HomeMy WebLinkAbout01-3219COMMONWEALTH OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS
DEPARTMENT OF ENVIRONMENTAL OF CUMBERLAND COUNTY, PENNSYLVANIA
PROTECTION,
Plaintiff Docket No.:
v.
Date Entered:
JAVAD BIGDELI
1212 WOODBINE AVENUE
PENN VALLEY, PA 19072,
Defendant
CERTIFIED COPY OF LIEN
To the Prothonotary of Said Court:
Pursuant to Section 308(e) of the Radiation Protection Act, Act of July 10, 1984, P.L.
688, 35 P.S. § 7110.308(e); this is a Certified Copy of Lien for civil penalties to be entered of
record by you and indexed es judgments are indexed.
Date of Final Amount of Amount Paid
Assessment Assessment lif any) Total Due
12/15/95 $1,560.00 $00.00 $1,560.00
04/21/98 $1,560.00 $00.00 $1,560.00
04/21/98 $1,560.00 $00.00 $1,560.00
10~29/98 $1,560.00 $00.00 $1,560.00
Total $6240.00
Filing Fee
Date David J. Allard, Director
Bureau of Radiation Protection
Department of Environmental Protection
ORIGINAL TO BE RETAINED BY PROTHONOTARY
~ ooo .cE
. .. om ~
u m
.'.?2 3..-
CO~O~EALTH OF PENNSYLVANIA
DEPARTmeNT OF E~I~NT~ ~CTI~
"' ~ · ~ OF ~TI~
~ERTIFIED ~L
In the Matter of:
Ja~d Big~li, D.D.S.
~ 240, 2471 Nor~ 54~ Steer, ~lla~lphia, PA 19131
I.D. 901-14729
Notico off Civil PenoltyAseeesment
The Commonwealth of Pennsylvania, Department of Environmental
Protection (~Department") assesses a civil penalty as follows:
A. Javad Bigdelt is a Dentist doing business at Room 240,
2471 North 54th Street, Philadelphia, PA 19131.
R. Javad Bigdell, D.D.S., owns and operates one or more
radiation-producing machines containing one tube(s).
C. On September 1, 1995, the Department mailed a radiation
source invoice to Javad Bigdeli, D.D.S. advising that an annual
registration fee for radiation-producing machines in the amount of
$75.00 for 1995 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On November 14, 1995, the Department sent Javad Bigdeli,
D.D.S. a letter advising that if it did not receive payment of the
required fee within ten business days from the date of the letter,
the Department would proceed with enforcement action.
E. On December 15, 1995 the Department mailed to Javad
Bigdeli, D.D.S. a Notice of Violation letter advising that failure
to pay the required annual registration fee is a violation of the
Radiation Protection Act and regulations promulgated thereunder.
The letter further stated that if payment of the required
registration fee was not received within ten business days from the
date of the letter, the Department would issue a civil penalty
assessment.
F. Pursuant to 25 Pa. Code Sections 218.11 and 218.12, which
were promulgated pursuant to Sections 301 and 401 of the Radiation
Protection Act, 35 P.S. Sections 7110.301 and 7110.401, Jevad
Bigdeli, D.D.S. is required to pay, within 15 days of receipt of
the invoice, an annual fee in the amount of $75.00 for re-
registration of the radiation-producing machines.
G. Despite repeated demands, Javad Bigdeli, D.D.S., has
failed to pay the required registration fee.
H. Pursuant to the Department's authority under Section 308
of the Radiation Protection Act, 35. P.S. Section 7110.308(e), the
Department hereby assesses acainst Javad Ri~]~. n n ~ ~ ~,,~
I. The amount of the civil penalty was calculated as
follows:
a. Severity classification: Level III
b. Culpability classifioation: Negligent
c. Total civil penalty assessment: $1,560
Payment of the civil penalty should be made by means of
oertl£ied ohmck or~one¥ 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.
A~peals 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.
