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HomeMy WebLinkAbout01-06986 ~ll. ~tC_,? _,_, " '~_:itil~'i:;!'i. YVONNE BEARD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, No. Dl- ts,9f6 8-0~l '-r~ vs. THE PMA GROUP, Respondent. CIVIL ACTION - LAW ORDER AND NOW, this day of ,2001, upon consideration of the Petition to hold Respondent, The PMA Group, in contempt for willfully disobeying a subpoena issued by Workers' Compensation Judge Michael R. Hetrick, the Respondent is hereby ordered to produce all the records subpoenaed by the Petitioner within _ days hereof or otherwise be hold in contempt oftbis Court. BY THE COURT, , J. - - "-~ ;--,,--~ (,- '-- ,- - --,- -,- _,,,,,,,*"_ - -r -" ,. _ '" ,-",;~,,,_-_, . ,'" r '" . _~ ,~__,__ ,C ~ - ,~ " YVONNE BEARD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, No. D~ - /s;, Citro '/ c. Ltu'J. J~~ vs. THE PMA GROUP, Respondent. CIVIL ACTION - LAW RULE AND NOW, this I r' day of '))~ ,2001, upon consideration of the Petition to hold Respondent, The PMA Group, in contempt for willfully disobeying a subpoena issued by Workers' Compensation Judge Michael R Hetrick, a RULE is hereby issued directing Respondent to show cause, if any, why the relief requested should not be granted. Rule returnable within 2-0 days of service. BY THE COURT, .4t4 , J. jJ O{l-J ; n -1f) ~lJ !l1.~:LO'O I. L"~ ';;..". ",',__.'-. _~ , " , ___'''''~;' ~,,- ,"-' , ,.> -I -~ _.IT' M .~ ~~. . 0" .' d '~~_'~.~~~NiM';Wt0i!li~'Mi}"!fi\i'~i;l1<.'it.1&MIi'i*~'IllM;~Wil!~'-'.";' , ~. '-'"~,~" <ml' '-i""""'" " / I,!' nr:'r' j ,~. r". J,~, Ii"' ;:'1 , Ii CU/V~i~~_::",i~'i," \...: i jJij"\ll)~\LV/\,\ "'J; """,_ "~"W' _~ <""'_?'.'",-,, ~,~ .,".< ~'M_~_~,.~ ."., ,," ~__,~ - Co>" _, _,~. "" ~ ",-~, "',""'_-"",,~,,- -- "'~- " ~ ~ " ILt __h. O"~~ -'."""",' ~. fS BH YVONNE BEARD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, No. 01- &'9f6 ~Q:,l~~ vs. THE PMA GROUP, Respondent. CIVIL ACTION - LAW PETmON OF YVONNE BEARD TO HOLD TIlE PMA GROUP IN CONTEMPT FOR WILLFULLY DISOBEYING A SUBPOENA ISSUED BY WORKERS' COMPENSATION JUDGE MICHAEL R. HETRICK NOW COMES the Petitioner, Yvonne Beard, by and through her attorneys, TOMASKO & KORANDA, P.C., and hereby Petitions this Honorable Court as follows: 1. The Petitioner, Yvonne Beard is an adult individual residing at 536 Wilson Court, York, YorkCounty,Pennsylvania, 17403. 2. The Respondent, PMA Capital Corporation, a parent company utili~ the name "The PMA Group," is a corporation authorized and existing under the laws of the Commonwealth of Pennsylvania, having its principle place of business at 380 Sentry Parkway, Blue: Bell, P A 19422-0754. The Respondent's servicing records/billing office is located at 1651 Cedar Crest Blvd., Allentown, Pennsylvania. The Respondent's local service center is in Lemoyne, Cumberland County, Pennsylvania. The Respondent is the duly authorized workers' compensation insurer for Commissioners fur York County, 118 Pleasant Acres Road, York, York County, Pennsylvania 17402. 3. On or about June 26, 1992, the Petitioner suffered a work-related injury during the scope and course of her employment with Commissioners for York County. -~i~0'=__~_.__' _~__,"., [e,..": ~f.,-,?'11""'!fh--_-e,' ;"'_, ,<~'_'::<'-"_11"'f,~."_,"Ti'._-,_ "<,_ ..T_I__'"1 " . _ r _.e ,. .""' '_ 4. Since the date of injury, the Petitioner has been receiving certain workers' compensation benefits from the Respondent. 5. The Petitioner's future entitlement to workers' compensation benefits is presently in litigation before Workers' Compensation Judge Michael R. Hetrick. Numerous hearings have already been held during the course of this lengthy litigation, and additional hearings may take place in the future. 6. On August 28, 2001, the Petitioner served a subpoena issued by Judge Hetrick upon the Respondent. The subpoena directed the Respondent to produce certain documents pertinent to future workers' compensation hearings by no later than September 12" 200 I. A true and correct copy of the subpoena and transmittal letter is attached hereto as "Exhibit A" and is incorporated herein. 