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yoasLP0a aad
IN THE SUPERIOR COURT OF PIERCE COUNTY
STATE OF GEORGIA
RHONDA CHURCH SCHEIL,
Plaintiff,
Vv.
CIVIL ACTION NO.
SUCA2023000079
DWIGHT YOUNG and
TWIN RIVERS TRUCKING, LLC, nuso___JO-4_
D-
2A
Defendants.
Deputy Clerk
RE! UEST FOR PRODUCTION OF DOCUMENTS TO A NON-PARTY
TO Aiken Internal Medicine Associates
Attn: Custodian of Records
399 Silverbluff Road
Aiken, SC 29803
Patient: Rhonda M. Church Scheil RECORDS MUST
DOB: 7/22/1962 BE CERTIFIED
SSN: XXX-XX-9149
COME NOW Defendants (“defendant”), and serve this Request for Production of
Documents to a Non-Party. Pursuant to O.C.G.A. §§ 9-11-26 and 9-11-34, you are requested to
produce certified copies of the documents described below to the undersigned counsel for
defendant at the law offices of Moseley Marcinak Law Group, LLP, P.O. Box 1688, Kennesaw,
GA 30156. O.C.G.A. § 9-11-34(c)(2) specifically provides that you “shall promptly comply” with
this request where no objection is filed by you or any party to this action within twenty days of
this request. The cost of copying shall be paid by the undersigned counsel.
PREFACE
1
The requested documents pertain to RHONDA M. CHURCH SCHEIL.
2.
If you believe your facility has responsive documents which are confidential or proprietary
in nature, please do not voice a blanket objection and withhold such documents. Instead, please
assert the respective privilege and provide Defendant with your proposed Confidentiality Order or
discuss with counsel for Defendant. If a Confidentiality Order is not agreeable, please produce a
privilege log as required under the Civil Practice Act to permit Defendant the opportunity to assess
whether follow-up is needed.
3
If an objection is made, please state specifically whether you are withholding responsive
documents to your objection to permit Defendant the opportunity to assess whether follow-up is
needed.
REQUESTS FOR PRODUCTION OF DOCUMENTS
The documents you are requested to produce are as follows:
1 Certified copies of each and every record, office visit, chart, report, and/or note
reflecting treatment rendered to RHONDA M. CHURCH SCHEIL (hereinafter “Plaintiff’), for all
dates of service from January 1, 2000 through the present, including, but not limited to, office
admission records, all consents for treatment, patient self-assessments, problem lists, patient
information questionnaires, patient history forms, patient intake forms, counseling records,
psychiatric care, psychological care, sexual assault, alcohol abuse and/or drug abuse, results of
tests for all infectious diseases including AIDS/HIV, expert notes, and any and all administrative
documents and/or materials relating to the above-referenced patient, history and physicals, review
of systems, physician progress notes of any kind or nature whatsoever, all visits of any kind; all
surgeries of any kind; all pre-operative records; all post-operative records; all surgery discharge
records; all telephone records and messages of any kind; all referrals and requisitions to outside
healthcare providers and institutions; consultation reports/notes from other physicians of any kind
or nature whatsoever; nurse’s notes, nursing assessments, nursing flowsheets and technician notes;
all vital sign/graphic records; all prescription, pharmacy records and medication records of any
kind or nature whatsoever; all MRI, CT and x-ray reports, studies and films; all cardiology reports
and studies; all neurological reports and studies; all nutritional reports, studies and dietary records;
all insurance forms from all providers; all laboratory reports, including but not limited to drug and
alcohol testing results, vaccination records, pathology records/reports, tissue slides, tests of any
type or character, and reports thereof; all rehabilitation records; all documents of any kind filled
out or signed by the patient; all hospital records regarding any and all injuries of the patient
(regardless of the date of injury); all records from other healthcare providers (regardless of the date
of injury); all correspondence, office notes, facsimiles and/or writings of any kind and/or nature
pertaining to or in any way connected with your treatment, examination, evaluation and/or
professional association with Plaintiff and all other records relating to Plaintiff, medical care,
history, condition, treatment, diagnosis, prognosis, and/or etiology; and,
2. Certified copies of correspondence between any employee(s), staff member(s)
and/or physician(s) relating to or referencing in any way, the Plaintiff. This includes records of
any communication, written, verbal, or otherwise, with the Plaintiff, Plaintiff's legal counsel, or
any of Plaintiff's representative(s);
3 Certified copies of phone messages, medication list, pharmacy requests or any
documents utilized for providing care to said patient and any records received from any medical
provider, admission and discharge summaries;
4 Certified copies of every itemized office/medical bill, invoice, record of payment,
insurance information, Medicare/Medicaid information and/or any other documents reflecting
expenses related to or in any way connected with the medical records, treatment, examination,
evaluation and/or professional association with Plaintiff.
