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COMMON PLEAS COURT
MICHELE K. MUMFORD
SHELBY COUNTY CLERK
CASE #23DV 000163
FILED 11/22/2023 09:07 AM
IN THE COMMON PLEAS COURT OF SHELBY COUNTY, OHIO
DOMESTIC RELATIONS DIVISION
Tina L. Nuss
* Case No. 2023 DV 163
Plaintiff, * Judge Stevenson
*
vs.
*
Mark T. Nuss
* NOTICE OF SUBPOENA
Defendant.
TO: ALL PARTIES and their attorneys of record
PLEASE TAKE NOTICE of the issuance of the attached subpoena(s) to the following person(s)
and/or entity(ies):
-Fidelity Workplace Services LLC
Respect) ly submitted,
i fy
MINN LAW OFFICE
Minnic
orney for Plaintiff
ll
00 (6
UW LA 4
1 2 W. Columbus Ave.
Bellefontaine, OH 43311
937) 592-2004
mail: sminnichlaw@gmail.com
PROOF OF SERVICE
I hereby certify that a copy of the foregoing has been s wed on Keri Farl o. Attomey for
Kiarley@cordelllav.com day/of No ‘mber, 20:
4,
Defendant, by email at kfarle: cordelllaw.com on this
LA
Rg Minnicl
Attorney for Plai nt 003808
SHEILA E. MINNICH ~ ATTORNEY AT LAW ~ 112 W. Columbus Ave~ Bellefontaine, Ohio 43311 ~ (937) 392-2004
ZAOpen\Nuss, Tina\subpoena.notice wpd
1
IN THE SHELBY COUNTY COURT OF COMMON PLEAS
DOMESTIC RELATIONS DIVISION
* * * * SUBPOENA DUCES TECUM* * * * *
Tina L. Nuss CASE NO. 2023 DV 163
203 N. Main St.
Jackson Center, OH 45334
SSN: XXX-XX-8289
DOB: September 16, 1972
Judge Stevenson
Plaintiff,
-vs-
Mark T. Nuss
2237 Shamrock Lane, Apt. D
Troy, OH 45373
SSN: XXX-XX-4889
DOB: June 3, 1968
Defendant.
To: Fidelity Workplace Services, LLC
P.O. Box 770003
Cincinnati, OH 45277-0070
YOU ARE HEREBY COMMANDED TO:
ATTEND AND GIVE TESTIMONY AT A (TRIAL) (HEARING) (DEPOSITION) ON THE DATE, TIME AND AT THE
PLACE SPECIFIED BELOW.
ATTEND AND PRODUCE (DOCUMENTS) (TANGIBLE THINGS) AT A (TRIAL) (HEARING) (DEPOSITION) ON THE
DATE, TIME AND AT THE PLACE SPECIFIED BELOW. SEE "EXHIBIT A" ATTACHED HERETO.
PRODUCE AND PERMIT INSPECTION AND COPYING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED
BELOW, OF ANY DESIGNATED DOCUMENTS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL.
PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING OR SAMPLING, ON THE DATE AND AT THE TIME
N, CUSTODY OR
AND PLACE SPECIFIED BELOW, OF ANY TANGIBLE THINGS THAT ARE IN YOUR POSSESSIO
CONTROL.
THE PURPOSES
PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND OR OTHER PROPERTY, FOR
AND AT THE TIME SPECIFIE D BELOW. DESCRIPT ION OF LAND
DESCRIBED IN CIV. R. 34(A)(3), ON THE DATE
OR OTHER PREMISES:
DAY: FRIDAY. DATE: DECEMBER 15, 2023 TIME: 9:00 A.M.
PLACE: _MINNICH LAW OFFICE, 112 WEST COLUMBU S AVENUE, BELLEFON TAINE OH 43311
GE RII GORE IEE IOS OSA OR AEE SESE OE EOE SE ICG AEE IO IAI RE
J HEHE RE EIEIO S IEEE IESE GOSH
THE STATE OF OHIO
LOGAN County, ss:
SHEILA E. MINNICH, ATTORNEY AT LAW , Greetings:
To the Attorney:
YOU ARE HEREBY COMMANDED TO SUBPOENA THE ABOVE NAMED PERSON.
