VIRGINIA: IN THE CIRCUIT COURT OF LOUDOUN COUNTY ZOYA INVESTMENTS, LLC, ET AL. Plaintiffs, CASE NO. CL 00113084-00 ROBERT E. KENNER, JR., ET UX. Defendants. PRAECIPE The Clerk of the Circuit Court will please take notice that on the 10" day of April, 2018, the Plaintiffs, ZOYA INVESTMENTS, LLC, et al, by counsel, served by U.S. Mail, postage prepaid, Requests for Admission, Interrogatories and Requests for the Production of Documents, on Robert E. Kenner, Jr. and Amy C. Kenner, 15651 Limestone Branch Place, Leesburg, Virginia 20176, and attached a copy of this Praecipe thereto. RESPECTFULLY SUBMITTED this 10" day of April, 2018. ZOYA INVESTMENTS, LLC NORTH STAR PROPERTIES LLC BELMONT REAL ESTATE LLC By Counsel Forrest E. White, Esq. VSB No. 46499 Forrest E. White, P.C. + 4 Loudoun Street, SE 703 73 Fax 703 777-9802 forrestwhite@ forrestewhitepe.com Counsel for the PlaintiffsVIRGINIA: IN THE CIRCUIT COURT OF LOUDOUN COUNTY ZOYA INVESTMENTS, LLC, ET AL. Plaintiffs, CASE NO. CL 00113084-00 v ROBERT E. KENNER, JR., ET UX. Defendants. SERVE: Robert E. Kenner, Jr. Amy C. Kenner 15651 Limestone Branch Place Leesburg, Virginia 20176 REQUESTS FOR ADMISSIO COME NOW Plaintiffs, ZOYA INVESTMENTS, LLC, et al, by counsel, to Rule 4:11 of the Rules of the Supreme Court of Vi and requests Defendants, ROBERT E. KENNER, JR, and AMY C. KENNER, for the purpose of the pending action, to admit the truth of the following statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in this request, 1, Admit that Plaintiffs have not authorized you to remain in 15651 Limestone Branch Place, Leesburg, Vii 20176 (the “Property”) and have on numerous occasions asked Defendants to vacate RESPONSE:2. Admit that you have refused and failed to vacate the Property. RESPONSE: 3. Admit that you do not have ay lease authorizing you to occupy the Property. RESPONSE: 4, Admit that you pay no rent to occupy the Property and have no mortgage obligation. RESPONS! 5. Admit that your ownership interest in the Property and right of possession thereto was extinguished by the foreclosure sale of the Property on September 29, 2017. RESPONS! 6. Admit that you are living in the Property and are not making any mortgage payments, paying any rent and have no legal obligation for the payment of real estate taxes ot homeowners association dues. RESPONSE:7. Admit that Plaintiffs are entitled to some compensation for allowing you to live in the Property making any mortgage payments, paying any rent and without legal obligation for the payment of real estate taxes, RESPONSE: ZOYA INVESTMENTS, LLC NORTH STAR PROPERTIES LLC BELMONT REAL ESTATE LLC By Counsel Forrest E. White, Esq. VSB No. 46499 /Forrest E. White, P.C. 4 Loudoun Street, SE Leesburg, Virginia 20175 703 737-3770 Fax 703 777-9802 forrestwhite@forrestewhitepe.com Counsel for the Plaintiffs ificate of Service I, the undersigned counsel for the Plaintiffs, hereby certify that a true copy of the foregoing was served via first-class mail, postage prepaid, this 10" day of April, 2018, upon Defendants at 15651 Limestone Branch Place, Leesburg, Virginia 20176,VIRGINIA: IN THE CIRCUIT COURT OF LOUDOUN COUNTY ZOYA INVESTMENTS, LLC, ET AL. Sifts, CASE NO. CL 00113084-00 ROBERT E. KENNER, JR., ET UX. Defendants. SERVE: Robert E. Kenner, Jr. Amy C. Kenner 15651 Limestone Branch Place Leesburg, Virginia 20176 PLAINTIFFS? FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION TO DEFENDANTS ROBERT E. KENNER, JR. AND AMY C. KENNER COME NOW Plaintiffs, ZOYA INVESTMENTS, LLC, et al, by counsel, pursuant to Rules 4:8 and 4:9 of the Rules of the Supreme Court of Virginia, and propounds the following Interrogatories to Defendants, ROBERT E. KENNER, JR. and AMY C. KENNER, sworn responses to which are due within 21 days from the date of service, and Requests for Production, responses to which are due within 21 days from the date of service. INSTRUCTIONS 1, Where the identity of a person is requested, indicate the full name, home address and telephone number, and business address and telephone number of each person. 2. Where knowledge of information in possession of a party is required, such request includes knowledge or information of the party's officers, agents, director, employees, and, unless privileged, attorneys, or which may be obtained from all available sources of information within the party’s custody or control 3. These Interrogatories and Requests for Production are continuing in character so as to require you to file supplementary answers as soon as you abtain further or different information afrom that set out in your initial answers. 