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HomeMy WebLinkAbout04-2266TIMOTHY McCRONE, THE PMA GROUP, Petitioner, Respondent. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW PETITION UNDER SECTION 436 OF THE WORKERS' COMPENSATION ACT OF TIMOTHY McCRONE TO HOLD THE PMA GROUP IN CONTEMPT FOR WILLFULLY DISOBEYING SUBPOENAS ISSUED BY WORKERS' COMPENSATION JUDGE CHARLES F. CLARK NOW COMES the Petitioner,Timothy McCrone, by and through his attorneys, TOMASKO & KORANDA, P.C., and hereby Petitions this Honorable Court as follows: 1. The Petitioner, Timothy McCrone, is an adult individual residing at 583 Acorn Road, Millerstown, Perry County, Pennsylvania 17062. 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 Caretti, Inc., 4590 Industrial Park Road, P.O. Box 331, Camp Hill, Cumberland County, Pennsylvania 17011, Petitioner's last employer. 3, On or about Apdl 26, 2002, the Petitioner suffered a work-related injury during the scope and course of his employment with Caretti, Inc. 4. The Petitioner's entitlement to workers' compensation benefits is presently in litigation before Workers' Compensation Judge Charles F. Clark in TIMOTHY McCRONE, THE PMA GROUP, Plaintiff, V. Defendant. COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 04-2:266 CIVIL ACTION - LAW PRAEClPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as discontinued without costs or attorney's fees to either party. Respectfully SL~ ~nitt~d, I Attorney I.D. No. 61190 219 State Street Harrisburg, Pennsylvania 17101 (717) 238-1100 (717) 238-6190 (fax) Attorney for Plaintiff TIMOTHY McCRONE, THE PMA GROUP, Petitioner, Respondent. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-226~$ : CIVIL ACTION - LAW CERTIFICATE OF SERVIC~E AND NOW, this / day of ~l(~_ ,2004, I, Ronald T. Tomasko, Esquire, hereby certify that I served the within PRAECIPE TO DISCONTINUE on this day by depositing same into the United States mail, postage paid, in the post office located in Harrisburg, Pennsylvania addressed to: Michael R. Bonshock, Esquire Peters & Wasilefski, P.C. 2931 North Front Street Harrisburg, Pennsylvania 17'110-1250 /" tRONALD T.'~'I :)M,~SKO, ESQUIRE Attorney I.D. No. 61190 219 State Street Harrisburg, Pennsylvania 17101 (717) 238-1100 (717) 238-6190 (fax) Attorney for Plaintiff Harrisburg, Dauphin County, Pennsylvania. A number of hearings and a deposition have already been held during the course of this lengthy litigation, and additional hearings may take place in the future. Ii. On June 13, 2003, the Petitioner served a subpoena issued by Judge Clark upon the Respondent. The subpoena directed the Respondent to produce certain documents pertinent to future workers' compensation litigation by no later than June 30, 2003. A true and correct copy of the subpoena and transmittal letter is attached hereto as "Exhibit A" and is incorporated herein. The Respondent objected to said Subpoena on the grounds that it did not give Respondent sufficient time to respond. 6. In response to said objection, the Petitioner, on July 17, 2003, served another subpoena upon the Respondent. The second subpoena again directed the Respondent to produce certain documents pertinent to the workers' compensation litigation by now, no later than August 4, 2003. A true and correct copy of the second subpoena and the transmittal letter is attached hereto as "Exhibit B," and is incorporated herein. ?. The Respondent eventually produced certain documents it classified as non-attorney/client or work product privileged in response to said subpoenas. However, the Respondent to this very date has never identified, by class or type, which documents were being withheld and why. 8. During a hearing held Apdl 20, 2004, Judge Clark ordered the Respondent to produce documents in three (3) separate classes not heretofore -2- produced: (a) (b) (c) The PMA Group's payment records (inclusive of payment screens and LIBC 1500 forms) showing all medical expenses paid in this matter, when paid and why paid; All communications between The PMA Group and/or its agent Med Eval to Dr. Goodman, that facilitated his four (4) written reports in this matter; and Any and all accident reports from the Claimant's initial date of injury of April 26, 2002, and all subsequent flare-ups that were documented by his Employer. 9. A workers' compensation judge has the power to issue subpoenas to require the production of documents "pedinent to any hearing." 77 P.S. § 992. 10. The Respondent has still failed to produce the documents subpoenaed in June and July of last year and subsequently ordered to be produced by Judge Clark on April 20, 2004 to date. 11. By correspondence dated, April 22, 2004 counsel for the Petitioner again reminded counsel for the Respondent that production was expected in regard to the three (3) separate classes of documents set forth above. A true and correct copy of the April 22, 2004 correspondence is attached hereto as "Exhibit "C'~ and is incorporated herein. 