HomeMy WebLinkAbout12-1166COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. la - I I txo 04- vli
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
NHMt Vh HYYt LLHNI IVIHI?. UIJ "'5 NHMC Vr MUJ ofl ADDRESS OF APPELLANT CITV STATE ZIP CODE
q t''5 4a il- (Uc Rd- T),,v(-,,1 PA / 933 ?
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (D"nolant)*
a- ?- r rs C?rkJZ21 vs k hG(??
DOCKET No. SIGNATURE OF APPELLANT ORNEY OR AGENT
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 100813.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
NOTICE OF APPEAL
appellant was Claimant (see Pa. R. C. P. D. J. No. 1001(6) in action
before a Magisterial District Judge. A COMPLAINT MUST BE FILED
within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District'
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon J(J 1 S a- PU ZZ ( 0 appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. CU ) within twenty (20) days after service of rule or suffer en y of judgment of non pros.
Signat r of appellant or attorney or agent
RULE: To 1/ ocG U Z 2 , -A rE
( appellee(s)
L V ()I 5 J .4
Name of appellse(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 49 20 '
Signature of rothonotaryor u
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
a HOHOTAa? .
2012 FEB 23 PM I.05
CUMBERLAND COUNT``
PENNSYLVANIA
amk % ?a -L)ef
M c0 # 19 'l S9 7 tar '7 ail
Fm:MyFax - Zooyan To:Drot4notary CFFire, Cumberland County 11171724FS577;
?t3PvrI AC Iii v' ?tiL } 11 OF ?- NN Y VANIA
0U NT"/ C F C' 'M 8 C- L "..N[
Mag. Dist. No
MDJ Nan, e
Address
*7:7 EST PC 1-2
0 notice of JudgrnentfTi-;a!-,s :.rlpt Civil
Cas&
-?,onorable Suf. an K. Day
229 M11 Street
P v, Box 67
?,9: ant Hotly Springs, PA 17066
Telephone_ 717.436-"/672
Alex Khorram.
985 Watericio Road
Devon 3A 19333
Louis J Capz?z__i, Jr
V.
Alex Khcrrarn
Cocket No: MI,l-0930-2-CV-0000323-2011
Case Filed: 10/251201.1
Disposition Summary ,
ogket No Ptain ifg DefentJa„m 7ispos Lion pis c??t ic?r ?l3 tg
>.J Gapaz:Zi.-fir. Alex Kncrrarn Jt cgntunt fcr Plaintiff 0210712012
Judgment Summary
P rtiei a'tt Joint/Several Liability Individual Liability 6M_o nt
R - 4ccsra? "3D.u0 $2.172-55 c1 2.55
Lcuis J Jr, SG.00 D.OD
$000
Judymeflt Detail (,Postju^grrent)
1i? the marts of Louis J--C«uoxzi; Jr, vs. Alex Khrrram on 2J10712012 the disposition is Judgment for Plaintiff aid judgment was
avJ_ Jet a- `oJiovrs:
judgment Comaoncait. Joint( ever a[ iabilit Individual Liabilitv Deposit An2hecl Amount
C?agr,tient 54.0 S2.C29.5t7
22,t]29.50
7'' ?s e s SG OC S1 7 00 5117.00
Sevier Fees S,L} GC' 226 935 S26.05
Grand Total: $2,172.56
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHC7f,iOTARYAF LEftK CF COURT OF COMMON PLEAS, C!WL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JIJD5
MENT/TRANSCRIPT 1 DRV. 'Ai iH 'Y'OUR NOTICE OF APPEAL.
EXCEPT AS CTHERWlSE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE ,IUOGIWtENT
HQL,DER ELEOTS TO ENTER THE JUDGMENT jN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESSMAY 13E ISSUED BY THE -MAGISTERIAL DISTRICT JUE3GE,
UNUE51S THE, J JDGMAEM"f YS ENTERED iN THE COURT ,OF -COMMON PLEAS, ANYONE ?E$TL-EI..Fl4,Tk?:JG'I}Sa}?.Els1-f-
MAY Ff'
REQUEST FOR Et• RY OF SAT'S-:ACTtON WITH THE MAGISTERIAL DISTRICTJUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETELES,
UR OTHERWISE COMPLIES Vill H THE JUDGMENT.
Date Ma sten;a Dist int Judge Susan K. Day
certify That this i a true 3nC ro. r_ ,,::or ; C 'f the record of i e proceedings co. tainrri 0ae judgment-
Date Iviagtsteriai District Jude
_--
FT:"vFpx - ,'.C^va^ Cumberland County !1717MG57'1
l
Y
Participant Lest
Plaintiff(s)
±_ lis J Cc p zzi, j
1655 Holly `,'4,e
Defendarit(s )
err;;
9?5 Vtcter;oa Road
- DP-Van, PA 19333.
r ° '"2/:'3/' 2 FST Fg 2-2
Docket No MJ C4HC'-('/-?"?001223-2oii
Mo,jS3i6 a,e? , 2 'P,;ntec 02;0720 2 227'37PM
LOUIS J. CAPOZZI, JR., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff N
Ica -C
V. Docket No.: 12-1166 CIVIL
ter: ?
ALEX KHORRAM, Civil Action - Law :::w
Defendant
NOTICE TO DEFEND ~' iv
You have been sued in court. If you wish to defend
against the claims set forth in the following pages,
you must take action within twenty (20) days after
the complaint and notice are served, by entering a
written appearance personally or by attorney and
filing in writing with the court your defenses or
objections to the claims set forth against you. You
are warned that if you fail to do so the case may
proceed without you and a judgment may be entered
against you by the court without further notice for
any money claimed in the complaint or for any other
claim or relief requested by Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD
STREET CARLISLE, PA 17013
1-800-990-9108
717-249-3166
AVISO
Le han demandado a usted en la corte. Si usted
quiere defenderse de estas de estas demandas
expuestas an las paginas signientes, usted tiene
veinte (20) dias de plazo al partir de is fecha de la
demanda y is notificacion. Hace falta asentar una
comparencia escrita o en persona o con un abogado
y entregar a la corte en forma escrita sus defensas o
sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, le
corte tomara medidas y puede continuar la demanda
en contra suya sin previo aviso o notificacion.
Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas
las provisioner de esta demanda. Usted puede
perder dinero o sus propiedades u ostros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE, SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICIO. VAYA EN PERSONA
O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD
STREET CARLISLE, PA 17013
1-800-990-9108
717-249-3166
-.pj•
S 'Y y
LOUIS J. CAPOZZI, JR., IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
Docket No.: 12-1166 CIVIL
ALEX KHORRAM, Civil Action - Law
Defendant
COMPLAINT
NOW COMES Plaintiff, Louis J. Capozzi, Jr., by and through his attorneys, Capozzi &
Associates, P.C., and respectfully avers as follows:
1. Plaintiff, Louis J. Capozzi, Jr., (hereafter, "Capozzi"), is an adult individual residing at 1655 Holly
Pike, Carlisle, Cumberland County, Pennsylvania 17015.
2. Defendant, Alex Khorram, (hereafter, "Defendant") is an adult individual residing at 985 Waterloo
Road, Devon, Chester County, Pennsylvania 19333.
3. On or about August 31, 2011, Defendant entered into a Lease Agreement with Capozzi in Cumberland
County regarding the rental of property owned by Capozzi, located at 26 Gurney Street, Cape May,
New Jersey 08204, for the period of September 3, 2011 through September 11, 2011. A copy of the
Lease Agreement is attached hereto and incorporated herein as Exhibit "A".
4. In accordance with the terms of the Lease Agreement, Defendant was to pay the amount of $2,787.50
to Capozzi by August 31, 2011 for the following: (a) rent in the amount of $2,100.00; (b) a damage
deposit in the amount of $500.00; and (c) a cleaning deposit in the amount of $187.50.
5. Despite Defendant's assurances that payment in the amount of $2,787.50 was sent on August 31,
2011, Capozzi received no payment from Defendant, prior to Defendant's occupation of the property
on September 3, 2011.
2
6. Despite the fact that Capozzi did not receive payment from Defendant as promised, Capozzi
nevertheless allowed Defendant to occupy the property for the dates as outlined in the Lease
Agreement.
7. Defendant occupied the property from September 3, 2011 through September 11, 2011.
8. On September 10, 2011, Capozzi advised Defendant that payment had still not been received, and
asked Defendant to mail a new check for the aforementioned amount when Defendant returned home,
to which Defendant confirmed that he would do so. A true and correct copy of an e-mail
correspondence between Capozzi and Defendant dated September 10, 2011 is attached hereto and
incorporated herein as Exhibit "B".
9. Despite Defendant's assurances that full payment pursuant to the Lease Agreement would be made to
Capozzi when Defendant returned home, Defendant ultimately only paid Capozzi a partial payment in
the total amount of $1,050.00.
10. Capozzi later discovered that an antique chair was destroyed during Defendant's stay at the property.
11. Capozzi also later discovered that Defendant did not clean the property, pursuant to the terms of the
Lease Agreement, before vacating the property on September 11, 2011.
12. Defendant has failed to pay the full amount of rent pursuant to the terms of the Lease Agreement
Defendant signed with Capozzi, as well as subsequent costs incurred by Capozzi as a result of
Defendant's stay at Capozzi's property.
COUNT I - BREACH OF CONTRACT
13. Plaintiff hereby incorporates paragraphs 1 through 12 of this Complaint as if set forth at length herein.
14. As more fully described herein, Capozzi and Defendant executed the Lease Agreement attached
hereto as Exhibit "A" (hereinafter "Agreement") providing for the rental of the property located at 26
Gurney Street, Cape May, New Jersey 08204 by Defendant.
3
15. Pursuant to the Lease Agreement, Defendant agreed to pay the amount of $2,787.50 to Capozzi by for
the following: (a) rent in the amount of $2,100.00; (b) a damage deposit in the amount of $500.00;
and (c) a cleaning deposit in the amount of $187.50.
16. Due to the existence of the Lease Agreement, Capozzi is entitled to full compensation for the rental of
the property by Defendant.
17. Capozzi has demanded full payment from Defendant under the terms of the Lease Agreement, but
Defendant has refused and continues to refuse to make full payment in breach of the Lease
Agreement.
18. All payments made by Defendant have been applied to Defendant's account to arrive at the amount
due and owing.
19. Capozzi has been damaged by Defendant's breach of the Lease Agreement, by Defendant's failure to
pay the full amount of rent for Capozzi's property, and by the damage done by Defendant to
Capozzi's property.
20. Capozzi has been damaged by the refusal of Defendant to pay rent regarding the rental of property
owned by Capozzi, and located at 26 Gurney Street, Cape May, New Jersey 08204, for the period of
September 3, 2011 through September 11, 2011, in breach of the Lease Agreement, and for the
subsequent costs incurred by Capozzi as a result of Defendant's stay at Capozzi's property, in the
amount of $2,529.50, as follows:
a) Unpaid rent:
$1,050.00
b) Damage deposit: $ 500.00
c) Cleaning deposit: $ 187.50
d) Destruction of antique chair: $ 175.00
e) Court costs to date: $ 117.00
4
f) Attorney fees to date: $ 500.00.
WHEREFORE, Plaintiff, Louis J. Capozzi, Jr., demands judgment against Defendant in the
amount of $2,529.50, plus interest at the legal rate of 6% per annum and additional costs of collection,
which sum is within the local limit for arbitration.
COUNT II - BREACH OF IMPLIED CONTRACT
21. Capozzi hereby incorporates paragraphs 1 through 20 of this Complaint as if set forth at length herein.
22. At all times relevant hereto, the property was habitable, and was cleaned prior to Defendant's stay at
the property. A true and correct copy of an invoice, dated September 2, 2011, from Imagine That
Home Repair & Remodeling for cleaning the property for Defendant's stay, is attached hereto and
incorporated herein as Exhibit "C".
23. Capozzi's expectation of payment for services is reasonable and Defendant knew that it would be
expected to pay rent as per the terms of Lease Agreement, and Defendant repeatedly assured Capozzi
that full payment would be made.
24. Capozzi has demanded payment from Defendant and Defendant has refused to render full payment
and continues to do so.
25. The facts, as set forth above, establish an implied-in-law and an implied-in-fact contract.
26. Due to the existence of the implied-in-law and implied-in-fact contract, Capozzi is entitled to
compensation for the rent from Defendant, as outlined in the Lease Agreement.
27. All payments made by Defendant have been applied to Defendant's account to arrive at the amount
due and owing.
28. Capozzi has been damaged by the refusal of Defendant to pay rent regarding the rental of property
owned by Capozzi, and located at 26 Gurney Street, Cape May, New Jersey 08204, for the period of
September 3, 2011 through September 11, 2011, in breach of the Lease Agreement, and for
5
subsequent costs incurred by Capozzi as a result of Defendant's stay at Capozzi's property, in the
amount of $2,529.50, as follows:
a) Unpaid rent: $1,050.00
b) Damage deposit: $ 500.00
c) Cleaning deposit: $ 187.50
d) Destruction of antique chair: $ 175.00
e) Court costs to date: $ 117.00
f) Attorney fees to date: $ 500.00.