5 Certified Copies of all contracts, funding arrangements, assignments of rights,
letters of protection, pricing agreements, agreements to pay, liens, referral agreements,
contingency agreements, and any other legal instrument if applicable, between your facility and
any litigation funding company.
6 Certified Copies of any documents, agreements, contracts, and/or rate sheets, if
applicable, showing your insurance billing rates versus litigation billing rates! applied to your
treatment of RHONDA M. CHURCH SCHEIL for all dates of service.
You are believed to have possession, custody, or control of each of the foregoing
documents and records, which are relevant to the above-styled civil action and constitute
discoverable materials within the scope of the Georgia Civil Practice Act, O.C.G.A. § 9-11-26(b).
If you have any reason to do so, you may object to this request by filing an objection in the
court in which this action is pending and by serving a copy of the objection upon the undersigned
counsel; you may then postpone the compliance of the. request until the court rules on your
objection.
1 For purposes of this request, “litigation billing rates” refers to a distinct set of charges for services
for a patient being provided care while being represented by an attorney in regard to a pending claim
or active litigation—i.e., costs are subject to a lien, have been factored or sold, or have been paid for by
a funding company. “Insurance billing rates” refers to the distinct set of charges for services for a
patient who is not being represented by any attorney in regard to a pending claim or active litigation—
Le., costs are paid by employer-based or government-based health insurance.
This 15" day of August, 2023.
MOSELEY MARCINAK LAW Group, LLP
¢s/ Donavan K. Eason
Blair J. Cash, Esq.
Georgia Bar No. 360457
blair.cash@momarlaw.com
Donavan K. Eason
Georgia Bar No. 487358
donavan.eason@momarlaw.com
Attorneys for Defendants
MOSELEY MarcINAk Law Group, LLP
P.O. Box 1688
Kennesaw, Georgia 30156
912-581-2900
470-480-7259 (Fax)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served a copy of the within and foregoing
document upon all parties to this matter by electronically serving this document via email pursuant
to O.C.G.A. § 9-11-5 (F) and/or U.S.C.R. 36.16(E) as follows:
Carson M. Alexander
carson@whalawoffice.com
William Alexander
wil@whalawoffice.com au 10° »
Alexander & Alexander
222 Main Street Ce. EGS.
Barnwell, SC 29812
This 15" day of August, 2023.
MOSELEY MARCINAK LAw Group, LLP
4s/ Donavan K. Eason
Blair J. Cash, Esq.
Georgia Bar No. 360457
blair.cash; omarlaw.com
Donavan K. Eason
Georgia Bar No. 487358
donavan.eason@momarlaw.com
Attorneys for Defendants
MOSELEY MARCINAK LAw Group, LLP
P.O. Box 1688
Kennesaw, Georgia 30156
912-581-2900
470-480-7259 (Fax)
DECLARATION OF AUTHENTICATION OF RECORDS
PURSUANT TO 0.C.G.A §§ 24-8-803(6) AND 24-9-902(11)
THE UNDERSIGNED certifies (1) that he/she is the custodian or other qualified person
responsible for keeping the records for AIKEN INTERNAL MEDICINE ASSOCIATES; (2) that
the attached records are true and accurate copies of the records of AIKEN INTERNAL
MEDICINE ASSOCIATES which were kept by/for AIKEN INTERNAL MEDICINE
ASSOCIATES REGARDING RHONDA M. CHURCH SCHEIL (3) that the records were made
at or near the time of the occurrence of the matters set forth by, or from information transmitted
by, a person with knowledge of such matters; (4) that the records were kept in the course of the
regularly conducted activity; (5) that the records were made by the regularly conducted activity as
a regular practice of AIKEN INTERNAL MEDICINE ASSOCIATES.