12, To date, the Respondent has willfully and intentionally refused to fully comply with the subpoenas served on it in June and July of last year. 13. Under the Pennsylvania Workers' Compensation Act ("Act"), a workers' compensation judge does not have the power to enforce his or her subpoenas. -3- 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. '14. Therefore, this Honorable Court is therefore vested with jurisdiction to hold the Respondent in contempt for willfully disobeying the subpoenas. Id. This Honorable Court is also vested with jurisdiction to fashion an appropriate order enforcing the subpoenas. See Crucible, Inc. v. W.C.A.B. (Berdine), 83 Pa. Cmwlth. 459,477 A.2d 904 (1984). 15. The Respondent's deliberate failure to comply with the subpoenas 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 the present Petition. WHEREFORE, the Petitioner respectfully requests the following: (a) That the Respondent be held in contempt for its willful disobedience of the subpoenas; (b) That the Respondent be ORDERED to comply with subpoenas 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. -44 Respectfully s~.~tted, /f RQNAED T. TOMA'gKO, ESQUIRE Attorney I.D. No. 61190 219 State Street Harrisburg, Pennsylvania 17101 (717) 238-1100 (717) 238-6190 (fax) Attorney for Petitioner TIMOTHY McCRONE, THEPMA GROUP, Petitioner, Respondent. : IN THE COURT OF COMMON PLEAS .' CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : .' CIVIL ACTION - LAW CERTIFICATE OF SERVICE Esquire, hereby certify that I served the within PETITION UNDER SECTION 436 OF THE WORKERS' COMPENSATION ACT OF TIMOTHY McCRONE TO HOLD THE PMA GROUP IN CONTEMPT FOR WILLFULLY DISOBEYING SUBPOENAS ISSUED BY WORKERS' COMPENSATION JUDGE CHARLES F, CLARK 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, Pennsylvania 17110-1250 TO ~AI~A, P.C. ,,~ RONALD '[':TOMASKO, ESQUIRE ~ Attorney I.D. No. 61190 219 State Street Harrisburg, Pennsylvania 17101 (717) 238-1100 (717) 238-6190 (fax) Attorney for Petitioner EXHIBIT "A" ) ()MASK( & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAEL A. KORANOA MICHAEL D. MATTER June 13, 2003 Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact @ t-ktaw, com Records Custodien The PMA Group 500 North 12~ Street P.O. Box 604 Lemoyne, Pennsylvania 17043 Timothy McCrone v. Caretti, Inc. Social Security No. 161-52-1788 B__r. reau Claim No. 2499473 Dear Sir/Madam: In accordance with 34 Pa. Code §131.81, I 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 need not attend at the designated time as long as the enclosed Affidavit certifying that'the records pursuant to the S[tbpoena have beon produced is properly completed and submitted along with your records prior to June 30, 2003. RTT/dw enclosures cc: Michael R. Bonshock, Esq. I.~BC-480 REV 4.99 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS' COMPENSATION SUBPOENA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND rNDUSTRY TO: Records Custodian The PMA Insurance Group 500 North 12th Street. P.O. Box 604 Lemoyne. Pennsylvania 17043 2499473 TimothyMcCrone CLAIMANT 583 Acorn Road ADDRESS Millerstown, Pennsylvania 17062 Caretti, Inc. 0E~ENOANT 4590 Industrial Park Road, P.O. Box 331 ADDRESS Camp Hill, Pennsylvania 17001 ( 1 j You are hereby ordered, pursuant lo the provisions of the Workers' Compensation Act, to come to a hearing at (specify full addressl: TOMARKO & gORAMDA, P.E., 919 g~rp RI-r~r, gnrr~h,~rg, P~nnny~vn~a 17101 on (dale and time) June 27, 2003; 12:00 p.m. , in the County of Dauphin to testify in the above case, and to remain until excused. {2) Bring the following documents or records with you: The complete claims £ile of Timothy McCrone pertaining l:O his work-related injury of April 26, 2002. , 13) This you are lo obey, without excuse, under penalty ofcontempl of court for noncompliance. {4) All Requesls for Medical Records are subject to the following Notice: This subpoena does not' apply to confidential medical records that are prelected by the Confidentiality of HIV-Relaled Information Act, Acl 148, P.L. 585 of 1990, 35 P.S. 7601 el seq. (especially §§7607-7608). SEAL WITNESS MY HAND AND SEAL OF THE ~_ARTi~ENT OF LABOR. ND II~DUSTRY DATE Inquiries concermng this subpoena should be addressed lo: Atlorney: Ronald T. Tomasko, Esquire Address: TOMASK0 & KORANDA, P.C., 219 State Street, Harrisburg, Pennsylvania 17101 Telephone: (717) 238-1100 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY WORKERS' COMPENSATION APPEAL BOARD TIMOTHY McCRONE, CARETT1, INC., Claimant, : SOCIAL SECURITY NO. 161-52-1788 : : : BUREAU CLAIM NO. 2499473 Defendant. : NOTICE OF RECORDS DEPOSITION TO: Records Custodian The PMA Group 500 North 12z Street P.O. Box 604 Lemoyne, Pennsylvania 17043 PLEASE TAKE NOTICE that pursuant to 34 Pa. Code §131.68, the Claimant will take the deposition of the records custodian of The PMA Insurance Group, at the offices of TOMASKO & KORAN'DA, P.C., 219 State Street, Harrisburg, Pennsylvania 17101, on