Keith C. Kerns
Acting Director
Bureau of Radiation Protection
C~4WEALTH OF pEI4NSYLVANIA
DEPArTmeNT OF ENV~(H~NTAL pROTZCTIO~
".' ...'". ~ OF ~IATI~
CERTIF~ED~L Z 193 637 807
In the Matter o[:
p~ 240, 2471 N. 54~h Street ~ila~lphia, PA 19131
I.D. J01-14729
Noti~ of Civil ponal~
The Co~onwealth of pennsylvania, Depar~ent of Enviro~ental
protection (~Depar=ment") assesSeS a civil penalty as EollOWS:
R. ~avad B~del~ is a dentist doing business at Room 240,
2471N. 54th St., Philadelphia, PA 191~1.
1 deli, D.D.S- owns and operates one or more
B. Javad B'g . = =-~- one
C. On January 29, 1998, the Department mailed a radiation
source invoice to Javad Bi,deli, D.D.S. advising that an annual
registration lee ~or radiation-producing machines i~ the ~ount of
$75.00 [or 1997 was due and owin~ to the Department within 1~ days
Erom the date off receipt o~ 'the invoice-
D. ~ March 12, 1998, the Department sent Javad Bigdeli,
D.D.S- a letter advising that i~ it did not receive pa~ent of the
required ~ee within ten business days from the date o[ the letter,
the Department ~ould proceed with enforcement action.
E. On ~ril 21, 1998 the Department mailed to Javad Bigdeli,
D.D.S- a Notice of vfolation letter advising that failure to pay
the required annual registration Eee is a violation oE the
Radiation Protection Act and regulations promulgated thereunder-
The letter [urther stated that if pa~ent o[ the re~ired
registration lee was not received within ten business days from the
date oE the letter, the Department would issue a civil penalty
F. Pursuant to 25 Pa. code Sections 218.11 and 218.12, which
were promulgated pursuant to Sections 301 and 401 o[ the ~adiation
Protection Act, 35 P.S. Sections 7110.301 and 7110.401, Javad
Bigdeli, D.D.S., is re~ired to pay, within 15 days oE receipt of
the invoice, an annual ~ee in the a~unt of $75.00 for re-
registration of the radiatiOn-producing machines-
G. Despite re9eared demands, Javad Bigdeli D.D.S., has
Jailed to 9aY the required registration fee.
- ~artment's authority under Section 308
~. Pursuant to tn~ ~ = ~= u S Section 7110.308(e), the
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
oertified oheck or mone~ order in the ~-~-t of ~1S60.O0 made
payable to Department of Environmental Protection and s ~t to
Department of Environmental Protection, P.O. Eox 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 Com~nonwealth 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, 3% 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 Belay 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 ripht of appeal
beyond that permitted by applicable statutes and decisional law.
Keith C. Kerns
Acting Director
Bureau of Badiation Protection
CC~4~HWEALTH O~ PEIqMSYLV~IA
. · DEPARTmeNT OF ENVIROnmeNTAL PPI)TECTIO~
· ' . : BUREAU OF RADIATIO~ PROTECTI(~q
CERTIFIED MAIL z 193 637 806
In the Matter of:
Jevad Bigdeli, D.D.S.
Roc~ 240, 2471 N. 54th Street Philadelphia, PA 19131
I.D. 901-14729
Notice o£ Civil Penalty A~sessment
The Commonwealth of Pennsylvania, Department of Environmental
Protection (~Department") assesses a civil penalty as follows:
A. Javad Bigdeli is a dentist doing business at Room 240,
2471N. 54th St., Philadelphia, PA 19131.
B. Javad Bigdell, D.D.S. owns and operates one or more
radiation-producing machines containing one tube(s).
C. On May 9, 1997, the Department mailed a radiation source
invoice to Javad Bigdeli, D.D.S. advising that an annual
registration fee for radiation-producing machines in the amount of
$75.00 for 1996 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On March 12, 1998, the Department sent Javad Blgdeli,
D.D.S. a letter advising that if it did not receive pa!anent of the
required fee within ten business days from the date of the letter,
the Department would proceed with enforcement action.
E. On April 21, 1998 the Department mailed to Javad Bigdeli,
D.D.S. a Notice of Violation letter advising that failure to pay
the required annual registration fee is a violation of the
Radiation Protection Act and repulations promulgated thereunder.
