Preview
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
EXHIBIT 6
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
CCOAMINI SUPREMECOURT - STATE OF NEW YORK DATE: 10/05/2021
INDEX NO: 108345 2003 NEW YORK COUNTY CLERK TIME: 11:47:17
PURCHASE: 05072003 CIVIL INDEX MINUTE BOOK INQUIRY
PLAINTIFF NAME: DUFFY CANDICE INF DEFENDANT NAME: PETAK RICHARD H
ATTORNEY: UNKNOWN ATTORNEY: UNKNOWN
SEQ DATE MINUTES
0001 05072003 SUMMONSAND COMPLAINT
0001 05132003 AFFIDAVIT OF SERVICE
0001 06102003 ANSWER
0001 02022005 STIPULATION OF DISCONTINUANCE
PAGE - 1
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
Supreme Court of the State of New York
of New York Index No.
County
Date Purchased:
designate(s)0 310
CANDICE DUFFY, an Infant by her Parent Plaintiff(s)
CHERI PIERSON, CHERI PIERSON New York
County as the place of trial
The basis of the venue is:
Plaintiffs Defendant's residence and some of the causes
of action occurred therein
-against-
Summons
RICHARD H. PETAK
Plaintiff(s) reside(s) at
Defendant
4103 Chatham Court
Wayne, New Jersey 07471
To the above named Defendant(s)
You are hereby summoned to answer the complaint in this action and to se egopyÓ
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the
Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete ifthis summons is not personally delivered to you within the State
of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for
the relief demanded in the complaint.
William J. Unroch
Dated: 5/6/03
Attorney For Plaintiff
140 West End Avenue, Suite 30B
New York, New York 10023
212 - 496 - 9280
Fax No. 212 - 496 - 9330
Defendants'
address:
124 Hudson Street, Apt. 4B, New York, New York 10013
Notice: The nature of this action is; SEE ATTACHED COMPLAINT
The relief sought is: SEE ATTACHED COMPLAINT
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
aupreme Court of the State of New York
County of New York
CANDICE DUFFY, an Infant by her Parent
CHERI PIERSON, CHERI PIERSON
Index No.
Plaintiff(s)
VERIFIED COMPLAINT
-against-
RICHARD H. PETAK
Defendant(s)
The plaintiffs through their attorney, William J. Unroch, complÎli of t)f defendants, hereby alleges as
follows:
BACKGROUND
1- That at alltimes hereinafter mentioned the plaintiffs were and still are residents of New
Wayne, Jersey
2- That upon information and belief at all times hereinafter mentioned the defendant Richard H. Petak was a
resident of the State of New York, City of New York, and County of New York.
3- That Plaintiff Cheri Pierson is the mother of the infant plaintiff Candice Duffy.
4- That on or about 2002 Plaintiff Cheri Pierson began defendant Richard H. Petak
May dating
5- That defendant claimed he wanted to take care of plaintiff Pierson and her 17 year old daughter plaintiff
Candice Duffy.
6- That defendant was a businessman who showered plaintiffs with and
wealthy gifts, vacations, shopping
sprees over several months and repeatedly told plaintiffs he would take care of them and make a great
stepfather for Candice Duffy and attempted to act as plaintiff Candice Duffy's surrogate father. That
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
defendant acted as a father figure to plaintiff infant Candice Duffy in order to gain her trust and
intentionally
love.
7- That plaintiff infant Candice became attached to defendant and began to view him as a
Duffy emotionally
stepfather and protector.
8- That defendant set an irrevocable college fund for plaintiff infant Candice and made a $20,000 gift
up Duffy
to that fund to be used for plaintiff Candice Duffy's education.
9- That after a few months it became apparent to plaintiffs that defendant was addicted to alcohol and
severely
cocaine and frequently went into violent rages.
10- That as the months passed defendant went berserk and became violent and and
frequently physically
emotionally abusive to plaintiff Cheri Pierson as a result of alcohol and cocaine induced binges. During
these drug induced binges defendant often passed out and did not remember his behavior the next day.
11- his alcohol and addiction and periodic fits of rage and frequent blackouts defendant
Notwithstanding drug
Petak continued to fly his own plane as a license pilot and demand that plaintiffs go on flying trips with him.
12- his alcohol and addiction and periodic fits of rage defendant Petak maintained a New
Notwithstanding drug
York City gun permit and often threatened plaintiff Cheri Pierson with physical harm and was verbally and
physically abusive leaving plaintiff in a state of shock and terror for her safety and the safety of her daughter
Candice Duffy.
13- That defendant threatened plaintiff Cheri Pierson and was abusive to her on several
frequently physically
occasions
14- That as a result of the violent and bizarre behavior of defendant Plaintiff Pierson attempted to break off her
relationship with defendant.
15- That plaintiff Pierson's attempt to terminate her romantic with defendant put defendant into a
relationship
violent state of rage and resulted in defendant engaging in a vicious course of intentional conduct designed
to inflict severe emotional distress and shock to plaintiffs and was designed to destroy plaintiffs lives and
business.
