from the existing four (4) precincts of the Township, for the following reasons: a. Each of the four (4) existing voting precincts contain no less than 2,422 registered electors, which in each existing voting precinct is double the statutorily recommended number of 1,200 registered electors for each election precinct; and b. The large number of registered electors who must cast their votes at each precinct creates undue and extended delays during primary and, particularly, general election and discourages prospective electors from exercising their right to vote. In fact, in the 2004 primary and general elections, numerous voters in each voting precinct came to the polling places and left without voting because of the long lines and length of time to cast their votes. It is also believed and is therefore averred that some voters do not even bother to vote because of their knowledge of these long lines; and c. The Township and each of its voting precincts continues to experience growth in both its housing and population numbers and it is therefore believed and averred that the present situation discourages residents from voting and will only worsen unless relief is granted and new voting precincts are created: and d. Adding additional election booths or polling tables at the existing precincts will not alleviate the long lines or unreasonable waits by voters in the present four (4) voting precincts since Section 1220 of the Pennsylvania Election Code, 25 P. S. § 3060(a), prohibits more than ten (10) voters outside of the enclosed space in any primary or general election at any one time in the polling place (the room provided for voting): and e. The county committees of Democrat and Republican Parties are organized by electing one male and one female committee person at the voting district level. The registered Democrats and Republicans in the present four (4) precincts are under-represented on their respective county committees for organizational and endorsement purposes; and f. Since each party elects only two county committee members for each voting district, the large population creates an undue burden upon them in communications with the voters of their respective voting districts. Pane 4 of 7 17. Petitioners believe and therefore aver that the four (4) present election districts, or precincts, of the Township should be completely re-divided into a total of nine (9) new election districts numbered First Precinct through Ninth Precinct inclusive. 18. Petitioners request that the nine (9) new election districts be created in order to accommodate the convenience of the registered electors and to promote the public interests and participation in elections by registered electors. 19. Based on the existing geography and demographics of the Township, and following the provisions of Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, which requires that each election district "... must have clearly visible physical boundaries conforming with census block lines from the most recently completed Federal decennial census, Petitioners suggest that the proposed nine (9) new election districts follow the boundaries depicted on a street map of the Township, attached hereto and marked as Exhibit "A," which illustrates the Township and its proposed new nine (9) voting districts. 20. Petitioners believe and therefore averthat the following indicated present and proposed locations would be suitable as polling places to serve the existing and proposed nine (9) election districts, each of which facilities is handicap accessible: First Precinct: Daybreak Church, 321 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Second Precinct: Grantham Brethren in Christ Church, 421 Grantham Road, Grantham, Upper Allen Township, Pennsylvania 17027. Third Precinct. Saint Elizabeth Ann Seton Catholic Church, 310 Hertzler Road, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Paae 5 of 7 Fourth Precinct: Shepherdstown United Methodist Church, 1934 South York Street, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Fifth Precinct: Bowmansdale Church of God, East Lisburn Road, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Sixth Precinct: St. Peter Lutheran Church, 130 Nittany Drive, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Seventh Precinct: Upper Allen Township Municipal Building, 100 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Eighth Precinct: Immanuel Alliance Church-Christian and Missionary Alliance, 800 South Market Street, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Ninth Precinct: Temple Beth Shalom of Greater Harrisburg, 913 Allendale Road, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 21. Although redividing the precincts of the Township and creating new electoral precincts, as requested, may result in several of the proposed new nine (9) precincts of the Township exceeding 1,200 registered electors for each district as provided for under Section 502 of the Pennsylvania Election Code, 25 P.S. § 2702, the Petitioners believe and therefore aver that good cause exists, as that term is used under the said Section 502 of the Election Code, to exceed this recommendation. Furthermore, many other voting precincts in Cumberland County, which have voter registration numbers like those being proposed, presently exceed 1,200 registered electors in their districts and do not experience voter inconvenience and delay like that presently experienced in all of the precincts of the Township. 22. Petitions were circulated by electors of the four (4) present voting precincts of the Township for the establishment of the proposed new nine (9 ) voting precincts in the Township. (See series of petitions marked as Exhibit "B-1" through Exhibit "B-4, " inclusive and attached hereto). Paae 6 of 7 23. The Board of Commissioners of the Township, at its duly constituted regular monthly II meeting held on Wednesday, 19 December 2007, unanimously adopted Resolution No. 818, requesting, inter alia, that the Court refer the Petition to the Cumberland County Board of Elections for its proper consideration. A true copy of Resolution No. 818 is attached hereto and marked as Exhibit "C." WHEREFORE, the Petitioners, and the Board of Commissioners of Upper Allen Township and individual registered electors from the four (4) present voting districts of Upper Allen Township, through their undersigned counsel, respectfully pray that this Honorable Court direct the Cumberland County Board of Elections to investigate fully and promptly the facts as alleged in this Petition and to report to the Honorable Court its findings and recommendations as to the creation of new election districts to be known as the First Precinct through the Ninth Precinct in order to promote and serve the convenience of the registered electors and the public interests. Respectfully submitted, MILLER & ASSOCIATES, PC Dated: ! By: Page 7 of 7 William E. Miller, Jr., Esqpm* Pa. Supreme Ct. No. 220 1822 Market Stre Camp Hill, PA 011-4824 Telephone: (717) 737-9211 Fax: (717) 737-9215 Attorneys for Petitioners IN RE: PETITION FOR NEW VOTING DISTRICTS IN UPPER ALLEN TOWNSHIP : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 67-7 ?0? Civil ORDER AND NOW, this day of , 2008, upon consideration of a Petition for the Establishment of New Voting Districts in the Township of Upper Allen filed pursuant to Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, and the Cumberland County Board of Elections having filed its report and recommendations in the above matter, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, pursuant to Section 503 of the Pennsylvania Election Code, 25 P.S. 2703, et seq., that: a) a hearing on the within Petition shall be held at o'clock a.m., on the day of , 2008, in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. b) the County Board of Elections shall, no less than ten (10) days prior to the date of the said hearing, post in at least five (5) public and conspicuous locations in each of the present four (4) voting districts of Upper Allen Township, one of which shall be posted outside of each of the present four (4) polling places in Upper Allen Township, notice of the proposed action recommended by the Board of Elections, the numbers of registered voters in each of the proposed election districts from the November 2007 general election, the date upon which this matter will be considered by this Court, and a warning that any person objecting to the recommendations of the Board of Elections must file objections with the Court's Prothonotary five (5) days prior to the aforesaid hearing date. BY THE COURT: J. cc: William E. Miller, Jr., Esquire Upper Allen Township Solicitor Edward L. Schorpp, Esquire Solicitor for the County Board of Elections ? I C? C m N?? ` G N P m p ? ? 's o > "a r- i ? Y3 A i O 5 o 0 - a W 6 ? tl] aa? JAI d?g ss list Ys? $ II .? p C C4 (8 to , C 0 a to - ?n m.4 G H 3 J ~ pp N ' i d% 0 C4 mj??~ t / r S ? .M t s a L O i to ,a i ? £ s ???r 1 y V ?r ? ? o I r- _ r I CJ N \ O M OD ` o d "= rl a FH--1 ?z$ °rs? ?:Rh 1 r -i Y ,?^ yag 1 ?, r s 4 tY,x;?:.. ` c.(?" !`may ?G C J? Cllris?lap MISSIOACtey PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE FIRST VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of lone waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the First Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve .voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the First Precinct. Signature of Elector Address of Elector Voting Precinct (First) 2..2??-OVe'n?J C:V . ;L 1 e 4 C4AI!'1'144 /ly Continued on Page 2 Paae 1 of ? Dn a I Signature of Elector Address of Elector Voting erecinct (First) C- -Z. ?y(?I LoBkci? D2 2 qu i L,o6,x4 f3 r- '2 9 32-2 Crr Dow 7j (L 2-.S I 12v 6 y3c,mM4 vt C? --p I 6,A ) ?d Paoe 2 of 2 Z c L- . 980- ST, PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and ? WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector Address of Elector 10 ? W &,a/c Cap l 0 1 (,) )J?k?. La.? 329- Voting Precinct (Second) /0? 6J1JV 4W 1J Continued on Page 2 Paoe 1 of 2 ?iwwn•?J ?,:wr ? w r ?? :?r ?° «? : „ ^*_ . ,? ,» l . Signature of Elector Address of Elector sw a tu . J99 a .?3q ran ??e-., Pace 2 of 2 Voting Precinct (Second) /I - -a 4 .7- ?O A'. Z- Vq , PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland' County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector Address of Elector Voting precinct (Second) -3 / X177 /ti Lt D?1AI ? Continued on Page 2 v - z Paae 1 of 2 %9 PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector Address of Elector /Q Continued on Page 2 Voting Precinct (Second) z e PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland (County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of, Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Address of Elector 1A 0.4'.", da` 103 ??lcJo? Dr. Continued on Page 2 Voting Precinct (Second) 2- a- PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector n,) o? ir?M?2yi 4- Address of Elector _f9 101 SAS _ SSS .