MB! ony ory lve ber, 5 2023.
WITNESS MY HAND AND SEAL OF SAID COURT THIS
BY:
REQUESTING PARTY INFORMATION:
NAME:
j= for Plaintiff CC
ATTORNEY CODE: 0038093 TELEPHONE NUMBER: _(937) 592-2004
RULES OF CIVIL PROCEDURE
RULE 45. Subpoena
(C) Protection of persons subject to subpoenas. (1) A party or an attorney r esponsible for the issuance and service ofa
to that subpoena.
subpoena shall take reasonable steps to avoid imposing undue burden or exp ense on a person subject
appear in person
(2)(a) A person commanded to produce under divisions (A)(1)(b), (iii), (iv), (Vv), or (vi) of this rule need not
n, hearing, or trial.
at the place of production or inspection unless commanded to attend and give testimony at a depositio
(iii), (iv), (v), or (vi)
(b) Subject to division (D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b),
e if such time
of this rule may, within fourteen days after service of the subpoena or before the time specified for complianc
written objections to
is less than fourteen days after service, serve upon the party or attorney designated in the subpoena
n except pursuant to an
production. If objection is made, the party serving the subpoena shall not be entitled to productio
order of the court by which the subp oena was issued. If objection has been made, the party serving the subpoena, upon
production. An or der to
notice to the person commanded to produce, may move at any time for an order to compel the
compel production shall protect any person who is not a party or an officer of a party from significant expense resulting
from the production commanded. (3) On timely motion, the court from which the subpoena was issued shall quash or
modify the subpoena, or order appearance or production only under specified conditions, if the subpoena does any of the
following: (a) Fails to allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise protected matter
and no exception or waiver applies; ( c) Requires disclosure of a fact known or opi: nion held by
an expert not retained or
26(B)(5), ifthe
specially employed by any party in anticipation of litigation or preparation for trial as d escribed by Civ.R.
fact or opinion does not describe specific events or occurrences in dispute and results from study by that expert that was
not made at the request of any party; (d) Subjects a person to undue burden. (4) Before filing a motion pursuant to division
(C)(3)(d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim of undue burden through
discussions with the issuing attorney. A motion filed pursuant to division (C)(3)(d) of this rule shall be supported by an
any claim of undue
affidavit of the subpoenaed person or a certificate of that person’s attorney of the efforts made to resolve
burden. (5) If a motion is made under division (C)(3)( c) or (C)(3)(d) of this rule, the court shall quash or modify the
y or material that
subpoena unless the party in whose behalf the subpoena is issued shows a substantial nee d for the testimon
is addressed will be
cannot be otherwise met without undue hardship and assures that the person to whom the subpoena
reasonably compensated.
(D) Duties in respondin, 2 to subpoena. (1) A person responding to a subpoena to produce documents shall, at the person’s
labeled to correspond with the
option, produce them as they are kept in the usual course of business or organized and
a subpoena for
categories in the subpoena. A person producing documents or electronically stored information pursuant to
for inspection
them shall permit their inspection and copying by all parties present at the time and place set in the subpoena
n, a person
and copying. (2) If'a request does not specify the form or forms for producing electronically stored informatio
ed
responding to a subpoena may produce the information in a form or forms in which the information is ordinarily maintain
y the court or agreed to by
if that form is reasonably useable, or in any form that is reasonably useable. Unless ordered b:
information in
the person subpoenaed, a person responding to a subpoena need not produce the same electronically stored
on when the production
more than one form. (3) A person need not provide discover of electronically stored informati
the person from whom
imposes undue burden or expense. On motion to compel discovery or for a protective order,
electronically stored information is sou; ght must show that the information is not reasonably accessible because of undue
burden or expense. If a showing of undue burden is made, the court may nonetheless order production
of electronically
in Civ.R.26(B)(4) when
stored information if the requesting party shows good cause. The court shall consider the factors
may specify the
determining if good cause exists. In ordering production of electronically stored information, the court
ally stored information.
