STATE OF NEW
MEXICO
COUNTY OF BERNALILLO
IN THE SECOND JUDICIAL DISTRICT
COURT
Filed February 26, 2015 Summons Served
DAVID DERRINGER
Plaintiff,
No.
CV-2015-1435
v.
BARRIE LEE CROWE AKA BARRIE LEE
DERRINGER
AKA BARRIE LEE BEVERLEY
Defendant,
COMPLAINT FOR EQUITY DIVISION
OF MONEY AND PERSONAL PROPERTY PURSUANT TO NMSA 40-3-1, 40-3-6, 40-3-8, 40-3-9,
40-4-20, AND 38-1-16(5) FOR FINAL MODIFICATION OF PROPERTY DIVISION AND
PUNITIVE DAMAGES
Plaintiff, David Derringer representing himself Pro-Se
states his complaint as follows:
Jurisdiction and Venue
1)
Plaintiff David Derringer, (hereinafter in this
Complaint referred to as “DAVID”) was violated by the Defendant in unequal
and deprivation of rights in the property division, community income, community
savings, sole and separate inheritance, and value of vehicle, upon separation
and divorce, wherein there is no signed marital settlement agreement by either
party, wherein the venue and jurisdiction is proper in the venue of the
Plaintiff, in the City of Albuquerque, New Mexico in the County of Bernalillo,
State of New Mexico Second Judicial District Court.
2)
Upon information and belief the Defendant Barrie Lee Crowe,
aka Barrie Lee Derringer, aka Barrie Lee Beverley (hereinafter in this
Complaint referred to as “BARRIE”) can be found located at 9750 Saybrook
St. Highlands Ranch, Douglas County, Colorado 80126 and 6148 Balsam Way Unit
212, Littleton, Colorado 80123, and 6155 S. Ammons Way Unit 215, Littleton,
Colorado 80123.
3)
Barrie Crowe aka Barrie Derringer aka Barrie Beverley
is accountable and this court has jurisdiction, despite her residence in the Denver
area, in the State of Colorado pursuant to the Long Arm law of New Mexico 38-1-16(A). Any person, whether or not
a citizen or resident of this state, who in person or through an agent does any
of the acts enumerated in this subsection thereby submits himself or his
personal representative to the jurisdiction of the courts of this state as to
any cause of action arising from: (5) with respect to actions for divorce,
separate maintenance or annulment, the circumstance of living in the marital
relationship within the state, notwithstanding subsequent departure from the state,
as to all obligations arising from alimony, child support or real or personal
property settlements under Chapter 40, Article 4 NMSA 1978 if one party to the
marital relationship continues to reside in the state.
4)
Plaintiff David is allowed under NMSA 40-4-20 (1978)
with the prior case law of Mendoza v.
Mendoza 103 NM 327, 706 P.2d 869 (Ct. App. 1985) to bring this action to
seek resolution and modification of the property division between David
Derringer and Barrie Derringer aka Barrie Crowe aka Barrie Beverley, for
redress of inequalities under laws since there is no marital settlement
agreement signed by either party.
5)
The Plaintiff’s cause of action arose with David
Derringer at all times in New Mexico, with all appurtenant matters arising in
New Mexico, so venue is proper in the Second Judicial District Court for
jurisdiction of all legal and substantive matters, and the Second Judicial
District Court has personal jurisdiction thus over both the parties as
individuals, and the subject matter.
6)
The jurisdiction of the Plaintiff and his personal
property, and his undeniable right, immunities and privileges is established in
a proper venue in New Mexico, despite whom might store, steal or deprive that
personal property elsewhere outside of the issues pursuant to Telephonic
v. Rosenblum, 88 NM 532, 543 P.2d 825 (1075).
General Allegations
Common to all Counts
7)
Plaintiff adopts and incorporates by reference herein
paragraphs 1-6 of the complaint as if set forth in full.
8)
Barrie’s legal name when David Derringer met Barrie on
July 7, 2009 was Barrie Lee Beverley, a name kept from her twice marriage to
former biker husband Charles Beverley.
