1 IN THE CIRCUIT COURT OF SAINT LOUIS COUNTY
STATE OF MISSOURI
Division: 100 Case Number: 12SL-DR1000
In RE the Marriage of: Petitioner:
ELAINE BENES-KRAMER
v.
Respondent:
COSMOS KRAMER
PETITIONER’S FIRST REQUEST FOR ADMISSIONS, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS
COMES NOW, Petitioner, Elaine Benes-Kramer, and for her Request for Admissions, Interrogatories and Request for Production of Documents states as follows:
I. REQUEST FOR ADMISSIONS
The undersigned attorney on behalf of her client requests that you make the following admissions pursuant to Missouri Rules of Civil Procedure.
Should you admit or deny the truth of any matter of fact or information or belief, so state in detail the nature and source of the information on which said response is based. You are further notified that if the following admissions are not properly responded to, Plaintiff will seek full sanctions as provided in the Missouri Rules of Civil Procedure including, but not limited to, moving the Court to assess the expenses of proving the fact covered by said admissions,
2 including attorney's fees incurred in making such proof.
6. Admit that you told your attorney that you had read all of your Wife’s emails in her (Acme Studio email account).
8. Admit that you had a phone conversation with forensic expert Greg Chatten in which you told him that he was not to read any of your emails when he examined your computer per court order.
9. Admit that in the above phone conversation Greg Chatten told you that he would examine anything on your computer that he was directed to examine under the court order.
10. Admit that shortly after your phone conversation with Greg Chatten you reported to him or your attorney that your computer had “crashed” and could not start.
11. Admit that you called Greg Chatten, cyber forensics expert, on two occasions.
12. Admit that you told Greg Chatten that he could not read your emails when he examined your computer and that he told you that he would read those if they fell under the Court Order.
13. Admit also that you told Greg Chatten that your computer had crashed and it would not start.
14. Admit that you have read emails from your daughter's email account without her permission.
II. INTERROGATORIES
The following interrogatories are propounded by the undersigned attorney on behalf of her client in accordance with the Missouri Rules of Civil Procedure.
These interrogatories are continuing in character to require you to file supplementary answers if you obtain further or different information before trial. If you fail to list any expert or fact witness sufficiently before trial so that we can prepare properly for their testimony, we
3 intend to object to that witness being allowed to testify.
“You” includes anyone acting on your behalf. In answering these interrogatories, furnish such information as is available to you, not merely such information as is of your own knowledge. This means you are under a duty to furnish information that is known by or in the possession of at least your employees, doctors, attorneys, agents, investigators, examiners, bookkeepers, accountants, and/or persons employed by you or in your behalf.
To simplify the issues and resolve as many matters of fact as possible before trial, you are further requested that if the interrogatories or portions thereof cannot be answered fully, it shall be answered to the extent possible with the reasons for not answering more fully to be set out specifically. If you object to answering or fail to answer any Interrogatory calling for certain information or to the identification of certain documents on the grounds of either attorney/client privilege or the Work Product Doctrine, or both, or any other claim of privilege, then as to such information or such documents allegedly subject to such asserted objection, you are requested to supply an identification of such information or such documents, in writing, with sufficient specificity to permit the Court to reach a determination in the event of a Motion to Compel about the applicability of the asserted objection, together with an indication of the basis for the assertion of the objection based on attorney/client privilege or the Work Product Doctrine, or any other claim or privilege. In the case of documents, the full identification of which is objected to because of either the attorney/client privilege or the Work Product Doctrine, or any other claim or privilege, such partial identification called for by this instruction shall include the nature of the document (for example, interoffice memoranda, correspondence, report), the sender or author, the recipient of each copy, the date, the name of each person to whom the original or any copy was circulated, the name appearing on any circulation list associated with such document, and a summary statement of the subject matter of the document in sufficient detail to permit the Court to reach a determination in the event of a Motion to Compel, but not so complete as to vitiate the effectiveness of the assertion of the objection.
4 4. State the first date that you began reading the emails in your Wife’s email account with address (Acme Studio account). State each date thereafter that you read emails in your Wife’s email account with address (Acme Studio account). State the date that you stopped reading emails in your Wife’s email account with address (Acme Studio account).