The letter further stated that if payment of the required
registration fee was not received within ten business days from the
date of the letter, the Department would issue a civil penalty
assessment.
F. Pursuant to 25 Pa. Code Sections 218.11 and 218.12, which
were promulgated pursuant to Sections 301 and 401 of the Radiation
Protection Act, 35 P.S. Sections 7110.301 and 7110.401, Javad
Bigdeli, D.D.S., is required to pay, within 15 days of receipt of
the invoice, an annual fee in the amount of $75.00 for re-
registration of the radiation-producing machines.
G. Despite repeated demands, Javad Bigdell D.D.S., has
failed to pay the required registration fee.
H. Pursuant to the Department's authority under Section 308
of the Radiation Protection ACt, 35 P.S. Section 7110.308(e), the
Department hereby assesses against Javad Bigdeli, D.D.S., a civil
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 oheok or mone~ 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 =ivil
penalties for the continued failure to pay the required
registration fee.
If any person liable to pay a civil penalty fails to pay ~t,
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 locslsd.
Any person aggrieved by this action may appeal, pursuant to
Section 4 of the Environmental Hearing Board Act, 35 P.S. Ssctlon
7514; and the Administrative Agency Law, 2 Pa. C.S., Chaptsr ~A to
the Environmental Hearing Board, P. O. Box 8457, 400 Market Sureet,
Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact
the Board through the Pennsylvania Relay Service, (800) 654-~984.
Appeals must be filed with the Environmental Hearing Board within
30 days of receipt of written notice of this action unless
appropriate statute provides a different time period. Cc,!es of
the appeal form and the Board's rules of practice and proced=re may
be obtained from the Board. The appeal form and the Board's rules
of practice and procedure are also available in Braille or :n
audiotape from.the Secretary to the Board at (717) 787-348]. This
paragraph does not, in and of itself, create any right of a~eal
beyond that permitted by applicable statutes and decisional law.
Keith C. Kerns
Acting Director
Bureau of Radiation Prote=~ion
CERTIFIED MA~T. z 193 637 874
In the Matter of:
Javad Bigd81i, D.D.S.
Roc~ 240, 2471 N. 54th Street Philadelphia, PA 19131
I.D. No. 01-14729
Notioe of Civ~l Penalty Asses~nent
The Commonwealth of Pennsylvania, Department of Environmental
Protection (~Department") assesses a civil penalty as follows:
A. Javad Bigdeli is a dentist doing business at Room 240,
2471 N. 54th St., Philadelphia, PA 19131.
B. Javad Bigdeli, D.D.S., owns and operates one or more
radiation-producing machines containing one tube(s).
C. On September 16, 1998, the Department mailed a radiation
source invoice to Javad Bipdeli, D.D.S., advising that an annual
registration fee for radiation-producing machines in the amount of
$75.00 for 1998 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On October 6, 1998, the Department sent Javad Bigdel£,
D.D.S., a letter advising that if it did not receive payment of the
required fee within ten business days from the date of the letter,
the Department would proceed with enforcement action.
E. ' On October 29, 1998 the Department mailed to Javad
Bigdeli, D.D.S., a Notice of Violation letter advising that failure
to pay the required annual registration fee is a violation of the
Radiation Protection Act and regulations promulgated thereunder.
The letter further stated that if payment of the required
registration fee was not received within ten business days from the
date of the letter, the Department would issue a civil penalty
assessment.
F. Pursuant t~ 25 Pa. Code Sections 218.11 and 218.12, which
were promulgated pursuant to Sections 301 and 401 of the Radiation
Protection Act, 35 P.S. Sections 7110.301 and 7110.401, Javad
Eigdeli, D.D.S., is required to pay, within 15 days of receipt of
the invoice, an annual fee in the amount of $75.00 for re-
registration of the radiation-producing machines.
G. Despite repeated demands, Javad Bigdeli D.D.S., has
failed to pay the required rep~stration fee.
