HomeMy WebLinkAbout01-4149
,
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Docket No.: 0 I -- LII L/ q Lt\J!\ \
v.
Date Entered:
JOHN T. SCHULD, D.C.
6609 FRANKFORD AVENUE
PHILADELPHIA, PA 19135
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. ~ 711 0.308(e); this is a Certified Copy of Lien for civil penalties to be entered of
record by you and indexed as judgments are indexed.
Date of Final
Assessment
01/13/95
01/07/99
01/07/99
01/07/99
01/07/99
Amount of
Assessment
$1,560
$1,560
$1,560
$1,560
$1,560
Amount Paid
(i.UD.Yl
Total Due
$1,560
$1,560
$1,560
$1,560
$1,560
Total
Filing Fee
$7,800
The undersigned certifies that the above civil penalties are due and payable under the provisions of the Radiation
Protection Act, pursuant to Section 308(e) of said law,35 P.S. ~ 710.308(e),a copy of said assessment or
assessments are attached hereto and made a parrt hereof. The above civil penalties shall constitute a judgment in
favor of the Commonwealth upon the property of said defendant from the date entered and docketed of record.
Date
R/t(~
David J. Allard, Director
Bureau of Radiation Protection
Department of Environmental Protection
1'- 2. (- () I
ORIGINAL TO BE RETAINED BY PROTHONOTARY
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1
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
BUREAU OF RADIATION PROTECTION
CERTIFIED MAIL
In the Matter of:
JOHN T. SCHULD, D.C.
ID105-36195
Notice of civil Penalty Assessment
The Commonwealth of Pennsylvania, Department of Environmental
Resources ("Department") assesses a civil penalty as follows:
1. JOHN T. SCHULD, D.C. is a CHIROPRACTOR doing business at
6609 FRANKFORD AVENUE, PHILADELPHIA PA 19135.
2. JOHN T. SCHULD, D.C. owns and operates one or more
radiation-producing machines containing 1 tube(s).
3. Pursuant to 25 Pa. Code Section 218.11, which was
promulgated pursuant to sections 301 and 401 of the Radiation
Protection Act, 35 P.S. sections 7110.301 and 7110.401,
JOHN T. SCHULD, D.C. is required to pay, within 15 days of receipt
of the invoice, an annual fee in the amount of $175.00 for
re-registration of the radiation-producing machines.
4. On JULY 01, 1994, the Department mailed a radiation source
invoice to JOHN T. SCHULD, D.C. advising that an annual
registration fee for radiation-producing machines in the amount of
$175.00 was due and owing to the Department within 15 days from the
date of receipt of the invoice.
5. On OCTOBER 14, 1994, the Department mailed a letter to
JOHN T. SCHULD, D.C. again requesting payment of the fee.
6. On NOVEMBER 07, 1994, the Department mailed to JOHN T.
SCHULD, D.C. a Notice of Violation advising that failure to pay the
required annual registration fee is a violation of the Radiation
Protection Act and regulations promulgated thereunder.
7. Despite repeated demands, JOHN T. SCHULD, D.C. has failed
to pay the required registration fee.
8. Pursuant to the Department's authority under section 308
of the Radiation Protection Act, 35 P.S. section 7110.308, the
Department hereby assesses a civil penalty in the amount $1,560
against JOHN T. SCHULD, D.C..
1
.
. ~
9. The amount of the civil penalty was calculated as follows:
a. severity classification: Level III
b. Culpability classification: Negligent
c. Base assessment: $1,560
d. Total civil penalty assessment: $1,560
Payment of the delinquent fee of $175.00 and the civil penalty
of $1,560 should be made by means of certified check or money order
in the amount of $1735.00 made payable to Department of
Environmental Resources and sent to Division Chief, Radiation
Control Division, Bureau of Radiation Protection, P.O. Box 8469,
Harrisburg, PA 17105-8469.
The Department reserves its right to assess additional civil
penalties for JOHN T. SCHULD'S continuing 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 it 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, Harrisburg, PA
17105-8457, (717) 787-3483. TDD users may contact the Board
through the Pennsylvania Relay 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.
/s/tJJ~ P D~ -C-t
William P. Dornsife
Director
Bureau of Radiation Protection
Dated: o Cl.n0Q."-..G(j l~ I tqqs;:
2
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF 'RADIATION PROTECTION
CERTIFIED MAIL Z 193 637 822
In the Matter of:
John T. Schuld, D.C.
6609 Frankford Avenue,Philadelphia, PA 19135
1.0. #05-36195
Notice of Civil Penalty Assessment
The Commonwealth of Pennsylvania, Department of Environmental
Protection (~Department") assesses a civil penalty as follows:
A. John T. Schuld, D.C. is an D.C. doing business at 6609
Frankford Avenue, Philadelphia, PA 19135.
B. John T. Schuld, D.C. owns and operates one or more
radiation-producing machines containing tube(s).
C. On May 9, 1997, the Department mailed a radiation source
invoice to John T. Schuld, D.C., advising that an annual
registration fee for radiation-producing machines in the amount of
$175 for 1995 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On March 24, 1998, the Department sent John T. Schuld,
D.C., 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 April 20, 1998, the Department mailed to John T.
Schuld, D.C., 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, John T.
Schuld, D.C. is required to pay, within 15 days of receipt of the
invoice, an annual fee in the amount of $175 for re-registration of
the radiation-producing machines.
G. Despite repeated demands, John T. Schuld, D.C. 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 John T. Schuld, D.C., a civil
penalty in the amount of $1560.00.
- .
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 check or money 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 SA 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.
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.
