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LAW OFFICES
DAVID A. AVEDISSIAN, ESQ., LLC
135 Kings Highway East Haddonfield, New Jersey 08033 (856) 857-1901 Attorney for Plaintiff
PATRICK J. RAPACCHIANO
Plaintiff,
v.
FELICE ANTHONY VISCEGLIA, Defendant.
SUPERIOR COURT OF NEW JERSEY CAMDEN COUNTY
LAW DIVISION, CIVIL PART DOCKET NO.: L-00023807
COMPLAINT, DESIGNATION OF TRIAL COUNSEL, DEMAND FOR TRIAL BY JURY
Plaintiff, Patrick J. Rapacchiano, by way of Complaint against Defendant, Felice Anthony Visceglia, hereby avers as follows:
COUNT ONE - DEFAMATION
1. Plaintiff is and at all times material hereto an adult individual residing at the above address. Plaintiff has at all times enjoyed a good name and reputation in the community in which he resides.
2. Defendant, Felice Anthony Visceglia is an adult
individual residing at 715 Jefferson Drive, Blackwood, New Jersey 08012.
3. Plaintiff and defendant became acquainted through their mutual employment during or about June 2002.
4. This employment relationship resulted in a friendship between the parties which lasted beyond their working relationship.
5. During the coarse of their friendship, plaintiff advanced money loans to defendant in reliance of defendant's promise to repay all monies extended in full.
6. Specifically, the defendant borrowed a total sum of $2,205.00 from plaintiff from November 2003 through May 2005.
7. Defendant Visceglia demonstrated threatening and
verbally abusive behavior toward the Plaintiff on more than one occasion during the friendship. Mr. Visceglia's behavior at times was unpredictable, assaultive and irrational, evoking fear in plaintiff. As a result, plaintiff was forced to remove himself from the company of Mr. Visceglia and ultimately end the friendship.
8. Defendant has brazenly failed to repay any of the monies lent to him by plaintiff despite numerous requests by plaintiff for repayment.
9. On or about February 4, 2006, defendant made entries in his Personal blog, identifying plaintiff as a "child Molester." This blog was then published for third persons to view.
10. During or about April 17, 2006, plaintiff again requested that defendant repay the monies which were borrowed from him. By that point, the parties' friendship had already disintegrated,
11. In response to plaintiff's April 17, 2006 request for repayment, defendant posted a message on a public internet forum "The Law.Com" using plaintiff's name. The entry posted by
defendant Felice Anthony Visceglia, falsely accuses plaintiff of committing an act of child molestation.
12. In addition, prior to the April 17, 2006 internet posting, Mr. Viscelgia had made entries in his personal internet blog in which said defendant deliberately made false statements identifying plaintiff as a child molester. Defendant then published these statements to those who have access to his blog on the internet.
13. Plaintiff was made aware of these communications when he saw the blog entry, which was published to third persons and accessible to all who have internet capabilities.
14. The blog entry written by defendant Felice Anthony Visceglia on behalf of plaintiff was made by defendant with his specific knowledge of the falsity of same.
15. The defamatory contents of the subject blog speaks for as to criminal conduct allegedly committed by plaintiff.
16. Plaintiff has never committed any of the criminal acts which are alleged by defendant in the blog entry of April 17, 2006.
17. Defendant knew that the contents of its correspondence were libelous and false or entertained serious doubt as to the truth of the statements in the letters, and as a result of the false and misleading information contained therein, Plaintiff has been held up to ridicule, Plaintiff's credit has been impaired and Plaintiff's reputation has been greatly injured.
18. Defendant, in disseminating such information to the public, acted in a grossly irresponsible manner with reckless disregard for the standards of truth and veracity ordinarily followed by responsible persons and Defendants knew in making thi statements that a false impression would be made and that Plaintiff would be damaged. Defendant published these statements: intentionally and/or with malice in an effort to discredit, malign and impugn the honesty and integrity of Plaintiff, all to Plaintiff's damage.
WHEREFORE, Plaintiff demands judgment against Defendants for damages, including both compensatory and punitive damages, for costs of suit and counsel fees and for such other relief as may be just.
COUNT TWO - BREACH OF CONTRACT
1. Plaintiff repeats each and every allegation set forth in Count One of the Complaint as if fully set forth herein.
2. Defendant has failed to repay plaintiff any of the monies; which he borrowed, all to Plaintiff's damage.
3. As a result, there is a clear breach of contract committed by defendant.
WHEREFORE, Plaintiff demands judgment against Defendants for: damages, including both compensatory and punitive damages, for costs of suit and counsel fees and for such other relief as may be just and equitable.
COUNT THREE - UNJUST ENRICHMENT
1. Plaintiff repeats each and every allegation set forth in Count One of the Complaint as if fully set forth herein.
2. Defendant has failed to repay plaintiff any of the monies which he borrowed, all to Plaintiff's damage.
3. As a result, defendant has been unjustly enriched, to plaintiff's damage.
WHEREFORE, Plaintiff demands judgment against defendant for damages, including both compensatory and punitive damages, for costs of suit and counsel fees and for such other relief as may be just and equitable.
CERTIFICATION PURSUANT TO R. 4:5-1
Plaintiff, by his attorney, hereby certifies that the matter in controversy is not the subject of any other pending o contemplated judicial or arbitration proceeding. Plaintiff is no currently aware of any other parties that should be joined in this action.
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:25-4, plaintiff designates David Avedissian Esquire, as trial counsel in this matter.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury.
David A. Avedissian, Esquire Attorney for Plaintiff