THE UNDERSIGNED further certifies that said records with this certificate were delivered
to Moseley Marcinak Law Group, LLP, attorneys for defendants, who sought production of these
records. It is further certified that no objection to this production has been served upon the
undersigned by or on behalf of any other party involved in said lawsuit.
This day of. , 2023.
RECORDS CUSTODIAN FOR AIKEN
INTERNAL MEDICINE ASSOCIATES
Sworn to and subscribed before me
this day of. » 2023.
Notary Public:
My Commission Expires:
CERTIFICATION OF NO RECORDS
1
My name is and I am the Medical Records
Custodian for AIKEN INTERNAL MEDICINE ASSOCIATES.
2
In response to Defendants’ Request for Production of Documents on AIKEN INTERNAL
MEDICINE ASSOCIATES, I conducted a diligent search for records relating to the treatment of
RHONDA M. CHURCH SCHEIL. I hereby certify that AIKEN INTERNAL MEDICINE
ASSOCIATES has not treated or otherwise provided medical care for RHONDA M. CHURCH
SCHEIL and that AIKEN INTERNAL MEDICINE ASSOCIATES has no records relating to
RHONDA M. CHURCH SCHEIL.
This day of , 2023.
RECORDS CUSTODIAN FOR AIKEN
INTERNAL MEDICINE ASSOCIATES
Sworn to and subscribed before me
this day of , 2023.
Notary Public:
My Commission Expires:
STATE OF SOUTH CAROLINA
ISSUED BY THE COMMON PLEAS COURT IN THE COUNTY OF AIKEN
RHONDA CHURCH SCHEIL, Plaintiff
v. SUBPOENA IN A CIVIL CASE
DWIGHT YOUNG and TWIN RIVERS TRUCKING, Case Number:( IOAXPoa 0 ao a 4
LLC, Defendants
Pending in AIKEN County
TO: Aiken Internal Medicine Associates
(1 YOU ARE COMMANDED to appear in the above named court at the place, and time specified below to testify in the
above case.
PLACE OF TESTIMONY COURTROOM
DATE AND TIME
(J YOU ARE COMMANDED to appear at the place, date, and time-specified below to testify at the taking of a
deposition in the above case.
PLACE OF DEPOSITION DATE AND TIME
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects in
your possession, custody or control at the place, date and time specified below (list documents of objects:
See Exhibit A attached
PLACE DATE AND TIME 15 days from receipt of
Moseley Marcinak Law Group
subpoena
Attn: Holly A. Glasgow
PO Box 1688
Kennesaw, GA 30156
holly.glasgow@momarlaw.com
(YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES DATE AND TIME > AM
ANY SUBPOENAED ORGANIZATION NOT A PARTY TO THIS IS HEREBY DIRECTED TO RULE 30(b)(6}, SOUTH CAROLINA RULES OF
CIVIL PROCEDURE, TO FILE A DESIGNATION WITH THE COURT SPECIFYING ONE OR MORE OFFICERS, DIRECTORS, OR MANAGING
AGENTS, OR OTHER PERSONS WHO CONSENT TC TESTIFY ON ITS BEHALF; SHALL SET FORTH, FOR EACH PERSON DESIGNATED, THE
MATTERS ON WHICH HE WILL TESTIFY OR PRODUCE DOCUMENTS OR THINGS. THE PERSON SO DESIGNATED TESTIFY AS TO
MATTERS KNOWN OR REASONABLY AVAILABLE TO THE ORGANIZATION
TCERTIFY THAT THE SUBPOENA IS ISSUED IN COMPLIANCE WITH RULE 45(c)(1), AND THAT NOTICE AS REQUIRED BY RULE 45(b)(1) HAS BEEN
GIVEN TO ALL PARTIES.