June 30, 2003 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 a~tomeys will appear. YOU MAY OBJECT to this Records Deposition by mail or delivering a letter listing your objections to TOMASKO & KORANDA, P.C., 219 State Street, Harrisburg, Pennsylvania 17101, at least seven (7) days prior to June 30, 2003. Respectfully s. ~itted, /' l / / . . ? i~ONALD T. TOMASKO /' 219 State Street Harrisburg, Pennsylvania 17101 (717) 238-1100 (717) 238-6190 (Fax) Attorney for Claimant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY WORKERS' COMPENSATION APPEAL TIMOTHY MeCRONE, Claimant, V. CARETTI, INC., Defendant. SOCIAL SECURITY NO. 161-52-1788 BUREAU CLAIM NO. 24994'/3 AFFIDAVIT OF RECORDS CUSTODIAN I, the undersigned, being duly sworn according to law, depose and say that I am the duly authorized custodian of records for The PMA Insurance Group with the authority to certify said records, and I hereby certify to the following: (a) (b) (c) The records attached hereto are true and correct copies of the complete claim file of Timothy McCrone, pertaining to his work-related i~jury of April 26, 2002. All records produced in my presence, unless qualified below, were prepared in the ordinary course of business by authorized persons or personnel at or near the time of the act, condition or event; and A careful search has been made by me or at my direction for records pertaining to the above identified individual and have been produced pursuant to the attached subpoena duces tecum constitute all of the records of the individual so identified for his work-related injury. I declare that the foregoing facts as are within my personal knowledge are true and correct and the other facts contained herein are true and correct to the best of my knowledge, information, and belief. E~C~EDON ~ (Print or Type Name) (Print or Type Title and Position) (Print or Type Name of Organization) SWORN to and subscribed before me this __ day of ,2003. (Signature) Notary Public MY COMMISSION EXPIRES: EXHIBIT "B" RONALD T. TOMASKO MICHAEL A. KORANDA MICHAEL D. MATTER TOMASKO & KORANDA, ! .(~. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 July 17, 2003 Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact @t-klaw. com Records Custodian The PMA Group 500 North 12~ S~'eet P.O. Box 604 Lemoyne, Pennsylvania 17043 Re: Timothy MeCrone v. Caretti, Inc. Social Security No. 161-52-1788 Bureau Claim No. 2499473 Dear Sir/Madam: In accordance with 34 Pa. Code § 131.81, I 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 need not attend at the designated time as long 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 to August 4, 2003. Very RTT/dw enclosures cc: Michael R. Bonshock, Esq. REV 4-99 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS' COMPENSATION SUBPOENA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND/NDUSTRY TO: Records Custodian The PMA Insurance Group 500 North 12th Street. P.O. Box 604 Lemoyne. Pennsylvania 1704~ 2499473 BUREAU CLAIM NUMBER TIMOTH¥ McCRONF. CLAIMANT ',583 A¢~a Road AOOR£SS Millerstown, Pennsylvania 17062 VS. CARETTI, INC. DEFENDANT 4590 Industrial Park Road, P.o. gn~ ~1 ADDRESS Camp Hill, Pennsylvania 18002-%?50 ( I ) You are hereby ordered, pursuant to thc provisions of the Workers' Compensation Act, to come to a hearing at (specify fi:Il address): TOMASKO & KORANDA, P.C., 219 State Street, Harrisburg, Pennsylvania 17101 on (date and time) A~,E,~gi..t., 90~cl. l?..OCI p.m. , in the County of Dauphin to tes 1fy m the above case, and to remain untd excus-ed. (2) Bring the following doeuments or records with you: The complete cla:l.ms files, excluding attorney- client priviledged information regarding Timothy McCrone. Those documents that are being withheld an the basis of attorney-client priviledge should be listed on a (see back) (3) This you are to obey, without excuse, under penalty of contempt of court for noncompliance. All Requests for Medical Records are subject to tbe following Notice: This subpoena does not apply to confidential medical records that are protected by the Confidentiality of HIV-Related Information Act. Act 148, P.L. 585 of 1990, 35 P.S. 7601 et seq. (especially §§7607-7608). SEAL WITNESS MY HAND AND SEAL OF THE DATE Inquiries ~:oncermng AIIomey: Address: Telephone: thissubpoenashouldbeaddressedlo: Ronald T. Tomasko, Esquire TOMASKO & KORANDA, P.C.. 219 State Street~ HarrisburR, Pennsylvania 17101 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY WORKERS' COMPENSATION APPEAL BOARD TIMOTHY McCRONE, CARETTI, INC., Claimant, Defendant : SOCIAL SECURITY NO. 161-52-1788 .. .. : BUREAU CLAIM NO. 2499473 : NOTICE OF RECORDS DEPOSITION TO: Records Custodian The PMA Group 500 North 12~ Street P.O. Box 604 Lemoyne, Pennsylvania 17043 PLEASE TAKE NOTICE that pursuant to 34 Pa. Code §131.68, the Claimant will take the deposifi_on of the records custodian of The PMA Insurance Group, at the offices of TOMASKO & KORANDA, P.C., 219 State Street, Harrisburg, Pennsylvania 17101, on August 4, 2003 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 will appear. YOU MAY OBJECT to this Records Deposition by mail or delivering a letter listing your objections to TOMASKO & KORANDA, P.C., 219 State Street, Harrisburg, Pennsylvania 17101, at least seven (7) days prior to August 4, 2003. / Respect ful~13///su'hn~ittecl,;{ TOMA$~.O ,"i: ; / RONALD T. TOMASKO 219 State Street Harrisburg, Pennsylvania 17101 (717) 238-1100 (717) 238-6190 (Fax) Attorney for Claimant COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY WORKERS' COMPENSATION APPEAL TIMOTHY McCRONE, : Claimant, : SOCIAL SECURITY NO. 161-52-1788 V. .