CONCLUSIONS OF LAW:
1. On November 6, 2007, DiLibero was elected to the office of Township Supervisor in West Vincent Township, Chester County, Pennsylvania.
2. West Vincent is a Second Class Township.
3. The Second Class Township Code provides in pertinent part: that Supervisors shall reside in the township from which elected and shall have resided in that township continuously for at least one year before their election.
4. Respondent was a resident of East Fallowfield Township, residing at 105 South Brandywine Avenue from 1997 through November 6, 2007.
5. Respondent was ineligible to be elected to the office of Township Supervisor in West Vincent Township on November 6, 2007.
6. Respondent is ineligible to remain in the office of Township Supervisor in West Vincent Township.
Based upon the foregoing, the Court enters the following Order:
IN THE COURT OF COMMON PLEAS
CHESTER COUNTY, PENNSYLVANIA
NO. 08-94792
CIVIL ACTION
COMMONWEALTH OF PENNSYLVANIA ex
re1 JOSEPH W. CARROLL, DISTRICT
ATTORNEY OF CHESTER COUNTY
vs.
Nidholas J. Casenta, Jr., Esquire, Peter Hobartr Esquire and
Gerald P. Morano, Esquire, on behalf of the plaintiff
Anastasia Filopoulos, Esquirer on behalf of the defendant
AND NOW, this 9th day of November, 2009, it is hereby ORDERED and DECREED that judgment is entered in favor of plaintiff, Commonwealth of Pennsylvania ex rel Joseph W. Carroll, District Attorney of Chester County and against defendant, Barry DiLibero, and defendant is hereby REMOVED from office as a Township Supervisor of West Vincent Township.
proceeding to be paid by defendant.
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