{01026259-} SCCA 254 (05/2015) (See Rule 45, South
Carolina Rules of Civil Procedure. Parts (c) & (d) on vages 2 and 3}
ts a
-—
Blair J. Cash, Attorney for Defendants
Altomey/Issuing Officer's Signature Print Name
Indicate if Attorney for Plaintiffor Defendant
Attomey’s Address and Telephone Number:
PO Box 1688. Kennesaw, GA 301 56; 912.581.2900; blair.casi:émomarlay.com
A tart by
Clerk of CoulfIssuing Officer's Signdwure ”
Pride ryerT [o-4¥=93 Robert J Hare
Print Name
boy J fer ks pic
Pro Se Litigant's Name, Address and Telephone Number:
PROOF OF SERVICE
SERVED DATE FEES AND MILEAGE TO BE TENDERED TO WITNESS UPON
DAILY ARRIVAL
PLACE
Oves ONO AMOUNT $
SERVED ON
MANNER OF SERVICE
SERVED BY TITLE
DECLARATION OF SERVER
| certify that the foregoing information contained in the Proof of Service is true and correct.
Executed on
SIGNATURE OF SERVER
PO Box 26148, Greenville, SC 29616
ADDRESS OF SERVER
Rule 45, South Carolina Rules of Civil Procedures, Parts (c} and (d}:
{c) Protection of Persons Subject to Subpoenas.
(1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or
expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party
or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reascnable attomey's fee.
(2)(A) A person commanded to produce and permit inspection and copying of designated electronically stored information, books, papers, documents or
tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for
deposition, hearing or trial. A party or an attorney responsible for the issuance and service of a subpoena for production of books, papers and
documents without a deposition shall provide to another party copies of documents so produced upon written request. The party requesting copies shall
pay the reasonable costs of reproduction.
{B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the
subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the
‘subpoena written objection to inspection or copying of any or all of the designated materials or of the premises—or to producing electronically stored
information in the form or forms requested. If objection is made, the party serving the subpeena shall not be entitled to inspect and copy the materials or
inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the
subpoena may, upon notice to the person commanded to produce, move at any time in the court that issued the subpoena for an order to compel the
production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from
the inspection and copying commanded:
(3A) On timely motion, the court by which a subpoena was issued, or regarding a subpoena commanding appearance at a deposition, or production or
inspection directed to a non-party, the court in the county where the non-party resides, is employed or regularly transacts business in person, shall
quash or modify the subpoena if it:
(i) fails to allow reasonable time far compliance; or
(ii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to
travel more than 50 miles from the county where that person resides, is empioyed or regularly transacts business in person, except that, subject to the
{01026259-} SCCA 254 (05/2015) (Sce Rule 45, South
Carolina Rules of Civit Procedure. Parts (cl & (d) on vages 2 and 3)
provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in
which the trial is held; or
(iii) requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) If a subpoena:
(i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or
(ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the
expert's study made not at the request of any party, or
(iii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to
incur substantia! expense to travel from the county where that person resides, is employed or regularly transacts business in person, the court may, to
protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena Is issued shows a
substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena
is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
(a) Duties in Responding to Subpoena,
(1)(A)A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize
and label them to correspond with the categories in the demand.
(B) Ifa subpoena does not specify the form er forms for producing electronically stored information, a person responding to a subpoena must produce
the information in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C) A person responding to a subpoena need not produce the same etectronically stored information in more than one form.
(D) A person responding to a subpoena need not provide discovery of electronically stared information from sources that the person identifies as not
reasonably accessible because of undue burden or cast. On motion to compel discovery or to quash, the person from whom discovery is sought must
‘show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows geod cause, considering the limitations of Rule 26(b)(6)(B). The court may specify
conditions for the discovery.