7. A workers' compensation judge has the power to issue subpoenas to require the production of documents "pertinent to any hearing." 77 P.S. ~992. 8. The Respondent has failed to produce the requested documents on or before September 12, 2001. Instead the Respondent merely provided Petitioner's counsel only with two (2) payments screens along with limited medical billing records and office notes. 9. By letter dated, October 3, 2001 counsel for the Petitioner advised counsel for the Respondent that additional documentation was needed to be supplied consistent with the subpoena request in order to understand the two payment screens provided by the Respondent. A true and correct copy of the October 3, 2001 letter to counsel for the Respondent is attached hereto as "Exhibit B" and is incorporated herein. 10. On October 17,2001, counsel for the Petitioner again requested additional -2- ~~J!-,.,._"_. ,",,'-,' 0 --~ ,,_.,_,;-->,..,~., '''"_~ c."-,,_ e--:-_r_. -__-_~"__,_"'''_, .____"I_,_~"" " r. o. ._ information consistent with the subpoena request in order to decipher the payment screens provided by Respondent. II. To date, the Respondent has willfully and intentionally refused to comply with the subpoena. 12. Under the Pennsylvania Workers' Compensation Act ("Act"), a workers' compensation judge does not have the power to enfurce his or her subpoenas. Instead, Section 436 of the Act grants such power to the Court of Common Pleas: Any witness who refuses to obey such summons or subpoenas, ... may be punished as for contempt of court, and, for this purpose, an application may be made to any court of common pleas within whose territorial jurisdiction the offense was committed, for which purpose such court is hereby given jurisdiction. 77 P.S. ~ 992. 13. Therefore, this Honorable Court is therefore vested withjurisdictiolll to hold the Respondent in contempt for willfully disobeying the subpoena. Id. This Honorable Court is also vested with jurisdiction to fashion an appropriate order enforcing the subpoena. See Crucible. Inc. v. W.C.A.B. (Berdine), 83 Pa. Cmwlth. 459, 477 A.2d 904 (1984). 14. The Respondent's dehberate failure to comply with the subpoena has substantially prejudiced the Petitioner's rights in the workers' compensation litigation. In addition, the Respondent's actions have caused the Petitioner to incur otherwise unnecessary costs and attorney's fees associated with this Petition. WHEREFORE, the Petitioner respectfully requests the following: (a) That the Respondent be held in contempt for its willful disobedience of the subpoena; -3- I,;.>~:" "'>,.-" ""'C~C""-V'~ 'j._., ,_ ,,-,,~"_ ~>_;7" __;,~ '-_-',~~. '_'.."'<_ _"'_"""".'_ . . - f)H,... (b) That the Respondent be ORDERED to comply with subpoena immediately; ( C) That the Respondent be ORDERED to pay the Petitioner reasonable costs and attorney's fees incurred in connection with the instant Petition; and (d) Any other re1iefthat is deemed necessary or just. TOMASKO 219 State S Harrisburg, Telepholl! Attorney for Petitioner -4- "-' ,-.-, " - ~~,,-,",~., ," '7, '. --~; --!"..."' '.. " _, -"- . _ -'1" --'," ~." '::,:..\" lIJ_ TOMAS~O & KOAANDA, P.C. ~ttomeys at Law 219 Stala Street Ha~burg. Pennsylvania 17101 :i " " , RONALD T. TOlAASKO MICHAELA. KORANDA BRIAN A. McCALL ...., TelephOf1ll (717) 238-1100 Fax (717)238-8190 , August 2&, 2001 Records Custodian The PMA Group PMA Corporate Processing Center P.O. Box 605 Lemoyne, Pennsylvania 17043 Re: Yvonne Beard v. Commissioners for York County Social Security No. 171-46:4158 Bureau Claim No. 301288' 7Cf?~1 ~q~' ? \ ': I) .\./ v" Dear Sir/Madam: In accordance with 34 Pa. Code *131.6&.1 enclose a Subpoena for the production of your records in connection with the above-referenced matter. Please note that this Subpoena is for the production of your records only, and that you n~ not attend at the designated time as \ong as the enclosed Affidavit certifying that the records p~uant to the Subpoena have been produced is propJrly completed and submitted along with your records prior to September 12, 200 I, . A,P.C. RlT/dw enclosures eo w/enel: Michael R. Bonshock, Esq, , EXHIBIT :l! t A 5;i~,~~'~ J -,-" ,~, " , ~, ~"~ .