WHEREFORE, Plaintiff, Louis J. Capozzi, Jr., demands judgment against Defendant in the
amount of $2,529.50, plus interest at the legal rate of 6% per annum and additional costs of collection,
which sum is within the local limit for arbitration.
COUNT III - QUANTUM MERUIT
If this Honorable Court should find that a contract did not exist between Plaintiff and Defendant,
which is denied, then, in that event, Plaintiff pleads the following alternative cause of action in
quantum meruit against the Defendant:
29. Plaintiff hereby incorporates paragraphs 1 through 28 of this Complaint as if set forth at length herein.
30. As more fully described herein, Capozzi's expectation of payment in exchange for Defendant's use of
the property was reasonable.
31. Capozzi, in making the property available and habitable to Defendant, has conferred a substantial
benefit upon Defendant.
32. Defendant retained the benefit of the bargain with Capozzi for the use of the property and has not
conferred a similar benefit in return upon Capozzi; as such, Defendant has been unjustly enriched at
the expense of Capozzi.
6
33. Due to Defendant's unjust enrichment, Capozzi is entitled to proper compensation for the use of the
property by Defendant.
34. Defendant's unjust enrichment at Capozzi's expense has damaged Capozzi.
35. Capozzi has demanded full payment from Defendant, but Defendant has refused and continues to
refuse to make full payment.
36. Capozzi has been damaged by the refusal of Defendant to pay the full amount for the use of, and
damage to, the the property owned by Capozzi and located at 26 Gurney Street, Cape May, New
Jersey 08204, for the period of September 3, 2011 through September 11, 2011, and for the
subsequent costs incurred by Capozzi as a result of Defendant's stay at Capozzi's property, in the
amount of $2,529.50, as follows
a) Unpaid rent: $1,050.00
b) Damage deposit: $ 500.00
c) Cleaning deposit: $ 187.50
d) Destruction of antique chair: $ 175.00
e) Court costs to date: $ 117.00
f) Attorney fees to date: $ 500.00.
7
WHEREFORE, Plaintiff, Louis J. Capozzi, Jr., demands judgment against Defendant in the amount
of $2,529.50, plus interest at the legal rate of 6% per annum and additional costs of collection, which
sum is within the local limit for arbitration.
Date: 0 i
Respectfully submitted,
CAPOZZI AND ASSOCIATES, P.C.
r.
B
Y:
Philip C. holic, Esquire
Attorney I.'10. # 86341
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717) 233-4101
Attorneys for Plaintiff
8
LOUIS J. CAPOZZI, JR.,
Plaintiff
V.
ALEX KHORRAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Docket No.: 12-1166 CIVIL
Civil Action - Law
VERIFICATION
I, Louis J. Capozzi, Jr., do hereby verify that the facts made in the foregoing Complaint are true
and correct to the best of my knowledge, information and belief. I understand that any false statements
therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section
4904, relating to unsworn falsification to authorities.
Date: -A//A
Louis J. Capozzi, Jr.
LEASE AGREEMENT
This AGREEMENT made this &y of August, 2011 betwren: Louis J. Capozzi, Jr. ("OWNER") of
1655 Holly P&r., Carlisle, PA 17015 and Alex Khorram ("TENANT") whose address is 985
Waterloo Rd, Devon, PA 19333 (Street and Mailing Address)
Owner agrees to rant to Tenant premises known as 26 GURNEY STREET, CAPE MAY, NJ 08204
(aka "The Belvidere") including furnishings for the term from 2:00 PM September 3, 2011 to
14-.04AM September 112012 (Sa#trday), for a total of eight (8) days:
for the sum of $2,100.00 payable to Louis J. Capozzi, Jr., on or before Wednesday, August 31,
2011.
A damage deposit in the amours of 5500.00 and a cleaning deposit in the amount of $187.50 payable
to Louis J. Cq=zi, Jr., by separate check is to be forwarded August 31, 2011. Damage and cleaning
deposit will be held by the owner pending Owner's inspection of the premises at the tctminagtioar of this
lease and prior to any new tenants taking possession. Owner agrees to return deposit in full within
seven (7) days from the expiration of this lease or render a proper explanation in writing to Tenant for
any amount deducted from same.
THIS RENTAL INCLUDES dishes, flatware, cooking utensils, glassware, pillows, blankets, all
utilities and bicycles with locks; LINENS, AND TOWELS ARE NOT INCLUDED. Wireless Internet
service is included
TENANTS fiESPONSIBILITTES: TENANT AGREES AS FOLLOWS: To pay the rent as
specified and in the event of a default to forfeit all payments made on account and all rights under
Lease; not to assign this lease nor sublet the premises; not to use or occupy the premises for any
purpose o lrer than a dwelling for no more than 13 gMMM i seludbw children aW aaro mmigk
EXCEEDING THIS LIMIT OR CAUSING OR ALLOWING UNDUE NOISE OR
DISTURBANCE SHALL BE CAUSE FOR IMMEDIATE EVICTION. Tenant also agrees to keep
and maintain in good repair the furniture and fixtures; to leave the property in a dean and orderly
condition; and to abide by all local recycling ordinances to which the Owner must comply. FAILURE
TO COMPLY WITH ANY OF THE ABO'V'E WILL RESULT IN A DEDUCTION FROM THE
TENANT'S DAMAGE AND CLEANING DEPOSIT.
APPLIANCE FAILURE: In the event of failure of any major appliance, the Owner will make every
effort to have the appliance repaired within a reasonable time.
PETS/SMOKING: NO PETS AND OR SMOKING ARE ALLOWED IN OR ON THE RENTAL
PREMISES.
INSPECTION: If Tenant was unable to inspect the premises prior to signing this Lease Ate, all
terms and conditions of this Lease arc to be considered just as binding as if the Tenant had made such
prior inspection. No warranties, expressed or implied, have been made other than those contained in
this Lease.
Page 1
EXHIBIT
Lease Agreement
GA-NCEi:lXriC1I? BY TENANT: In the even, cdcaneeliation of this Lease Ag=ment by i'enant,
PAYMENTS WILL BE REFUNDED ONLY IF ANr)1k`HEN THE PROPER'T'Y is RE-RENTEE}
AT INO WSS TO THE OWNER
IMEGAN'S LAW: Under New 3trsey Law,, the Covwy Prosecutor determint? whcchtr a- how to
provide notice of the presence of convicted sex uffe:tders ill an area. G=pon ieasing a property, the,
Cape May County Prosecutor ma}° t cr nta :twc! ftsr anv infonnatic?n that ; ?av be disselosed to you.
OWNITERRS APPROVAL AND r:CCEiP'f-kNCE: This lease :a subject to the awceptanoe and appro v-a.l
of the Owner. Ry suing Their nernes below, the 0%mer and tin 'ronant acknowledge. their agreement
with avd accepumce e the terms and conditions of this Leue Agreement.
Tenant(sl Date
n
Keys may be picked up of Jersey Crape React-r. lay Washington Street, Cape play, N'J (609) 8$4-5800
between 10:00 am and 6.00 pm, please ca!' 7 3 7-975-7:05 to arrange a convenient: time fnr key pick-up.
Page 2
Lou Ca =1
Re: Lease €or 26 Guemey ST
From: Alex Pooyan Khorram [khorramadigsearch.com]
To: Lou Capozzi
Cc: Karen Fisher
Wte: Sat, Sep 10, 2011 10:47 AM ET
Wit[ do
On Sep 10, 2011, at 14:04 AM, "Lou Capozzi" < > wrote:
Alex: sttfi no check. Mail to me when you get home, minus the security deposit, There is info on the
fridge on deaning companies. Thanks. Enjoy the beach the next 2 days.
Louis J. Capozzi, Esq.
Capozzi & Associates, P.C.
2933 North Front Street
Harrisburg, PA 17110
(717) 233.4101
Fax (717) 233-4103
From: Karen Fisher
Semt: Tuesday, August 30, 201105:49 PM
To: WxxmmGdias=rdL=m <
Cc: Lou Capoal
Subject: Lease for 26 Guemey ST
Please find attached the lease for the rental of 26 Guerney Street
Please contact us if you have any questions. Thank you for your interest
Karen F. Fisher, Paralegal
Capon! & Associates, P.C.
2933 North Front Street
Harrisburg, PA 17110
P: 717.233.4101
F: 717.233.4103
E IBIT
hft.-//.gmhive/Web-UI/ArebiveSe . x?DISPLAY review&VIEW... 9130/2011
Imagine That Home Repair & Remodeling
1261 Illinois Ave.
Cape May, NJ. 08204
609-972-4883 215-872-5735
NJ Lic# 13VH02959600
Bill To
Lou Capoai
26 Gum y st.
Cape May, NJ. 08204
Invoice
Date Invoice #
9/2/2011 619
Descpipbon Amount
This invoice is for cleaning the house and property for tenants, after the painters leR
labor to clean 4:00-6:30 PM 2 men 150.00
Respectfully submitted, 00
l $150
T
t
Bob Grabenstetter .
o
a
EXHIBIT
11 C- I
LOUIS J. CAPOZZI, JR.,
Plaintiff
V.
ALEX KHORRAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: 12-1166 CIVIL
Civil Action - Law
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on the 14`h day of March, 2012, I served a true and correct
copy of the foregoing Complaint upon Defendant, by First Class Mail, Postage Pre-Paid, addressed as
follows:
Alex Khorram
985 Waterloo Road
Devon, PA 19333
Date: ?Z/ By:
Respectfully submitted,
CAPOZZI & ASSOCIATES, P.C.
Philip C. arholic, Esquire
Attorney . No. 86341
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717) 233-4101
Attorneys for Plaintiff
w
LOUIS J. CAPOZZI, JR. In the Court of Common Pleas of Cumberlui?A,
'.,
r--?,
ma?yyr. f
ILA r"+ ' ?.9
?'? e?
Pennsylvania
Plaintiff a-cC-)'a
V Docket No.: 12-1166 CIVIL
ALEX KHORRAM Civil Action - Law
Defendant
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
I, Alex Khorram, the Defendant, object to the Complaint filed by the Plaintiff, asks that the Complaint be
stricken or dismissed.
1. Plaintiff has brought claim for breach of contract regarding a Lease Agreement for a rental
property located at 26 Gurney Street, Cape May, New Jersey 08204. A true and correct copy of
the Lease Agreement is attached and made a part hereof as Exhibit "A".
PRELIMINARY OBJECTION FAILURE TO CONFORM TO PA.R.C.P1019(1)
2. Plaintiff has failed to attach the true and correct copy of the Lease Agreement with Mr.
Khorram. The Lease Agreement included in the Complaint was not signed by Mr. Khorram. Mr.
Khorram signed Exhibit A, and subsequently sent Mr. Capozzi the agreed to amount of money to
the 1600 Holly Pike Address as stated on the Lease. Mr. Capozzi later confirmed that indeed the
mailing address on his Lease Agreement was not accurate and that 1655 Holly Pike is his correct
address, see attached Exhibit B.
The reason M Mr. Capozzi did not receive his check by Sep.10, which is the date of his email to
me (Exhibit B of the Complaint) is because the checks he did not provide the accurate mailing
address.
The doctored Lease Agreement knojwingly submitted by Mr. Capozzi Jr. has the "updated"
address of 1655 Holly Pike, and a copy of Mr. Khorram's signature from the true and correct
Lease Agreement.
3. Pennsylvania Rule of Civil Procedure 1019(i) requires:
"When a claim or defense is based upon writing, the pleader shall attach a copy of the writing,
or the material part thereof..."
4. The Lease Agreement is an essential part of the suit brought by the Plaintiff, and must be
attached as exhibits to the Complaint under Pa.R.C.P. 1019. See Rosenthal v. Fairy Mills, Inc., 18
Pa. D. &C. 3rd 364 (1981).
5. Plaintiff's Complaint violates Pa.R.CP. §1019(i) and Pa.R.C.P. §1028(a)(2) in that the Complaint is
based upon a Lease Agreement and, this document is not attached to the Complaint. Id.
6. Accordingly, plaintiffs Complaint should be dismissed for failure to attach a true and accurate
copy of the Lease Agreement. See Atlantic Credit and Finance, Inc. v. Giulana, 2003 Pa. Super.
259, 829 A.2d 340 (2003).
WHEREFORE, Defendant asks that the Plaintiff's Complaint be dismissed.
PRELIMINARY OBJECTION -VIOLATION OF PA.R.C: 1006
7. Plaintiff has failed to comply with Rule 1006(a)(1) that requires:
(a) Except as otherwise provided by subdivisions (a.1), (b) and (c) of this rule, an action against
an individual may be brought in and only in 'a county in which
(1) the individual may be served or in which the cause of action arose or where a transaction or
occurrence took place out of which the cause of action arose or in any other county authorized by law,
or
8. The Plaintiff has filed a Complaint regarding a transaction over a rental property that is located
in Cape May County, NJ. The Lease Agreement signed by the Defendant was signed in
Philadelphia County, PA on 8/31/11. The Plaintiff did not sign the true and accurate Lease
Agreement. The Plaintiff signed another Lease Agreement twenty-one days after the true Lease
Agreement was signed and sent to the Plaintiff.
