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Paxtang Borough

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We are providing this update, for our residents, on Paxtang Borough’s lawsuit to eject the independent Paxtang Fire Company No.1 from Paxtang Borough Municipal Building.

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UPDATE:  Following a court hearing on February 29, 2024, Dauphin County Judge Dowling will mediate a settlement of the ejection lawsuit between Paxtang Borough and the independent Paxtang Fire Company No. 1.  The Borough has agreed to permit the Fire Company continued building access and the Fire Company has agreed to vacate Borough premises by a date to be determined.  We will execute a Facilities Use Agreement so that the Fire Company properly insures Borough property while they are preparing for a final exit from the premises.  Paxtang Borough Council is committed to executing a timely settlement agreement, at or before the mediation on March 22, 2024.

                   

MARCH 22, 2024: The parties entered a Facilities Use Agreement, which will ensure the Paxtang Municipal Building is insured properly, pending the final disposition of the Ejectment Litigation.  

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As this matter is in continued litigation, no further comments or statements will be issued at this time.

Jan. 2023: Due to the news of the Dauphin County District Attorney charging Paxtang Fire Company Chief Matthew Lemmon with a theft offense graded as a 3rd degree felony, and the independent Paxtang Fire Company’s refusal to immediately suspend Chief Lemmon, the Paxtang Borough Council was forced to ask Swatara Township to remove the Paxtang Fire Company No. 1 from the Paxtang Borough fire call box cards.

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Paxtang Borough Council has permitted Paxtang Fire Company No 1 to remain free of cost in the Paxtang Municipal Building since August 1, 2022, when the necessary contract for services began, with Swatara Township Fire and Rescue. Despite the Borough’s repeated requests, the Paxtang Fire Company No 1 failed to obtain liability insurance to indemnify the Borough. On Tuesday, January 17, 2023, to relieve Paxtang Borough taxpayers from the enormous liability stemming from the fire company’s inaction, Borough Council authorized legal action to eject Paxtang Fire Company No 1 from Borough Property. Click below for a comments made by Councilman Fillman at the meeting.    

 March 1, 2023, Paxtang Borough has filed a lawsuit to eject the Paxtang Fire Company No. 1 from the Paxtang Municipal Building.

 

Effective August 1, 2022, for fiscally prudent reasons to provide Paxtang Borough residents with a larger department of trained and certified active firefighters at lower cost, Paxtang Borough contracted for fire protection services to be provided by Swatara Township Fire and Rescue.

 

Paxtang Borough made several offers for the Paxtang Fire Company No. 1 to remain in the Paxtang Municipal Building subject to a facilities use agreement or a lease and proof of adequate insurance, as required by Paxtang Borough’s insurance provider.   The Company failed to timely respond to these offers.    Additionally, the Fire Company’s eligibility to provide mutual aid in Paxtang Borough was revoked.  Other municipalities in the region also altered their eligibility to provide mutual aid.

 

The Paxtang Fire Company No. 1 decided not to vacate the Municipal Building while at the same time refusing to indemnify Paxtang Borough.   Therefore, the Paxtang Borough Council had no other option but to relieve Paxtang Borough taxpayers from the liability stemming from the Company’s unlawful occupancy of the Paxtang Municipal Building. 

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