- - - "" p^".'" ~"- I I \ USC:~80 REv '~h *' COlQlONWEA/;It( OF PSNl'CSYLVAl'iIA DEPARl'HENT OF lABOR AND INDVS11l.Y BUllEAV !If' 1V01\QJ\S' COlIPtNS\110N SUBPOENA COMMONWEALTH OF PENNSYLVANIA IDEPARl'MENT OF LIJlOR AND lNDUSTRY 302288 auKU.U CLAJ.lll Jl\lll&t.& Yvonne Beard 'ro: 'R'RrODnS (!n~fJ'OnT llN CUJIW<T The PMA Group P.O. Box 605 Lemoyne, Pennsylvania 17043 .536 WilsOD Court: AlIDIIESS York, PI. 17403 ... eo-issiaue"s far York c...mt:y - 118 Pleasant Acres Road ADOUS York, PA 17402 , (l) You _ ......by otdcnd. punu... to the prll'fiaiono at the Wonc-' CompellMlion 14. to cOllIe to a hearing It (Ipecirr t\oill ..!chae), . ~taWlKo & KClWD\, P.C., 219 state stjreet, Harrisburg, Pennsylvania 17101 0," (dale and time) ~rt""""""r 12, ,om. 1 ,. po p.m., ia the c.;WIty ot Dauphin to .u:arity ia the u- _ ud to ...main umil fllIWRd. < (2) R...._ .L_ "~"_L d nI _'~L All payment records or screens shcMing any -.... ........-.ng __ or m:o I ".... )'On: : ~ all payments made to Claimant an:i Claimant's llealt.hca1:l;, providers frail october, ~OOO tb present, inclusive of all HCFA '50~ or simU~ fonns with corres~ medical records. (3) Tbia you. _ to obeJ. wiIhoul --. under J-ahy. or oonlempl or court for noncom.w- (4) All ~ _ Medlcol Rec:onIa _ wh~ to the ~ Nolicc: Tbia auLpoeu d_ - appq to confidemial ~ -..Ia tlwt _ p..-...d by the Conlidetlllali\y of HJV.t\claIed laf'ormaaUoa 14. #d. 148. P.L. &85 of 1990, 35 P.s. 7601 ct oeq. (eopeciaIIy tf1607-1608). . SEAL WlTNESS MY HAND AND SSAL OF THE ~l~mnusntY August 27, 2001 o.m: '. @---- -1'- ","" o~~ " . ~. COMMONWl"ALTH OF,PENNSYLV ANIA DEPARTMEr."f OFLABOIt AND INDUSTRY BUREAU OF WORKERS' COMPENSATION YVONNE BEARD, Claimant, : SOCIAL SECURITY NO. 171-46-4158 \'s. COUNTY OF YORK, Defendant. : BUREAU CLAIM NO. 302288 NOTICE O~ I\f:CORDS DEPOSITION TO: Reeords Custodian Tbe PMA Group PMA Corporate Processing Ce~ter P.O. Box 25248 ; : l..ebtgb Valley, Pennsylvania 181102.5250 PLEASE TAKE NOTICE that purs!l3Ill to 34 Pa. Code 131.68, the Claimant will take I I I the deposition ofthe records custodian of The PMA Gro14p. at the offices of Tomasko & I . Koranda, P.C., 219 State Street. Harrisbutg, Pennsylvania 17101, on September 12, 2001 at 12:00 p.m. THESE DEPOSITIONS ARE FOR THE PURPOSE OF COPYING RECORDS. There . ' ; i will be no interrogation of the deponent; it is expected that no attorneys \\11\ appear. i YOU MAY OBJECT to this Reco~ Deposition by mail or delivering a letter listing your objections to Tomasko & Koranda, P.C., 219 State Street, Harrisburg, Pelmsylvania 17101, al leasl seven (7) days prior 10 September 12, 2001. " :1\\ ^~r~~ ,I!_~ ^~ P" n_ . ~ I I -, ~ ~ "f,.J."".,, COMMONwtALTH OFPENNSYLV ANIA DEPARTMEN1 \1}11 LABoR AND INDUSTRY BUREAU OF \yORKERS' COMPENSATION YVONNE BEARD, Clalmant, : SOCIAL SECURITY NO. 171-46-4158 \-'S, COUNTY OF YORK, Defendant. : BUREAU CLAIM NO. 302288 AFFlDAV1i,OFRECOR~ll CllSTODlAN ! :' , I, the undersigned, being duly .wom a:.;ording 10 Isw,. depose and say that I am the duly authorized custodian of ,ecords for Tire l'M.Il Gr"JII! with lI!e authority to certify said records, and J hereby certify to the following: (a) lbe records attached hereto ar~ true and correct copies of paYlIl"nt records in my custody, pertaining 10 y"""". 8enrd relating to all paymeill ~ecords or screens showing any and all payments made to aaimantand C1aimaot's healthcare providers ft<!m October, 2090 to present, inclusive of all ReF A IS00 or similar fonDS with cOlTesponding medical records made on her work-related injury of June 26, 1992. (b) All records produced in my presence, unle.. qualified below, were prepared in the ordinary course i ofbusineso by authorized persons or personnel aj. or near the lin!e of the act, condition or event; and ! i . ; (c) A careful search has beenmad~ by me or at my direction for recordsl>ertaining to the above identified indhidual and have been produced pursuant to the a*"'hed subpoeDil duces tecum constitute all of the records of