Preview
MON-L-003146-22 06/23/2023 4:43:46 PM Pglof3 Trans ID: LCV20231883246
Mare P. Caswell, Esq. ID# 027081996
SHAMY, SHIPERS & LONSKT, P.C.
334 Milltown Road
East Brunswick, New Jersey 08816
732-210-4404
Attorneys for Plaintiff(s)
CHRISTOPHER WAGENHALS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, MONMOUTH COUNTY
DOCKET#: MON-L-3146-22
VS.
Civil Action
JEFF WOSZCZAK, JOSHUA A
WOSZCZAK, HALEY LONG, JOHN DOES NOTICE OF MOTION TO STRIKE
1-10; and ABC CORPORATIONS 1-10, DEFENDANT, JEFF WOSZCZAK’S
ANSWER & DEFENSES FOR FAILURE
Defendants. TO PROVIDE DISCOVERY
VIA E-COURTS:
TO: Civil Motion Clerk
Monmouth County Superior Court
71 Monument Street
Freehold, New Jersey 07728
Geralamo, McNulty, Divis, Lewbart & Fox
Attorneys for Defendant, Jeff Woszezak
Attention: John A. Dougherty, Esq.
206 White Horse Pike, Suite 2
Haddon Heights, New Jersey 08035
King, Kitrick, Jackson, McWeeney & Wells
Attorneys for Defendant, Jeff Woszezak
Attention: William E. Wells, Jr., Esq.
2329 Highway 34 S., Suite 103
Manasquan, New Jersey 08736
SIRS:
PLEASE TAKE NOTICE that on Friday, July 21, 2023, ai nine o’clock in the
forenoon, or as soon thereafter as counsel may be heard, the undersigned, attorneys for the
plaintiff, Christopher Wagenhals, shall apply to the Superior Court of New Jersey, Law Division,
1
MON-L-003146-22 06/23/2023 4:43:46 PM Pg2of3 Trans ID: LCV20231883246
Monmouth County, at the Monmouth County Court House in Freehold, New Jersey, for an
Order striking the Answer and Defenses of the defendant, Jeff Woszezak, for failure to provide
answers to interrogatories and a response to the Notice to Produce or for such other relief as the
Court may deem just under the circumstances.
PLEASE TAKE FURTHER NOTICE that upon hearing of the within Motion, we will
rely upon the annexed Certification of Counsel in support hereof.
PLEASE TAKE FURTHER NOTICE that no pretrial conference, calendar call, or trial
date has yet been fixed in this matter.
PLEASE TAKE FURTHER NOTICE that in accordance with the provisions of Rule
1:6-2(d), the undersigned does not request oral argument at this time. A copy of the proposed
Order is annexed hereto.
PLEASE TAKE FURTHER NOTICE that failure to file a timely written response
hereto will bar oral argument in opposition to the within application.
SHAMY, SHIPERS & LONSKI, P.C.
Attorneys for Plaintifi(s)
By.
ASWELL, ESQ.
Dated: June 23, 2023
MON-L-003146-22 06/23/2023 4:43:46 PM Pg3o0f3 Trans ID: LCV20231883246
CERTIFICATION
On this date, the original of the within Notice of Motion has been e-filed with the
Monmouth County Motion Clerk.
SHAMY, SHIPERS & LONSKI, P.C.
Attorneys for Plaintiff(s), /
fo
_¢
By,
wee ESQ.
Dated: June 23, 2023
MON-L-003146-22 06/23/2023 4:43:46 PM Pglof4 Trans ID: LCV20231883246
Mare P. Caswell, Esq. ID# 027081996
SHAMY, SHIPERS & LONSKI, P.C.
334 Milltown Road
East Brunswick, New Jersey 08816
732-210-4404
Attorneys for Plaintiff(s)
CHRISTOPHER WAGENHALS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, MONMOUTH COUNTY
DOCKET#: MON-L-3146-22
VS.
