HomeMy WebLinkAbout01-3516
RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 4
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3516
ORDER
And now this vt; day of June, 2001, upon consideration of the above captioned petition
and the objections filed by the Cumberland County Board of Elections it is ordered and decreed
that:
(a) The Petitioner shall deposit $50.00 cash, or a $100.00 bond pursuant to 25 P.S. 3261,
within three (3) days of service personally or by registered mail, or the Petitioner's Petition shall
be denied.
(b) If Petitioner does deposit $50.00 cash, or security pursuant to (a) above, then the
Board of Elections staff shall conduct a recanvassing of the vote after service personally or by
registered mail of the time and place of the recount to the office of Lower Allen Township
Commissioner and the office of School Board. (See 25 P.S. 3261(c))
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 4
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3516
COUNTY OF CUMBERLAND BOARD OF ELECTIONS OBJECTIONS
TO PETITION FOR RECANV ASS OF VOTES
And now come, the Cumberland County Board of Elections through its Solicitor, Stephen
D. Tiley and states the following:
1. Petitioners filed Petition for recanvass under the Election Code, 25 P.S. 3261.
2. Section 170 1 (b) of the Election Code, 25 P .S. 3261, requires that a petitioner
deposit $50.00 cash, or $100.00 bond, for each ballot box desired to be opened.
3. Petitioners in this case has failed to deposit said cash or post said bond.
4. The Board of Elections must certify the results of this election to the State as soon
as possible.
WHEREFORE, the Cumberland County Board of Elections prays that your Honorable
Court enter an Order:
(a) Directing that the Petitioner deposit $50.00 cash, or a $100.00 bond pursuant to 25
P.S. 3261, within three (3) days of service personally or by registered mail, or the Petitioner's
Petition shall be denied.
(b) Directing that if Petitioner does deposit $50.00 cash, or security pursuant to (a)
above, then the Board of Elections staff shall conduct a recanvassing of the vote after service
personally or by registered mail ofthe time and place of the recount for the office of Township
Commissioner and office of School Board. (See 25 P.S. 3261(c))
Respectfully submitted,
~ AJ~ 7~
Stephen D. Tiley, Esquire
Assistant Solicitor
Date: ~
~ 02tPotP(
,
VERIFICA TION
I, John S. Ward, being duly sworn according to law, deposes and states that he is the
Chief Clerk of Cumberland County, Pennsylvania; that it is his information and belief that the
facts set forth in County of Cumberland Board of Elections Objections to Petition for Recanvass
of Votes attached hereto are true and correct to the best of his knowledge, information and belief.
This Verification is made subject to penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities. /
I
/
//
Date: ro - K - 01
or,
RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 4 CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CuMBERLAND COUNTY
TERM, 2001
NO. A-' A
O/-3s/~ ~
TO THE HONORABLE JUDGES OF THE SAID COURT:
The Petition of the undersigned respectfully represents as follows:
1. The Petitioners are citizens and qualified electors of Lower Allen Township, 4th
Precinct, of Cumberland County, Pennsylvania.
2. A general election was held therein on May 15,2001 (the ''Primary Election") for the
Office of Township Commissioner of Lower Allen Township.
3. A general election was held therein on May 15,2001 (the ''Primary Election") for
School Board Director, Region 2, of West Shore School District.
4. Upon information and belief which they may consider reliable, Petitioners aver that
Error was committed in the canvassing of the votes cast on the ballot in said Election
District.
5 . Your Petitioners believe that the return of votes of said Election District is a false
return and untrue.
6. This petition for a recanvass of the votes in the Election District is being filed
Pursuant to 25 P.S. 3261.
WHEREFORE, Petitioners pray that your Honorable Court enter an Order directing
The recanvassing of the vote by a hand count in the said Election District, appointing
a time and place for the proposed recanvass of the votes in the Election District, that
notice of the time and place of the proposed recanvass be given by registered mail to
each candidate whose name appears on the ballot for the offices of Region 2 West
Shore School Board Director and Lower Al~~!ownsh~ner. _
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DATE wflPlcL ' 9fuz itu1lflil
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VERIFICATION
The undersigned hereby states that they are the Petitioners in the foregoing Petition for
Recanvass of Vote in Lower Allen Township, Precinct 4, of Cumberland County,
Pennsylvania, and verifies that the statements made in the foregoing Petition are true and
correct to the best of their knowledge, information, and belief.