the iodh.idu.lso identified for her wo!k-related injury. I declare that the foregoing facts as are Mthin my pelSODill knowledge are true and correcl and the otber facts contained herein are true and correct 10 the best of my knowledge, ioformation, and belief. EXECUTED ON at (date) (location) Randi L. Baker-Turner (Print or type oame) AC'C'onnr r.l Rim~ 'Rp..pre~limt;ltive (Print or tYpe titlc and position) SWORN to and subscribed before me this _ day of .200\. tf.tl ~ i'L;LlILL{ Notary Public MY COMMISSION EXPIRES: '" " -'" I' - " TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAELA. KORANDA BRIAN A. McCALL ""'*'" Telephone (717) 238-1100 Fax (717)238-6190 October 3, 2001 Michael R. Bonshock, Esquire Peters & Wasi1efski, P.C. 2931 North Front Street Harrisburg, Pennsylvania 17110-1280 Re: Yvonne Beard v. Commissioners for York County Bureau Claim No. 302288 Social Security No. 171-46-4158 Dear Mr. Bonshock: I received your recent correspondence enclosing two (2) payment screens and some underlying medical billing records and office notes in regard to the above-captioned matter. However, your client's payment screens do not indicate or otherwise allow me to extrapolate which dates of service your client made payment for. Accordingly, you andlor your client need to provide me with some type of additional documentation or explanation as to which check date corresponds to payment of which office visit, treatment or series of office visits. I look forward to your expeditious response to this inquiry; otherwise, as I represented to Judge Hetrick, it will be necessary to take the deposition of the claims adjuster responsible for this file. Accordingly, I look forward to hearing back from you regarding the above as soon as possible. . " /1 RTT/dw .1.1 EXHIBIT ~ j B !,~'~~"" "'. 0" 1,_ ., ~ [' Co' ,~ ., --..,.....,., "_Ii TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAEL A. KORANDA BRIAN A. McCALL NoEl~!i" Telephone (717) 238-1100 Fax (717)238-6190 October17,2001 Michael R. Bonshock, Esquire Peters & Wasilefski, P.C. 2931 North Front Street Harrisburg, Pennsylvania 17110-1280 Re: Yvonne Beard v. Commissioners for York County Bureau Claim No. 302288 Social Security No. 171-46-4158 Dear Mr. Bonshock: I write, for a second time, inquiring whether your client is going to provide me with the information necessary to decipher its "claims processing workers' comp payment detail iriformation." Again, it is impossible for me to correlate the various payments to specific dates of service without your client providing me with that information. Kindly advise where we stand on that as soon as possible since I think it would be in both parties' interest to resolve both the Termination Petition and Penalty Petition simultaneously. I look forward to your expeditious response to this second inquiry on this issue. RTT/dw " ., -'~~____,.v_l!!_".__._____. '~, "y' - ~. '. - ~. - "EXHIBIT J c -'M ~ I VERIFICATION I hereby verify that the statements as set forth in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. I understand that fulse statements contained herein are made subject to penalties of18 PaC.SA fulsification to authorities. DATED: l ) zoo 1 >~,:~ Y'''--',.' 'i." - - ---'",~_;'~~~",:::: ,-,~,,-';""",/~,,'1i~/ n,'~ 't' '," - -tl',~ "-, "., ': ,","-",-< ,_, 1'-' - ,-~ - ~" YVONNE BEARD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA Petitioner, No. vs. THE PMA GROUP, Respondent. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this '3 fI!: day of December 2001, I, Brian A. McCall, Esquire, hereby certifY that I served the within PETITION OF YVONNE BEARD TO HOLD PiMA GROUP IN CONTEMPT on this day by depositing same into the United States mail, postage paid, in the post office located in Harrisburg, Pennsylvania addressed to: By First Class Mail: Michael R. Bonshock, Esquire PETERS & WASILEFSKI, P.C. 2931 North Front Street Harrisburg, PA 17110 Randi 1. Baker-Turner, Account Claims Rep. The PMA Group PMA Corporate Processing Center P.O. Box 605 Lernoyne,Pennsylvwrnal7043 TOMASKO & KORANDA, P.C A. c te Street Harrisburg, Pennsylvania 171 0 1 Telephone: 717-238-1100 {'~'>,";, ':"'-, __~-_'-",': '"1~ ~P"r:~--> ,r___f:'~J~_8J!':." "'-~:~i+T"'T'-'- __ .,-C,' ,-- ;~ ~_,,'f ,-"" '_~ __.o. un';':" '1""_ H~_I_ " -,'. , ~~. ~ i, ;.W1liRR ~,~ ~.