KOP:234108v1 4523-01

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOYCE R. MONGER : CIVIL ACTION – LAW

:

v. : NO.: 02-CV-2757

:

SALOMON J. BERENHOLZ : JURY TRIAL DEMANDED

MOTION TO COMPEL ANSWERS TO

INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS

1. On August 23, 2002, counsel for defendant forwarded to counsel for plaintiff Defendant’s

Interrogatories to be Answered by Plaintiff – First Set and Defendant’s Request for

Production of Documents. A true and correct copy of the Interrogatories and Request for

Production are attached hereto as Exhibits “A” and “B”, respectively.

2. On September 26, 2002, counsel for defendant wrote to counsel for plaintiff and requested

advice respecting the overdue answers to the Interrogatories and Request for Production. 

A true and correct copy of the aforesaid letters are attached hereto as Exhibit “C.”

3. Despite having received the above-described discovery requests more than two months

ago, and despite having received the above-described letter more than one month ago, no

answer or other response to either the Interrogatories or the Request for Production, or to

the letter from defendant’s counsel to plaintiff’s counsel, has been received. 

4. This Motion is filed pursuant to Local Rule of Civil Procedure 26.1(g).

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KOP:234108v1 4523-01 -2-

WHEREFORE, defendant requests that the Court enter an Order in the suggested form

attached hereto, requiring that the plaintiff file responses to the aforesaid discovery requests, and

that the Court grant such other relief as it may deem appropriate.

POWELL TRACHTMAN LOGAN CARRLE

 BOWMAN & LOMBARDO, P.C.

By:________________________________

Michael G. Trachtman

Attorney I.D. No.: 19525

475 Allendale Road, Suite 200

King of Prussia, PA 19406

(610) 354-9700

Date:__________________________

Attorney for Defendant

Case 2:02-cv-02757-TJS Document 7 Filed 11/04/2002 Page 2 of 5
KOP:234108v1 4523-01

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOYCE R. MONGER : CIVIL ACTION – LAW

:

v. : NO.: 02-CV-2757

:

SALOMON J. BERENHOLZ : JURY TRIAL DEMANDED

CERTIFICATE OF SERVICE

The undersigned counsel for defendant hereby certifies that on this date a true and correct

copy of the foregoing Defendant’s Motion To Compel Answers To Interrogatories And Request

For Production Of Documents was served upon counsel for plaintiff via and U.S. First Class Mail,

postage prepaid, addressed as follows:

Gary A. DeVito, Esquire

Zarwin Baum DeVito Kaplan O’Donnell & Schaer, PC

1515 Market Street, Suite 1200

Philadelphia, PA 19102

(Attorney for Plaintiff)

POWELL TRACHTMAN LOGAN CARRLE

 BOWMAN & LOMBARDO, P.C.

By:_______________________________

Michael G. Trachtman

Date: ____________________

Case 2:02-cv-02757-TJS Document 7 Filed 11/04/2002 Page 3 of 5
KOP:234108v1 4523-01

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOYCE R. MONGER : CIVIL ACTION – LAW

:

v. : NO.: 02-CV-2757

:

SALOMON J. BERENHOLZ : JURY TRIAL DEMANDED

ORDER

AND NOW, this ________ day of ____________, 2002, plaintiff is hereby ORDERED

to fully and completely answer, without objection, Defendant’s Interrogatories To Be Answered

by Plaintiff – First Set and Defendant’s Request For Production Of Documents, within 10 days

from the date hereof. Upon plaintiff’s failure to comply herewith, the Court shall enter additional

sanctions on plaintiff, which may include dismissal of the plaintiff’s Complaint, upon further

application by defendant.

BY THE COURT:

________________________________________

J.

Case 2:02-cv-02757-TJS Document 7 Filed 11/04/2002 Page 4 of 5
KOP:234108v1 4523-01

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOYCE R. MONGER : CIVIL ACTION – LAW

:

v. : NO.: 02-CV-2757

:

SALOMON J. BERENHOLZ : JURY TRIAL DEMANDED

CERTIFICATION PURSUANT TO LOCAL RULE 26.1(f)

I hereby certify that on September 26, 2002, I wrote to Gary A. DeVito, Esquire, counsel

for the plaintiff, asking for his advice in respect to his intentions regarding the outstanding

discovery requests, in the effort to avoid the necessity of filing the instant motion. I further certify

that I have no record or recollection of having received any oral or written response to said letter.

POWELL TRACHTMAN LOGAN CARRLE

 BOWMAN & LOMBARDO, P.C.

By:_______________________________

Michael G. Trachtman

Date: ____________________

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