(fingwuad Qr Continued on Page 2 Voting Precinct (Second) a PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby loin with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector Address of Elector /0:3 'Ris kw I3//l??ctnwQz, Continued on age 2 Voting Precinct (Second) a 2 vZ. r 1%. 'Tw TW t41 n 1> 9 PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE THIRD VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Third Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's Second Precinct voting district do hereby join with our Township Commissioners in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Third Precinct. Signature of Elector Address of Elector Voting Precinct (Third) Continued on Page 2 Pano 1 of 7 9 zzSC„w?t A„dt PKw? ?l5? t ? R y r S. f ?? F 4 - '11* - nut-al-N- "x.11 Address of Elector /S7- S ? -? 5-66 leer(-*M., X cF & o-:E 14ilux D&- D Voting Precinct A4 (Third) i U rAl? 1 Paoe 2 of 2 w BOWMvs4It (ihqrch PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE FOURTH VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Fourth Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's Second Precinct voting district do hereby join with our Township Commissioners in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Fourth Precinct. Signature of Elector U z f!/? f Address of lector 02 4: 0 -# ,?a3 w, k,s b ,?., ,e?. `in ecA. S`Z 3 Gd l-,,4 4a z-, JP7 /'1!t crfr9?t/ r C+l /.1' ?1??? / 2 L Shr It "Dr, Voting Precinct (Fourth) Continued on Page 2 Paae 1 of 2 s ?. ,? ? ,?" Addres s of Elector p Z 44", l/Q ? ?/S,?;crn ?/ Voting Precinct (Fourth) Paae 2 of 2 f i 1 PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE FOURTH VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Fourth Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumberland County Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's Second Precinct voting district do hereby join with our Township Commissioners in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Fourth Precinct. Address of Elector 1 F ?is8vev ? v ?/NAl?dfliA[E, ?•,??e Voting Precinct (Fourth) z[ f ?, 4f 1, G ... 1 /? oss Continued on Page 2 Paqe 1 of 2 1Eb,? i-4a...? C , l • for Address of Elector L- 2-?1A3 `L?v?eW`Dr: -j Lac'n '-%f 0 & 04kVU4 th 111,' zTo 10 n y ?? ]?V/ 1 ORM A, i fir; r +1? 1?-'-t !W r 0 dhA' 2? 1,v.1 rC ?r . 1d Z.y un aC ? d 3'?iu?-oP c??GcGP Voting Precinct (Fourth)) 14 f1, ILI 'd y7)/ t,46-c 4-A - 44::& 4-41 y? y 4A q-d Paae 2 of 2 6 6-? y,# UPPER ALLEN TOWNSHIP RESOLUTION NO. WHEREAS, the Board of Commissioners of the Township of Upper Allen, Cumberland County, Pennsylvania (hereinafter referred to as the "Board"), is the governing body in the Township of Upper Allen, a first class township municipality, situate in Cumberland County, Pennsylvania (hereinafter referred to as the "Township"); and WHEREAS, the Township presently has four (4) voting districts or precincts located within its geographical boundaries, as reflected on Exhibit "A" attached hereto, with the number of registered electors noted in each voting precinct; and WHEREAS, the Board has received complaints from registered electors in all four (4) existing voting precincts of the Township as to delays encountered when voting in the primary and general elections because of the large numbers of registered electors being served in the said precincts; and WHEREAS, Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, authorizes no less than twenty (20) registered electors of an election district to petition the Cumberland County Court of Common Pleas ("Court") praying for the formation of new election districts. NOW, THEREFORE, be it RESOLVED, that the Board hereby- 1 . Accepts the Petitions, containing the signatures of registered electors, (See series of Petitions, marked as Exhibits "B-1" through "134" inclusive, attached hereto) that were circulated on and after 5 December 2007, seeking the creation of new voting districts by re-dividing all four (4) present voting precincts of the Township, and creating nine (9) new voting precincts; and Exhibit C 2. Requests the Court of Common Pleas of Cumberland County to accept this Resolution No. Y/ 9 , dated 19 December 2007, and the attached Petition and refer the Resolution to the County Board of Elections for its proper consideration; and 3. Authorizes Richard S. Laskey, Acting Township Manager, and William E. Miller, Jr., Esquire, Township Solicitor, to take all necessary and appropriate actions to enclose this Resolution with the Petition to be prepared and filed with the Court of Common Pleas of Cumberland County, Pennsylvania. RESOLVED, this 19" day of December, 2007. UPPER ALLEN TOWNSHIP By: Cam- ??T? James G. Cochran, President Board of Commissioners 9 =s of -j . S i - ° c u a n' a 3 y r : _ ? o 7 7 ,aQON. T Q H H p H x ri W C _ U ?? r") tv 1 -L l" W "f s DEC 87200 T IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR NEW VOTING DISTRICTS IN UPPER ALLEN TOWNSHIP : CIVIL DIVISION No. 6 7'770 7 Civil ORDER ---, " J. .i AND NOW, this ?? day of , 200,x, upon consideration of a ZOO Petition for the Establishment of New Voting Districts in the Township of Upper Allen filed pursuant to Section 503 of the Pennsylvania Election Code, 25 P. S. § 2703, IT IS HEREBY ORDERED AND DECREED that the Cumbe rland County Board of Elections shall investigate the facts contained in the Petition filed in this matter, and report to this Honorable Court as to its findings and recommendations pertaining to the Petition for new voting districts in Upper Allen Township. Said report from the Cumberland County Board of Elections shall be due to this Court within ninety (90) days from the date of this BY HE CO cc: William E. Miller, Jr., Esquire Upper Allen Township Solicitor Edward L. Schorpp, Esquire Solicitor for the County Board of Elections an / ES r»?t lac,( I 7 _:: `? _< r n , ? ? ? LIJ .' 3 LLJ Ltlil. a ? U N IN RE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR NEW VOTING DISTRICTS IN UPPER ALLEN TOWNSHIP : CIVIL DIVISION : No. 07-7707 Civil Term REPORT OF THE BOARD OF ELECTIONS The Report of the Cumberland County Board of Elections is attached hereto and submitted to the Court pursuant to the Order of Court of December 27, 2007, and as required under section 2703 of the Pennsylvania Election Code, 25 P.S. § 2703. Edward L. chorpp, squire Solicitor, Cumberland County Board of Elections Date: ,/` X9-4P vm? KIN c ' 1 11' ? ?I l1 ??tl IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN : CUMBERLAND COUNTY, PENNSYLVANIA UPPER ALLEN TOWNSHIP CIVIL DIVISION NO. 2007-7707 CIVIL REPORT OF THE CUMBERLAND COUNTY BOARD OF ELECTIONS The Board of Elections was directed pursuant to a Petition filed by registered electors of Upper Allen Township to make a full investigation of the facts presented in said Petition and to report to the Court its findings and recommendations as to the division, redivision, alteration, formation or consolidation of the election district prayed for by Petitioners. The Board of Elections has determined, as of January 25, 2008, that the following are the number of registered voters in each of the current election districts in Upper Allen Township: Upper Allenl 3,822 Upper Allen 2 2,644 Upper Allen 3 2,547 Upper Allen 4 2,408 The Board of Elections agrees that the Upper Allen voting districts contain more registered voters than is statutorily recommended. Section 2702 of the Election Code states as follows: "[E]xcept for good cause shown, election districts so formed shall not contain more than one thousand two hundred (1200) registered electors." 25 P.S. § 2702. The Board of Elections is aware that some voters in the election districts in Upper Allen Township have experienced long lines and length of time to cast their votes. The Board of Elections agrees that Upper Allen Township will continue to experience growth in both its housing and population. The Election Code, 25 P.S. §§ 2702 & 2703, requires that the formation or creation of new election districts by dividing or redividing any, township and or election districts into two or more election districts of compact and contiguous territory must promote the convenience of the electors and the public interests and must have clearly visible physical boundaries conforming with the census block lines from the most recently completed Federal decennial census. The Board of Elections has determined that the boundaries of the proposed new election districts set forth in the Petition do conform to the census block lines from the most recently completed Federal decennial census. The Board of Elections is recommending that the proposed new election districts in Upper Allen Township, as set forth in the Petition, be accepted. The Board of Elections is recommending the new election districts in Upper Allen Township be known as follows: Upper Allen 1 Upper Allen 2 Upper Allen 3 Upper Allen 4 Upper Allen 5 Upper Allen 6 Upper Allen 7 Upper Allen 8 Upper Allen 9 The proposed election districts would consist of approximately the following number of registered voters: Upper Allen 1 1319 Upper Allen 2 1273 Upper Allen 3 782 Upper Allen 4 1427 Upper Allen 5 1246 Upper Allen 6 993 Upper Allen 7 1003 Upper Allen 8 1492 Upper Allen 9 1456 The proposed polling places for the new election districts in Upper Allen have been made available and would be established as follows: Precinct Address of Polling Place Upper Allen 1 Daybreak Church 321 Gettysburg Pike Mechanicsburg, PA 17055 Upper Allen 2 Grantham Brethren in Christ Church 421 Grantham Road Grantham, PA 17027 Upper Allen 3 Saint Elizabeth Ann Seton Catholic Church 310 Hertzler Road Mechanicsburg, PA 17055 Upper Allen 4 Shepherdstown United Methodist Church 1943 South York Street Mechanicsburg, PA 17055 Upper Allen 5 Bowmansdale Church of God East Lisburn Road Mechanicsburg, PA 17055 Upper Allen 6 St. Peter Lutheran Church 130 Nittany Drive Mechanicsburg, PA 17055 Upper Allen 7 Upper Allen Township Municipal Building 100 Gettysburg Pike Mechanicsburg, PA 17055 Upper Allen 8 Immanuel Alliance Church-Christian and Missionary Alliance 800 South Market Street Mechanicsburg, PA 17055 Upper Allen 9 Temple Beth Shalom of Greater Harrisburg 913 Allendale Road Mechanicsburg, PA 17055 The boundaries of the proposed election districts are set forth in the attached Exhibit "A" and as shown on the attached map marked as Exhibit "B". In anticipation of the hearing in the within matter, and as required by section 2704 of the Election Code, the Board of Elections will post the attached Notice, marked Exhibit "C," in at least five conspicuous places in the election districts of Upper Allen Township, one of which shall be posted at the current polling places for Upper Allen Township. An affidavit confirming the required postings will be presented at the hearing. Respectfully submitted, CUMBERLAND COUNTY BOARD OF ELECTIONS Gary Eichelberger, Chairman Bruce B - hai ss li rw?