~"<o ",,~~,'" .._,." ' m;!i;J.~-'" 'Ii~,~.,,"~ - .. ,= .~~ - ~-,,_. 7P(J It:.. '/[ - ....... ~ -<l ~ * 'bsl. ~ ~& ~o0l , () D I f:~ ~1 --1:- ,~. ,~-. ~, ;g ~~1 (:') ~..,-:. \~ ~' '---~e (, _: :'=__i,:': ,'-'c.:.: / -, , , ,..----:' ; : -) n, .. " ~ , ~", ) -< '.e, ~ .Il!lijn~.I_~J';<ll!I-"N'''t'>~''''iR1~''"''''lij':~Ii>iPlO?f~~~W!f-%!~~~i~';ii'~~~~~~~~~; Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA c) C--t No. 01- &,9Pb C'ol ~l t~i ~;~' ~~ I',,-~. YVONNE BEARD, vs. THE PMA GROUP, G~~ l~' .....:c :-~,1 :,-:-C) __" s;: :~~:; ~,;) ~'-, '.0 PETITION OF YVONNE BEARD TO HQLD THE PMA GROUP IN CONTEMPT FOR WILLFULLY DISOBEYING A SUBPOENA I~SUED BY WORKERS' COMPENSATION JUDGE MICHAEL R. HETRICK ;--'-1 Respondent. CIVIL ACTION - LAW NOW COMES the Petitioner, Yvonne Beard, by and through her attorneys, TOMASKO & KORANDA, P.c., and hereby Petitions this Honorable Court as follows: 1. The Petitioner, Yvonne Beard is an adult individual residing at 536 Wilson Court, York, York County, Pennsylvania, 17403. 2. The Respondent, PMA Capital Corporation, a parent company utilizing the name "The PMA Group," is a corporation authorized and existing under the laws of the Commonwealth of Pennsylvania, having its principle place of business at 380 Sentry Parkway, Blue Bell, PA 19422-0754. The Respondent's servicing records/billing office is located at 1651 Cedar Crest Blvd., Allentown, Pennsylvania. The Respondent's local service center is in Lemoyne, Cumberland County, Pennsylvania. The Respondent is the duly authorized workers' compensation insurer for Commissioners fur York County, 118 Pleasant Acres Road, York, York County, Pennsylvania 17402. 3. On or about June 26, 1992, the Petitioner suffered a work-related ~ury during the scope and course of her employment with Commissioners for York COllIlty. ., "'1l!!J~L ^ ..1J.fJ,'" - '-.-_~~ ,- -I' -1' - 4. Since the date of injury, the Petitioner has been receiving certain workers' compensation benefits from the Respondent. 5. The Petitioner's future entitlement to workers' compensation benefits is presently in litigation before Workers' Compensation Judge Michael R Hetrick. Numerous hearings have already been held during the course of this lengthy litigation, and additional hearings may take place in the future. 6. On August 28, 2001, the Petitioner served a subpoena issued by Judge Hetrick upon the Respondent. The subpoena directed the Respondent to produce certain documents pertinent to future workers' compensation hearings by no later than September 12, 2001. A true and correct copy of the subpoena and transmittal letter is attached hereto as "Exhibit A" and is incorporated herein. 7. A workers' compensation judge has the power to issue subpoenas to require the production of documents "pertinent to any hearing." 77 P.S. ~992. 8. The Respondent has fulled to produce the requested documents on or before September 12, 2001. Instead the Respondent merely provided Petitioner's counsel only with two (2) payments screens along with limited medical billing records and office notes. 9. By letter dated, October 3, 2001 counsel for the Petitioner advised counsel for the Respondent that additional documentation was needed to be supplied consistent with the subpoena request in order to understand the two payment screens provided by the Respondent. A true and correct copy of the October 3, 2001 letter to counsel for the Respondent is attached hereto as "Exhibit B" and is incorporated herein. 1 O. On October 17, 2001, counsel for the Petitioner again requested additional ., -2- ""1',,_~,"F '7" in:l Jj"'liI! " " -'__ '% . <",,'""t'r I' T_, . ,n information consistent with the subpoena request in order to decipher the payment screens provided by Respondent. 11. To date, the Respondent has willfully and intentionally refused to comply with the subpoena. 