(2)(A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim
shal! be made expressly and shail be supported by a description of the nature of the documents, communications, or things not produced that is
sufficient to enable the demanding party to contest the claim.
(B) If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial preparation material, the person making
the claim may notify any party that received the Information of the claim and the basis for it. After being notified, a party must promptly return, sequester,
or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may
promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being
notified, the receiving party must take reasonable steps to retrieve the information. The person who produced the information must preserve the
Information unti! the claim is resolved.
{01026259-} SCCA 254 (05/2015) (See Rule 45, South
Carolina Rules of Civil Procedure. Parts (c) & (d} on pages 2 and 3)
Preview
yoasLP0a aad IN THE SUPERIOR COURT OF PIERCE COUNTY STATE OF GEORGIA RHONDA CHURCH SCHEIL, Plaintiff, Vv. CIVIL ACTION NO. SUCA2023000079 DWIGHT YOUNG and TWIN RIVERS TRUCKING, LLC, nuso___JO-4_ D- 2A Defendants. Deputy Clerk RE! UEST FOR PRODUCTION OF DOCUMENTS TO A NON-PARTY TO Aiken Internal Medicine Associates Attn: Custodian of Records 399 Silverbluff Road Aiken, SC 29803 Patient: Rhonda M. Church Scheil RECORDS MUST DOB: 7/22/1962 BE CERTIFIED SSN: XXX-XX-9149 COME NOW Defendants (“defendant”), and serve this Request for Production of Documents to a Non-Party. Pursuant to O.C.G.A. §§ 9-11-26 and 9-11-34, you are requested to produce certified copies of the documents described below to the undersigned counsel for defendant at the law offices of Moseley Marcinak Law Group, LLP, P.O. Box 1688, Kennesaw, GA 30156. O.C.G.A. § 9-11-34(c)(2) specifically provides that you “shall promptly comply” with this request where no objection is filed by you or any party to this action within twenty days of this request. The cost of copying shall be paid by the undersigned counsel. PREFACE 1 The requested documents pertain to RHONDA M. CHURCH SCHEIL. 2. If you believe your facility has responsive documents which are confidential or proprietary in nature, please do not voice a blanket objection and withhold such documents. Instead, please assert the respective privilege and provide Defendant with your proposed Confidentiality Order or discuss with counsel for Defendant. If a Confidentiality Order is not agreeable, please produce a privilege log as required under the Civil Practice Act to permit Defendant the opportunity to assess whether follow-up is needed. 3 If an objection is made, please state specifically whether you are withholding responsive documents to your objection to permit Defendant the opportunity to assess whether follow-up is needed. REQUESTS FOR PRODUCTION OF DOCUMENTS The documents you are requested to produce are as follows: 1 Certified copies of each and every record, office visit, chart, report, and/or note reflecting treatment rendered to RHONDA M. CHURCH SCHEIL (hereinafter “Plaintiff’), for all dates of service from January 1, 2000 through the present, including, but not limited to, office admission records, all consents for treatment, patient self-assessments, problem lists, patient information questionnaires, patient history forms, patient intake forms, counseling records, psychiatric care, psychological care, sexual assault, alcohol abuse and/or drug abuse, results of tests for all infectious diseases including AIDS/HIV, expert notes, and any and all administrative documents and/or materials relating to the above-referenced patient, history and physicals, review of systems, physician progress notes of any kind or nature whatsoever, all visits of any kind; all surgeries of any kind; all pre-operative records; all post-operative records; all surgery discharge records; all telephone records and messages of any kind; all referrals and requisitions to outside healthcare providers and institutions; consultation reports/notes from other physicians of any kind or nature whatsoever; nurse’s notes, nursing assessments, nursing flowsheets and technician notes; all vital sign/graphic records; all prescription, pharmacy records and medication records of any kind or nature whatsoever; all MRI, CT and x-ray reports, studies and