HomeMy WebLinkAbout05-4076
INRE:
PETITION TO ALTER
THE LINES OF ADJOINING
WARDS IN THE
BOROUGH OF SHIPPESBURG
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. OS - LJo1ro ~
PETITION TO ALTER THE LINES OF ADJOINING
WARDS IN THE BOROUGH OF SHIPPENSBURG
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES the Borough Council of the Borough of Shippensburg, Cumberland and
Franklin Counties, Pennsylvania, by and through its counsel, SalzmannHughes, P.C., and
respectfully represents as follows:
1. "The Borough Code", Act No. 581 of February 1, 1966 as amended, (53 PS 45601)
provides in section 601 thereof as follows:
"The court of quarter sessions, upon petition, may divide boroughs into wards,
erect two wards out of two or more adjoining wards or parts thereof, consolidate
two or more wards into one ward, divide any wards already erected into two or
more wards, alter the lines of any two or more adjoining wards (emphasis added)
or cause the lines or boundaries of wards to be ascertained or established, or
abolish all wards."
2. Section 602 of the Borough Code, as amended, (53 PS 45602) provides as follows:
"The petition referred to in the first paragraph of Section 601 of this act shall
be presented by the borough council of the borough pursuant to a resolution of
the council, (emphasis added) or by at least five percent of the registered electors
of the borough, or in case of a proposal affecting only a portion of the borough by
at least five percent of the registered electors of the ward or wards which would
be affected by such proposal, as the case may be. The court shall thereupon
consider and determine the matter and may appoint three impartial persons, none
of whom shall be residents or property owners in the borough, as commissioners
to inquire into the propriety of granting the prayer in the petition. The
commissioners, or any two of them, shall make a report to the court, within sixty
days after their appointment and shall accompany it with a plot, showing the
boundaries of the proposed wards of the borough, or the wards before and after
the proposed change, as the case may be, whenever the same cannot be fully
designated by natural lines, and with information on the population and the
number of registered electors in the borough and in all wards and proposed new
wards with which such report is concerned."
3. The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania is
divided into three wards, known as the East, Middle, and West Wards, of which a
map representing such wards is attached hereto as "Exhibit A", and made a part
hereof.
4. According to the latest official census of the United States the populations of the
wards are disproportionate, a copy of said census results is attached hereto as "Exhibit
B", and made a part hereof, their populations being; East Ward, 1,532, Middle Ward,
1,781, and West Ward, 2,273.
5. The West Ward is located in both Cumberland and Franklin Counties and is divided
into two voting districts, Cumberland and Franklin, the populations of which are;
Cumberland, 1,154, Franklin, 1,119, and that the Middle Ward adjoins the West
Ward, more specifically, along the West Ward Cumberland voting district.
6. The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania has
a disproportionate number of registered voters in the wards as currently structured, as
of July 15, 2005, according to the Cumberland and Franklin County Voter
Registration Offices, a report of which is attached hereto as "Exhibit C", and made a
part hereof. The number of registered voters residing in each ward is; East Ward, 969
registered voters, Middle Ward, 637 registered voters, West Ward 1,297.
7. The West Ward is located in both Cumberland and Franklin Counties and is divided
into two voting districts, Cumberland and Franklin, in which the number of registered
voters are; Cumberland, 425, Franklin, 866.
8. The Borough Council of the Borough of Shipp ens burg, Cumberland and Franklin
Counties, Pennsylvania adopted by majority vote, at its regular meeting on July 19,
2005, at the Borough Office Building at Shippensburg, Pennsylvania, a Resolution to
petition the Court to alter the lines of the two adjoining wards. Counsel proposes that
the West Ward Cumberland voting district will be combined with the Middle Ward,
so that the population of registered voters in the wards of the Borough of
Shippensburg will be more nearly equalized, a copy of which Resolution is attached
hereto as "Exhibit D", and made a part hereof,
WHEREFORE the Borough Council of the Borough of Shipp ens burg,
Cumberland and Franklin Counties, Pennsylvania prays your Honorable Court to
more nearly equalize the population of registered voters in the wards ofthe Borough
of Shippensburg by altering the lines of the two adjoining wards, the West Ward and
Middle Ward, so that the West Ward Cumberland voting district will be combined
and made part of the Middle Ward.
