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HomeMy WebLinkAbout04-0790IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY In Re: Nomination Petitions of Nancy Hoang and David Hoang for Committeewoman and Committeeman Shippensburg Borough West Ward, Cumberland County, Pennsylvania Petitioners: Robert S. Rose and Janet H. Rose Petition to Set Aside Nomination Petitions NOW COMES, Robert S. Rose and Janet H. Rose, Petitioners herein and respectfully set forth the following: 1. Robert S. Rose is a suljuris adult residing in the West Ward, Borough of Shippensburg, Cumberland County, Pennsylvania.. 2. Janet H. Rose is a sni juris adult residing in the West Ward, Borough of Shippensburg, Cumberland County, Pennsylvania.. 3. Nancy Hoang filed Nomination Petitions for Republican Committeewoman for the West Ward, Borough of Shippensburg, Cumberland County, Pennsylvania. Said Nomination Petitions having been filed at the County Board of Elections. A copy of said Nomination Petitions are attached hereto as Exhibit No. 1 and incorporated herein. 4. David Hoang filed Nomination Petitions for Republican Committeeman for the West Ward, Borough of Shippensburg, Cumberland County, Pennsylvania. Said Nomination Petitions having been filed at the County Board of Elections. A copy of said Nomination Petitions are attached hereto as Exhibit No. 2 and incorporated herein. 5. The following objections are made to the Nomination Petitions filed by Nancy Hoang: (a) The following petition signers are not registered Republicans in the political subdivision of Shippensburg Borough West Ward and are thereby unable to effectively sign the said Nomination Petition pursuant to Title 25 P.S. § 2937: David Snell, signer number 2 Melissa Clark, signer number 4 R.A. Ban', signer number 5 Jason Craig, signer number 6 Mike Oxbig, signer number 7 Kenneth Coder, signer number 8 Matthew Krupp, signer number 9 Keith Faulkner, signer number 12 Chris Haler, signer number 14 Van Nguyen, signer number 15 The following petition signers have unreadable signatures or printed names and the addresses indicated do not appear as an address of record for any registered Republican in the political subdivision of Shippensburg Borough West Ward, thereby not being a valid signature pursuant to Title 25 P.S. § 2937: Signer number 10, address of 117 Burd St. Shippensburg Signer number 11, address of 107 Burd St. Shippensburg Signer number 13, address of 52 College St. Shippensburg (c) The following petition signer appears on the County Board of Elections as a registered Republican but it is believed and therefore averred by Petitioner herein that said signer is in fact no longer residing within the political subdivision of Shippensburg Borough West Ward and are thereby unable to effectively sign the said Nomination Petition pursuant to Title 25 P.S. § 2937: David Hoang, signer number 1 (d) Nancy Hoang, the candidate's name who appears on the Nomination Petition, does appear on the County Board of Elections as a registered Republican but it is believed and therefore averred by Petitioner herein that said candidate is in fact no longer residing within the political subdivision of Shippensburg Borough West Ward and is thereby not qualified to be nominated as a candidate within said political subdivision pursuant to Title 25 P.S. § 2937. 6. The following objections are made to the Nomination Petitions filed by David Hoang: (a) The following petition signers are not registered Republicans in the political subdivision of Shippensburg Borough West Ward and are thereby unable to effectively sign the said Nomination Petition pursuant to Title 25 P.S. § 2937: David Snell, signer number 1 Melissa Clark, signer number 4 R.A. Bart, signer number 5 Jason Craig, signer number 6 Mike Oxbig, signer number 7 Kenneth Coder, signer number 8 Matthew Krupp, signer number 9 Keith Faulkner, signer number 12 Chris Hafer, signer number 14 Van Nguyen, signer number 15 (b) The following petition signers have unreadable signatures or printed names and the addresses indicated do not appear as an address of record for any registered Republican in the political subdivision of Shippansburg Borough West Ward, thereby not being a valid signature pursuant to Title 25 P.S. § 2937: Signer number 10, address of 117 Burd St. Shippensburg Signer number 11, address of 107 Burd St. Shippensburg Signer number 13, address of 52 College St. Shippansburg (c) The following petition signer appears on the County Board of Elections as a registered Republican but it is believed and therefore averred by Petitioner herein that said signer is in fact no longer residing within the political subdivision of Shippensburg Borough West Ward and are thereby unable to effectively sign the said Nomination Petition pursuant to Title 25 P.S. § 2937: Nancy Hoang, signer number 2 (d) David Hoang, the candidate's name who appears on the Nomination Petition, does appear on the County Board of Elections as a registered Republican but it is believed and therefore averred by Petitioner herein that said candidate is in fact no longer residing within the political subdivision of Shippensburg Borough West Ward and is thereby not qualified to be nominated as a candidate within said political subdivision pursuant to Title 25 P.S. § 2937. 