/ ? /Ylil Richard L. Rovegno, Secretary Date: January U , 2008 EXHIBIT "A" DESCRIPTIONS FOR VOTING DISTRICT BOUNDARIES FOR UPPER ALLEN TOWNSHIP Precinct boundaries follow the roads, railroads, and the existing municipal boundary. Precinct descriptions begin in the northwest corner of the Township and proceed clockwise. Upper Allen I - Beginning at the intersection of Stumpstown Road and the Monroe Township municipal boundary; then southeasterly along Stumpstown Road to the intersection of Hawthorn Avenue; then easterly along Hawthorn Avenue to the intersection of Gettysburg Pike; then southerly along Gettysburg Pike to the intersection of West Lisburn Road; then easterly along West Lisburn Road to the intersection of US Route 15; then southerly along US Route 15 to the intersection with the Yellow Breeches Creek and the York County boundary; then westerly along the York County boundary to the common boundary of Monroe Township; then following the Monroe Township boundary northerly to the intersection of Stumpstown Road. Upper Allen 2 - Beginning at the intersection of West Lisburn Road and US Route 15; then easterly along West Lisburn Road to the intersection of South Market Street; then southerly along South Market Street to the intersection with the Yellow Breeches Creek and the York County boundary; then along the York County boundary by its various bearings to the intersection with US Route 15; then northerly along US Route 15 to the intersection of West Lisburn Road. Upper Allen 3 - Beginning at the intersection of Mt. Allen Drive and Hertzler Road; then easterly along Hertzler Road to the intersection of the Lurgan Branch of the Conrail Railroad; then northeasterly along the railroad to its intersection with the Lower Allen Township boundary; then southerly along the Lower Allen Township boundary to the intersection with the Yellow Breeches Creek and the York County boundary; then westerly along the York County boundary to its intersection with South Market Street; then northerly along South Market Street to the intersection of East Lisburn Road; then easterly along East Lisburn Road to the intersection of Mt. Allen Drive; then northerly along Mt. Allen Drive to the intersection of Hertzler Road. Upper Allen 4 - Beginning at the intersection of Interstate 76 (Pennsylvania Turnpike) and the Monroe Township boundary; then easterly along Interstate 76 to the intersection of South York Street; then following South York Street to the intersection of Gettysburg Pike; then northeasterly along Gettysburg Pike to the intersection of South Market Street; then southerly along South Market Street to the intersection of US Route 15; then southwesterly along US Route 15 to the intersection of West Lisburn Road; then westerly along West Lisburn Road to the intersection of Gettysburg Pike; then northerly along Gettysburg Pike to the intersection of Hawthorn Avenue; then westerly along Hawthorn Avenue to the intersection of Stumpstown Road; then northwesterly along Stumpstown Road to the intersection of the Monroe Township boundary; then northerly along the Monroe Township boundary to the intersection of Interstate 76. Upper Allen 5 - Beginning at the intersection of West Lisburn Road and US Route 15; then northeasterly along US Route 15 to the intersection of South Market Street; then southerly along South Market Street to the intersection of Kim Acres Drive; then easterly along Kim Acres Drive to the intersection of Mt. Allen Drive; then southerly along Mt. Allen Drive to the intersection of East Lisburn Road; then westerly along East Lisburn Road and West Lisburn Road to the intersection of US Route 15. Upper Allen 6 - Beginning at the intersection of South Market Street and US Route 15; then northeasterly along US Route 15 to the intersection of Mt. Allen Drive; then southerly along Mt. Allen Drive to the intersection of Kim Acres Drive; then westerly along Kim Acres Drive to the intersection of South Market Street; then northerly on South Market Street to the intersection of US Route 15. Upper Allen 7 - Beginning at the intersection of Mt. Allen Drive and US Route 15; then northeasterly along US Route 15 to its intersection with the Lower Allen Township boundary; then southerly along the Lower Allen Township boundary to its intersection with the Lurgan Branch of the Conrail Railroad; then southwesterly along the railroad to the intersection of Hertzler Road; then westerly along Hertzler Road to the intersection of Mt. Allen Drive; then northerly along Mt. Allen Drive to the intersection of US Route 15. Upper Allen 8 - Beginning at the common boundary of Mechanicsburg Borough, Monroe Township, and Upper Allen Township; then along the municipal boundary of Upper Allen and Mechanicsburg Borough by its various bearings to the intersection of Shepherdstown Road and South Market Street; then southerly along South Market Street to the intersection of Interstate 76 (Pennsylvania Turnpike); then easterly along Interstate 76 to the intersection of US Route 15; then southwesterly along US Route 15 to the intersection of South Market Street; then northerly along South Market Street to the intersection of Gettysburg Pike; then southwesterly along Gettysburg Pike to the intersection of South York Street; then northerly along South York Street to the intersection of Interstate 76; then westerly along Interstate 76 to the Monroe Township boundary; then northerly and easterly along the Monroe Township boundary to the common boundary of Mechanicsburg Borough, Monroe Township, and Upper Allen Township. Upper Allen 9 - Beginning at the intersection of South Market Street with the Mechanicsburg Borough boundary; then by the Mechanicsburg Borough boundary by its various bearings to it intersection with the Lower Allen municipal boundary; then along the Lower Allen Township municipal boundary by its various bearings to its intersection with U.S. Route 15; then southwesterly along US Route 15 to the intersection of Interstate 76; then westerly along Interstate 76 to the intersection of South Market Street; then northerly along South Market Street to the Mechanicsburg Borough municipal boundary. 92 it N 0 -14? u ? v ~ L'oeo0aooa?1pOO oei?oo°non°mo (V N l L de a c e n _ ?L v ?? c*3 oovonoo of s? a M t A i b p w N t V Y ? ^ 2 s C? ;;3 H ?Nm C O? Y j a 0 €?£? a =- N--00-0 0 Z aB A Cl H h t f O C ) CD fl- C4 Co .3 r g ? 444 + a -mn w.c i` .+ d 4D d ` 7 a co ? 2+ t "?ru m BPS a?, ?. £ 4 v, . u f O C C ?` L C 10 F H Qa EXHIBIT "C" NOTICE Notice is hereby given that a Petition praying for the creation of nine (9) new election districts to replace all of the present election districts in Upper Allen Township, Cumberland County Pennsylvania has been presented to the Court of Common Pleas, Civil Division, Cumberland County, Pennsylvania, by the Township Commissioners and the registered electors of all four (4) of the present election precincts in Upper Allen Township, Cumberland County Pennsylvania. Notice is further given that the Board of Elections is recommending that said Petition be accepted. As of January 25, 2008, Upper Allen 1St precinct contained 3,822 registered electors, Upper Allen 2nd precinct contained 2,644 registered voters, Upper Allen 3rd precinct contained 2,547 registered voters and Upper Allen 4th precinct contained 2,408 registered voters. The boundaries of the proposed new election districts are depicted on the attached map. The Court has set the 15th day of February, 2008, at 2:30 p.m. in courtroom #2 at the Courthouse, Carlisle Pennsylvania, as the time and place for a hearing on said Petition and the Board's Report, at which time objections thereto will be heard and considered. Any person desiring to object to the division, creation or realignment of election districts in Upper Allen Township, as proposed in the Petition, the Report, or both, must file his objections with the Cumberland County Prothonotary prior to the date of the hearing (Case No.: 2007-7707 CIVIL). Gary Eichelberger, Bruce Barclay, Richard L. Rovegno, Cumberland County Board of Elections; Dennis Marion, Acting Chief Clerk. t') 4 ?- ,?? f r"`? w ? ? ??? ?? ? ? ? `r ?? 4) CJ -K IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN : CUMBERLAND COUNTY, PENNSYLVANIA UPPER ALLEN TOWNSHIP : CIVIL DIVISION : NO. 2007-7707 CIVIL ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the within Petition, a hearing for the creation of nine (9) new election districts to replace all of the present election districts of Upper Allen Township is hereby set for the f 5-lay of February, 2008, at o? 36 p.m. in Courtroom No. 2, Cumberland County Edgar ayley; P.J. William E. Miller, Jr. Esquire, for Petitioners Edward L. Schorpp, Esquire, for Board of Elections Cumberland County Board of Elections Janet Walter, County Paralegal A. AWW", IPY I E W fed OC myr 1llYl OFk it IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN : CUMBERLAND COUNTY, PENNSYLVANIA UPPER ALLEN TOWNSHIP : CIVIL DIVISION : NO. 2007-7707 CIVIL CERTIFICATE OF SERVICE I hereby certify that I have this day served a true copy of the Report of the Cumberland County Board of Elections upon the participant listed below: SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: William E. Miller, Jr., Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 Dated this 30th day of January, 2008. et A. Walter, Paralegal elicitor's Office One Courthouse Square Carlisle, PA 17013 ?.- ???, ?, r i ? "?? ?? y ....vv??„ C.M l IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR NEW VOTING DISTRICTS IN UPPER ALLEN : CIVIL DIVISION TOWNSHIP : NO. 2007-7707 CIVIL OBJECTIONS TO PETITION ON BEHALF OF THE CUMBERLAND COUNTY REPUBLICAN COMMITTEE And Now, comes the Cumberland County Republican Committee (the "CCRC") and files the following objections to the petition for new voting districts in Upper Allen Township (the "Petition") as follows: 1. The CCRC is a "county committee" as defined and recognized under section 807 of the Pennsylvania Election Code, 25 P.S. §2837. 