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Widow of former Tamaqua police officer sues borough

Published March 22. 2013 05:03PM

The widow of a former Tamaqua Borough police officer has started a civil suit against the borough in Schuylkill County Court for full employment benefits his estate is allegedly entitled to receive under the collective bargaining agreement.

The action was started by Sherry Ann Bynon, 208 N. Lehigh St., as administratrix of the estate of the late Matthew M. Bynon, alleging her husband was not laid off in good faith and seeks to have him restored to full time employment and seeks to recover back pay, medical expenses, fringe benefits, attorney fees, and costs of prosecution.

The suit states Bynon was employed as a full time police officer beginning on Oct. 5, 2008, and had civil service status. On Jan. 1, 2012, he was laid off as full time officer. The borough's explanation was that it was for economic reasons. At the time he was laid off his annual salary was $58,687.84 with fringe benefits as set fort in the collective bargaining contract with the Fraternal Order of Police.

The suit alleges before him being laid off the borough had nine full time police officers and nine part-time officers. The suit charges after he was laid off the police department actually increased in size due to the use of more part-time officers, none who were civil service officers. The suit charges that Bynon was not laid off in good faith. Bynon died on Sept. 12, 2012.

The widow claims in the suit she is entitled to recover all damages on behalf of her husband's estate which are recoverable under the Survival Act and brings the action under that act.

She also brings action under rule of mandamus to have her late husband restored to full time officer and seeks to recover back pay, medical expenses, fringe benefits, costs of prosecution, and any other benefits due.

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