format, extent, timing, allocation of expenses and other conditions for the discovery of the electronic
(4) When information subject to a subpot ena is withheld on a claim that it is privileged or subject to protection as
trial
e nature of the
preparation materials, the claim shall be made expressly and shall be supported by a description of th
the claim.
documents, communications, or things not produced that is sufficient to enable the demanding party to contest
n as trial-
(5) If information is produced in response to a subpoena that is subje ct to a claim of privilege or of protectio
of the claim and the
preparation material, the person making the claim may notify any party th: at received the information
specified information
basis for it. After being notified, a receiving party must promptly return, sequester, or destroy the
the information until the
and any copies within the party’s possession, custody or control. A party may not use or disclose
tion of
claim is resolved. A receiving party may promptly present the information to the court under seal for a determina
on before
the claim of privilege or of protection as trial preparation material. If the receiving party disclosed the informati
the informati on must preserve the
being notified, it must take reasonable steps to retrieve it. The person who produced
information until the claim is resolved.
"EXHIBIT A"
Fidelity Workplace Services, LLC
P.O. Box 770003
Cincinnati, OH 45277-0070
WITNESS IS INSTRUCTED TO BRING WITH HIM/HER A COPY OF ANY AND
ALL DOCUMENTS REQUESTED:
Youare hereby ordered to bring with you the following information regarding Mark T. Nuss: A copy
of statements for all accounts in his name from June 1, 2022, to present, including but not limited
to his Comerstone Building Brands 401(k) Profit Sharing Plan and US Foods 401(k) Plan account
statements.
IN LIEU OF PERSONAL APPEARANCE, THE REQUESTED DOCUMENTS MAY BE
PRODUCED TO THE ADDRESS BELOW. DOCUMENTS MUST BE RECEIVED PRIOR TO
DECEMBER 15, 2023, AND YOU MAY RESPOND VIA FAX, MAIL, OR EMAIL.
Sheila E. Minnich, Attorney at Law
Minnich Law Office
112 W. Columbus Ave.
Bellefontaine OH 43311
937-592-2004 (Phone)
937-592-0876 (Fax)
Email: sminnichlaw@gmail.com
Preview
COMMON PLEAS COURT MICHELE K. MUMFORD SHELBY COUNTY CLERK CASE #23DV 000163 FILED 11/22/2023 09:07 AM IN THE COMMON PLEAS COURT OF SHELBY COUNTY, OHIO DOMESTIC RELATIONS DIVISION Tina L. Nuss * Case No. 2023 DV 163 Plaintiff, * Judge Stevenson * vs. * Mark T. Nuss * NOTICE OF SUBPOENA Defendant. TO: ALL PARTIES and their attorneys of record PLEASE TAKE NOTICE of the issuance of the attached subpoena(s) to the following person(s) and/or entity(ies): -Fidelity Workplace Services LLC Respect) ly submitted, i fy MINN LAW OFFICE Minnic orney for Plaintiff ll 00 (6 UW LA 4 1 2 W. Columbus Ave. Bellefontaine, OH 43311 937) 592-2004 mail: sminnichlaw@gmail.com PROOF OF SERVICE I hereby certify that a copy of the foregoing has been s wed on Keri Farl o. Attomey for Kiarley@cordelllav.com day/of No ‘mber, 20: 4, Defendant, by email at kfarle: cordelllaw.com on this LA Rg Minnicl Attorney for Plai nt 003808 SHEILA E. MINNICH ~ ATTORNEY AT LAW ~ 112 W. Columbus Ave~ Bellefontaine, Ohio 43311 ~ (937) 392-2004 ZAOpen\Nuss, Tina\subpoena.notice wpd 1 IN THE SHELBY COUNTY COURT OF COMMON PLEAS DOMESTIC RELATIONS DIVISION * * * * SUBPOENA DUCES TECUM* * * * * Tina L. Nuss CASE NO. 2023 DV 163 203 N. Main St. Jackson Center, OH 45334 SSN: XXX-XX-8289 DOB: September 16, 1972 Judge Stevenson Plaintiff, -vs- Mark T. Nuss 2237 Shamrock Lane, Apt. D Troy, OH 45373 SSN: XXX-XX-4889 DOB: June 3, 1968 Defendant. To: Fidelity Workplace Services, LLC P.O. Box 770003 Cincinnati, OH 45277-0070 YOU ARE HEREBY COMMANDED TO: ATTEND AND GIVE TESTIMONY AT A (TRIAL) (HEARING) (DEPOSITION) ON THE DATE, TIME AND AT THE PLACE SPECIFIED BELOW. ATTEND AND PRODUCE (DOCUMENTS) (TANGIBLE THINGS) AT A (TRIAL) (HEARING) (DEPOSITION) ON THE DATE, TIME AND AT THE PLACE SPECIFIED BELOW. SEE "EXHIBIT A" ATTACHED