2. Pursuant to section 807, the committee members of the CCRC are elected in the Spring Primary, and such elections are done so every two years as provided for under duly adopted CCRC by-laws. 3. Pursuant to state law and CCRC by-laws, candidates for committee positions have circulated and filed nomination petitions to appear for the elected position of committee man or committee woman for most of the existing four (4) precincts in Upper Allen Township. 4. Petitions for committee positions had to be filed on or by February 12, 2008, for a candidate to appear on the 2008 Spring Primary ballot. 5. The CCRC has been informed, and therefore so avers, that the Cumberland County Board of Elections (the "Board") intends to split the existing Upper Allen Township precincts P into 9 new precincts prior to the 2008 Spring Primary if the pending petition is approved by this Court. 6. Splitting the existing 4 precincts into 9 new precincts before the 2008 Spring Primary will completely displace those candidates that have duly and timely filed nomination petitions with the Board to appear on the 2008 Spring Primary ballot for the existing 4 precincts in Upper Allen Township. 7. The importance of the elected committee positions to each of the Republican and Democrat parties is specifically noted as a reason to justify splitting the existing precincts. See petition ¶16(e) and (1). 8. Further, the Spring Primary ballot cannot be properly organized with the current filed candidates for the existing 4 precincts if the Board prepares a ballot with 9 new precincts. None of the proposed new precincts correspond with any of the existing precincts. Thus, properly filed committee candidates cannot properly be placed on the ballot if the existing precincts are split before the 2008 Spring Primary. 9. Moreover, just a little more than 60 days remain from hearing on approval of the pending petition until the April 22, 2008 primary. Given past experience, if mistakes are made in the notifications to voters in Upper Allen Township of their new precinct designations, sufficient time does not exist to make corrections to avoid confusion before the April 22 primary. Confusion as to voter precincts tends to dissuade voters from voting. 10. The necessity to avoid voter confusion is particularly relevant to this year's primary given the fact that an open seat exists for the 88"' State House legislative district. Approximately seven (7) candidates have filed for this seat. Upper Allen Township lies completely within the 88`h district. Given the number of candidates filing, the potential exists that the election of a candidate in the primary may be by a close margin. 11. If election of a candidate is close, the possibility of a recount cannot be discounted at this time. At present there is no way to independently verify votes under the current electronic voting system, since there is no paper backup for any election machine. 12. The CCRC does NOT oppose the splitting of the existing precincts into the proposed new election districts, but hereby objects to any such split if done so before the 2008 Spring Primary. Splitting the existing precincts before the 2008 Spring Primary will disenfranchise and violate the rights of the committee candidates and the CCRC to have properly petitioned names placed upon the election ballot. 13. Postponing split of the existing precincts until after the 2008 Spring Primary will avoid any election contests based upon voter confusion and disenfranchisement due to a reconfiguration of the precincts immediately before the 2008 Spring Primary. WHEREFORE, the CCRC respectfully requests that the pending Petition be approved subject to the condition that the existing precincts NOT be split until after conclusion of the 2008 Spring Primary to be held on April 22, 2008. Respectfully submitted, 1 Victor P. Stabil , Esq. S. Ct. # 37449 Dilworth Paxson LLP 112 Market Street, 81h Fl. Harrisburg, PA 17101 (717) 235-4812 Dated: February 14, 2008 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. f 1 Victor P. Stabire, s . CERTIFICATE OF SERVICE I hereby certify that I have this 14ffi day of February, 2008, served a true and correct copy of the foregoing document by first class mail, postage prepaid, and fax as follows: William E. Miller, Jr. 1822 Market Street Camp Hill, PA 17011-4824 Fax 717-737-9215 Edward L. Schorpp 35 South Thrush Drive Carlisle, PA 17013 Fax 717-486-8386 1 r Victor P. Stabile ra c ? ma r ? ? ' .- ? - ? n IN RE: PETITION FOR NEW VOTING IN THE COURT OF COMMON PLEAS OF DISTRICTS IN UPPER ALLEN CUMBERLAND COUNTY, PENNSYLVANIA TOWNSHIP 07-7707 CIVIL TERM ORDER OF COURT AND NOW, this '010 day of February, 2008, it appearing to the court that six of the nine proposed election districts contain more than 1,200 registered electors, and it further appearing that Section 502 of the Election Code (25 P.S. § 2792) provides that such proposed districts shall not contain more than 1,200 registered electors "except for good cause shown" an evidentiary hearing on the issue of good cause is scheduled for Wednesday, March 5, 2008 at 2:30 p.m., in Courtroom Number 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. Byt r, Edward E. ido, J. ?William E. Miller, Jr., Esquire - ac y ?y,?? ?IIQ?OS For Petitioners / ` ward L. Schorpp, Esquire For Board of Elections (XVictor P. Stabile, Esquire - For Objector Nand c)el'?ve Rev b?s ? (2"YX m? c 02/1 Ile $ `V 7) ommissioner's Office - A 0 Qb c?1??e rec . ?u caRt :sal J li S :C Wd 61 03d 000, ,Hi ?C IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR NEW VOTING DISTRICTS IN UPPER ALLEN TOWNSHIP NO. 2007 - 7707 CIVIL TERM ORDER OF COURT AND NOW, this 3RD day of MARCH, 2008, the hearing scheduled for March 5, 2008, at 2:30 p.m. is CONTINUED generally. It shall be rescheduled at the request of any party. E. Guido, J. 'William E. Miller, Jr., Esquire E dward L. Schorpp, Esquire ? Victor P. Stabile, Esquire commissioner's Office :sld 1 3 f 4j1vg y]. '?y l.. 1 ^j 'i 16, IN RE: PETITION FOR NEW VOTING DISTRICTS IN UPPER ALLEN TOWNSHIP : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 2007-7707 Civil AMENDED AND RESTATED IN ITS ENTIRETY PETITION FOR ESTABLISHMENT OF NEW VOTING DISTRICTS IN UPPER ALLEN TOWNSHIP TO THE HONORABLE, Judges of Said Court: AND NOW, comes the Petitioners, the Board of Commissioners of Upper Allen Township and the registered electors of all four (4) of the present Election Precincts of Upper Allen Township, Cumberland County, by and through the undersigned counsel, Miller & Associates, PC, and hereby petition your Honorable Court for the creation of ten (10) new election districts to replace all of the present precincts of Upper Allen Township, pursuant to Sections 502 and 503 of the Pennsylvania Election Code, 25 P.S. §§ 2702 and 2703, and in support thereof state as follows: 1. Petitioners are the Board of Commissioners (hereinafter referred to as the "Board") of Upper Allen Township (hereinafter referred to as the "Township"), the legal representatives of the citizens of Upper Allen Township, a township municipality of the first class, Commonwealth of Pennsylvania, with its principal place of business being located at 100 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055, and registered electors residing in all of the present four (4) voting precincts of the Township. Page 1 of 7 2. On 26 December 2007, Petitioners filed with the Court a Petition for Establishment of New Voting Districts in Upper Allen Township, which was docketed by the Prothonotary to the above term and number. After a hearing on the Petition held on 15 February 2008, the Court, through Judge Edward Guido, issued an Order, dated 19 February 2008, scheduling an evidentiary hearing on 5 March 2008. Prior to said date, the parties requested a continuance generally, which request was granted by Order of Judge Guido, dated 3 March 2008, to be rescheduled at the request of any party. No such further hearing has been held. Petitioners now file this Amended and Restated in its Entirety Petition to address and cure the objections of Judge Guido to the original filed Petition. 3. According to the precinct registration summary on the street list as of 24 July, 2007, the First Precinct of the Township contained 3,792 registered electors. 4. According to the precinct registration summary on the street list as of 24 July, 2007, the Second Precinct of the Township contained 2,597 registered electors. 5. According to the precinct registration summary on the street list as of 24 July, 2007, the Third Precinct of the Township contained 2,436 registered electors. 6. According to the precinct registration summary on the street list as of 24 July, 2007, the Fourth Precinct of the Township contained 2,422 registered electors. 7. According to the 2000 U.S. Census, 4,471 people reside in the First Precinct of the Township. 8. According to the 2000 U.S. Census, 3,299 people reside in the Second Precinct of the Township. Page 2 of 7 9. According to the 2000 U.S. Census, 3,323 people reside in the Third Precinct of the Township. 10. According to the 2000 U.S. Census, 4,449 people reside in the Fourth Precinct of the Township. 11. Voting forthe First Precinct is currently held at the Immanuel Alliance Church- Christian and Missionary Alliance, 800 South Market Street, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 12. Voting for the Second Precinct is currently held at the St. Peter Lutheran Church, 130 Nittany Drive, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 13. Voting for the Third Precinct is currently held at the Upper Allen Township Municipal Building, 100 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. 14. Voting for the Fourth Precinct is currently held at the Bowmansdale Church of God, East Lisburn Road, Bowmansdale, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 15. Section 502 of the Pennsylvania Election Code, 25 P.S. § 2792, provides, in part, that: "[T]he court of common pleas of the county in which the same are located, may form or create new election districts by dividing or re-dividing any borough, township, ward or election district into two or more election districts of compact and contiguous territory... Except for good cause shown, election districts so formed shall not contain more than one thousand two hundred (1,200) registered electors." Id. Page 3 of 7 16. Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, further provides, in part, that: "Upon the petition of twenty registered electors of any township . . . or election district, to the court of the proper county, praying for the division or redivision of such township ... or election district ... the said court shall refer the said petition to the county board of elections, which shall make a full investigation of the facts, and shall report to the court its findings and recommendations as to the division ... prayed for. If the county board shall find that a division ... of election districts will promote the convenience of the electors and the public interests, it shall recommend a proper division ... which must have clearly visible physical boundaries ... and shall accompany its report with a map and a verbal description of the boundaries, as well as a certification of the number of electors registered in each of the resulting election districts for the immediately preceding general or municipal election." Id. 17. The Petitioners, who are registered electors in each of the precincts of the Township, believe it is necessary and appropriate to create new voting precincts from the existing four (4) precincts of the Township, for the following reasons: a. Each of the four (4) existing voting precincts contain no less than 2,422 registered electors, which in each existing voting precinct is double the statutorily recommended number of 1,200 registered electors for each election precinct; and b. The large number of registered electors who must cast their votes at each precinct creates undue and extended delays during primary and, particularly, general election, and discourages prospective electors from exercising their right to vote. In fact, in the 2004 primary and general elections, numerous voters in each voting precinct came to the polling places and left without voting because of the long lines and length of time to cast their votes. It is also believed and is therefore averred that some voters do not even bother to vote because of their knowledge of these long lines; and c. The Township and each of its voting precincts continues to experience growth in both its housing and population numbers and it is therefore believed and averred that the present situation discourages residents from voting and will only worsen unless relief is granted and new voting precincts are created: and Page 4 of 7 d. Adding additional election booths or polling tables at the existing precincts will not alleviate the long lines or unreasonable waits by voters in the present four (4) voting precincts since Section 1220 of the Pennsylvania Election Code, 25 P.S. § 3060(a), prohibits more than ten (10) voters outside of the enclosed space in any primary or general election at any one time in the polling place (the room provided for voting): and e. The county committees of Democrat and Republican Parties are organized by electing one male and one female committee person at the voting district level. The registered Democrats and Republicans in the present four (4) precincts are under-represented on their respective county committees for organizational and endorsement purposes; and f. Since each party elects only two county committee members for each voting district, the large population creates an undue burden upon them in communications with the voters of their respective voting districts. 18. Petitioners believe and therefore aver that the four (4) present election districts, or precincts, of the Township should be completely re-divided into a total of ten (10) new election districts numbered First Precinct through Tenth Precinct inclusive. 19. Petitioners request that the ten (10) new election districts be created in order to accommodate the convenience of the registered electors and to promote the public interests and participation in elections by registered electors. 20. Based on the existing geography and demographics of the Township, and following the provisions of Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, which requires that each election district" ... must have clearly visible physical boundaries conforming with census block lines from the most recently completed Federal decennial census, Petitioners suggest that the proposed ten (10) new election districts follow the boundaries depicted on a street map of the Township and the verbal descriptions of the boundaries, attached hereto and marked as Exhibit "A," which illustrates the Township and its proposed new ten (10) voting districts. Page 5 of 7 21. Petitioners believe and therefore aver that the following indicated present and proposed locations would be suitable as polling places to serve the existing and proposed ten (10) election districts, each of which facilities is handicap accessible: First Precinct: Daybreak Church, 321 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Second Precinct: Grantham Brethren in Christ Church, 421 Grantham Road, Grantham, Upper Allen Township, Pennsylvania 17027. Third Precinct. Shepherdstown United Methodist Church, 1934 South York Street, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Fourth Precinct: St. Peter Lutheran Church, 130 Nittany Drive, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Fifth Precinct: Bowmansdale Church of God, East Lisburn Road, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Sixth Precinct: Crossroads Community Church, 1425 South Market Street, Mechanicsburg, Upper Allen Township, Pennsylvania 17055 Seventh Precinct: Messiah Village, 100 Mt Allen Drive, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Eighth Precinct: Upper Allen Township Municipal Building, 100 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Ninth Precinct: Immanuel Alliance Church-Christian and Missionary Alliance, 800 South Market Street, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. Tenth Precinct: Temple Beth Shalom of Greater Harrisburg, 913 Allendale Road, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 22. Redividing the precincts of the Township and creating new electoral precincts, as requested, will not result in any of the proposed ten (10) new precincts of the Township exceeding 1,200 registered electors for each district as provided for under Section 502 of the Pennsylvania Election Code, 25 P.S. § 2702. Page 6 of 7 23. Petitions were circulated by electors of the four (4) present voting precincts of the Township for the establishment of the proposed ten (10 ) new voting precincts in the Township. (See series of petitions marked as Exhibit "B-1" through Exhibit "B-4, " inclusive and attached hereto). 24. The Board of Commissioners of the Township, at its duly constituted regular monthly II meeting held on Wednesday, 19 December 2007, unanimously adopted Resolution No. 818, requesting, inter alia, that the Court refer the Petition to the Cumber- land County Board of Elections for its proper consideration. A true copy of Resolution No. 818 is attached hereto and marked as Exhibit "C." WHEREFORE, the Petitioners, and the Board of Commissioners of Upper Allen Township and individual registered electors from the four (4) present voting districts of Upper Allen Township, through their undersigned counsel, respectfully pray that this Honorable Court direct the Cumberland County Board of Elections to investigate fully and promptly the facts as alleged in this Petition and to report to the Honorable Court its findings and recommendations as to the creation of new election districts to be known as the First Precinct through the Tenth Precinct in order to promote and serve the convenience of the registered electors and the public interests. Respectfully submitted, Dated: z MILLER & ASSOCIATES, PC By. r William E. Miller, Jr., Esgr~iire Pa. Supreme Ct. N :'07220 1822 Market S et Camp Hill, PA 17011-4824 Telephone: (717) 737-9211 Fax: (717) 737-9215 Attorneys for Petitioners Page 7 of 7 Q? G? a ? ?I W? U R? O a o a U ? ? o Q m ' am ° E £ ? V E i N U ? Y E 3 m ac N ?o 00 V1 O 0 a E ? E u = c a 3 a 0.z "C' r?S- r n` n i = a n U t` O w w M OS M M r- O? ?D t- R s M 0 00 O O O 0 0 ^ r r r ? G O --N M 7 w'1 xD h a0 U ? • ,rr 4 -. ._.. 1. _..i _e l ? ic ? - F yr y y ;•s ; 1 w `. 4 )??14 LO q O ?d l +1 S ' r i y o £ `,?, vz e 8 R Too f 1N f ;r z ,. y? C. as f ? h i x i 1 Exhibit A Boundary Descriptions Upper Allen 10 Voting Precincts Upper Allen 1 - Beginning at the intersection of Monroe Township and Stumpstown Rd; then southwesterly along Stumpstown Rd to the intersection of W Lisburn Rd; then westerly along W Lisburn Rd to the intersection of US Rt 15; then southeasterly along US Rt 15 to the border of York County; then westerly along the boundary of York County to the boundary of Monroe Township; then northerly along the boundary of Monroe Township to the intersection of Stumpstown Rd. Upper Allen 2 - Beginning at the intersection of the extension of Grantham Rd and US Rt 15; then westerly along Grantham Rd to the intersection of W Lisburn Rd; then westerly along W Lisburn Rd and E Lisburn Rd to the intersection of Lower Allen Township; then southerly along Lower Allen Township boundary to the boundary of York County; then easterly along the York County boundary to US Rt 15; then northerly along US Rt 15 to the intersection of the extension of Grantham Rd. Upper Allen 3 - Beginning at the intersection of Monroe Township and Fisher Rd; then southeasterly along Fisher Rd to the intersection of Southview Dr; then northerly along Southview Dr to the intersection of S Meadow Dr; then easterly along S Meadow Dr to the intersection of W Meadow Dr; then northerly along W Meadow Dr to the intersection of Summerfield Dr; then easterly along Summerfield Dr to the intersection of E Meadow Dr; then northerly along E Meadow Dr to the intersection of S York St; then southerly along S York St to the intersection of Gettysburg Pike; then northeasterly along the Gettysburg Pike to the intersection of S Market St; then southerly along S Market St to the intersection of US Rt 15; then southwesterly along US Rt 15 to the intersection of W Lisburn Rd then westerly along W Lisburn Rd to the intersection of Stumpstown Rd; then northwesterly along Stumpstown Rd to the intersection of Monroe Township; then northerly along the Monroe Township Boundary to the intersection of Fisher Rd. Upper Allen 4 - Beginning at the intersection of US Rt 15 and S Market St; then southerly along S Market St to the intersection of Lisburn Rd; then westerly along W Lisburn to the intersection of Grantham Rd; then westerly along Grantham Rd and its extension to the intersection of US Rt 15; then northeasterly along US Rt 15 to the intersection of S Market St. Upper Allen 5 - Beginning at the intersection of Kim Acres Dr and S Market St; then westerly along Kim Acres Dr to the intersection of Mt Allen Dr; then northerly along Mt Allen Dr to the intersection of Hertzler Dr; then westerly along Hertzler Dr to the intersection of the Lurgan Branch