Respectfully submitted,
Z'-d4? /ldtdfJ
By: Earl Parshall, President Borough Council
Borough of Shippensburg, Pennsylvania
Attest: ~ ;?!"/ !!"~
William W. Wolfi
Borough Secretary
Solicitor for the Borough of Shippensburg,
Date: pf/6 los-
t i
SALZMANN HUGHES, P.C.
~~~'ESqUire
Attorney ID# 36780
455 Phoenix Drive; Suite A
Chambersburg, P A 17201
(717) 263-2121
Counsel for Petitioner
Current Ward Configuration
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Page 1 ofl
Data Set: Census 20QJLRE!districting Data (Public Law 94-17.1) Summary File
Result contains 4 rows,
: PL001001
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1.5.J-iJPPENSBURG WD_~IDDLE,sumberlands::ounty,~ennSYIVa~lat==_---.1?~
ISriiPPENS_BURG.vvD WEi'!!.:..f.ll.mberland County, Pennsylvania 1154,
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NOTE: A hyphen (-) indicates that data are not available for this geographic area for the selected data element (column) in your
custom table. Please consult the Census 2000 Redistrictina Data (Public law 94-171) Summary File Technical Documentation (PDF
7.5MB) for more information.
http://factfinder.census.gov/servletfCTTable? _ bm=y &-context=ct&-filter=&- END ROW=... 7/] 2/2005
.;1........(... .." .. Cumberland County
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DUOOO-DST-OD7_C
Friday, July 15, ioos
Voter Count by Precinct Split
[Precinct Split} between "22-01-1" And "22-03-1"
~~---~~-
Precinct Split Prec WD SC MN MD LG SN
22-0]-1 22-01 SClO MN22 MOl0 LG89 SN31
22-02-1 22-02 SClO MN22 MD20 LG89 SN31
22-03-1 22-03 SClO MN22 MOl0 LG89 SN3!
-
CTY
C02 I
C021
CO2 1
Total
969
637
425
CG
CG19
CG19
CGI9
I Total Voters on Report: 2031
22-01-1
22-02-1
22-03-1
7-15-2005 1,23PM
FROM FRAN CO ASSEMENT 7172645218
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OOOOO-OST-009.C
Friday, July 15,2005
Franklin County
Voter Count by Selected District and Party
[Precinct) is "WEST-ENDSH1PPENSBURG"
Prec.i_nct ___ .. _________".
WEST:END SHlPPENSBURG
POl~tical P~rty
..-. ,. _.~ .".
Count of Voters by Party
.--.----' ,....._-"-, --
Precinct TD
074
CONSTITUTIONAL
DEMOCRA TIC
GREEN
INDEPENDENT
LIBERTARIAN
NO AFFILIATION
NON PARTISAN
OTHER
REPUBLICAN
Coullt.of Voters ill OZ~:
[!?tal Vot~~~ep.,rt:
1
335
3
8
4
84
10
2
419
866
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RESOLUTION NO. 05-013
A RESOLUTION OF THE BOROUGH OF SHIPPENSBURG,
CUMBERLAND AND FRANKLIN COUNTIES,
AUTHORIZING THE Pt: I .L I .LON OF THE CUMBERLAND
COUNTY COURT OF COMMON PLEAS TO MORE NEARLY EQUALIZE THE
POPULATION OF REGISTERED VOTERS IN THE WARDS OF
THE BOROUGH OF SHIPPENSBURG BY ALTERING THE LINES
OF THE TWO ADJOINING WARDS, THE WEST WARD AND MIDDLE
WARD, SO THAT THE WEST WARD, CUMBERLAND COUNTY
VOTING DISTRICT WILL BE COMBINED AND
MADE PART OF THE MIDDLE WARD
WHEREAS, the Borough of Shippensburg, Cumberland and Franklin Counties,
Pennsylvania, has three (3) wards, known as the East, Middle and West wards; and
WHEREAS, the population of registered voters in the wards are disproportionate,
according to voter registration reports from the Cumberland and Franklin County
Voter Registration offices, obtained on July 15, 2005; and
WHEREAS, the number of registered voters in the West Ward is significantly
higher than the other two (2) wards, the number of registered voters being 1,302;
and
WHEREAS, the number of registered voters in the East Ward is 969; and
WHEREAS, the number of registered voters in the Middle Ward is significantly
lower than the other two (2) wards, the number of registered voters being 637;
and
WHEREAS, the West Ward is divided into two (2) voting districts, along county
lines, the number of registered voters in the Cumberland district being 425, and
the number of registered voters in the Franklin district being 866; and
WHEREAS, the Borough of Shippensburg is desirous of more closely aligning the
number of registered voters in each ward by petitioning the Court to combine the
Cumberland voting district of the West Ward with the Middle Ward and to close
the West Ward Cumberland County polling place.