H. Pursuant to the Department's authority under Section 308
of the Radiation Protection Act, 35 P.S. Section 7110.308(e), the
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
oertifiedoheck or~n~e-'~-~ in the ~-~,-t of ~1f560.00 made
payable to Department of Environmental Protection and se,,t to the
Department of Environmental Protection, P.O. Box 8455, Harrisburg,
PA 17105-8455.
The Department reserves its right to assess additional civil
penalties for the continued failure to pay the required
registration 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
7514g 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 Belay 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.
David J. Allard
Director
Bureau of Radiation Protection
IN THE
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF ENVIRONMENTAL :
PROTECTION, :
:
Plaintiff Docket No.
vs. Term,
JAVAD BIGDELI
1212 WOODBINE AVENUE
PENN VALLEY, PA 19072, :
:
Defendant :
PRAECIPE FOR APPEARANCE
To The Prothonotary Of Said Court:
Kindly enter my appearance on behalf of the plaintiff, Commonwealth of
Pennsylvania, Department of Environmental Protection.
Stuart M. Bliwas
Assistant Counsel
Attorney ID #10242
Commonwealth of Pennsylvania
Dept of Environmental Protection
Office of Chief Counsel
General Law Division
P.O. Box 8464
Harrisburg, 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.
VS.
.
JAVAD BIGDELI :
1212 WOODBINE AVENUE :
PENN VALLEY, PA 19072. :
:
Defendant :
CERTIFICATE OF RESIDENCE
I hereby certify that the name and address of the person to receive notice of this
judgment, or last known address of the defendant is:
JAVAD BIGDELI
1212 WOODBINE AVENUE
PENN VALLEY, PA 19072
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
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO.01-3~1c~ CIVIL 1~ TEi~J
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW --
TO THE SHERIFF OF Ctm~ber'land COUNTY:
To satisfy the debt, interest and costs due Commonwealth of Pennsylvania Department of
Environmental Protection , PLAINTIFF(S)
from Javad B~_~ell 2471 N 54th Street. Suite 240, Philadelphia, Pa. 19131
DEFENDANT{S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __
The Pennsylvania Dental Service Corporation t/a Delta Dental of Pennsylvania
1 Delta D~ive, Mechanicsburg, Pa. 17055
f~i~ed-Concordia Dental Plan~ nF Pennsylvania. Tn~- 1R0~ C~_n~_r ~treet
C~ Hill, Pa. 17089 t~RNTgH~ a~ fn]lr~: A]] Prr5~_ ~-t~_ of the above named defendant
~ncluding. wi~hn~,t l~mitation, all savinqs and checking accounts, ~t~S) as foliows:
cP~-~:~ate~ of R _m~n~t. d~nn~its and all debts and other ob~ ,n~tions owing frc~ the above
~ ' daf t.
debt to or for the account ef the defendant(s) and from delivering any propeNy of the defendant(e) or otheNv~e disposing
thereof;
(3) If Propen~ of the defendant(s) not levied upon an subject Io a~achment i$ found in the posseasion of anyone other
than a named garnishee, you are directed to not~y him/her that he/she has bean added as a garnishee and is enjoined as above
stated.
Amount Due S6.240.00 L.L. $0.50
~of 6 percent per annum from 5/25/01
$ !2~.~0 Due Prothy 1_~0
Affy's Comm % Other Costs
Atty Paid ? 7. 511
Plaintiff Paid
Date: _October 2. 2001 Curtis R. Lonq
Prothonotary, Civil Division
/ / Deputy
REQUEST~.~,~,alth, k,~_=~Tv-- of Penna. Dept of Environmental Protection
Name Rh~ M. Rl~wa~.E~q.. Asst. Counsel
Address: ~_ n_ ~ R46,4
Ha~"'i_~hurq. Pa. 17105-8464
Attorney for: Plaintiff
Telephone: [717} 787-1956
Supreme Court ID No.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONI~D, no action taken in six months.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs: 118.93
Docketing 18.00 31.07
Poundag~ 2.33
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Arty on 7/1/02
Mileage 9.10
Misc.