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
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FIRST CAUSE OF ACTION ON BEHALF OF THE INFANT PLAINTIFF CANDICE
DUFFY FOR THE INTENTIONAL INFLICTION OF SEVERE EMOTIONAL
DISTRESS
15- Plaintiffs repeat and realleges each and allegation above.
every
16- That on the of 25, 2003 thru February 26, 2003 defendant in a violent
evening Tuesday February Wednesday
rage called the infant plaintiff Candice Duffy who was home alone on her cell phone numerous times between
9:00PM and 300AM screaming
Candice it's Rick - I justleft South End Avenue - 3 guys were your mother - at the World
"Hey fucking
Trade Center - 3 guys were your mother - I hope that doesn't happen to you. This is so sick - so sick -
fucking
you"
3 guys fucking your mother. I hope that doesn't happen to
"Candice - do me a favor - girlfriend Christy's in tomorrow - tellyour mom good
my Christy coming
luck good luck be well - tell her to e-a-1-1 me ...she was at some whore house last night
stop ing fucking
fucking men men fucking men fucking men. Can you believe it? Russian men shhhh ubhggg uhhhggg She
should be ashamed of herself just for crack cocaine - friend Christy's in tomorrow -
fucking anyway my coming
from Sweden and I love her she's blond and blue eyed and beautiful - I have beautiful pictures of you and your
friends - L-O-V-E you! Bye.
17- That defendant's remarks were false and malicious and were so extreme and outrageous that they
transcended the bounds of decency as to be regarded as atrocious and intolerable in a civilized society
18- That itwas the intent of defendant to inflict severe emotional distress and shock on the infant plaintiff
Candice Duffy.
18- That as a result of the aforesaid the plaintiff infant Candice was put into a state of severe
Duffy shock, fear,
severe emotional distress, and severe depression as a result of defendant's false, malicious, and defamatory
remarks to her about her mother who she was very close with and loved.
20- That as a result of the aforesaid plaintiff infant Candice suffered and continues to suffer from severe
Duffy
physical pain, emotional distress, emotional trauma, nightmares, shock to her nervous system, and has suffered
various and severe injuries to various and diverse parts of her body. She expects to incur future expenses for
therapy and treatment for her injuries and expects to incur future pain and suffering for the foreseeable future
and upon information and belief her physical and psychological injuries are permanent in nature.
21- That defendant's conduct was malicious and intentional and therefore plaintiff infant is entitled to punitive
damages in addition to compensatory damages.
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
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22- Wherefore Plaintiff Infant Candice Duffy by her Parent Cheri Pierson demands judgment against defendant
Richard H. Petak in an amount of TEN MILLION DOLLARS ($10,000,000.00) as and for a first cause of
action for the Intentional Infliction of Severe Emotional Distress.
SECOND CAUSE OF ACTION ON BEHALF OF INFANT PLAINTIFF CANDICE DUFFY FOR
CONVERSION
23- Infant Plaintiff Candice repeats and realleges each and allegation set forth above.
Duffy every
24- That defendant made an irrevocable gift of $20,000 to plaintiff infant as a college fund.
25- That defendant and without of plaintiff took back his gift of $20,000 to
wrongfully authority belonging
plaintiff and converted the money for his own use.
26- Defendant has refused to return the money.
27- Wherefore Plaintiff Infant Candice her Parent Cheri Pierson is entitled to a judgment against
Duffy by
defendant Richard H. Petak in the amount of Twenty Thousand Dollars ($20,000.00) as and for a second cause
of action for Conversion.
THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF CHERI PIERSON FOR ASSAULT AND
BATTERY WHILE ON VACATION IN ST. LUCIA
28- Plaintiff repeats and realleges each and allegation set forth above.
every
29- That defendant took plaintiff Cheri Pierson on a vacation to St. Lucia on or about September 2002.
30- That while in a hotel room defendant in a drunken rage began and at plaintiff. He
threatening screaming
then violently threw plaintiff to the floor causing plaintiff to strike her head and shoulder on the hard concrete
floor.
31- That reason of the Plaintiff Cheri became and
solely by foregoing, Pierson, sick, sore, lame, bruised,
disabled, received severe and serious injuries in and about diverse parts of her person, experienced great pain
and suffering, and continues to suffer from said injuries; and that the plaintiff has been informed and verily
believes that said injuries are of a permanent nature; and Plaintiff, Cheri Pierson, is and will be incapacitated for
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
a period of and the plaintiff was compelled to and did seek medical aid, attention, treatment, and care,
long time;
and will in the future require such medical aid, treatment and care; and Plaintiff Cheri Pierson, was
incapacitated from attending to her usual duties and occupation, and plaintiff will, in the future, be so
incapacitated and in other ways did sustain loss of diverse sums of money.
32- Wherefore Plaintiff Cheri Pierson demands judgment against defendant Richard H. Petak in the amount of
Five Hundred Thousand Dollars ($500,000.00) as and for a third cause of action for assault and battery
FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF CHERI PIERSON FOR BREACH OF
CONTRACT
33- Plaintiff repeats and realleges each and allegation set forth above.
very
34- That as a result of the aforesaid incidents described herein Plaintiff Cheri Pierson advised defendant that
she no longer wished to see him, that she was fearful that he would hurt her and her daughter Candice Duffy,
and that she planned to move to California with her daughter and follow employment opportunities.
