Loading...
HomeMy WebLinkAbout01-6986YVONNE BEARD, THE PMA GROUP, Petitioner, : : No. 6, gPL Respondem. : CIVIL ACTION- LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETITION OF YVONNE BEARD TO HOLD THE PMA GROUP IN CONTEMPT FOR WILLFULLY DISOBEYING A SUBPOENA ISSUED BY WORKERS' COMPENSATION JUDGE MICHAEL IL 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 individua! 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 Respondem'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 for 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. 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. Hetfick. 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 tree 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) paymems 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 tree 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- information consistent with the subpoena request in order to decipher the payment screens provided by Respondent. To date, the Respondent has willfully and intentionally refused to comply with the 11. subpoena. 12. Under the Pennsylvania Workers' Compensation Act ("Act"), a workers' compensation judge does not have the power to enforce 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 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 Respondem's deliberate failure to comply with the subpoena has substantially prejudiced the Petitioner's rights in the workers' compensation iitigation~ 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 Respondem he held in comempt for its willful disobedience of the subpoena; -3- (c) attorney's fees incurred in connection with the instant Petition; and (d) Any other relief that is deemed necessary or just. That the Respondent be ORDERED to comply with subpoena immediately; That the Respondent be ORDERED to pay the Petitioner reasonable costs and Respectfully sub~od~ TO~AS~O 219 S~e S~ 1 H~bmg~7 [p 1/I t°° ' ~O~D"~O~i :o ARomey for Petitioner -4- F~NALD T, TOMA~KO MICHAELA. KOqRANOA BRIAN A. MCCALL TOM. gO & KorinnA, P.C. Attome~ m Law 219 State Street Hm~t~burg, Pennsytvania 17101 August 28, 2001 Records Custodian The PMA Group PMA Corporate Processing Center P.O. Box 605 Lemoyne, Permsylvania 17043 Re: Yvonne Beard v. Commissioners for York County Social Seeurity No. 171-~6-4I$8 Bureau Claim No. 302288; Dear Sir/Madam: Telephone (717) 238-1100 Fax (717) 238-61g0 In accordnnce with 34 Pa. Code §13i.68, I enclose a Subpoena for the production of yonr records in connection with the above-referePced matter. Please note that this Subpoena is for thc production of your records only, and that you need not attend at thc designated time as long u the enclosed Affidavit certifying that the records pursuant to thc Subpoena have been prod~c'ed is properly completed and submitted along with your records pr/or to September 12, 2001, ~ r ~ur~AD~L~. TOMASK~) - RTT/dw enc]osttte.~ cc w/encl: Michael R. Bonshock, Esqi EXHIBIT A sUBPOENA COMMONWT~ALTH OF PEN~LSYLYANIA DEPARTMENT OF LABOR AND ~qDUSi'tt¥ _ The PMA Group P.O. Box 605 _ Lemoyne, Pennsylvania 17043 302286 Yvonne ~ard CLAn~T 536 Wiloon Court York, PA 17403 . ~Couttnsiouer8 fo~_York Cou~t 118 Pleasaflc Acres Road York, PA 17402 : ImeebY °rdered' pmsum M the P~aion* d the Wodmr,' Compenmflon Ae~ ~o come to s he~ ~ (~ T0~ASKO & E~M~A, P.e., 219 State S~reet, Harriaburg, Pennsylvania 17101 oa(d~a ~ndtime) S~t',~d-~r 1~_ ~flfll., 1~'..00 ri.a.,, intheC~To~ Dauphin £~ MT HAND AND SEAL OF THE Amrney: Ronald T. ,mask, E uire ! . Addrm: ~ & ~ P.C. .219 State Street Haz-ri Penns lvania 17101 YVONNE BEARD, COMMONV~EALTH OF PENNSYLVANIA DEPARTMEWF OF LABOR AND INDUSTRY BI.EAU OF WORKERS, COMPENSATION Claimant, COUNTY OF YORK, Defendant. : SOCIAL SECURITY NO. 171-46-4158 : : BUREAU CLAIM NO. 302288 TO: NOTICE OF BECORDS DEPOSITION Records Custodian ~ The PMA Group i PMA Corporate Processing center P.O. Box 25248 i ~ Lehigh Valley, Pennsylvania 18002-5250 PLEASE TAKE NOTICE thai pursuant to 34 Pa. Code 131.68, the Claimant will take the deposition ofthe records custodian of/he PM.4 Group. at the offices of Tomasko & Koranda, P.C., 219 State Street, Harrisburg, Pennsylvania 17101, on Seplember 12, 2001 at 12:00 p.m. THESE DEPOSITIONS ARE.FOR TI~ PURPOSE OF COPYING RECORDS. There will b~ no inlcrrogation ofthc deponent; it is expected that no attorneys ~ill appear. YOU MAY OBJECT to this Recor~ls Deposition by mail or delivering a letter listing your objections to Tomasko & Koranda, P.C., 219 State StreW, Harrisburg, Petmsylvania 17101, at least seven (7) days prior to September 12, 2001. Respectfully submitted, TOMASKO & 219 Stato Str~ Hm'fisburg~ Tel~°~ By: ~AfAr.V! )RANDA xMO A~tomcys for the Claimant YVONNE BEARD, COMMONVv~ALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS' COMPENSATION Chirgmnt, COL~TY OF