Surcharge 30. O0
Levy 40. O0
Post Pone Sale
Garnishee 18, O0
Sworn and Subscribed to before me So Answers;
this i~~ day o R. Thomas Kline, Sheriff
prOm~notsry
IN T~E
247~ N-
De~e~dant :
and : Exeout f °~ No.
CORpo
PE~ ~TION T D~ :
~ ~_~YLv~¢, /A DELTa ~_SERv~
MECNa ~,~_DR~~ T~
, PA 170SS ·
and .
~TED CON :
PE~yL CORD~A .
1800 --V~IA - DENTa r ·
~ HILL - ~EET : ' PA 17089 :
Ga~ni Shees :
THE
ISSUe Writ of
(1) Directed t~ t EXecution in the above
~) Pennsylvania; he Sheriff of ~erland County,
against Javad
~n~F aga~ns t Th
,lv~nf:nn~Ylv~ ~ental del
1 ~ans of
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2001-03219 P
C0~MONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
ENVIRONMENTAL PROTECTION DEPT
VS
BIGDELI JAVAD
And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:20 Hours, on the 3rd day of October , 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
BIGDELI JAVAD , in the
hands, possession, or control of the within named Garnishee
UNITED CONCORDIA DENTAL PLANS OF PENNSYLVANIA INC
1800 CENTER ST
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
SALLY MCCOY (PARALEGAL)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So
Docketing .00 a~~
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
.00
00/00/0000
Sworn and subscribed to before me
- Deputy
Pr4t~onotary ~ ,"
SHERIFF'S RETURN - GARNISHEE
C%S~ NO: 2001-03219 p
COMMONWEALTH OF PENWSLYVANIA
COUNTY OF CUMBERLAND
ENVIRONMENTAL PROTECTION DEPT
VS
BIGDELI JAVAD
And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:25 Hours, on the 3rd day of October , 2001, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
BIGDELI JAVAD , in the
hands, possession, or control of the within named Garnishee
THE PENNSYLVANIA DENTAL SERVICE CORP., T/A DELTA
DENTAL OF PENNSYLVANIA 1 DELTA DRIVE
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by handing to
KIM MCCOY (PERSONNEL MGR)
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs: So answers:
Service .00
Affidavit .00 R. Thomas Klin~
Surcharge .00 Sheriff of Cumberland County
.00
.00
00/00/0000
Sworn and subscribed to before me
this /~ ~ day of ~_~_~. By ~ /~~--
Deputy ~eriff
~; A.D.
Prdh]4onot ary ·
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF ENVIRONMENTAL :
PROTECTION, :
Plaintiff :
V.
: NO. 2001-03219
JAVAD BIGDELI :
2471 N 54TM STREET, SUITE 240 :
PHILADELPHIA, PA 19131 :
: Execution No.
Defendant :
and :
THE PENNSYLVANIA DENTAL SERVICE :
CORPORATION T/A DELTA DENTAL OF :
PENNSYLVANIA :
1 DELTA DRIVE :
MECHANICSBURG, PA 17055 :
:
UNITED CONCORDIA DENTAL PLANS OF :
PENNSYLVANIA, INC. :
1800 CENTER STREET :
CAMP HILL, PA 17089 :
Garnishees :
ANSWERS TO
INTERROGATORIES IN ATTACHMENT
THE PENNSYLVANIA DENTAL SERVICE CORPORATION T/A DELTA DENTAL
OF PENNSYLVANIA
To: The Pennsylvania Dental Service Corporation t/a Delta Dental
of Pennsylvania and United Concordia Dental Plans of
Pennsylvania, Inc.,
(Garnishees)
You are required to file answers to the following
interrogatories within twenty (20) days after service upon you.
Failure to do so may result in judgment against you:
1. At the time you were served or at any subsequent time
did you owe the defendant any money or were you liable to him on
any negotiable or other written instrument, or did he claim that
you owed him any money or liable to him for any reason? If so,
state the exact amounts.
2. At the time you were served or at any subsequent time
was there in your possession, custody or control or in the joint
possession, custody or control of yourself and one or more other
persons any property of any nature owned solely or in part by the
defendant? If so, describe all such property with specificity
and give the exact locations thereof.