35- That in consideration for plaintiff in the with him and to induce plaintiff not to move
continuing relationship
to California defendant entered into a contract with plaintiff on September 27, 2002 annexed hereto as exhibit
A. Based upon the terms of that contract plaintiff Cheri Pierson agreed not to move to California and agreed to
continue seeing the defendant socially.
36- That under the terms of the contract defendant agreed to treat the plaintiff with "love and respect at all
hit"
times", not to "restrain, push, or her, agreed to give her $20,000, and agreed to give plaintiff $500,000.00 if
their was any "physical abuse".
37- That defendant breached the contract between the parties Plaintiff on various
by physically abusing
occasions thereafter. by cursing, pushing, shoving, twisting plaintiffs arms and body, restraining the plaintiff,
and refusing to give plaintiff the $20,000.00 he promised her.
38- WHEREFORE Plaintiff demands judgment against defendant in an amount of FIVE HUNDRED AND
TWENTY THOUSAND DOLLARS ($520,000.00) as and for a fourth cause of action for Breach of Contract.
FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF CHERI PIERSON FOR SLANDER
39- Plaintiff Cheri Pierson repeats and realleges each and allegation set forth above.
every
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
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40- That defendant stated the following defamatory remarks to plaintiff's teenage daughter Candice Duffy on
her answering machine which plaintiff infant Candice Duffy listened to and in several telephone conversations
with Candice on the evenings of 2003 - 2003:
Duffy February 25, February 26,
Candice it's Rick - I just left South End Avenue - 3 guys were your mother - at the World
"Hey fucking
Trade Center - 3 guys were your mother - I hope that doesn't happen to you. This is so sick - so sick -
fucking
you"
3 guys fucking your mother. I hope that doesn't happen to
"Candice - do me a favor - girlfriend Christy's in tomorrow - tellyour mom good
my Christy coming
luck good luck be well - tellher to c-a-1-1 me ... she was at some whore house last night
stop ing fucking
fucking men men fucking men fucking men. Can you believe it? Russian men shhhh uhhggg ubhhggg She
should be ashamed of herself just for crack cocaine - friend Christy's in tomorrow -
fucking anyway my coming
from Sweden and I love her she's blond and blue eyed and beautiful - I have beautiful pictures of you and your
friends - L-O-V-E you! Bye.
41- That the remarks were slander per se and implied that plaintiff Cheri Pierson was a prostitute, promiscuous,
and a woman of low moral character who engaged in sexual activity with various men
42- That the remarks were false and made with malice.
43- That defendant's remarks were slander per se and a violation of New York State Civil Rights Law Section
77.
44- The publication of these and statements were intended to defame
false, misleading, disparaging defamatory
plaintiff Cheri Pierson, and did defame Cheri Pierson, and was intended to, and did hold Ms. Pierson in a false
light to her daughter and others
45- The publication of these and statements were intended and did
false, misleading, disparaging defamatory to,
cause substantial harm to plaintiff Cheri Pierson's personal and professional reputation.
46- The publication of these and statements also caused plaintiff
false, misleading, disparaging defamatory
Cheri Pierson to suffer loss of reputation, shock, emotional distress, embarrassment and personal humiliation.
47- Wherefore Plaintiff Cheri Pierson demands judgment against defendant Richard H. Petak in an amount of
Five Million Dollars ($5,000,000.00) as and for a fifth cause of action on behalf of plaintiff Cheri Pierson for
stander.
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
SIXTH CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF CHERI PIERSON FOR TORTIOUS
INTERFERENCE WITH BUSINESS
48- Plaintiff repeats and realleges each and allegation set forth above.
every
49- That defendant attempted to sabotage plaintiff's business. That defendant contacted of plaintiff's
many
business associates and advised them that plaintiff was useless and not a good person to do business with, broke
into plaintiff's computer files, and broke into plaintiff's commercial website and illegally changed plaintiff's
password, illegally obtained plaintiff's credit card information, and illegally attempted to gain control of
plaintiff's website in order to destroy her business
50- Wherefore Plaintiff Cheri Pierson demands judgment against defendant Richard H. Petak in an amount of
One Million Dollars ($1,000,000.00) as and for a sixth cause of action for the tortuous interference with
business.
SEVENTH CAUSE OF ACTION BY PLAINTIFF CHERI PIERSON FOR ASSAULT AND THE
INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DISTRESS
51- That plaintiff repeats and realleges each and allegation set forth above.
every
52- That on or about the evenings of 2003 - 2003 defendant called plaintiff Cheri
February 25, February 26,
Pierson over 70 times despite her protests to stop calling. He stated that he would killher, punch her in the ribs,
wipe the floor with her, and that if he couldn't have her "no one else will have you". He stated he would make
sure plaintiff was destroyed and that he would kill her with his bare hands when he saw her. He also stated that
he would destroy her business, that she was a whore, prostitute, and various other threats and obscenities a
portion of which were recorded and is annexed hereto and made a part hereof as a exhibit B.
53- Defendant's threats were intentional and designed to harass and shock plaintiff Cheri put her in
Pierson,
immediate fear of being beaten and killed by defendant and put her into a state of extreme emotional distress.