films; all cardiology reports and studies; all neurological reports and studies; all nutritional reports, studies and dietary records; all insurance forms from all providers; all laboratory reports, including but not limited to drug and alcohol testing results, vaccination records, pathology records/reports, tissue slides, tests of any type or character, and reports thereof; all rehabilitation records; all documents of any kind filled out or signed by the patient; all hospital records regarding any and all injuries of the patient (regardless of the date of injury); all records from other healthcare providers (regardless of the date of injury); all correspondence, office notes, facsimiles and/or writings of any kind and/or nature pertaining to or in any way connected with your treatment, examination, evaluation and/or professional association with Plaintiff and all other records relating to Plaintiff, medical care, history, condition, treatment, diagnosis, prognosis, and/or etiology; and, 2. Certified copies of correspondence between any employee(s), staff member(s) and/or physician(s) relating to or referencing in any way, the Plaintiff. This includes records of any communication, written, verbal, or otherwise, with the Plaintiff, Plaintiff's legal counsel, or any of Plaintiff's representative(s); 3 Certified copies of phone messages, medication list, pharmacy requests or any documents utilized for providing care to said patient and any records received from any medical provider, admission and discharge summaries; 4 Certified copies of every itemized office/medical bill, invoice, record of payment, insurance information, Medicare/Medicaid information and/or any other documents reflecting expenses related to or in any way connected with the medical records, treatment, examination, evaluation and/or professional association with Plaintiff. 5 Certified Copies of all contracts, funding arrangements, assignments of rights, letters of protection, pricing agreements, agreements to pay, liens, referral agreements, contingency agreements, and any other legal instrument if applicable, between your facility and any litigation funding company. 6 Certified Copies of any documents, agreements, contracts, and/or rate sheets, if applicable, showing your insurance billing rates versus litigation billing rates! applied to your treatment of RHONDA M. CHURCH SCHEIL for all dates of service. You are believed to have possession, custody, or control of each of the foregoing documents and records, which are relevant to the above-styled civil action and constitute discoverable materials within the scope of the Georgia Civil Practice Act, O.C.G.A. § 9-11-26(b). If you have any reason to do so, you may object to this request by filing an objection in the court in which this action is pending and by serving a copy of the objection upon the undersigned counsel; you may then postpone the compliance of the. request until the court rules on your objection. 1 For purposes of this request, “litigation billing rates” refers to a distinct set of charges for services for a patient being provided care while being represented by an attorney in regard to a pending claim or active litigation—i.e., costs are subject to a lien, have been factored or sold, or have been paid for by a funding company. “Insurance billing rates” refers to the distinct set of charges for services for a patient who is not being represented by any attorney in regard to a pending claim or active litigation— Le., costs are paid by employer-based or government-based health insurance. This 15" day of August, 2023. MOSELEY MARCINAK LAW Group, LLP ¢s/ Donavan K. Eason Blair J. Cash, Esq. Georgia Bar No. 360457 blair.cash@momarlaw.com Donavan K. Eason Georgia Bar No. 487358 donavan.eason@momarlaw.com Attorneys for Defendants MOSELEY MarcINAk Law Group, LLP P.O. Box 1688 Kennesaw, Georgia 30156 912-581-2900 470-480-7259 (Fax) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a copy of the within and foregoing document upon all parties to this matter by electronically serving this document via email pursuant to O.C.G.A. § 9-11-5 (F) and/or U.S.C.R. 36.16(E) as follows: Carson M. Alexander carson@whalawoffice.com William Alexander wil@whalawoffice.com au 10° » Alexander & Alexander 222 Main Street Ce. EGS. Barnwell, SC 29812 This 15" day of August, 