ANSWER
No.
3. At the time you were served or at any subsequent time
did you hold legal title to any property of any nature owned
solely or in part by the defendant or in which a defendant held
or claimed any ~nterest. If so, describe all such property with
specificity and give the exact locations thereof.
ANSWER:
No. -2-
4. At the time you were served or at any subsequent time
did you hold as fiduciary any property in which the defendant
held an ~nterest. If so, describe all such property with
specificity and give the exact locations thereof.
NO.
5. At any time before or after you were served did the
defendant transfer or deliver any property to you or to any
person or place pursuant to your direction or consent and if so
what was the consideration thereof? If so, describe all such
property with specificity, give the exact locations of all such
property and describe with specificity, all such consideration,
including, without limitation, the exact amounts.
ANSWER:
No.
-3-
6. At any time after you were served did you pay, transfer
or deliver any money or property to the defendant or to any
person or place pursuant to his direction or otherwise discharge
any claim of the defendant against you? If so, give the exact
amounts and describe all such property with specificity,
including the exact location thereof.
ANSWER:
NO.
-4-
7. Describe, in detail all accounts receivable, contract
rights, and other obligations, whether pecuniary or not, owing
from you to defendant, and describe in detail, all documents and
other papers which pertain, relate to, or evidence such accounts
receivable, contract rights and other obligations, including but
not limited to the dates, individual signers, and specific
contents of all such documents and other papers. Attach to your
answer to these interrogatories copies of all documents and other
papers which have been described in your answer to interrogatory
No. 7
ANSWER:
Delta does not have any claims from Dr. Javad Bigdeli, nor does Delta owe Dr.
Javad Bigdeli any money for claims incurred to date. A copy of Dr. Javad
Bigdeli's participating dentist agreement with Delta is attached.
Stuart M. Bliwas, Assistant Counsel
Attorney for Plaintiff
Commonwealth of Pennsylvania
Dept of Environmental Protection
Office of Chief Counsel
General Law Division
P O Box 8464
Harrisburg, PA 17105-8464
717-787-1956
Dated: r~-~' --~/
-5-
Understanding that false statements herein are made subject
to the penalties of 18 Pa. C.S. § 4904, relating to unsworn
falsification to authorities, I verify that I Whitney Sherbocker
(name of person signing verification) am an authorized
The Pennsylvania Dental Service Corporation t/a
representative of~ Delta Dental of Pennsylvania ~, garnishee,
that I hold the title of Manager, Administration , and that the
facts set forth in answers to Interrogatories in Attachment are
true and correct to the best of my knowledge, information and
belief.
-6-
~. PARTTCTPATTNG DKNTT-qT AGRKEHKNT
This AGR££M£NT made the day of by and between Delta Dental of Pennsylvania,
hereinafter called Delta, and the undersigned, hereinafter called Dentist. Delta groups or Delta
subscribers hereinafter mean either groups or subscribers under contract to, or covered by contracts
with Delta, or another Delta Dental Plan for which Delta ts providing administrative services.
1. When this agreement becomes effective, Dentist shall be a Participating Dentist of Delta
and shall be duly registered as such.
2. Dentist shall be eli£ible to become and entitled to vote for a Director of Delta for his
district and to participate tn the utilization review program of Delta.
3, Dentist shall receive a Participating Dentist Manual describing practices and procedures
of Delta.
z. Delta shall make every effort to increase the number of Delta groups in Dentist's
District, and to consul! with Dentist with regard to potential groups.
5. Dentist shall submit to Delta an initial Confidential Fee Listing and may file additional
Confidential Fee Listings whenever he makes a general revision of his fees, certified by him to be
current and consistent with charges generally made by him in his practice, which filing shall be
used periodically by Delta to calculate the Usual, Customary and Reasonable Fee of Dentist.-
6. Dentist shall submit claims on a claim form from which Delta shall verify eligibility and
coverage. If a claim for covered services is for an amount in excess of a sum determined by Delta,
a prerequisite for approval, bui not to the detriment of the subscriber, shall be that Dentist submit
a claim form to Delta for predetermination of eligibility and coverage before he provides the service
for which claim will be made.