4, For each of the Definitions set out below, the singular form of the defined term includes the plural and the plural form also includes the singular. 5. Each subpart of an Interrogatory or Request for Production should be separately answered, Interrogatories or Requests or subparts thereof should not be combined for the purpose of supplying a common answer. An answer should not be supplied by reference to the answer to another Interrogatory or Request or subpart unless the answer is completely identical to the answer to which reference is made. 6. Where knowledge or information in your possession is requested, state the name, the address and title of the person supplying the information and/or making the affidavit, and the source of his information, 7. Ifyou exercise your option under Rule 4:8(g) of the Rules of the Supreme Court of Virginia to produce business records in lieu of responding to any Interrogatory, the following procedure is to be followed: (2) In response to each such Interrogatory, state: () the identity of each record containing the answer; Gi) for each record, whether other copies are presently in existence and if so, identify (1) location of other copies by stating the name(s) of the file(s) in which they are kept and (2) each person who received copies thereof; i and if'so, for each record, identify (1) each file in which a copy was maintained, )) for each record, whether other copies were at any time in existence (2) the dates during which such record was in existence, (3) the circumstances under which such record was in existence, (4) each person having knowledge of the circumstances under which such record ceased to exist and (5) each person who received copies thereof; and (iv) The identity of each person which reviewed such documents, (b) In producing such records, produce them separately and designate the Interrogatory and Interrogatories to which such records responds), as well as the identification of the file(s) from which the documents were segregated.8. Should you claim privilege for any document(s) about which information is requested, describe each document in the manner below indicated and, in addition, indicate that you claim privilege therefore and state the ground on which the claim of privilege rests: (@) _thetitle, heading or caption of each document, if any; (b) the identifying number(s), letter(s), or combination thereof, if any, and the significance or meaning of such number(s), letter(s), or combination thereof: (c) the date appearing on each document and if no date appears thereon, the answer shall so state and shall give the date or approximate date on which each document vwas prepared: (@) the general nature or description of each document (e., whether it is a letter, memorandum, minutes of a meeting, etc.) and the number of pages of which it consists (©) the identity of the person who signed each document, and if it was not signed, the answer shall so state and shall give the identity of each person(s) who prepared it; (0) the identity of each person to whom each document was addressed and the identity of each person to whom a copy thereof was sent; and (e) the lentity of each person who has custody of a copy of each such document. 9, Should you claim that any communications about which information is requested are privileged from dis¢losure, state the ground on which the claim of privilege rests and deseribe cach communication in the manner below indicated: (a) the date of the communication; (b) the identity of each participant; (©) the place(s) where the communication occurred; (d) the general nature of the communication; and (©) the identity of each document which refers or relates to the communication.DEFINITIONS 1. Capitalized terms shall have the same definition as set forth in the Motion for Judgment. 2. “Document” or “documents” includes all paper material of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise, whether written, typed, printed, punched, filmed or marked in any w recording tapes, wires or dises: e-mail, film or microfilm, photographs, movies, of any graphic matter, however produced or reproduced; all mechanical or electronic sound recordings of transcripts thereof, and data processing records; of any nature whatsoever, whether or not in your possession, custody or control. By way of illustration, and not by way of limitations, the above defi ition of documents would include letters and other correspondence, memoranda or oral conferences, memoranda of telephone calls, memoranda of agreements, diaries, statistics, telegrams, written instructions (whether formal or informal), reports, studies, telephone logs, message slips, checks, statements, receipts, summaries, pamphlets, e-mail, books. notes, minutes, business books and records of all types, invoices, bulletin: computer printouts, teletypes, telefax, ledgers, contracts, commercial paper, agreements, offers, worksheets, documents of title, notices, demands, security instruments, and all documents, instruments and items contemplated by the Uniform Commercial Code, and all drafts, alterations, modifications, changes, and amendments of any of the foregoing. 