- CARETTI, INC., : BUREAU CLAIM NO. 2499473 Defendant. : AFFIDAVIT OF RECORDS CUSTODIAN I, the undersigned, being duly sworn according to law, depose and say that I am the duly authorized custodian of records for The PMA Insurance Group with the authority to certify said records, and I hereby certify to the following: (a) (c) The records attached hereto are tree and correct copies of the complete claims file, excluding attorney-client privileged information of Timothy McCrone. All documents withheld are identified by author, date and recipients as well as with an explanation as to why the documents are allegedly privileged in nature; All records produced in my presence, unless qualified below, were prepared in the ordinary course of business by authorized persons or personnel at or near the time of the act, condition or event; and A careful search has been made by me or at my direction for records pertaining to the above identified individual and have been produced pursuant to the attached subpoena duces tecum constitute all of the records of the individual so identified. I declare that the foregoing facts as are within my personal knowledge are tree and correct and the other facts contained herein are true and correct to the best of my knowledge, information, and belief. E~C~EDON (Date) (Location) (Print or Type Name) (Print or Type Title and Position) (Print or Type Name of Organization) SWORN to and subscribed before me this day of ,2003. (Signature) Notary Public MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS' COMPENSATION T/MOTHY McCRONE, : Claimant, : SOCIAL SECURITY NO. : V. .' ., CARETTI, INC., : BUREAU CLAIM NO. Defendant. : 161-52-1788 PROOF OF SERVICE I, RONALD T. TOMASKO, ESQUIR , attorney for the Claimant, certify that I served a hue and correct copy of a Subpoena and Notice of Records Deposition upon the individuals at the addresses indicated below, by first class mail, postage prepaid, in the Post Office in Harrisburg, Pennsylvania, which service satisfies the requirements of Section 131.34 of the Special Rules of Administrative Practice and Procedure Before Judges. Records Custodian The PMA Insurance Group 500 North 12th Street P.O. Box 604 Lemoyne, Pennsylvania 17043 Dated: July 17. 2003 Michael R. Bonshock, Esquire Peters & Wasilefski, P.C. 2931 North Front Street Harrisburg, Pennsylvania 17110-1250 TOMAS!~)'~ CQRAI~ DA, P.C. i~.~_ . ~, EXHIBIT "C" TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 RONALD T. TOMASKO MICHAEL A. KORANDA Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact @ t-klaw, com April 22, 2004 Michael R. Bonshock, Esquire Peters & Wasilefski, P.C. 2931 North Front Street Harrisburg, Pennsylvania 17110-1250 Re: Timothy McCrone v. Caretti, Inc. Social Security No. 161-52-1788 Bureau Claim No. 2499473 Dear Mr. Bonshock: In follow-up to the hearing on April 20, 2004, kindly advise when I can expect the following: The PMA Group's payment records (inclusive of payment screens and LIBC 1500forms) showing ail medical expenses paid in this matter, when paid and why paid; Communications between The PMA Group and/or Med Evai to Dr. Goodman, that facilitated his four (4) written reports; and Any and all accident reports from the Claimant's initial date of injury of April 26, 2002, and all subsequent flare-ups that were documented. I look fonvard to receipt of the above documentation as soon as possible. If you do not plan on providing said documentation, notwithstanding Judge Clark's rulings to the contrary, kindly advise immediately. ~ .J~ ii!,,''~ ! t '; R0~ALD T. TOMASI~O RTT/dw cc: Mr. Timothy McCrone TIMOTHY McCRONE, Plaintiff THE PMA GROUP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2266 CIVIL TEILM ORDER OF COURT AND NOW, this 24th day of May, 2004, upon consideration of the Petition under Section 436 of the Workers' Compensation Act of Timothy McCrone To Hold the PMA Group in Contempt for Willfully Disobeying Subpoenas Issued by Workers' Compensation Judge Charles F. Clark, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THECOUP~, Ronald T. Tomasko, Esq. 219 State Street Harrisburg, PA 17101 Attorney for Plaintiff Michael R. Bonshock, Esq. 2931 North Front Street Harrisburg, PA 17110-1250 Attorney for Defendant ~.