9. Therefore, no transaction and no occurrence took place in Cumberland County, PA.
10. The Defendant has no place of residence in Cumberland County, PA or conducts any type of
business in Cumberland County, PA,
11. The Defendant was not served in Cumberland County, PA.
12. Accordingly, plaintiffs Complaint should be dismissed for failure to provide any material
evidence identifying that an action or occurrence took place in Cumberland County, PA.
WHEREFORE, Defendant asks that the Plaintiff's Complaint be dismissed.
Rsubmitted,
Alex Khorram
Defendant
985 Waterloo Rd.
Devon, PA 19333
(610-220-4750)
Date: 5 (? _
LEASE AGREEMENT
This AGREEMENT made this day of August. 2011 between: Louis J. Caporri..lr. ("OWNf R") of
1600 Holly Pike. Carlisle. PA 17015 and Alex Khorram ("'FEN ANT-") whose address is 085
Waterloo Rd.. Devon. PA 19333 (Street and Mailing Address)
Otrner agrees to rent to "Tenant premises known as 26 GURNEY STRFET. CAPI` MAY. NJ 08204
(aka - the Belvidere') including furnishings for the term from 2:00 PM September 3, 2011 to
10:00AM September 11, 2012 (Sunday). for a total of seven (8)days:
for the sum of $2.100.00 payable to Louis J. Capo ri..Ir.. on Wednesday. August 3l. 2011.
A damage deposit in the amount of $500.00 and a cleaning deposit in the amount of $197.50 payable
to Louis J. Caporzi. Jr.. by separate check is to be forwarded August ;1.21)1 1. Damage and cleaning
deposit will be held by the owner pending. Owner's inspection of the premises at the termination ofthis
lease and prior to anv new tenants taking possession. Owner agrees to return deposit in full within
semen (7> days from the expiration of this lease or render a proper explanation in k\ riting to "1 errant for
anN ainiount deducted from same.
I I II5 RENTAL INCLI'DI:S dishes, flatware. cooking utensils. glassware. pillows. blankets. it] I
futilities and bicycles with locks: LINENS. AND TOWELS ARI. NO"T` INCI.UD D. Wireless Internet
service: is included.
I FNANTS R1 SPONSIBILI TII;S: 14 NANT AGREES AS f'OLLOWS: Jo pay the rent as
specified and in the event of a default to forfeit all payments made on account and all rights under
Lcilse: not to assign this lease nor sublet the premises: not to use or occupy the premises for any
purpose other than a dwelling for no more than 13-pet.-sons, including children and any overnight
u? ests. EhCEE'DING THIS LIMIT OR CAUSING OR ALLOWING UNDUE NOISE OR
DIS (TRBAN(T SHALL FIF" CAUSE I`OR IMMEDIATE EVICTION. Tenant also agrees to keep
and maintain in good repair the furniture and fixtures: to leave the property in a dean and orderly
.
condition. and to abide by all local recycling ordinances to which the OtiNner must comply. T`All L.JR[:
10 COMPLY WITI I ANY 01' THE ABOVI NVII:I. RESLII.] IN A DI:DI C TION I-ROM T14f;
FL-N ANT'S DAMAGE AtiD C I.1;r1NING DI:POSH
APPI IANCI I?'AILURI : In the event of failure of an\ major appliance. the Owner will make every
effort to have the appliance repaired within a reasonable time,
ITTS SMOKING: No l'VITS AND OR SMOKING ARE ALLOWED IN OR ON 'fill: RI'-NTAL
l'lZFAIISl S.
INS111.CTION: IfTenant was unable to inspect the premises prior to Signing this Lease Agreement, all
tcrrns and conditions ofthis Lease are to be considered just as binding as if the Tenant had made such
prior inspection. No warranties. expressed or implied- have been made other than those contained in
this I:easc.
Page t
Lease Agreement
CANCELLATION BY TENANT: In the event of cancellation of this Lease :agreement by Tenant.
PAYMENTS WILL BE REFUNDED ONLY 11 ND WHEN -1-1 E: PROPERTY I5 RE-R' FIN,E.D
ATNO LOSS TO TEIE OWti} R
k1l'OAN'S LAW: t nder Nexv Jersey Lak . the Count% Prosecutor determines whether and h«,.z to
pro\ ide notice; of the presence of convicted sex offenders in an area. I pon leasing a property. the
Cape May County Prosecutor may be contacted for any information that may be disclosed to Vou.
OWNERS APPROVAL AND ACC ,"P A.NCII'his lease is subject to the acceptance and approval
crftlle Ovvner. By signing their names belo\A. the (.)\ ner and the Fenant ackno«vledge their agreement
kk ith and acceptance of the terms and conditions of this Lease A!,jeement.
Alex Khorram Tenant(s) Date
t..ouis J. Lapozzi, Jr. -- Owner Date
Ke\ s ntav be picked up at Jersey Cape Realty. 7' )9 !Washington Street. Cape May. NJ (609) 884-5800
bemeen 10:00 am and 6:00 pm. please call 717-979-720" to arrange a convenient time for kev pickup.
Page 2
------ ---- Forwarded message ----------
From: Lou Capozzi <LouC@capozziassociates.com>
Date: Sat, Sep 3, 2011 at 3:22 PM
Subject: Re: 26 Guerney
To: khorram@cliqsearch.com
No. Let's wait a little. Maybe it will come Tuesday.
Louis J. Capozzi, Esq.
Capozzi & Associates, P.C.
2933 North Front Street
Harrisburg, PA 17110
(717) 233-4101
Fax (717) 233-4103
www.cai2ozziassociates.com
----- Original Message -----
From: Alex Pooyan Khorram [mailto:khorram@cliqsearch.com]
Sent: Saturday, September 03, 2011 03:18 PM
To: Lou Capozzi
Subject: Re: 26 Guerney
The lease that was sent has 1600 Holly Pike as your address. Do you want me to resend the
checks and place a stop on them?
On Sep 3, 2011, at 2:01 PM, "Lou Capozzi" <Lou C@CapozziAssociates. com> wrote:
> 1655 Holly Pike is my address.
> Louis J. Capozzi, Esq.
> Capozzi & Associates, P.C.
> 2933 North Front Street
> Harrisburg, PA 17110
> (717) 233-4101
> Fax (717) 233-4103
> www.capozziassociates.com
> ----- Original Message ----
> From: Alex Pooyan Khorram [mailto:khorram@cligsearch.com]
> Sent: Saturday, September 03, 2011 01:57 PM
> To: Lou Capozzi
> Subject: Re: 26 Guerney
> 1600 Holly Pike.
> On Sep 3, 2011, at 1:16 PM, "Lou Capozzi" <LouC@CapozziAssociates.com> wrote:
>> Checked today's mail. No check. What address did you send it to?
>> Louis J. Capozzi, Esq.
>> Capozzi & Associates, P.C.
?h,b+ B
>> 2933 North Front Street
>> Harrisburg, PA 17110
>> (717) 233-4101
>> Fax (717) 233-4103
>> www.cagozziassociates.com
>> ----- Original Message -----
>> From: Alex Pooyan Khorram [mailto:khorram@cliqsearch.com]
>> Sent: Saturday, September 03, 2011 11:56 AM
>> To: Lou Capozzi
>> Subject: Re: 26 Guerney
>> Thanks
>> On Sep 3, 2011, at 11:17 AM, "Lou Capozzi" <LouC@CapozziAssociates.com> wrote:
>>> Just go to house and get keys from Jersey Cape. I will let you know when the checks
arrive. Enjoy the house and beach.
>>> Louis J. Capozzi, Esq.
>>> Capozzi & Associates, P.C.
>>> 2933 North Front Street
>>> Harrisburg, PA 17110
>>> (717) 233-4101
>>> Fax (717) 233-4103
>>> www.ca12ozziassociates.com
>>> ----- Original Message -----
>>> From: Alex Pooyan Khorram [mailto:khorram@cligsearch.com]
>>> Sent: Saturday, September 03, 2011 11:00 AM
>>> To: Lou Capozzi
>>> Subject: Re: 26 Guerney
>>> You told me hours after I signed and sent it. What do you want me to do?
>>> On Sep 3, 2011, at 10:53 AM, "Lou Capozzi" <LouC@CapozziAssociates.com> wrote:
»» Still no check. I told you to overnight it.
»» Louis J. Capozzi, Esq.
»» Capozzi & Associates, P.C.
»» 2933 North Front Street
»» Harrisburg, PA 17110
»» (717) 233-4101
»» Fax (717) 233-4103
»» www.capozziassociates.com
»» ----- Original Message -----
»» From: Alex Pooyan Khorram [mailto:khorram@cligsearch.com]
»» Sent: Saturday, September 03, 2011 10:08 AM
>>>> To: Lou Capozzi
»» Subject: 26 Guerney
»» Lou, I just called 717-979-7205 and left a message for you about confirming receipt of the
check. Two checks and the lease were sent after we spoke on Wed. via first class mail, to your
Carlisle address.
»» You should have it by today, but call me if you want to handle payment another way. I'm
at 610-220-4750.
»» Thx
LOUIS J. CAPOZZI, JR. : In the Court of Common Pleas of Cumberland County,
Pennsylvania
Plaintiff
V : Docket No.: 12-1166 CIVIL
ALEX KHORRAM : Civil Action -Law
Defendant
Verification
I, Alex Khorram, do hereby verify that the facts made in the foregoing Preliminary Objections are true
and correct to the best of my knowledge, information, and belief. I understand that any false
statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated
Statues Section 4904. Relating to unsworn falsification to authorities.
Date: - 151 1Z
4--
Alex Khorram
LOUIS J. CAPOZZI, JR. : In the Court of Common Pleas of Cumberland County,
Pennsylvania
Plaintiff
V : Docket No.: 12-1166 CIVIL
ALEX KHORRAM : Civil Action -Law
Defendant
Certificate of Service
The undersigned does hereby certify that on the AMW Sth day of April, 2012, 1 served a true and
correct copy of the foregoing Preliminary Objections upon Plaintiff and his Attorney by First Class Mail,
Postage Pre-Paid, addressed as follows:
Louis J. Capozzi, Jr. 1655 Holly Pike, Carlisle, PA 17105
Philip C. Warholic, Esquire, Attorney ID No. 86341, 1200 Camp Hill Bypass, Suite 205, Camp Hill, PA
17011
Date: .51
-4::
Alex Khorram
LOUIS J. CAPOZZI, JR.,
V.
ALEX KHORRAM,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: 12-1166 Civil c.-,
c C=> -TI
zc -•c r-
-v
Civil Action - Law cnr F,.
r-
X-r
PLAINTIFF'S RESPONSE TO C a
- 5E
DEFENDANT'S PRELIMINARY OBJECTIONS C?
5; 0
TO COMPLAINT c r r'
-1 C n
AND NOW, comes Plaintiff, Louis J. Capozzi, Jr. ("Capozzi"), by and
through his attorneys, Capozzi & Associates, P.C., and files the following
Response to Defendant's Preliminary Objections as stated herein:
1. Denied. The allegations contained in Paragraph 1 of Defendant's
Preliminary Objections are conclusions of law to which no response is required.
To the extent that Capozzi is required to answer, Capozzi specifically denies the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, Capozzi's Complaint and any exhibits attached thereto are
written documents which speak for themselves. Further, Defendant's Preliminary
Objections and any documents attached thereto are written documents which speak
for themselves.
2. Denied. The allegations contained in Paragraph 2 of Defendant's
Preliminary Objections are conclusions of law to which no response is required.
To the extent that Capozzi is required to answer, Capozzi specifically denies the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, the Lease Agreement attached to Capozzi's Complaint clearly
sets forth the amount Defendant agreed to pay Capozzi for the rental of property
owned by Capozzi, but as of the date of the within Response to Preliminary
Objections, Defendant has still failed to compensate Capozzi for full amount of the
agreed upon price for the rental of the property, as described in the
aforementioned Complaint.
3. Conclusion of law, no response required. To the extent that a
response is required, Pa.R.C.P. 1019(1) speaks for itself
4. Denied. The allegations contained in Paragraph 4 of Defendant's
Preliminary Objections are conclusions of law to which no response is required.
To the extent that Capozzi is required to answer, Capozzi specifically denies the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, the Lease Agreement attached to Capozzi's Complaint clearly
sets forth the amount Defendant agreed to pay Capozzi for the rental of property
owned by Capozzi, but as of the date of the within Response to Preliminary
Objections, Defendant has still failed to compensate Capozzi for full amount of the
agreed upon price for the rental of the property, as described in the
aforementioned Complaint.
