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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I would like help with proper format of a petition to a

Customer Question

I would like help with proper format of a petition to a judge for relief or consideration. Any procedural advice I would appreciate as well. Thank you in advance
Submitted: 2 years ago.
Category: Family Law
Expert:  mkc1959 replied 2 years ago.
Can you provide a little more information about your situation?
Customer: replied 2 years ago.
I can, are you available now?
Expert:  mkc1959 replied 2 years ago.
I am on the site now.
Customer: replied 2 years ago.
I just asked 2 other questions directed to the site
Customer: replied 2 years ago.
Apologize, it took a while for you and I to connect and I'm very anxious about staying up all night and submitting proper docs.
Customer: replied 2 years ago.
mkc1959, what you did was not only unprofessional but rude! We would call that conduct.... unprofessional of a lawyer
Expert:  mkc1959 replied 2 years ago.
If you would like some assistance, please provide more detail so that I or some other one on Just Answer can try to help. So far there is no specific question to respond to.
I am not on the Just Answer site continuously so when you post your question it may be me or someone else who responds. No one should respond unless they have relevant information.
I don't know what other questions you refer to.
Customer: replied 2 years ago.
I understand, when you contacted me it was minutes for me to respond. Then you left....
If your in your in! Please don't waist my time is what I'm asking
Customer: replied 2 years ago.
you did it again....your not even a lawyer
Expert:  mkc1959 replied 2 years ago.
Please post your actual question. Even if I am not online at the time it is posted, I will be able to see the question if it remains unanswered. Also I may not be the right person to respond. If you post your actual question, I am confident you will receive a relevant response.
Customer: replied 2 years ago.
I would like to include a medical report for my Judge to inspect. Would that be considered a motion?
What stipulated information needs to be included on the cover? Service and averement of service means what?
Expert:  mkc1959 replied 2 years ago.
The medical report would need to be submitted as evidence. A business records affidavit can be used to introduce medical records. There are time frames and procedures to comply with.
If there is not enough time to use a business records affidavit, then a witness could be subpoenaed to appear at a hearing.
If the medical records are being attached to a motion, you would want to utilize a business records affidavit.
Customer: replied 2 years ago.
Sir perhaps I wasen't clear. The medical report is an evaluation and has been submitted to o/c previously. Service is done.
I have not seen that business form on Montco Cnty website. Please advise on proper cover using motion and inclusions, any bits of advice for respect to the judicial system would be appreciation as well
Expert:  mkc1959 replied 2 years ago.
CHAPTER 61
RULES OF EVIDENCE
Subchapter E
§ 6151. Use of certified copies.
Medical charts or records of any health care facility licensed under the laws of this Commonwealth that are susceptible to photostatic reproduction may be proved as to foundation, identity and authenticity without any preliminary testimony, by use of legible and durable copies, certified in the manner provided in this subchapter by the employee of the health care facility charged with the responsibility of being custodian of the originals thereof. These copies may be used in any trial, hearing, deposition or other judicial or administrative action or proceeding, whether civil or criminal, in lieu of the original charts or records which, however, the health care facility shall hold available during the pendency of the action or proceeding for inspection and comparison by the court, tribunal or hearing officer and by the parties and their attorneys of record. This subchapter does not apply to an X-ray film or any other portion of a medical record which is not susceptible to photostatic reproduction.
§ 6152. Subpoena of records.
(a) Election.--
(1) When a subpoena duces tecum is served upon any health care provider or an employee of any health care facility licensed under the laws of this Commonwealth, requiring the production of any medical charts or records at any action or proceeding, it shall be deemed a sufficient response to the subpoena if the health care provider or health care facility notifies the attorney for the party causing service of the subpoena, within three days of receipt of the subpoena, of the health care provider's or facility's election to proceed under this subchapter. However, when medical charts or records are requested by a district attorney or by an independent or executive agency of the Commonwealth, notice pursuant to this section shall not be deemed a sufficient response to the subpoena duces tecum.