9)
On or about November, 2009, Barrie Beverley legally
petitioned and was granted by law, and changed her last name to “Derringer”
becoming thus Barrie Lee Derringer by court order of the Second Judicial
District Court November, 2009, prior to the marriage with David Derringer.
10) On
or about January 15, 2010
in Durango, Colorado, Barrie Lee Derringer legally
married David Brian Derringer to become known legally again as Barrie Lee
Derringer.
11) During
the Derringer marriage there was no pre-nuptial agreement and thus all income
of both spouses and all purchases of tangible items during the marriage was
“community property” and all debt incurred during the marriage was “community
debt” except debt incurred by Barrie Lee Beverley prior to the marriage which
was sole and separate debt of Barrie.
12) Without
substance and betraying husband David Derringer, on December 27, 2011, Barrie
Derringer became emotionally and mentally unstable, unpredictable, did illegal
and criminal acts, was irrational and did pre-meditated actions against David,
the courts, and the public that were highly illegal in a husband perceived total
180 degree change of personality, in either a personality disorder or new
personality never before seen by David, and may have gone back to a former life
style as with biker husband Charles Beverley with former use of cocaine,
extreme alcohol use, marijuana use or other illegal drugs and Barrie left David
in separation with use of 5 different prescription medications of codeine and
likely addicted to this controlled substance.
13) After
Barrie left David on December 27, 2011, Barrie withdrew all money from the
joint savings and checking accounts of the Derringers for her own sole use and
possession, and Barrie changed her direct deposit of her income as community
income to then become income only used by Barrie and withholding all her
contributions to community income from her legal spouse.
14) On
or about January, 2012 Barrie Lee Derringer applied for and was awarded credit
cards under the fraudulent illegal name of Barrie Lee Beverley, which sounded
in tort against David Derringer creating “community debt” for the marriage
under fraud.
15) On
or about January, 2012 ongoing, Barrie spent community income for attorneys
without agreement from her spouse, using community income without compensation
for her spouse.
16) On
or about January, 2012 in violation of NMSA 40-3-1, Barrie rented a three
bedroom house with use of community income of her employment at NAI Maestas and
Ward Commercial Real Estate, without the consent of spouse David Derringer and
prohibiting spouse David Derringer from any use, accessibility or knowledge of
location.
17) Ongoing
during the marriage from January, 2012 Barrie resided in a three bedroom house
without the consent or access of David and spent about $1,500.00 of community
income with rent and expenses.
18) On
or about January, 2012, Barrie purchased “community property” with use of her
“community income” of employment without consent of David and without
disclosure of all purchases with “community income” and never was held
accountable for these purchases after the divorce.
19) In
any and all matters/counts of this Complaint, the Defendant Barrie acted in
fraud, perjury, criminal identity theft, deprivation of rights, retaliation,
retribution, and revenge against David Derringer to misuse both the Domestic
Violence courts and the Marital family courts as a weapon against David, to
gain “unjust enrichment” by keeping monies and property of David that she under
law was not entitled.
20) On
or about February 4, 2012 Barrie and other criminals from NAI Maestas and Ward
broke into the Derringer storage and stole, vandalized and removed as much
“community property” and some of David Derringer’s personal property before APD
arrived to stop and order Barrie and others to leave, and prior to the arrival of APD Barrie made
no attempt to stop the criminal assault and battery conducted against her
husband by Debbie and Irwin Harms, a woman friend of Barrie and 10 other men
employees of NAI Maestas and Ward Commercial Real Estate.
21) On
or about February 6, 2012 Barrie conducted criminal perjury and fraud to file a
Petition for Order of Protection against David.
22) After
December 27, 2011, Barrie stopped paying all “community debt” leaving the full
burden of community debt against the husband David Derringer.
23) The
plan of action of Barrie from December 27, 2011 prior to filing and then
throughout both DV-12-234 and DM-12-610 was to disregard marital vows and moral
obligations, disregard the marital contract, abandon her husband, gain monetary
advantage of bank funds, community income, community assets, illegal credit
card monies by identity theft, defraud and walk away from community debt and
legal obligations of feeding animals, and other acts to “enrich” Defendant
Barrie at the expense of the Derringer marriage and against all laws, and
mis-used other third parties in this conspiracy.