That defendant's remarks were false and malicious and were so extreme and outrageous that they transcended
the bounds of decency as to be regarded as atrocious and intolerable in a civilized society
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
54- That as a result of defendant's threats and harassment plaintiff was put into a state of severe and extreme
emotional distress and shock for her safety and welfare and was in a constant state of fear that defendant was
coming to beat her up and kill her.
55- That as a result of the aforesaid plaintiff Cheri Pierson suffered and continues to suffer from severe physical
pain, emotional distress, emotional trauma, nightmares, shock to her nervous system, and has suffered various
and severe injuries to various and diverse parts of her body. She expects to incur future expenses for therapy and
treatment for her injuries and expects to incur future pain and suffering for the foreseeable future and upon
information and belief her physical and psychological injuries are permanent in nature. That she remains in a
constant state of fear and terror that defendant will harm her and has been forced to seek a restraining notice to
keep defendant away from her.
56- Wherefore Plaintiff Cheri Pierson demands judgment against defendant Richard H. Petak in an amount of
Five Million Dollars ($5,000,000.00) as and for a seventh cause of action for assault and the intentional
infliction of severe emotional distress.
WHEREFORE Plaintiffs demands judgment against defendant in an amount of Ten Million Dollars
($10,000,000.00) on behalf of the infant plaintiff Candace Duffy on the First Cause of Action for the intentional
infliction of severe emotional distress, Twenty Thousand Dollars ($20,000.00) on the second cause of action on
behalf of the infant plaintiff Candace Duffy for conversion, Five Hundred Thousand Dollars ($500,000) on
behalf of plaintiff Cheri Pierson on the third cause of action for Assault and Battery, Five Hundred and Twenty
Thousand Dollars ($520,000.00) on the fourth cause of action on behalf of plaintiff Cheri Pierson for breach of
contract, Five Million Dollars ($5,000.000.00) on behalf of plaintiff Cheri Pierson on the Fifth Cause of Action
for Slander, One Million Dollars ($1,000,000.00) on behalf of plaintiff Cheri Pierson on the Sixth Cause of
Action for Tortuous Interference with Business, Five Million Dollars ($5,000,000.00) on behalf of plaintiff
Cheri Pierson on the Seventh Cause of Action for Assault and the Intentional Infliction of Severe Emotional
Distress with interest from February 25, 2003 together with the costs and disbursements of this action.
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
William J. Unroch
Attorney for Plaintiff
140 West End Avenue, Suite 30B
New York, New York 10023
212 - 496 - 9280
Fax No. 212 - 496 - 9330
VERIFICATION
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss
Cheri Pierson, residing at 4103 Chatham Court. Wayne, New Jersey 07470 being duly sworn deposes and says:
That I have read the aforesaid complaint. The same is true as to all matters stated therein except as to those
stated upon information and belief and as to those I believe them to be true. The source of my information and
belief is my records and investigation of the facts and circums s surroun this matter.
Dated: May 6, 2003
Cheri Pierson
WILL UNROCH
NOTARY NEW YORK STATE
NO. 02UN5020535
QUALIFIED NEW YORK COUNTY
EXPIRES 11/22/005
--
..
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
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FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022
EXHIBIT B
Feb 26 2:43 AM Christy you go Chris - never mind State of the Art, State of the Art
State of the Art Babe
Feb. 26 4:32 AM Hey Babe - hope you enjoyed the Russians on Battery Park doing a
littlemore crack cocaine - are you a good time - cause that's what told me
having they
you broke heart you broke heart. T guess it's time - she's not a skank
my really my Amy
like you - You're on your own - You called me you called me you called me - It's 6:00
in the I have to get at 5 - you have to come home I saw your car East End um
morning up
West End - you're such a cunt and whore all you want to do is come. I feel
fucking
really bad for you what was itGilmore day? I really feel bad for you I really feel bad for
you. Cause no more the hard to understand - he's
((((very drunk!))))
I thought you would be a good girl - so you know what - sue me - sue me what you did
what you did what you did what you did - and this tells me your a girl
guy fucking
a you can't talk to me - you're such a cunt - oh God - you're a whore -
fucking guy
you're a whore - you're a whore - you're a whore - you're a whore.
Feb. 26, 4:38 AM 917-375-2818 Hey Hooker Baby
- How was the Gilmore Girls -
James and I are plans to go to Las Vegas - I'm to be the best man
Listen, making going
and I don't want you to go - I'm to go with and or can you Christie -
going Amy say
You're a loser (8 You're a crack head - I feel bad for you you're
times) really hooking
in park - guys in park - you should be ashamed of yourself and
battery fucking battery
you - your mother should know You're out of life - I'll leave your jacket
only my
downstairs like carol said you're garbage - you won't be of the magazines
any any any
because you're a loser and a hooker - you're a piece of shit
Feb. 26, 4:42 AM 917-375-2818 Just like the Russian told me in Battery Park you're in a
Bodega - and you can't answer the phone - you'll get no from me - I
Fucking money
hope you got a lot of - fuck times over - the word - you're a
money (many fuck) Yelling
loser.