~i~esley Oler, Jla., J. :rc TIMOTHY MCCRONE, Petitioner : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. THE PMA GROUP, Respondent CIVIL ACTION - ]LAW NO.: 04-2266 CIVIL TERM ANSWER OF RESPONDENT, THE PMA GROUP, TO PETITION OF TIMOTHY MCCRONE UNDER SECTION 436 OF THE WO1/KERS' COMPENSATION ACT TO HOLD THE PMA GROUP IN CONTEMPT FOR WILLFULLY DISOBEYING SUBPOENAS ISSUED BY WORKERS' COMPENSATION JUDGE CHARLES F. CLARK AND NOW, comes Respondent, The PMA Group, by and through its attorneys, Peters & Wasilefski and hereby files the following Answer: 1. Admitted. 2. Admitted in part and denied in part. It i~s admitted that Respondent is a corporation authorized and existing under the laws of the Conm~onwealth of Pennsylvania with a principal place of business at 380 Sentry Parkway, Blue Bell, Pennsylvania. It is admitted that Respondent is the duly authorized workers' compensation insurer for Caretti, Inc. It is further admitted that Respondent's records/billing office is located at 1651 Cedar Crest Blvd., Allentown, pennsylvania. Defendant is without knowledge or information sufficient to form a belief as to whether Caretti, Inc. was Petitioner's last employe. Strict proof thereof demanded. 3. Denied. It is specifically denied that Petitioner suffered a work related injury during the course and scope of his employment with Caretti, Inc. on or about April 26, 2002. This allegation is currently being litigated pursuant a Claim Petition filed by Petitioner that is pending before Workers' Compensation Judge Charles iF. Clark. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Petitioner sent a subpoena to Respondent that was issued by Judge Clark. It is specifically denied that Petitioner served the subpoena on June 13, 2003. No Certificate: of Service was provided with the subpoena evidencing when the subpoena was served. It is further denied that the subpoenaed directed the Respondent to produce "certain documents" pertaining to future workers' compensation litigation by no later than June 30, 2003. To the contrary, the subpoena requested that the Respondent provide "the complete claims file of Timothy McCrone pertaining to his work-related injury of April 26, 2002" at 12:00 p.m. on June 27, 2003. It is further denied that Respondent objected to the subpoena on grounds that it did not give Respondent sufficient time to respond. To the contrary, Respondent, through its counsel, provided Petitioner's counsel with a letter dated June 19, 2003 via fax and regular mail specifying the objections to the subpoena. A true and correct copy of the June 19, 2003 letter to Petitioner's counsel is attached hereto as Exhibit "A" and is incorporated herein. By way of further answer, the objection to the subpoena stayed the records deposition and counsel for Petitioner did not request a ruling on Respondent's objection from Workers' Compensation Judge Clark pursuant to Section 131.65 of the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges. 6. Admitted in part and denied in part. It !is admitted that Petitioner served another subpoena upon Respondent on or about July 17, 2003. It is specifically denied that the second subpoena directed the Respondent to produce "certain documents" pertaining to the workers' compensation litigation no later than August 4, 2003. To the contrary, the subpoena requested, "the complete claims files, excluding attorney-client privilege information regarding Timothy McCrone...." On July 25, 2003, counsel for Respondent sent a letter via fax and 2 regular mail to counsel for Petitioner objecting to the subpoena. A true and correct copy of the July 25, 2003 letter is attached hereto as Exhibit "B" and is incorporated herein. The objection stayed the subpoena and records deposition and Counsel for Petitioner did not request a ruling on the objection from Workers' Compensation Judge Clark pursuant to Section 131.65 of the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges. 7. Admitted in part and denied in part. It is admitted that Respondent provided discoverable records from The PMA Group file to Respondent pursuant to the discovery rules contained in the Special Rules of Administrative: Practice and Procedure Before Workers' Compensation Judges. It is specifically denied that Respondent classified the discoverable records produced as non-attorney/client or work product privileged documents in response to the subpoenas. To the contrary, the aforementioned subpoenas and discovery depositions were stayed pursuant to the Special Rules of Administrative Practice and Procedures before Workers' Compensation Judges. 