-LHlL.

FILED

==~~~~~~~~~

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER

JUL 182013
x

DEREK S. WINNIE, WINNIE AUTO SALES, INC. SAUGERTIES SELF STORAGE, INC., Plaintiff(s) -againstGEORGE D. HEIDCAMP Defendant. VERIFIED COMPLAINT Index No: I~... Ct,1 v,

____ ~~~~~--~~--~~------------x Plaintiff(s), by and through their attorney, Anthony L. Polizzi,

1.

Esq., respectfully alleges:

Plaintiff(s) Derek S. Winnie, Individually, is and at all times herein mentioned

was the owner of the premises located at 3064 Route 9W, Town of Saugerties, Ulster County, New York. 2. That at all times hereinafter mentioned, the Plaintiffs, Winnie Auto Sales, Inc., is and was a domestic corporation, filed on June 3, 1999 operating a business located at 3064 Route 9W, Town of Saugerties, Ulster County, New York. 3. That at all times hereinafter mentioned, the Plaintiffs Saugerties Self-Storage, Inc., is and was a domestic corporation filed on June 30, 2000 operating their business at 3058 Route 9W, Town of Saugerties, Ulster County, New York. 4. Defendant, is and at all times herein mentioned was, the owner of and residing on property adjacent to that of plaintiff located at 2314 Route 32, Saugerties, Ulster County, New York.

AS AND FOR A FIRST CAUSE OF ACTION

5. On or about July of2011 and continuing up to present defendant, George D. Heidcamp, acting under the pretense of a concerned citizen, has maintained a course of conduct and actions that constitute an intentional and unreasonable invasion of the use and enjoyment of plaintiffs' property under the guise of reporting alleged zoning violations with

------------

malice aforethought.

The defendant filed approximately

one hundred twenty (120) combined

complaints, emails, telephone correspondence

against the plaintiff(s) with the Saugerties Police

Department, Town of Saugerties Building Department., Town of Saugerties Supervisor, Saugerties Town Board, and Town of Saugerties Attorney, Town of Saugerties Clerk. Defendant, provided numerous photographs and videotape ofplaintiff(s) plaintiff(s) employees to the aforementioned plaintiff(s)children, and

officials in his attempt to demand, threaten, bully,

and shame said officials into prosecuting plaintiffls), 6. As a proximate result of defendant's acts mentioned above, plaintiff(s) has suffered a wrongful invasion of Plaintiffs legal rights and privileges generally causing plaintiffis), annoyance, inconvenience, discomfort and damages. Plaintiff(s) has suffered loss of

business, loss of time, additional financial hardship, court costs, and attorney fees. 7. The amount of damages suffered byplaintiffls) as a result of defendant's acts

above mentioned are as follows: Plaintiff(s) was force to defend criminal charge of Reckless Endangerment filed by defendant, of which he was acquitted by a jury, resulting in loss of

business opportunity, loss of time and attorneys fees. Plaintiff(s) was forced to defend against alleged zoning violations instigated by defendant, pJaintiff(s) was forced to incur the cost of two separate jury selections, of which the plaintiff( s) was acquitted of all charges by jury, resulting in a loss of business opportunity, loss oftime and attorneys fees. 8. Plaintiff(s) has no adequate remedy at law or otherwise for the injury and damages caused by defendant's concerned citizen. 9. Plaintiff(s) will suffer irreparable injury and damages unless the acts of defendant above complained of are enjoined because there is no way to prevent defendant's and continuing conduct. past acts because defendant conceals his malice under the guise of a

10.

The injury and damages suffered by the Plaintiff(s) from the continuation by

defendant of the conduct complained of greatly outweigh any hardship to defendant by the abatement of the conduct complained ofin that plaintiff(s) will continue to be targeted by defendant and forced to spend monies defending against defendant's malicious allegations

versus the defendant being restrained from continuously filing complaints against plaintiffs.

AS ~D 11.
forth

FOR A SECOND CAUSE OF ACTION re-alleges each and every allegation as set

Plaintiff(s) repeats, reiterates and

in paragraphs number "1 through 8" with the same force and effect as iffully set forth at

length herein.

12. That from on or about July of2011 to present defendant a retired police
officer with 38 years of law enforcement experience has engaged in intentional conduct against plaintiffs to wit: Upon information and belief defendant has filed approximately one hundred

twenty (120) combined complaints, emails, videotapes of plaintiff, plaintiff's children and plaintiff's employees, photographs of plaintiff, plaintiff's children and plaintiff's employees, telephone correspondence against plaintiff alleging various zoning violations and criminal

charges upon information and belief to the Saugerties Police Department, Town of Saugerties Building Department., Town of Saugerties Supervisor, Saugerties Town Board, and Town of

Saugerties Attorney, Town of Saugerties Clerk. 13. That defendant by his conduct did intend to cause and/or disregarded the

probability of causing plaintiff(s) severe emotional distress.

14.
defendant's

That defendant's

conduct is directly connected to plaintiffs suffering in that

conduct of intimidation and bullying tactics, an obscene amount of complaints,

constant surveillance of plaintiff and plaintiff's children is extreme and outrageous. WHEREFORE, plaintiff(s) prays that Court grant:

,-

1.

a temporary restraining order be issued restraining defendant, defendant'

servants, agents, and employees, from filing a complaint until a hearing is had on plaintiffs application for a preliminary injunction; and lor in the alternative 2. A preliminary injunction be issued enjoining defendant, the defendant's

servants agents, and employees, from filing any complaints during the pendency of this action; and/or in the alternative 3. After final hearing, defendant, defendant's agents, servants, and employees be permanently enjoined from filing complaints against plaintiff, videotaping plaintiff, plaintiff's children, plaintiffs employees; and lor in the alternative 4. On the First Cause of Action, Plaintiffs be awarded damages in the amount of $100,000.00 with interest thereon from July 16,2013 until fully paid. 5. On the Second Cause of Action, Plaintiffs be awarded damages in the amount of $100,000.00 with interest thereon from July 16,2013 until fully paid,

6. Costs, expenses, and attorney's fees in the amount of$S,OOO.OOincurred in this action
be awarded. 7. Such other relief as the court may deem just and proper be granted.

Dated:

Yours etc.

Antho olizzi, Attorney for Plaintiffs 340 Main Street, PO Box 207 Saugerties, NY 12477 845-246-0610

STATE OF NEW YORK COUNTY OF ULSTER ULSTER COUNTY SUPREME COURT

__--__------------------------~x DEREK S. WINNIE, WINNIE AUTO SALES, INC.,

SAUGERTIES SELF STORAGE, INC., Plaintiff\s).
-against-

-LH.!.LM
JUl Ie 2013

FILED

GEORGE D. HEIDCAMP,

________________________________

Defendants.

VERIFICATION

STATE OF NEW YORK COUNTY OF ULSTER

)
8S.:

Derek S. Winnie, individually and as CEO ofWiMie Auto Sales, Iae., and as CBO of'Saugerties Self Storage, being duly sworn, that he is the Plaintiffts) in the above-named proceeding and that the foregoing document is true to his own knowledge, except as to matters herein stated to be alleged on information and belief and as to those matters he believes it to be true.

erek S. Winnie Individually Derek S. Winnie as CEO of Winnie Auto Sales, Inc., Derek S. Winnie as CEO of Saugerties Self Storage, Inc.,

Sworn to before me It. day of 10/

thity
..~~

.2013

NO~....:a:?!"-/'

~"7'/~ ~

Com* ......

,.,2'~