HERETO. PRODUCE AND PERMIT INSPECTION AND COPYING, ON THE DATE AND AT THE TIME AND PLACE SPECIFIED BELOW, OF ANY DESIGNATED DOCUMENTS THAT ARE IN YOUR POSSESSION, CUSTODY OR CONTROL. PRODUCE AND PERMIT INSPECTION AND COPYING, TESTING OR SAMPLING, ON THE DATE AND AT THE TIME N, CUSTODY OR AND PLACE SPECIFIED BELOW, OF ANY TANGIBLE THINGS THAT ARE IN YOUR POSSESSIO CONTROL. THE PURPOSES PERMIT ENTRY UPON THE FOLLOWING DESCRIBED LAND OR OTHER PROPERTY, FOR AND AT THE TIME SPECIFIE D BELOW. DESCRIPT ION OF LAND DESCRIBED IN CIV. R. 34(A)(3), ON THE DATE OR OTHER PREMISES: DAY: FRIDAY. DATE: DECEMBER 15, 2023 TIME: 9:00 A.M. PLACE: _MINNICH LAW OFFICE, 112 WEST COLUMBU S AVENUE, BELLEFON TAINE OH 43311 GE RII GORE IEE IOS OSA OR AEE SESE OE EOE SE ICG AEE IO IAI RE J HEHE RE EIEIO S IEEE IESE GOSH THE STATE OF OHIO LOGAN County, ss: SHEILA E. MINNICH, ATTORNEY AT LAW , Greetings: To the Attorney: YOU ARE HEREBY COMMANDED TO SUBPOENA THE ABOVE NAMED PERSON. MB! ony ory lve ber, 5 2023. WITNESS MY HAND AND SEAL OF SAID COURT THIS BY: REQUESTING PARTY INFORMATION: NAME: j= for Plaintiff CC ATTORNEY CODE: 0038093 TELEPHONE NUMBER: _(937) 592-2004 RULES OF CIVIL PROCEDURE RULE 45. Subpoena (C) Protection of persons subject to subpoenas. (1) A party or an attorney r esponsible for the issuance and service ofa to that subpoena. subpoena shall take reasonable steps to avoid imposing undue burden or exp ense on a person subject appear in person (2)(a) A person commanded to produce under divisions (A)(1)(b), (iii), (iv), (Vv), or (vi) of this rule need not n, hearing, or trial. at the place of production or inspection unless commanded to attend and give testimony at a depositio (iii), (iv), (v), or (vi) (b) Subject to division (D)(2) of this rule, a person commanded to produce under divisions (A)(1)(b), e if such time of this rule may, within fourteen days after service of the subpoena or before the time specified for complianc written objections to is less than fourteen days after service, serve upon the party or attorney designated in the subpoena n except pursuant to an production. If objection is made, the party serving the subpoena shall not be entitled to productio order of the court by which the subp oena was issued. If objection has been made, the party serving the subpoena, upon production. An or der to notice to the person commanded to produce, may move at any time for an order to compel the compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the production commanded. (3) On timely motion, the court from which the subpoena was issued shall quash or modify the subpoena, or order appearance or production only under specified conditions, if the subpoena does any of the following: (a) Fails to allow reasonable time to comply; (b) Requires disclosure of privileged or otherwise protected matter and no exception or waiver applies; ( c) Requires disclosure of a fact known or opi: nion held by an expert not retained or 26(B)(5), ifthe specially employed by any party in anticipation of litigation or preparation for trial as d escribed by Civ.R. fact or opinion does not describe specific events or occurrences in dispute and results from study by that expert that was not made at the request of any party; (d) Subjects a person to undue burden. (4) Before filing a motion pursuant to division (C)(3)(d) of this rule, a person resisting discovery under this rule shall attempt to resolve any claim of undue burden through discussions with the issuing attorney. A motion filed pursuant to division (C)(3)(d) of this rule shall be supported by an any claim of undue affidavit of the subpoenaed person or a certificate of that person’s attorney of the efforts made to resolve burden. (5) If a motion is made under division (C)(3)( c) or (C)(3)(d) of this rule, the court shall quash or modify the y or material that subpoena unless the party in whose behalf the subpoena is issued shows a substantial nee d for the testimon is addressed will be cannot be otherwise met without