8. Denied. It is denied that during a hearing on April 20, 2004, Judge Clark ordered the Respondent to produce documents in three (3) separate classes that were not produced. To the contrary, at the hearing, Judge Clark advised Respondent to provide Petitioner with payment screens regarding the medical payments The PMA Group made. At the hearing, Petitioner also requested copies of all incident reports from Caretti, Inc. that were completed. Although incident reports regarding the Petitioner's alleged injury that is at issue in the Claim Petition were previously provided to Petitioner', Respondent agreed to provide another copy of the incident reports and any reports of incidents that may have occurred after the Petitioner's alleged injury. Respondent further agreed to obtain whatever letters were sent to Dr. Goodman by PMA and forward them to Petitioner. All of the aforementioned documents were provided to Petitioner by letter dated May 28, 2004, a copy of which is attached hereto as Exhibit "C" and incorporated herein. 9. Admitted. 10. Denied. It is denied that the Respondent has failed to produce the documents requested and ordered to be produced by Judge Clark on April 20, 2004. To the contrary, the documents that are discoverable pursuant to the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges and those that have been requested be produced by Judge Clark have, in fact, been produced to Petitioner. By way of further answer, Respondent incorporates the answers to Paragraphs 5 and 6 herein. 11. Admitted in part and denied in part. It is admitted that counsel for Petitioner sent counsel for Respondent a letter dated April 22, 2004. It is specifically denied that the "three separate classes of documents" identified in the letter were ordered by Judge By way of further answer, Respondent incorporates the answer to Clark to be produced. Paragraph 8 herein. 12. Denied. It is denied that Respondent has willfully and intentionally refused to fully comply with the subpoenas issued in June and July of last year. Both subpoenas and record depositions issued pursuant to the discovery rules contained in the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges were stayed when objected to and no request has been made by Petitioner for a ruling as is required by Section 131.65 of the Special Rules of Administrative Practice and Procedure. To the extent that Judge Clark suggested at the April 20, 2004 hearing, that certain documents be produced, Respondent has fully complied and produced the documents. 4 13. Admitted in part and denied in pair. It is admitted that Section 436 of the Pennsylvania Workers Compensation Act (Act) provides jurisdiction to a court of common pleas for the purposes stated therein. It is denied that a Workers' Compensation Judge does not have the power to enforce his or her subpoenas. To the contrary, the Special Rules of Administrative Practice and Procedure before Workers' Compensation Judges, which have been promulgated under the authority contained in Section 43:5 of the Act, provide Workers' Compensation Judges the authority to enforce subpoenas. By way of further answer, the Workers' Compensation Judge has the authority, power and jurisdiction to rule on objections to subpoenas and record depositions pursuant to the Special Rules of Administrative Practice and Procedures after a proper request for a ruling is made by a party or witness. 14. Denied. It is denied that Your Honorable Court has jurisdiction to hold Respondent in contempt for the alleged willful disobeyence of the subpoenas. The subpoenas and records depositions were objected to and properly stayed pursuant to the provisions of the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges. 15. Denied. It is denied that Respondent deliberately failed to comply with the subpoenas. To the contrary, Respondent properly objected to the subpoenas pursuant to the terms of the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges. It is denied that there has been any prejudice to Petitioner's rights in the workers' compensation litigation. Petitioner has all rights and remedies afforded to him under the Pennsylvania Workers' Compensation Act and the Special Rules of Administrative Practice and Procedure promulgated thereunder. It is fur,[her denied that any actions of 5 Respondent have caused Petitioner to incur unnecessary costs and attorney fees with the present Petition. To the contrary, the present Petition is not proper and should be dismissed. WHEREFORE, Respondent respectfully requests: a. The Petition filed by Petitioner be dismissed. b. That Petitioner be ordered to pay Respondent's costs and attorney fees incurred in connection with this Petition. PETERS &~SILEFSKI M~-~21~,~EL R.