Railroad; then northeasterly along the Lurgan Branch Railroad to the intersection of Lower Allen Township Boundary; then southerly along the Lower Allen Township Boundary to E Lisburn Rd; then westerly along E Lisburn Rd to the intersection of S Market St; then northerly along S Market St to the intersection of Kim Acres Dr. Upper Allen 6 - Beginning at the intersection of Interstate 76 and the Monroe Township Boundary; then easterly along Interstate 76 to US Rt 15; then southwesterly along US Rt 15 to the intersection of S Market St; then northerly along S Market St to the intersection to Gettysburg Pike; then southerly along the Gettysburg Pike to the intersection of S York. St; then northerly along S York St to the intersection of E Meadow Dr; then southerly along E Meadow Dr to the intersection of Summerfield Dr; then westerly along Summerfield Dr to the intersection of W Meadow Dr; then southerly along W Meadow Dr to the intersection of S Meadow Dr; then westerly along S Meadow Dr to the intersection of Southview Dr; then southerly along Southview Dr to the intersection of Fisher Rd; then northwesterly along Fisher Rd to the intersection the Monroe Township Boundary; then northerly along the Monroe Township Boundary to the intersection of Interstate 76. Upper Allen 7 - Beginning at the intersection US Rt 15 and S Market St; then northeasterly along US Rt 15 to the intersection of Mt Allen Rd; then southerly along Mt Allen Rd to the intersection of Kim Acres Dr; then westerly along Kim Acres Dr to the intersection of S Market St; then northerly along S Market St to the intersection of US Rt 15. Upper Allen 8 - Beginning at the intersection of Mt Allen Dr and US Rt 15; then northeasterly along US Rt 15 to the intersection of the Lower Allen Township boundary; then southerly along the Lower Allen Township boundary to the intersection with the Lurgan Branch Railroad; then southerly along the Lurgan Branch Railroad to the intersection of Hertzler Rd; then westerly along Hertzler Rd to the intersection of Mt Allen Dr; then northerly along Mt Allen Dr to the intersection of US Rt 15. Upper Allen 9 - Beginning at the intersection of Mechanicsburg Borough, Monroe Township, and Upper Allen Township; then easterly along the Mechanicsburg Borough boundary to the intersection of Allendale Rd, then southerly along Allendale Rd to the intersection of Independence Ave; then easterly along Independence Ave to the intersection Gettysburg Rd; then northerly along Gettysburg Rd to the intersection of the Lower Allen boundary; then southerly along the Lower Allen boundary to the intersection of US Rt 15 then southerly along US Rt 15 to the intersection of Interstate 76; then westerly along Interstate 76 to the intersection of the Monroe Township boundary; then northerly along the Monroe Township boundary to the intersection of Mechanicsburg Borough, Monroe Township, and Upper Allen Township. Upper Allen 10 - Beginning at the intersection of Allendale Rd and Mechanicsburg Borough; then easterly along the Mechanicsburg Borough boundary to the intersection of Lower Allen Township; then southerly along the Upper Allen and Lower Allen Boundary to the intersection of Gettysburg Rd; then southerly along Gettysburg Rd to the intersection of Independence Ave; then westerly along Independence Ave to the intersection of Allendale Rd; then northerly along Allendale Rd the intersection of Mechanicsburg Borough and Upper Allen Township. dft (?1rts-T ocan Iss I w)q e? PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE FIRST VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the First Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS it is the responsibility_czf the- Gunibertan-d-Cau_n1y and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve.voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the First Precinct. Signature of Elector Address of Elector Voting Precinct (First) cv. A ? e l? ???r-q uay D n Continued on Page 2 ?`r 1 r Address of Elector Voting Precinct L- (First) i?1 l Ll Cov?ewivy Did 32z tom, ?? (? C- z. CV,,), l W i? L h -4 .n t ;Zy(ol I **C* D2 2 4kp% l ob"-L,• e7, ?J???? . ZZ ? . g 6l-bow W- 45a Lf MA14MCA r i jA,1 f2U E Y?"4M4 vt Cf 1( C?d{?iGt./?cC.G l? ?`I' J G ?Gp?'?j L. ???? fa ? _J901VAT a IT-4 PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and _WJ]EREAS, it_is th-e-r-esponsib-iiity-of the Cumberla-nd-Cou-nty-Board-of-Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector Address of Elector In W &d/cu- 101 (,) tlr(rk.25k La*c /op G??l?,e,?s (nf Voting Precinct (Second) Continued on Page 2 4//v/ l x!, l 7 Signature of Elector W,U? rl -?-j J ' t d Al-l k la ----- ------ Address of Elector ,3 ?4"u Ac?ps . it i 6 _ _ &), sue/ Voting Precinct (Second) PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the respom-:0bility_of the_ CumLerland_Coun B_oar_d_o_f_Ele_ctions_ and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Voting Precinct (Second) e- S t-CA. 2 Siqnature of Elector Address of Elector ?77 ? ? Z ti Continued on Page 2 A, /? - z - / 71", 7 PETITION FOR THE CREATION OF, NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the Cumbedanst_ Couuty_aQa_cd of_Ele-ctions and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector Address of Elector A Voting Precinct (Second) 2 Continued on Page 2 2-- ( 4A- 4?1 7(117- G2 PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2047 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and _ WHEREAS itis_the-resRonsihility of-tfte-GLraberiand Gount)(--Boar_d-?zf-Elections_ and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby join with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector Address of Elector a?. Votinq Precinct (Second) Z Continued on Page 2 6' k Z_ 9 r?? PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present flour (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responadbili{ty of thLe Cu b-e-eland Cauaty-Board_of_Elections_ _ and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct, NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby joint with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector z ? Address of Elector Voting Precinct (Second) a 4 t 55S t7r??,?dd Ur 2 Continued on Page 2 Q_ X, PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE SECOND VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Second Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility_o_f_the C m-Larlan-d-Caunty Boand & cuions and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2;422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's First Precinct voting district do hereby jQi. n with our Township Commission- ers in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Second Precinct. Signature of Elector Address of Elector Voting Precinct (Second) z on ?nue on age 2Q /as " C f d d" FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE THIRD VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Third Precinct, but County action has not yet been taken to implement the Township's recommendation,- and -WHEREAS, it_i-s_ the_re-sp-onsibaity of the- C-u.mbe-r-la-nd -County-Board-of--E-lecti-ons- and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper Allen Township's Second Precinct voting district do hereby join with our Township Commissioners in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Third Precinct. Signature of Elector Address of Elector Voting Precinct (Third) 77 - 32. W1NQrNL. µ t?,c_, a? Continued on Page 2 A1114-1-1-3 LLsi WAL, Address of Elector L4W?d d- Voting Precinct (Third) z 7C _ P V Jf - W fW PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE FOURTH VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Fourth Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS, it is the responsibility of the C-umbLer_la-ad_ C-o-unty-Board of Elections and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it RESOLVED, that we, the undersigned registered electors of Upper?llen Township's Second Precinct voting district do hereby join with our Township Commissioners in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Fourth Precinct. Signature of Elector P L 'mac Address of lector oZtv4 r-V4 `7Y1 ec.?. I Z L Shy c?? fir'' Continued on Page 2 Voting Precinct (Fourth) V 4c, r Y ISignatture offElec or 4 Address of Elector l/? ? Lsbru? ,?1 4(3 7a Voting Precinct (Fourth) A 9-? -77 ;7-/?- PETITION FOR THE CREATION OF NEW VOTING PRECINCT TO REDUCE OVERCROWDING AT THE FOURTH VOTING PRECINCT IN UPPER ALLEN TOWNSHIP 5 December 2007 WHEREAS, based on numerous complaints, the Upper Allen Township Board of Commissioners previously unanimously recommended that the Cumberland County Board of Elections create new voting precincts to reduce the incidence of long waits, overcrowding and traffic congestion at all present four (4) voting precincts in the Township, including the Fourth Precinct, but County action has not yet been taken to implement the Township's recommendation; and WHEREAS,- it_isAhe__resRan.sibility_of the Gumher_larrd Caurrty_Roar_d af_Election.s and the Cumberland County Court of Common Pleas to establish voting precincts and to assure that they are convenient to the electors and "promote the public interests;" and WHEREAS, all of the voting precincts in the Township (with no less than 2,422, registered electors each) have far surpassed the recommended maximum number of 1,200 registered electors per precinct. NOW, THEREFORE, be it Fourth Precinct. RESOLVED, that we, the undersigned registered electors of Upper Allen Township's Second Precinct voting district do hereby join with our Township Commissioners in petitioning the Cumberland County Board of Elections and the Court of Common Pleas to create new voting precincts to serve voters from all present voting precincts of the Township to reduce overcrowding at each voting precinct, including the Si Address of Elector 1 F ?/S8v,2N ?'D, ?ar?iHA?rfli9? E, P•.4. Y?6 Voting Precinct (Fourth) 41A . 4 -f-.?, .2103 Damek1fiew 424 Afk ckc, c7US ,Cv e -7 -:4 Continued on Page 2 r ° Address of Elector -)--H03 Dirv? e vj`Dr . 7 ?