Civil Action
JEFF WOSZCZAK, JOSHUA A
WOSZCZAK, HALEY LONG, JOHN DOES CERTIFICATION IN SUPPORT OF
1-10; and ABC CORPORATIONS 1-10, NOTICE OF MOTION STRIKING
DEFENDANT, JEFF WOSZCZAK’S
Defendants. ANSWER & DEFENSES FOR FAILURE
TO PROVIDE DISCOVERY
Marc P. Caswell Esq., of full age, duly certifies as follows:
1. Tam an attorney at law of the State of New Jersey and a member of the firm of
Shamy, Shipers & Lonski, P.C., attorneys for the plaintiff in the within matter, and am
personally entrusted with the handling of same on behalf of the said plaintiff.
2. This matter arises out of a construction accident which occurred on January 5, 2021 at
premises owned by Joshua A. Woszczak and Haley Long causing plaintiff to suffer serious
injuries.
3. The Complaint in this matter was filed on November 14, 2022.
4, The Complaint served upon the defendant, Jeff Woszczak contained a demand for
answers to Uniform Interrogatories — Forms C and C(1). Supplemental Interrogatories and
Plaintiff’s Initial Notice to Produce were served upon the defendants on March 10, 2023.
5. A follow-up request for discovery was sent out on May 24, 2023. (See Exhibit “A”
attached hereto). To date same has not yet been received.
1
MON-L-003146-22 06/23/2023 4:43:46 PM Pg2of4 Trans ID: LCV20231883246
6. There is currently no arbitration or trial date scheduled in this matter.
7. Plaintiff is not in default of any discovery obligations owed to the defendants.
8 I make this Certification in support of plaintiffs’ Motion to Strike the Answer and
Defenses of the defendant, Jeff Woszezak in this matter.
9. I certify that the foregoing statements made by me are true. I am aware that if any of
the foregoing statements made by me are willfully false, I am subject to punishment.
SHAMY, SHIPERS & LONSKI, PC.
Attorneys for Plaintiff(s)
By.
P. i ESQ.
Dated: June 23, 2023
MON-L-003146-22 06/23/2023 4:43:46 PM Pg3of4 Trans ID: LCV20231883246
EXHIBIT “A”
MON-L-003146-22 06/23/2023 4:43:46 PM Pg4of4 Trans ID: LCV20231883246
WILLIAM J. SHIPERS
DAVID P. LONSKI
SHAMY, SHIPERS & LONSKI, P.c. DARREN M. PFEIL*
ATTORNEYS AT LAW MARC P. CASWELL
neces enema
THOMAS J. SHAMY A PROFESSIONAL CORPORATION
OF COUNSEL:
(1966-1992) RONALD G. KERCADO
PHILIP H. SHORE 334 MILLTOWN ROAD
EAST BRUNSWICK, NJ 08816 GEORGE W. PRESSLER
1968-2007, penne nnennn ns
ROBERT J. MacNIVEN ‘*Admitted Attomey NJ, NY, & PA
~
(1972-2020)
eee
(732) 210-4404
www.SSandL.com
FAX: (732) 210-4443
REPLY TO EAST BRUNSWICK
May 24, 2023
King Kitrick, Jackson, McWeeney & Wells
Attention: William E. Wells, Jr., Esq.
2329 Highway 34 S, Suite 104
Manasquan, New Jersey 08736
Gerolamo, McNulty, Divis, Lewbart & Fox
Attention: John A. Dougherty, Esq.
206 White Horse Pike, Suite 2
Haddon Heights, New Jersey 08035
Re: Wagenhals vs. Woszezak, et al
Docket No: MON-L-3146-22
Dear Counsellors:
A review of our file in this matter reveals that we have not yet received your client’s Jeff
Woszezak’s) answersto Interrogatories. Since the time for providing said answers has expired, I
request that you forward same on or before June 7, 2023 to avoid the necessity of a Motion.
Thank you for your attention to this matter.
Very truly yours,
SHAMY, SHIPERS & LONSKI, P.C.