~ON~rIOCK, ESQUIRE Attorney ID ~ $2669 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Counsel for Respondem 6 WILLIAM J. PETERS CHARLES E. WASILEFSKI DENNIS J, BONETTi JOSEPH C. PHILLIPS MICHAEL R, BONSHOCK THOMAS A. LANG STEPHEN F. MOORE SCOTT M. SCHWARTZ ADAM L, SEIFERTH PETERS & WASILEFSKI ATTORNEYS AND COUNSELORS AT LAW 2931 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1250 June 19, 2003 TELEPHONE (717) 238-7555 FAX (717) 238-7750 E-Mail Address: pwlaw@pwlegal,com WEB SITE: www.pwlegaEcom Via Fax 238-6190 and Regular Mail Ronald T. Tomasko, Esquire 219 State Street Harrisburg, PA 17101 Timothy McCrone v. Caretti, Inc. Bureau Claim No.: 2499473 Our File No.: 1-3410 Dear Mr. Tomasko: I just received your June 13, 2003 letters along with the Subpoenas you issued to The PMA Group and Caretti, Inc. I am hereby objecting to the Subpoena issued to The PMA Insurance Group. The Subpoena requests the complete claims file of Timothy McCrone pertaining to his work related injury of April 26, 2002 but does not exclude non-discoverable material such as attorney-client privileged information, mental impressions, etc. The Subpoena also does not comply with Section 131.64 of the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges in that it was not served at least twenty days prior to the date scheduled for the taking of the deposition. Although the ]Notice of Records Deposition states that the deposition of the Records Custodian of The PMA Insurance Group is to be taken on June 30, 2003, the subpoena provides a date and time of 12:00 p.m. on June 27, 2003. Pursuant to Section 131.65 of the Special Rules of Administrative Practice and Procedure, the objection stays the deposition. I have no objection to providing you with copies of the discoverable records that The PMA Insurance Group has concerning this matter and I will do so. I have asked The PMA Insurance Group to send me a copy of their records concerning this matter and I will provide the discoverable material to you when I receive those June 19, 2003 Page - 2 - records. I am going to be out of State on vacation from June 20 through July 7, 2003 and will not be able to provide the records to you until after I return from vacation. Very truly yours, Michael R. Bonshock mrb@pwlegal, com MRB:mbf WILLIAM J PETERS CHARLES E. WASILEFSKI DENNIS J, BONETTI JOSEPH C. PHILLIPS MICHAEL R. BONSHOCK THOMAS A. LANG STEPHEN F. MOORE SCOTT M. SCHWARTZ ADAM L, SEIFERTH PETERS & WASILEFSKI ATTORNEYS AND COUNSELORS AT LAW 293~ NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-~250 July 25, 2003 TELEPHONE (717) 238-7555 FAX {717) 238-7750 E-Mail Address: pwlaw@pwlegal.corn ~VVEB SITE: www.pwlegaLcom _Via Fax and Regular Mail Ronald T. Tomasko, Esquire 219 State Street Harrisburg, PA 17101 RE: Timothy McCrone v. Caretti, Inc_. Bureau Claim No.: 2499473 Our File No.: 1-3410 Dear Mr. Tomasko: I received a copy of your July 17, 2003 letter to the Records Custodian at The PMA Group along with the subpoena you issued. I am hereby objecting to the subpoena on the basis that it is overly broad. On June 19, 2003 I advised you that I would provide you with the discoverable records thai: PMA Insurance Group has concerning this matter and I have requested a copy of their file materials in order to do so. I have not yet received the file materials that I requested but when I do, I will send you the discoverable material. By regular mail, I am sending you copies of the following: · The records received via subpoena from Holy Spirit Hospital; · The records received via subpoena from Concentra Medical Centers; · The records received via subpoena from Healthsouth Mechanicsburg; · Records received from Commercial Index Bureau Inc.; · The July 9, 2003 report of Dr. Goodman. July 25, 2003 Page - 2 - In your July 14, 2003 letter you requested the wage data that was utilized in preparing the Statement of Wages. The employer provided you with the wage records in the packet of materials that they sent to you pursuant to the subpoena you issued on June 13, 2003. If, tbr some reason, you cannot locate the information the employer sent to you, please let me know and I will send you an additional copy of the wage records. I have asked the employer to provide me with a copy of the Claimant's weekly wage records since he returned to work and I will send a copy of those wages to you when I receive them. Finally, since Claimant's deposition of Dr. Violago has been scheduled for 1:00 p.m. on August 26, 2003 which is the same day that Judge Clark has relisted this matter for another hearing, I have written to Judge Clark requesting a joint continuance of the hearing scheduled for August 26~. Very truly yours, MRB: mb f enclosures Michael R. Bonshock mrb@pwlegal.com PETERS & WASILEFSKI ATTORNEYS AND COUNSELORS AT LAW 2931 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1250 WILLIAM J. PETERS CHARLES E. WASILEFSKI JOSEPH C. PHILLIPS MICHAEL R. BONSHOCK THOMAS A. LANG STEPHEN F, MOORE SCOTT M. SCHWARTZ ADAM L. SEIFERTFI May 28, 2004 Ronald T. Tomasko, Esquire 219 State Street Harrisburg, PA 17101 RE: Timothy McCrone v. Caretti, Inc. Bureau Claim No.: 2499473 Our File No.: 1-3410 TELEPHONE (717) 238-7555 FAX (717) 238-7750 _E-Mail Address: pwlaw~pwlegal.com WEB SITE: www.pw[egal.com Dear Mr. Tomasko: Following the hearing on April 20, 2004, I asked the employer to provide me with copies of any and all accident reports. Enclosed are the reports they provided to me. You were previously provided with these reports with my letter of June 3, 2003, except for the report regarding the November 17, 2003 incident which obviously was not