STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF GREENVILLE THIRTEENTH JUDICIAL CIRCUIT JACKIE M. CLARK, C.A. No.: 2018-CP-23- Plaintiff, vs. SUMMONS SARAH ( SALLY WARWICK AND DAVID TIMOTHY GAULT, Defendants. TO THE DEFENDANT ABOVE-NAMED: SARAH ( SALLY WARWICK YOU ARE HEREBY SUMMONED and notified that an action has been filed against you in this court. Within thirty (30 days of the day you receive this Summons, you must respond in writing to this Complaint by filing an Answer with this court. You must also serve a copy of your Answer to this Complaint upon the Plaintiff s Attorney at the address shown below. If you fail to answer the Complaint, judgment by default could be rendered against you for the relief requested in the Complaint. May 4, 2018 Easley, South Carolina Print Name: Address: s/candy M. Kern-Fuller, Esq. Attorney for Plaintiff Candy M. Kern-Fuller, Esq. S.C. Bar #11392 Upstate Law Group, LLC 200 East Main Street Easley, South Carolina 29640 (864 855-3114 (864 855-3446 (Facsimile Candy@UpstateLawGroup.com ATTORNEY FOR PLAINTIFF Page 1 of 8
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF GREENVILLE THIRTEENTH JUDICIAL CIRCUIT JACKIE M. CLARK, C.A. No.: 2018-CP-23- Plaintiff, vs. SUMMONS SARAH ( SALLY WARWICK AND DAVID TIMOTHY GAULT, Defendants. TO THE DEFENDANT ABOVE-NAMED: DAVID TIMOTHY GAULT YOU ARE HEREBY SUMMONED and notified that an action has been filed against you in this court. Within thirty (30 days of the day you receive this Summons, you must respond in writing to this Complaint by filing an Answer with this court. You must also serve a copy of your Answer to this Complaint upon the Plaintiff s Attorney at the address shown below. If you fail to answer the Complaint, judgment by default could be rendered against you for the relief requested in the Complaint. May 4, 2018 Easley, South Carolina s/candy M. Kern-Fuller, Esq. Attorney for Plaintiff Print Name: Candy M. Kern-Fuller, Esq. S.C. Bar #11392 Address: Upstate Law Group, LLC 200 East Main Street Easley, South Carolina 29640 (864 855-3114 (864 855-3446 (Facsimile Candy@UpstateLawGroup.com ATTORNEY FOR PLAINTIFF Page 2 of 8
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF GREENVILLE THIRTEENTH JUDICIAL CIRCUIT JACKIE M. CLARK, C.A. No.: 2018-CP-23- Plaintiff, vs. COMPLAINT (JURY TRIAL REQUESTED SARAH ( SALLY WARWICK AND DAVID TIMOTHY GAULT, Defendants. The Plaintiff, complaining of the Defendants herein, would respectfully show unto this Honorable Court as follows: 1 Plaintiff is a citizen and resident of Greenville County, South Carolina. 2 Plaintiff is informed and believes that Defendants are both citizens and residents of Greenville County, South Carolina. 3 All of the actions complained of herein occurred in Greenville County. 4 This Court has jurisdiction to hear this matter and venue is proper in this Court. Background and Facts 5 Plaintiff incorporates all prior allegations, where not inconsistent, as if fully set forth herein; 6 Plaintiff and Defendant Sarah ( Sally Warwick fka Sarah ( Sally Warwick Clark (Hereinafter referred to as Defendant Warwick were previously husband and wife. Defendant Warwick and Defendant David Timothy Gault (hereinafter Defendant Gault were previously (and may still be paramours. Defendants work together for Greenville County and Defendant Gault is Defendant Warwick s supervisor. Page 3 of 8
7 After Plaintiff s private investigator caught Defendants engaged in sexual activity off of Faris Road behind a doctor s office, and Plaintiff met with a County Council member about Defendants affair, Defendants conspired to have Plaintiff (who is a retired South Carolina Highway Patrol Officer arrested and convicted of crimes they concocted. 8 Specifically, in or about late July 2017, Defendant Warwick filed a false Petition for an Order of Protection with the Greenville County Family Court alleging that Plaintiff was harassing or stalking her at her workplace when he was actually in the hospital in the intensive care unit. 9 Defendant Warwick made further and repeated false police reports to the Greenville County Sheriff s Office and the Greenville City Police Department on September 5, 2017, and, again, on January 21, 2018, that Plaintiff was stalking and harassing the Defendants by driving past their homes and workplace (a public building that houses most of Greenville County s governmental services and which was less than a mile from Plaintiff s divorce attorney. Specifically, Defendant Warwick knew where Plaintiff s divorce attorney s office was and both Defendants knew that Plaintiff and Defendant Warwick were engaged in a divorce being heard at the Greenville County Family Court. 10 The September 5, 2017, false reports were cleared with no warrants issued after Plaintiff and his attorney went to meet with law enforcement on October 10, 2017. Law Enforcement didn t even write a report about the January 21, 2018, false report. 11 Defendants also made false reports to the Postmaster General that Plaintiff was mailing packages to Sally Gault at Defendant Gault s home. Plaintiff also had to Page 4 of 8
