by peter e. bortner
Cass Township asked Schuylkill County Court on Wednesday to dissolve the 53-year-old Duncott Hose Company and turn over all money in its Firemen's Relief Fund.
In a five-page petition, the township alleged that the company no longer fights fires and, therefore, has no right to keep the money in its relief fund, which is supposed to be used for buying firefighting equipment.
"Members of Duncott Hose Company (are) not responding to fires in and around Duncott or Cass Township in general," the petition reads in part.
The township asked the court to order the company to return all money in the fund to the township, bar the company from transferring any other assets and appoint a receiver to inventory those assets and merge the company with another in the township.
In the petition, Cass alleged that the company incorporated June 8, 1959, for the purpose of fighting and preventing fires.
The company has received money from the township for the Firemen's Relief Fund and other purposes, according to the petition.
"Duncott Hose Company has solicited funds from the residents of Cass Township to support the hose company and its purposes," the petition reads in part.
However, the company ceased being an active volunteer fire company several years ago, according to the petition.
In spite of that, the company has kept all the money in the fund even after the township sent a letter to it Jan. 10 asking that the money be returned to it, the petition reads in part.
"Duncott Hose Company has refused or failed to turn over to Cass the (money in the fund)," according to the petition.
That money is supposed to be used for fighting fires, and since the company is not doing that, it has no right to keep it, according to the petition.
"Cass believes ... that Duncott Hose Company will continue to raise money and apply said funds and other assets ... for purposes other than firefighting within the township," the petition reads in part. "Cass believes ... that those individuals currently controlling Duncott Hose Company will be unjustly enriched if Duncott Hose Company is allowed to continue holding title to its assets."