12. Under the Pennsylvania Workers' Compensation Act ("Act"), a workers' compensation judge does not have the power to enfurce his or her subpoenas. Instead, Section 436 of the Act grants such power to the Court of Common Pleas: Any witness who refuses to obey such summons or subpoenas, ... may be punished as for contempt of court, and, for this purpose, an application may be made to any court of common pleas within whose territorial jurisdiction the offense was committed, for which purpose such court is hereby givenjurisdiction. 77 P.S. ~ 992. 13. Therefore, this Honorable Court is therefore vested with jurisdiction to hold the Respondent in contempt for willfully disobeying the subpoena. Id. This Honorable Court is also vested with jurisdiction to fashion an appropriate order enforcing the subpoena. See Crucible, Inc. v. W.C.A.B. (Berdine), 83 Pa. Cmwlth. 459, 477 A.2d 904 (1984). 14. The Respondent's dehberate failure to comply with the subpoena has substantially prejudiced the Petitioner's rights in the workers' compensation litigation. In addition, the Respondent's actions have caused the Petitioner to incur otherwise unnecessary costs and attorney's fees associated with this Petition. WHEREFORE, the Petitioner respectfully requests the following: (a) That the Respondent be held in contempt for its willful disobedience of the subpoena; " -3- ';i;!lUJtli~jt"~"L@\I" ~____.,.: .,.. ."., .~ . - " - -, , ,-- 1,-. "-, ~- (b) That the Respondent be ORDERED to comply with subpoena immediately; ( c) That the Respondent be ORDERED to pay the Petitioner reasonable costs and attorney's fees incurred in connection with the instant Petition; and (d) Any other relief that is deemed necessary or just. TOMASKO 219 State S Harrisburg Telephon . Attorney for Petitioner " -4- ;iJlI!~~H~j!llr .~_ _'"_(-<~ _, = ~ ,< "~ ."~ ~ -~ --..- II TOMASJ<O & KORANDA, P.C. ~l\ornllY$ al Law 219 Slalll Street H81'"1burg. Pennsylv,ania 17101 \ i\ :; H ., :( ;< ;1 i I I i RONALD T. TOMASKO MICHAELA. KORANDA BRIAN A. McCAll .... Telephone (717)236-1100 Fax (717) 238-6190 ; ;AugusI2&, 2001 'l~3~1 ~2:? \,'; 5D vJ Records Custodian The PMA Group PMA Corporate Processing Center P.O. Box 605 Lemoyne. Pennsylvania 17043 I Re: Yvonne Beard v. Commissioners for Verk County Sodal Seeurity No. 171-46;4158 Bureau Claim No. 302288,: Dear SirlMadam: In accordance with 34 Pa. Code * 131.68. I enclose a Subpoena for the production of your records in connection with the above-reillrenced maller. Please note that this Subpoena is for the prodUl:tion ofyo\lr records only, and tbat you need not attend at the designated time as ions as the enclosed Affidavit certifying that the records pursuant to the Subpoena have been produced is properly completed and submitted along with your records prior tll September 12, 200 I, . RIT/dw enclosures ce w/enel: Michael R. Bonshock. Esq; A,P.C. " EXHIBIT ~ D a A , ..~ - '" ~ Uac....80 REV l).93 *' COlQlONWI!A1:I1( OF P1il'll'lSYLVAI'ilA DEPARrIlENT OF LABOR AND Il'IDUsrR-r BUIlEAU (IF WOUEllS' COIll'~MnON SUBPOENA. The PMA Group 3022811 BUKMO CLA.UI Jlu,alSJU( Y90nne Beard c;u.J1WC\' 536 Wilson Coun COMMONWEAlTH OF PENNSYLVANIA DEPARrMENT OF LABOR ANtlINDUSTRY TO: ~"'F.~n'Rns ~n':;'I'(')nThN ADDlIESS P.O. Box 605 York. PA 17403 Lemoyne, Pennsylvania 1704~ .... eo..issioners for York q.,.mty DEFE:l<l>IBf 118 Pleasant Acres Road AODllES5 '1\ lor1.. PA 17402 , (1) You .... hen,by onlend. pUIIIUant III the p~iOll5 or the W....... CompellMtion A<<.. III cOllle III . hearing II (apecify fWl oddnou), .. 'laWrKO & I<<JlllNOA, p.e., 219 state stjreet, Harrisburg, Pennsylvania 17101 "~"""n on (elate and tiaM) ~nt~r 1? I "001; 12- 00' p.m... ift the ~ of &.o'Q~"'" to teIIify in the e- _ ond III ...main WIIiI -..d. , (2) a.:__ the c."-'__ .1_.__ -' ~~L All payment :I.~.tds or screens Showing any -.... ~... _nil or .-",a ,..." ~Il: : and all payments lI8de to ClailMnt and Claimant. s bealthcare providers from October, 2000 to present, inclusive of all HCFA 150\1 or sim11~ forms with corresporxlillg medical ~rds. (3) Thla fOIl ... III ober. wilhoul --. under PetWtr or contempt or cowt fM _lDpIiaace. (4) AU ~ lOr Medical ReconIs ... ~ to the ~ NoIice: TbIa oubpaeu d_ - apply III eonlidediallDedic:al-..i. cluot are p..