Feb 26. 4:50 AM from 212-941-0964 Duration 1 min 10 sec. Dummy Dummy Dummy
for the Russian Mafia Hooker - for -
Dummy Working anything money money money
- times - you're a whore I
Preview
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 EXHIBIT 6 FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 CCOAMINI SUPREMECOURT - STATE OF NEW YORK DATE: 10/05/2021 INDEX NO: 108345 2003 NEW YORK COUNTY CLERK TIME: 11:47:17 PURCHASE: 05072003 CIVIL INDEX MINUTE BOOK INQUIRY PLAINTIFF NAME: DUFFY CANDICE INF DEFENDANT NAME: PETAK RICHARD H ATTORNEY: UNKNOWN ATTORNEY: UNKNOWN SEQ DATE MINUTES 0001 05072003 SUMMONSAND COMPLAINT 0001 05132003 AFFIDAVIT OF SERVICE 0001 06102003 ANSWER 0001 02022005 STIPULATION OF DISCONTINUANCE PAGE - 1 FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 Supreme Court of the State of New York of New York Index No. County Date Purchased: designate(s)0 310 CANDICE DUFFY, an Infant by her Parent Plaintiff(s) CHERI PIERSON, CHERI PIERSON New York County as the place of trial The basis of the venue is: Plaintiffs Defendant's residence and some of the causes of action occurred therein -against- Summons RICHARD H. PETAK Plaintiff(s) reside(s) at Defendant 4103 Chatham Court Wayne, New Jersey 07471 To the above named Defendant(s) You are hereby summoned to answer the complaint in this action and to se egopyÓ your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. William J. Unroch Dated: 5/6/03 Attorney For Plaintiff 140 West End Avenue, Suite 30B New York, New York 10023 212 - 496 - 9280 Fax No. 212 - 496 - 9330 Defendants' address: 124 Hudson Street, Apt. 4B, New York, New York 10013 Notice: The nature of this action is; SEE ATTACHED COMPLAINT The relief sought is: SEE ATTACHED COMPLAINT FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 aupreme Court of the State of New York County of New York CANDICE DUFFY, an Infant by her Parent CHERI PIERSON, CHERI PIERSON Index No. Plaintiff(s) VERIFIED COMPLAINT -against- RICHARD H. PETAK Defendant(s) The plaintiffs through their attorney, William J. Unroch, complÎli of t)f defendants, hereby alleges as follows: BACKGROUND 1- That at alltimes hereinafter mentioned the plaintiffs were and still are residents of New Wayne, Jersey 2- That upon information and belief at all times hereinafter mentioned the defendant Richard H. Petak was a resident of the State of New York, City of New York, and County of New York. 3- That Plaintiff Cheri Pierson is the mother of the infant plaintiff Candice Duffy. 4- That on or about 2002 Plaintiff Cheri Pierson began defendant Richard H. Petak May dating 5- That defendant claimed he wanted to take care of plaintiff Pierson and her 17 year old daughter plaintiff Candice Duffy. 6- That defendant was a businessman who showered plaintiffs with and wealthy gifts, vacations, shopping sprees over several months and repeatedly told plaintiffs he would take care of them and make a great stepfather for Candice Duffy and attempted to act as plaintiff Candice Duffy's surrogate father. That FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 defendant acted as a father figure to plaintiff infant Candice Duffy in order to gain her trust and intentionally love. 7- That plaintiff infant Candice became attached to defendant and began to view him as a Duffy emotionally stepfather and protector. 8- That defendant set an irrevocable college fund for plaintiff infant Candice and made a $20,000 gift up Duffy to that fund to be used for plaintiff Candice Duffy's education. 9- That after a few months it became apparent to plaintiffs that defendant was addicted to alcohol and severely cocaine and frequently went into violent rages. 10- That as the months passed defendant went berserk and became violent and and frequently physically emotionally abusive to plaintiff Cheri Pierson as a result of alcohol and cocaine induced binges. During these drug induced binges defendant often passed out and did not remember his behavior the next day. 11- his alcohol and addiction and periodic fits of rage and frequent blackouts defendant Notwithstanding drug Petak continued to fly his own plane as a license pilot and demand that plaintiffs go on flying trips with him. 12- his alcohol and addiction and periodic fits of rage defendant Petak maintained a New Notwithstanding drug York City gun permit and often threatened plaintiff Cheri Pierson with physical harm and was verbally and physically abusive leaving plaintiff in a state of shock and terror for her safety and the safety of her daughter Candice Duffy. 13- That defendant threatened plaintiff Cheri Pierson and was abusive to her on several frequently physically occasions 14- That as a result of the violent and bizarre behavior of defendant Plaintiff Pierson attempted to break off her relationship with defendant. 15- That plaintiff Pierson's attempt to terminate her romantic with defendant put defendant into a relationship violent state of rage and resulted in defendant engaging in a vicious course of intentional conduct designed to inflict severe emotional distress and shock to plaintiffs and was designed to destroy plaintiffs lives and business. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 FIRST CAUSE OF ACTION ON BEHALF OF THE INFANT PLAINTIFF CANDICE DUFFY FOR THE INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DISTRESS 15- Plaintiffs repeat and realleges each and allegation above. every 16- That on the of 25, 2003 thru February 26, 2003 defendant in a violent evening Tuesday February Wednesday rage called the infant plaintiff Candice Duffy who was home alone on her cell phone numerous times between 9:00PM and 300AM screaming Candice it's Rick - I justleft South End Avenue - 3 guys were your mother - at the World "Hey fucking Trade Center - 3 guys were your mother - I hope that doesn't happen to you. This is so sick - so sick - fucking you" 3 guys fucking your mother. I hope that doesn't happen to "Candice - do me a favor - girlfriend Christy's in tomorrow - tellyour mom good my Christy coming luck good luck be well - tell her to e-a-1-1 me ...she was at some whore house last night stop ing fucking fucking men men fucking men fucking men. Can you believe it? Russian men shhhh ubhggg uhhhggg She should be ashamed of herself just for crack cocaine - friend Christy's in tomorrow - fucking anyway my coming from Sweden and I love her she's blond and blue eyed and beautiful - I have beautiful pictures of you and your friends - L-O-V-E you! Bye. 17- That defendant's remarks were false and malicious and were so extreme and outrageous that they transcended the bounds of decency as to be regarded as atrocious and intolerable in a civilized society 18- That itwas the intent of defendant to inflict severe emotional distress and shock on the infant plaintiff Candice Duffy. 18- That as a result of the aforesaid the plaintiff infant Candice was put into a state of severe Duffy shock, fear, severe emotional distress, and severe depression as a result of defendant's false, malicious, and defamatory remarks to her about her mother who she was very close with and loved. 20- That as a result of the aforesaid plaintiff infant Candice suffered and continues to suffer from severe Duffy physical pain, emotional distress, emotional trauma, nightmares, shock to her nervous system, and has suffered various and severe injuries to various and diverse parts of her body. She expects to incur future expenses for therapy and treatment for her injuries and expects to incur future pain and suffering for the foreseeable future and upon information and belief her physical and psychological injuries are permanent in nature. 21- That defendant's conduct was malicious and intentional and therefore plaintiff infant is entitled to punitive damages in addition to compensatory damages. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 22- Wherefore Plaintiff Infant Candice Duffy by her Parent Cheri Pierson demands judgment against defendant Richard H. Petak in an amount of TEN MILLION DOLLARS ($10,000,000.00) as and for a first cause of action for the Intentional Infliction of Severe Emotional Distress. SECOND CAUSE OF ACTION ON BEHALF OF INFANT PLAINTIFF CANDICE DUFFY FOR CONVERSION 23- Infant Plaintiff Candice repeats and realleges each and allegation set forth above. Duffy every 24- That defendant made an irrevocable gift of $20,000 to plaintiff infant as a college fund. 25- That defendant and without of plaintiff took back his gift of $20,000 to wrongfully authority belonging plaintiff and converted the money for his own use. 26- Defendant has refused to return the money. 27- Wherefore Plaintiff Infant Candice her Parent Cheri Pierson is entitled to a judgment against Duffy by defendant Richard H. Petak in the amount of Twenty Thousand Dollars ($20,000.00) as and for a second cause of action for Conversion. THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF CHERI PIERSON FOR ASSAULT AND BATTERY WHILE ON VACATION IN ST. LUCIA 28- Plaintiff repeats and realleges each and allegation set forth above. every 29- That defendant took plaintiff Cheri Pierson on a vacation to St. Lucia on or about September 2002. 30- That while in a hotel room defendant in a drunken rage began and at plaintiff. He threatening screaming then violently threw plaintiff to the floor causing plaintiff to strike her head and shoulder on the hard concrete floor. 31- That reason of the Plaintiff Cheri became and solely by foregoing, Pierson, sick, sore, lame, bruised, disabled, received severe and serious injuries in and about diverse parts of her person, experienced great pain and suffering, and continues to suffer from said injuries; and that the plaintiff has been informed and verily believes that said injuries are of a permanent nature; and Plaintiff, Cheri Pierson, is and will be incapacitated for FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 a period of and the plaintiff was compelled to and did seek medical aid, attention, treatment, and care, long time; and will in the future require such medical aid, treatment and care; and Plaintiff Cheri Pierson, was incapacitated from attending to her usual duties and occupation, and plaintiff will, in the future, be so incapacitated and in other ways did sustain loss of diverse sums of money. 32- Wherefore Plaintiff Cheri Pierson demands judgment against defendant Richard H. Petak in the amount of Five Hundred Thousand Dollars ($500,000.00) as and for a third cause of action for assault and battery FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF CHERI PIERSON FOR BREACH OF CONTRACT 33- Plaintiff repeats and realleges each and allegation set forth above. very 34- That as a result of the aforesaid incidents described herein Plaintiff Cheri Pierson advised defendant that she no longer wished to see him, that she was fearful that he would hurt her and her daughter Candice Duffy, and that she planned to move to California with her daughter and follow employment opportunities. 35- That in consideration for plaintiff in the with him and to induce plaintiff not to move continuing relationship to California defendant entered into a contract with plaintiff on September 27, 2002 annexed hereto as exhibit A. Based upon the terms of that contract plaintiff Cheri Pierson agreed not to move to California and agreed to continue seeing the defendant socially. 36- That under the terms of the contract defendant agreed to treat the plaintiff with "love and respect at all hit" times", not to "restrain, push, or her, agreed to give her $20,000, and agreed to give plaintiff $500,000.00 if their was any "physical abuse". 