THEREFORE, BE IT NOW RESOLVED, by the Borough Council of the Borough of
Shippensburg, Cumberland and Franklin Counties, Pennsylvania, that the Cumberland
County Court of Common Please be petitioned to combine the Cumberland voting
district of the West Ward with the Middle Ward, and to close the West Ward
Cumberland County polling place, so that the population of registered voters in the
wards of the Borough of Shippensburg be more closely equalized.
Approved this 19th day of July, 2005.
BOROUGH COUNCIL OF THE BOROUGH
OF SHIPPENSBURG, CUMBERLAND AND
FRANKLIN COUNTIES, PENNSYLVANIA
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President of Borough Council
A TTEST:
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Assistant etary -
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CERTIFICA TION
I, Williom W. Wolfe, Secretary of the Borough of Shippensburg, Cumberland/Franklin
Counties, Pennsylvania, hereby certify that the foregoing is a true and correct copy of a Resolution of
the Borough of Shippensburg, which was duly adopted by affirmative vote of a majority of members
of the Borough Council, at a meeting held on July 19, 2005.
IN WITNESS, I set my hand and affix the official seal of the Borough, this 2J"h day of July,
2005.
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INRE:
PETITION TO ALTER
THE LINES OF ADJOINING
WARDS IN THE
BOROUGH OF SHIPPESBURG
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 6f' "101,.
AMENDED PETITION TO ALTER THE LINES OF ADJOINING
WARDS IN THE BOROUGH OF SHIPPENSBURG
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES the Borough Council of the Borough of Shippensburg, Cumberland and
Franklin Counties, Pennsylvania, by and through its counsel, Sa1zmannHughes, P.C., and
respectfully represents as follows:
1. "The Borough Code", Act No. 581 of February 1,1966 as amended, (53 PS 45601)
provides in section 601 thereof as follows:
"The court of quarter sessions, upon petition, may divide boroughs into wards,
erect two wards out of two or more adjoining wards or parts thereof, consolidate
two or more wards into one ward, divide any wards already erected into two or
more wards, alter the lines of any two or more adjoining wards (emphasis added)
or cause the lines or boundaries of wards to be ascertained or established, or
abolish all wards."
2. Section 602 of the Borough Code, as amended, (53 PS 45602) provides as follows:
"The petition referred to in the first paragraph of Section 601 of this act shall
be presented by the borough council of the borough pursuant to a resolution of
the council, (emphasis added) or by at least five percent of the registered electors
of the borough, or in case of a proposal affecting only a portion of the borough by
at least five percent of the registered electors of the ward or wards which would
be affected by such proposal, as the case may be'. The court shall thereupon
consider and determine the matter and may appoint three impartial persons, none
of whom shall be residents or property owners in the borough, as commissioners
to inquire into the propriety of granting the pray,er in the petition. The
commissioners, or any two of them, shall make a report to the court, within sixty
days after their appointment and shall accompany it with a plot, showing the
boundaries of the proposed wards of the borough, or the wards before and after
the proposed change, as the case may be, whenever the same cannot be fully
designated by natural lines, and with information on the population and the
number of registered electors in the borough and in all wards and proposed new
wards with which such report is concerned."
3. The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania is
divided into three wards, known as the East, Middle, and West Wards, of which a
map representing such wards is attached hereto as "Exhibit A", and made a part
hereof.
