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HomeMy WebLinkAbout13-5768 IN THECOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NCOB DAYCARE CENTER and : No. 13^571oB Givil-rerM CHURCH MUTUAL INSURANCE CO., Petitioner Miscellaneous Action - Law V. „O C.; - mix T&T CONSTRUCTION AND PLUMBING and GWENDOLYN BARRICK, t.<> Respondent a 7:C-, CD MOTION OF NCOB DAYCARE CENTER AND CHURCH MUTUAL INSURANCE CO TO ENFORCE SUBPOENA OF WORKERS' COMPENSATION JUDGE,DAVID WEYL Movants, NCOB Daycare Center and Church Mutual Insurance Co., (hereinafter "Movants"), by and through their attorneys, The Chartwell Law Offices, LLP, respectfully file this Motion to Enforce Subpoena of Workers' Compensation Judge, David Weyl. In support of their Motion,Movants aver as follows: 1. This Honorable Court has jurisdiction over the instant Motion pursuant to Section 436 of the Pennsylvania Workers' Compensation Act, 77 Pa. C.S. § 992, and Section 931(a) the Judicial Code,42 Pa. C.S. § 931(a). 2. Movant, NCOB Daycare Center, Inc., is a corporation that has its registered address as 16A Carlisle Road,Newville,PA 17241. 3. Movant, Church Mutual Insurance Co., is NCOB Daycare Center's Pennsylvania Workman's' Compensation insurance carrier, and has its registered address as P.O. Box 342, Merrill,WI 54452-0342. p t D3.,75 P 0 ATW ag3A � `a9toy77 J S 4. Respondent, Gwendolyn Barrick, is an adult individual who resides at 61 Fickes Road, Newville,PA 17241. 5. Respondent, T&T Construction & Plumbing, LLC, is a limited liability company that has its registered business address at 61 Fickes Road,Newville,PA 17241. 6. Movants seek the Court's enforcement of a subpoena issued and authorized by the Honorable Workers' Compensation Judge David Weyl (hereinafter "WCJ Weyl"), on or about June 4,2013. (See,Subpoena, dated June 4,2013, attached hereto as Exhibit"A"). 7. This subpoena seeks any and all employment/personnel and wage records from T&T Construction & Plumbing (hereinafter "Respondent") pertaining to Gwendolyn Barrick, who has submitted a claim for an alleged work related injury. (See,Exhibit"A"). 8. On or about May 31, 2013, Movant forwarded correspondence to the Ms. Barrick's attorney, Marcus McKnight, Esquire, of Irwin & McKnight Law Offices. In such correspondence, Movants notified counsel of their intent to serve a subpoena for production of documents on T&T Construction & Plumbing. (See, Correspondence, dated May 31, 2013, attached hereto as Exhibit"B"). 9. After having received no objection from Mr. McKnight and after the expiration of the twenty (20) day notice period, Movant then issued the to the Owner/HR Department of T&T Construction & Plumbing on June 21, 2013. (See, Subpoena Packet, dated June 21, 2013, attached hereto as Exhibit"C"). 10. This subpoena packet included the authorized subpoena, a Notice of Records Deposition, and a proposed Affidavit of Records Custodian. (See,Exhibit"C"). 11. This subpoena packet was sent by way of U.S. Postal Service Certified Mail to T&T Construction on June 26, 2013. (See, U.S. Postal Service Certified Mail Receipt and 2 Domestic Return Receipt, PS Form 3811, dated June 26, 2013, attached hereto collectively as Exhibit"D"). 12. Respondent received and accepted the subpoena package and signed for same. (See, Exhibit"D"). 13. Respondent failed to object to the subpoena at any time before or after same was authorized by WCJ Weyl, as provided for in 34 Pa.Code. §§ 131.65 and 131.68 of the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges. 14. Respondent failed to comply with the subpoena. 15. Movants reiterated its request for compliance of the subpoena by way of correspondence to T&T Construction on or about July 22, 2013. (See, Correspondence, dated July 22,2013, attached hereto as Exhibit"E"). 16. Counsel for Ms. Barrick, Marcus A. McKnight, III, Esquire, sent correspondence to counsel for Movant on August 14, 2013, advising that he (McKnight) had been contracted by T&T Construction & Plumbing and further advising that Ms. Barrack was not employed by T&T Construction & Plumbing and had no earnings from T&T Construction in 2012 or 2013. (See,Correspondence, dated August 14,2013,attached hereto as Exhibit"F"). 17. Mr. McKnight again corresponded with counsel for Movants on August 20,2013, again advising that Ms. Barrick was not an employee of T&T Construction and that there were no earnings records to produce. (See, Correspondence, dated August 20, 2013, attached hereto as Exhibit"G"). 18. In response to Mr. McKnight's correspondence, counsel for Movant sent correspondence to Mr. McKnight on September 5, 2013, enclosing records demonstrating that Ms. Barrick was the owner of T&T Construction & Plumbing, and further, that the business is 3 t located at Claimant's home address. (See, Correspondence, and attached records, dated September 5,2013,attached hereto as Exhibit"H"). 19. In the September 5, 2013 correspondence counsel for Movants again reiterated the request for compliance with the subpoena previously served on T&T Construction & Plumbing. (Id.) 20. Counsel for Movants further notified Mr. McKnight that continued refusal would result in the Movant seeking enforcement of the subpoena in the Court of Common Pleas. (Id.) 21. Mr. McKnight responded by way of correspondence, dated September 12, 2013, as follows: Dear Mr. Gray: I received your letter dated September 5, 2013. 