retain Attorney Frank Eppes, Esq. to represent him in that matter and no charges ever materialized from those false allegations either. FOR A FIRST CAUSE OF ACTION (Conspiracy 12 Plaintiff incorporates all prior allegations, where not inconsistent, as if fully set forth herein; 13 Defendants conspired together to make false police reports against Plaintiff. Defendant Warwick made the report and Defendant Gault joined in corroborating the stories by Defendant Warwick with reference to alleged stalking/harassment at Defendants workplace. 14 Defendants goal was to keep Plaintiff from revealing the adultery evidence he obtained to Defendant Gault s wife and to punish Plaintiff for trying to affect Defendants employment. 15 As a result of Defendants actions, Plaintiff incurred unnecessary attorney s fees, his friends were called and questioned about his alleged criminal activity and Plaintiff endured extreme emotional and mental hardship as a result of the stress from worrying about whether he (as a commissioned law enforcement officer would be falsely arrested. He was investigated by two separate law enforcement agencies because of Defendants patently false allegations. FOR A SECOND CAUSE OF ACTION (Abuse of Process 16 Plaintiff incorporates all prior allegations, where not inconsistent, as if fully set forth herein. Page 5 of 8
17 Defendant Warwick made repeated false reports to police in order to gain an unfair advantage in the family court divorce action brought by Plaintiff. 18 Defendant Gault corroborated the false statements to police to support the false allegations made by Defendant Warwick. 19 As a result of these willful acts by all Defendants, Plaintiff incurred unnecessary attorney s fees, his friends were called and questioned about his alleged criminal activity and Plaintiff endured extreme emotional and mental hardship as a result of the stress from worrying about whether he (as a commissioned law enforcement officer would be falsely arrested. He was investigated by two separate law enforcement agencies because of Defendants patently false allegations. FOR A THIRD CAUSE OF ACTION (Defamation 20 Plaintiff incorporates all prior allegations, where not inconsistent, as if fully set forth herein; 21 In addition to the per se defamatory statements which Defendants made, as detailed above and incorporated herein, which were meant to attack the honesty, integrity, virtue, or reputation of Plaintiff and exposed Plaintiff to disgrace and ridicule, thus causing him damages and emotional distress, Defendant Warwick also alleged that Plaintiff was fired from his job with the Highway Patrol for cause; 22 These statements regarding the Plaintiff were intentionally or recklessly slanderous/libelous and/or malicious and have caused Plaintiff special and per se damages; Page 6 of 8
23 Accordingly, Plaintiff would respectfully request that the triers of fact award Plaintiff such actual, special and punitive damages as it deems just and proper; FOR A THIRD CAUSE OF ACTION (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS/OUTRAGE 24 Plaintiffs reallege all prior paragraphs of this complaint as if fully reinstated herein; 25 Defendants, by and through their tortious actions as detailed above and incorporated herein, were certain or substantially certain such actions would result in severe emotional distress to Plaintiff; 26 Defendants knew their actions were extreme and outrageous and exceeded all bounds of decency. However, Defendants proceeded to make such statements and pursue these actions against Plaintiff despite this knowledge. 27 Defendants actions did result in emotional distress to Plaintiff, and this distress was severe; 28 Defendants conduct was extreme and outrageous and exceeded all possible bounds of decency and must be regarded as atrocious and utterly intolerable in a civilized society; 29 As a result of Defendants extreme and outrageous actions, Plaintiff is entitled to actual and compensatory damages as proven to the triers of fact and such other and further relief as this court deems just and proper; 30 Further, Plaintiff is entitled to punitive damages for such intentional infliction of emotional distress to deter Defendants from future similar acts; WHEREFORE, having fully stated his complaint against the Defendants, the Plaintiff prays for the following relief from a jury of his peers: 1 actual and compensatory damages; 2 punitive damages against each Defendant; 3 special damages; 4 attorney s fees and costs; 5 an Page 7 of 8
order declaring the unlawfulness of Defendants acts and directing Defendants to cease these unlawful practices; and 6 for such other and further relief as this Court deems just and proper. Date: May 4, 2018 s/ Candy Kern-Fuller, Esq. Candy Kern-Fuller, Esq. (SC Bar #: 011392 Upstate Law Group, LLC 200 East Main Street Easley, SC 29640 864-855-3114 864-855-3446 (Facsimile Candy@UpstateLawGroup.com ATTORNEYS FOR PLAINTIFF Page 8 of 8