Superior Court Judge Wayland Sermons Jr. has prohibited Tyrrell Emergency Services Inc. from selling its equipment or ambulances and has ordered the corporation to maintain $40,000 in an insured bank account while a civil proceeding between Tyrrell County and Tyrrell EMS is pending.
The judge’s consent preliminary injunction issued May 9 after Tyrrell EMS, through its attorney Windy Rose, denied it has plans to dispose of its assets and consented to entry of the order.
The county commissioners held an emergency meeting March 7 after reportedly hearing Tyrrell EMS was trying to sell the newer ambulance.
On March 8, Tyrrell County through its attorney David Gadd, filed a civil complaint against Tyrrell EMS alleging that Tyrrell EMS is attempting to sell or convey to a third party, some or all of the assets, including an ambulance, purchased with county funds.
The county is maintaining that its agreement with Tyrrell EMS, which ended December 31, stipulated that all EMS assets would revert to the county when the contract between them expired, those assets including up to $20,000 a year paid to the EMS to purchase replacement ambulances.
On March 21, both parties consented to the terms of Judge Sermons’ temporary restraining order, and he set May 9 as the hearing date.
In Tyrrell EMS’s written answer to the county complaint, filed on May 8, Rose denied:
-there was an understanding that Tyrrell EMS would return emergency medical services to the county upon termination of the contract between them.
-that the county’s contention that the county paid $10,000 in 2003 and approximately $20,000 each year since to be used for ambulance replacement.
-that the county by resolution directed Tyrrell EMS to hand over its assets to the county.
-that Tyrrell EMS is in the process of dissolving, is attempting to sell some or all of its assets to a third party, in breach or agreement, and is violating the county’s rights.
Attorney’s motions could possibly be the next steps in the proceeding.