3. “Identify” or “identification” when used in reference to a natural person, means to state his full name, present or last known home address and telephone number, if known, present or last known business address and telephone number, if known and his present or last known position and business affiliation. If for any natural person so identified, any of the above information was different at the time with which a particular interrogatory is concer, supply both current information and such different information as applied to the time in question. 4. (hereinafter collectively called “act”) means to describe the substance of the event constitu \dentify” or “identificatio * when used with respect to an act, occurrence or conduct ng such act, state the date on which such act occurred, identity all persons participating in the act, identify all persons present when such act occurred, identify all persons participating in the act, identify all persons present when such act occurred, identity any documents which refer or relate “ato the act, and identify all persons having possession, custody or control of each such document. 5. “Identification” or “identify” when used: (a) h reference to a document which exists and is currently in the possession of you or your attorneys, means to state a description of the type of documents (e.g, letter, invoice, report) identification of the author, date of writing, creation or publication, identification of each person(s) for whom the document was prepared, and to whom it was delivered, mailed or otherwise received, and the present custodian and current location of that document, and any other means of identifying particularity to meet the requirements for inclusion in a Request for Production of Documents pursuant to Rule 4:9 of the Rules of the Supreme Court of Virginia. (b) with reference to a document known to have existed but no longer existing, the information required in subpart (a) above, its last known custodian, and the date on which and the circumstances under which the document was lost, destroyed or otherwise became unavailable; (c) with reference to a document once in the possession of you or your attorneys but no longer in their possession, the information required in subparts(a) and (b) above, the date on which and the circumstances under which the document was disposed of, destroyed, surrendered or otherwise left the possession of you ot your attorneys. the identification of its present custodian and location of such documents. y be annexed to In lieu of identifying any document, a true and correct copy thereof may and incorporated in your answers to these interrogatories, 6, “Identify” or “identification” when used in reference to an oral communication means to state the date, identification of each person involved, the substance thereof, the method of such communication (¢.g., in person, by telephone, etc.) and the identification of each document which refers or relates thereto.INTERROGATORI 1. Identify all persons known or believed by you to have relevant knowledge of the facts of this case, and summarize the knowledge each such person is believed to possess, and identify which of these persons you intend to call at trial ANSWER: 2. Identify each person you intend to call as an expert or opinion witness, and for cach such person, (a) the subject matter on which the expert is expected to testify, (b) the substance of the faets and opinion to which the expert is expected to testify, (c) a summary of the ‘grounds for cach opinion and (d) a summary of the expert’s qualifications, background or experience relative to their area of expertise, ANSWER: 3. Identify each person who provided information used in the preparation of the answers to the Interrogatories, and detail the matters on which each such person has personal knowledge. ANSWER: 4, Identify all documents of which you are aware that relate to the allegations in the in the Complaint and your Answer, and detail the location and custodian of cach such document. ANSWER:5. Detail the facts that form the basis of your denial of the allegation of paragraph 8 of the Complaint that “Defendants” interest in the property was