37- That defendant breached the contract between the parties Plaintiff on various by physically abusing occasions thereafter. by cursing, pushing, shoving, twisting plaintiffs arms and body, restraining the plaintiff, and refusing to give plaintiff the $20,000.00 he promised her. 38- WHEREFORE Plaintiff demands judgment against defendant in an amount of FIVE HUNDRED AND TWENTY THOUSAND DOLLARS ($520,000.00) as and for a fourth cause of action for Breach of Contract. FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF CHERI PIERSON FOR SLANDER 39- Plaintiff Cheri Pierson repeats and realleges each and allegation set forth above. every FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 40- That defendant stated the following defamatory remarks to plaintiff's teenage daughter Candice Duffy on her answering machine which plaintiff infant Candice Duffy listened to and in several telephone conversations with Candice on the evenings of 2003 - 2003: Duffy February 25, February 26, Candice it's Rick - I just left South End Avenue - 3 guys were your mother - at the World "Hey fucking Trade Center - 3 guys were your mother - I hope that doesn't happen to you. This is so sick - so sick - fucking you" 3 guys fucking your mother. I hope that doesn't happen to "Candice - do me a favor - girlfriend Christy's in tomorrow - tellyour mom good my Christy coming luck good luck be well - tellher to c-a-1-1 me ... she was at some whore house last night stop ing fucking fucking men men fucking men fucking men. Can you believe it? Russian men shhhh uhhggg ubhhggg She should be ashamed of herself just for crack cocaine - friend Christy's in tomorrow - fucking anyway my coming from Sweden and I love her she's blond and blue eyed and beautiful - I have beautiful pictures of you and your friends - L-O-V-E you! Bye. 41- That the remarks were slander per se and implied that plaintiff Cheri Pierson was a prostitute, promiscuous, and a woman of low moral character who engaged in sexual activity with various men 42- That the remarks were false and made with malice. 43- That defendant's remarks were slander per se and a violation of New York State Civil Rights Law Section 77. 44- The publication of these and statements were intended to defame false, misleading, disparaging defamatory plaintiff Cheri Pierson, and did defame Cheri Pierson, and was intended to, and did hold Ms. Pierson in a false light to her daughter and others 45- The publication of these and statements were intended and did false, misleading, disparaging defamatory to, cause substantial harm to plaintiff Cheri Pierson's personal and professional reputation. 46- The publication of these and statements also caused plaintiff false, misleading, disparaging defamatory Cheri Pierson to suffer loss of reputation, shock, emotional distress, embarrassment and personal humiliation. 47- Wherefore Plaintiff Cheri Pierson demands judgment against defendant Richard H. Petak in an amount of Five Million Dollars ($5,000,000.00) as and for a fifth cause of action on behalf of plaintiff Cheri Pierson for stander. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 SIXTH CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF CHERI PIERSON FOR TORTIOUS INTERFERENCE WITH BUSINESS 48- Plaintiff repeats and realleges each and allegation set forth above. every 49- That defendant attempted to sabotage plaintiff's business. That defendant contacted of plaintiff's many business associates and advised them that plaintiff was useless and not a good person to do business with, broke into plaintiff's computer files, and broke into plaintiff's commercial website and illegally changed plaintiff's password, illegally obtained plaintiff's credit card information, and illegally attempted to gain control of plaintiff's website in order to destroy her business 50- Wherefore Plaintiff Cheri Pierson demands judgment against defendant Richard H. Petak in an amount of One Million Dollars ($1,000,000.00) as and for a sixth cause of action for the tortuous interference with business. SEVENTH CAUSE OF ACTION BY PLAINTIFF CHERI PIERSON FOR ASSAULT AND THE INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DISTRESS 51- That plaintiff repeats and realleges each and allegation set forth above. every 52- That on or about the evenings of 2003 - 2003 defendant called plaintiff Cheri February 25, February 26, Pierson over 70 times despite her protests to stop calling. He stated that he would killher, punch her in the ribs, wipe the floor with her, and that if he couldn't have her "no one else will have you". He stated he would make sure plaintiff was destroyed and that he would kill her with his bare hands when he saw her. He also stated that he would destroy her business, that she was a whore, prostitute, and various other threats and obscenities a portion of which were recorded and is annexed hereto and made a part hereof as a exhibit B. 53- Defendant's threats were intentional and designed to harass and shock plaintiff Cheri put her in Pierson, immediate fear of being beaten and killed by defendant and put her into a state of extreme emotional distress. That defendant's remarks were false and malicious and were so extreme and outrageous that they transcended the bounds of decency as to be regarded as atrocious and intolerable in a civilized society FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 54- That as a result of defendant's threats and harassment plaintiff was put into a state of severe and extreme emotional distress and shock for her safety and welfare and was in a constant state of fear that defendant was coming to beat her up and kill her. 55- That as a result of the aforesaid plaintiff Cheri Pierson suffered and continues to suffer from severe physical pain, emotional distress, emotional trauma, nightmares, shock to her nervous system, and