5. Denied. The allegations contained in Paragraph 5 of Defendant's
Preliminary Objections are conclusions of law to which no response is required.
To the extent that Capozzi is required to answer, Capozzi specifically denies the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, the Lease Agreement attached to Capozzi's Complaint clearly
sets forth the amount Defendant agreed to pay Capozzi for the rental of property
owned by Capozzi, but as of the date of the within Response to Preliminary
Objections, Defendant has still failed to compensate Capozzi for full amount of the
agreed upon price for the rental of the property, as described in the
aforementioned Complaint.
6. Denied. The allegations contained in Paragraph 6 of Defendant's
Preliminary Objections are conclusions of law to which no response is required.
To the extent that Capozzi is required to answer, Capozzi specifically denies the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, the Lease Agreement attached to Capozzi's Complaint clearly
sets forth the amount Defendant agreed to pay Capozzi for the rental of property
owned by Capozzi, but as of the date of the within Response to Preliminary
Objections, Defendant has still failed to compensate Capozzi for full amount of the
agreed upon price for the rental of the property, as described in the
aforementioned Complaint.
WHEREFORE, Capozzi respectfully requests that this Honorable Court
dismiss Defendant's Preliminary Objections with prejudice, and deny the relief
requested therein, or in the alternative, grant Capozzi the opportunity to file an
Amended Complaint with the Court.
7. Conclusion of law, no response required. To the extent that a
response is required, Pa.R.C.P. 1006(a)(1) speaks for itself. By way of further
response, Defendant's allegations in Paragraph 7 of the Preliminary Objections is
denied as the within cause of action was appropriately initiated in Cumberland
County, as Cumberland County is where the Lease Agreement originated, where
the Lease Agreement was ultimately executed by Capozzi after execution by
Defendant and became contractually binding, and is therefore, where the cause of
action arose.
8. Denied. The allegations contained in Paragraph 8 of Defendant's
Preliminary Objections are conclusions of law to which no response is required.
To the extent that Capozzi is required to answer, Capozzi specifically denies the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, Capozzi's Complaint and any exhibits attached thereto are
written documents which speak for themselves. Further, the within cause of action
was appropriately initiated in Cumberland County, as Cumberland County is
where the Lease Agreement originated, where the Lease Agreement was ultimately
executed by Capozzi after execution by Defendant and became contractually
binding, and is therefore, where the cause of action arose.
9. Denied. The allegations contained in Paragraph 9 of Defendant's
Preliminary Objections are conclusions of law to which no response is required.
To the extent that Capozzi is required to answer, Capozzi specifically denies the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, the within cause of action was appropriately initiated in
Cumberland County, as Cumberland County is where the Lease Agreement
originated, where the Lease Agreement was ultimately executed by Capozzi after
execution by Defendant and became contractually binding, and is therefore, where
the cause of action arose.
10. Denied. By way of further response, Capozzi is without sufficient
information or knowledge to form a belief as to the truth or veracity of the
allegations in this paragraph. Therefore, the same is denied and strict proof is
demanded at trial. By way of further response, the within cause of action was
appropriately initiated in Cumberland County, as Cumberland County is where the
Lease Agreement originated, where the Lease Agreement was ultimately executed
by Capozzi after execution by Defendant and became contractually binding, and is
therefore, where the cause of action arose.
11. Admitted in part and denied in part. It is admitted that Defendant
was not served in Cumberland County as the Complaint was served upon
Defendant at his place of residence. By way of further response, the remainder of
the allegations contained in Paragraph 11 of Defendant's Preliminary Objections
are conclusions of law to which no response is required. To the extent that
Capozzi is required to answer, Capozzi specifically denies the remainder of the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, the within cause of action was appropriately initiated in
Cumberland County, as Cumberland County is where the Lease Agreement
originated, where the Lease Agreement was ultimately executed by Capozzi after
execution by Defendant and became contractually binding, and is therefore, where
the cause of action arose.
12. Denied. The allegations contained in Paragraph 12 of Defendant's
Preliminary Objections are conclusions of law to which no response is required.
To the extent that Capozzi is required to answer, Capozzi specifically denies the
allegations contained in this paragraph and demands strict proof thereof. By way
of further response, the within cause of action was appropriately initiated in
Cumberland County, as Cumberland County is where the Lease Agreement
originated, where the Lease Agreement was ultimately executed by Capozzi after
execution by Defendant and became contractually binding, and is therefore, where
the cause of action arose.
WHEREFORE, Capozzi respectfully requests that this Honorable Court
dismiss Defendant's Preliminary Objections with prejudice, and deny the relief
requested therein, or in the alternative, grant Capozzi the opportunity to file an
Amended Complaint with the Court.
Respectfully submitted,
& ASSOCJATES, P.C.
Date: 5-1t ,? By:
Phili? C. holic, Esquire
Attorney I. No. 86341
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717) 233-4101
Attorneys for Plaintiff
VERIFICATION
I, Louis J. Capozzi, Jr., do hereby verify that the facts made in the
foregoing Response to Preliminary Objections are true and correct to the best of
my knowledge, information and belief. I understand that any false statements
therein are subject to the penalties contained in Title 18 of the Pennsylvania
Consolidated Statutes Section 4904, relating to unsworn falsification to authorities.
Date: ? \?`
Louis J. Capozzi, Jr.
LOUIS J. CAPOZZI, JR.,
Plaintiff
V.
ALEX KHORRAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: 12-1166 Civil
Civil Action - Law
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of the
Response to Preliminary Objections was served upon Defendant, by Regular Mail,
Postage Pre-Paid, on this 1St day of May, 2012:
Alex Khorram
985 Waterloo Road
Devon, PA 19333
Respectfully submitted,
CAPOZZI & ASSOCIATES, P.C. .
i G
Date: / By:
Philip 4ar olic, Esquire
Attorney I.D. o. 86341
1200 Camp Hill Bypass, Suite 205
Camp Hill, PA 17011
(717) 233-4101
Attorneys for Plaintiff
40 LOUIS J. CAPOZZI, JR.
Plaintiff
V
ALEX KHORRAM
Defendant
Request for Admission No. 1
RESPONSE FOR ADMISSIONS OF PLAINTIFF DIRECTED TO DEFENDANT
t
C:- a
You entered into an agreement with Capozzi regarding the rental of Capozzi's property at 26 Gurney Street, Cape
May, NJ 08204, from September 3, 2011 to September 11, 2011 for the rental amount of $2,100.00.
Admitted
•
Interrogatory No. 1
In the Court of Common Pleas of Cumberland County,
Pennsylvania
Docket No.: 12-1166 CIVIL
Civil Action - Law
Denied X
If the response to Request for Admission Number 1 is anything but an unqualified admission, kindly state or
identify the following:
(a) Each and every fact upon which you rely in support of the denial:
(b) The identify of each and every person who has knowledge of any of the facts upon which you rely;
and
(c) Each document which you rely to prove such contention/denial.
E
ANSWER:
A lease agreement was NOT executed by the parties.
Request for Production No. 1
Kindly provide a copy of each document upon which you rely to prove such contention/denial.
ANSWER:
The document marked Exhibit B is the Lease Agreement.
1
Request for Admission No. 3
Even though Capozzi did not receive full payment prior to September 3, 2011, Capozzi allowed you to occupy the
property from September 3, 2011 to September 11, 2011
Admitted Denied X.
Interrogatory No. 3
If the response to Request for Admission Number 3 is anything but an unqualified admission, kindly state or
identify the following:
(a) Each and every fact upon which you rely in support of the denial:
(b) The identify of each and every person who has knowledge of any of the facts upon which you rely;
and
(c) Each document which you rely to prove such contention/denial.
ANSWER:
Two checks for the sum of $2,787.50 were sent to Mr. Capozzi to the address he had listed on the Lease
Agreement prior to September 3, 2011. Mr.Capozzi provided the wrong address on the lease, at which point I had
to spend $50.00 to cancel the checks.
Request for Production No. 3
Kindly provide a copy of each document upon which you rely to prove such contention/denial.
ANSWER:
Attached as Exhibit C are the two stop payment cancellations from my bank I paid for since Mr. Capozzi provided
the incorrect address on his own Lease Agreement.
•
3
Request for Admission No. 5
You represented to Capozzi that you would forward a check for the full amount owed under the Lease Agreement
to Capozzi once you returned home on September 11, 2011.
Admitted Denied X
Interrogatory No. 5
If the response to Request for Admission Number 4 is anything but an unqualified admission, kindly state or
identify the following:
(a) Each and every fact upon which you rely in support of the denial:
(b) The identify of each and every person who has knowledge of any of the facts upon which you rely;
and
(c) Each document which you rely to prove such contention/denial.
ANSWER:
A lease agreement was NOT executed by the parties.
Mr. Capozzi had affirmatively represented and warranted that the property had "No Lead Paint" via an email to me
on September 8, 2011 and "as promised" to me, as documented on his email to me on September 17, 2011, was to
provide proof that the property was lead-free.
Request for Production No. 5
Kindly provide a copy of each document upon which you rely to prove such contention/denial.
ANSWER:
Exhibit D is the email from Mr. Capozzi to me on September 8, 2011. Exhibit E is the email from Mr. Capozzi on
September 8, 2011.
•
5
Request for Admission No. 6
You ultimately only paid the amount of $1,050.00 to Capozzi for the rental of Capozzi's property.
X Admitted Denied
Interrogatory No. 6
If the response to Request for Admission Number 6 is anything but an unqualified admission, kindly state or
identify the following:
(a) Each and every fact upon which you rely in support of the denial:
(b) The identify of each and every person who has knowledge of any of the facts upon which you rely;
and
(c) Each document which you rely to prove such contention/denial.
•
E
ANSWER:
Request for Production No. 6
Kindly provide a copy of each document upon which you rely to prove such contention/denial.
ANSWER:
6
• Request for Admission No. 7
As of the date of your response to the within discovery, you have failed to pay Capozzi the full amount of rent
pursuant to the terms of the Lease Agreement you signed, as well as the subsequent costs incurred by Capozzi as a
result of your stay at Capozzi's property and in Capozzi's attempts to collect the total balance due and owing from
you.
Admitted Denied X
Interrogatory No. 7
If the response to Request for Admission Number 7 is anything but an unqualified admission, kindly state or
identify the following:
(a) Each and every fact upon which you rely in support of the denial:
(b) The identify of each and every person who has knowledge of any of the facts upon which you rely;
and
(c) Each document which you rely to prove such contention/denial.
•
ANSWER:
A lease agreement was NOT executed by the parties.
Request for Production No. 7
Kindly provide a copy of each document upon which you rely to prove such contention/denial.
The document marked Exhibit B is the Lease Agreement.
•
7
• Request for Admission No. 8
By using the rental property for the entire time period of September 3, 2011 through September 11, 2011 and not
paying the full amount of what you agreed to pay for the rental property, you have been unjustly enriched at the
expense of Capozzi.
Admitted Denied X
Interrogatory No. 8
If the response to Request for Admission Number 8 is anything but an unqualified admission, kindly state or
identify the following:
(a) Each and every fact upon which you rely in support of the denial:
(b) The identify of each and every person who has knowledge of any of the facts upon which you rely;
and
(c) Each document which you rely to prove such contention/denial.
0 ANSWER:
Because of the unsafe, illegal, hazardous, and unclean conditions at the property, my family was only able to safely
occupy 500 of the house. Therefore, I was not unjustly enriched since I have paid Mr. Capozzi 50% of the rental
amount.
If I had known that Mr. Capozzi had misrepresented that the property was "lead-free" during the time of our stay,
then I would have vacated the property immediately.
Request for Production No. 8
Kindly provide a copy of each document upon which you rely to prove such contention/denial.
ANSWER:
Attached are several photos (Exhibit F) I took to document the conditions at the property and a Code Violation
issued by the City of Cape May (Exhibit A) because of the conditions of the house that existed during our stay.
•
8
• Request for Admission No. 9
Capozzi has provided sufficient information and documentation to you as proof that there is/was no lead based
paint in the property.
Admitted Denied X
Interrogatory No. 9
If the response to Request for Admission Number 8 is anything but an unqualified admission, kindly state or
identify the following:
(a) Each and every fact upon which you rely in support of the denial:
(b) The identify of each and every person who has knowledge of any of the facts upon which you rely;
and
(c) Each document which you rely to prove such contention/denial.
0 ANSWER:
No lead-free certificate was provided or registered with New Jersey Lead Safe Housing Registry.
Request for Production No. 9
Kindly provide a copy of each document upon which you rely to prove such contention/denial.
E
9
LOUIS J. CAPOZZI, JR. In the Court of Common Pleas of Cumberland County,
Pennsylvania
Plaintiff
V Docket No.: 12-1166 CIVIL
ALEX KHORRAM Civil Action -Law
Defendant
Verification
11
I, Alex Khorram, do hereby verify that the facts made in the attached Admissions are true and correct to
the best of my knowledge, information, and belief. I understand that any false statements therein are
subject to penalties contained in Title 18 of the Pennsylvania Consolidated Statues Section 4904, relating
to unsworn falsification to authorities.