Dated: 1/7/91
/sl \( ~ C , (( e;vWl--
Keith C. Kerns
Acting Director
Bureau of Radiation Protection
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF .ENVI~ONMENTAL PROTECTION
BUREAU OF RADIATION PROTECTION
CERTIFIED MAIL Z 193 637 823
In the Matter of:
John T. Schuld, D.C.
6609 Frankford Avenue,Philadelphia, PA 19135
1.D. #05-36195
Notice of Civil Penalty Assessment
The Commonwealth of Pennsylvania, Department of Environmental
Protection ("Department") assesses a civil penalty as follows:
A. John T. Schuld, D.C. is an D.C. doing business at 6609
Frankford Avenue, Philadelphia, PA 19135.
B. John T. Schuld, D.C. owns and operates one or more
radiation-producing machines containing tube(s).
C. On May 9, 1997, the Department mailed a radiation source
invoice to John T. Schuld, D.C., advising that an annual
registration fee for radiation-producing machines in the amount of
$175 for 1996 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On March 24, 1998, the Department sent John T. Schuld,
D.C., 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 April 20, 1998, the Department mailed to John T.
Schuld, D.C., 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, John T.
Schuld, D.C. is required to pay, within 15 days of receipt of the
invoice, an annual fee in the amount of $175 for re-registration of
the radiation-producing machines.
G. Despite repeated demands, John T. Schuld, D.C. 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 John T. Schuld, D.C., a civil
penalty in the amount of $1560.00.
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 check or money 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.
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.
Dated: //7/q~
Isl Ku~C ,\\~
Keith C. Kerns
Acting Director
Bureau of Radiation Protection
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF RADIATION PROTECTION
CERTIFIED MAIL Z 193 637 824
In the Matter of:
John T. Schuld, D.C.
6609 Frankford Avenue,Philadelphia, PA 19135
1.0. #05-36195
Notice of Civil Penalty Assessment
The Commonwealth of Pennsylvania, Department of Environmental
Protection (~Department") assesses a civil penalty as follows:
A. John T. Schuld, D.C. is an D.C. doing business at 6609
Frankford Avenue, Philadelphia, PA 19135.
B. John T. Schuld, D.C. owns and operates one or more
radiation-producing machines containing tube(s).
C. On May 9, 1997, the Department mailed a radiation source
invoice to John T. Schuld, D.C., advising that an annual
registration fee for radiation-producing machines in the amount of
$175 for 1997 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On March 24, 1998, the Department sent John T. Schuld,
D.C., 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 April 20, 1998, the Department mailed to John T.
Schuld, D.C., 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, John T.
Schuld, D.C. is required to pay, within 15 days of receipt of the
invoice, an annual fee in the amount of $175 for re-registration of
the radiation-producing machines.
G. Despite repeated demands, John T. Schuld, D.C. 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 John T. Schuld, D.C., a civil
penalty in the amount of $1560.00.
'~~ :..~. ..-'" . '.' ~ . ... ).. .;._ ....... _. j-- . .. '_'-"_ '.. t
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 check or money 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.
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.
Dated: }/7/97
~~
C \ f\~
/s/
Keith C. Kerns
Acting Director
Bureau of Radiation
Protection
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ~NVIR.ONMENTAL PROTECTION
BUREAU OF RADIATION PROTECTION
CERTIFIED MAIL Z 193 637 825
In the Matter of:
John T. Schuld, D.C.
6609 Frankford Avenue,Philadelphia, PA 19135
1. D. #05-36195
Notice of Civil Penalty Assessment
The Commonwealth of Pennsylvania, Department of Environmental
Protection ("Department") assesses a civil penalty as follows:
A. John T. Schuld, D.C. is an D.C. doing business at 6609
Frankford Avenue, Philadelphia, PA 19135.
B. John T. Schuld, D.C. owns and operates one or more
radiation-producing machines containing tube(s).
C. On June 6, 1998, the Department mailed a radiation source
invoice to John T. Schuld, D.C., advising that an annual
registration fee for radiation-producing machines in the amount of
$175 for 1998 was due and owing to the Department within 15 days
from the date of receipt of the invoice.
D. On September 3D, 1998, the Department sent John T.
Schuld, D.C., 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 15, 1998, the Department mailed to JohnT.
Schuld, D.C., 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
C!ssessment.
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, John T.
Schuld, D.C. is required to pay, within 15 days of receipt of the
invoice, an annual fee in the amount of $175 for re-registration of
the radiation-producing machines.
G. Despite repeated demands, John T.Schuld, D.C. 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 John T. Schuld, D.C., a civil
penalty in the amount of $1560.00.
. .
. ,
-.. <
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 check or money 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.
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.
Dated: JI71 ~r
\( ~ C '- rr -0--NL-
/s/
Keith C. Kerns
Acting Director
Bureau of Radiation
Protection
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
COMMONWEAL TH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Plaintiff
Docket No. # 01- 41 ~q Cdll
vs.
Term
JOHN T SCHULD, D.C.
6609 FRANKFORD AVENUE
PHILADELPHIA, PA 19135
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.
-IT~ Mz I ~~
Stuart M. Bliwas
Assistant Counsel
Attorney ID #10242
Commonwealth of Pennsylvania
Department 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,PENNSYL VANIA
COMMONWEAL TH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
Plaintiff
Docket No. tt () 1- LJ I 4q Civ; I
vs.
JOHN T. SCHULD, D.C.
6609 FRANKFORD AVENUE
PHILADELPHIA, PA 19135
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:
JOHN T. SCHULD, D.C.
6609 FRANKFORD AVENUE
PHILADELPHIA, PA 19135
~J~~ ~
Stuart M. Bliwas
Assistant Counsel
Attorney ID #10242
Dept. of Environmental Protection
Office of Chief Counsel
P. O. Box 8464
Harrisburg, P A 17105-8464
(717) 787-1956