$52,000 Bill Leads Penn. Township to Sue Ambulance Provider
Exeter Township, PA, Sept. 16—Exeter Township has taken its former ambulance provider to court over more than $52,000 in unpaid fuel and vehicle maintenance bills.
Township Solicitor Andrew J. Bellwoar filed the lawsuit in Berks County Court against the Exeter Ambulance Association.
"This goes back over a year in fuel charges," Exeter Township Manager Troy Bingaman said. "We have our own gas pumps here, so the fire department, the ambulances, our guys, the police all use these gas pumps."
Each month, Bingaman said, "we would bill the ambulance association (EAA) for their portion. Unfortunately, I can only assume that given their financial situation, that they stopped paying those bills."
According to the lawsuit filed by Chester County-based attorney Bellwoar, the township and EAA operated for years under an unwritten agreement in which EAA, for its convenience, could use the township's three private fuel pumps but were required to pay all costs incurred.
Additionally, the lawsuit says, EAA would take its vehicles to the township for repairs and reimburse the township for those repairs. Monthly invoices were submitted to EAA for fuel and repair bills, with EAA ceasing to pay the monthly bills in October 2013, despite continuing to use the fuel and rack up repair bills.
Between October 2013 and June, the lawsuit alleges that EAA failed to pay $52,128.69, leaving the township on the hook for paying those bills.
EAA President Kathy Cortellessa, when reached by phone Tuesday, said the organization was unaware that a lawsuit had been filed.
"They took us off all the run cards so we haven't been able to pay our debt," she said. "We're doing the best we can."
Cortellessa was referring to Exeter supervisors' decision in December to designate the Exeter Fire Department as its primary 9-1-1 responder, replacing EAA, which had served in the role for decades.
The move followed months of tense discussions between the township and EAA, capped by the association's announcement earlier that month that without funding from the township, it would shutter its 9-1-1 service in 90 days.
Faced with that looming deadline, Exeter supervisors opted instead to tap the fire department, which took over in March.
The lawsuit filed by the township comes on the heels of the resignation earlier this month of EAA Chief Jon Herbsleb.
Cortellessa declined to comment on the circumstances surrounding Herbsleb's departure, but did say that the association wished him luck and thanked him for his years of service. Herbsleb could not be reached.
Last month, EAA's building at 30 Fairlane Road, near the Exeter municipal building, was put up for sale. As of Tuesday, it remained on a local Coldwell Banker website listed at $550,000.
Despite losing its status as the township's primary ambulance provider, EAA continues to do routine medical transports and training.
"I think our perspective is that the township is aware that the building is for sale, and we have significantly reduced our staffing to continue our contract with St. Joe's (Penn State Health St. Joseph) and to meet our financial obligations," Cortellessa said. "I've been told the township is interested in buying the building."
She added that she was told by at least one supervisor that the possibility of such a sale would be discussed during a future executive session.
"Apparently, they discussed a lawsuit instead of partnering with the EAA on assets that may be of use to the fire department to reconcile our debt," Cortellessa said. "Our hope is they can work in the best interest of the taxpayers and not throw away legal fees to settle what could be amicably communicated."
Exeter supervisors Chairman Jeff Bukowski echoed Cortellessa's comment that nobody wants legal fees.
He added, though, that he was surprised to hear that the EAA was unaware of the lawsuit.
"There was correspondence that went unanswered by EAA," Bukowski said. "Filing court papers was certainly not our first attempt to collect from them.
"These are unpaid amounts for fuel used by the EAA, and we filed suit to protect the taxpayers' interest in recovering those funds.
"Certainly, we are hoping to work out payment of those fees, whether in or outside the context of the potential acquisition of the EAA building."
Contact Becca Y. Gregg: 610-371-5032 or bgregg@readingeagle.com.
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