Date.
Alex Khorram
0
CITY OF CAPE MAY
643 Washington Street • Cape May, NJ 08204
_ (609) 884-954'
OFFICE OF CODE ENFORCEMENT
?- Inspections & Investigations
VIOLATION NOTICE
fig
Ado,
Notice is he e y given ha the undersigned has
identified a violation of:
04 City of Cape May ordinance # %) ;? -,Ao p j'
Section
{ } New Jersey Statute #
Date Violation Noted:
Name Of Violator:,
Property Owners:
Address of Violation:
Nature of Complaint:
Action Required:
Time Given to Comply:
Date:
Code Enforcement Officer
C} Copy of Ordinance Enclosed
{ } Copy of N.J. Statute Enclosed
?q
LEASE AGREEMENT
This AGREEMENT made this day of August. 2011 between: Louis J. Capozzi. Jr. ("OWNF..R") of
1600 Holly Pike. Carlisle. PA 1701.5 and Alex Khorram ("T ENANT")whose address is 985
Waterloo Rd.. Devon. PA 19;33 (Street and \%lailing Address)
Ox ner agrees to rent to Tenant premises known as 26 GURNEY STREI=T. CAPE NI Y. NJ 08204
(aka -The Belvidere-) including furnishings for the term from 2:00 PM September 3, 2011 to
10:OOAM September 11, 2012 (Sunday), for a total of seven (8)davs:
for the sum of $2.100.00 payable to Louis .1. Capozzi. Jr.. on Wednesday. August 31. ?01 1.
A damage deposit in the amount of $500.00 and a cleaning deposit in the amount of $187.50 payable
to Louis J. Capozzi, Jr., by separate check is to be forwarded August 3 L 20 1. Damage and cleaning
deposit will be held by the owner pending Ow'ner's inspection of the premises at the termination of this
lease and prior to any new tenants taking possession. Owner agrees to return deposit in full within
seven (7) days from the expiration ofthis lease or render a proper explanation in rvritine to Tenant for
an\ amount deducted from game.
['I I IS RENTAL, INCI:t iD1 S dishes. flatware. cooking utensils, glassware, pillows, blankets. all
utilities and bicycles with locks: I_INfHNS AND TOWELS ARE NO T INt:`H" DF.D. Wireless internet
service is included.
II'VANTS RESPONSIBILITIES: TENANT AGREES AS 1-'OLLOWS: To pa} the rent as
speci tied and in the event of a default to forfeit all payments made on account and all rights under
Lease. not to assign this lease nor sublet the premises: not to use or occupy the premises for any
purpose other than a dwelling for no more than 13 ersans including children and any overnight
nests. EXCEEDING THIS LIMIT OR CAUSING OR ALLOWING UNDUE NOIS1: OR
DISTIxRBANCE SHALL 131 CAUSE FOR IMMEDIAI F EVICTION. Tenant also agrees to keep
and maintain in good repair the furniture and fixtures. to leave the property in a dean and orderly
condition. and to abide by all local recycling ordinances to which the Owner mast comply. FAIL UIRf
TO COMPLY WITH ANY Oh TIII ABOVI? WILL RESULT IN A Dl:-DUCI'ION FROM THE
I FNANT" S DA.MAGL' :=AND CLEANING D1 POSI.I
APPLIANCE FAILURE: In the event of failure of any major appliance. the Owner will make every
effort to have the appliance repaired within a reasonable time. `
PI TSiSMOKING: No I T"S AND OR SMOKING ARE ALLOWED IN OR ON THE RENTAL
PRI-MISES.
INSPECTION: IfTenant was unable to inspect the premises prior to signing this Lease Agreement, all
terms and conditions of this Lease are to be considered _j ust as binding as if the Tenant had made such
prior inspection. No warranties. expressed or implied. have been made other than those contained in
this Lease.
Page t
Lease Agreement
CANCELLATION BY TENANT: In the event of cancellation of this Lease Agreement by Tenant,
PAYMENT'S WILL BE REFUNDED ONLY IF AND WHEN "I'1IE PROPERTY IS RE-R-ENTER
AT NO LOSS TO T14E OWNER
MEGAN'S Lf'1`t : Under New Jersey Law, the County Prosecutor determines whether and holy to
provide notice of the presence of convicted sex offenders in an area. Upon leasing a property. the
Cape May County Prosecutor may be contacted for any information that may be disclosed to you.
OWNERS APPROVAL AND AC'CEPTAN'CE: This lease is Subject to the acceptance and approval
of the Owner. By signing their names below. the Owner and the l'enant acknowledge their ag
reement
m,ith and acceptance of the terms and conditions ofthis Lease Agreement.
1ex khorram'.,- Tenant(s) Date
Louis J. Capozzi, Jr. - Owner Date
Keys may be picked up at Jersey Cape Realty, 7i9 Washington Street. C ,ape May. NJ (609) 884-5800
between 10:00 am and 6:00 pm. please call 717-979-7205 to arrange a convenient time for keN pickup.
Page 2
h
ED Bank
AmerkaY ~ CoftW "i sank° ?`
I CONFIRMATION OF STOP PAYMENT ORDER I
To TO Bank, N.A. (The "Bank"):
Indicate Check or ACH: Check
Customer Name: ALI KHORRAM
Expiration Date: 09/11/2012
Account No.: 0342102308
Address: 985 WATERLOO ROAD
DEVON. PA 19333
Home Phone No.: _(215) 359.9511 Work Phone No.:
Check No.: 280 If range, enter 'To" Number: Date on Check:
Payable to: LOU CAPOZZI
Amount:
08/31/2011
$687.50
Stop Resson: Lost
Duplicate Check Issued? (YIN) No If "Yes", indicate check number: NIA
Charge Account No.: 342102308 Fee: $ 25.00
0 Check if fee waived: indicate reason below:
Your Stop Payment Order is accepted subject to the condition that the check or ACH debit has not already
been paid or is not in process for payment and that the Bank will have a reasonable opportunity to act on your
Order before any such processing. This Confirmation is our record of your Stop Payment Order and
represents our understanding of the Order. If it is incorrect in any category, please advise us immediately as
the Bank will NOT be responsible for stopping payments on any item unless accurately described in this Order.
If you fail to renew your Stop Payment Order, the Bank may pay the item(s) after your Stop Payment Order
lapses, as though your order had never been given.
2. The Bank shall be bound only to exercise good faith and ordinary care in attempting to stop payment of any
check(s) or ACH debit(s).
The Bank shall have a reasonable time after receipt of your Stop Payment Order to notify all appropriate
employees and shall not assume responsibility for stopping payment if the check(s) or ACH debit(s) has/have
already been paid.
4, You agree to hold the Bank harmless for all costs, expenses (including its reasonable attorneys' fees) or
damages it may incur or suffer by refusing payment of the above-described check(s) or ACH debit(s).
BANK USE ONLY
ftvton Nitna - ou'
-661W
suburban PA (16) Rittenhouse Square
RacoiV&d sy {RWl N*M-*) Tate3ptMnt "ambor
Renee G Jett (215) 645 -1$55
Date IWQuW icelv" Tlma
OW1212011 10:20 am
Riji; t n Peovifn I Via Phone
in Person
Rev, 11/2009 1 Tb Bank. N.A.
Provide copy to Customer. Store may retain a copy for one business day to validate the Stop Payment posted correctly.
B
AA*Ma S MOT COnvlnient Unk«
?hk+
I CONFIRMATION OF STOP PAYMENT ORDER I
To TD Bank, N.A. (The "Bank"):
Indicate Check or ACH: Check
Customer Name: ALE KHORRAM
Expiration Date: 09/11/2012
Account No.: 0342102308
Address: 985 WATERLOO ROAD
DEVON, PA 19333-w. -
Home Phone No.: (215) 359-9511 Work Phone No.'
Check No.: 175 It range, enter "To' Number: Date on Check: '
Payable to: Lou CAPOZZI Amount:
Stop Reason: Lost
Duplicate Check issued? (Y/N)
Charge Account No.: 342102308
No
If "Yes", indicate check number: N/A
Fee: $ 25.00
® Check if fee waived; indicate reason below:
1. Your Stop Payment Order is accepted subject to the condition that the check or ACH debit has not already
been paid or is not in process for payment and that the Bank will have a reasonable opportunity to act on your
Order before any such processing. This Confirmation is our record of your Stop Payment Order and
represents our understanding of the Order. If it is incorrect in any category, please advise us immediately as
the Bank will NOT be responsible for stopping payments on any item unless accurately described in this Order.
if you fail to renew your Stop Payment Order, the Bank may pay the item(s) after your Stop Payment Order
lapses, as though your order had never been given.
2. The Bank shalt be bound only to exercise good faith and ordinary care in attempting to stop payment of any
check(s) or ACH debit(s).
3. The Bank shall have a reasonable time after receipt of your Stop Payment Order to notify all appropriate
employees and shall not assume responsibility for stopping payment if the check(s) or ACH debit(s) has/have
already been paid.
4. You agree to hold the Bank harmless for all costs, expenses (including its reasonable attorneys` fees) or
damages it may incur or suffer by refusing payment of the above-described check(s) or ACH debit(s).
BANK USE nNt_ Y
Region Name stem ar 6016
Suburban PA (16) Rittenbouse Squwe
Recsived dy (FUR Name) +N *ot* Numbor
ROW G Jett (215) 548 - 1655
Da16 eB Tiea
09112/2011
_ 10:18 am
RegwsF *9*ivest in F;W;
m i Vla
! In Person
Rev. 11/2009 ( TO Bank, N.A.
08/341/11
$2.100-00
Provide copy to Customer. Store may retain a copy for one business day to validate the Stop Payment posted correctly.
C1iq,Mail - 26 Guemey https://mail.google.com/mail/WO/?ui=2&ik=11e9ldf402&view=pt&q
t? Alex Khorram <khorram@clktsearch.com>
26 Guerney
Lou Capozzi <LouC@capozziassociates.com> Thu, Sep 8, 2011 at 2:45 PM
To: khorram@cligsearch.com
No Lead Paint. Don't go to Philly just to write me a check. Just write me a check when you get home. My address is 1655 Holy Pike
Carlisle Pa 17015.
Louis J, Capozzi, Esq.
Capozzi & Associates, P.C.
2933 North Front Street h
Harrisburg, PA 17110
23.',-4 n1
Fax
rPS.Cnm
--- Original Message -----
From: Alex Pooyan Khorram Imalfto:khorramXi5?cligsearch.comj
Sent: Thursday, September 08, 2011 11:24 AM
To: Lou Capozzi
Subject: Re: 26 Guerney
Lou, what address do you want the check sent to?
I don't have any checks on me in Cape May but if I go back to my office tomorrow In Philly I'll send you a check tomorrow otherwise when I
return on Sunday,
We are enjoying ourselves despite the weather but I wanted to bring to your attention that the floors were not cleaned prior to our arrival and
is evidenced by all the paint chips throughout the house, I could care less about the paint chips but I have a 2 year old with us and lead paint
is a concern. Does this house have any lead paint?
On Sep 8, 2011, at 7:51 AM, "Lou Capozzi" <LouCQCapovAssociates,com> wrote:
> Alex: hope you're enjoying Cape May, Tomorrow and Saturday will be nice beach days.
> I still haven't received your check. Do you want to write me out another one? In the meantime, if the first check comes in, I'll let you know,
Thanks. If you wart to discuss, -'"-
> Louis J. Capozzi, Esq.
> Capozzi & Associates, P,C,
> 2933 North Front Street
> Harrisburg, PA 17110
> Fax
>
> ----- Original Message -----
> From: Alex Pooyan Khorram Imailto:'-
> Sent: Saturday, September 03, 2011 05:54 PM
> To: Lou Capozzi
> Subject: Re: 26 Guerney
> Ok.
> Just to let you know the right shade in the master bedroom, the one with the porch access, was broken prior to our arrival.
>
> On Sep 3, 2011, at 3:22 PM, "Lou Capozzl" <LouC(MCapozziAssociates.com> wrote:
» No. Let's waft a little. Maybe it will come Tuesday,
» Louis J. Capozzi, Esq.
» Capozzi & Associates, P.C.
>> 2933 North Front Street
>> Harrisburg, PA 17110
»;
>>Fax
1 of 3 4/17/2012 7:57 PM
Clio Mail L Follow-up on 26 Guemey
• It
https://mail.google.com/niail/u/O/?ui=2&ik-- 11 e91 df402&view=pt&q=...