4. According to the latest official census of the United States the populations of the
wards are disproportionate, a copy of said census results is attached hereto as "Exhibit
B", and made a part hereof, their populations being; East Ward, 1,532, Middle Ward,
1,781, and West Ward, 2,273.
5. The West Ward is located in both Cumberland and Franklin Counties and is divided
into two voting districts, Cumberland and Franklin, the populations of which are;
Cumberland, 1,154, Franklin, 1,119, and that the Middle Ward adjoins the West
Ward, more specifically, along the West Ward Cumberland voting district.
6. The Borough of Shippensburg, Cumberland and Franklin Counties, Peunsylvania has
a disproportionate number of registered voters in the wards as currently structured, as
of July 15, 2005, according to the Cumberland and Franklin County Voter
Registration Offices, a report of which is attached h(~reto as "Exhibit C", and made a
part hereof. The number of registered voters residing in each ward is; East Ward, 969
registered voters, Middle Ward, 637 registered voters, West Ward 1,297.
7. The West Ward is located in both Cumberland and Franklin Counties and is divided
into two voting districts, Cumberland and Franklin, in which the number ofregistered
voters are; Cumberland, 425, Franklin, 866.
8. The Borough Council ofthe Borough of Shippensburg, Cumberland and Franklin
Counties, Pennsylvania adopted by majority vote, at its regular meeting on July 19,
2005, at the Borough Office Building at Shippensbmg, Pennsylvania, a Resolution to
petition the Court to alter the lines ofthe two adjoining wards. Counsel proposes that
the West Ward Cumberland voting district will be combined with the Middle Ward,
so that the population of registered voters in the wards of the Borough of
Shippensburg will be more nearly equalized, a copy of which Resolution, which has
been signed by Bruce Hockersmith, the Mayor ofthe Borough of Shippensburg, is
attached hereto as "Exhibit D", and made a part hereof,
WHEREFORE the Borough Council of the Borough of Shippensburg,
Cumberland and Franklin Counties, Pennsylvania prays your Honorable Court to
more nearly equalize the population of registered voters in the wards of the Borough
of Shippensburg by altering the Jines of the two adjoining wards, the West Ward and
Middle Ward, so that the West Ward Cumberland voting district will be combined
and made part of the Middle Ward.
Respectfully submitted,
B~~~I
Borough of Shippensburg, Pennsylvania
Attest: ~~ (2}~~ze _
Grace Kelter
Assistant Borough Secretary
~~&q"ire
Attorney ID# 36 .
SALZMANN HUGHES, P.C.
455 Phoenix Drive; Suite A
Chambersburg, P A 17201
(717) 263-2121
Counsel for Petitioner
Current Ward Configuration
Custom Table - American FactFinder
Page I ofl
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Data Set: Census 2000 Redistrictina Data (Public Law 94-1711 Summary File
Result contains 4 rows.
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NOTE: A hyphen H indicates that data are not available for this geographic area for the selected data element (column) in your
custom table. Please consult the Census 2000 Redistrictina Data (Public Law 94-17'1) Summarv File Technical Documentation IPDF
7.5MB) for more information.
http://factfinder.census.gov /servlet/CTTable? bm=y &-context=c:t&-filter=&- END RO W=... 7/12/2005
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Cumberland County
Voter Count by Precinct Split
[Precinct Split} between "22-01-1" And "22-03-1"
OOOOO.DST.007.
Friday, July 15, 200
Precinct Split Pree WD SC MN MD LG SN CG CTY Total
22-0.1-1 22-01 SClO MN22 MD20 LG89 SN31 CGl9 C02 I 969
22-02-] 22-0.2 SClO MN22 MD20 LG89 SN31 CGI9 C02 I 637
22-03-1 22-03 SClO MN22 MD20 LG89 SN31 CG]9 C021 425
I Total Voters on Report: 20.31
22-01-1 I
22-02-1
22-03-1
7-15-2005 1,23PM
FROM FRAN CO ASSEMENT 717264521B
P.l
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OOOOO-DST-009.C
Friday, July IS, 2005
Precinct ID.
074
...
Count ofyoters by Pa~ty _
Precinct _..,. .....__._... ...
WEsi:'END SHIPPENSBURG
Political p'~rty _.