-c Voting Precinct (Fourth)] F", 44--4 /un ? C, r y 7A? 44A- 41,1 y? - y 51-'14,&rO ° C`/v,-Le ?c R Y UPPER ALLEN TOWNSHIP RESOLUTION NO._jYj WHEREAS, the Board of Commissioners of the Township of Upper Allen, Cumberland County, Pennsylvania (hereinafter referred to as the "Board"), is the governing body in the Township of Upper Allen, a first class township municipality, situate in Cumberland County, Pennsylvania (hereinafter referred to as the "Township"),- and WHEREAS, the Township presently has four (4) voting districts or, precincts located within-its geographical boundaries, as reflected on Exhibit "A" attached hereto, with the number of r_e?istenE d electors_..noted - in-each- voting--pre-Gi-ct;-a-nd- WHEREAS, the Board has received complaints from registered electors in all four (4) existing voting precincts of the Township as to delays encountered when voting in the primary and general elections because of the large numbers of registered electors being served in the said precincts, and WHEREAS, Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, authorizes no less than twenty (20) registered electors of an election district to petition the Cumberland County Court of Common Pleas ("Court") praying for the formation of new election districts. NOW, THEREFORE, be it RESOLVED, that the Board hereby: Accepts the Petitions, containing the signatures of registered electors, (See series of Petitions, marked as Exhibits "B-1" through "B-4" inclusive, attached hereto) that were circulated on and after 5 December 2007, seeking the creation of new voting districts by re-dividing all four (4) present voting precincts of the Township, and creating nine (9) new voting precincts,- and Exhibit C 2. Requests the Court of Common Pleas of Cumberland County to accept this Resolution No. /F , dated 19 December 2007, and the attached Petition and refer the Resolution to the County Board of Elections for its proper consideration; and 3. Authorizes Richard S. Laskey, Acting Township Manager, and William E. Miller, Jr., Esquire, Township Solicitor, to to-ke all necessary and appropriate actions to enclose this Resolution with the Petition to be prepared and filed with the Court of Common Pleas of Cumberland County, Pennsylvania. . RESOLVED, this 19th day of December, 2007. A Richard S. Las Acting Secreta UPPER ALLEN TOWNSHIP By. _ - ames G. Cochran, President Board of Commissioners ? Q bjO ? r y_: .. ! M I 3 i G WOO- TA _a XAV E, _ C' r _ } % r M +` C a - 1 y r Z t r?r H C) co) _ :LLB ?f C..Tt LAW OFFICES OF MILLER & ASSOCIATES, PC William E. Miller, Jr. 1822 MARKET STREET • CAMP HILL, PA 17011 Alicia S. Miller TEL: (717) 737-9210 • FAX: (717) 737-9215 27 May 2008 Curtis R. Long, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Amended and Restate in Its Entirety Petition for Establishment of New Voting Districts in Upper Allen Township In the Court of Common Pleas of Cumberland County No. 2007-7707 Civil Dear Mr. Long: Of Counsel: Michael L. Bangs We represent Upper Allen Township and the undersigned acts as Township Solicitor. Enclosed herewith for filing is the original of an Amended and Restated in Its Entirety Petition directed to the Court of Common Pleas for the establishment of new voting districts in Upper Allen Township. Also enclosed are several complete copies of each amended and restated Petition which we request that you time stamp with the applicable docket number. I am providing copies of the enclosed amended and restated Petition, along with a copy of this cover letter, for Penny D. Brown, Director of the Cumberland County Bureau of Elections, and Edward L. Schorpp, Esquire, Cumberland County Solicitor. Please forward the copies for Ms. Brown and Mr. Schorpp using the enclosed addressed envelopes and send them via the internal Cumberland County mai! system. Finally, we are hand delivering the enclosed Petition for filing. Very truly yours; MILLER & ASSOCIATES, PC By: "r? William E. Miller, Jr. % WEM/mlj Enclosures cc: Penny D. Edward L Brown, Director Schorrp, Esquire Victor P. Stabile, Esquire James G. Cochran, President All Commissioners Robert O. Livingston, Acting Township Manager MAY $ 8 2008 IN RE: PETITION FOR NEW VOTING DISTRICTS IN UPPER ALLEN TOWNSHIP : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 2007-7707 Civil ORDER AND NOW, this 3441-day of , 2008, upon consideration of a Petition for the Establishment of New Voting Districts in the Township of Upper Allen filed pursuant to Section 503 of the Pennsylvania Election Code, 25 P.S. § 2703, and the Cumberland County Board of Elections having filed its report and recommendations in the above matter, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, pursuant to Section 503 of the Pennsylvania Election Code, 25 P.S. 2703, et seq., that: a) a hearing on the within Petition shall be held at 1' O o'clockpm., on the ?* day of , 2008, in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. b) the County Board of Elections shall, no less than ten (10) days prior to the date of the said hearing, post in at least five (5) public and conspicuous locations in each of the present four (4) voting districts of Upper Allen Township, one of which shall be posted outside of each of the present four (4) polling places in Upper Allen Township, notice of the proposed action recommended by the Board of Elections, the numbers of registered voters in each of the proposed election districts from the November 2007 general election, the 2 date upon which this matter will be considered by this Court, and a warning that any person ?ti objecting to the recommendations of the Board of Elections must file objections with the Court's Prothonotary five (5) days prior to the aforesaid hearing date. J. cc: William E. Miller, Jr., Esquire Upper Allen Township Solicitor Edward L. Schorpp, Esquire Solicitor for the County Board of Elections Carl es m.?k t? G ! ? l '.Xti S, 4? 1 1 ?` ii iy?a 't??4 \ ?` 6t?`1 i??i {k?+ ? Y ? ? ?? ?? 5 ? ???? ?;? ?? :?? Li;;?, ;? ? i!3 ti+?-- IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN : CUMBERLAND COUNTY, PENNSYLVANIA UPPER ALLEN TOWNSHIP CIVIL DIVISION NO. 2007-7707 CIVIL ORDER OF COURT AND NOW, this o)& day of July, 2008, upon consideration of the within Amended Petition and the revised map and district boundary descriptions presented at the hearing thereon, it appearing that all procedural and substantive requirements imposed by law have been met and that the public interest will be promoted, the election district realignment set forth in the revised map and district boundary descriptions is accepted by the Court. It is ordered and decreed that hereafter, the election districts of Upper Allen Township shall be drawn and constituted as set forth in the revised map and district boundary descriptions attached hereto. The Cumberland County Board of Elections is directed to provide notice of such realignment to the registered electors of Upper Allen Township as required by law. Further, the Board is directed to recommend electors for appointment to the district election boards to the Court for its consideration in sufficient time for service during the 2008 General Election and thereafter until elected according to law. Edward E. Guido, J. William E. Miller, Jr. Esquire, for Petitioners } Edward L. Schorpp, Esquire, for Board of Elections-, Cumberland County Board of Elections Janet Walter, County Paralegal b ? sus - Zy -oe 9 l .q ? sz Inc w a. ' E lid W 5 Asti age L A O 0 IV O O V CT 1 3 W 1 Fit 0000101011910 r ?O 00 J O? In A W N () Jww ZOwoo oeOJ? ?• O 1C t wo J?-+NO O N Oe CT A A M? ?ror Boundary Descriptions Upper Allen 10 Voting Precincts Upper Allen 1 - Beginning at the Monroe Township boundary on Stumpstown Road; then southeasterly along Stumpstown Road to its intersection with West Lisburn Road; then easterly along West Lisburn Road to its intersection with US Route 15; then southwesterly along US Route 15 to the York County boundary; then westerly along the York County boundary to the Monroe Township boundary; then northerly along the Monroe Township boundary to Stumpstown Road. Upper Allen 2 - Beginning at the intersection of the extension of Grantham Road with US Route 15; then easterly along the extension of Grantham Road and easterly and northerly along Grantham Road to its intersection with West Lisburn Road; then easterly along West Lisburn Road and East Lisburn Road to the Lower Allen Township boundary; then southerly along the Lower Allen Township boundary to the York County boundary; then westerly along the York County boundary to US Route 15; then northerly along US Route 15 to the extension of Grantham Road. Upper Allen 3 - Beginning at the Monroe Township boundary on Fisher Road; then southeasterly along Fisher Road to its intersection with Southview Drive; then northeasterly along Southview Drive to its intersection with South Meadow Drive; then southeasterly along South Meadow Drive to its intersection with West Meadow Drive; then northeasterly along West Meadow Drive to its intersection with Summerfield Drive; then southeasterly along Summerfield Drive to its intersection with East Meadow Drive; then northeasterly along East Meadow Drive to its intersection with South York Street; then southerly along South York Street to its intersection with the Gettysburg Pike; then northeasterly along the Gettysburg Pike to its intersection with South Market Street; then southerly along South Market Street to its intersection with US Route 15; then southwesterly along US Route 15 to its intersection with West Lisburn Road; then westerly along West Lisburn Road to its intersection with Stumpstown Road; then northwesterly along Stumpstown Road to the Monroe Township boundary; then northerly along the Monroe Township boundary to Fisher Road. Upper Allen 4 - Beginning at the intersection of US Route 15 and South Market Street; then southerly along South Market Street to its intersection with West Lisburn Road; then westerly along West Lisburn Road to its intersection with Grantham Road; then southerly and westerly along Grantham Road and its extension to the intersection of US Route 15; then northeasterly along US Route 15 to its intersection with South Market Street. Upper Allen 5 - Beginning at the intersection of Kim Acres Drive and South Market Street; then easterly along Kim Acres Drive to its intersection with Mt. Allen Drive; then northerly along Mt. Allen Drive to its intersection with Hertzler Road; then easterly along Hertzler Road to the Lurgan Branch Railroad; then northeasterly along the Lurgan Branch Railroad to the Lower Allen Township boundary; then southerly along the Lower Allen Township boundary to East Lisburn Road; then westerly along East Lisburn Road to its intersection with South Market Street; then northerly along South Market Street to its intersection with Kim Acres Drive. Upper Allen 6 - Beginning at the Monroe Township boundary at Interstate 76; then easterly along Interstate 76 to US Route 15; then southwesterly along US Route 15 to its intersection with South Market Street; then northerly along South Market Street to its intersection with the Gettysburg Pike; then southerly along the Gettysburg Pike to its intersection with South York Street; then northerly