Alex Khorram <khorram@cligsearch.com>
Follow-up on 26 Guerney
Lou Capozzi <LouC@capozziassociates.com>
To: khorram@cligsearch.com
Sat, Sep 17, 2011 at 8:22 PM
WY 1 received your partial payment today. Not too happy about that, but, as promised, I looked through the closing documents and I
located the Lead Sised Paint Disclosure from the Seller from. 2009. According to the Sailer, there is, no r, ad ' i- 1''nt in the house. I
auc, alsca spoken to Scott Swain, the painter who is painting the outside of the hou •r He indicated th,11 O,,, it .,, ., arnt is ai vt) not
le,aca based paint, out ataint that recently began to peel after Hui ric.ane Irene ±rid all of the re ent wet vvei;'' of ,"" it was not
puipf'ri{ nrinyp ? l afore it was painted,
i am rn`i ng yore a> reapy of the Disclosure dorm and the lease to your home addr?.=s5, so I'd appreciate, the rel r,f the payment
prornpt[y- Vhank you,
Louis J. Capozzi, Esq.
Capozzi & Associates, P.C.
2933 North Front Street
Harrisburg, PA 17110
Fax
From: Alex Pooyan Khorram [mailto:'
Sant: Tuesday, September 13, 201104:25 PM
To: Lou Capozzi
Subject: Follow-up on 26 Guemey
[Quoted text hidden]
1 of 1 4/17/2012 7:51 PM
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•
LOUIS J. CAPOZZI, JR. In the Court of Common Pleas of Cumberland County,
Pennsylvania
Plaintiff
V Docket No.: 12-1166 CIVIL
ALEX KHORRAM Civil Action -Law
Defendant
Certificate of Service
lie
The undersigned does hereby certify that on June 6, 2012 1 served a true and correct copy of the
foregoing Response to Notice of Deposition to Paul Van Fleet, Esq, attorney for My. Louis Capozzi Jr., by
First Class Mail, Postage Pre-Paid, addressed as follows:
Paul Van Fleet, Esquire, Attorney ID No. 312135, 1200 Camp Hill Bypass, Suite 205, Camp Hill, PA 17011
Date: U/ 2-
Alex Khorram
• To: Paul Van Fleet
From: Alex Khorram
RE: Capozzi vs. Khorram, Docket No. 12-1166
Paul, per your request, I'm informing you that I cannot attend the requested deposition on June 18,
2012 at the 1200 Camp Hill Bypass, Suite 205, Camp Hill, PA 17011.
4---
Alex Khorram
•
0
LOUIS J. CAPOZZI, JR. In the Court of Common Pleas of Cumberland County,
Pennsylvania
Plaintiff
V
ALEX KHORRAM
Defendant
Docket No.: 12-1166 CIVIL
Civil Action -Law
Certificate of Service
The undersigned does hereby certify that on June 6, 2012 1 served a true and correct copy of the
foregoing Responses to the Request for Admissions of Plaintiff Directed to Defendent to Paul Van Fleet,
Esq, attorney for M f. Louis Capozzi Jr., by First Class Mail, Postage Pre-Paid, addressed as follows:
10
Paul Van Fleet, Esquire, Attorney ID No. 312135, 1200 Camp Hill Bypass, Suite 205, Camp Hill, PA 17011
Date: lJC ! 2
Alex Khorram
LOUIS J. CAPOZZI, JR.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAT
Docket No.: 12-1166 Civil
C
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Pi=
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ALEX KHORRAM,
Defendant : Civil Action - Law
AMENDMENT TO MOTION TO COMPEL DISCOVERY
NOW COMES, Plaintiff Louis J. Capozzi, Jr. and files this Amendment to the Plai
Motion to Compel Discovery, and support thereof, hereby avers:
1. Pursuant to Pennsylvania Rule of Civil Procedure § 208.3(a)(2), no judge has ruled
any other issue in this matter or any related matter.
2. Pursuant to Pennsylvania Rule of Civil Procedure § 208.3(a)(9), concurrence was
from the pro-se defendant in this matter and was not obtained.
Respectfully submitted,
CAPOZZI & ASSOCIATES, P.C.
DATE: 0
ul R. Van Fleet, Esquire
Attorney ID: 312135
P.O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
1
s
CERTIFICATE OF SERVICE
I hereby certify that I have, this date, mailed a true and correct copy of the
pleading by United States mail, first-class, postage prepaid, addressed to the
individual(s):
Alex Khorram
985 Waterloo Road
Devon, PA 19333
Date: L
1 R. Van F 2
LOUIS J. CAPOZZI, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 12-1166 CIVIL
ALEX KHORRAM,
Defendant
ORDER
AND NOW, this day of July, 2012, the above-captioned case is assigned to
the Honorable J. Wesley Oler, Jr., Senior Judge.
The Honorable J. Wesley Oler, Jr.
1/ Court Administrator
7///
,q l
BY THE COURT,
-"(, lql
Kevi . Hess, P. J.
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LOUIS J. CAPOZZI, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
ALEX KHORRAM,
Defendant : NO. 12-1166 CIVIL TERM
IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY
ORDER OF COURT
AND NOW, this 13'h day of July, 2012, upon consideration of Plaintiff's Motic
To Compel Discovery, as amended, a Rule is issued upon Defendant to show cause,
any he has, why the relief requested in Plaintiff's motion should not be granted.
RULE RETURNABLE within 21 days of the date of this order.
? James R. Van Fleet, Esq.
P.O. Box 5866
Harrisburg, PA 17110
Attorney for Plaintiff
/Alex Khorram
985 Waterloo Road
Devon, PA 19333
Defendant, pro Se
c
MOV
z? _ -r
M
z ~ \ t
?L
BY THE COURT.
LOUIS J. CAPOZZI, JR. In the Court of Common Pleas of Cumberland County,
Pennsylvania
Plaintiff
V Docket No.: 12-1166 CIVIL Z
S? C ilr
ALEX KHORRAM Civil Action - Law
Defendant <d ' °`-
C:)
y C?J >
Request for Motion of Protective Order J.
IN RESPONSE to the Plaintiff's, Louis J. Capozzi Jr., Request for Deposition received on May 30, 2012 by
his Attorney, Mr. Paul Van Fleet, I respectfully request the Court to issue a Protective Order against the';
request for deposition of Alex Khorram, the Defendant, pursuant to Pa. R.C.P. No. 4012.
1. I, the Defendant filed Preliminary Objections on April 5, 2012 against the Complaint filed against
me in the Court of Common Pleas of Cumberland County, Pennsylvania.
a. As stated in the Preliminary Objections, the Plaintiff failed to conform to PA R.C.P.
1019(1), requiring a Complaint for breach of contract to attach the signed, true and
correct copy of the contract, if one exists.
b. As stated in the Preliminary Objections, the Plaintiff failed to comply with PA R.C.P.
1006(a)(1), requiring "an action against an individual may be brought in and only in a
county which an individual may be served or in which the cause of action arose or
where a transaction or occurrence place out of which the cause of action arose ..."
2. I, the Defendant, object due to the following undue burdens and significant expenses to be
incurred by me, as stated in paragraph 3 below, with regards to an in-person deposition prior tc
the Preliminary Objections having been ruled upon by the Court.
3. Pursuant to Pa. R.C.P. No. 4011 (c), "No discovery or deposition shall be permitted which would'.
cause unreasonable annoyance, embarrassment, oppression, burden, or expense to the
deponent or any person or party." Therefore,
a. I, the Defendant would be unduly burdened by being required to travel 220 miles from'.
my place of business in Center City, Philadelphia to the Law Offices of Capozzi and
Associates, in Camp Hill, PA.
b. I, the Defendant would bear significance expense to travel to Camp Hill, PA since such a'
request would require me taking an entire day off of work to travel, and therefore loss
of income for an entire work day.
c. I, the Defendant would bear significant expense in gas and tolls to travel 220 miles to
and from my place of business in Center City, Philadelphia (1835 Market St).
0 d. I, the Defendant would bear a significant burden and undue stress by being deposed at
the non-neutral Camp Hill location requested by the Plaintiff since such location is the
office of Capozzi & Associates, P.C., Attorneys at Law, which is the law firm owned by
the Plaintiff, Mr. Louis Capozzi Jr. Esq.
e. I, the Defendant, would be unduly burdened by being required to schedule a full day ofd
and travel 220 miles within less than 12 days of notice.
4. Pursuant to Federal Rules of Civil Procedure 26(b)(2), the Court has the discretion to limit
discovery if " the discovery sought is unreasonably cumulative or duplicative, or is attainable
from some other source that is more convenient, less burdensome, or less expensive."
a. The Plaintiff has already requested and received from the Defendant a Request for
Admissions, filed with the Court on June 6, 2012. Requesting an in-person Deposition is
duplicative since the Request for Admissions was completely and entirely answered by
me, the Defendant.
b. The Plaintiff, can seek and request more convenient, less burdensome, and less
expensive discovery requests.
Wherefore, I, the Defendant, respectfully request that this Court grant this Motion for a Protective
Order.
•
Respectfully s mitted,
Alex Khorram
985 Waterloo Rd.
Devon, PA 19333
0
LOUIS J. CAPOZZI, JR. In the Court of Common Pleas of Cumberland County,,
Pennsylvania
Plaintiff
V Docket No.: 12-1166 CIVIL
ALEX KHORRAM Civil Action -Law
Defendant
Certificate of Service
•
The undersigned does hereby certify that on July 12, 2012 1 served a true and correct copy of the
foregoing Response to Motion to Compel Discovery to Paul Van Fleet, Esq, attorney for My. Louis
Capozzi Jr., by First Class Mail, Postage Pre-Paid, addressed as follows:
Paul Van Fleet, Esquire, Attorney ID No. 312135, 1200 Camp Hill Bypass, Suite 205, Camp Hill, PA 17011
Date: 1
LOUIS J. CAPOZZI, JR. In the Court of Common Pleas of Cumberland County,
Pennsylvania
Plaintiff
V Docket No.: 12-1166 CIVIL
ALEX KHORRAM Civil Action -Law
Defendant
Certificate of Service
lie
The undersigned does hereby certify that on July 12, 2012 1 served a true and correct copy of the
foregoing Request for Motion of Protective Order to Paul Van Fleet, Esq, attorney for My. Louis Capozz(
Jr., by First Class Mail, Postage Pre-Paid, addressed as follows:
Paul Van Fleet, Esquire, Attorney ID No. 3:12135, 1200 Camp Hill Bypass, Suite 205, Camp Hill, PA 17011
Date: 112- 1-----
':::?l -
I
horram
r PPOTHON0T?..
LOUIS J. CAPOZZI, JR. In the ourt of Common Pleas of Cumberland County,
• 2012 JUL 16 PM 3: 36
: Pennsylvania
CUMBERLAND COUNTY
Plaintiff PENNSYLVANIA
V : Docket No.: 12-1166 CIVIL
ALEX KHORRAM : Civil Action -Law
Defendant
RESPONSE TO MOTION TO COMPEL DISCOVERY
IN RESPONSE to Plaintiff's Louis J. Capozzi Jr.'s Motion to Compel, I, the Defendant, Alex Khorram,
respectfully file this Response against the Motion to Compel Discovery as follows:
1. I, the Defendant filed Preliminary Objections on April 5, 2012 against the Complaint filed against
me in the Court of Common Please of Cumberland County, Pennsylvania.
a. As stated in the Preliminary Objections, the Plaintiff failed to conform to PA R.C.P.
1019(1), requiring a Complaint for breach of contract to attach the signed, true and
correct copy of the contract, if one exists.
b. As stated in the Preliminary Objections, the Plaintiff failed to comply with PA R.C.P.
1006(a)(1), requiring "an action against an individual may be brought in and only in a
county which an individual may be served or in which the cause of action arose or
where a transaction or occurrence place out of which the cause of action arose ..."
2. I, the Defendant received a letter, sent by the Plaintiff's Attorney, Paul R. Van Fleet, on
Thursday, May 31, 2012. This letter, as admitted to by Mr. Van Fleet, was dated May 25, 2012
and %mas sent using standard first class mail.
3. Mr. Van Fleet mistakenly states that I, the Defendant, received the May 25, 2012 dated letter on
the same exact day in Devon, PA, thereby assuming zero delivery time from the US Postal
Service.
4. In good faith, 1, the Defendant replied to the letter received by Mr. Van Fleet on May 30, 2012,
within ten days of receipt, stating that his requested date of June 12, 2012 was not convenient.
5. I, the Defendant, also fully complied with the Plaintiff's Request for Admissions, in good faith,
within his requested time frame.
6. Contrary to the assertion made by Mr. Van Fleet, Attorney for the Plaintiff, that he reached out
to me, the Defendant, via an email on June 20, 2012, 1 did not receive an email from Mr. Van
Fleet.
7. I, the Defendant, received a copy of the Motion to Compel Discovery from Mr. Van Fleet on July
9, 2012.
• 8. The Plaintiff's Attorney has requested my in-person deposition in Camp Hill, PA on July 20, 2012,
which is less than 12 days from my receipt of his Motion to Compel notice.
