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TOWNSHIP FAIRVIEW v. JOHN K. SAXE (03/28/83)

decided: March 28, 1983.

TOWNSHIP OF FAIRVIEW, APPELLANT
v.
JOHN K. SAXE, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of John K. Saxe v. Township of Fairview, No. 2807-C of 1980.

COUNSEL

Howard K. Goldstein, with him Frank W. Mulderig, for appellant.

Joseph R. Ferdinand, with him Robert J. Gillespie, Jr., Bigelow, Gillespie & Cooper, for appellee.

Judges Rogers, Williams, Jr. and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 73 Pa. Commw. Page 162]

On July 1, 1980 the Board of Supervisors of Fairview Township (Township) brought the following charges against John K. Saxe (Respondent):

[ 73 Pa. Commw. Page 1631]

. On March 9, 1978, you signed an affidavit asserting under oath that since February 13, 1978, you had not been involved as a shareholder, principal, partner or employee, in any private business providing guard or detective services, and that on February 13, 1978, American Security, Inc., of which you had been President and chief shareholder, ceased to function as a business.

2. On July 24, 1978, you signed an affidavit, under oath, in which you identified yourself as the President of American Security Service, Inc.

3. On September 20, 1978, you signed an affidavit, under oath as an official representative of American Security Service, Inc.

The statements made by you as outlined above contradict each other, therefore, one or more of the statements made under oath must have been false, and in violation of Section 4903 of the Pennsylvania Crimes Code.

4. On or about August 18, 1978, you filed a claim with the Erie Insurance Group, and received payment of $921.84 for damages to your 1973 Pontiac automobile. The insurance on that vehicle had expired on January 29, 1978. You failed to repay the money to the insurance company when it was demanded and did not contest their legal action, filed to No. 1166 C of 1980, or contradict the allegations in their complaint, and a default judgment was taken against you.

We are told in the Township's brief that a resolution was adopted dismissing the Respondent on the basis of those charges. The resolution is not a part of the record before us. The dismissal was upheld following a hearing held by ...


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