(2) (i) Except as provided in subparagraph (ii), the health care provider or facility or a designated agent shall be entitled to receive payment of the amounts under this subsection before producing the charts or records pursuant to a subpoena. The payment shall be $20.62 for searching for and retrieving the records, $1.39 per page for the first 20 pages, $1.03 per page for pages 21 through 60 and 34¢ per page for pages 61 and thereafter for paper copies or reproductions on electronic media whether the records are stored on paper or in electronic format; $2.04 per page for copies from microfilm; plus the actual cost of postage, shipping or delivery. No other charges for the retrieval, copying and shipping or delivery of medical records other than those set forth in this paragraph shall be permitted without prior approval of the party requesting the copying of the medical records. The amounts which may be charged shall be adjusted annually beginning on January 1, 2013, by the Secretary of Health of the Commonwealth based on the most recent changes in the consumer price index reported annually by the Bureau of Labor Statistics of the United States Department of Labor.
(ii) Payment to a health care provider or facility for searching for, retrieving and reproducing medical charts or records requested by a district attorney shall be $20.62, search and retrieval fee, plus the actual cost of postage, shipping or delivery as described in subparagraph (i), as adjusted by the Secretary of Health of the Commonwealth, unless otherwise agreed to by the district attorney.
(3) No independent or executive agency of the Commonwealth shall be required to pay any search or retrieval fee, copying cost or other cost related to medical charts or records under this section unless otherwise required by law, regulation or agreed to by the agency in guidelines, statements of policy or by publication of notice in the Pennsylvania Bulletin.
(b) Notice to other parties.--Upon this notification, the attorney causing the service of the subpoena shall notify all other attorneys of record or other parties, if they are not represented by attorneys, of the health care facility's election.
(c) Delivery of records.--Following this election, the health care provider or facility shall hold the originals available, and, upon payment of its expenses by the party causing service of the subpoena, or by any other party, shall within 30 days deliver, by first class mail, certified mail, return receipt requested, or by personal delivery, legible and durable copies, certified by the health care provider or facility of all medical charts or records specified in the subpoena. However, a district attorney shall not be required to pay for copies of medical charts or records before receipt, and the charts or records shall be delivered on or before the date specified on the subpoena duces tecum.
(d) Certification.--The certification shall be signed before a notary public by the employee of the health care facility charged with the responsibility of being custodian of the records and shall include the full name of the patient, the patient's medical record number, the number of pages in the medical records and a legend substantially to the following effect:
"The copies of records for which this certification is made are true and complete reproductions of the original or microfilmed medical records which are housed in (name of health care facility). The original records were made in the regular course of business at or near the time of the matter recorded. This certification is given pursuant to 42 Pa.C.S. Ch. 61 Subch. E (relating to medical records) by the custodian of the records in lieu of his personal appearance."
Copies shall be separately enclosed and sealed in an inner envelope or wrapper bearing the legend "Copies of Medical Records."
The form would be as follows:
AFFIDAVIT OF RECORD CUSTODIAN
I, the undersigned, being duly sworn according to law, depose and say, that I am the duly authorized custodian of records for (name of hospital, doctor, employer, etc.) with the authority to certify said records, and I hereby certify to the following:
(1) The records attached hereto are true and correct copies of the records in my custody, pertaining to (claimant or decedent); and
(2) All records called for in the attached subpoena duces tecum, including this certification, which are in my custody, have been photocopied at my office, in my presence, at my discretion and under my supervision, by (name of copy service, if any); and
(3) All records produced in my presence, unless qualified below, were prepared in the ordinary course of business by authorized persons or personnel at or near the time of the act, condition or event; and
(4) A careful search has been made by me or at my direction for records pertaining to the above identified individual and the records produced pursuant to the attached subpoena duces tecum constitute all of the records of the individual so identified.
This woudl be dated, signed and notarized.
Customer: replied 2 years ago.
Good Evening Sir, Jeez if you had to type that I'm gonna feel bad.
The medical evaluation is mine and for me from a TBI. Depleted funds, can't work...at least yet. Trying for APL job I got my spouse paying 85K and I had previously left the house for the kids to finish school. I can't compete
Thnks...same form apply? I was going to put in a motion to inspect medical records. Judge is smart and see's I'm laching yet she is all about the Agency!