2023. MOSELEY MARCINAK LAw Group, LLP 4s/ Donavan K. Eason Blair J. Cash, Esq. Georgia Bar No. 360457 blair.cash; omarlaw.com Donavan K. Eason Georgia Bar No. 487358 donavan.eason@momarlaw.com Attorneys for Defendants MOSELEY MARCINAK LAw Group, LLP P.O. Box 1688 Kennesaw, Georgia 30156 912-581-2900 470-480-7259 (Fax) DECLARATION OF AUTHENTICATION OF RECORDS PURSUANT TO 0.C.G.A §§ 24-8-803(6) AND 24-9-902(11) THE UNDERSIGNED certifies (1) that he/she is the custodian or other qualified person responsible for keeping the records for AIKEN INTERNAL MEDICINE ASSOCIATES; (2) that the attached records are true and accurate copies of the records of AIKEN INTERNAL MEDICINE ASSOCIATES which were kept by/for AIKEN INTERNAL MEDICINE ASSOCIATES REGARDING RHONDA M. CHURCH SCHEIL (3) that the records were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of such matters; (4) that the records were kept in the course of the regularly conducted activity; (5) that the records were made by the regularly conducted activity as a regular practice of AIKEN INTERNAL MEDICINE ASSOCIATES. THE UNDERSIGNED further certifies that said records with this certificate were delivered to Moseley Marcinak Law Group, LLP, attorneys for defendants, who sought production of these records. It is further certified that no objection to this production has been served upon the undersigned by or on behalf of any other party involved in said lawsuit. This day of. , 2023. RECORDS CUSTODIAN FOR AIKEN INTERNAL MEDICINE ASSOCIATES Sworn to and subscribed before me this day of. » 2023. Notary Public: My Commission Expires: CERTIFICATION OF NO RECORDS 1 My name is and I am the Medical Records Custodian for AIKEN INTERNAL MEDICINE ASSOCIATES. 2 In response to Defendants’ Request for Production of Documents on AIKEN INTERNAL MEDICINE ASSOCIATES, I conducted a diligent search for records relating to the treatment of RHONDA M. CHURCH SCHEIL. I hereby certify that AIKEN INTERNAL MEDICINE ASSOCIATES has not treated or otherwise provided medical care for RHONDA M. CHURCH SCHEIL and that AIKEN INTERNAL MEDICINE ASSOCIATES has no records relating to RHONDA M. CHURCH SCHEIL. This day of , 2023. RECORDS CUSTODIAN FOR AIKEN INTERNAL MEDICINE ASSOCIATES Sworn to and subscribed before me this day of , 2023. Notary Public: My Commission Expires: STATE OF SOUTH CAROLINA ISSUED BY THE COMMON PLEAS COURT IN THE COUNTY OF AIKEN RHONDA CHURCH SCHEIL, Plaintiff v. SUBPOENA IN A CIVIL CASE DWIGHT YOUNG and TWIN RIVERS TRUCKING, Case Number:( IOAXPoa 0 ao a 4 LLC, Defendants Pending in AIKEN County TO: Aiken Internal Medicine Associates (1 YOU ARE COMMANDED to appear in the above named court at the place, and time specified below to testify in the above case. PLACE OF TESTIMONY COURTROOM DATE AND TIME (J YOU ARE COMMANDED to appear at the place, date, and time-specified below to testify at the taking of a deposition in the above case. PLACE OF DEPOSITION DATE AND TIME YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects in your possession, custody or control at the place, date and time specified below (list documents of objects: See Exhibit A attached PLACE DATE AND TIME 15 days from receipt of Moseley Marcinak Law Group subpoena Attn: Holly A. Glasgow PO Box 1688 Kennesaw, GA 30156 holly.glasgow@momarlaw.com (YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES DATE AND TIME > AM ANY SUBPOENAED ORGANIZATION NOT A PARTY TO THIS IS HEREBY DIRECTED TO RULE 30(b)(6}, SOUTH CAROLINA RULES OF CIVIL PROCEDURE, TO FILE A DESIGNATION WITH THE COURT SPECIFYING ONE OR MORE OFFICERS, DIRECTORS, OR MANAGING AGENTS, OR OTHER PERSONS WHO CONSENT TC TESTIFY ON ITS BEHALF; SHALL SET FORTH, FOR EACH PERSON DESIGNATED, THE MATTERS ON WHICH HE WILL TESTIFY OR PRODUCE DOCUMENTS OR THINGS. THE PERSON SO DESIGNATED TESTIFY AS TO MATTERS KNOWN OR REASONABLY AVAILABLE TO THE ORGANIZATION TCERTIFY THAT THE SUBPOENA IS ISSUED IN COMPLIANCE WITH RULE 45(c)(1), AND THAT NOTICE AS REQUIRED BY RULE 45(b)(1) HAS BEEN GIVEN TO ALL PARTIES. {01026259-} SCCA 254 (05/2015) (See Rule 45, South Carolina Rules of Civil Procedure. Parts (c) & (d) on vages 2 and 3} ts a -— Blair J. Cash, Attorney for Defendants Altomey/Issuing Officer's Signature Print Name Indicate if Attorney for Plaintiffor Defendant Attomey’s Address and Telephone Number: PO Box 1688. Kennesaw, GA 301 56; 