BY.
MARC P. CASWELL, ESQ.
MPCiceg
SHORE AREA OFFICE: 1007 A MAIN STREET, BELMAR, NEW JERSEY 07719
PHONE (732) 974-3132
MON-L-003146-22 06/23/2023 4:43:46 PM Pglof2 Trans ID: LCV20231883246
Marc P. Caswell, Esq. ID# 027081996
SHAMY, SHIPERS & LONSKI, P.C.
334 Milltown Road
East Brunswick, New Jersey 08816
732-210-4404
Attorneys for Plaintiff(s)
CHRISTOPHER WAGENHALS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, MONMOUTH COUNTY
DOCKET#: MON-L-3146-22
vs.
Civil Action
JEFF WOSZCZAK, JOSHUA A
WOSZCZAK, HALEY LONG, JOHN DOES
1-10; and ABC CORPORATIONS 1-10, ORDER STRIKING
DEFENDANT, JEFF WOSZCZAK’S
Defendants. ANSWER & DEFENSES FOR FAILURE
TO PROVIDE DISCOVERY
THIS MATTER having been opened to the Court by Shamy, Shipers & Lonski, P.C.,
attorneys for the plaintiff, Christopher Wagenhals, upon application for an Order striking the
Answer and Defenses of the defendant, Jeff Woszczak, for failure to provide answers to
interrogatories and a response to the Notice to Produce previously served upon said defendant,
and the Court having read and considered the moving papers and supporting Certification filed
herein, and it appearing that the said plaintiff has complied with all discovery requests herein,
and good cause appearing for the making of the within Order;
IT IS on this day of July, 2023,
ORDERED that the Answer and Defenses of the defendant, Jeff Woszczak, be and the
same are hereby stricken; and it is
MON-L-003146-22 06/23/2023 4:43:46 PM Pg2of2 Trans ID: LCV20231883246
FURTHER ORDERED that service of this Order shall be deemed effectuated upon all
parties upon its upload to eCourts. Pursuant to Rule 1:5-1(a), movant shall serve a copy of this
Order on all parties not served electronically within seven (7) days of the date hereof.
JS.C.
The within application was opposed/ unopposed.
Preview
MON-L-003146-22 06/23/2023 4:43:46 PM Pglof3 Trans ID: LCV20231883246 Mare P. Caswell, Esq. ID# 027081996 SHAMY, SHIPERS & LONSKT, P.C. 334 Milltown Road East Brunswick, New Jersey 08816 732-210-4404 Attorneys for Plaintiff(s) CHRISTOPHER WAGENHALS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, MONMOUTH COUNTY DOCKET#: MON-L-3146-22 VS. Civil Action JEFF WOSZCZAK, JOSHUA A WOSZCZAK, HALEY LONG, JOHN DOES NOTICE OF MOTION TO STRIKE 1-10; and ABC CORPORATIONS 1-10, DEFENDANT, JEFF WOSZCZAK’S ANSWER & DEFENSES FOR FAILURE Defendants. TO PROVIDE DISCOVERY VIA E-COURTS: TO: Civil Motion Clerk Monmouth County Superior Court 71 Monument Street Freehold, New Jersey 07728 Geralamo, McNulty, Divis, Lewbart & Fox Attorneys for Defendant, Jeff Woszezak Attention: John A. Dougherty, Esq. 206 White Horse Pike, Suite 2 Haddon Heights, New Jersey 08035 King, Kitrick, Jackson, McWeeney & Wells Attorneys for Defendant, Jeff Woszezak Attention: William E. Wells, Jr., Esq. 2329 Highway 34 S., Suite 103 Manasquan, New Jersey 08736 SIRS: PLEASE TAKE NOTICE that on Friday, July 21, 2023, ai nine o’clock in the forenoon, or as soon thereafter as counsel may be heard, the undersigned, attorneys for the plaintiff, Christopher Wagenhals, shall apply to the Superior Court of New Jersey, Law Division, 1 MON-L-003146-22 06/23/2023 4:43:46 PM Pg2of3 Trans ID: LCV20231883246 Monmouth County, at the Monmouth County Court House in