7. Both Nancy Hoang's and David Hoang's Nomination Petitions contain only a single valid signature from a duly registered Republican in the political subdivision of Shippensburg Borough West Ward. 8. Attached hereto and incorporated herein as Exhibit No. 3 is a signed letter from Petitioners herein setting forth in letter format the above identified objections. WHEREFORE, the within Petitioners, Robert S. Rose and Janet H. Rose respectfully pray that this Honorable Court set aside the Nomination Petitions of David Hoang and Nancy Hoang respectively. It is further prayed that the costs of these proceedings be paid by David Hoang and Nancy Hoang. Respectfully Submitted, ID No. 82548 P.O. Box 430 Chambersburg, PA 17201 Phone (717) 262-0025 CERTIFICATE OF SERVICE I, Chris Sheffield, Esq., hereby certify that the within Petition to Set Aside Nomination Petitions was served upon the Cumberland County Board of Elections by hand delivering a true and correct copy of said Petition to the office of said Board on this 24t~ day February, 2004. PETITION - 10 NAMES - GENERAL 1/04 W~LLIAM PENN PRINTING COMPANY. PITTSBURGH, PA. COMMONWEALTHpETiTioNOF PENNSYLVANIA~~)///~W TO have name of Candidate Printed upon the Official Ballot or Voting Machine Ballot Label for the Primary Election We, the undersigned,.all~.~..-, n ~ ~.~'~, . .._ t~^ .,~.°f whom are qualified electors of F_._ 6/ff~ ~/? (_/~/!/,/) County and enrolled members of the ~'~P/X/~/-JC",~/t/ Party or Policy. hereby petition the County Board of Elections of ~L/'/~ ~/-~A/~,). ~---.~. County to have the name of whose Profession, Business or Occupation is ~'-~"g. '~Xdr/v/, Place of ' pdnted upon ~e ~cial baIDt or V~ng Machine Ballot ~Del of the Afo~aid Pa~ in ~e said Distri~, for ~e General Pdma~ for the y~r 20 ~ , SIGNERS ARE CAUTIONED TO AVOID THE USE OF DITTO MARKS pLACE OF RESIDENCE DATF OF SIGNATURE OF ELECTOR PRINTED NAME OF ELECTOR House No. Street or ROad City, Borough or Township SIGNING AFFIDAVIT OF CIRCULATOR COMMONWEALTH OF PENNSYLVANIA ~ SS: COUNTY OF Before me, the undersigned autho~y in and for said State and County, personally appoa~'ed the undersigned, who, being duly sworn according to law, did depose end say that he Or she is a quelilled eleofor duly registered a~ld er]rolled as a member of the political party and of the political distdof referred to in this petition; that his or her residenCe is as set forth below; that the signers to the foregoing petition signed the same with full knowledge of the contents thereof; that their respective residences are correctly stated therein; that they ali reside in the said political district; that each signed on the date set opposite his or her name; and that, to the best of daponent's I(nowledge and belief, the signem are qualified, registered (PRIN3~D NAME CIRCULATOR) CANDIDATE'S AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA '~ SS: COUN OF Before me, the undemigned authority in and for said State and County, personally appeared the undemigned, who being duly swom according to law, did depose and say that his or her residence is as set forth below; that he or she is a qualified elector duly registered and enrolled as a member of the political party and of the political district referred to in this petiti~at the name of the/o~3e for which be or she consents to be a candidate is and limiting nomination and election expenses, and prohibiting corrup~pra~ti~.~i~co~ec~,th~.e~ih, - Sworn to and subscribed be~elre ms this J0-- dayof ,~..rT~ ,.20CJ~' .,~'~_~ My commission expires U.~ (cr~ ao~ou~/~. TO~,,) Election District of Candidate ~ ~ ~ ~ ~ Ward ~ ?? c'~ Distri~ PETITION - 1'0 NAMES - GENERAL 1/04 WILLIAM PENN PRINTING COMPANY, PI3TSBURGH, PA. COMMONWEALTH OF PENNSYLVANIA PETITION To have name of Candidate Printed upon the Official Ballot or Voting Machine Ballot Label for the Primary Election We, the undersigned, ali of whom are qualified electom of ~{~/JY"}/:).~'A (..