PETITIONER ANSWER:
RESPONDENT ANSWER:
5. State the first date that you began reading the emails in your Wife’s email account with address (Gmail). State each date thereafter that you read emails in your Wife’s email account with address (Gmail). State the date that you stopped reading emails in your Wife’s email account with address (Gmail).
PETITIONER ANSWER:
RESPONDENT ANSWER:
6. State exactly how you obtained the address and password that you used to access the emails in your Wife’s email account with address (Gmail). State the date you obtained the address and password that you used to access the emails in your Wife’s email account with address (Gmail).
PETITIONER ANSWER:
RESPONDENT ANSWER:
7. Did you load any software onto your wife’s laptop, computer, cell phone or other device without her knowledge? If so, state the name of the software, how you obtained it, the cost of such software, the vendor of the software, the purpose of the software, why you loaded such software and the date that you loaded such software. State how you were able to load such software without her knowledge and state what the software allowed you to see or control after
5 you loaded it.
PETITIONER ANSWER:
RESPONDENT ANSWER:
8. State your reason for stopping the depositing of money in the Meramec Valley Bank account that you opened in your sole name after the petition for dissolution was filed in this case. State whether you read in your wife’s email exchanges with her attorney that she suspected that you had opened a secret bank account. State whether your ceasing to make deposits into the Meramec Valley Bank account was after you read this email from your wife to her attorney. State whether you opened any other bank account in your sole name after you ceased making deposits into the Meramec Valley Bank account.
PETITIONER ANSWER:
RESPONDENT ANSWER:
10. State the actions on your computer that you took just before your computer crashed, shortly after you spoke by phone to Greg Chatten.
11. List the experts witnesses that you anticipate you will call to testify in this action, including the hearing on contempt. State the nature of their testimony and their expertise
PETITIONER ANSWER:
Greg Chatten, cyber forensics expert. Will testify as to his phone conversations with Husband and the software available to hack into another person’s computer.
6 15. Did you ever read any emails from your daughter, Tweetie Pie’s account?
PETITIONER ANSWER:
RESPONDENT ANSWER:
III. REQUEST FOR PRODUCTION OF DOCUMENTS
The undersigned attorney on behalf of her client requests pursuant to the Missouri Rules of Civil Procedure, that you ("You" means by you individually and anyone you are involved with jointly, such as partner or co-owner) produce and permit inspection of the documents and tangible objects listed below.
“Document” includes the original and any other non identical copy (whether different from the original because of notes made on such or otherwise) of all notes, minutes of meetings, reports, calls, letters, telegrams, memoranda, transcripts of telephone conversations, diaries, sound reports, and all other documentary material of any nature whatsoever, together with any attachments thereto or enclosures therewith.
For other instructions, see the instructions for interrogatories above.
Inspection and copying shall commence _________________, at 9:00 A.M. at the office
of Barbara Behrens, 225 S. Meramec Ave. Suite 302, Clayton, MO 63105 and will continue until completed. You or your attorney will call to confirm the date and time; otherwise, it will be assumed that you will not comply with this request.
You are to organize and label the documents you produce to correspond with the interrogatory questions.
1. Please produce any documents or things you relied upon that support your answers in Petitioner’s Interrogatories.
2. Produce all documentation requested in Petitioner's First Set of Interrogatories.
7 STATE OF MISSOURI )
) SS.
COUNTY OF ST. LOUIS )
This affiant, the Petitioner herein, after being duly sworn upon her oath, deposes and states that the facts stated in the foregoing Answers to Interrogatories are true and correct according to her best knowledge, information and belief.
_____________________________
Elaine Benes-Kramer
Subscribed and sworn to before me this _____ day of ________________, 2012.
_____________________________
Notary Public
My Commission Expires: Respectfully submitted,
Law Offices of Barbara Behrens
By:__________________________
Barbara Behrens, MBE#31696
225 South Meramec, Suite 302
Saint Louis, MO 63117
(314) 499-6999 (telephone)
8 ATTORNEY FOR PETITIONER
ELAINE BENES-KRAMER
CERTIFICATE OF SERVICE
The undersigned certifies that on the ____________, a copy of the foregoing instrument was served by depositing in U.S. Mail, first-class, postage prepaid, addressed to: Mr. Newman, 129 West 81st Street, St. Charles, MO 63301 and a digital copy in Word format was served on him by email.