Freehold, New Jersey, for an Order striking the Answer and Defenses of the defendant, Jeff Woszezak, for failure to provide answers to interrogatories and a response to the Notice to Produce or for such other relief as the Court may deem just under the circumstances. PLEASE TAKE FURTHER NOTICE that upon hearing of the within Motion, we will rely upon the annexed Certification of Counsel in support hereof. PLEASE TAKE FURTHER NOTICE that no pretrial conference, calendar call, or trial date has yet been fixed in this matter. PLEASE TAKE FURTHER NOTICE that in accordance with the provisions of Rule 1:6-2(d), the undersigned does not request oral argument at this time. A copy of the proposed Order is annexed hereto. PLEASE TAKE FURTHER NOTICE that failure to file a timely written response hereto will bar oral argument in opposition to the within application. SHAMY, SHIPERS & LONSKI, P.C. Attorneys for Plaintifi(s) By. ASWELL, ESQ. Dated: June 23, 2023 MON-L-003146-22 06/23/2023 4:43:46 PM Pg3o0f3 Trans ID: LCV20231883246 CERTIFICATION On this date, the original of the within Notice of Motion has been e-filed with the Monmouth County Motion Clerk. SHAMY, SHIPERS & LONSKI, P.C. Attorneys for Plaintiff(s), / fo _¢ By, wee ESQ. Dated: June 23, 2023 MON-L-003146-22 06/23/2023 4:43:46 PM Pglof4 Trans ID: LCV20231883246 Mare P. Caswell, Esq. ID# 027081996 SHAMY, SHIPERS & LONSKI, P.C. 334 Milltown Road East Brunswick, New Jersey 08816 732-210-4404 Attorneys for Plaintiff(s) CHRISTOPHER WAGENHALS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, MONMOUTH COUNTY DOCKET#: MON-L-3146-22 VS. Civil Action JEFF WOSZCZAK, JOSHUA A WOSZCZAK, HALEY LONG, JOHN DOES CERTIFICATION IN SUPPORT OF 1-10; and ABC CORPORATIONS 1-10, NOTICE OF MOTION STRIKING DEFENDANT, JEFF WOSZCZAK’S Defendants. ANSWER & DEFENSES FOR FAILURE TO PROVIDE DISCOVERY Marc P. Caswell Esq., of full age, duly certifies as follows: 1. Tam an attorney at law of the State of New Jersey and a member of the firm of Shamy, Shipers & Lonski, P.C., attorneys for the plaintiff in the within matter, and am personally entrusted with the handling of same on behalf of the said plaintiff. 2. This matter arises out of a construction accident which occurred on January 5, 2021 at premises owned by Joshua A. Woszczak and Haley Long causing plaintiff to suffer serious injuries. 3. The Complaint in this matter was filed on November 14, 2022. 4, The Complaint served upon the defendant, Jeff Woszczak contained a demand for answers to Uniform Interrogatories — Forms C and C(1). Supplemental Interrogatories and Plaintiff’s Initial Notice to Produce were served upon the defendants on March 10, 2023. 5. A follow-up request for discovery was sent out on May 24, 2023. (See Exhibit “A” attached hereto). To date same has not yet been received. 1 MON-L-003146-22 06/23/2023 4:43:46 PM Pg2of4 Trans ID: LCV20231883246 6. There is currently no arbitration or trial date scheduled in this matter. 7. Plaintiff is not in default of any discovery obligations owed to the defendants. 8 I make this Certification in support of plaintiffs’ Motion to Strike the Answer and Defenses of the defendant, Jeff Woszezak in this matter. 9. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. SHAMY, SHIPERS & LONSKI, PC. Attorneys for Plaintiff(s) By. P. i ESQ. Dated: June 23, 2023 MON-L-003146-22 06/23/2023 4:43:46 PM Pg3of4 Trans ID: LCV20231883246 EXHIBIT “A” MON-L-003146-22 06/23/2023 4:43:46 PM Pg4of4 Trans ID: LCV20231883246 WILLIAM J. SHIPERS DAVID P. LONSKI SHAMY, SHIPERS & LONSKI, P.c. DARREN M. PFEIL* ATTORNEYS AT LAW MARC P. CASWELL neces enema THOMAS J. SHAMY A PROFESSIONAL CORPORATION OF COUNSEL: (1966-1992) RONALD G. KERCADO PHILIP H. SHORE 334 MILLTOWN ROAD EAST BRUNSWICK, NJ 08816 GEORGE W. PRESSLER 1968-2007, penne nnennn ns ROBERT J. MacNIVEN ‘*Admitted Attomey NJ, NY, & PA ~ (1972-2020) eee (732) 210-4404 www.SSandL.com FAX: (732) 210-4443 REPLY TO EAST BRUNSWICK May 24, 2023 King Kitrick, Jackson, McWeeney & Wells Attention: William E. Wells, Jr., Esq. 2329 Highway 34 S, Suite 104 Manasquan, New Jersey 08736 Gerolamo, McNulty, Divis, Lewbart & Fox Attention: John A. Dougherty, Esq. 206 White Horse Pike, Suite 2 Haddon Heights, New Jersey 08035 Re: Wagenhals vs. Woszezak, et al Docket No: MON-L-3146-22 Dear Counsellors: A review of our file in this matter reveals that we have not yet received your client’s Jeff Woszezak’s) answersto Interrogatories. Since the time for providing said answers has expired, I request that you forward same on or before June 7, 2023 to avoid the necessity of a Motion. Thank you for your attention to this matter. Very truly yours, SHAMY, SHIPERS & LONSKI, P.C. BY. MARC P. CASWELL, ESQ. MPCiceg SHORE AREA OFFICE: 1007 A MAIN STREET, BELMAR, NEW JERSEY 07719 PHONE (732) 974-3132 MON-L-003146-22 06/23/2023 4:43:46 PM Pglof2 Trans ID: LCV20231883246 Marc P. Caswell, Esq. ID# 027081996 SHAMY, SHIPERS & LONSKI, P.C. 334 Milltown Road East Brunswick, New Jersey 08816 732-210-4404 Attorneys for Plaintiff(s) CHRISTOPHER WAGENHALS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, MONMOUTH COUNTY DOCKET#: MON-L-3146-22 vs. Civil Action JEFF WOSZCZAK, JOSHUA A WOSZCZAK, HALEY LONG, JOHN DOES 1-10; and ABC CORPORATIONS 1-10, ORDER STRIKING DEFENDANT, JEFF WOSZCZAK’S Defendants. ANSWER & DEFENSES FOR FAILURE TO PROVIDE DISCOVERY THIS MATTER having been opened to the Court by Shamy, Shipers & Lonski, P.C., attorneys for the plaintiff, Christopher Wagenhals, upon application for an Order striking the Answer and Defenses of the defendant, Jeff Woszczak, for failure to provide answers to interrogatories and a response to the Notice to Produce previously served upon said defendant, and the Court having read and considered the moving papers and supporting Certification filed herein, and it appearing that the said plaintiff has complied with all discovery requests herein, and good cause appearing for the making of the within Order; IT IS on this day of July, 2023, ORDERED that the Answer and Defenses of the defendant, Jeff Woszczak, be and the same are hereby stricken; and it is MON-L-003146-22 06/23/2023 4:43:46 PM Pg2of2 Trans ID: LCV20231883246 FURTHER ORDERED that service of this Order shall be deemed effectuated upon all parties upon its upload to eCourts. Pursuant to Rule 1:5-1(a), movant shall serve a copy of this Order on all parties not served electronically within seven (7) days of the date hereof. JS.C. The within application was opposed/ unopposed.