along South York Street to its intersection with East Meadow Drive; then southerly along East Meadow Drive to its intersection with Summerfield Dr; then northwesterly along Summerfield Drive to its intersection with West Meadow Drive; then southerly along West Meadow Drive to its intersection with South Meadow Drive; then westerly along South Meadow Drive to its intersection with Southview Drive; then southerly along Southview Drive to its intersection with Fisher Road; then northwesterly along Fisher Road to the Monroe Township boundary; then northerly along the Monroe Township boundary to Interstate 76. Upper Allen 7 - Beginning at the intersection US Route 15 and South Market Street; then northeasterly along US Route 15 to its intersection with Mt. Allen Drive; then southerly along Mt. Allen Drive to its intersection with Kim Acres Drive; then westerly along Kim Acres Drive to its intersection with South Market Street; then northerly along South Market Street to its intersection with US Route 15. Upper Allen S - Beginning at the intersection of Mt. Allen Drive and US Route 15; then northeasterly along US Route 15 to the Lower Allen Township boundary; then southerly along the Lower Allen Township boundary to the Lurgan Branch Railroad; then southerly along the Lurgan Branch Railroad to Hertzler Road; then westerly along Hertzler Road to its intersection with Mt. Allen Drive; then northerly along Mt. Allen Drive to its intersection with US Route 15. Upper Allen 9 - Beginning at the boundary of Mechanicsburg Borough, Monroe Township and Upper Allen Township; then along the Mechanicsburg Borough boundary by its various bearings to where it would intersect with the extension of Peace Drive and Allendale Road; then southerly along Allendale Road to its intersection with Independence Avenue; then easterly along Independence Avenue to its intersection with Gettysburg Road; then northeasterly along Gettysburg Road to the Lower Allen Township boundary; then southerly along the Lower Allen Township boundary to US Route 15; then southwesterly along US Route 15 to Interstate 76; then westerly along Interstate 76 to the Monroe Township boundary; then northerly and easterly along the Monroe Township boundary to the common boundary of Mechanicsburg Borough, Monroe Township and Upper Allen Township. Upper Allen 10 - Beginning at the intersection of Independence Avenue with Allendale Road; then northerly along Allendale Road to where it would intersect with the extension of Peace Drive and the Mechanicsburg Borough boundary; then easterly along the Mechanicsburg Borough boundary to the Lower Allen Township boundary; then southerly along the Lower Allen Township boundary to Gettysburg Road; then southwesterly along Gettysburg Road to its intersection with Independence Avenue; then westerly along Independence Avenue to its intersection with Allendale Road. IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN : CUMBERLAND COUNTY, PENNSYLVANIA UPPER ALLEN TOWNSHIP CIVIL DIVISION NO. 2007-7707 CIVIL PETITION FOR APPOINTMENTS TO FILL VACANCIES ON ELECTION BOARDS IN UPPER ALLEN TOWNSHIP AND NOW, comes the Petitioner, Cumberland County Board of Elections, by and through its Solicitor, Edward L. Schorpp, Esquire, and hereby recommends electors for appointment to vacant positions of the district election boards in Upper Allen Township and avers the following: On December 26, 2007, a Petition for Establishment of New Voting Districts In Upper Allen Township was filed pursuant to sections 2702 and 2703 of the Pennsylvania Election Code, 25 P.S. § 2702 and § 2703, et seq. 2. An Order was entered on December 27, 2007, directing the Cumberland County Board of Elections to investigate the facts contained in the Petition and to report to this Honorable Court as to its findings and recommendations pertaining to the Petition for new voting districts in Upper Allen Township. 3. The Report of the Board of Elections as to its findings and recommendations pertaining to the Petition was filed in the office of the Prothonotary on January 30, 2008. 4. The Report recommended the acceptance of the proposed new voting districts in Upper Allen Township, as set forth in the Petition, based on the fact that the proposed boundaries do conform to the census block lines from the most recently completed Federal decennial census as required by sections 2702 and 2703 of the Election Code, 25 P.S. §2702 and § 2703. 6. A hearing on the Petition to Establish New Voting Districts in Upper Allen Township was held on Friday, February 15, 2008. 7. It appearing to the court that six of the nine proposed election districts contained more than 1,200 registered electors, and it further appearing that Section 502 of the Election Code (25 P.S. § 2792) provides that such proposed district shall not contain more than 1,200 registered electors "except for good cause shown", an evidentiary haring on the issue of good cause was scheduled for Wednesday, March 5, 2008. 8. Upon concurrence of the parties an Order was issued on March 3, 2008, continuing the matter generally. 9. An Amended and Restated in Its Entirety Petition for Establishment of New Voting Districts in Upper Allen Township was filed on May 27, 2008. 10. A hearing on the Amended and Restated Petition was held on Wednesday, July 24, 2008. 11. An Order was entered on July 24, 2008, approving the election district realignment set forth in the revised Petition, thereby constituting 10 new voting districts for Upper Allen Township. 12. Said Order further directed the Board of Election to recommend electors for appointment to the district election boards to the Court for it consideration in sufficient time for service during the 2008 General Election and thereafter until elected according to law. 13. The Board of Elections is recommending the attached list of electors from the various voting districts for Upper Allen Township be considered by the Court for appointment to the offices of Judge of Elections, Majority Inspector and Minority Inspector for the various voting districts, as listed for Upper Allen Township, until elected according to law. WHEREFORE, the Petitioner, Cumberland County Board of Elections, by and through its Solicitor, Edward L. Schorpp, Esquire, respectfully pray that this Honorable Court appoint the listed electors to the offices of Judge of Elections, Majority Inspector and Minority Inspector for the various voting districts for Upper Allen Township. DATED: '672008 Respectfully submitted, Edward L. Scfiorpp, County Solicitor Solicitor's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 BOARD APPOINTMENTS TO THE NEWLY CREATED UPPER ALLEN TOWNSHIP VOTING DISTRICTS Catherine A Cavanaugh Minority Inspector Upper Allen 1 2491 Cope Dr Mechanicsburg Pa 17055 Andrew W Barbin Judge Upper Allen 1 10 Shoff Ct Mechanicsburg Pa 17055 Wayne C McFadden Majority Inspector Upper Allen 4 2505 Mill Rd Mechanicsburg Pa 17055 Susan A McFadden Minority Inspector Upper Allen 4 2505 Mill Rd Mechanicsburg Pa 17055 Henderson Miller Judge Upper Allen 6 10 W ineberry Dr Mechanicsburg Pa 17055 Kay F. Derk Majority Inspector Upper Allen 5 99 Broadwell Lane Mechanicsburg Pa 17055 Mary M Persak (Michelle) Minority Inspector Upper Allen 6 13 Dewberry Ct Mechanicsburg Pa 17055 Dale R Bicksler Minority Inspector Upper Allen 7 127 Holly Dr Mechanicsburg Pa 17055 Ronald W Blough Judge Upper Allen 10 546 Brighton PI Mechanicsburg Pa 17055 Darlene Wolfe Majority Inspector Upper Allen 10 558 Brighton PI Mechanicsburg Pa 17055 William J Reith Judge Upper Allen 3 914 Lancelot Ave Mechanicsburg Pa 17055 Cheryl Barber Minority Inspector Upper Allen 3 1783 Autumnwood Dr Mechanicsburg Pa 17055 Lisa H Foer Majority Inspector Upper Allen 3 1787 S Meadow Dr Mechanicsburg Pa 17055 Emily Jane Dull Majority Inspector Upper Allen 6 4 Dewberry Ct Mechanicsburg Pa 17055 William A Replogle Judge Upper Allen 2 2730 High St-PO BOX 121 Grantham Pa 17027 Ronald R Shuey Judge Upper Allen 7 314 Berkshire Rd Mechanicsburg Pa 17055 Gail J Levan Minority Inspector Upper Allen 10 535 Brighton PI Mechanicsburg Pa 17055 Harold E Amos Majority Inspector Upper Allen 9 13 Hemlock Dr Mechanicsburg Pa 17055 STATE OF PENNSYLVANIA COUNTY OF CUMBELAND Before me, the undersigned officer, personally appeared Gary L. Eichelberger, Chairman of the Board of Election, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and and belief. Sworn and Subscribed to Before me this 18tay of Sepko boX , 2008 -tQeiva'4 a, Notary EM NOMFOLSM ?rrz WT*W vista ME aIM?LMD COUKff. PIA w E MAY M OM ttion, m ? ,' Y 7i.p' » ?? 4 11 • r y SEP 18 2008 61 IN RE: PETITION FOR NEW : IN THE COURT OF COMMON PLEAS OF VOTING DISTRICTS IN : CUMBERLAND COUNTY, PENNSYLVANIA UPPER ALLEN TOWNSHIP CIVIL DIVISION NO. 2007-7707 CIVIL ORDER AND NOW, this I day of September, 2008, upon consideration of the within Petition, each of the following electors is appointed to the respective positions in the election district as indicated to serve durin g the 2008 General E lection and thereafter until each, or his or her successor, is duly elected or appointed according to law: Catherine A Cavanaugh Minority Inspector Upper Allen 1 2491 Cope Dr Mechanicsburg Pa 17055 Andrew W Barbin Judge Upper Allen 1 10 Shoff Ct Mechanicsburg Pa 17055 Wayne C McFadden Majority Inspector Upper Allen 4 2505 Mill Rd Mechanicsburg Pa 17055 Susan A McFadden Minority Inspector Upper Alien 4 2505 Mill Rd Mechanicsburg Pa 17055 Henderson Miller Judge Upper Allen 6 10 Wineberry Dr Mechanicsburg Pa 17055 Kay F. Derk Majority Inspector Upper Allen 5 99 Broadwell Lane Mechanicsburg Pa 17055 Mary M Persak (Michelle) Minority Inspector Upper Allen 6 13 Dewberry Ct Mechanicsburg Pa 17055 Dale R Bicksler Minority Inspector Upper Allen 7 127 Holly Dr Mechanicsburg Pa 17055 Ronald W Blough Judge Upper Allen 10 546 Brighton PI Mechanicsburg Pa 17055 Darlene Wolfe Majority Inspector 558 Brighton PI Mechanicsburg Pa 17055 William J Reith Judge 914 Lancelot Ave Mechanicsburg Pa 17055 Cheryl Barber Minority Inspector 1783 Autumnwood Dr Mechanicsburg Pa 17055 Lisa H Foer Majority Inspector 1787 S Meadow Dr Mechanicsburg Pa 17055 Emily Jane Dull Majority Inspector 4 Dewberry Ct Mechanicsburg Pa 17055 William A Replogle Judge 2730 High St-PO BOX 121 Grantham Pa 17027 Ronald R Shuey Judge 314 Berkshire Rd Mechanicsburg Pa 17055 Gail J Levan Minority Inspector 535 Brighton Pl Mechanicsburg Pa 17055 Harold E Amos Majority Inspector 13 Hemlock Dr Mechanicsburg Pa 17055 Upper Allen 10 Upper Allen 3 Upper Allen 3 Upper Allen 3 Upper Allen 6 Upper Allen 2 Upper Allen 7 Upper Allen 10 Edward E. 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