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Former fire company ordered to produce inventory of assets

Published November 30. 2012 05:02PM

A court order was issued by Schuylkill County President Judge William E. Baldwin Thursday on the officers of the former Andreas Volunteer Fire Company, 2110 West Penn Pike, West Penn Township, to file within 30 days an inventory of the assets of fire company along with an accounting of the assets sold and where the proceeds are currently being held, including information regarding the sale of real estate.

A hearing was held Thursday in the county court on the petition filed by the Charitable Trust and Organizations Section of the State Attorney General's Office, Harrisburg, seeking a citation to show cause why the fire company officers should not be compelled to account, dissolve, and have its assets distributed under the Cy Pres Doctrine.

The officers named were, Byron Hess Sr., president; Paul Knepper, vice president; Alice Nunemacher, treasurer; and Jason Miller, John Stauffer and Joyce Nunemacher, trustees. The fire company was incorporated on May 23, 1950, and decertified on June 9, 2010.

The state attorney general's office claimed the decertification has lead to frustration and/or impossibility of the corporate purpose and that it has ended all apparent activity and no longer provides services.

It also charges that although the corporation, through its counsel, has been in contact with the Commonwealth since shortly after decertification, it claimed all progress on the wind-up of the affairs of the corporation had apparently stopped. It asked the court to have the fire company account for all funds received and expended for the period of 2010 to the present.

After the hearing Baldwin issued the order for the accountability but denied at this time the appointment of a liquidating receiver to marshall the assets of the corporation, investigate and liquidate any claims for or against the corporation, and wind up its affairs accounting under the Subchapter G. of the Nonprofit Code of Pennsylvania. The fire company did not object and also joined the state attorney general's office in asking the court to appoint a receiver.

The fire company officers admitted that progress has been slow but denied that no progress has been made to wind up the affairs of the corporation, but on the contrary, counsel for the corporation has learned on June 25, for the first time, after exhaustive efforts to contact the corporate fiduciaries, through a former corporate fiduciary, Paul Breiner, that Alice Nunemacher, treasurer of the corporation, has bank statements showing that the only assets of the corporation are a checking account of $15,469.13 and a savings account of $66,589.16.

Also, in its response to the state attorney general's petition, it claims counsel for the corporation was further advised that the monies continue to earn interest and that they do not object to accounting of all funds received and expended from the period of June 9, 2010.

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