9. Pursuant to Pa. R.C.P. No. 4011 (c), "No discovery or deposition shall be permitted which wouldl
cause unreasonable annoyance, embarrassment, oppression, burden, or expense to the
deponent or any person or party." Therefore,
a. I, the Defendant would be unduly burdened by being required to travel 220 miles from
my place of business in Center City, Philadelphia to the Law Offices of Capozzi and
Associates, in Camp Hill, PA.
b. I, the Defendant would bear significance expense to travel to Camp Hill, PA since such a
request would require me taking an entire day off of work to travel, and therefore loss
of income for an entire work day.
c. I, the Defendant would bear significant expense in gas and tolls to travel 220 miles to
and frorn my place of business in Center City, Philadelphia (1835 Market St).
d. I, the Defendant would bear a significant burden and undue stress by being deposed at
the non-neutral Camp Hill location requested by the Plaintiff since such location is the
office of Capozzi & Associates, P.C., Attorneys at Law, which is the law firm owned by
the Plaintiff, Mr. Louis Capozzi Jr. Esq.
e. I, the Defendant, would be unduly burdened by being required to schedule a full day o4
and travel 220 miles within less than 12 days of notice.
Wherefore, I, the Defendant, respectfully request that this Court deny this Motion to Compel based on
the aforementioned facts and because the Plaintiff has not put forth any argument that such a
deposition is of urgent matter or that other less burdensome and more convenient methods of
discovery would not be sufficient at this stage of the proceedings.
Respectfully submitted,
Alex Khorram
985 Waterloo Rd.
Devon, PA 19333
(610;1 220-4750
LOUIS J. CAPOZZI, JR.,
V.
Plaintiff
ALEX KHORRAM,
Defendant
IN THE COURT OF COMMON PLEAS C
CUMBERLAND COUNTY, PENNSYLVE
Docket No.: 12-1166 Civil
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Civil Action - Law cnr
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ORDER
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NOW COMES, Plaintiff, Louis J. Capozzi, Jr., hereby files this Response to
Request for Motion for Protective Order and respectfully requests that this Honorable Court
Defendant's Motion. In support of this Response, Plaintiff respectfully avers as follows:
1. Denied. The allegations contained in Paragraph 1 of Defendants Request
Motion for Protective Order are conclusions of law to which no response is required. To 1
extent that Plaintiff is required to answer, Plaintiff specifically denies the allegations contained
this paragraph and demands strict proof thereof. Plaintiff wishes to note that Defendan
Preliminary Objections have no bearing on the disposition of the instant Motion.
2. Denied. The allegations contained in Paragraph 2 of Defendant's Request
Motion for Protective Order are conclusions of law to which no response is required. To 1
extent that Plaintiff is required to answer, Plaintiff specifically denies the allegations contained
this paragraph and demands strict proof thereof. By way of further response, Defendant will r
incur undue burdens and significant expenses by performing a Deposition at Plaintiff's offices
Camp Hill.
3. Denied. The allegations contained in Paragraph 3 of Defendant's Request
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Motion for Protective Order are conclusions of law to which no response is required. Tol the
extent that Plaintiff is required to answer, Plaintiff specifically denies the allegations contained in
this paragraph and demands strict proof thereof. By way of further response, Pa.R.C.k. §
4011(c) is a statute that speaks for itself. Pennsylvania courts have stated that "No discove
possible without some person being annoyed, embarrassed, oppressed or caused expense, bu
mere existence of some annoyance, however, is not sufficient to forbid discove
Knanpenberger v. Feldman, 6 Pa. D. & C.2d 728, 733 (C. P. Northampton, 1956). The reac
justifying a protective order raised by Defendant allege annoyances, and do not rise to the l
of oppression required to issue a protective order in these circumstances. Defendant would
be unduly burdened by the length of travel because he resides at 985 Waterloo Road, De`
Pennsylvania, which is only 97.4 miles from 1200 Camp Hill Bypass, Camp Hill, Pennsylva
the requested place of deposition, as opposed to the 220 miles Defendant claims he must tra
Defendant will not have to take a whole day of work to travel to Camp Hill, PA for depos
and as such will not lose a whole day of income to participate in such deposition. Furthern
the amount in gas and tolls required for Defendant to drive to Camp Hill, PennsylvanJ
nominal compared to the amount in controversy in this case. Contrary to Defendant's allegati
there is stress involved in any lawsuit and the fact that Defendant is deposed in an environr
simply owned by Plaintiff is not a compelling reason to deny Plaintiffs ability to depose
Defendant at his offices in Camp Hill, Pennsylvania. Finally, Defendant's objection to
timing of the deposition should not prevent Plaintiff from deposing Defendant at all, which
what a Protective Order would essentially accomplish.
4. Denied. The allegations contained in Paragraph 4 of Defendant's Request
Motion for Protective Order are conclusions of law to which no response is required. To
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extent that Plaintiff is required to answer, Plaintiff specifically denies the allegations containe
this paragraph and demands strict proof thereof. By way of further response, the Federal R
of Civil Procedure are not mandatory authority in Pennsylvania Courts, and as such,
Pennsylvania Rules of Civil Procedure apply in the disposition of this matter. As for
Defendant's allegations, a Request for Admissions is only one method used to obtain lav
discovery. Given the paucity of the Defendant's answers to the Request for Admission:
deposition is required to assess all facts available and move the case towards swift disposition.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny
Defendant's Motion for Protective Order and grant any and all other relief as this
Court may find appropriate.
Respectfully submitted,
CAPOZZI AND ASSOCIATES, P.C.
Date: ?- ?
ul R. Van Fleet, Esq.
PA Attorney ID: 312135
Attorney for Plaintiff
P.O. Box 5866
Harrisburg, PA 17101
(717) 233-4101
in
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LOUIS J. CAPOZZI, JR., IN THE COURT OF COMMON PLEAS (
CUMBERLAND COUNTY, PENNSYLV
Plaintiff
V. Docket No.: 12-1166 Civil
ALEX KHORRAM,
Defendant Civil Action - Law
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to Compel was
served by U.S. mail, first class, postage paid, to the following individuals:
Alex Khorram
985 Waterloo Road
Devon, PA 19333
Dated:
?) :F*71eet, VaEsq.
V
4
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
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Please list the within matter for the next Argument Court.
no a
------------ ----
--------------------------------------------------------
OF CASE
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(entire caption must be stated in full)
35
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LOUIS J. CAPOZZI, JR.
Plaintiff -
cn
ALEX KHORRAM
Defendant
No. 12-1166, Civil Term
1. State matter to be argued (i.e. Plaintiff s motion for new trial, Defendant's demurrer
to complaint, etc): Defendant's Preliminary Objections to Plaintiffs Complaint.
2. Identify counsel who will argue cases:
a. For Plaintiff: Paul R. Van Fleet, Esq., Capozzi & Associates, P.C.,1200
Camp Hill Bypass, Camp Hill, PA 17110
b. For Defendant:
3. 1 will notify all parties in writing within two days that this case has been listed for
argument by First Class Mail: Alex Khorram, 985 Waterloo Road, Devon,
Pennsylvania 19333.
4. Argument Court Date: September 7, 2012
Print your name
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Attorney for
Date: August 6, 2012
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LOUIS J. CAPOZZI, JR.,
PLAINTIFF
V.
ALEX KHORRAM,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 12-1166 CIVIL TERM
ORDER OF COURT
AND NOW, this day of August, 2012, upon consideration of the
Defendant's Motion for Protective Order, a discovery conference shall commence at
11:00 a.m., Thursday, August 30, 2012, in Courtroom Number 4, Cumberland County
Courthouse, Carlisle, Pennsylvania.
Paul R. Van Fleet, Esquire
Capozzi & Associates, P.C.
P.O. Box 5866
Harrisburg, PA 17101
Alex Khorram
985 Waterloo Road
Devon, PA 19333
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By the Court,
LOUIS J. CAPOZZI, JR.,
PLAINTIFF
V.
ALEX KHORRAM,
DEFENDANT
IN THE COURT OF COMMON PLEAS OIL
CUMBERLAND COUNTY, PENNSYLVA IA
12-1166 CIVIL TERM
CORDER OF COURT
AND NOW, this ~.~5 ~ 4i day of August, 2012, the discovery confe
on the Defendant's Motion for Protective Order currently scheduled for August 30,
is rescheduled at Defendant's request to commence at 10:00 a.m., Wednesday,
September 12, 2012, in the 5~' Floor Hearing Room, Cumberland County Courtt
Carlisle, Pennsylvania.
By the Court,
Paul R. Van Fleet, Esquire
Capozzi & Associates, P.C.
P.O. Box 586fi
Harrisburg, PA 17101
/Alex Khorram
985 Waterloo Road
Devon, PA 19333
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CAPOZZI & ASSOCIATES, P.C.
Bv: Paul R. Van Fleet, Esquire
I.D. # ~121j
1200 Camp Hill Bypass, Ste. 205
Camp Hill., PA 1701 ].
(717) 233-4101
LOUIS .1. C.APOZZI. JR.,
~.
Plaintiff
ALEX KHORRAM.
Defendant
~~ OCT 22 p~! ~; 0 7
IN THE COURT OAF COMMON PLEAS OF
CUMBERLAND COUNTY, PEl`~1NSYLVANIA
Docket No.: 12-1166 Civil
Civil Action -- Law
MOTION FOR SANCTIONS
NOW COMES Plaintiff Louis J. Capozzi, Jr., by and through his attorneys. Capozzi and
Associates. P.C., and files the following Motion for Sanctions For Noncompliance with a Court
Order against Defendant Alex Khorram pursuant to 18 Pa.C.S. § 4904. and in sl.ipport thereof,
respectfully avers as i-ollows:
I On car about August 31, 201 1. Defendant entered into a Lease Agreement with Plaintiff in
Cumberland County regarding the rental of property owned by Plaintiff, located at 26
Glarney Street. Cape May, New Jersey 08204, for the period of September 3,2011
through September 11,2011.
In accordance with the terms of the Lease Agreement, Defendant was to pay the amount
of 52,787.50 'to Plaintiff by August 31, 2011 for the following: (a) rent in the amount of
$2,100.00: (b) a damage deposit in the amount of$500.00; and (cl a cleaning deposit in
the amount of $187.50.
2
:~. Despite the fact that Plaintiff did not receive payment from Defendant as promised,
Plaintiff nevertheless allowed Defendant to occupy the property for the dates as outlined
in the Lease Agreement.
4. Defendant occupied the property from September 3, 201 1 through September 1 i .2011.
~. Defendant has failed to pay the full amount of rent pursuam: to the terms of the Lease
Agreement Defendant signed with Plaintiff, as well as subsequent costs incurred by
Plaintiff as a result of Defendant's stay at Capozzi's property.
6. Or,. March 14, 2012, Plaintiff filed a Complaint with the Court of Common Pleas of
Cumberland County, Pennsylvania, seeking money damages against Defendant for the
balance of the unpaid lease, reasonable interest thereupon. property damage.. court costs,
and collection fees.
;'. On ~ulv 3. 201.2, Plaintiff, after several attempts to come to an accord with Defendant on
a time for deposition, filed a Motion to Compel Discovery with the Court seeking
Defendant`s ~aresence for a deposition at Plaintiffs la~~~ offices in Camp Hill,
Pennsylvania.
R. On .1uly 16. 2012. Defendant filed a Response to Plaintiffs Motion to Compel Discovery
and. on the same date, filed Motion for a Protective Order with the Court reeking to
prevent Defendant from being deposed at Plaintiffs law offices in Camp Hill,
Pennsylvania.
y. Or August 8. 2012, Plaintiff filed a Response to Defendant's Motion fir Protective
Order.
l0. 0~,_ August 10. 2012, this Court issued an Order for a Discovery Conference between
Plaintiff and Defendant to resolve Plaintiffs July 3, 2012 Motion to Compel Discovery
3
and. Defendants July 16. 2012 Motion for a Protective Order to be scheduled on August
30. 2012.
] 1. This Court rescheduled the Discovery Cor.~ference for September ? 2. 2012, on
Defendant"s request.
1 ?. On September 12, 2012, the Discovery Conference took place. Plaintiff was represented
by counsel at the Conference, but Defendant failed to appear, despite this Court waiting
over 0 minutes of extra time for his appearance.
i ~. On September 12, 2012, this Court issued an Order mandating that Defen~;iant's Motion
for a Protective Order was denied and that Defendant submit himself to deposition on
September 28. 2012, 12 noon, at Plaintiff s offices at 1200 Camp Hill Bypass. Suite 205,
Camp Hill, Pennsylvania, 17011. A true and correct copy of that Order is ~ittached hereto
as exhibit "A.~"
l -~_ On September 19, 2012, Plaintiffs counsel sent Defendant a courtesy copy of the
September l <'. 2012 Order and a Notice of Deposition four a deposition tc~ occur on
September 28, 2012 at noon at Plaintiff's offices at 1200 Camp Hill Byp,:rss. Suite 205,
Camp Hill. Pennsylvania. 1~Oll.