CONSTITUTIONAL
DEMOCRATIC
GREEN
INDEPENDENT
LIBERTARIAN
NO AFFlLIA TION
NON PARTISAN
OTHER
REPUBLICAN
Count.oryoter. in OZ~:
f!.?ia. Vot;':;-;;;;~~~Port:
I
335
3
8
4
84
10.
2
419
866
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RESOLUTION
05-013
This resolution of the Borough of Shippensburg, Cumberland and
Franklin Counties, Pennsylvania, authorizes the petition of the
Cumberland County Court of Common Pleas to more nearly equalize the
population of registered voters in the wards of the Borough of
Shippensburg by altering the lines of the two adjoining wards, the West
ward and Middle ward, so that the West ward Cumberland voting district
will be combined and made part of the Middle ward.
WHEREAS the Borough of Shippensburg, Cumberland and Franklin Counties,
Pennsylvania has three wards, known as the East, Middle, ,md West wards; and
WHEREAS the population of registered voters in the wards are disproportionate
according to voter registration reports from the Cumberland and Franklin County Voter
Registration Offices obtained on July 15, 2005; and
WHEREAS the number of registered voters in the West ward is significantly higher than
the other two wards, the number of registered voters being 1302; and
WHEREAS the number of registered voters in the East ward is 969; and
WHEREAS the number of registered voters in the Middle ward is significantly lower
than the other two wards, the number of registered voters being 637; and
WHEREAS the West ward is divided into two voting distriets, along county lines, the
number of registered voters in the Cumberland district being 425, and the number of
registered voters in the Franklin district being 866; and
WHEREAS the Borough of Shipp ens burg is desirous of more closely aligning the
number of registered voters in each ward by petitioning the Court to combine the
Cumberland voting district of the West ward with the Middle ward, and to close the West
ward Cumberland County polling place;
THEREFORE, BE IT NOW RESOLVED by the Council of the Borough of
Shippensburg, Cumberland and Franklin Counties, Pennsylvania that the Cumberland
County Court of Common Pleas be petitioned to combine the Cumberland voting district
ofthe West ward with the Middle ward, and to close the We:st ward Cumberland County
polling place, so that the population of registered voters in the wards of the Borough of
Shippensburg be more closely equalized.
Approved this 19th day of July 2005
BOROUGH COUNCIL OF THE BOROUGH
OF SHIPPENSBURG, CUMBERLAND AND
FRANKLIN COUNTIES, PENNSYLVANIA
By~&drJ
BY~~L/1~.~ai)
Mayor
ATTEST: .~ Q.-<-----" rY1 ~ 2("
Assistant Secretary ofthe Borough 0 bippensbtirg
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IN RE: PETITION TO ALTER
THE LINES OF ADJOINING
WARDS IN THE
BOROUGH OF SHIPPESBURG
-,;RECEIVED AUG 26 ZOOS
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 05-4076
CIVIL TERM
ORDER
AND NOW, this dnd. day of j.y:;tJ~~A) ,2005, upon consideration
of the Petition of the Borough of Shippensburg to alter the lines of adjoining wards in the
Borough of Shippensburg, a Rule to Show Cause is hereby issued to show cause why the
Court should not grant the prayer request of the Borough of Shippensburg that this Court
more nearly equalize the population of registered voters in the wards of the Borough of
Shippensburg by altering the lines of two adjoining wards, the West Ward and the Middle
Ward, so that the West Ward, Cumberland County voting district will be combined and
made part of the Middle Ward or, in the alternative, why a commission of three impartial
persons, nonresidents or property owners in the Borough of Shippensburg shall not be
appointed to inquire into the propriety of granting the prayer :in the Petition and charged
to report to the Court within sixty days of their appointment, in accordance with Section
r~
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fl.\)\;
602 of the Borough Code, 53 P.S. 45602. Rule Returnable on {Lt!-~v,;n 2005
,
at q: ()O a.m.lJloRl., Courtroom No. 'f . -; &r/l.h~ ~n'1-
~~ r!r:vtk:d..L. ..;Jfi. .
