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Suit Against Pennsburg Fire Company Moves Forward
Written by Kelly Chandler Staff Writer
2015-01-21

        The current and former Pennsburg officials involved in a civil suit against the borough's fire company say they believe the organization should publicly acknowledge its failings as part of a settlement.

        Attorney Adam Sager of Sager and Sager of Pottstown, on behalf of plaintiffs Diane Stevens, John Kevin and Charles Shagg, filed a writ of summons in Montgomery County Court in November seeking damages against the Pennsburg Fire Company and three of its members, Scott Seip, Brenda Koder and Cody Belmont, for revoking the trio's honorary lifetime memberships back in June 2013.

        Seip served as president at the time and Koder made the motion, with Belmont seconding it, to take away the memberships for "negative actions directed towards the fire company."  

        Seip, the company's chief, stated the honorary memberships were given back in the early 2000's due to the trio's fundraising and other efforts on behalf of the fire company at the time.  Lifetime memberships are normally bestowed on individuals with 20 years or more of active service with the company, Seip said. 

        No one was notified that their status with the company had changed, Stevens, a current borough councilwoman and Shagg, a former borough mayor said.  Stevens reportedly stumbled on the action while reviewing the fire company's minutes a year later.     

        Sager and his clients say the fire company didn't follow its own bylaws when it revoked the memberships. 

        "There was no just cause.  First they had to state the reasons; then we had to be notified.  There was a timetable, and we were to have an opportunity to rebut the reasons given," Shagg said, citing Article IX of the organization's bylaws.  "None of that was followed."

        The plaintiffs also allege the fire company's secretary never notified them in writing within 10 days after expulsion, as is also reportedly required by the bylaws.

        While Stevens speculated the move may have been politically motivated, as two of the three individuals named in the suit were either on borough council at the time or up for election, Sager said they will never know until due process is followed.

        Sager said his clients are seeking three things through the suit, including the reinstatement of their memberships, the payment of legal fees and for the fire company to publicly state their mistake in order to make his clients "whole again."

        "My clients would like some type of acknowledgement that there was a mistake and that their [the fire company's] apology would be somehow conveyed to you [media] or to the public through some type of minutes," Sager said.  "It doesn't have to be a public apology, but for people to have some type of understanding as to why this happened."

        In letters dated Dec. 26, 2014, the fire company notified Stevens and Kevin that their memberships were reinstated.  Sager said the company told Shagg it would not be reinstating his membership as it has no record it was ever given to him.  Shagg said he remembers being named a member and receiving the gold card that came with it, but has no documentation.   

        Sager said while the legal action was classified as asking for up to $50,000 in damages, his clients are currently seeking $5,000 in the suit to pay for legal fees, which he maintains should have never been incurred.

        "Prior to filing the lawsuit we reached out not only by letter but also by phone to the fire company to try to not only discuss but to have the proper and due process hearing that the bylaws require," he said.  "In fact, it was our position that if we were given the proper notice the reasons for the motion to even be brought up as well as the due process hearing, that this matter should have been properly taken care of in the normal process of business in the fire company." 

        Seip said Wednesday the fire company never received any communication from Sager prior to the lawsuit.

        Pennsburg Fire Company is currently represented by Attorney Stephen Sobocinski of Selective Insurance, based in New Jersey.  When contacted Friday, Sobocinski said he couldn't comment on the suit.  

        Sager maintains the fire company will not have to pay any out-of-pocket expenses to Stevens, Kevin and Shagg, nor will they have to pay out-of pocket costs to defend against the allegations raised by his clients as the organization's insurer is defending them.

        Seip said it's impossible to tell at this point what the fire company's expenses will be.

        Sager said the fire company's attorney is aware of what his clients are asking for to settle the suit, which he said has played out unfairly in the media and community, casting his clients in a negative light.

        "The ball is pretty much in their court," Shagg said of the status of the suit.

 

       

 


 

 

 

 

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