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Filing # 141155081 E-Filed 12/30/2021 03:50:08 PM
RETURN OF SERVICE
State of Florida County of Palm Beach Circuit Court
Case Number: 50-2021-CA-010108
Plaintiff, MARION J. YOUNG BUTERA and THOMAS BUTERA, her
spouse
vs.
Defendants,: EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE
PLAZA and THE BRIGHT VIEW LANDSCAPES, LLC
For:
David J. Majcak, Esq.
Goldberg Segalla, LLP
222 Lakeview Avenue
Suite 800
West Palm Beach, FL 33401
Received by Williams Process Service, Inc. on the 16th day of December, 2021 at 9:00 am to be served on
Records Custodian: Bethesda Health Re: Marion J. Young Butera, 2623 S. Seacrest Blvd., Boynton
Beach, FL 33435.
1, Truong “June” Nguyen, do hereby affirm that on the 28th day of December, 2021 at 9:00 am, I:
served a CORPORATION by delivering a true copy of the Subpoena Duces Tecum Without Deposition
and Notice of Production from Non-Party with the date and hour of service endorsed thereon by me, to:
Marilyn K. as Risk Management for Bethesda Health, at the address of. 2623 S. Seacrest Bivd.,
Boynton Beach, FL 33435, and informed said person of the contents therein, in compliance with state
statutes.
Additional Information pertaining to this Service:
Attempted service at 2623 S. Seacrest Bivd., Boynton Beach, FL 33435. Bethesda health not found at
given address; not found on building directory. Sunbiz lists this company as inactive since October 2021.
The principal address is Bethesda Hospital - 2815 S. Seacrest Bivd., Boynton Beach, FL 33435.
Description of Person Served: Age: 60, Sex: F, Race/Skin Color: White, Height: 5'4", Weight: 125, Hair:
Dark Brown, Glasses: Y
Under penalties of perjury, | declare that | have read the foregoing and that the facts stated in it are true. |
am over the age of eighteen, have no interest in the above action and am a Certified Process Server in
good standing in the circuit in which service was effected in accordance with State Statutes.
/s/ Truong Nguyen
Truong "June" Nguyen
CPS# 1442
Williams Process Service, Inc.
721 US Highway 1
Suite 121
North Palm Beach, FL 33408
(561) 881-1442
Our Job Serial Number: WPS-2021023357
Ref: 16214.0040
UNM
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/30/2021 03:50:08 PM ***23359
IN THE CIRCUIT COURT OF THE 15th
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MARION J. YOUNG BUTERA
AND THOMAS BUTERA, her spouse,
Plaintiffs, CASE NO: 50-2021-CA-010108
vy.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA and THE
BRIGHTVIEW LANDSCAPES, LLC,
Defendants.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA,
Cross-Plaintiff,
v
THE BRIGHTVIEW LANDSCAPES, LLC,
Cross-Defendants.
SUBPOENA DUCES TECUM WITHOUT DE T
To: Records Custodian:
Bethesda Health
2623 S Seacrest Blvd, Boynton Beach,
FL 33435
HIPAA NOTICE: In accordance with the provisions of 45 C.F.R, 164.512(3)(1}, we have previously
notified Plaintiff's counsel of our request for the above-referenced information pursuant to a Notice of Production
from Non-Party dated the 2nd day of December, 2021. This Notice included sufficient information about the above-
captioned matter to provide an opportunity for the Plaintiff to raise an objection with the Court. The time for the
Plaintiff to raise objections has lapsed and no objections were filed or all objections filed have been resolved by this
Court.
YOU ARE COMMANDED TO EMAIL TO THE BELOW EMAIL ADDRESSES or MAIL
TO: David Majeak, Esquire, Goldberg Segalla, LLP, at our central mail address: P.O. Box 787, Buffalo, NY 14201,
within ten (10) days of service hereof, the following:
Any and all medical records, including but not limited to reports of physical examination, films, x-
rays, X-ray reports, copies of CT scans, CT scan reports, copies of MRI's, MRI reports, admission records,
notes on attendance and/or treatment, memoranda, telephone memorandum slips, laboratory studies,
records of physical therapy, reports of physical therapy, medication records, consultation records, medical
bills, ledgers, balance ledger, payment ledger, financial transaction listing, hospital records, liens and/or
31234993.v1letters of protection, and any all records whatsoever you may have in your possession or control for the
following:
NAME OF PATIENT : MARION J. YOUNG BUTERA
DATE OF BIRTH :
SOCIAL SECURITY NO
IN AN EFFORT TO AVOID ANY DISCREP. NI CATH F RECO
IS HEREBY RE TED. T OPY, HIS SUBPOENA BE ATTACHED TO
YOUR RECORDS.