7. Delta shall provide prompt claim service to the extent that, unless special review is
warranted, payment shall be made by Delta within thirty (30) days of receipt of an approved claim,
and if not so paid within thirty (30) days, Delta shall furnish written notice of the reason for
non-payment. '
8. Delta shall make every effort to assure that Dentist shall have ready access to its offices
and personnel during business hours with regard to claims and the operating procedures of Delta.
9. Delta subscribers shall be treated with the same quality and charged consistent with the
balance of Dentist's practice. All services provided on behalf of Delta shall be in accordance with
the best dental practice in the community at the time, with regard to quality of service and
appropriateness of treatment.
10. Dentist shall accept as full payment for services provided to Delta subscribers his
charged fee, not to exceed his Usual, Customary and Reasonable fee as calculated by Delta from his
filed fee and those of other Participating Dentists of Delta.
l.'~. 11. For services provided to a Delta subscriber covered as a benefit in a Delta group
c?. contract for the subscriber, Dentist shell only charge the subscriber the difference, if any, between
~-~ the payment made by Delta for such service and the Usual, Customary end Reasonable fee for such
~ service, as calculated by Delta, or the actual fee charged, whichever is less and shall not charge
C~ or accept an additional amount for such services.
12. Services are not covered by Delta when quality or appropriateness of treatment are
deleterious to the subscriber's health, as measured by the best dental practice in the community at
the time. Dentist shall not charge subscriber until services do meet such community standard.
13. Dentist shall receive ell payments flora Delta for service to Delta subscribers directly
from Delta.
1~. Dentist shall cooperate with Delta in its claims evaluation activities and with the Dental
Affairs Committee in its assigned functions, and be bound by the terms and conditions of the Bylaws
of Delta as they apply to the obligations of Delta to its subscribers and receipt of a copy of the
Bylaws is herewith acknowledged by Dentist.
15. Dentist will comply with Title VI of the Civil Nights Act of 19~5 (P.L. 88-352) and the
Negulations of the Office of Economic Oppo~unity issued pursuant to that Title (A5 ¢.F.N. Part 1010)
and all similar lays to the end that no person shall, on the grounds OF race, color, or national
or,gin, be excluded from participation in, be denied the benefits of, or be othorwlee subjected to
discrimination under any program OF activity tO which Delta subscriber is entitled. Dentist hereby
Stvee assurance that he viii immediately take any measures to effectuete this Section.
16. The term of this Agreement shall be one year from its effective date and the Agreement
shall be renewable from year to year upon compliance with its provisions.
17. Delta may terminate this Ajreement only with the approval of the pennsylvanie
Department of Health.
18. Dentist may terminate this Agreement on thirty (30) days written notice to Delte.
19. In the event Dentist terminates this Agreement vhtle providing services to a Delta
subscriber, the Agreement shall not terminate as to those services until they ere completed and
payment on eccount of them hms been mede by Delta.
20. This Agreement shall be effective only on receipt by Delta of an initial Confidential Fee
Listing from Dentist.
IN WITNESS WHEN£OF, on the day and year first above written, the parties hereto, their heirs,
administrators, successors and aceiflns, hereto agree to be bound hereby.
DENTIST: DELTA DENTAL OF pENNSYLVANIA
Signature Presictent
Please Print Neme
PALlcence No.
CM198305
CERTIFICATE OF SERVICE
AND NOW, this I '~f~day of October, 2001, I, Whitney Sherbocker, of The Pennsylvania
Dental Service Corporation t/a Delta Dental of Pennsylvania, hereby certify that I have this day
served a ~rue and correct copy of the foregoing Answers to Interrogatories in Attachment by first
class mail, postage prepaid, addressed to the parties or counsel of record as follows:
Stuart M. Bliwas, Assistant Counsel
Commonwealth of Pennsylvania
Department of Environmental Protection
Office of Chief Counsel
General Law Division
P. O. Box 8464
Harrisburg, PA 17105-8464
DELTA DENTAL OF PENNSYLVANIA
Wh~Silerbock~r