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BRADY TOWNSHIP v. JESSE ASHLEY (02/04/75)

decided: February 4, 1975.

BRADY TOWNSHIP, APPELLANT,
v.
JESSE ASHLEY, CLAIR BUZZARD, ROBERT BUZZARD, PAUL LINDEY AND ROBERT BUZZARD ET AL, APPELLEES



Appeal from the Order of the Court of Common Pleas of Butler County in cases of Brady Township v. Jesse Ashley, C.P. 132 September Term, 1972; Brady Township v. Claire Buzzard, C.P. 133 September Term, 1972; Brady Township v. Robert Buzzard, C.P. 134 September Term, 1972; Brady Township v. Paul Lindey, C.P. 135 September Term, 1972 and Brady Township v. Robert Buzzard, et al., C.P. 136 September Term, 1972.

COUNSEL

Lee C. McCandless, with him McCandless, Chew & Krizner, for appellant.

David L. Cook, for appellees.

Judges Wilkinson, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 17 Pa. Commw. Page 227]

On February 22, 1972 the auditors of Brady Township (Township) in Butler County filed their 1971 audit report of the Township supervisors with the Clerk of Courts of Butler County, as required by Section 547 of The Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended, 53 P.S. ยง 65547 (Supp. 1974-1975). The report surcharged the supervisors and their secretary in the following amounts:

1) Robert Buzzard, superivsor -- $241.65

2) Jesse Ashley, supervisor -- $221.40

3) Paul Lindey, supervisor -- $70.00

4) Robert Buzzard, Jesse Ashley and Paul Lindey -- jointly and severally for an additional $936.90

5) Clair Buzzard, secretary -- $140.00.

All of the supervisors concerned, as well as the secretary, had been given advance notice of the proposed audit and surcharge and all, except Mr. Lindey, had attended an auditors' meeting on February 18, 1972 at which the proposed surcharge was discussed. On March 2, 1972 notice of the audit and surcharges ...


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