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By the C rt: . /
. /? /fA
IN RE: PETITION TO ALTER
THE LINES OF
ADJOINING WARDS IN
THE BOROUGH OF
SHIPPENSBURG
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-4076 CIVIL
ORDER
AND NOW, this 2 --! day of September, 2005, the court having issued a rule to
show cause in this matter returnable October 27,2005, at 9:00 a.m., it is further ordered and
directed that notice of said order be published in a local newspaper in both Franklin and
Cumberland Counties not less than twenty (20) days prior to the time set for hearing.
BY THE COURT,
~issa Dively, Esquire
For the Petitioner
;ftHd
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90 : I hid Z - dJ3 SOOl
Ai:JV.LUI+J!. C,cd 3Hl :10
3:)): ~:(}'Cl]lH
,
IN RE: PETITION TO ALTER
THE LINES OF
ADJOINING WARDS IN
THE BOROUGH OF
SHIPPENSBURG
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-4076 CIVIL
ORDER
AND NOW, this
..l. :,. . day of October, 2005, upon consideration ofthe Petition of
the Borough of Shippensburg, Franklin and Cumberland Counties and following a duly
advertised public hearing on this same date, it is hereby ordered and decreed that the lines ofthe
current West Ward and Middle Ward of the Borough of Shippensburg be altered so that the
portion of the West Ward wholly within Cumberland County be combined and made part of the
Middle Ward and the West Ward, remaining, be that part currently and wholly within Franklin
County.
BY THE COURT,
Melissa Dively, Esquire
For the Petitioner ~ :l1-v'''1<---'
1e'--:27 0 s'
A/~
rIm
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IN RE: PETITION TO ALTER
THE LINES OF
ADJOINING WARDS IN
THE BOROUGH OF
SHIPPENSBURG
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-4076 CIVIL
ORDER
AND NOW, this
z?'
day of October, 2005, our prior order of even date
herewith is amended to reflect that the effective date of said line alteration is January 2, 2006.
All other provisions of said prior order to remain in full force and effect.
Melissa Dively, Esquire
For the Petitioner
~L
BY THE COURT,
.IJJ
Board of Elections
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------
IN RE: PETITION TO ALTER
THE LINES OF ADJOINING
WARDS IN THE
BOROUGH OF SHIPPENSBURG
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 05-4076
CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, the /7' day of February, 2006 to more nearly equalize the
population of registered voters in the wards of the Borough of Shippensburg the lines of
two adjoining wards shall be altered, the West Ward and Middle Ward, so that the West
Ward Cumberland voting district be combined and made part of the Middle Ward and
that the West Ward Cumberland County polling place be disestablished and closed.
By the Court:
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INRE:
PETITION TO ALTER
THE LINES OF ADJOINING
WARDS IN THE
BOROUGH OF SHIPPENSBURG
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 05-4076
CIVIL TERM
AMENDED PETITION TO ALTER THE LINES OF ADJOINING
WARDS IN THE BOROUGH OF SHIPPENSBURG
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES the Borough Council of the Borough of Shipp ens burg, Cumberland and
Franklin Counties, Pennsylvania, by and through its counsel, SalzmannHughes, P.C., and
respectfully represents as follows:
I. "The Borough Code", Act No. 581 of February 1, 1966 as amended, (53 PS 45601)
provides in section 601 thereof as follows:
"The court of quarter sessions, upon petition, may divide boroughs into wards,
erect two wards out of two or more adjoining wards or parts thereof, consolidate
two or more wards into one ward, divide any wards already erected into two or
more wards, alter the lines of any two or more adjoining wards (emphasis added)
or cause the lines or bonndaries of wards to be ascertained or established, or
abolish all wards."
2. Section 602 of the Borough Code, as amended, (53 PS 45602) provides as follows:
"The petition referred to in the first paragraph of Section 601 of this act shall
be presented by the borough council of the borough pursuant to a resolution of
the council, (emphasis added) or by at least five percent of the registered electors
of the borough, or in case of a proposal affecting only a portion of the borough by
at least five percent of the registered electors of the ward or wards which would
be affected by such proposal, as the case may be. The court shall thereupon
consider and determine the matter and may appoint three impartial persons, none
of whom shall be residents or property owners in the borough, as commissioners
to inquire into the propriety of granting the prayer in the petition. The
commissioners, or any two of them, shall make a report to the court, within sixty
days after their appointment and shall accompany it with a plot, showing the
boundaries of the proposed wards of the borough, or the wards before and after
the proposed change, as the case may be, whenever the same cannot be fully
designated by natural lines, and with information on the population and the
number of registered electors in the borough and in all wards and proposed new
wards with which such report is concerned."