1 have reviewed the corporate books of T&T Construction & Plumbing. Gwendolyn Barrick was never a owner [sic], shareholder or corporate officer. The corporation was formed in 2007 and never has employed Gwendolyn Barrick. The website was contacted and the information on it was inaccurate and was based on the assumption that since Gwendolyn owned the real estate that she also was a part of the corporation. The website has either been corrected or removed. The Commonwealth's Department of State records reflect that Gwendolyn was never an owner. (See,Correspondence, dated September 12,2013,attached hereto as Exhibit"I"). 22. The September 12, 2013, correspondence from Mr. McKnight, noting review of T&T Constructions "corporate books," directly contradicts counsel's prior correspondence, dated August 20, 2013, which noted that there were "no earnings records to produce." (See, Exhibits"G;' and"I"). 23. Respondents have failed to comply with the subpoena and Movants repeated requests for same, thereby violating Judge Weyl's Order, as well as 34 Pa.Code. §§ 131.61 and 4 Y t 131.68 of the Special Rules of Administrative Practice and Procedure Before Workers' Compensation Judges. 24. Respondent's failure to comply with a properly issued subpoena gives rise to potential sanctions,including contempt of court pursuant to 77 Pa.C.S. § 992. 25. Movant hereby requests this Honorable Court compel the enforcement of the subpoena and require production of any and all employment/wage records of T&T Construction &Plumbing regarding Ms. Barrick or alternatively, the execution of a No Records Certification as provided in the subpoena packet. 26. Movants further requests an award of attorney's fees and costs of litigation resulting from Respondents failure to comply with the subpoena. WHEREFORE, Movants respectfully request that this Honorable Court grant their Motion for Enforcement of Subpoena, award Movants counsel fees and litigation costs, and grant such other relief as this Honorable Court deems appropriate and just. Respectfully submitted, THE CHARTWELL LAW OFFICES,LLP By: Joshua A. Gray,Esquire Attorney ID #88025 30 North Third Street,Suite 1050 Harrisburg,PA 17101 (717) 909-5170 Attorney for Defendant-Petitioner, NCOB Daycare Center & Church Mutual Insurance Co. Dated: October 2,2013 5 t s CERTIFICATE OF SERVICE I, Joshua A. Gray, Esquire, attorney for Petitioner, hereby certify that on the date indicated below, true and correct copies of the foregoing Motion to Enforce Subpoena of Workers Compensation Judge David Weyl was served upon the following in the manner indicated below: Regular US Mail: Honorable David Weyl Workers' Comp Office of Adjudication Harrisburg Judges Office East Gate Center 1010 North 7th Street Harrisburg, PA 17102-1400 Regular US Mail: Marcus A. McKnight, III, Esquire Irwin& McKnight Law Offices W. Pomfret Prof. Building 60 W. Pomfret Street Carlisle, PA 17013 (Counsel for Claimant/Respondent) Sheriff s Service: T&T Construction and Plumbing, Inc. 61 Fickes Road Newville, PA 17241 Sheriffs Service: Gwendolyn Barrick 61 Fickes Road Newville, PA 17241 Joshua A. Gray, Esquire Attorney for Petitioner, NCOB Daycare Center, and Church Mutual Insurance Co. Date: October 2, 2013 6 .. 1 1 look 3 t I �� Workers' Com ensation Office of Ad'udication 1010 N. 7th Street tl FIELD OFFICE STREET ADDRESS Ally &MLISTEtY Harrisburg, PA 17102 --� COE pqk YLA LYe pJ•KYX}YLl} IA www.dli.State.pa.us FIELD OFFICE CITY,STATE ZIP SUBPOENA COMMONWEALTH OF PENNSYLVANIA Employee Social Security Number: xxx-xx-6771 DEPARTMENT OF LABOR AND INDUSTRY 4173609 To: T&T Construction&Plumbing BUREAU CLAIM NUMBER NAME DATE OF INJURY 10/19/12 ATTN: Owner/HR Dept. ADDRESS CLAIMANT NAME Gwendolyn Barrick ADDRESS 61 Fickes Road VS �:•,r•..,, `Newville, PA 17241 _.. _--- ;3i L:D,`L.T,N Y. .I I iVC.VB Daycate Center ADDRESS ADDRESS (1) YOU ARE HEREBY ORDERED pursuant to the provisions of the Workers'compensation Act to come to a❑hearing OR X deposition at (specify full address): Chartwell Law Offices, LLP, 30 N. Third St., Suite 1050, Harrisburg, PA 17101 on(date) 7/2/13 @ 1:00 p.m._, in the County of Dauphin to testify in the above case,and to remain until excused: (2) Bring.-to.the-El.hearing X deposition,the.folfivyjng dopumernts;regarding the above-captioned claimant: Any and all employment/personriel':arid wage records pertaining.t o Qldirriarif.'G". dolyn Barrick. --� .