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COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
..a 6/-
Docket No.:
3'2-lq ~
Date Entered:
JAVAD BIG DELI
1212 WOODBINE AVENUE
PENN VALLEY, PA 19072,
Defendant
CERTIFIED COPY OF LIEN
To the Prothonotary of Said Court:
Pursuant to Section 308(e) of the Radiation Protection Act, Act of July 10, 1984, P.L.
688,35 P.S. ~ 7110.308(e); this is a Certified Copy of Lien for civil penalties to be entered of
record by you and indexed as judgments are indexed.
Date of Final Amount of Amount Paid
Assessment Assessment (i!...!!llil Total Due
12/15/95 $1,560.00 $00.00 $1,560.00
04/21 /98 $1,560.00 $00.00 $1,560.00
04/21/98 $1,560.00 $00.00 $1,560.00
10/29/98 $1,560.00 $00.00 $1,560.00
Total
Filing Fee
$6240.00
The undersigned c;ertifies that the above civil penalties are due and payable under the provisions of the Radiation Protection Act, ~u.fsuant t.o Section 308.(el of said
law,35 P.S. ~ 710.308(e),a copy of said assessment or assessments are attached hereto and made a parrt hereof. The above cIvil penalties shall constitute a
judgment in favor of the Commonwealth upon the property of said defendant from the date entered and docketed of record.
Date
~j1$L/
s: 2 Y.OI
David J. Allard, Director
Bureau of Radiation Protection
Department of Environmental Protection
ORIGINAL TO BE RETAINED BY PROTHONOTARY
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUIlEAU OF RADIATION PROTECTION
CERTIFIED MAIL
In the Matter of:
Javad Bigdeli, D.D.S.
Room 240. 2471 North 54th Street, Philadelphia, PA 19131
1.0. 1101-14729
Notice of Civil Penalty Assessment
The Commonwealth of Pennsylvania, Department of Environmental
Protection (UDepartment") assesses a civil penalty as follows:
".'
A. Javad Eigdeli is a Dentist doing business at Room 240,
2471 North 54th Street, Philadelphia, PA 19131.
B. Jayad Bigdeli, D.D.S., owns and operates one or more
radiation-producing machines containing one tube(s) .
C. On September 1, 1995, the Department mailed a radiation
source invoice to Javad Bigdeli, D.D.S. advising that an annual
registration fee for radiation-producing machines in the amount of
$75.00 for 1995 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On November 14, 1995, the Department sent Javad Bigdeli,
D.D.S. a letter advising that if it did not receive payment of the
required fee within ten business days from the date of the letter,
the Department would proceed with enforcement action.
E. On December 15, 1995 the Department mailed to Javad
Bigdeli, D.D.S. a Notice of Violation letter advising ,that failure
to pay the required annual registration fee is a violation of the
Radiation Protection Act and regulations promulgated thereunder.
The letter further stated that if payment of the required
registration fee was not received within ten business days from the
date of the letter, the Department would issue a civil penalty
assessment.
F. Pursuant to 25 Pa. Code Sections 218.11 and 218.12, which
were promulgated pursuant to Sections 301 and 401 of the Radiation
Protection Act, 35 P.S. Sections 7110.301 and 7110.401, Javad
Bigdeli, D.D.S. is required to pay, within 15 days of receipt of
the invoice. an annual fee in the amount of $75.00 for re-
registration of the radiation-producing machines.
G. Despite repeated demands, Javad Bigdeli, D.D.S., has
failed to pay the required registration fee.
H. Pursuant to the Department's authority under Section 308
of the Radiation Protection Act, 35. P.S. Section 711D.308{e), the
Department hereby assesses aaainst Javao Ri_rrrlpl i. n. n, ~ ;:!,...i 'wi 1
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I. The amount of the civil penalty was calculated as
follows:
a. Severity classification: Level III
b. Culpability classification: Negligent
c. Total civil penalty assessment: $1,560
Payment of the civil penalty should be made by means of
certified check or money order in the amount of $1560.00 made
payable to Department of Environmental Protection and sent to
Department of Environmental Protection, P.O. Box 8455, Harrisburg,
PA 17105-8455.
The Department reserves its right to assess additional civil
penalties for the continued failure to pay the required
registration fee.
If any person liable to pay a civil penalty fails to pay it,
the amount of the penalty, together with interest and costs, will
be a lien in favor of the Commonwealth upon the real and personal
property of the person after the lien has been entered and docketed
by the prothonotary of the county where the property is located.
Any person aggrieved by this action may appeal, pursuant to
Section 4 of the Environmental Hearing Board Act, 35 P.S. Section
7514; and the Administrative Agency Law, 2 Pa. C.S., Chapter SA to
the Environmental Hearing Board, P. O. Box 8457, 400 Market street,
Harrisburg, PA 17105-8457, (717) 787-3483. TDO users may contact
the Board through the Pennsylvania Relay Service, (800) 654-5984.
Appeals must be filed with the Environmental Hearing Board within
30 days of receipt of written notice of this action unless the
appropriate statute provides a different time period. Copies of
the appeal form and the Board's rules of practice and procedure may
be obtained'from the Board. The appeal form and the Board's rules
of practice and procedure are also available in Braille or on
audiotape from the Secretary to the Board at (717) 787-3483. This
paragraph does not, in and of itself, create any right of appeal
beyond that permitted by applicable statutes and decisional law.
Dated: /y/eu-d-. J. 4, I q '18'
151 r( i"vlri C \\ DV'h/L
Keith C. Kerns
Acting Director
Bureau of Radiation Protection
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COMMOWWEAt'l'H OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF RADIATION PROTECTION
CERTIFIEP MAIL
z 193 637e07
In the Matter of:
Javad Bigde1i, P.P.S.
Room 240, 2471 N. 54th street Philadelphia, PA 19131
I.D. #01-14729
Notice of Civil Penalty Assessment
The Commonwealth of Pennsylvania, Department of Environmental
Protection (~DepartmentP) assesses a civil penalty as follows:
A. Javad Bigdeli is a dentist doing business at Room 240,
2471 N. 54th St., Philadelphia, PA 19131.
B. Javad Bigdeli, D.D.S. owns and operates one or more
radiation-producing machines containing Qne tube(s).
c. On January 29( 1998, the Department mailed a radiation
source invoice to Javad Bigdeli, D.D.S. advising that an annual
registration fee for radiation-producing machines id the amount of
$75.00 for 1997 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On March 12, 1998, the Department sent Javad Bigdeli,
D.D.S. a letter advising that if it did not receive payment of the
required fee within ten business days from the date of the letter,
the Department would proceed with enforcement action.
E. On April 21, 1998 the Department mailed to Javad BigdeU,
D.D.S. a Notice of Violation letter adviSing that failure to pay
the required annual registration fee is a violation of the
Radiation Protection Act and regulations promulgated thereunder.
The letter further stated that if payment of the required
registration fee was not received within ten business days from the
date of the letter, the Department would issue a civil penalty
assessment.
F. Pursuant to 25 Pa. Code Sections 218.11 and 218.12, which
were promulgated pursuant to Sections 301 and 401 of the Radiation
Protection Act, 35 P.S. Sections 7110.301 and 7110.401, Javad
Bigdeli, D.D.S., is required to pay, within 15 days of receipt of
the invoice, an annual fee in the amount of $75.00 for re-
registration of the radiation-producing machines.,
G. Despite repeated demands, Javad Bigdeli D.D.S., has
failed to pay the required registration fee.
H. Pursuant to the Department's authority under Section 308
of the Radiation Protection Act, 35 P.S. Section 7110.308(el, the
Department herebv assesses B0ninst Javan Btadeli. D.D.S.. ~ ~ivil
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I. The amount of the civil penalty was calculated as
follows:
a. Severity classification: Level III
b. Culpability classification: Negligent
c. Total civil penalty assessment: $1,560
Payment of the civil penalty should be made by means of
certified check or money order in the amount of $1560.00 made
payable, to Department of Environmental Protection and sent to
Department of Environmental Protection, P.O. Box 8455, Harrisburg,
PA 17105-8455.
The Department reserves its right to assess additional civil
penalties for the continued failure to pay the required
registration fee.
If any person liable to pay a civil penalty fails to pay it,
the amount of the penalty, together with interest and costs, will
be a lien in favor of the Commonwealth upon the real and personal
property of the person after ,the lien has been entered and docketed
by the prothonotary of the county where the property is located.
Any person aggrieved by this action may appeal, pursuant to
Section 4 of the Environmental Hearing Board Act, 3y P.S. Section
7514; and the Administrative Agency Law, 2 Pa. C.S., Chapter 5A to
the Environmental Hearing Board, P. O. Box 8457, 400 Market Street,
Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact
the Board through the Pennsylvania Relay Service, (800) 654-5984.
Appeals must be filed with the Environmental Hearing Board within
30 days of receipt of written notice of this action unless the
appropriate statute provides a different time period. Copies of
the appeal form and the Board's rules of practice and procedure may
be obtained from the Board. The appeal form and the Board's rules
of practice and procedure are also available in Braille or on
audiotape from the Secretary to the Board at (717) 787-3483. This
paragraph does not, in and of itself, create any right of appeal
beyond that permitted by applicable statutes and decisional law.
Dated: 7/30/9' i"
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/s/
Keith C. Kerns
Acting Director
Bureau of Radiation
Protection
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t:bMMoNwEA1.TH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF RADIATION PROTECTION
CERTIFIED MAIL
z 193 637 806
In the Matter of:
Javad Bigdeli, D.D.S.
Room 240, 2471 N. 54th street Philadelphia, PA 19131
I.D. 1101-14729
Notice of Civil Penalty Assessment
The Commonwealth of Pennsylvania, Department of Environmental
Protection (UDepartment") assesses a civil penalty as follows:
"i
A. Javad Bigdeli is a dentist doing business at Room 240,
2471 N. 54th St., Philadelphia, PA 19131.
B. Javad Bigdeli, D.D.S. owns and operates one or more
radiation-producing machines containing one tube(s).
c. On May 9, 1997, the Department mailed a radiation source
invoice to Javad Bigdeli, D.D.S. advising that an annual
registration fee for radiation-producing machines in the amount of
$75.00 for 1996 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On March 12, 1998, the Department sent Javad Bigdeli,
D.D.S. a letter advising that if it did not receive payment of the
required fee within ten business days from the date of the letter,
the Department would proceed with enforcement action.
E. On April 21, 1998 the Department mailed to Javad Bigdeli,
D.D.S. a Notice of Violation letter advising that failure to pay
the required annual registration fee is a violation of the
Radiation Protection Act and regulations promulgated thereunder.
The letter further stated that if payment of the required
registration fee was not received within ten business days from the
date of the letter, the Department would issue a civil penalty
assessment.
F. Pursuant to 25 Pa. Code Sections 218.11 and 218.12, which
were promulgated pursuant to Sections 301 and 401 of the Radiation
Protection Act, 35 P.S. Sections 7110.301 and 7110.401, Javad
Bigdeli, D.D.S., is required to pay, within 15 days of receipt of
the invoice, an annual fee in the amount of $75.00 for re-
registration of the radiation-producing machines.
G. Despite repeated demands, Javad Bigdeli D.D.S., has
failed to pay the required registration fee.
H. Pursuant to the Department's authority under Section 308
of the Radiation Protection Act, 35 P.S. Section 7110.308(e), the
Department hereby assesseS against Javad Bigdeli, D.D.S., a civil
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I. The amount of the civil penalty was calculated as
follows:
',',
a.
Severity classification:
Level III
b. Culpability classification: Negligent
c. Total civil penalty assessment: $1,560
Payment of the civil penalty should be made by means of
certified check or money order in the amount of $1560.00 made
payable to Department of Environmental Protection and sent to
Department of Environmental Protection, P.O. Box 8455, Harrisburg,
PA 17105-8455.
The Department reserves its right to assess additional =~vil
penalties for the continued failure to pay the required
registration fee.
If any person liable to pay a civil penalty fails to pay it,
the amount of the penalty, together with interest and costs, will
be a lien in favor of the Commonwealth upon the real and pe~5onal
property of the person after the lien has been entered and cccketed
by the prothonotary of the county where the property is located.
Any person aggrieved by this action may appeal, pursu~t to
Section 4 of the Environmental Hearing Board Act, 35 P.S. Section
7514; and the Administrative Agency Law, 2 Pa. C.S., Chapter 5A to
the Environmental Hearing Board, P. O. Box 8457, 400 Market Street,
Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may ccntact
the Board through the Pennsylvania Relay Service, (800) 654-5984.
Appeals must be filed with the Environmental Hearing Board within
30 days of receipt of written notice of this action unless ~~e
appropriate statute provides a different time period. Cop~es of
the appeal form and the Board's rules of practice and procecure may
be obtained from the Board. The appeal form and the Board's rules
of practice and procedure are also available in Braille or en
audiotape from ,the Secretary to the Board at (717) 787-3483. This
paragraph does not, in and of itself, create any right of aFpeal
beyond that permitted by applicable statutes and decisiona~ law.
Dated: 7(.101'1;>'
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/s/
Keith C. Kerns
Acting Director
Bureau of Radiation
Protec~:'on
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF RADIATION PROTECTION
CERTIFIED MAIL Z 193 637 874
i
In the Matter of:
Javad Bigdeli, D.D.S.
Room 240, 2471 N. 54th Street Philadelphia, PA 19131
I.D. No. 01-14729
Notice of Civil Penalty Asse~sment
The Commonwealth of Pennsylvania, Department of Environmental
Protection ("Department") assesses a civil penalty as follows:
A. Javad Bigdeli is a dentist doing business at Room 240,
2471 N. 54th St., Philadelphia, PA 19131.
B. Javad Bigdeli, D.D.S., owns and operates one or more
radiation-producing machines containing one tube(s) .
C. On September 16, 1998, the Department mailed a radiation
source ,invoice to Javad Bigdeli, D.D.S., advising that an annual
registration fee for radiation-producing machines in the amount of
$75.00 for 1998 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On October 6, 1998, the Department sent Javad Bigdeli,
D.D.S., a letter advising that if it did not receive payment of the
required fee within ten business days from the date of the letter,
the Department would proceed with enforcement action.
E. On October 29, 1998 the Department mailed to Javad
Bigdeli, D.D.S., a Notice of Violation letter advising that failure
to pay the required annual registration fee is a violation of the
Radiation Protection Act and regulations promulgated thereunder.
The letter further stated that if payment of the required
registration fee was not received within ten business days from the
date of the letter, the Department would issue a civil penalty
assessment.
F. Pursuant to 25 Pa. Code Sections 218.11 and 218.12, which
were promulgated pursuant to Sections 301 and 401 of the Radiation
Protection Act, 35 P.S. Sections 7110.301 and 7110.401, Javad
Sigdeli, D.D.S., is required to pay, within 15 days of receipt of
the invoice, an annual fee in the amount of $75.00 for re-
registration of the radiation-producing machines.
G. Despite repeated demands, Javad Bigdeli D.D.S., has
failed to pay the required registration fee.
H. Pursuant to the Department's authority under Section 308
of the Radiation Protection Act, 35 P.S. Section 7110.308(e), the
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I. The amount of the civil penalty was calculated as
follows:
a. Severity classification: Level III
b. Culpability classification: Negligent
c. Total civil penalty assessment: $1,560
Payment of the civil penalty should be made by means of
certified check or money order in the amount of $1,560.00 made
payable to Department of Environmental Protection and sent to the
Department of Environmental Protection, P.O. Box 8455, Harrisburg,
PA 17105-8455.
The Department reserves- its right to assess additional civil
penalties for the continued failure to pay the required
registration ~ee.
If any person liable to pay a civil penalty fails to pay it,
the amount of the penalty, together with interest and costs, will
be a lien in favor of the Commonwealth upon the real and personal
property of the person after the lien has been entered and docketed
by the prothonotary of the county where the property is located.
Any person aggrieved by this action may appeal, pursuant to
Section 4 of the Environmental Hearing Board Act, 35 P.S. Section
7514; and the Administrative Agency Law, 2 Pa. C.S., Chapter 5A to
the Environmental Hearing Board, P. O. Box 8457, 400 Market Street,
Harrisburg, PA 17105-8457, 717-787-3483. TDD users may contact the
Board through the Pennsylvania Relay Service, (800) 654-5984.
Appeals must be filed with the Environmental Hearing Board within
30 days of receipt of written notice of this action unless the
appropriate statute provides a different time period. Copies of
the appeal form and the Board's rules of practice and procedure may
be obtained from the Board., The appeal form and the Board's rules
of practice and procedure are also available in Braille or on
audiotape from the Secretary to the Board at 717-787-3483. This
paragraph does not, in and of itself, create any right of appeal
beyond that permitted by applicable statutes and decisional law.
Dated: :3/18/1999
&i'
/s/
David J. Allard
Director
Bureau of Radiation
Protection
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IN THE
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Plaintiff
Docket No.
vs.
Term,
JA V AD BIGDELI
1212 WOODBINE AVENUE
PENN VALLEY, PA 19072,
Defendant
PRAECIPE FOR APPEARANCE
To The Prothonotary Of Said Court:
Kindly enter my appearance on behalf of the plaintiff, Commonwealth of
Pennsylvania, Department of Environmental Protection.
~-4 ,U/~
Stuart M. Bliwas
Assistant Counsel
Attorney ID #10242
Commonwealth of Pennsylvania
Dept of Environmental Protection
Office of Chief Counsel
General Law Division
P.o. Box 8464
Harrisburg, P A 17105-8464
(717) 787-1956
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IN THE
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Plaintiff
Docket No.
vs.
JA V AD BIGDELI
1212 WOODBINE AVENUE
PENN VALLEY, P A 19072.
Defendant
CERTIFICATE OF RESIDENCE
I hereby certify that the name and address of the person to receive notice of this
judgment, or last knoWn address of the defendant is:
JA V AD BIGDELI
1212 WOODBINE AVENUE
PENN VALLEY, P A 19072
~~,~
Stuart M. Bliwas
Assistant Counsel
Attorney ID #10242
Dept of Environmental Protection
Office of Chief Counsel
P.O. Box 8464
Harrisburg, P A 17105-8464
(717) 787-1956
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WRIT OF EXECUTION and/or ATTACHMENT
.COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO'01 321Q CIVIL lIK TERM
CIVIL ACTION - LAW -
TO THE SHERIFF OF Cumberland
,
COUNTY:
To satisfy the debt, interest and costs due Carmonwealth of Pennsylvania Department of
Environmental Protection
PLAINTlFF(S)
from ,]nvnc1. Bi.gdel i
2471 N 54th Street, Suite 240. Philadelphia, Pa. 19131
DEFENDANT(S)
(1) You are directed to levy upon fhe property of the defendant(s) and to sell
(2) You are also directed to allach fhe property of the defendant(s) not levied upon in the possession of
ThE> PE>nnsylvania Dental Service Co~ration t/a Delta Dental of pennsylvania
1 Delta Drive, Mechanicsburg, Fa. 55
united-.Concordia_DentaLPlani'Lof....l?ennaylwmin Tnc. lROO C;pntE>r Street
Camp Hill, Pa. 17089 (;II.RNTSHRRS "8 fn11nw8: 11.11 PTYlPf'rty of the above named defendant
including. without limitation, all savinqs and checkinq accounts, ~S) as follows:
c"rtificates of de,posit. depqsits and all debts and other obliqations CMinq frem the above
!mlWRn~€85ff1i~eetmh~f!ta'f\f~~~~~fW~'W~e.n issued; (b) fhe garnishee(s) is/are enjoinel:l from paying any
debt to or for fhe account of fhe defendant(s) and from delivering any property of fhe defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to allachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garniSheE! alld is enjoined as above
stated.
L.L.
Due Prothy
Other Costs
$0.50
Amount Due $6,240.00
~tp pf 6 percent per annum fran 5/25/01
ems C 121.80
Ally's Comm %
Ally Paid n _ ')0
Plainfffl Paid
1 00
Dale: Octoh"r 2. 2001
Curtis R. Lonq
Prothonotary, Civil Division
by 1y'~ t2 ~
Deputy
REQUESTING PARTY'
Commonwealth of Penna.
Name Stllnrt M. Bliwas.Esq..
Dept of Environmental Protection
Asst. Counsel
Address:
p Q ~"fl,4h4
Hnrrishlrg. Fa. 17105-8464
Attorney for: Plaintiff
Telephone: (717) 787-1956
Supreme Court 10 No.
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R. Thomas Kline,Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
SurchMge 30.00
Levy 40.00
Post Pone Sale
Garnishee
18.00
2.33
.50
1.00
9.10
18.00
11!'!,\'!i3
Sworn and Subscribed to before me
this lb ~ day of0 P"{
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2002 A.D. ~. _ a. 'J1.ldh.,,~
pr onotary
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Advance Costs:
Sheriff's Costs:
150.00
118.93
31. 07
Refunded to Atty on 7/1/02
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Plaintiff
v.
No. 2001-03219
JAVAD BIGDELI
2471 N 54TH STREET, SUITE 240
PHILADELPHIA, PA 19131
Execution No.
Defendant
and
THE PENNSYLVANIA DENTAL SERVICE
CORPORATION T/A DELTA DENTAL OF
PENNSYLVANIA
1 DELTA DRIVE
MECHANICSBURG, PA 17055
and
UNITED CONCORDIA DENTAL PLANS OF
PENNSYLVANIA, INC.
1800 CENTER STREET
CAMP HILL, PA l7089
Garnishees
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY: Issue Writ of Execution in the above
matter,
(I) Directed to the Sheriff of Cumberland County,
Pennsylvania;
(2) against Javad Bigdeli,
defendant(s) ;
(3) and against The Dental Service Corporation t/a Delta
Dental of Pennsylvania, and United Concordia Dental Plans of
Pennsylvania, Inc.
garnishee (s) ;
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as a lis pendens against the real property of the defendant(s) in
the name of the garnishee(s} as follows:
All property of the above named defendant,
including, without limitation, all savings
and checking accounts, certificates of
deposit, deposits and all debts and other
obligations owing from the above named
garnishee to the above named defendant.
Amount Due:
Interest at a rate of 6 percent per annum from
May 25, 2001
(Costs To Be Added By Prothonotary)
$ 6,240.00
$ 124.80
Total amount due with costs as endorsed hereon
$
$
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Stuart M. Bliwas, Assistant Counsel
Attorney for Plaintiff
Commonwealth of Pennsylvania
Dept of Environmental Protection
General Law Division
P.O. Box 8464
Harrisburg, PA 17105-8464
(717) 787-1956
Dated: (-V$-O I
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2001-03219 P
-CO~ONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ENVIRONMENTAL PROTECTION DEPT
VS
BIGDELI JAVAD
And now GERALD WORTHINGTON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:20 Hours, on the 3rd day of October , 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
BIGDELI JAVAD
, in the
hands, possession, or control of the within named Garnishee
UNITED CONCORDIA DENTAL PLANS OF PENNSYLVANIA INC
1800 CENTER ST
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
SALLY MCCOY (PARALEGAL)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
.00
.00
.00
.00
.00
.00
00/00/0000
Sworn and subscribed to before me
this i;;""5 day of C9~
..J_l A.D.
(l,'i"o (J /J.-"PU", J~7;(
~~onotary I
BYA~W~
Deputy S iff
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SHERIFP'S RBTURN - GARNISHEE
CASE NO: 2001-03219 P
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COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ENVIRONMENTAL PROTECTION DEPT
VS
BIGDELI JAVAD
And now GERALD WORTHINGTON
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:25 Hours, on the 3rd day of October ,2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
BIGDELI JAVAD
in the
hands, possession, or control of the within named Garnishee
THE PENNSYLVANIA DENTAL SERVICE CORP., T/A DELTA
DENTAL OF PENNSYLVANIA I DELTA DRIVE
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by handing to
KIM MCCOY (PERSONNEL MGR)
personally three copies of interogatories together with 3
true
and attested copies of the within WRIT OF EXECUTION
and made
the contents there of known to Her .
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
So answers:
~~'i1"~a6
R. Thomas Klin~ ' ~
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed to before me
By ~L,)~
. Deputy eriff
this /.2- g;> day of (p.~
.:Mer A.D.
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Pr t onotary I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Plaintiff
v.
No. 2001-03219
JAVAD BIGDELI
2471 N 54TH STREET, SUITE 240
PHILADELPHIA, PA 19131
Execution No.
Defendant
and
THE PENNSYLVANIA DENTAL SERVICE
CORPORATION T/A DELTA DENTAL OF
PENNSYLVANIA
I DELTA DRIVE
MECHANICSBURG, PA 17055
UNITED CONCORDIA DENTAL PLANS OF
PENNSYLVANIA, INC.
ISOO CENTER STREET
CAMP HILL, PA 170S9
Garnishees
ANSWERS TO
INTERROGATORIES IN ATTACHMENT
THE PENNSYLVANIA DENTAL SERVICE CORPORATION T1A DELTA DENTAL
OF PENNSYLVANIA
To: The Pennsylvania Dental Service Corporation t/a Delta Dental
of Pennsylvania and United Concordia Dental plans of
Pennsylvania, Inc.,
(Garnishees)
You are required to file answers to the following
interrogatories within twenty (20) days after service upon you.
Failure to do so may result in judgment against you:
.
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I. At the time you were served or at any subsequent time
did you owe the defendant any money or were you liable to him on
any negotiable or other written instrument, or did he claim that
you owed him any money or liable to him for any reason? If so,
state the exact amounts.
ANSWER:
No.
2. At the time you were served or at any subsequent time
was there in your possession, custody or control or in the joint
possession, custody or control of yourself and one or more other
persons any property of any nature owned solely or in part by the
defendant? If so, describe all such property with specificity
and give the exact locations thereof.
ANSWER:
No.
3. At the time you were served or at any subsequent time
did you hold legal title to any property of any nature owned
solely or in part by the defendant or in which a defendant held
or claimed any interest? If so, describe all such property with
specificity and give the exact locations thereof.
ANSWER:
No.
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4. At the time you were served or at any subsequent time
did you hold as fiduciary any property in which the defendant
held an interest? If so, describe all such property with
specificity and give the exact locations thereof.
ANSWER:
No.
5. At any time before or after you were served did the
defendant transfer or deliver any property to you or to any
person or place pursuant to your direction or consent and if so
what was the consideration thereof? If so, describe all such
property with specificity, give the exact locations of all such
property and describe with specificity, all such consideration,
including, without limitation, the exact amounts.
ANSWER:
No.
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6. At any time after you were served did you pay, transfer
or deliver any money or property to the defendant or to any
person or place pursuant to his direction or otherwise discharge
any claim of the defendant against you? If so, give the exact
amounts and describe all such property with specificity,
including the exact location thereof.
ANSWER:
No.
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7. Describe, in detail all accounts receivable, contract
rights, and other obligations, whether pecuniary or not, owing
from you to defendant, and describe in detail, all documents and
other papers which pertain, relate to. or evidence such accounts
receivable, contract rights and other obligations. including but
not limited to the dates, individual signers, and specific
contents of all such documents and other papers. Attach to your
answer to these interrogatories copies of all documents and other
papers which have been described in your answer to interrogatory
No. 7
ANSWER:
Delta does not have any claims from Dr. Javad Bigdeli, nor does Delta owe Dr.
Javad Bigdeli any money for claims incurred to date. A copy of Dr. Javad
Bigdeli's participatin9 dentist agreement with Delta is attached.
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Stuart M. Bliwas, Assistant Counsel
Attorney for Plaintiff
Commonwealth of Pennsylvania
Dept of Environmental Protection
Office of Chief Counsel
General Law Division
POBox 8464
Harrisburg, PA 17105-8464
717-787-1956
Dated: f --- VO ~cJ/
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VERIFICATION
Understanding that false statements herein are made subject
to the penalties of IS Pa. C.S. ~ 4904, relating to unsworn
falsification to authorities. I verify that I Whitney Sherbocker
(name of person signing verification) am an authorized
The Pennsylvania Dental Service Corporation t/a
representative of't'fi'e Delta Dental of Pennsylvania, ~J't, garnishee,
that I hold the title of Manager, Administration
, and that the
facts set forth in answers to Interrogatories in Attachment are
true and correct to the best of my knowledge, information and
belief.
~.c&)
Dated: oel-: Ii-I 2001
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PARTICIPATING DENTIST AGREEMENT
This AGREEMENT made the day of by and between Delta Dental of Pennsylvania,
hereinafter ,called Delta, and the undersigned, hereinafter called Dentist. Delta groups or Delta
subscribers hereinafter mean either groups or subscribers under contract to. or covered by contracts
with Delta, or another Delta Dental Plan for which Delta is providing administrative services.
1.. When this agreement bec.omes e.ffective, Dentist shall be a Participating Dentist of Delta
and shall be duly registered a s such.
2. Dentist shall be eligible to become and entitled to vote for a Director of Delta for his
district and to participate in the utilization review program of Delta.
3.
of Delta.
Dentist shall receive a Participating Dentist Manual describing practices and procedures
4. Delta shall make every effort to increase the number of Delta groups in Dentist's
District, and, to consult with Dentist with regard to potential groups.
5. Dentist ,shall submit to Delta an initial Confiden,tial Fee Listing and may file additional
Confidential Fee Li:stings ....henever he makes a general revision of his fees, certified by him to be
current and consis~ent with charges gener~lly made by him in his pr.actice, which filing shall be
used periodically by Delta to calculate the Usual, Customary and Reasonable Fee of Dentist.
6. Dentist shall submit claims on a claim form from which Delta shall verify eligibility and
coverage. If a cIai'm for covered services is for an amount in excess of a sum determined by Delta,
a prerequisite for approval, but not to the detriment of the subscriber, shall be that Dentist submit
a claim form to Delta for predetermination of eligibility and coverage before he provides the service
for which claim will be made.
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7. Delta shall provide prompt claim service to the extent that, unless special review is
warranted, payment shall be made by Delta ....ithin thirty (30) days of receipt of an approved claim,
and if not so paid within thirty (3D) days, Delta shall furnish written notice of the reason for
non-payment: . '
B. Delta shall make every effort to assure that Dentist shall have ready access to its offices
and personnel during business hours ....ith regard to claims and .the operating procedures of Delta.
9. Delta subscribers shall be treated ....ith the same quality and charged consistent ....ith the
balance of Dentist's practice. All services provided on behalf of Delta shall be in accordance with
the best dental practice in the community at the time, with regard to quality of service and
appropriateness of treatment.
10. Dentist shall accept as full payment for services provided to Delta subscribers his
charged fee, not to exceed his Usual, Customary and Reasonable fee as calculated by Delta from his
filed fee and those of other Participating Dentists of Delta.
11. For services provided to a Delta subscriber covered as a benefit in a Delta group
contract for the subscriber, Dentist shall only charge the subscriber the difference, if any, bet......een
the payment made by Delta for such service and the Usual, Customary and Reas6nable fee for such
service, as calculated by Delta, or the actual fee charged, whichever is less and shall not charge
or accept an additional amount for such services.
12. Services are not covered by Delta when quality or appropriateness of treatment are
deleterious to the subscriber's health, as measured by the best dental practice in the community at
the time. Dentist shall not charge subscriber until services do meet such community standard.
13. Dentist shall, receive all payments' fl'om Delta for service to Delta subscribers directly
from Delta.
14. Dentist shall cooperate '-nth Delta in its claims evaluation activities and with the Dental
Affairs Committee in its assigned functions, and be bound by the terms and conditions of the Bylaws
of Delt. as they apply to the obligations of Delta to its subscribers and receipt of a copy of the
Bylaws is here......ith acknowled~ed by Dentist.
,
i~~~ilhffl;m~~iilli;\W_!!il",il,-;jI:!I,k"W;<~';:;,~1l-W",~~\",''''';fh;A:;jti"-,'f!'bM,)HH;,:;ith)',j$;l;,.,i:&;i~..;l;iiiU;~iilliaii~~~l!li.ll!ilJj 'Iillil>lliti~ -<
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15. Dentist will cC1ffiply ,,:with Title VI of the Civil Rights Act of 1965 (P. L. 81>-352) and the
Regulations of the Office of, ECj1I1C1ffiic Opportunity issued pursuant to that Title (45 C.F.R. Part 1010)
and all simil~r laws to th~ en~ that no person shall. on the grounds of race. color, or national
origin. be ex,c::luded from p,rt~c:~pation In9 be denied the benefits of. or be otherw-ise subjected to
discrimination: under any ptogr,~;m or activity to which Delta subscriber is entitled. Dentist hereby
gives assuranCe tnat he will imm~diately take any measures to effectuate this Section.
16. Tht term of this Ag,teement shall be one year from its effective date and the Agreement
shall be renewable from year to year upon compliance with its provisions.
17. Delta may terminate this Agreement only with the approval of the Pennsylvania
Department of Health.
18. Dentist may terminate this Agreeme.nt on thirty (30) days written notice to Delta.
19. In the event Dentist terminates this Agreement while providing services to a Delta
subscriber, the Agreeme-nt shall not terminate as to those services until they are completed and
payment on aCcount of them has been made by Delta.
20. This. Agreement s.hall be effective only on receipt by Delta, of an initial Confidential Fee
Listing from Dentist.
IN WITNJ2SS WHEREOF, on the day and year first above written, the parties hereto, their heirs,
administrators, successors and assigns, hereto agree to be bound hereby.
DENTIST:
DELTA DENTAL OF PENNSYLVANIA
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Signature
_~ 'B~~J-.
President
TAV"AC
Please Print
ts}"G-~~L.t
Name
\)~ - Cl2.'12/4 _L
PA License No.
CM 198305
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CERTIFICATE OF SERVICE
AND NOW, this Jr day of October, 2001, I, Whitney Sherbocker, of The Pennsylvania
Dental Service Corporation tJa Delta Dental of Pennsylvania, hereby certify that I have this day
served a true and correct copy of the foregoing Answers to Interrogatories in Attachment by first
class mail, postage prepaid, addressed to the parties or counsel of record as follows:
Stuart M. Bliwas, Assistant Counsel
Commonwealth of Pennsylvania
Department of Environmental Protection
Office of Chief Counsel
General Law Division
P. O. Box 8464
Harrisburg, PA 17105-8464
DELTA DENTAL OF PENNSYLVANIA
By:
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