YORK. Defendant. : SOCIAL SECURITY NO. 171-46-4158 : : : : B/~REAU CLAIM NO. 302288 : l, ~ ~s~, ~g duly sworn n~ordiq to Inw, d~ and say ~t ! am ~e duly au~d ~si~i~ of rmords for ~~ wi~ follo~: (a) l~e r~ a~ched he.to ar~ ~c ~d co~t copi~ of ~nt r~r~ in my cmt~y, ~ lo ~ rehfing to all p~t rcc~ or ~?ecns show~ ~y and all p~n~ ~ to ~nunt ud ~t's ~a~c~ p~&~s ~m O~, 2~ to ~c~n~ hclusi~ of all HCFA 15~ or sight fo~ ~ c~ing m~i~l ~co~ ~ on h~ ~-~ hj~ ofJ~e 26, 1~2. All recm~ pr~uc~ of ~s~ by au~ ~rso~ or ~l ~og n~r ~e ~e ~ ~c act, ~ition or event; and (c) A c~e~! s~ch hs ~n ~ by me or at mY dt~ctlon for records ]~ to ~ a~vc t~n~s~ ~ix~l ~d have ~n p~u~d p~s~t ~ ~e a~h~ sub~e~ duces t~um comfi~te ail of ~c ~ of~c i~ivi~nl ~ identified for her wo[k-?elat~ ~j~. I d~l~e ~nt ~e fowgo~ ftc~ u a~ ~ my ~1 ~wl~gc aw ~e and co.cci and ~c o~r fac~ ~nU~ h~ ~ ~ ~d co~ to ~e best ~my ~o~c~c, info~fion, and ~licf. E~ED ON at (date) Rand~ L. Baker-Turner (~nt m ~ name) SWOIO~ to and subscribed before me this day of ,2001. Account Clm~mm Repramentative (Prim or type title and position) PMA Insurance Group Nom'y Public MY COMMISSION EXPIRES: RONALD T. TOMASKO MICHAEL A. KORANDA BRIAN A. McCALL TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 October 3, 2001 Telephone (717) 238-1100 Fax (717) 238-6190 Michael R. Bonshock, Esquire Peters & Wasilefski, P.C. 2931 Norhh Front Street Harrisburg, Pennsylva_n_ia 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 v/sit, 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 heating back from you regarding the above as soon as possible. RTT/dw !S g /KQRANI ,% P.C. · 'OMASi 0'I 'L2 RONALD T. TOMASKO MICHAEL A. KORANDA BRIAN A. McCALL TOMASKO & KORANDA, P.C. Attorneys at Law 219 State Street Harrisburg, Pennsylvania 17101 Telephone (717) 238-1100 Fax (717) 238-6190 October 17, 2001 Michael IL 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 infonuation 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 infonnation. 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 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 fa!~ statements contained herein are made subject to penalties of rom falsification to authorities. I I //, ~o~o T. TO~'~AS~O YVONNE BEARD, VS. THE PMA GROUP, Petitioner, Respondent. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this ~ day of December 2001, I, Brian A. McCall, Esquire, hereby certify that I served the within PETITION OF YVONNE BEARD TO HOLD PM& 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 Lemoyne, Pennsylvania 17043 TOMASKO & KORANDA, P.C/' ~ Harrisburg, Pennsylvania 17101 Telephone: 717-238-1100 LA W OFFICES TOMASKO & KORANOA, P.C. 219 STATE STREET HARRISBURG, PENNSYLVANIA 17101 TELEPltONE: (717'} 238-1100 FAX: (717`} 238-6190 YVONNE BEARD, VS. THE PMA GROUP, Petitioner, : : No. . : : R~spondem. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RULE ANDNOW, this,/ ~.e dayof ~e.~.d.~ ,2001, upon consideration ofthe Petition to hold Respondent, The PMA Group, in contempt for willfiflly disobeying a subpoena issued by Workers' Compensation Judge Michael R. Hetrick, a RULE is hereby issued directing Respondent to show muse, if any, why the relief requested should not be granted. Rule returnable within po days of service. BY THE COURT, ,J. BRINTON E. FOX, Plaintiff V MELISSA A. FOX, Defendant MELISSA A. FOX, Plaintiff V BRINTON E. FOX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-0130 CIVIL TERM : : PROTECTION FROM ABUSE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ~VIL ACTION - LAW : NO. 01-6896 CIVIL TERM : PROTECTION FROM ABUSE IN RE: PETITION FOR INDIRECT CRIMINAL CONTEMPT pRDER OF COURT AND NOW, this 6th day of February, 2002, on agreement, action on the cross motions for contempt filed in the above-captioned matters is deferred. Both of the temporary protective orders entered in the above cases are modified to permit the parties to have contact with regard to matters involving their minor children and for the purpose of coming to pick up or to deliver the children at their respective homes. The exchange of custody of the children shall take place with the receiving parent providing transportation. The parties will remain in their vehicle that pick up or drop off Rnd remain parked on the roadway or at the end of the driveway while the children walk to the other parent's residence. By the Court, kev~A. Hess, j, Jonathan Birbeck, Esquire Assistant District Attorney Rebecca Hughes, Esquire _ William Braught, Esquire~ ~l~o~U~i~o~efender ~/~~ · Probation :bg YVONNE BEARD, VS. THE PMA GROUP, Petitioner, Respondent. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6986 (Civil Term) 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 Streefl// Harrisburg,)~/4 ~ 10sl Telephon~ 7) 3 1100 1 RONALD T. TOMASK0 Counsel for Petitioner, Yvonne Beard