The undersigned understand that the statements therein are made subject to the
penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
DATE:b- ~ 0/
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VERIFICATION
The undersigned hereby states that they are the Petitioners in the foregoing Petition for
Recanvass of Vote in Lower Allen Township, Precinct 4, of Cumberland County,
Pennsylvania, and verifies that the statements made in the foregoing Petition are true and
correct to the best of their knowledge, information, and belief.
The undersigned understand that the statements therein are made subject to the
penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
DATE~
DATE: .6.' /! I
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 4 f .'
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
'CIVILTERM 2001
NO. 01-3516
~ ORDER
And now thiS'~ day of June, 2001, upon consideration ofthe above captioned Petition
and Motion for Confirmation ofrecanvass of Vote for the offices of School Board and Township
Commissioner filed by the Cumberland County Board of Elections it is ordered and decreed that:
1. The recanvass of the ballots cast for the nomination of candidates for the offices
of School Board and Township Commissioner in above referenced precinct resulted in the
following:
School Board
Al Ferguson
Pat Woods
Ann Wilson
Todd Ambrose
Paul Wislocky
Republican
50
56
81
105
73
Township Commissioner
Democratic
35
57
43
55
31
Richard F. Schin
Peddrich M. Young, Sr.
Bob Pavlovich_
Republican
115
93
87
Democratic
20
13
9
2. The Court certifies that no fraud or error was discovered.
3. The Prothonotary is directed to return to Petitioners the sum deposited by them
pursuant to Section 3261(e) ofthe Election Code, 25 P.S. 3261(e).
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RE:
PETITION FOR RECANV ASS OF
VOTE IN LOWER ALLEN TOWNSHIP
PRECINCT 4
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3516
COUNTY OF CUMBERLAND BOARD OF ELECTIONS
MOTION FOR CONFIRMATION OF RECANV ASS OF VOTE
And now comes, the Cumberland County Board of Elections through its Solicitor,
Stephen D. Tiley and states the following:
1. Petitioners filed a Petition for recanvass under the Election Code, 25 P.S. 3261 on
June 7, 2001.
2. The Cumberland County Board of Elections filed objections to said Petition on
June 8, 2001 requesting that the Court enter an Order directing the Petitioners to deposit $50.00
cash, or a $100.00 bond pursuant to 25 P.S. 3261.
3. The Court entered an Order directing Petitioners to deposit $50.00 cash, or a
$100.00 bond within 3 days after service personally or by registered mail, or Petitioner's Petition
shall be denied.
4. Petitioner, Ann Wilson, was personally served said Order at 2:45 p.m. on June 8,
2001 by Janet A. Walter.
5. Petitioner, Bob Pavlovich, was served said Order by overnight mail on June 12,
2001.
6.
Office.
Petitioners filed the required security on June 8, 2001, in the Prothonotary's
7. The time and place of the recanvass was set for 9:00 a.m., Wednesday, June 13,
2001, at the Cumberland County Board of Elections, 37 W. High Street, Carlisle, PA by the
Board of Elections.
8. All candidates for School Board and Township Commissioner were served with
Notice of the time and place of the recanvass.
9. The recanvass was conducted as scheduled.
10. The recanvass did result in a vote discrepancy for Petitioner, Ann Wilson's,
Republican vote. As a result of the recanvass Petitioner, Ann Wilson, received 14 additional
Republican votes which brought her total to 81. The recanvass did not result in a vote
discrepancy for Petitioner's Democratic vote which remained at 43.
11. The recanvass did result in a vote discrepancy for Petitioner, Bob Pavlovich's,
Republican vote. As a result of the recanvass Petitioner, Bob Pavlovich, received 10 additional
Republican votes which brought his total to 87. The recanvass did result in a vote discrepancy
for Petitioner, Bob Pavlovich's, Democratic vote. As a result of the recanvass Petitioner, Bob
Pavlovich, received one additional Democratic vote which brought his total to 9.
The results of the recanvass are as follows:
School Board
Al Ferguson
Pat Woods
Ann Wilson
Todd Ambrose
Paul Wislocky
Republican
50
56
81
105
73
Democratic
35
57
43
55
31
Township Commissioner
Richard F. Schin
Peddrich M. Young, Sf.