has suffered various and severe injuries to various and diverse parts of her body. She expects to incur future expenses for therapy and treatment for her injuries and expects to incur future pain and suffering for the foreseeable future and upon information and belief her physical and psychological injuries are permanent in nature. That she remains in a constant state of fear and terror that defendant will harm her and has been forced to seek a restraining notice to keep defendant away from her. 56- Wherefore Plaintiff Cheri Pierson demands judgment against defendant Richard H. Petak in an amount of Five Million Dollars ($5,000,000.00) as and for a seventh cause of action for assault and the intentional infliction of severe emotional distress. WHEREFORE Plaintiffs demands judgment against defendant in an amount of Ten Million Dollars ($10,000,000.00) on behalf of the infant plaintiff Candace Duffy on the First Cause of Action for the intentional infliction of severe emotional distress, Twenty Thousand Dollars ($20,000.00) on the second cause of action on behalf of the infant plaintiff Candace Duffy for conversion, Five Hundred Thousand Dollars ($500,000) on behalf of plaintiff Cheri Pierson on the third cause of action for Assault and Battery, Five Hundred and Twenty Thousand Dollars ($520,000.00) on the fourth cause of action on behalf of plaintiff Cheri Pierson for breach of contract, Five Million Dollars ($5,000.000.00) on behalf of plaintiff Cheri Pierson on the Fifth Cause of Action for Slander, One Million Dollars ($1,000,000.00) on behalf of plaintiff Cheri Pierson on the Sixth Cause of Action for Tortuous Interference with Business, Five Million Dollars ($5,000,000.00) on behalf of plaintiff Cheri Pierson on the Seventh Cause of Action for Assault and the Intentional Infliction of Severe Emotional Distress with interest from February 25, 2003 together with the costs and disbursements of this action. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 William J. Unroch Attorney for Plaintiff 140 West End Avenue, Suite 30B New York, New York 10023 212 - 496 - 9280 Fax No. 212 - 496 - 9330 VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss Cheri Pierson, residing at 4103 Chatham Court. Wayne, New Jersey 07470 being duly sworn deposes and says: That I have read the aforesaid complaint. The same is true as to all matters stated therein except as to those stated upon information and belief and as to those I believe them to be true. The source of my information and belief is my records and investigation of the facts and circums s surroun this matter. Dated: May 6, 2003 Cheri Pierson WILL UNROCH NOTARY NEW YORK STATE NO. 02UN5020535 QUALIFIED NEW YORK COUNTY EXPIRES 11/22/005 -- .. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 a P. lawyer, of Unrock William her contactand Pierson Cheri for an account into involved, card. transfer immediately will I abuse any is physical there If a credit her furnishing and cash her $20,000 givingby funds has enough she sure make be, the in anywhere or traveling NY in may we whereverownher of room a w care taken is Cheri that sure make respectfully will I above the ofallby abide not do times, places publicin especially allat respect and love with Cheri treatto prom I girlfriend, restrain, Cheri my hitor push to not pro word "P" the use to not promise I especially swear to not prom I the following: promise herebyand Wayne, Court, NJ Chatham4103of Pierson to gentleman a be to prom Cheri Hudson, Petak, H. day September of this on swear 10013NY 124of 275 NY R FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/16/2022 EXHIBIT B Feb 26 2:43 AM Christy you go Chris - never mind State of the Art, State of the Art State of the Art Babe Feb. 26 4:32 AM Hey Babe - hope you enjoyed the Russians on Battery Park doing a littlemore crack cocaine - are you a good time - cause that's what told me having they you broke heart you broke heart. T guess it's time - she's not a skank my really my Amy like you - You're on your own - You called me you called me you called me - It's 6:00 in the I have to get at 5 - you have to come home I saw your car East End um morning up West End - you're such a cunt and whore all you want to do is come. I feel fucking really bad for you what was itGilmore day? I really feel bad for you I really feel bad for you. Cause no more the hard to understand - he's ((((very drunk!)))) I thought you would be a good girl - so you know what - sue me - sue me what you did what you did what you did what you did - and this tells me your a girl guy fucking a you can't talk to me - you're such a cunt - oh God - you're a whore - fucking guy you're a whore - you're a whore - you're a whore - you're a whore. Feb. 26, 4:38 AM 917-375-2818 Hey Hooker Baby - How was the Gilmore Girls - James and I are plans to go to Las Vegas - I'm to be the best man Listen, making going and I don't want you to go - I'm to go with and or can you Christie - going Amy say You're a loser (8 You're a crack head - I feel bad for you you're times) really hooking in park - guys in park - you should be ashamed of yourself and battery fucking battery you - your mother should know You're out of life - I'll leave your jacket only my downstairs like carol said you're garbage - you won't be of the magazines any any any because you're a loser and a hooker - you're a piece of shit Feb. 26, 4:42 AM 917-375-2818 Just like the Russian told me in Battery Park you're in a Bodega - and you can't answer the phone - you'll get no from me - I Fucking money hope you got a lot of - fuck times over - the word - you're a money (many fuck) Yelling loser. Feb 26. 4:50 AM from 212-941-0964 Duration 1 min 10 sec. Dummy Dummy Dummy for the Russian Mafia Hooker - for - Dummy Working anything money money money - times - you're a whore I