You must produce gach and every piece of paper contained in your files regarding the patient, whether or not
prepared by you (i.c., including letters or records sent to you from other healthcare providers).
Pursuant to Florida Statutes 456.057(17) and Florida Administrative Code § 64-B8-10.003, a fee of
$1.00 per page for the first twenty-five (25) pages and $0.25 cents per page for cach additional page will be paid
for the photocopying of said records. IF THE FEE FOR PHOTOCOPYING EXCEEDS FIFTY ($50.00)
DOLLARS, PLEASE CONTACT THE UNDERSIGNED IN_ ADVANCE OF THE COPYING FOR
AUTHORIZATION TO DO SO. Ifit is necessary to have the fee paid in advance or if the records cannot be
gathered by the appointed date, please contact the undersigned on or before the date on the Subpoena and
arrangements will be made.
You have the right to object to the production pursuant to this Subpoena at any time before production by
giving written notice to the altorney whose name appears on this Subpoena. THIS WILLNOT BE A DEPOSITION,
NO TESTIMONY WILL BE TAKEN.
If you fail to: (1) furnish the records; or (2) object to this Subpoena, you may be in contempt of Court. You
are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the
attorney whose name appears on this Subpoena or the court, you shal! respond to this subpoena as directed.
DATED this 12th day of December, 2021
DAVED MAJCAK
For the Court
{si David Majcak_
GOLDBERG SEGALLA, LLP
David J. Majcak, Esquire
Florida Bar No. 0073883
222 Lakeview Avenue, Suite 800
West Palm Beach, FL 33401
(561) 618-4469 Office
(561) 618-4549 Fax
email designations:
dmajcak@goldbergsegalia.com
tharrisoi idbei lia.com
31234993.v1
Preview
Filing # 141155081 E-Filed 12/30/2021 03:50:08 PM RETURN OF SERVICE State of Florida County of Palm Beach Circuit Court Case Number: 50-2021-CA-010108 Plaintiff, MARION J. YOUNG BUTERA and THOMAS BUTERA, her spouse vs. Defendants,: EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHT VIEW LANDSCAPES, LLC For: David J. Majcak, Esq. Goldberg Segalla, LLP 222 Lakeview Avenue Suite 800 West Palm Beach, FL 33401 Received by Williams Process Service, Inc. on the 16th day of December, 2021 at 9:00 am to be served on Records Custodian: Bethesda Health Re: Marion J. Young Butera, 2623 S. Seacrest Blvd., Boynton Beach, FL 33435. 1, Truong “June” Nguyen, do hereby affirm that on the 28th day of December, 2021 at 9:00 am, I: served a CORPORATION by delivering a true copy of the Subpoena Duces Tecum Without Deposition and Notice of Production from Non-Party with the date and hour of service endorsed thereon by me, to: Marilyn K. as Risk Management for Bethesda Health, at the address of. 2623 S. Seacrest Bivd., Boynton Beach, FL 33435, and informed said person of the contents therein, in compliance with state statutes. Additional Information pertaining to this Service: Attempted service at 2623 S. Seacrest Bivd., Boynton Beach, FL 33435. Bethesda health not found at given address; not found on building directory. Sunbiz lists this company as inactive since October 2021. The principal address is Bethesda Hospital - 2815 S. Seacrest Bivd., Boynton Beach, FL 33435. Description of Person Served: Age: 60, Sex: F, Race/Skin Color: White, Height: 5'4", Weight: 125, Hair: Dark Brown, Glasses: Y Under penalties of perjury, | declare that | have read the foregoing and that the facts stated in it are true. | am over the age of eighteen, have no interest in the above action and am a Certified Process Server in good standing in the circuit in which service was effected in accordance with State Statutes. /s/ Truong Nguyen Truong "June" Nguyen CPS# 1442 Williams Process Service, Inc. 721 US Highway 1 Suite 121 North Palm Beach, FL 33408 (561) 881-1442 Our Job Serial Number: WPS-2021023357 Ref: 16214.0040 UNM *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/30/2021 03:50:08 PM ***23359 IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARION J. YOUNG BUTERA AND THOMAS BUTERA, her spouse, Plaintiffs, CASE NO: 50-2021-CA-010108 vy. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC, Defendants. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA, Cross-Plaintiff, v THE BRIGHTVIEW LANDSCAPES, LLC, Cross-Defendants. SUBPOENA DUCES TECUM WITHOUT DE T To: Records Custodian: Bethesda Health 2623 S Seacrest Blvd, Boynton Beach, FL 33435 HIPAA NOTICE: In accordance with the provisions of 45 C.F.R, 164.512(3)(1}, we have previously notified Plaintiff's counsel of our request for the above-referenced information pursuant to a Notice of Production from Non-Party dated the 2nd day of December, 2021. This Notice included sufficient information about the above- captioned matter to provide an opportunity for the Plaintiff to raise an objection with the Court. The time for the Plaintiff to raise objections has lapsed and no objections were filed or all objections filed have been resolved by this Court. YOU ARE COMMANDED TO EMAIL TO THE BELOW EMAIL ADDRESSES or MAIL TO: David Majeak, Esquire, Goldberg Segalla, LLP, at our central mail address: P.O. Box 787, Buffalo, NY 14201, within ten (10) days of service hereof, the following: Any and all medical records, including but not limited to reports of physical examination, films, x- rays, X-ray reports, copies of CT scans, CT scan reports, copies of MRI's, MRI reports, admission records, notes on attendance and/or treatment, memoranda, telephone memorandum slips, laboratory studies, records of physical therapy, reports of physical therapy, medication records, consultation records, medical bills, ledgers, balance ledger, payment ledger, financial transaction listing, hospital records, liens and/or 31234993.v1letters of protection, and any all records whatsoever you may have in your possession or control for the following: NAME OF PATIENT : MARION J. YOUNG BUTERA DATE OF BIRTH : SOCIAL SECURITY NO IN AN EFFORT TO AVOID ANY DISCREP. NI CATH F RECO IS HEREBY RE TED. T OPY, HIS SUBPOENA BE ATTACHED TO YOUR RECORDS. You must produce gach and every piece of paper contained in your files regarding the patient, whether or not prepared by you (i.c., including letters or records sent to you from other healthcare providers). Pursuant to Florida Statutes 456.057(17) and Florida Administrative Code § 64-B8-10.003, a fee of $1.00 per page for the first twenty-five (25) pages and $0.25 cents per page for cach additional page will be paid for the photocopying of said records. IF THE FEE FOR PHOTOCOPYING EXCEEDS FIFTY ($50.00) DOLLARS, PLEASE CONTACT THE UNDERSIGNED IN_ ADVANCE OF THE COPYING FOR AUTHORIZATION TO DO SO. Ifit is necessary to have the fee paid in advance or if the records cannot be gathered by the appointed date, please contact the undersigned on or before the date on the Subpoena and arrangements will be made. You have the right to object to the production pursuant to this Subpoena at any time before production by giving written notice to the altorney whose name appears on this Subpoena. THIS WILLNOT BE A DEPOSITION, NO TESTIMONY WILL BE TAKEN. If you fail to: (1) furnish the records; or (2) object to this Subpoena, you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this Subpoena and unless excused from this Subpoena by the attorney whose name appears on this Subpoena or the court, you shal! respond to this subpoena as directed. DATED this 12th day of December, 2021 DAVED MAJCAK For the Court {si David Majcak_ GOLDBERG SEGALLA, LLP David J. Majcak, Esquire Florida Bar No. 0073883 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 (561) 618-4469 Office (561) 618-4549 Fax email designations: dmajcak@goldbergsegalia.com tharrisoi idbei lia.com 31234993.v1