Bob Pavlovich_
Republican
115
93
87
Democratic
20
13
9
12. The recanvass did not result in fraud, but it did result in a substantial error,
however it did not effect the result of the Republican or Democratic Primary Election.
13. In accordance with Section 3261(e) of the Election Code, 25 P.S. 3261(e), upon
certification of the court that fraud or substantial error was discovered, the Prothonotary shall
return to the Petitioners the said sum deposited by said Petitioners.
WHEREFORE, the Cumberland County Board of Elections prays that your Honorable
Court will direct the sum deposited by Petitioners pursuant to Section 3261 ofthe Election Code,
25 P.S. 3261 by paid to the County.
R.e e~sn f!f?1Jy submitted,.
~ft~ -1 --7 ~
Stephen D. Tiley
Solicitor to the Board of Elections
Date:,r /.y~~/
/
VERIFICA TION
I, Dennis Marion, being duly sworn according to law, deposes and states that he is the
County Administrator of Cumberland County, Pennsylvania; that it is his information and belief
that the facts set forth in County of Cumberland Board of Elections Motion for Confirmation of
Recanvass of Vote hereto are true and correct to the best of his knowledge, information and
belief.
This Verification is made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
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County Administrator
Date: ?--/S----O/
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Cumberland ~opnty Prothonotary's Office
Manual Release Check Reglster
Escrow
Amount
10101709132001
PYS405
Distribution
Case No
3800 POVLOVICH ROBERT
BOND 2001- 03516
Accounting
Tran
Date
Page 1
9/13/2001
Date
Release
Check Date: 09/13/2001 Check No.:
PYMT/CASH 50.00 6/08/2001
Payee total:
50.00
Grand total:
50.00
1248
CERTIFICATE OF SERVICE
I, ~~ ,hereby certify that I personally served Ik tJ"""" at
S6J a.m.b. . n une~, 2001, by handing him/her a copy of said notice of the time and
place of the recanvass of the Election District listed below:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass ofVQte in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516/
Civil No. 01-3520
Civil No. 01-3517
Acknowledgement of Receipt of Notice ofReca vass
'L
I'YQ..J V i (! ~(I..... G m-hcandidate for School Board for the above listed Election
Districts, received a copy of the notice of the time and place of the recanvass of the Election
Districts listed above at 6: 03 a,mdp.m. on June g ,2001.
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JUN-l~-,200 1_~ON g,8: 32 AM CUMBERLAND COUNTY COMM I S
FAX NO. 717 240 6448
P. 01
CERTIFICA. 'fE OF SERVICE
, ., ~ :',lu,c.w S Ze-'3/C/ ,hereby certify that I personally served -(0:::1..:1. (7,.'i/;;o:;( at
9.~ ~p.m. on JtUle ~t 2001, by banding him/her a copy of said notice of the time and
place of the recanvass of the Election District listed below:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvuss of Vote in Lower All~n 2
Petition for Recanvass of Vote in Lower An~n 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516 .-
Civil No. 01-3520
Civil No. 01-3517
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Acknowledgement of Receipt of Notice ofRecanvass
~didate for Township Commissioner for the above listed
Electio' 5t cts, rece ved a copy of the notice of the time and place of the recanvass of the
Election Districts listed above at oP- ~/; a.n.:Yp.m. on June / / ,2001.
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served a true and correct copy of the notice of the
time and place of the recanvass of the Election Districts listed below to Paul Wislocky, 1516
McCormick Drive, Mechanicsburg, P A 17055, by overnight mail via Federal Express, on the
date hereinafter set forth.
Petition for Recanvass of V ote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516 /'
Civil No. 01-3520
Civil No. 01-3517
Date: c;, --//-0 I
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J A. Walter
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served a true and correct copy of the notice of the
time and place of the recanvass of the Election Districts listed below to Al Ferguson, 7
Cedarhurst Lane, Camp Hill, PA 17011, by overnight mail via Federal Express, on the date
hereinafter set forth.
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516/
Civil No. 01-3520
Civil No. 01-3517
Date:
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J A. Walter
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served Bob Pavolisch, 18-A Colegate Drive,
Camp Hill, P A 17011,a true and correct copy of the County of Cumberland Board of Elections
Objections to Petitions for Recanvass of Votes and executed Orders for the following by
overnight mail via Federal Express, on the date hereinafter set forth.
Petition for Recanvass of Vote in Lower Allen I
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516/
Civil No. 01-3520
Civil No. 01-3517
Date: c;, -/ I~OI
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CERTIFICATE OF SERVICE
I, Janet A. Walter, hereby certify that I served a tme and correct copy of the notice of the
time and place of the recanvass of the Election Districts listed below to Bob Pavlovich, l8-A
Colegate Drive, Camp Hill, PA 17011, by overnight mail via Federal Express, on the date
hereinafter set forth.
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516 ~
Civil No. 01-3520
Civil No. 01-3517
Date:
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Jan . Walter
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CERTIFICATE OF SERVICE
I,
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Ua, hereby certify that I personally servedU/}?./?'1a/~ at
. on June _,2001, by handing him/her a copy of said notice of the time and
e recanvass of the Election District listed below:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516 ./
Civil No. 01-3520
Civil No. 01-3517
C~JjlML6
Acknowledgement of Receipt of Notice of Recanvass
I,C'?h1 /){ ~t!J.triZJ ' candidate for School Board for the above listed Election
Districts, received a copy of the notice of the time and place of the recanvass of the Election
Districts listed above at ,3: L/ '5 a.mebn June f( , 2001.
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RE:
PETITION FOR RECANV ASS OF
VOTE IN SHIREMANSTOWN
BOROUGH
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL TERM 2001
NO. 01-3441
Certificate of Service
I'~ personally served 11I1'1~J L<~J at
..s- J J a.m. . on June C;, 2001, by handing him a copy of said notice of the time and
place of the recanvass of the Election District listed above.
Acknowledgement of Receipt of Notice of Recanvass
I, ~ , candidate for Mayor for the above listed Election District,
received a co of the notice of the time and place of the recanvass of the Election District listed
above at~' -; 7 a.m./p.m. on June S?' ,2001.
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CERTIFICATE OF SERVICE
I, ~ ' hereby certify that I personally served PeJh'"~ 'i,~at
J'IJ a.m. n une~, 2001, by handing him/her a copy of said notice of the timJand
place of the recanvass of the Election District listed below:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of Vote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516./
Civil No. 01-3520
Civil No. 01-3517
Acknowledaement ofRecei t of Notice ofRe nvass
Electi n Districts, rec
Election Districts liste
, candidate for Township Commissioner for the above listed
v copy of the notice of the time and place of the recanvass of the
bove at ~~./p.m. on June ~ ,2001.
.
.,
CERTIFICATE OF SERVICE
I, ,Ug{z;." hereby certify that I personally servedU/}1/?'la/~ at
il-Lf5 a.~. . on June _,2001, by handing him/her a copy of said notice of the time and
place 0 e recanvass of the Election District listed below:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of Vote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of V ote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516~
Civil No. 01-3520
Civil No. 01-3517
cr~fJML6
Acknowledgement of Receipt of Notice ofRecanvass
I'~1,)15f;X15-0, candidate for School Board for the above listed Election
Districts, received a copy of the notice of the time and place of the recanvass ofthe Election
Districts listed above at 3: L/ 6' a.m<f~n June 8'" ' 200 I.
.
~
..
CERTIFICATE OF SERVICE
. 2/~ , hereby certify that I personally served Ann Wilson, 119
Cricket , Cam Hill, P A 17011, by handing to her a tme and correct copy of the County of
Cumber nd Board of Elections Objections to Petitions for Recanvass of Votes and executed
Orders at 8'Lf";;- a.m./(5i)for the following:
Petition for Recanvass of Vote in Lower Allen 1
Petition for Recanvass of Vote in Lower Allen 2
Petition for Recanvass of V ote in Lower Allen 3
Petition for Recanvass of Vote in Lower Allen 4
Petition for Recanvass of Vote in Lower Allen 5
Petition for Recanvass of V ote in Lower Allen 6
Civil No. 01-3518
Civil No. 01-3519
Civil No. 01-3521
Civil No. 01-3516
Civil No. 01-3520
Civil No. 01-3517
Date: 0- d-VI
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