IN RE PETITION OF HUMMEL, 856 MAL 2005 (Pa. 10-14-2005)

886 A.2d 222

IN RE: PETITION OF CHARLOTTE K. HUMMEL TO ESTABLISH IDENTITY BY CANDIDATE NOMINATED UNDER DIFFERENT NAMES AND CUMULATE VOTES AND AMENDED PETITION TO ESTABLISH IDENTITY BY CANDIDATE NOMINATED UNDER DIFFERENT NAMES AND CUMULATE VOTES. PETITION OF: CHARLOTTE K. HUMMEL.

No. 856 MAL 2005.Supreme Court of Pennsylvania, Middle District.
Decided: October 14, 2005.

No. 856 MAL 2005, Petition for Allowance of Appeal from the Memorandum and Order of the Commonwealth Court (Pellegrini, J) affirming the Order of the Court of Common Pleas of Delaware County (Zetusky, J).

ORDER
PER CURIAM

AND NOW, this 14th day of October, 2005, the Petition for Allowance of Appeal is hereby GRANTED, the order of the Commonwealth Court is VACATED
based on 25 P.S. § 3157(a), and this case is REMANDED to the Court of Common Pleas for a hearing on the merits. The trial court is instructed to cumulate such write-in ballots cast in the primary election as are in accordance with 25 P.S §§ 3062, 3063, 3155, Appeal of McCracken, 88 A.2d 787 (Pa. 1952), and Dayhoff v. Weaver, 808 A.2d 1002, 1011
(Pa.Cmwlth. 2002). Jurisdiction relinquished.