(3) THIS IS A RECORDS CUSTODIAN DIAN DEPOSITION PURSUANT TO 34 PA.CODE SECTION 131.68. You may comply witli this subpoena b mailing or delivering legible co ies of the.documents re uested,b.this sub-oena to.the party making the request,at the following address: Chartwell Law Offices, LLP, 30 N. Third St, Suite 1050, Harrisburg, PA 17101 The records must be received by the requesting party on or before 7/2/13-� . The records must be accompanied by the executed Deposition Affidavit of Records Custodian attached to this subpoena. (4) This you are to obey,without excuse,under penalty of contempt of court for noncompliance. •;Yi�;6en�� ry,.e+Y L'cl fivt.SS,v1'1 ri<\?;U ANL: SEAL OE'flll; R-i rt43 �;✓d- DEI ARTMENT 7 OR AND INDL IS TRY DATE: `•f=' � ;;s;' z,°}: t°tltii r:;=ai•;;{ t ;_ The Honorable David Weyl r DOgN: liTIE 1fEQUESTED RECORDS TO THE BUREAU OF WORKERS' COMPENSATION "°g~ 'ti y'Ox2 T 11 TPIE_WORKERS'C_O_M_PENSATION JfTDC:E'S OFFICE _ In(uiries concerning Y ggq'y O• Nth\.' :?ttorneyNameorl aw FIy'yt'sI.ua A. Gray, ESgLxile--Chartwell Law Offices, LLP —� Attorney Address: 30 N. Third Street; Suite 1050, Harrisburg,P;rk 1" 101 Attorney"CelepboneNurnber: (717) 909-5170 LIBC480 REV 8-10 e t . f (UHARTWELL LAW OFFICES, LLP Joy M.SANDERSON,PARALEGAL Reply To: Harrisburg Office (717) 909-5170 ext. 103 30 N.Third Street,Suite 1050 jsanderson @chartwelUaw.com Harrisburg,PA 17101 Phone: (717) 909-5170 Facsimile: (717) 909-5173 May 31,2013 Marcus McKnight,Esquire Irwin&McKnight Law Offices 60 West Pomfret Street Carlisle,PA 17013 Re: Barrick,Gwendolyn v NCOB Daycare Center Date of Injury:2012-10-19 Dear Mr.McKnight: As you know, our office represents the Defendant in this workers' compensation litigation. It is our intent to serve a subpoena on the following so that we can obtain your client's employment records from: 1. T&T Construction&Plumbing By way of brief explanation, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Privacy Regulations which were implemented under HIPAA and became effective April 14, 2003 set forth requirements for covered entities, including but not limited to physicians and hospitals, to disclose protected health information ("PHI") in the course of any judicial proceeding. Specifically, the Privacy Regulations at 45 C.F.R. § 164.512(e) identify when a covered entity may disclose PHI in response to a subpoena or discovery request. For example,the Privacy Regulations permit the covered entity to disclose PHI when it receives satisfactory assurance that the parties seeking the PHI has made reasonable efforts to ensure that the individual who is the subject to the PHI has been given notice of the request and the individual has not filed objections or all objections have been resolved by the court. In order for us to be able to provide the providers listed above with the requisite notice, we are requesting that you provide this letter to your client. If, within fifteen (15).days of the date of this letter,we do not receive,from you or from your client, a written objection to our use of these subpoenas to obtain medical records, we will thereafter serve the providers with a subpoena and notice of deposition (of which you will receive separate notice), together with a FLORIDA I MASSACHUSETTS I NEW JERSEY I NEW YORK I PENNSYLVANIA www.chartwelllaw.com 1 k Page 2 Barrick, Gwendolyn v. NCOB Daycare Center copy of this letter,which will be attached to the subpoena to satisfy the notice requirement of§ 164.512(e). If you have questions regarding this letter, please do not hesitate to contact our office. Very truly yours, THE CHARTWELL LAW OFFICES,LLP By Joy M.Sanderson,Paralegal to Joshua Gray,Esquire JG/im ro i i I .+:_, `'= I� I l �. t I it II 1 I I I i THE HARTWELL LAW OFFICES, LLP JOY M. SANDERSON,PARALEGAL Reply To: Harrisburg Office (717) 909-5170 ext. 103 30 N.Third Street,Suite 1050 jsanderson @chartwelllaw.com Harrisburg,PA 17101 Phone: (717) 909-5170 Facsimile: (717) 909-5173 June 21,2013 Via Certified Mail/RRR T&T Construction&Plumbing ATTN: OWNER/HR DEPT. 61 Fickes Road Newville, PA 17241 Re: Barrick, Gwendolyn v.NCOB Daycare Center Date of Birth: November 1,1958 Dear Sir/Madam: Please be advised that this office represents the defendant/employer in connection with the above-captioned workers' compensation matter. Enclosed for service please find a Subpoena,Notice of Records Deposition, and proposed Affidavit of Records Custodian. Appended to the Subpoena is a copy of my letter to claimant's counsel, by which the Claimant, Gwendolyn Barrick, has been notified of our intent to obtain the records in question via Subpoena. By way of brief explanation, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Privacy Regulations which were implemented under HIPAA and became effective April 14, 2003, set forth requirements for covered entities, including but not limited to physicians and hospitals, to disclose protected health information ("PHI") in the course of any judicial proceeding. Specifically, the Privacy Regulations at 45 C.F.R. § 164.512(e) identify when a covered entity may disclose PHI in response to a subpoena or discovery request. For example,the Privacy Regulations permit the covered entity to disclose PHI when it receives satisfactory assurance that the parties seeking the PHI has made reasonable efforts to ensure that the individual who is subject to the PHI has been given notice of the request and the individual has not filed objections or all objections have been resolved by the Court. The attached letter is offered as confirmation of our good faith attempt to provide written notice to Gwendolyn Barrick. We also wish to advise you that more than 10 days have elapsed since the notice letter was sent, and that neither the Claimant,nor anyone acting on her behalf,have notified us of an objection to your providing records in response to the Subpoena. C:\Users\JSANDE-1\AppData\Local\Temp\6\206.dat C:\Users\JSANDE-1\AppData\Local\Temp\6\206.dat 1 1 Page 2 Barrick, Gwendolyn v. NCOB Daycare Center , Please appear at our Harrisburg office on July 