1 ~. On September 28, 2012, Defendant failed to appear for the scheduled deposition in direct
contravention and defiance of this Court's September 12, 2012 Order. Defendant made
no attempt to communicate with Plaintiff s cow~sel as to am,r sort of rescheduling or to
notify Plaintiff's counsel of his inability to attend the deposition. A true and correct copy
of the Court Reporter transcript affiming this absence is hereby attached as T,xhibit "B."
l ~. Defendant has therefore deliberately refused to obey this C~~~urt's Septerrr~ber- 12, 2012
Order.
4
RULE 4019(a)(1)(viii) AND RULE 4019(e) SANCTIONS
l r. The allegations set forth in Paragraphs 1-16 are hereby incor~~orated as if set forth in their
entirety.
l8. According to Pa.R.C.P. ~ 4019(a)(1)(viii). this Court may make appropriate sanctions on
a '` party or person [who] otherwise fails to make discovery or to obe~~ an order of court
respecting discovery."
l~). Pa.R.C.P. § ~1019(c) establishes the civil penaaties for a violation of any provision of
Pa.R.CP. ~ 4~019(a).
Z~). According to Pa.R.C.P. § 4019(c)(3), this Court may issue an order "striking out
pleadings or parts thereof, or staying further proceedings until the order is obeyed, or
entering a judgment of non pros or by default against the disobedient party.
2 I _ According to~ Pa.R.C.P. ~~ 4019(c)(4), this Court may '`enter an order imposing
punishment for contempt upon a disobedient parry."
2~'. According to Pa.R.C.P § 4019(g)(1), this Court may "require the part,~~~ or deponent
whose conduct necessitated the motions ... to pay to the moving party the reasonable
expenses. including attorney's fees, incurred in obtaining the order of comxal,iance and the
order for sanctions ..."
2 ~, Defendant has failed to obey this Court's September 12, 2012 Order to submit to
deposition at Plaintiff's offices.
`?4. Defendant has continually failed to make himself present for deposition and has
repeatedly failed to appear in court for the efficient administrairion of these proceedings.
5
~. L:~efendant has failed to conduct himself in accord with the ntles of this Co~~.~rt and as such
is delaying the effectuation of justice in these proceedings.
2~. Pursuant to Pa.R.C.P. § 4019(c)~3), Plaintiff therefore respectfully req~laests that this
Court enter a default judgment against Defendant and award Plaintiff all rnlorretarv relief
df:manded under the Complaint.
?~. h~ the alternative, pursuant to Pa.R.C.P. ~ 4019(c}(4), Plaintiff respectfull~,~ requests that
Defendant be subjected to contempt proceedings for his wil}.ful violation of this Courf's
September 12, 2012 Order.
28. Plaintiff further requests that Plaintiff be compensated the reasonable caper}ses, including
attorney's fees, incurred as a result of obtaining the order for compliance and the order
for sanctions, as follows:
Attorney's fees $437.0
Cost of Court Reporter $272.00
TOTAL
$709.50
?9. Pursuant to Pennsylvania Rule of Civil Procedure ~ 208.3(a)(2), on Septerr,ber 12, 2012,
the fIonorable Wesley J. Oler issued the Order mandating Defendant"s presence at the
September 28, 2012 deposition at Plaintiff s offices.
~0. Pursuant to Cumberland County Local Rule 208.3(a)(9), concurrence was sought from
the opposing party in this matter and was not obtained.
WHF,REFORE, Plaintiff Louis J. Capozzi, Jr. respectfully requests that this Court issue
an Order granting him a default judgment in his favor and award all damages sought under the
Complaint and award Plaintiff further money damages in the amount of $709.50, representing
6
the reasonable expenses of obtaining the attached Order; in the alternative, Plaintiff respectfully
requests that this Court issue an Order subjecting Defendant Alex Khorram to contempt
proceedings and award Plaintiff money damages in the amount of $709.50, representing the
reasonable expenses of obtaining the Order.
Respectfully submitted,
CAPOZZI & ASi50CIATES, ~'.C.
_-_ ,
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DATE : ~~~ - ~ ~ "' .--c !~/ r
-~ Paul R. Van Fleet, Esq.
Supreme Court ID: 312135
~ , P.O. Box 5$66
~_,-.~ Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
7
LOUIS J CAPOZZI, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
~T .
CIVIL ACTION
~~~G
ALEX KHOF_RAM,
Defendant NO. 12-1166 CIVIL Z'ERM
SAP f ~ 212
ORDER OF COURT
AND NOW', this 12tY day of September, 2012, upon
consideration of Plaintiff's Motion To Compel Discovery, as
amended, and Defendant`s Request For Moti.an For Protective C)rder,
and follcwing a ,proceeding held on this cLate at which Plaint.~iff was
represented by Paul R. Van Fleet, Esquire, and Defendant, who ~.s
proceeding pro se in this case, did r~ct appear,, no~twithstand~nq,
that the Court waited approximately half an hour beyond the mime
scheduled for the proceeding to facilitate his appearance, it:: 1.s
ordered and directed as follows:
_ . Defe=ndant sha1~1 submit himself to a deposition
in the office of Plaintiff's counsel, Capozzi &.
Associates, Suite 205, 1200 Camp Hill Bypass,
Camp Hill, Pennsylvania 17011, on Friday,
September 28, 2012, at 12 noon; and
... Defendant, s Request For Motion For Protective .--> ,~,
--~
Order is denied. ~~ ~ ~--_
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By the Court, _ ~~'~ ,.... t~~
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J. bTesley ol~~, Jr>, FS.J. M`:T ~
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Paul R. Van Fleet, Esquire
Capozzi & Associates, P. C.
P.O. Box 5866
Harrisburg, PA 17101
Alex Khorram
985 ~Aaterloo Road
Devon, PA 19333
vae
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. OCT 4 ~ ~4t2 r~~ ~R~CIIMAL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:LOUIS J. CAPOZZI, JR.,
Plaintiff
vs
ALEX KHORRAM,
Defendant
Civil Action - Law
Docket No .. 12 -11 ~ 6
DEPOSITION OF: ALEX KHORRAb[
TAKEN BY PLAINTIFF
BEFORE KELLY A. RENTERIA
NOTARY PUBLIC
DATE SEPTEMBER 28, 2012, 7.2:30 P.M..
PLACE CAPOZZI & ASSOCIATES, P.C.
1200 CAMP HILL BYPAS43, SUITE 205
CAMP HILL, PA 17011
LOVE COURT REPOR'T'ING, INC .
1500 Market ,Street
12th Floor, East Tower
Philadelphia, Penns,~lvania 19102
f215) 568-5599
www. lovecourtreporti ng. coim
2
1 ' APPEARAI~ICES
2: CAPOZZI & ASSOCIATES, P.C.
BY: PAL:fL R. VAN FLEET, ESQUIRE
3` 1200 Camp Hill Bypass, Suite. '1.05
Camp Hill, PA 17011
4I (717) 233-4101
oaulCcapozziassociates.com
5' For' - Plaintiff
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Statement -September 28, 2012 3
_- -_ ------ -l
1 MR. VAN FLEET: Today is September 28th, 2012.
2 The time is 12:30. Pursuant to an order issued l::;y the
3 j' Honorable Judge Oler of the Court of Common Plea~:~ cif
4' C:zmberland, Pennsylvania, the Defendant in the matter of '
i
S Louis J. Capozzi, Jr. versus A1.ex Khorram, civil term.
6 12-1166, was requested to show at a deposition at 12:00 noon
tc:>day. Having given 30 minutes of time, he has i~:.ot appeared
8, i:ar said deposition, and the deposition is hereb~X adjourned
9' pending further court proceedings on the matter.
10 (Proceedings concluded at :_2:32 p.m.
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i `OUNTY OF LANCASTER
~ SS
3 CJMMONWE'ALTH OF PENNSYLVANIA:
4 ! T, Kelly A. Renteria, a Notary Public, aut~ior.ized to
5; administer oaths within and for the Commonwealth o
6', Pennsylvania, do hereby certify that the foregoing is a true
? statement of said attorney.
8' I further certify that I am not a relative or
9' Employee or attorney or counsel. to any of the pax-~es, or a
1~' relative ar employee of such attorney oar counsel, ar
11' f=:..nancially interested directly or indirectly in tl~~is action.
12' IN WITNESS WHEREOF, I have hereunto set rr.y hand
13 this 9th day of October 2012.
14 ~-C ~. ~ ~.____
Kelly'A. Renteria
15 Notary Public
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Statement -September 28, 2U 12
Louis J. Capozzi, Jr. ~ Alcx Kharram
A i p '
adjourned (11 3:8 pending (1) 3:9
Alex (1} 3:~ Pennsylvania (1) 3:4
appeared (1} 3:7 Pleas (1) 3:3
~___ pm(1)3:i0
C' proceedings (2} 3:9,10
~~- ~- Pursuant (1) 3:2
civil (1} 3:S R
Common (1) 3.3 -
concluded (1) 3:30 requested {1} 3:6
Court (2} 3:3.9 -
Cumberland (1) 3:4
l) September (1} 3: ]
~_____.___. show (1} 3:6
Defendant I'1) 3:4 - -----i
deposition (3) ::6,8,8 ~ '~'
~ N' 'term (1) 3:5
Today (2) 3:1, 7
FLEET (1} 3 I --
further (1) 3:5• ', ~,~
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-_-_ ~:'-______-~ VAN (1) 3:1
versus (1) 3 5
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- __-_ --- - 12:00 (1) 3:6 I
hereby {1) 3:t~: ~ 12:30 {7) 3:2
Honorable {1) 3:3 12:32 (1} 3:10 f
~_ ~ ___-___ __ -"_~~ 12.1166 (1) 3 : 6
~~____________~ ~~ i
issued (1 } 3 ~ - ------
f-_-________- ---~ 2012 (1) 3:1
~.__.1_ 28th{7)3:1 _ ~~
J r (1) 3 ~ 3 ----~
Judge (1) 3.3 ~ - - ----~
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Khorram (1 } 3
Louis { 1 } 3 _ S-- - -____.._.
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I matter (2) 3;3,~~
minutes (1} 3:
L__~ ___~_. _ ~
noon (1} 3:(i
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order {1) 3:~
www.lovecourtreporting.com IS) adjourned - 3ti
LOUIS 3. CAPOZZI, .IR.,
Plaintiff
,.
ALEX. KHORRAM,
Defendant
IN THE COURT OF COMMON FLEAS OF
CUMF3ERLAND COUNTY. PENNSYLVANIA
Docket No.: 12-1166 Civil
Civil Action -Law
CERTIFICATE OF SERVICE
1 hereby certify that a true and correct copy of the foregoing Motion to Compel was
served by IJ.S. mail, fv~st class, postage paid, to the following individuals:
Alex Khozram
985 Waterloo Road
Devon, PA 19333
_. -
_----
--~ _ -
Dated: i ~ _ ~? ~' ~- 12. ) , z ~~~ - ~~ ------_--
Paul R. Van Fleet, Esq.
/ ~.-
8
LOUIS J. CAPOZZI, JR.,
PLAINTIFF
V.
ALEX KHORRAM,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-1166 CIVIL
IN RE: MOTION FOR SANCTIONS
ORDER OF COURT
AND NOW, this 25th day of October, 2012, upon consideration of the Plaintiff's
Motion for Sanctions,
IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on
Monday, November 19, 2012, at 2:00 p.m. in Courtroom No. 2 of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
By the Court,
~/ Paul R. Van Fleet, Esquire
Attorney for Plaintiff
Capozzi & Associates, P.C.
P. O. Box 5866
Harrisburg, PA 17101
/ Alex Khorram
Defendant
985 Waterloo Road
Devon, PA 19333
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LOUIS J. CAPOZZI, JR.,
: IN THE COURT OF COMMON PEAS 0
: CUMBERLAND COUNTY, PENN$ALV
Plaintiff
v. : Docket No.: 12-1166 Civil
ALEX KHORRAM,
Defendant : Civil Action — Law
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Kindly mark the Judgment entered in the amount of $5,177.00 in the above -captioned
matter as SATISFIED.
Date: i")/c) /
AND NOW, this 6 I day of
captioned matter is SATISFIED and this matter marked CLOSED_
Matthew A. Thomsen, Esquire
Attorney ID # 307388
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff
, 2014, Judgment in the above -
()jug 6t '9 5 3 c,/
CV/ s 1).2
LOUIS J. CAPOZZI, JR., : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. : Docket No.: 12-1166 Civil
ALEX KHORRAM,
Defendant
: Civil Action — Law
CERTIFICATE OF SERVICE
I hereby certify that I have this date caused a copy of the foregoing Praecipe to Satisfy
Judgment to be served by first class U.S. Mail, postage prepaid addressed as follows:
Date: %
Wally Zimolong, Esquire
Zimolong, LLC
1429 Walnut Street, Suite 1201
Philadelphia, PA 19102
Matthew A. Thomsen, Esquire
Attorney ID # 307388
Capozzi Adler, P.C.
P. O. Box 5866
Harrisburg, PA 17110
(717) 233-4101
Attorney for Plaintiff