Time is running out for municipalities to decide on what course
of action to take in regards to a lawsuit over ambulance service in
the Bradford area, but no official action has been taken by any
township or borough representative as of yet.

“No one’s stepped up to the plate to make a decision on it,”
said Brian Gustafson, owner of Priority Care Ambulance, on
Tuesday.

Gustafson has filed a lawsuit against Bill and Joan McCormack,
the former owners of McCormack Ambulance Service, alleging that the
City of Bradford – through its fire chief Bill McCormack – set out
to destroy his business after he purchased it from the McCormacks
in the middle of last year.

Near the end of last year, the municipalities of Lewis Run
Borough and the townships of Bradford, Corydon, Lafayette and
Foster all entered into agreements with the city to use the city’s
ambulance service for emergency services.

Since those agreements were entered into, Priority Care alleges
that the city has “mischaracterized to the municipalities the
nature” of the agreements as being exclusive, leading to an illegal
boycott of Priority Care’s services, the lawsuit states.

In a letter dated April 4, Gustafson, through his attorney Carl
Hittinger, informed the municipalities that if the service
agreements are interpreted by them as exclusive with the city, the
municipalities would be added as defendants in a federal antitrust
and unfair competition lawsuit.

Hittinger asked the municipalities to discuss the issue with
their solicitors and have the attorneys contact him regarding a
response.

So far, Gustafson says no official responses have been
received.

“I’ve met with a couple of the municipalities and had
conversations with several of them,” Gustafson said. “The general
consensus has been positive.

“We’re not asking for any money from them. We’re just asking for
the ability to provide service in that area.”

While the townships have been responsive, Gustafson said there
have been some problems.

“The only places we’ve run into different opinions is with their
solicitors,” he said.

Without mentioning specific municipalities, Gustafson said a few
solicitors seem to be advising their clients that the service
agreements entered into with the City of Bradford call for
exclusivity to the city ambulance service.

“I cautioned them to be mindful of the advice they are getting
from their solicitors,” Gustafson said. “Take a look at what they
are telling you, look at where else they have ties … political
ties.”

The solicitors involved are Greg Henry for Bradford Township –
who is also special counsel to Bradford City Council; Dan Hartle
for Lewis Run, Bob Saunders for Lafayette Township, and Richard
Mutzabaugh for Foster Township.

It was not immediately clear Tuesday evening who represented
Corydon Township.

Gustafson explained that Hittinger plans to send a letter to the
municipalities informing them when 15 days remain of the 30-day
time period given for the municipalities to make a decision.

In early May, he plans to move forward with the federal
lawsuit.

In a letter dated April 17 and sent by Gustafson to all five
municipalities involved, Gustafson seeks to clarify what Priority
Care is looking for.

“We need clarification from each municipality in order to be
able to respond to emergency calls,” the letter reads.

“Right now, if someone dials 9-1-1, the service they get is the
city’s,” Gustafson explained to The Era. Unless the 9-1-1 Center
has an authorization from the specific municipality, the center
cannot dispatch a private ambulance provider in that
municipality.

“Basically what we are looking for is that if someone dials
9-1-1 and requests Priority Care Ambulance (to that municipality),
the 9-1-1 Center will dispatch our station in Bradford. If the
caller does not request a specific service, then we would rotate
calls with the city ambulance,” the letter reads.

Gustafson explains in the letter that coverage from two sources
“could only be beneficial,” and by allowing Priority Care to
operate in the municipality, the governments are “just simply
allowing this choice to be available.”

“Also, we provide services that the city ambulance does not
provide such as transport to hospitals other than Bradford,” the
letter reads. “We are not restrained by the provision of fire
services and will not be otherwise unavailable at a fire.”

The city ambulance crews also double as firefighters in the
city’s full-time fire department.

Gustafson goes on to explain that his service would like a
chance to prove itself.

“This would also give Priority Care Ambulance a chance to prove
our capabilities, and possibly save your municipality the funds
currently paid to the city, which will only increase in the
future,” the letter reads.

The agreements in place now require annual payments from the
municipalities to the city to support the ambulance service.
Bradford Township pays $15,680; Foster pays $14,560; Lewis Run pays
$2,240; and Lafayette and Corydon each pay $1,120.

That cost will remain the same for the initial three-year period
of the agreement and for an additional two-year renewal period,
according to the agreements with the city. After that, the costs
can be modified.