-...d by the Colllidlll1t1alilr or HJV-&lafed ~ Id., Id. 148. PoL. 58S or 1990. S5 ps, 7601 ~ eeq. (eop ,,1'117 1f7607-7608). SEAL 'W1'1'NlSS MY HAND AND stAt OF THE 9J1.~~usrRY August 27, 2001 Dim: " ., @ ................. , - ',' " - ~ -~ COMMONW.,-:ALTH OF PENNSYLV ANlA DEPARTM"-:r.. OF LABOt AND INDUSTRY BUREAU OF WORKERS' COMPENSATION YVONNE BEARD, Claimant, : SOCIAL SECURITY NO. 171-464158 \'s. COUNTY OF YORK, Defendant. : BUREAU CLAIM NO. 3021BB NOTICE OF; RJ!:CORD~ DEPOSITION TO: Records Custodian The PMA Group PMA Corporate Processing Ce~ter , , P.O. Box 25248 ! ' Lehigh Valley, Pennsylvania 111002-5250 PLEASE TAKE NOTICE that purs!lllDt to 34 Pa. Code 131.68, the Claimant will take I , , the deposition of the records custodian of The PMA Group at the offices of Tomasko & 1 . : Koranda, P.C., 219 State Street, Harrisburg, PCIU1sylvania 17101, on September 12,2001 at 12:00 p.m. THESE DEPOSITIONS ARE FOR THE PURPOSE OF COPYING RECORDS. There , ' will be no interrogation of the deponent; it is expected that no attorneys \\ill appear. i YOU MAY OBJECT to this Recorlls Deposition by mail or delivering a letter listing your objections to Tomasko & Koranda, P.C.. 219 StateS~el, Harrisburg, Pennsylvania 17101, at least seven (7) days prior to September 12, 2001. C. By: QA SKO A~tomeys for the Claimant , i ',\ m. "1: ji 'i',~l:ll!"i.1ffl,ll",_'''M'''I ,,_~__ .".' ., -~ ""'. r'~""I~l'~ ~ i COMMONWEALTH OFPENNSYLV ANIA DEPARTMENT QF LABOR AND INDUSTRY BUREAU OF WORKERS' COMPENSATION YVONNE BEARD, Claimant, : SOCIAL SECURITY NO. 171-46-4158 "~So COUNTY OF YORK, Defendant. : BUREAU CLAIM NO. 302288 AFFlDA V111 OF lnr.rORQjl Cns,mDT AN I :' , I, the undersigned, being duly sworn a~ording 10 law, depose and say thaI I am the duly aull10rized custodian of records for Tit. l'MA Grill/ll. with lI\e authority 10 c,enify said records, and I bereby certify 10 the following: (a) lbe records anached bereto a'~ true and eorrecl copies of paymenl records in my custody, pertaining 10 Yronn. Boord relating 10 all paymeill records or sqeens showing any and all payments made 10 Claimant and Claimant's healtheare providers fu\m Oetnber, 20\lll to plesenl, inclusive ofall ReF A 1500 or similar forms with corresponding medical records made on bet work-re\atcd injury of June 26, 1992. (b) AlI,ccords produced in my presence, unte.. qualified below, were plepared in the "rdinary course of business by authorized persons or personnel ai o( Dear thelin1e of the act, condilion or evenl; and : \ : (c) A earelUl search has been ma<I~ by me or al my direction for records J>erlaining 10 Ihe above identified indh-idual and have been produced puisuanllO the al"'ebed subpoena duces tecum eonslillllle all oflbe records of the indj,.idual so identified for her wolk'related injury. I declare thaI the foregoing facts as are ,\;q.in my personal knowledge are true and eorreel and the olber facts contained herein are true and corrootlD the hest of my knowledge, infnnnatioD, and belief. EXECUTED ON at (dale) (location) Randi L. Baker-Turner (Prinl or type name) Al"C"nnnt Co1 ::Jim~ Rp.prp..~entati've (Print or type litle and position) SWORN \0 and subseribed before me this _ day of .2001. -!tl-/2UIII{ NOlary Public MY COMMISSION EXPIRES: ''." --"~'~"'__ 'W!1>,~>,__" ~ r 1-' - . " ~~-".,"'~~-'" TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAEL A. KORANDA BRIAN A. McCALL ~j.' Telephone (717) 238-1100 Fax (717) 238-6190 October 3, 2001 Michael R. Bonshock, Esquire Peters & Wasilefski, P.C. 2931 North Front Street Harrisburg, Pennsylvania 17110-1280 Re: Yvonne Beard v. Commissioners for York County Bureau Claim No. 302288 Social Security No. 171-46-4158 Dear Mr. Bonshock: I received your recent correspondence enclosing two (2) payment screens and some underlying medical billing records and office notes in regard to the above-captioned matter. However, your client's payment screens do not indicate or otherwise allow me to extrapolate