2, 2013 at 1:00 p.m. with the requested information. If the requested information is copied and produced prior to that date, it will not be necessary for you to appear at our office. However, the Affidavit of Records Custodian must be completed and returned with the records, AND ALL COPIES SHOULD BE SINGLE- SIDED ONLY. In the event you choose to appear at our office with the records rather than sending them with the completed Affidavit, please notify us at least two days before your scheduled appearance. If you require advance payment for copying records,please fax a copy of your invoice which includes the number of pages, anticipated costs and Tax Identification Number to me at 717-909-5173. Kindly contact our office for pre-approval if the fees exceed$200.00. Should you have any questions or concerns,you can reach me at 717-909-5170 ext.103. Also, to the extent possible, kindly provide records and invoice responsive to this Subpoena electronically or by CD ROM. Thank you for your anticipated cooperation. Very truly yours, THE CHARTWELL LAW OFFICES,LLP if By: Joy M. Sanderson, Paralegal to Joshua Gray,Esquire JG/ice Enclosures cc: Marcus McKnight,Esquire Workers' Com ensation Office of Ad'udication t 1010 N. 7th Street FIELD OFFICE STREET ADDRESS IAR.OR&*&U'STff Harrisburg, PA 17102 Gni MfiN KLALIR OJ l6ttML TI.Fx11AA www.dli.state.pa.us FIELD OFFICE CITY,STATE ZIP SUBPOENA COMMONWEALTH OF PENNSYLVANIA Employee Social Security Number: xxx-xx-6771 DEPARTMENT OF LABOR AND INDUSTRY 4173609 To: T&T Construction&Plumbing BUREAU CLAIM NUMBER NAME DATE OF INJURY 10/19/12 ADDRESS ATTN: Owner/HR Dept. CLAIMANT NAME Gwendolyn Barrick ADDRESS 61 Fickes Road VS Newville, PA 17241 -,•t-T" , T ..,� l�1 JDRI-'JJ L-- __-_-----..__...—.._.._.__.___ a�%L; iNDA],, :'d�_A•7I; iVC.OB Dayeate Center ADDRESS 3 ADDRESS (1) YOU ARE HEREBY ORDERED pursuant to the provisions of the Workers'compensation Act to come to a❑hearing OR X deposition at (specify full address): Chartwell Law Offices, LLP, 30 N. Third St., Suite 1050, Harrisburg, PA 17101 on(date) 7/2/13 @ 1:00 p.m in the County of Daaphin to testify in the above case,and to remain until excused: " (2) Bring to.the [].hearing X deposiion;t$e.followjng(locuments;regarding the above-captioned claimant: Any and all employment/pers-onri el,iar[d wage records pertaining"to Claimant; Gwendolyn Barrick. --� ,(3) THIS IS A RECORDS CUSTODIAN DEPOSITION PURSUANT TO 34 PA.CODE SECTION 131.68. You may comply with this subpoena bX mailing or delivering legible co ies of&.'documents re uestecl b.this sub oena to.the making the request,at the following address: _Chartwell Law Offices, LLP, 30 N. Third St, Suite 1050, Harrisburg, PA 17101 The records must be received by the requesting party on or before_ 7/2/13 The records must be accompanied by the executed Deposition Affidavit of Records Custodian attached to this subpoena. (4) This you are to obey,without excuse,under penalty of contempt of court for noncompliance. v1`i Ii\>\i) AND OF THE DEPARTMEI T OF L BOR AND INDUSTRY •J.4' ' f�sl.l ` //�!//jam •_•�'pi,t'r y o o c o r..�a�}(tY,{E� �� ,%�J/���)IIL — DATE: The Honorable David Weyl U: DO ;`T;YI_E REQUESTED RECORDS TO THE BUREAU OF WORKERS' COMPENSATION WORKERS'COMPENSATION J UDGE.'S OFFICE wr� Inquiries concerning trii3'3.h�� Q,Zn%should bead •,?ttoniey Name or• ayv F'imi:yyi.i'a i1° .Ua.A. Gray, EsquiY e—CharLwell Law Offices, LLP Atto%nry Address: 30 N. 1--bird Street; Suite 1050, Harrisburg, P:A 17101 Attorney Telephone Number: (717} 909-5170 LIBC-480 REV 8-10 THE COHARTWELL LAW OFFICES, LLP JOY M. SANDERSON,PARALEGAL Reply To: Harrisburg Office (717) 909-5170 ext. 103 30 N.Third Street, Suite 1050 jsanderson @chartwelllaw.com Harrisburg,PA 17101 Phone: (717) 909-5170 Facsimile: (717) 909-5173 May 31,2013 Marcus McKnight,Esquire Irwin&McKnight Law Offices 60 West Pomfret Street Carlisle, PA 17013 Re: Barrick,Gwendolyn v.NCOB Daycare Center Date of Injury: 2012-10-19 Dear Mr.McKnight: As you know, our office represents the Defendant in this workers' compensation litigation. It is our intent to serve a subpoena on the following so that we can obtain your client's employment records from: 1. T&T Construction&Plumbing By way of brief explanation, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Privacy Regulations which were implemented under HIPAA and became effective April 14, 2003 set forth requirements for covered entities, including but not limited to physicians and hospitals, to disclose protected health information ("PHI") in the course of any judicial proceeding. Specifically, the Privacy Regulations at 45 C.F.R. § 164.512(e) identify when a covered entity may disclose PHI in response to a subpoena or discovery request. For example,the Privacy Regulations permit the covered entity to disclose PHI when it receives satisfactory assurance that the parties seeking the PHI has made reasonable efforts to ensure that the individual who is the subject to the PHI has been given notice of the request and the individual has not filed objections or all objections have been resolved by the court. In order for us to be able to provide the providers listed above with the requisite notice, we are requesting that you provide this letter to your client. If, within fifteen (15).days of the date