undue hardship and assures that the person to whom the subpoena reasonably compensated. (D) Duties in respondin, 2 to subpoena. (1) A person responding to a subpoena to produce documents shall, at the person’s labeled to correspond with the option, produce them as they are kept in the usual course of business or organized and a subpoena for categories in the subpoena. A person producing documents or electronically stored information pursuant to for inspection them shall permit their inspection and copying by all parties present at the time and place set in the subpoena n, a person and copying. (2) If'a request does not specify the form or forms for producing electronically stored informatio ed responding to a subpoena may produce the information in a form or forms in which the information is ordinarily maintain y the court or agreed to by if that form is reasonably useable, or in any form that is reasonably useable. Unless ordered b: information in the person subpoenaed, a person responding to a subpoena need not produce the same electronically stored on when the production more than one form. (3) A person need not provide discover of electronically stored informati the person from whom imposes undue burden or expense. On motion to compel discovery or for a protective order, electronically stored information is sou; ght must show that the information is not reasonably accessible because of undue burden or expense. If a showing of undue burden is made, the court may nonetheless order production of electronically in Civ.R.26(B)(4) when stored information if the requesting party shows good cause. The court shall consider the factors may specify the determining if good cause exists. In ordering production of electronically stored information, the court ally stored information. format, extent, timing, allocation of expenses and other conditions for the discovery of the electronic (4) When information subject to a subpot ena is withheld on a claim that it is privileged or subject to protection as trial e nature of the preparation materials, the claim shall be made expressly and shall be supported by a description of th the claim. documents, communications, or things not produced that is sufficient to enable the demanding party to contest n as trial- (5) If information is produced in response to a subpoena that is subje ct to a claim of privilege or of protectio of the claim and the preparation material, the person making the claim may notify any party th: at received the information specified information basis for it. After being notified, a receiving party must promptly return, sequester, or destroy the the information until the and any copies within the party’s possession, custody or control. A party may not use or disclose tion of claim is resolved. A receiving party may promptly present the information to the court under seal for a determina on before the claim of privilege or of protection as trial preparation material. If the receiving party disclosed the informati the informati on must preserve the being notified, it must take reasonable steps to retrieve it. The person who produced information until the claim is resolved. "EXHIBIT A" Fidelity Workplace Services, LLC P.O. Box 770003 Cincinnati, OH 45277-0070 WITNESS IS INSTRUCTED TO BRING WITH HIM/HER A COPY OF ANY AND ALL DOCUMENTS REQUESTED: Youare hereby ordered to bring with you the following information regarding Mark T. Nuss: A copy of statements for all accounts in his name from June 1, 2022, to present, including but not limited to his Comerstone Building Brands 401(k) Profit Sharing Plan and US Foods 401(k) Plan account statements. IN LIEU OF PERSONAL APPEARANCE, THE REQUESTED DOCUMENTS MAY BE PRODUCED TO THE ADDRESS BELOW. DOCUMENTS MUST BE RECEIVED PRIOR TO DECEMBER 15, 2023, AND YOU MAY RESPOND VIA FAX, MAIL, OR EMAIL. Sheila E. Minnich, Attorney at Law Minnich Law Office 112 W. Columbus Ave. Bellefontaine OH 43311 937-592-2004 (Phone) 937-592-0876 (Fax) Email: sminnichlaw@gmail.com