HomeMy WebLinkAbout05-11-15 (2) , l
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 Holy Spirit Hospital
Behavioral Health Services that is attached as Exhibit A to this objection for the following
reason: The records sought to be produced represent records of Calene Clouse's psychiatric care
under her psychiatrist, Jagadeesh K. Moola, M.D., and are privileged and not subject to
discovery pursuant to 42 Pa. C.S.A. §5944.
Respectfully submitted,
SAIDIS SULLIVAN & ROGERS
Dated: May 11, 2015 BY:
i� Daniel L. Sullivan, Esquire
Id. No. 34548
26 West High Street
w `? Carlisle, PA 17013
(717) 243-6222
Attorneys for Calene M. Clouse
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Neil W.Yahn,Esquire
Attorney I.D.No.82278
JSDC Law Offices
P.O.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,
JSD -LAW OFFICES
Date:
Neil W Yahn,Esquire
Attopfey I.D.No. 82278
HY Box 65
Hershey,P 17033
(7(17) 533- 80
A. r Petitioner
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COMMONWEALTH OF PBNNSYLVANIA
COUNTY OF CUMBERLAND
In Ike: q
CALMM M. CLOUSE, Fde No.21-15-93
an alleged incapacitated person
on the Petition of
J. Edward Clouse
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR RISCOVER.Y PURSUANT TO RULE 4009.22
TO: Holy Spirit Hospital Behavioral Health Services 503 N. 21st St. Camp Hill, PA 17011
(Name of Person or Entiiy)
Within twenty(20)days after service of this subpoena,you are ordered by tete court to produce the
following documents or firings:
See Attached Exhibit "A"
at the below referenced address
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena,together with the certificate of compliance,to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty(24)days
after its service,the parry serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLAWING PERSON.-
NAME.
ERSON:NAME. Neil warner Yahn, Esquire
ADDRESS: P.O. Box 650
Hershey, PA 17033
TELEPHONE. 717-533-3280 .._
SUPRA COURT ID# 82278
ATTORNEY FOR' J• Edward Clouse
'BY THE COURT,
Register of Wills/Clerk of the Orphans'
Court
Daba:
Seal of the Court Deputy
EXHIBIT"A",
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY
PURSUANT TO RULE 4009.22
TO: Holy Spirit Hospital
Behavioral Health Services
503 North 21 st Street
Camp Hill,PA 17011
Copies of any and all documents related to Calene A 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,including all aforementioned
records from Jagadeesh K. Moola,MD.
Neil W.Yahn,Esquire
Attorney I.D.No.82278
JSDC Law Offices
P.O.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, this;Z2L day 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 C cruse
NEI . W R YAHN,ESQUIRE
A ,omey I.D #82278
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