of this letter,we do not receive,from you or from your client,a written objection to our use of these subpoenas to obtain medical records, we will thereafter serve the providers with a subpoena and notice of deposition (of which you will receive separate notice), together with a FLORIDA I MASSACHUSETTS I NEW JERSEY I NEW YORK I PENNSYLVANIA wwwxhartweIllawxom 1 Page 2 Barrick, Gwendolyn v. NCOB Daycare Center copy of this letter,which will be attached to the subpoena to satisfy the notice requirement of§ 164.512(e). If you have questions regarding this letter, please do not hesitate to contact our office. Very truly yours, THE CHARTWELL LAW OFFICES,LLP By: Joy M.Sanderson,Paralegal to Joshua Gray, Esquire JG/jms COMMONWEALTH OF PENNSYLVANIA WORKERS' COMPENSATION OFFICE OF ADJUDICATION DEPARTMENT OF LABOR&INDUSTRY BUREAU OF WORKERS'COMPENSATION GWENDOLYN BARRICK, Claimant, VS. Bureau Claim No.: 4173609 NCOB DAYCARE CENTER, Defendant. DEPOSITION AFFIDAVIT OF RECORDS CUSTODIAN I, the undersigned, being duly sworn according to law, depose and state that I am a duly authorized Custodian of Records for T&T Construction & Plumbing with the authority to certify said records,and I hereby certify to the following: a. The records attached hereto are true and correct copies of the records in my custody, pertaining to claimant,Gwendolyn Barrick;and; b. That, including this certification, all records called for in the attached subpoena duces tecum which are in my custody have been photocopied at my office, in my, presence, at my discretion, and under my supervision or copied by a copy service; and; C. That unless qualified in paragraph (e), all records produced in my presence 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; d. A careful search has been made by me or at my direction for records pertaining to the above identified individual and the records produced pursuant to the attached subpoena duces tecum constitute all of the records of the individual so identified. e. Additional comments:ENTER THE WORD "NONE" IF THERE ARE NO RECORDS. I declare that the foregoing facts as are within my personal knowledge are true and correct and that the other facts contained herein are true and correct to the best of my knowledge, information and belief. Signature of Representative Sworn to and subscribed before me this day of Notary Public THIS AFFIDAVIT IS TO BE RETURNED WITH THE DOCUMENTS a / COMMONWEALTH OF PENNSYLVANIA WORKERS'COMPENSATION OFFICE OF ADJUDICATION DEPARTMENT OF LABOR&INDUSTRY BUREAU OF WORKERS'COMPENSATION GWENDOLYN BARRICK, Claimant, VS. Bureau Claim No.: 4173609 NCOB DAYCARE CENTER, Defendant. NOTICE OF RECORDS DEPOSITION TO: CUSTODIAN OF RECORDS FOR T&T Construction Plumbing PLEASE TAKE NOTICE that pursuant to 34 Pa. Code Section 131.47,the Defendant will take your deposition at the law offices of THE CHARTWELL LAW OFFICES,LLP,30 North Third Street,Suite 1050, Harrisburg, PA 17101,on or before July 2,2013 at 1:00 PM. THIS DEPOSITION IS FOR THE PURPOSE OF COPYING RECORDS. There will be no interrogation of the deponent;it is expected that no attorneys will appear. NOTICE TO CLAIMANT OR WITNESS You may object to this record deposition by mailing or delivering a letter listing your objections to the undersigned at THE CHARTWELL LAW OFFICES,LLP,30 North Third Street,Suite 1050,Harrisburg,PA 17101,at least seven(7) days prior to the above date. THE CHARTWELL LAW,OFFICES,LLP s By: Joshua Gray, Esquire Attorneys for Defendant 30 North Third Street,Suite 1050 Harrisburg,PA 17101 Dated: June 21, 2013 r �� o ,. .�� �� �. �.:� - i ;� � � ' I �. , � �.� I �i. I , I 1 j � � , � Postal (Domestic CERTIFIED MAILT. RECEIPT Er Only; C`- n:3 7,7 "Postage $ 10 Certified Fee E3 Postmark Ct Return Receipt Fee Were © (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) Ci Total Postage&Fees m Sent To / N No { -` L ----- r3 Street,Apt .; CI or PO Box No. C`- - -------•----- ------------------------------- ---------------------------------°°---- City,State,ZIP+4 f PS Form :00 August 2006 See Reverse for Instructions t • • • DELIVERY SENDER: COMPLETE SECTION • Complete items 1,2,and 3.Also complete A, Signature Item 4 if Restricted Delivery is desired. X _ ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? El Yes 1. Article Address to: If YES,enter delive i dress b-1w�, ❑No -7i �� / 3. Service Type ` v '-�Gertified Mail s�ir¢s I b Registered ❑Returnige eipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes t 2. Article Number (transfer from service laben ?012 3 4 6 D 0000 D 6 4 8 ?6 7 9 PS Form 3811,February 2004 Domestic Return Receipt',, 102595-02-M-1540 T -�.- �•.- THE H A RTWE L LAW OFFICES,: LLP MARGARET SCHNEIDER,PARALEGAL Reply To: Harrisburg Office (717) 909-5170 ext. 108 30 N.Third Street, Suite 1050 mschneider @chartwelllaw.com Harrisburg,PA 17101 Phone: (717) 909-5170 Facsimile: (717) 909-5173 July 22,2013 T&T Construction&Plumbing ATTN: OWNER/HR DEPT. 61 Fickes Road Newville,PA 17241 Re: Barrick, Gwendolyn v. NCOB Daycare Center Date of Birth:November 1,1958 Dear Sir/Madam: Please be advised that this office represents the defendant/employer in connection with the above-captioned workers' compensation matter. On June 21, 2013, our office served you with a Subpoena seeking copies of employment records pertaining to Gwendolyn Barrick. To dater,we have not received a response from you. Please forward the requested records to our Harrisburg office. If you require advance payment for copying records,please fax a copy of your invoice which includes the number of pages, anticipated costs and Tax Identification Number to me at 717-909-5173. Thank you for your anticipated cooperation. Very truly yours, THE CHARTWELL LAW OFFICES,LLP By: , Ma aret Schneider-,Paralegal to Joshua Gray,Esquire JG/mms i n i �— LAW OFFICES IRWIN & McKNIGHT, P.C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET HAROLD S.IRWIN (1925-1977) ROGER B.IRWIN CARLISLE,PENNSYLVANIA 17013-3222 HAROLD S.IRWIN JR. ,(1954-1986) MARCUSA.McKNIGHT,III IRWIN,IRWIN&IRWIN (1956-1986) DOUGLAS G.MILLER (717)249-2353 IRWIN,IRWIN&McKNIGHT(1986-1994) STEPHENL.BLOOM FAX(717)249-6354 IRWIN,McKNIGHT&HUGHES (1994-2003) MATTHE WA.McKNIGHT WWW.IRWINMCKNIGHT.COM IRWIN&McKNIGHT (2003-2008) August 14, 2013 Joshua Gray, Esquire The Chartwell Law Offices LLP 30 North Third Street, Suite 1050 Harrisburg, PA 17101 Re: Gwendolyn Barrick v. NCOB Newville COB Daycare Bureau no. 4173609 Date of Injury: October 19, 2012 Dear Mr. Gray: I have been contracted by T&T Construction &Plumbing regarding your request by subpoena for income information of Gwendolyn Barrick. She is not employed by T&T Construction&Plumbing. She had no earnings from T&T in 20� 12 or 2013. If you require an affidavit from the primary shareholders, please let me know. Very truly yours, IRWIN c I C. Marcu A. Mc n' t, MAM J lk Enclosure Cc: Ms. Gwendolyn Barrick , LAW OFFICES IRW1N & McKNIGHT, P.C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET HAROLD S.IRWIN (1925-1977) ROGER B.IRWIN CARLISLE,PENNSYLVANIA 17013-3222 HAROLD S.IRWIN,✓R. (1954-1986) MARCUS A.McKNIGHT,III IRWIN,IRWIN&IRWIN (1956-1986) DOUGLAS G.MILLER (717)249-2353 IRWIN,IRWIN&McKNIGHT (1986-1994) STEPHEN L.BLOOM FAX(717)249-6354 IRWIN,McKNIGHT&HUGHES (1994-2003) MATTHEW A.McKNIGHT WWW.IRWINMCKNIGHT.COM IRWIN&McKNIGHT (2003-2008) August 20, 2013 Joshua Gray, Esquire The Chartwell Law Offices LLP 30 North Third Street, Suite 1050 Harrisburg, PA 17101 Re: Gwendolyn Barrick v.NCOB Newville COB Daycare Bureau no. 4173609 Date of Injury: October 19,2012 Dear Mr. Gray: I have been contracted by T&T Construction&Plumbing regarding your request by subpoena for income information of Gwendolyn Barrick. She is not employed by T&T Construction& Plumbing nor has she ever been employed by T&T Construction& Plumbing. There are no earning records to produce. If you require an affidavit from the primary shareholders,please let me know. Very truly yours, IRWIN & cKNIG C. Marcus A. M ight, II MAM Jlk Enclosure Cc: Ms. Gwendolyn Barrick 9 it i ` i I 1 i 1 l ; � �� a v f 4 ( � THE HARTWELL LAW OFFICES, LLP JOSHUA A. GRAY,ESQUIRE Reply To: Harrisburg Office (717) 909-5170 ext. 101 30 N.Third Street, Suite 1050 jgray @chartweMaw.com Harrisburg,PA 17101 Phone: (717) 909-5170 Facsimile: (717) 909-5173 September 5,2013 Marcus McKnight,Esquire Irwin&McKnight Law Offices 60 West Pomfret Street Carlisle,PA 17013 Re: Barrick,Gwendolyn v.NCOB Daycare Center Bureau No.:4173609 Date of Injury: 2012-10-19 Dear Mr. McKnight: We are in receipt of your letters dated August 14th and August 20th advising that T&T Construction&Plumbing has no earning or personnel records pertaining to Claimant, Gwendolyn Barrick. I am enclosing a record that shows Claimant as being an owner of T&T Construction& Plumbing. It also shows that this business is located at Claimant's home address. Kindly respond to our Subpoena previously served on T&T Construction&Plumbing or we will inform the Judge of your refusal to provide the requested records and will seek to have the Subpoena enforced at the Court of Common Pleas. Very truly yours, THE CHARTWELL LAW OFFICES,LLP By: Joshua Gray,Esquire JAG/jms Enclosure cc: Amy Stankowski, Church Mutual Insurance Co., Claim No. 1191959 FLORIDA I MASSACHUSETTS I NEW JERSEY I NEW YORK I PENNSYLVANIA www.chamveWaw.com & T Construction& Plumbing? (T&T Construction&Plumbi) -Newville, Pennsylvania... Page 1 of 5 Find products, services, businesses Q I ; Brame Sign Vp I FS 71n Home Add ymr buoinm Company Profile Page Reports Map Web Results T & T Construction & Plumbing Own This Business? T&T Construction&Plumbi ............................. _....._................. . f. 61 Fickes Road Edit Company Info Newville, PA 17241-9461 map Ads Kitchen&Bath Remodeling Colebrook Construction-Central PA Low Cost Financing Available Ask Us www.ColebrookBuilds.com About T&T Construction&Plumbing Phone: (717) 776-7319 1 Website: Information not found I Is this your company?Claim This Profile Top 5 Home Builders near Newville, Pennsylvania Wolf&Son Construction Young's Construction K L Mills Inc Robert Toth/Rgt Construction Weavers Construction LLC »See All Home Builders More Details for T&T Construction&Plumbing T&T Construction&Plumbing in Newville, PA is a private company categorized underHome Builders. Our records show it was established in 2005 and incorporated in Pennsylvania. Register for free to see additional information such as annual revenue and employment figures. _......................... .. .. .. ...................... ..... . Company Contacts SaveIs this your company?Claim This Profile .._.. .. ...... _....._...... ... _._ . ... .........._._. ' I Gwen Barrick • ■ .w . '! Owner LABOR DAY Startinq at Y .. Timoth E Barrick r i �99 Principal 1 .. Search for more contacts Secure,Real-Time Mdeo LETS BALK http://www.manta.com/c/mmns7gO/t-t-construction-plumbing 9/3/2013 T&T Construction&Plumbing (T&T Construction&Plumbi) -Newville, Pennsylvania... Page 2 of 5 ,- f �)J" rJ nstruction i Plumbing Htg&Air-Conditioning Contractors k T Construction&Plumbi. z Location I ype Single Location State of Incorporation Pennsylvania Annual Revenue Estimate $500,000 to$1 million SIC Code 152105, Home Improvements Employees 5 to 4 236118, Residential NAICS Code Remodelers Year Established 2005 r Do You Work Here i or have some other connection? Write a Recommendation Follow This Company i What Companies Are Saying D.E.W&SONS Septic Service Newville, Pennsylvania When yoy here a gurgling sounds in you tub or toilet, it's letting you know there is a problem out in septic tank, or main line. Don't take off cleanout cap in basement till you let system set for 2-3 hrs. or you...more last month Add a comment Follow company gift baskets and soy candies Newville, Pennsylvania know someone who loves starbueks-we have a gift basket just for them. http://www.manta.com/c/mmns7gO/t-t-construction-plumbing 9/3/2013 ,� ..-r.�...�� +A � LAW OFFICES IRWIN & McKNIGHT, P.C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET HAROLD S IRWIN (1925-1977) ROGER B.IRWIN CARLISLE,PENNSYLVANIA 17013-3222 HAROLD S.IRWIN,JR. (1954-1986) MARCUS A.McKNIGHT,III IRWIN,IRWIN&IRWIN (1956-1986) DOUGLAS G.MILLER (717)249-2353 IRWIN,IRWIN&McKNIGHT(1986-1994) STEPHEN L.BLOOM FAX(717)249-6354 IRWIN,McKNIGHT&HUGHES (1994-2003) MATTHEW A.McKNIGHT WWW.IRWINMCKNIGHT.COM IRWIN&MCKNIGHT (2003-2008) September 12, 2013 Joshua Gray, Esquire The Chartwell Law Offices 30 North Third Street Harrisburg, PA 17101 Re: Gwendolyn Barrick v.NCOB Daycare Center Dear Mr. Gray: I received your letter dated September 5, 2013. I have reviewed the corporate books of T&T Construction&Plumbing. Gwendolyn Barrick was never a owner, shareholder or corporate officer. The corporation was formed in 2007 and never has employed Gwendolyn Barrick. The website was contacted and the information on it was inaccurate and was based on the assumption that since Gwendolyn owned the real estate that she also was a part of the corporation. The website has either been corrected or removed. The Commonwealth's Department of State records reflect that Gwendolyn was never an owner. Very truly yours, IRWIN McKNIGHT,P.C. Marc s A. c i MAM:jlk Cc: Gwendolyn Barrick 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NCOB DAYCARE CENTER and : No. /3-571.8 CIVi I Term CHURCH MUTUAL INSURANCE CO., Petitioner • : Miscellaneous Action - Law V. GWENDOLYN BARRICK and T&T • CONSTRUCTION AND PLUMBING, INC, : Respondent - or • I • . . • Il IE • AND NOW, this q-M day of Q Clai , 2013, upon consideration of the Motion Of Ncob Daycare Center And Church Mutual Insurance Co to Enforce the Subpoena of Workers' Compensation Judge. ' - .. . - - _•- . ! ' ` .. . • I • D to _ .• . . • • : - - - - - - - -- ' - nten : • • : . r. Respondent 's hereby ruled to sho c use, if n be had, . . • .•- • ' . • ,p _ . ule Returnable at a hearing scheduled for //:6 6 Am/14",on 0 GUv—1 �" / , 2013 in Courtroom # . Cumberland County Courthouse. tr..cks rrr C.z; y - 1ft41 r' }' cp 1 J _Lt. 1 P /6 /Oita ✓yI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NCOB DAYCARE CENTER and No. 13-5768 Civil Term • CHURCH MUTUAL INSURANCE CO., Petitioner f n ct? V. • -�rcal • GWENDOLYN BARRICK and T&T 'c'- 9 CONSTRUCTION AND PLUMBING, INC., , Respondent .- MOTION FOR CONTINUANCE WITH NEW MATTER AND NOW,this 15th day of October, 2013, comes Marcus A. McKnight, III, Esq., counsel for Respondent in this case, and respectfully avers as follows: 1. A Hearing has been scheduled for Monday, October 21, 2013 at 11:00 a.m. before the Honorable Judge Guido. 2. Marcus A. McKnight, III, Esq., counsel for Gwendolyn Barrick is unavailable for that date and time and will be in the Commonwealth of Virginia . 3. The underlying purpose of the Subpoena is now moot. NEW MATTER 4. The information requested has been supplied by Affidavit, a copy of which is attached and marked as Exhibit"A". 5. The information has been supplied under Oath by testimony before Workers Compensation Judge David Weyl by the client, Gwendolyn Barrick at a hearing held on Thursday, October 10, 2013 6. The information sought is not relevant to the case in which testimony was taken and is sought only for impeachment purposes in a workers' compensation case in which the testimony is closed and the record is complete. 