24) Defendant
Barrie used proven perjury and fraud multiple times in court documents and
against third parties to circumvent the law and gain “unjust enrichment” for
her own personal gain and creature comfort exemplified in the filed action of State of New Mexico v. Barrie Derringer
criminal action in the District Attorney OA
#2013-00780-1 and subsequent
fraud to Geico Insurance of $8,500.00 and two additional break-ins to the
Derringer storage with mis-use of DV-12-234 without jurisdiction due to a
foundation error of no legal service of summons to David Derringer, and
stole/converted over $55,000.00 of David Derringer’s legal pre-marriage
personal property to her own, and vandalized more.
25) On
or about April 10, 2012 Barrie Lee Derringer made claim in DM-12-610 to retake
her maiden name of Barrie Lee Crowe, and continues to use credit cards
fraudulently obtained in January, 2012 under Barrie Lee Beverley.
Count 1-Modification of
property division of DV-12-234 and DM-12-610 for redress of inequalities under
law, and fraud
26) Plaintiff
adopts and incorporates by reference herein paragraphs 1-25 of the complaint as
if set forth in full.
27) Defendant
Barrie used fraud and perjury to obtain a civil order of protection in
DV-12-234 to obtain a “no-contact order” so that Barrie would not have to
explain or be accountable for stealing bank accounts of “community income”; not
disclose purchases of “community property” after her leaving; not be
accountable for embezzlement of “community income” of taking all of her income
for only herself; and not be accountable for renting a three bedroom house and
denying his legal husband access and using “community income” for an amount of
about $1,500.00 per month without authorization from her spouse; and burdening
the marriage with additional “community debt” by Barrie’s “fraudulent”
acquisition of credit cards under Barrie Lee Beverley and denying food and
money to haul water for the Derringer animals constituting “animal abuse”.
28) During the
marriage David used sole and separate money from the death of his mother to pay
off $7,000.00 of pre-marriage IRS debt of “Barrie Lee Beverley” to be a “good
husband” and to keep the Derringer marriage from penalties and interest
adversely affecting the financial aspects of the Derringer marriage and was not
reimbursed under law.
29) During
the marriage, Barrie used “community income” to pay pre-marriage additional
debt with the IRS over and above the $7,000.00 already paid in an amount of
$100 per month from January 15, 2010 until April 10, 2012; to be a “good
husband”, David Derringer paid each month $100.00 with use of “community
income” another at least $2,300.00 of pre-marriage IRS debt for Barrie Lee
Beverley, to keep the Derringer marriage from penalties and interest adversely
affecting the financial aspects of the Derringer marriage.
30) On
or about July, 2010 the Derringer family purchased a used Chevy 2005 Silverado
one-ton “dually” pick up for about $34,000.00 as “community debt” with David
Derringer being “primary” of the loan, with Barrie only as “co-signer”, but
with special use by David Derringer of sole and separate inheritance money from
the death of his mother for a down payment of $7,000.00 down payment, and at
least 8 payments made on such vehicle at $595.27 by David’s selective use of
sole and separate inheritance fund when the Derringer’s community income was
too low, and acquired that amount in equity in that vehicle as “sole and
separate equity property” creating about $12,000.00 sole and separate equity in
that vehicle for only David Derringer by use of sole and separate inheritance
funds of only David Derringer, making only the remaining ongoing creation of
“equity” “community property” for claim by Barrie Derringer from the Derringer
marriage from January 15, 2010 until April 10, 2012; a value of the vehicle of
about $32,000.00.
31) Upon
leaving David on December 27, 2011, Barrie took all community money from the
joint bank accounts in the amount of at least $1,000.00.
32) Upon
leaving David on December
27, 2011, Barrie
changed her direct deposit of “community income” into a separate unknown
account to unlawfully keep all community income and to deprive any use or
access of community income from spouse David Derringer in a monthly amount of
about $2,600.00.
33) Upon
leaving David on December
27, 2011, Barrie
refused to pay community bills of Sprint and Public Service Company to amounts
well over $600.00 in violation of NMSA 45-2-804.
