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VOLUME 29, NUMBER 5

Early August, 2024

BOXHOLDER Presorted Standard

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TTVFC found in contempt, ordered to turn over equipment and pay damages by Ruth Isenberg

Judge C. Daniel Higgins has issued a ruling finding Tobyhanna Township Volunteer Fire Company partially in contempt, almost a year after Tobyhanna Township brought an action against them in Commonwealth Court for removing equipment from the fire apparatus it turned over to the township. The ruling, issued July 19, gives the TTVFC 20 days to return the missing equipment, and 90 days to pay damages of $180,000 to the township. This figure is based on an estimate prepared by supervisor and Tobyhanna Township Bureau of Fire member Joseph Colyer for the cost to refit the vehicles. In his ruling, Judge Higgins reviewed testimony from the December 2023 hearings on the contempt motion. TTVFC Fire Chief and current township supervisor Ed Tutrone’s testimony included that the TTVFC attorney had advised them to turn over all equipment with the vehicles. He also stated that one of the primary reasons for removing the equipment was to avoid sanctions by the PA

One of the pieces of equipment as it was turned over to Tobyhanna Township last year. File photo Auditor General’s office; in his discussion of the motion, Judge Higgins rejected that argument, calling it “without credibility,” and “incredulous.” Noting that a finding of contempt requires that there must be notice, volition, and wrongful intent. In his discussion the judge noted that TTVFC had notice of the order, which stated “All titles to [the] vehicles and equipment in the possession of [the Defendant] shall be transferred to [the Plaintiff] within twenty (20) days of

this order and said vehicles and equipment shall be relinquished to [Plaintiff ] within thirty (30) days of this Order. (Emphasis added.) He also considered the letter from the TTVFC counsel which advised them not to remove equipment, but to turn the vehicles over intact but with a list of equipment they felt was not purchased with taxpayer money. Regarding volition, Judge Higgins cited testimony by Tutrone and by TTVFC Chief Troy Counterman about who called the meeting of

the Association to vote on removing the equipment, as well as secrecy with which it was performed. Finally, regarding wrongful intent, the judge found that the testimony of Tutrone and Counterman, in context with the other evidence showed that the TTVFC acted “with the requisite mental state.” The document is 17 pages long, too long to be printed here in its entirety. It is interesting reading, and can be viewed on our website, pocononewspapers.com. When contacted for comment, Tutrone said that he had been advised by the attorneys for both the TTVFC and the Relief Association

to limit his comments. He noted that they would be meeting this week to decide how to proceed, but they would probably appeal the ruling. “We don’t understand how a judge can order one corporation (TTVFC) to turn its property over to a totally separate corporate entity (Tobyhanna Township). Tutrone also noted that the finding of contempt was against the TTVFC, not against him or Counterman as individuals. He said he could not comment on whether or not the TTVFC had funds available to pay the $180,000 sanction.

Timeline 1985—Fire tax enacted by Tobyhanna Township. Funds to to TTVFC and Pocono Summit Fire Co. August 15, 2022—Tobyhanna Township enacts Ordinance 571, regulating fire company activity in the township August 22, 2022—Letter received from TTVFC counsel advising the township the TTVFC would not serve as “officially recognzied” fire company for the township, but would provide free service on a seondary basis August 25, 2022—Tobyhanna Township seeks injunction to have TTVFC relinquish titles for the vehicles September 2, 2022—TTVFC files its answer ~November 29, 2022—Monroe County Comm Center is notified by the township not to dispatch TTVFC to fires in the township December 5, 2022—Tobyhanna Township files its answer See TIMELINE, page 2