~/t/~l~.) County and _ '-Q ~ ~.' ~ ,................. C~ ~ ~ ~ ) ~ ~_~ c~-~ and are registered and (E~CTO~ DISTRI~ IN WHICH THE NOMt~ON 0R ~E~I~ enrolred membem of the ~Pc/~ ~'~ Pa~y or Policy, hereby petition the Coun~ Board of Elations of ~/~ ~ ~A/~ C~. Coun~ to have the name of ~ ~ ~. pRI~ OR WR~ ~INLY ~E A~ ~ ~ YOU ~H ff ~ ~ ON ~E OFR~ ~ ~ V~ ~INE ~OT ~L) whose Profession, Busine~ or Occupation is ~ ~ ~//~( ~C ~/~, Place of (WITH STR~NUMBER (WHERE ~SI~E} AND ZIp CODE) printed upon the ~ci~ ballot or Voting Machine Ballot ~el of the Afore~id Pa~ in the said DistH~, for the General Prima~ for the year 20 0 ~ , as a mndidate for the ~ce of ~//' 7-~ ~// - SIGNERS ARE CAUTIONED TO AVOID THE USE OF DITTO MARKS P~CE OF RESIDENCE SIGNATURE OF ELECTOR PRINTED NAME OF ELECTOR DATE OF Ho~Jse No, Street or Road City, Borough or ToWnShip SIGNtNG AFFIDAVIT OF CIRCULATOR COMMONWEALTH OF PENNSYLVANIA '1, SS: COUNTY OF Before me, the unc~e~signed authoriiy in and for said State and County, personally appeared the undemigned, who, being duly sworn according t~ law, did depose and say t~at he or she Is a qualh3be elector duly registered and enrolled as a member of the political party and of the political dlstdct referred to in this petibett; thet his or her residence is as set forth ~)elow; that the signers 1o the foregofng petition s~gnecl the same w~th full knowledge of the contents thereof; that their respective residences are con'ecfiy stated therein; that they all reside in the said poflfical district; that each signed on the date set opposite his or her name; and that, to the best of beponent's knowledge and belief, the signem are qualified, registered and onr~lted electors of the designated paUy of the aforesaid pOlitical dlsttict. Sw0m to ~;subsctibed b~re me My Commissi?n exl~i~s -"~ --~-~ ' ~ ~-- CANDIDATE'S AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ~ SS: COUNTY OF ~.~.,v')~J~/~'~'3~::~' Before me, the undersigned authority in and for said State and County. personally appeared the undemigned, who being duly sworn according to law, did depose and say that his or her residence is as set forth below; that he or she is a qualified elector duly ~egistered and enrolled as a member of the political party and of the political district referred to in this petition; th/.~e~/~ //~name of the office fo._ch he or s ~he.~. ntent~e ~candidate is that he or she is eligible for said office; that he or she will not knowingly violate any election law, or any law regulating and limiting nomination and election expenses, and prohibiting corrupt praclices in coJ3~ection therewith. Sworn tO a~subscribed b,~re me ~/~Z~" ~ /~ ~ this~ dayo, ~ ,20~Y ,- ,' ~r~ 22. My commission expires ~*J (~, ~R~GH~sHI~ . Election Distri~ of Candidate ~ ~' ~ Ward , ~ Dlstri~ 80 West King Street Sbippensburg, PA 17257 February 23, 2004 To Whom It May Concern: The undersigned challenge the petitions of Nancy and David Hoang for the offices of Republican Committee Persons for the Shippensburg West Ward (district.) Upon review, the petition does not reflect the minimum number of 10 qualified republican voters in the district. Electors are non registered, do not live in the district, have unreadable signatures and printed names and no one is registered at the address indicated or are Non Partisan. The following names are keyed to the petition of David Hoang, the same individual names are also reflected on the petition of Nancy Hoang. 1. David Snell -Registered in Franklin County 2. Candidate - Does not reside in the district 3. Margaret Freeman- OK - Registered 4. Melissa Clark- Registered- Non Partisan 5. R.A. Barr- Not registered 6. Jason Craig- Registered in Franklin County 7. Mike Oxbig - Not registered 8. Kenneth Coder - registered in Franklin County 9. Matthew Krupp- Not registered-Shippensbnrg Twp address 10. Unreadable signature - No one registered at the address 11. Unreadable signature - No one registered at the address 12. Keith Faulkner- Shippensburg Twp address 13. Unreadable signature - No one registered at the address 14. Chris Haler - Not registered 15. Van Nguyen - registered Non Partisan Thank you for consideration of this matter. Sincerely, Robert S. (Bob) Rose T~anet H. (Jan) Rose IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY In Re: Nomination Petitions of Nancy Hoang and David Hoang for Committeewoman and Committeeman Shippensburg Borough West Ward, Cumberland County, Pennsylvania Petitioners: Robert S. Rose and Janet H. Rose Order of Court NOW THIS ~ 4 ~day of Febrnary, 2004, upon presentation of the within Petition to Set Aside Nomination Petitions, pursuant to Title 25 P.S. § 2937, a hearing on the objections contained in said Petition shall be held on the ~& t~ day of February, 2004, at the following location: , Nancy Hoang and David Hoang, the candidates named in the Nomination Petitions sought to be set aside, shall be served notice of the above scheduled hearing in the time and manner as follows: