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HomeMy WebLinkAbout01-04149 .a~ , COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff v JOHN T. SCHULD; D.C. 6609FRANKFORD AVENUE PHILADELPHIA, PA 19135 Defendant w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t Docket No.: O ~' ~~L, (..,t-tp~ ` Date Entered: CERTIFIED COPY OF LIEN To the Prothonotary of Said Court: Pursuant to Section 3O8(e) of the Radiation Protection Act, Act of July 10, 1984, P.L. 688, 35 P.S. § 7110.3081e1; this is a Certified Cdpy of Lien for civil penalties to be entered of record by you and indexed as judgments are indexed. Date of Final Amount of Assessment Assessment 01/13/95 51,560 01/07/99 51,560 01/07/99 51,560 01/07/99 51,560 01/07/99 51,560 Amount Paid (if an Total Due 51,560 51,560 51,560 51,560 51,560 Total 57,800 Filing Fee The undersigned certifies that the above civil penalties are due and payable under the provisions of the Radiation Protection Act, pursuant to Section 308(e) of said law,35 P.S. § 710.3081e),a copy of said assessment or assessments are attached hereto and made a pant 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. ~- Zr-O~ Date David J. Allard, Director Bureau of Radiation Protection Department of Environmental Protection ORIGINAL TO BE RETAINED BY PROTHONOTARY I r.,.~,.'~.'~sWeC'~~.,m~t~~~lstu~~ee~ussa~t~.. _w. ~:. ~_.a, ~., .~.,~a~hx~~-%k~'ar~vfriooarhN~SSi:maom+mao-~an 4I ~ U O ~ L T a N C 3 U O ~ N a+ L a ° d°' c ~ c '~ a ~ y o E~ N E mm ~ ~ m ~ dco ~ O a` > ' v m d ~ w N y d d~ W ~ C ~' O N O Y a C L N E N L U ~+ ~p 0I y 0 W' O dp ~ arc 0 0 c~ c > i c ~ ~ F v j vO d ~ c ~ o m r . a O N ~+ N :~= C p N L 67 C O C ' ~ (J ++ N 01 N ~; i -o 'N a X 0 3 ~ E ~ p ~ Cp w y~~ ~° ~ o m N n '~ ~ L c~ u a ~+ ~ a m o a p ` r o m o m ., o c~« o y m ~' o Q m `m .. da N O d ~ 2 F ~ U ~ c a O ' ~ N N (` ) I L l p ' C N J ZN F-LL ~ QS] C N G ~p N ~ ~ O N ~ ~ d C > ~ O a CE C C > d~ > M E E > N p °' U C > m o ~ o ~ ~ Q V p Lw .DaQ o U ~ m~ b o a t..~ a .. d N C C V Y c0 N Ua Z c oEc"i ~°' " ma d w E e+: ~ v rn "~ Y o E a ` L O m ~U m ~ D o d a UO ~cNOd m 0 c 0 L O a y . z COMMONWEALTH OF PENNSYLVANIA PARTMENT OF ENVIRONMENTAL REST BUREAU OF RADIATION PROTECTIO] CERTIFIED MAIL In the Matter of: JOHN T. SCHULD, D.C. Notice of Civil Penalty Assessment ID¢05-36195 The Commonwealth of Pennsylvania, Department of Environmental Resources ("Department") assesses a civil penalty as follows: 1. JOHN T. SCHULD, D.C. is a CHIROPRACTOR doing business at 6609 FRANKFORD AVENUE, PHILADELPHIA PA 19135. 2. JOHN T. SCHULD, D.C. owns and operates one or more radiation-producing machines containing 1 tube(s). 3. Pursuant to 25 Pa. Code promulgated pursuant to Sections Protection Act, 35 P.S. Sections JOHN T. SCHULD, D.C. is required of the invoice, an annual fee in re-registration of the radiation Section 218.11, which was 301 and 401 of the Radiation 7110.301 and 7110.401, to pay, within 15 days of receipt the amount of $175.00 for -producing machines. 4. On JULY O1, 1994, the Department mailed a radiation source invoice to JOHN T. SCHULD, D.C. advising that an annual registration fee for radiation-producing machines in the amount of $175.00 was due and owing to the Department within 15 days from the date of receipt of the invoice. 5. On OCTOBER 14, 1994, the Department mailed a letter to JOHN T. SCHULD, D.C. again requesting payment of the fee. 6. On NOVEMBER 07, 1994, the Department mailed to JOHN T. SCHULD, D.C. a Notice of Violation advising that failure to pay the required annual registration fee is a violation of the Radiation Protection Act and regulations promulgated thereunder. 7. Despite repeated demands, JOHN T. SCHULD, D.C. has failed to pay the required registration fee. 8. Pursuant to the Department's authority under Section 308 of the Radiation Protection Act, 35 P.S. Section 7110.308, the Department hereby assesses a civil penalty in the amount $1,560 against JOHN T, SCHULD, D.C.. 1 9. The amount of the civil penalty was calculated as follows: a. Severity classification: Level III b. Culpability classification: Negligent c. Base assessment: $1,560 d. Total civil penalty assessment: $1,560 Payment of the delinquent fee of $175.00 and the civil penalty of $1,560 should be made by means of certified check or money order ~ the amount of 51735.00 made payable to Department of Environmental Resources and sent to Division Chief, Radiation Control Division, Bureau of Radiation Protection, P.O. Box 8469, Harrisburg, PA 17105-8469. The Department reserves its right to assess additional civil penalties for JOHN T. SCHULD'S continuing 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 it has been entered and docketed by the prothonotary of the county where the property is located. f 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, 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. William P. Dornsife Director Bureau of Radiation Protection Dated: ~~~~ti~,{ ~~ ~'Ct ~~ 2 COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF 'RADIATION PROTECTION CERTIFIED MAIL z 193 637 822 In the Mat"ter of: John T. Schuld, D.C. 6609 Frankford Avenue,Philadelphia, PA 19135 I.D. #05-36195 Notice of Civil Penalty Assessment The Commonwealth of Pennsylvania, Department of Environmental Protection ("Department") assesses a civil penalty as follows: A. John T. Schuld,. D.C. is. an D.C. doing business at 6609 Frankford Avenue, Philadelphia, PA ,19135. B. John T. Schuld, D.C. owns and operates one or more radiation-producing machines containing tube(s). C. On May 9, 1997, the Department mailed a radiation source invoice to John T. Schuld, D.C., advising that an annual registration fee for radiation-producing machines in the amount of $175 for 1995 was due and owing to the Department within 15 days from the date of receipt of the invoice. D. On March 24, 1998, the Department sent John T. Schuld, D.C., 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 20, 1998, the Department mailed to John T. Schuld, D.C., 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, John T. Schuld, D.C. is required to pay, within 15 days of receipt of the invoice, an annual fee in the amount of $175 for re-registration of the radiation-producing machines. G. Despite repeated demands, John T. Schuld, D.C. 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 John T. Schuld, D.C., a civil penalty in the amount of $1560.00. ~ r 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 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) 767-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law. Dated: J/7/i~Q /s/ / Keith C. Kerns Acting Director Bureau of Radiation Protection • COMMONWEALTH OF PENNSYLVANIA ,. ~ DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF RP.DIATION PROTECTION CERTIFIED MAIL z 193 637 823 In the Matter of: John T. Schuld, D.C. 6609 Frankford Avenue,Philadelphia, PA 19135 I.D. #05-36195 Notice of Civil Penalty Assessment The Commonwealth of Pennsylvania, Department of Environmental Protection ("Department") assesses a civil penalty as follows: A. John T. Schuld, D.C. is an D.C. doing business at 6609 Frankford Avenue, Philadelphia, PA 19135. B. John T. Schuld, D.C. owns and operates one or more radiation-producing machines containing tube(s). C. On May 9, 1997, the Iepartment mailed a radiation source invoice to John T. Schuld, D.C., advising that an annual registration fee for radiation-producing machines in the amount of $175 for 1996 was due and owing to the Department within 15 days from the date of receipt of the invoice. D. On March 24, 1998, the Department sent John T. Schuld, D.C., 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 20, 1998, the Department mailed to John T. Schuld, D.C., 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, John T. Schuld, D.C. is required to pay, within 15 days of receipt of the invoice, an annual fee in the amount of $175 for re-registration of the radiation-producing machines. G. Despite repeated demands, John T. Schuld, D.C. 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 John T. Schuld, D.C., a civil penalty in the amount of $1560.00. 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 monev 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 5A to the Environmental Hearing Board, P. 0. Box 8457, 400 Market Street, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (600) 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 CI 1 /s/ 1 \ ~'~, ` ~ \ \ ~ ~y V / Keith C. Kerns Acting Director Bureau of Radiation Protection COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION ' BUREAU OF• RADIP,TION PROTECTION CERTIFIED MAIL z 193 637 824 In the Matter of: John T. Schuld, D.C. 6609 Frankford Avenue,Philadelphia, PA 19135 I.D. #05-36195 Notice of Civil Penalty Assessment The Commonwealth of Pennsylvania, Department of Environmental Protection ("Department") assesses a civil penalty as follows: A. John T. Schuld, D.C. is an D.C. doing business at 6609 Frankford Avenue, Philadelphia, PA 19135. B. John T. Schuld, D.C. owns