foreclosed upon on September (017 and Plaintifi’s were the high bidder and purchased the Property at the foreclosure sale.” ANSWER: 6. Detail the facts that form the basis of your denial of the allegation of paragraph 10 of the Complaint that “Plaintiffs have not authorized Defendants to remain in the Property and have on numerous occasions asked Defendants to vacate.” ANSWER: 7. Detail the facts that form the basis of your denial of the allegation of paragraph 11 of the Complaint that “Defendants have refused and failed to vacate the Property despite not having any lease, ownership interest or any other legal right to occupy the Property.” ANSWER: 8. Detail the facts that form the basis of your denial of the allegation of paragraph 18 of the Complaint that “Defendants” ownership interest in the Property and right of possession thereto was extinguished by the foreclosure sale of the Property on September 29, 2017.” ANSWER: 9. Detail the facts that form the basis of your denial of the allegation of paragraph 19 of the Complaint that “Defendants are in possession of the Property without the consent ofPlaintiffs who are the record title owners and who are justly entitled to the possession thereof.” ANSWER: 10. Detail the facts that form the basis of your denial of the allegation of paragraph 22 of the Complaint that “Plaintiffs, as record title owners of the Property, have conferred upon Defendants the benefit of living in the Property without making any mortgage payments, pay any rent and without legal obligation for the payment of real estate taxes.” ANSWER: 11, Detail the facts that form the basis of your denial of the allegation of paragraph 23 of the Complaint that “Prior to the foreclosure of the Property, Defendants were responsible for making mortgage payments and paying real estate taxes, knew the specific costs therefor and should have reasonably expected to pay Plaintiffs in order to continue occupying the Property.” ANSWER: 12, Detail the facts that form the basis of your denial of the allegation of paragraph 24 of the Complaint that “It is unreasonable for Defendants to expect that they can continue to oceupy and possess the Property without just compensation to Plaintiffs.” ANSWER:13. Detail the facts that form the basis of your denial of the allegation of paragraph 25 of the Complaint that “Defendants have accepted and retained the benefit conferred by Plaintifis without paying for its value. ANSWER: 14. Describe in full, the status of your efforts to invalidate the foreclosure sale of 15651 Limestone Branch Place, Leesburg, Virginia 20176. ANSWER: 15. Identify all expenditures made by you for the payment of Loudoun County real estate taxes, homeowners association dues and any other assessments against 15651 Limestone Branch Place, Leesburg, Virginia 20176 since October 1, 2017. ANSWER: 16. Identify all expenditures made by you for the payment of rent or any mortgage obligation, and for real property insurance for 15651 Limestone Branch Place, Leesburg, Virginia 20176 since October 1, 2017.REQUESTS FOR PRODUCTION 1. All documents referenced or relied upon in preparing your responses to the Interrogatories. 2. All documents you identified in your responses to the Interrogatories. 3. All documents referred to, relating to, or in any way concerning the basis for all denials of any allegations in the Complaint. 4. All recorded statements taken from each witness identified in response to Interrogatory #1 5. All reports or any other correspondence with respect to the subject mater of this suit from cach expert identified in response to Interrogatory #2, 6. Accurriculum vitae from each expert witness identified in response to Interrogatory #2. 7. All documents relating to, or in any way concerning any lawsuit initiated by you against your former mortgage company, trustees or mortgage servicing company. 8 All documents relating to, or in any way concerning any mortgage loss mitigation package prepared and submitted by you. 9. All documents or tangible items you intend to introduce or display at trial. Respectfully submitted, ZOYA INVESTMENTS, LLC NORTH STAR PROPERTIES LLC BELMONT REAL ESTATE LLC By Counsel ee ‘orrest E. White, Esq. VSB No. 46499 Forrest E. White, P.C. 4 Loudoun Street, SE Leesburg, Virginia 20175 703 737-3770 Fax 703 777-9802 Jorrestwhite@forrestewhitepe.com Counsel for the Plaintiffs “10+ificate of Service 1, the undersigned counsel for the Plaintiffs, hereby certify that a true copy of the foregoing was served via first-class mail, postage prepaid, this 10" day of April, 2018, upon Defendants at 15651 Limestone Branch Place, Leesburg, Virginia 20176. ue