prepared by June 3, 2003. Although you represented to the Judge at the hearing on April 20, 2004 that you have not received any of these incident reports, this is simply not true. In fact, the injured workers' statement form dated May 13, 2002 was introduced as Defendants' Exhibit 2 during the September 24, 2003 hearing. I am also enclosing the correspondence that was sent to Dr. Goodman and PMA's payment records showing the medical expenses that have been paid. The enclosed information complies with the directive of Judge Clark at the April 20, 2004 hearing. Accordingly, I am hereby requesting that you immediately withdraw the Contempt Petition that you filed in the: Court of Common Pleas of Cumberland County. Very truly yours, MRB:mbf enclosures Cc: The Honorable Charles F. Clark Michael R. Bonshock mrb@pwlegal.com VERIFICATION I hereby affirm that the following facts are correct: I am counsel for Respondent in the foregoing action; the information contained in the attached Answer of Respondent, The PMA Group, to Petition of Timothy McCrone Under Section 436 of the Workers' Compensation Act to Hold The PMA Group in Contempt for Willfully Disobeying Subpoenas Issued By Workers' Compensation Judge Charles F. Clark is true and correct to the best of my knowledge, information :and belief. I hereby acknowledge that the statements set forth in the aforesaid Answer are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Michael R. Bonshock, Esquire Counsel for Respondent, The PMA Group CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tree and correct copy of ANSWER OF RESPONDENT, THE PMA GROUP, TO PETITION OF TIMOTHY MCCRONE UNDER SECTION 436 OF THE WORKERS' COMPENSATION ACT TO HOLD THE PMA GROUP IN CONTEMPT FOR WILLFULLY DISOBEYING SUBPOENAS ISSUED BY WORKERS' COMPENSATION JUDGE CHARLES F. CLARK has been served upon all parties of interest upon all parties on this ~ day of _ ~J-q_~fx,j~, 2004, by depositing same in the United States mail, first class, postage prepaid, and addressed as follows: Ronald Tomasko, Esquire 219 State Street Harrisburg, PA 17101 PETERS & (~ASILE~ TIMOTHY McCRONE, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA THE PMA GROUP, Defendant CIVIL ACTION - LAg/ NO. 04-2266 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of June, 2004, upon consideration of the Petition under Section 436 of the Workers' Compensation Act of Timothy McCrone To Hold the PMA Group in Contempt for Willfully Disobeying Subpoenas Issued by Workers' Compensation Judge Charles F. Clark, and of the Answer of Respondent, The PMA Group, to Petition of Timothy McCrone under Section 436 of the Workers' Compensation Act To Hold the PMA Group in Contempt for Willfully Disobeying Subpoenas Issued by Workers' Compensation Judge Charles F. Clark, a hearing is scheduled for Thursday, July 29, 2004, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT,  sley Oler, ~:., J. ' Ronald T. Tomasko, Esq. 219 State Street Harrisburg, PA 17101 Attorney for Plaintiff Michael R. Bonshock, Esq. 2931 North Front Street Harrisburg, PA 17110-1250 Attorney for Defendant :rc TIMOTHY McCRONE, Plaintiff THE PMA GROUP, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2266 CIVIL TERM PETITION UNDER SECTION 436 OF THE WORKERS' COMPENSATION ACT OF TIMOTHY McCRONE TO HOLD 'I'I3tE PMA GROUP 1N CONTEMPT FOR WILLFULLY DISOBEYING SUBPOEN_AS ISSUED BY WORKERS' COMPENSATION JUDGE CHARLES F. CLARK ORDER OF COURT AND NOW, this 19m day of July, 2004, upon consideration of the attached letter from Ronald T. Tomasko, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for July 29, 2004, is cancelled. BY THE COURT, Ronald T. Tomasko, Esq. 219 State Street Harrisburg, PA 17101 Attorney for Plaintiff Michael R. Bonshock, Esq. 2931 North Front Street Harrisburg, PA 17110-1250 Attorney for Defendant J. W~sley Oler, J~., J. :rc RONALD T. TOMASKO MICHAEL A. KORANDA TOMASKO & KORANDA, P.C. Afforneys at Law 219 State Street Harrisburg, Pennsylvania 17101 Telephone (717) 238-1100 Fax (717) 238-6190 Email: contact @t-klaw.com July 16, 2004 The Honorable J. Wesley Oler, Jr. Court of Common Pleas of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Re: Timothy McCrone v. Caretti, Inc. Civil Action No. 04-2266 Dear Judge Oler: The above,captioned matter involves a Petition for Contempt filed in regard to a concurrently pending workers' compensation claim. As a courtesy to the Court, I wanted to advise Your Honor that on July 2, 2004, counsel for the Defendant/Respondent, The PMA Group, provided me with additional documentary discovery which, on its face, appears to satisfy my client's outstanding discovery requests. Accordingly, the hearing Your Honor had scheduled for July 29, 2004 on this issue no longer appears necessary. Toward this end, I have filed a formal Praecipe to Discontinue with the Prothonotary. I thank the Court for its attention to this matter. RTT/dw cc: Mr. Timoihy McCrone Michael R. Bonshock, Esq. KOR '?TO,MAS ~DA, P.C.