912.581.2900; blair.casi:émomarlay.com A tart by Clerk of CoulfIssuing Officer's Signdwure ” Pride ryerT [o-4¥=93 Robert J Hare Print Name boy J fer ks pic Pro Se Litigant's Name, Address and Telephone Number: PROOF OF SERVICE SERVED DATE FEES AND MILEAGE TO BE TENDERED TO WITNESS UPON DAILY ARRIVAL PLACE Oves ONO AMOUNT $ SERVED ON MANNER OF SERVICE SERVED BY TITLE DECLARATION OF SERVER | certify that the foregoing information contained in the Proof of Service is true and correct. Executed on SIGNATURE OF SERVER PO Box 26148, Greenville, SC 29616 ADDRESS OF SERVER Rule 45, South Carolina Rules of Civil Procedures, Parts (c} and (d}: {c) Protection of Persons Subject to Subpoenas. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reascnable attomey's fee. (2)(A) A person commanded to produce and permit inspection and copying of designated electronically stored information, books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. A party or an attorney responsible for the issuance and service of a subpoena for production of books, papers and documents without a deposition shall provide to another party copies of documents so produced upon written request. The party requesting copies shall pay the reasonable costs of reproduction. {B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the ‘subpoena written objection to inspection or copying of any or all of the designated materials or of the premises—or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpeena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time in the court that issued the subpoena for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded: (3A) On timely motion, the court by which a subpoena was issued, or regarding a subpoena commanding appearance at a deposition, or production or inspection directed to a non-party, the court in the county where the non-party resides, is employed or regularly transacts business in person, shall quash or modify the subpoena if it: (i) fails to allow reasonable time far compliance; or (ii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to travel more than 50 miles from the county where that person resides, is empioyed or regularly transacts business in person, except that, subject to the {01026259-} SCCA 254 (05/2015) (Sce Rule 45, South Carolina Rules of Civit Procedure. Parts (cl & (d) on vages 2 and 3) provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held; or (iii) requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; or (iv) subjects a person to undue burden. (B) If a subpoena: (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party nor an officer, director or managing agent of a party, nor a general partner of a partnership that is a party, to incur substantia! expense to travel from the county where that person resides, is employed or regularly transacts business in person, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena Is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (a) Duties in Responding to Subpoena, (1)(A)A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (B) Ifa subpoena does not specify the form er forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) A person responding to a subpoena need not produce the same etectronically stored information in more than one form. (D) A person responding to a subpoena need not provide discovery of electronically stared information from sources that the person identifies as not reasonably accessible because of undue burden or cast. On motion to compel discovery or to quash, the person from whom discovery is sought must ‘show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows geod cause, considering the limitations of Rule 26(b)(6)(B). The court may specify conditions for the discovery. (2)(A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shal! be made expressly and shail be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial preparation material, the person making the claim may notify any party that received the Information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, the receiving party must take reasonable steps to retrieve the information. The person who produced the information must preserve the Information unti! the claim is resolved. {01026259-} SCCA 254 (05/2015) (See Rule 45, South Carolina Rules of Civil Procedure. Parts (c) & (d} on pages 2 and 3)