3. The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania is
divided into three wards, known as the East, Middle, and West Wards, of which a
map representing such wards is attached hereto as "Exhibit A", and made a part
hereof.
4. According to the latest official census of the United States the populations of the
wards are disproportionate, a copy of said census results is attached hereto as "Exhibit
B", and made a part hereof, their populations being; East Ward, 1,532, Middle Ward,
1,781, and West Ward, 2,273.
5. The West Ward is located in both Cumberland and Franklin Counties and is divided
into two voting districts, Cumberland and Franklin, the populations of which are;
Cumberland, 1,154, Franklin, 1,119, and that the Middle Ward adjoins the West
Ward, more specifically, along the West Ward Cumberland voting district.
6. The Borough of Shippensburg, Cwnberland and Franklin Counties, Pennsylvania has
a disproportionate number of registered voters in the wards as currently structured, as
of July 15,2005, according to the Cumberland and Franklin County Voter
Registration Offices, a report of which is attached hereto as "Exhibit C", and made a
part hereof. The number of registered voters residing in each ward is; East Ward, 969
registered voters, Middle Ward, 637 registered voters, West Ward 1,297.
7. The West Ward is located in both Cumberland and Franklin Counties and is divided
into two voting districts, Cumberland and Franklin, in which the number of registered
voters are; Cumberland, 425, Franklin, 866.
8. The Borough Council of the Borough of Shipp ens burg, Cumberland and Franklin
Counties, Pennsylvania adopted by majority vote, at its regular meeting on July 19,
2005, at the Borough Office Building at Shippensburg, Pennsylvania, a Resolution to
petition the Court to alter the lines of the two adjoining wards. Counsel proposes that
the West Ward Cwnberland voting district will be combined with the Middle Ward,
so that the population of registered voters in the wards of the Borough of
Shippensburg will be more nearly equalized, a copy of which Resolution, which has
been signed by Bruce Hockersmith, the Mayor of the Borough of Shipp ens burg, is
attached hereto as "Exhibit D", and made a part hereof,
WHEREFORE the Borough Council of the Borough of Shippensburg,
Cumberland and Franklin Counties, Pennsylvania prays your Honorable Court to
more nearly equalize the population of registered voters in the wards of the Borough
of Shipp ens burg by altering the lines of the two adjoining wards, the West Ward and
Middle Ward, so that the West Ward Cumberland voting district will be combined
and made part of the Middle Ward as approximately illustrated in "Exhibit E".
Respectfully submitted,
Pd!~
By: Earl Parshall, President Borough Council
Borough of Shippensburg, Pennsylvania
.f\_ G .
Attest: ~ ~c:.(
Grace Keiter
Assistant Borough Secretary
y: lissa K. Divel ,Es uire
Attorney ID# 3 80
SALZMANN GHES, P.C.
455 Phoenix Drive; Suite A
Chambersburg, P A 17201
(717) 263-2121
Counsel for Petitioner
Exhibit
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Exhibit
B
Custom Table.. American FactFinder
Page I or I
\. ": ,\ U.S. Census Bureau "':s;,' . ':$\i,
_-.-- . L___..__________________ __ "__. __,__
Data Set: Census 2000 Redistricting Data (Public Law 94-171) Summary FiI~
Result contains 4 rows.
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i;Hlfif~I!~EigRG~i[.."si,:~u,;;i;'i'ian~c.;u'!.tl}>_"~~~ar1ia ....
SHIPPENSBURG we MIDDLE, Cumberland Coun ,Penns Ivania
SHIPPENSBURG we WEST, Cumberland Coun ,Penns Ivania
.S_I1'I"f'''-N_S~,!~G Voting Distri<;t, Franklin County, Pennsylvania
PlOO1001
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1532!
