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BORKEY v. TOWNSHIP OF CENTRE

847 A.2d 807 (2004)

Kenneth C. BORKEY, Sr., Ruth A. Borkey, his wife; and Kenneth C. Borkey, Jr., their son v. TOWNSHIP OF CENTRE; Centre Township Board of Supervisors, Ronald E. Knepp, individually and as Chairman of the Township Board of Supervisors; Larry C. Zimmerman; individually and in his official capacity as a Township Supervisor; and Clair Miller, individually and in his official capacity as a Township Supervisor, Appellants.

Commonwealth Court of Pennsylvania.

Decided April 27, 2004.

Attorney(s) appearing for the Case

Joseph D. Shelby, Lancaster, for appellants.

Anthony M. Caputo, Harrisburg, for appellees.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and MIRARCHI, JR., Senior Judge.

OPINION BY Judge LEAVITT.

The Township of Centre, Centre Township Board of Supervisors and Supervisors Ronald E. Knepp, Larry C. Zimmerman and Clair Miller1 (collectively Township), appeal from an order of the Court of Common Pleas of Berks County (trial court). The trial court granted the summary judgment motion of plaintiffs, Kenneth C. Borkey, Sr., retired Chief of Police for the Township, Ruth C. Borkey and Kenneth C. Borkey, Jr.

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