and operates one or more radiation-producing machines containing tube(s). C. On May 9, 1997, the Department mailed a radiation source invoice to John T. Schuld, D.C., advising that an annual registration fee for radiation-producing machines in the amount of $175 for 1997 was due and owing to the Department within 15 days from the date of receipt of the invoice. D. On March 24; 1998, the Department sent John T. Schuld, D.C., 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 20, 1998, the Department mailed to John T. Schuld, D.C., 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, John T. Schuld, D.C. is required to pay, within 15 days of receipt of the invoice, an annual fee in the amount of $175 for re-registration of the radiation-producing machines. G. Despite repeated demands, John T. Schuld, D.C. 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 John T. Schuld, D.C., a civil penalty in the amount of $1560.OU. :. I. The amount of the civil penalty was calculated as follows: a. Severity classification: Level TII 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 17105-6455. 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 5A to the Environmental Hearing Board, P. 0. 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. r Dated: 1 7 q ~ /s/ ~~'~ ~ ~ ~~~~ / / Keith C. Kerns Acting Director Bureau of Radiation Protection COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF FrNVIROZIMENTAL PROTECTION BUREAU OF RADIATION PROTECTION CERTIFIED MAIL z 193 637 825 In the Matter of: John T. Schuld, D. C'. 6609 Frankford Avenue,Philadelphia, PA 19135 I.D. #05-36195 Notice of Civil Penalty Assessment The Commonwealth of Pennsylvania, Department of Environmental Protection ("Department") assesses a civil penalty as follows: A. John T. Schuld, D.C. is an D.C. doing business at 6609 Frankford Avenue, Philadelphia, PA 19135. B. John T.' Schuld, D.C. owns and operates one or more radiation-producing machines containing tube(s). C. On June 6, 1998, the Department mailed a radiation source invoice to John T. Schuld, D.C., advising that an annual registration fee for radiation-producing machines in the amount of $175 for 1998 was due and owing to the Department within 15 days from the date of receipt of the invoice. D. On September 30, 1998, the Department sent John T. Schuld, D.C., 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 15, 1998, the Department mailed to John T. Schuld, D.C., 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, John T. Schuld, D.C. is required to pay, within 15 days of receipt of the invoice, an annual fee in the amount of $175 for re-registration of the radiation-producing machines. G. Despite repeated demands, John T. Schuld, D.C. 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 John T. Schuld, D.C., a civil penalty in the amount of $1560.00. .~_. 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 5A to the Environmental Hearing Board, P. 0. 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. °-~-,t~ c , r \ ~-~n,,~~-- Dated: I/7~9q /s/ ""~'""~ 1 Keith C. Kerns Acting Director Bureau of Radiation Protection Ja .zy et_'ateleuc~G 'a~e.x.R*rs'~a'13:W3mWehumsae. ..-.-n'a ~, as rte:.-_~ b.~~~,-~sf.+dutlPoa~mtrnsx+5e~~t~. - - -"'YXd4HdMY id'~. ".,. •°•`81Y59~W '-i 1 r . ~~ ~~ ~- Q 1. ~ ~_~ s -~)~ _ -. „~ i ~ ._ ~~ cs c - ". .~ ~ ~ W :~ . w 00 _`, .~ __ ~,, z ~ ~ © ~S --r-~ ~o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff vs. Term JOHN T SCHULD, D.C. 6609 FRANKFORD AVENUE PHILADELPHIA, PA 19135 Defendant PRAECIPE FOR APPEARANCE Docket No. # 01 - T I I ~ ~t ~~ l To the Prothonotary of Said Court: Kindly enter my appearance on behalf of the plaintiff, Commonwealth of Pennsylvania, Department of Environmental Protection. _~d~ ~~"K ~ ~i~~ Stuart M. Bliwas Assistant Counsel Attorney ID #10242 Commonwealth of Pennsylvania Department of Environmental Protection Office of Chief Counsel General Law Division P.O. Box 8464 Harrisburg, PA 17105-8464 (717)787-1956 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff Docket No. ~ o ~` y I~ 9 ~' I l l vs. JOHN T. SCHULD, D.C 6609 FRANKFORD AVENUE ~ `-° PHILADELPHIA, PA 19135 -~? ~' , ., ~ : ,- Defendant -' ~' '-' ~ i- n:_ CERTIFICATE OF RESIDENCE _~ ~ . -~ E C3 ' ; 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: JOHN T. SCHULD, D.C. 6609 FRANKFORD AVENUE PHILADELPHIA, PA 19135 Stuart M. Bliwas Assistant Counsel Attorney ID #10242 Dept. of Environmental Protection Office of Chief Counsel P. O. Box 8464 Harrisburg, PA 17105-8464 (717)787-1956