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17811
1154
1119
NOTE: A hyphen (-) indicates' that data are not available for this geographic area for the selected data element (column) in your
custom table. Please consult the Census 2000 Redistrictino Data (Public Law 94-171) SUmmalV File Technical Documentation lPDF
7.5MB) for more information.
http://factfinder.census.gov/servlet/CTTable? _ bm=y&-context=ct&- filter=&-END __ ROW= ... 7/1212005
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Exhibit
C
OOO(J().DST.'
Friday, July 15,:
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Cumberland County
Voter Count by Precinct Split
[Precinct Split] between "22-01-1" And "22-03-1"
Precinct Split Pree WD SC MN MD LG SN CG CTY Total
22-01-1 22-01 SCIO MN22 MD20 LG89 SN31 CGl9 C021 969
22-02-1 22-02 SCIO MN22 MD20 LG89 SN31 CGl9 C021 637
22-03-1 22-03 SCIO MN22 MD20 LG89 SN31 CG19 C021 425
I Total Voters on Report: 203
22-01-1
22-02-1
22-03-1
..,
7-15-20051,23PM
FROM FRAN CO ASSEMENT 7172645218
P.l
OOOOll-DST -Q09.(
Friday, July 15, ZOO~
Franklin County
Voter Count by Selected District and Party
[Precinct] is "WEST-ENDSH1PPENSBURG"
Precinct TD
074
Precinct
WEST-am SHlPPENSBURG
Poli~ca'-~arty
.Count of Voters by Party_
CONSTITUTIONAL I
DEMOCRATIC 335
GREEN 3
INDEPENDENT 8
LIBERTARIAN 4
NOAffa~TION M
NON PARTISAN 10
OTHER 2
REPUBLICAN 419
Count"ofVotel'$ in O?~: 866
~tal Votel'$ oD'~ePort:
866 .:=J
ExhiliU
D
RESOLUTION
05-013
This resolution of the Borough of Shippensburg, Cumberland and
Franklin Counties, Pennsylvania, authorizes the petition of the
Cumberland County Court of Common Pleas to more nearly equalize the
population of registered voters in the wards of the Borough of
Shippensburg by altering the lines of the two adjoining wards, the West
ward and Middle ward, so that the West ward Cumberland voting district
will be combined and made part of the Middle ward_
WHEREAS the Borough of Shippensbnrg, Cumberland and Franklin Counties,
Pennsylvania has three wards, known as the East, Middle, and West wards; and
WHEREAS the population Df registered voters in the wards are disproportionate
according to voter registration reports from the Cumberland and Franklin County Voter
Registration Offices obtained on July 15, 2005; and
WHEREAS the number of registered voters in the West ward is significantly higher than
the other two wards, the number of registered voters being 1302; and
WHEREAS the number of registered voters in the East ward is 969; and
WHEREAS the number of registered voters in the Middle ward is significantly lower
than the other two wards, the number Df registered voters being 637; and
WHEREAS the West ward is divided intD two voting districts, along county lines, the
number ofregistered voters in the Cumberland district being 425, and the number of
registered voters in the Franklin district being 866; and
WHEREAS the Borough ofShippensbnrg is desirous DfmDre closely aligning the
number of registered voters in each ward by petitioning the Court to combine the
Cumberland voting district of the West ward with the Middle ward, and to close the West
ward Cumberland County polling place;
TIIEREFORE, BE IT NOW RESOLVED by the Council ofthe Borough of
Shippensbnrg, Cumberland and Franklin Counties, Pennsylvania that the Cumberland
County Court of Common Pleas be petitioned to combine the Cumberland voting district
ofthe West ward with the Middle ward, and to close the West ward Cumberland County
polling place, so that the population of registered voters in the wards of the Borough of
Shippensbnrg be more closely equalized.
Approved this 19th day of July 2005
BOROUGH COUNCIL OF THE BOROUGH
OF SHIPPENSBURG, CUMBERLAND AND
FRANKLIN COUNTIES, PENNSYLVANIA
By~fbf:dt1
By~.J3/u~;;Y;:.d'//l~-d~
Mayor
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ATTEST: (~----,I"Y1~
Assistant Secretary ofthe Borough D hippensbu g._
Exhibit
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