7. The Petition by the NCOB Daycare Center is vexatious and an abuse of process for which the Respondent's reasonable legal fees incurred by her counsel should be paid. WHEREFORE, Marcus A. McKnight, III, Esq., counsel for Gwendolyn Barrick, respectfully requests that the Hearing scheduled for Monday,October 21,2013 at 11:00 a.m. be rescheduled. If a hearing is held the Respondent seeks reasonable legal fees since the information has been supplied previously and confirmed under Oath in a hearing held on Thursday, October 10, 2013 before Workers Compensation Judge David Weyl. Respectfully submitted, IRWIN& ''1 KNIGH ',P.C. By: Marc A. McKnight, III,' Supr: e Court I.D.: 25476 60 e Pomfret Street Carlisle, ' 7013 (717)249-2353 Attorney for Respondent Date: October 15, 2013 • ■ Exhibit "A" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS COMPENSATION GWENDOLYN BARRICK, Bureau No. 4173609 Claimant • • Date of Injury: 10/19/2012 v. Claim Petition NCOB DAYCARE CENTER, Employer • Judge David Weyl AFFIDAVIT I, Timothy Barrick, Jr. hereby certify that I am the owner and shareholder of T&T Construction & Plumbing, LLC or T&T Construction & Plumbing. I also certify that I have never employed Gwendolyn Barrick. Dated: •�3`l 3 By othy Barrick, i The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. /imothy Barrick, . 1- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS COMPENSATION GWENDOLYN BARRICK, Bureau No. 4173609 Claimant • Date of Injury: 10/19/2012 v. Claim Petition NCOB DAYCARE CENTER, Employer Judge David Weyl AFFIDAVIT I, Tim Barrick hereby certify that I am the owner and shareholder of T&T Construction& Plumbing, LLC or T&T Construction & Plumbing. I also certify that I have never employed Gwendolyn Barrick. Dated: 02 3 By Tim1:arrick The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. pcipe).-.7 Tim B rrick COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS COMPENSATION GWENDOLYN BARRICK, Bureau No. 4173609 Claimant Date of Injury: 10/19/2012 v. Claim Petition NCOB DAYCARE CENTER, Employer Judge David Weyl AFFIDAVIT I, Gwendolyn Barrick hereby certify that I have never been an owner, employee, shareholder or received any compensation from T&T Construction & Plumbing, LLC or T&T Construction&Plumbing, firm owned by Tim Barrick. Dated: ) 3 - / 3 By Gwendolyn Barrick The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Gwendolyn Barrick VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. r By: ■‘' 4 GWENDOLYN BARRICK Date: 6 G hv /5` �� IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NCOB DAYCARE CENTER and No. 13-5768 Civil Term • CHURCH MUTUAL INSURANCE CO., • Petitioner • V. • • GWENDOLYN BARRICK and T&T CONSTRUCTION AND PLUMBING, INC., • Respondent I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the attached Order of Court and Motion for Continuance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joshua Gray,Esquire The Chartwell Law Offices,LLP 30 North Third Street,Suite 1050 Harrisburg,PA 17101 IRWIN& IGHT,P.C. By: Marcus . Mc fight, , = q. Supreme Court I.D.: 5476 60 West Pomfret treet Carlisle, PA 17013 (717)249-2353 Attorney for Respondent Date: October 15, 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' r • tr araralato, Jody S Smith . Chief Deputy y, tr.k,1 J '`r .,}. Richard W Stewart 8-ciG Solicitor ff,FRI w PEN u S Y LVA cI I A NCOB Daycare Center and Church Mutual Insurance Co. Case Number vs. Gwendolyn Barrick(et al.) 2013-5768 SHERIFF'S RETURN OF SERVICE 10/09/2013 06:55 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant,to wit: Gwendolyn Barrick at 61 Fickes Road, West Pennsboro, Newville, PA 17241. N-un 3 . DAWN KELL, DEPUTY 10/09/2013 06:55 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Timothy Barrick, Owner,who accepted as"Adult Person in Charge"for T&T Construction and Plumbing, Inc. at 61 Fickes Road, West Pennsboro, Newville, PA 17241. (-60.1...0y. 3 . � DAWN KELL, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, October 10, 2013 RONNY R ANDERSON, SHERIFF (c)Coon!y heritr,"ie-oso`:*.inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NCOB DAYCARE CENTER and • No. 13-5768 Civil Term CHURCH MUTUAL INSURANCE CO., • Petitioner V. • GWENDOLYN BARRICK and T&T CONSTRUCTION AND PLUMBING, INC., Respondent • ORDER OF COURT 0" AND NOW, this / ? day of 0 , 2013, upon consideration of the attached Motion for Continuance filed on behalf of the Respondent, Gwendolyn Barrick and T&T Construction and Plumbing, Inc. the Hearing scheduled for Monday, October 21, 2013 at 11:00 a.m. at the Cumberland County Courthouse in Courtroom# 3, Carlisle, PA 17013 is rescheduled. The Hearing is rescheduled for 7'."00 ANI/PM on N 0040044A7 , 2013 in Courtroom # Cumberland County Courthouse. By t• Court, J. Car& oz _,,Lck kJ,/ J .0-azy nl PiaLYP r- �U �?/13 NCOB DAYCARE CENTER and IN THE COURT OF COMMON PLEAS OF CHURCH MUTUAL INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANY, • Petitioner V. GWENDOLYN BARRICK and T&T CONSTRUCTION AND PLUMBING, INC. , Respondent NO. 13-5768 CIVIL TERM IN RE: PETITION TO ENFORCE SUBPOENA ORDER OF COURT AND NOW, this 4th day of November, 2013, after hearing, the motion of Petitioner to enforce the subpoena of Worker' s Compensation Judge David Weyl is denied. It appearing that the need for the subpoena was rendered moot by the position of the Worker ' s Compensation Judge at the hearing on October 10, 2013, as well as the testimony of Respondent under oath at said proceedings and the affidavits provided to Petitioner on October 15, 2013, Petitioner is directed to pay Respondent ' s legal fees in the amount of $350 . 00 . By the Court, (:—/4;;;i?‘ c rrt CJt1 r Z rn Edward E. Guido, J. /Jonathan P. Spadea, Esquire rte— ' For the Petitioner >c) 744 :,' c c--) / Marcus A. McKnight, III, Esquire �' ' For the Respondent ...( L 1 f h ()Or:c'S led 114'1/3