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HomeMy WebLinkAbout05-11-15 p IN RE: CALENE M. CLOUSE, IN THE COURT OF COMMON PLEAS an alleged incapacitated person OF CUMBERLAND COUNTY, : PENNSYLVANIA ORPHANS' COURT DIVISION On the Petition of No. 21-2015-0093 J. Edward Clouse OBJECTION TO SUBPOENA PURSUANT TO RULE 4009.2 Calene M. Clouse objects to the proposed subpoena directed to Haven Behavioral Hospital that is attached as Exhibit A to this objection for the following reason: The records sought to be produced are, upon information and belief, records relating to treatment under Pennsylvania's Mental Health Procedures Act, 50 P.S. §7101 et seq., and are confidential and not subject to discovery pursuant to 50 P.S. §7111. Respectfully submitted, SAIDIS SULLIVAN & ROGERS �PWd: fAy 11, 2015. BY: Daniel L. Sullivan, Esquire - Id. No. 34548 26 West High Street r- F;. ,, Carlisle, PA 17013 W U Jcz) `—' ..J.. (717) 243-6222 Attorne s or Calene M. Clouse LU IVa Neil W.Yahn,Esquire Attorney I.D.No.82278 JSDC Law Offices P.Q.Box 650 Hershey,PA 17033 Attorneys for Petitioner IN RE: CALENE M. CLOUSE, ) IN THE COURT OF COMMON PLEAS an alleged incapacitated person ) CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS`COURT DIVISION On the Petition of ) J. Edward Clouse ) NO. 21-15-93 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Neil W. Yahn,Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty(20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, JSDC_LAW OFFICES Date:-44-71 By: Neil,°Warn Yahn,Esquire Attorney I.D.No. 82278 O.Box+ ershey,PA 17033 (717) 533/-3280 ttorrrey for Petitioner C .- LT'2 COMMONWEALTH OF PENNSYLVANrA COUNTY OF CUMBERLAND In Re: CALENz M. CLOUSE, an alleged incapacitated person F1kN0.2'1--15- _93 on the Petition of J. Edward Clouse SUBPOENA TO PRODUCE DOCUMENTS OR TM NGS FOR DISCOVERY PURSUANT TO RULE 409.22 TO:Haven Behavioral Hospital 145 1 N. 6th St. Reading, PA 19601 (Name of Pwwn orEntity} Within twenty(20)days afttr service of this subpoena,you am ordered by the court to produce the following documents or things: See Attached Exhibit "A" at the below referenced address (Address} You may deliver or mall legible copies of the documents or Produce things requested y , subpoena,together with the certificate of compliance,to the perty making this request at the addrms listed above. You have the right to seek in advance the reasonable cost of preparing the copies Or producing the things sought. If you fall to produce the documents or 9&V required by this subpoena within twenty(20)days after its service,the party saving this subpoena may seek a court order compelling you to comply with it TIES SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Neil Warner Yahn, Esquire ADDRESS: P.O. Box 654 Hershey, PA 17013 TEL.&HOKE: 717-533-3280 SUPREME COURT ID# 82276 ATTORNEY FOR; J. Edward Clouse BY THE COURM Register of of the ombw Court Date: Seal ofthe Court DW* Y i F Q F �` E t EXHIBIT"A" SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Haven Behavioral Hospital 145N6th St Reading,PA 19601 Copies of any and all documents related to Calene M. Clouse,including but not limited to,medical records,medical charts,prescriptions,prognoses,diagnoses,physician referrals, specialist reports,nurses notes and capacity evaluations, for the time period from January of 2013 though the date of this Subpoena. i �� i Neil W.Yahn,Esquire Attorney I.D.No.82278 JSDC Law Offices P.Q.Box 650 Hershey,PA 17033 Attorneys for Petitioner IN RE: CALENE M. CLOUSE, ) IN THE COURT OF COMMON PLEAS an alleged incapacitated person ) CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION On the Petition of ) J. Edward Clouse } NO.21-15-93 CERTIFICATE OF SERVICE AND NOW,thisZjday of April,2015,I,Neil W.Yahn,Esquire,do hereby certify that I served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena upon the following below-named individuals by depositing the same in the U.S. Mail,postage pre-paid at Hershey,Dauphin County,Pennsylvania: SERVED UPON: Robert C. Saidis,Esquire Saidis, Sullivan&Rogers 26 West High Street Carlisle, PA 17013 Attorney for Calene Mouse NEIL W�ER YAHN,ESQUIRE Attorney I.D.#8+ 278 CERTIFICATE OF SERVICE The undersigned hereby certifies that I have served the foregoing document upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Neil W. Yahn, Esq. JSDC Law Office P. O. Box 650 Hershey, PA 17033-0650 Attorney for J. Edward Clouse SAIDIS, SULLIVAN & ROGERS Dated: May 11, 2015 BY: �\ Daniel L. Sullivan, Esquire Id. No. 34548 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Calene M. Clouse