which dates of service your client made payment for. Accordingly, you and/or your client need to provide me with some type of additional documentation or explanation as to which check date corresponds to payment of which office visit, treatment or series of office visits. I look forward to your expeditious response to this inquiry; otherwise, as I represented to Judge Hetrick, it will be necessary to take the deposition of the claims adjuster responsible for this file. Accordingly, I look forward to hearing back from you regarding the above as soon as possible. . ~0 / Very . "\OuKS, J1 I ~,. fj i fill \ 1;,: St21{fKqRAND~ P.C. 0" f 1" I. .' ," ,,' II>, 0 1. Lj., /.. \ {. '. ..,n, !)j",,!u#,k\V.. I '. 1 ."1". ,,Jli,,-;HV,{l I ,i ..iRON 'D'$:'TOMASKO' I /' / "/ // RTT/dw .\,t" :; " " B EXHiBIT B -',;;r~~".... ~_ ._,., ,- I ' " ~~--~,,.,~ " "-r--=-""~-- TOMASKO & KORAN))A, P.C. Attorneys at Law 219 Slate Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAELA. KORANDA BRIAN A. McCALL "'6'" Telephone (717) 238-1100 Fax (717) 238.6190 October 17, 2001 Michael R. Bonshock, Esquire Peters & Wasilefski, P.C. 2931 North Front Street Harrisburg, Pennsylvania 17110-1280 Re: Yvonne Beard v. Commissioners for York County Bureau Claim No. 302288 Social Security No. 171-46-4158 Dear Mr. Bonshock: I write, for a second time, inquiring whether your client is going to provide me with the information necessary to decipher its "claims processing workers' comp payment detail information." Again, it is impossible for me to correlate the various payments to specific dates of service without your client providing me with that information. Kindly advise where we stand on that as soon as possible since I think it would be in both parties' interest to resolve both the Termination Petition and Penalty Petition simultaneously. I look forward to your expeditious response to this second inquiry on this issue. RTI/dw .. " " "*~~ , ,f:,:":~'"' , -1-'-- EXHIBIT I c r ~~~ ."'- VERIFICATION I hereby veritY that the statements as set forth in the foregoing PETITION are true and correct to the best of my knowledge, information and belief. I understand that fulse statements contained herein are made subject to penalties of1S Pa.C.S.A. falsification to authorities. DATED: z ~ ZOOl DT. TOMASKO ., ~'!'~...".,,-,.- ~.~, ,....." - I- . ~ ,. """",, YVONNE BEARD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, No. vs. THE PMA GROUP, Respondent. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this '3 fl!? day ofDecember 2001, I, Brian A. McCall, Esquire, hereby certify that I served the within PETITION OF YVONNE BEARD TO HOLD PMA GROUP IN CONTEMPT on this day by depositing same into the United States mail, postage paid, in the post office located in Harrisburg, Pennsylvania addressed to: By First Class Mail: Michael R. Bonshock, Esquire PETERS & WASILEFSKI, P.C. 2931 North Front Street Harrisburg, PA 17110 Randi L. Baker-Turner, Account Claims Rep. The PMA Group PMA Corporate Processing Center P.O. Box 605 Lernoyne, Pennsylvania 17043 1\ TOMASKO & KORANDA, P.c/ \ ) l A. c 19..B te Street Harrisburg, Pennsylvania 17101 Telephone: 717-238-1100 .. '1\:'~,~.~~_". '''',,_._,_. ,",__O'_",,_~;",_"". , . "'-"',~, '''' -~- ~ " , . YVONNE BEARD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner, vs. No. 01-6986 (Civil Term) THE PMA GROUP, Respondent. CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued, and ended. Respectfully submitted, TOMASKO & K RANDA, P.C. 219 State Stree Harrisburg, Telephon . I Date: "[I ZOD ~ By. RONALD T. TOMASKO Counsel for Petitioner, Yvonne Beard ",;~r._~ ~~]____,",~"", ~~,,'_f".,> ',,_~~___c =i',<:"'-';:- _ _,~. ,",I~ 'I ' _ ,'l"'~' "_ _ ... . ~. .- ~."' ", ~__,,,~,y=,e,,",,',,,,.._ _,~,~'!1'''''W,.-a-^ '''':"''< ~ ,..J_It\!. n m, '" "" ~ ~--." ^'." ~" ~,-".~~ . ~"-"-','v..~' ~-~~_, n ......./ c: >~;: -c.; ,,: ~". rTl ,. .' ., ~ ,.. !"~) 0) 1 C'" .< G:~ .. " ~ ~ C" C) ~_:::; :::-_~ L :, -" .,~ .. "-""<)F'''"^''Jj-~-"P~''''.'-' ~s 81/ r ~, __~'_'~ X",~_c_~*~~"~~j/M;'i1.w:;'h'f""""'if<\!JJ!ji;~~i%M'@f:'~~'~@~~~ ,:~., _",_~~lf~_--:-;