34) Upon
leaving David on December
27, 2011, Barrie
refused to pay any food and water bills for the Derringer animals and livestock
in violation of NMSA 30-18-1 in amounts of $700.00 per month, in “abandonment”
and “abuse” of the Derringer living creatures.
35) On
or about February, 2012, Barrie Derringer conducted “fraud” to the landlord Thom
Stein of 101 Florida SE Unit C, Albuquerque, New Mexico, by illegally simply
taking her name from the community debt lease, while still married to David
Derringer and discharged all debt of the storage against David Derringer in an
amount of $700.00 per month, depriving $2,100.00 payments of community debt,
which, without the Barrie ¾ contributions to the community income precipitated
the eviction of David Derringer. and discharge of Barrie Derringer’s legal
responsibility for that community debt in violation of NMSA 45-2-804.
36) Due
to total discharge of marital duties and legal marital contract obligations to
third party community debt, Barrie
ruined the credit rating of husband David Derringer.
37) Upon
leaving David on December 27, 2011, Barrie illegally gained separate residence
without authority or cause, creating new community debt, and in deprivation of
community income from spouse David Derringer, in the amount of about $1,500.00
per month for four months.
38) Upon
leaving David on December 27, 2011, Barrie purchased community property of
clothing, shoes, appliances and other “creature comforts” without authorization
from her spouse and without any disclosure to her spouse of value, and kept
hidden from her spouse such “community property” in Barrie’s sole possession,
even though David was ½ owner legally of such property.
39) In
and about January, 2012, Barrie applied for and received several credit cards
in criminal fraud and criminal identity theft by fraudulent use of the Barrie
former name of Barrie Lee Beverley, which legally she had not had use of that
name since the Court Order of November, 2009 when Barrie legally changed her
last name to “Barrie Derringer”, thus creating fraud involvement, community
debt, and deceit against legal husband David Derringer, in amounts exceeding
$1,000.00 and used such purchases to create new “community property” of which
was hidden and withheld from spouse David, even though David was “co-owner” of
that community property.
40) Upon
leaving David, Barrie
mis-used community income without authorization and without cause to hire
attorney Alain Jackson for several thousand dollars.
41) On
or about February 4, 2012, Barrie used 12 persons including two bosses of
Debbie and Irwin Harms of NAI Maestas and Ward Commercial Real Estate to break
and enter the Derringer storage on 101 Florida SE Unit C in attempts to take
all Derringer’s property prior to filing any petition for order of protection
or petition for dissolution of marriage and on that date the 12 persons did
assault and battery against husband David Derringer, and APD ordered them to
leave, but David’s personal property was taken in the process.
42) Barrie
used 12 persons including two bosses of Debbie and Irwin Harms of NAI Maestas
and Ward Commercial Real Estate to break and enter the Derringer storage again
on February 25, 2012, and likely was involved in two other “burglaries” of both
101 Florida SE Unit C on March 8, 2012, and on July 3, 2012 where David was
staying in the Rio Puerco at a time “coincidentally” when David was in court
with Barrie, and at these times more David personal property was stolen in
additional amounts exceeding $4,000.00.
43) Since
February 4, 2012, with the two or possibly three break-ins of storage at 101
Florida SE Unit C in which Barrie and her 12 other persons were involved, over
$55,000.00 of David Derringer sole and separate property was taken or
destroyed.
44) In
the burglary of July 3, 2012
at the location of David in Rio Puerco, over $4,000.00 of David Derringer
property was taken and dogs were hurt by the perpetrators.
45) Barrie had no legal
ability under case law, NM statutory laws, or Constitution to do any of the
above acts of larceny of property, creation of new community debt and liability
against David Derringer or to take Constitutional rights from David Derringer.
46) In
both DV-12-234 and DM-12-610 Barrie was allowed in legal errors by a biased
court to escape all accountability for actions of “unjust enrichment” facilitated
against David Derringer in total inequity under all laws in effect at the time.
47) On
April 3, 2013 the court in bias allowed Barrie to take physical possession of
the 2005 Silverado, and supposedly allowed to sell the vehicle without consent
or discussion with the primary loan holder David Derringer for any amount
Barrie deemed and to take a full equity in a total disregard for the sole and
separate inheritance equity of David Derringer of $12,000.00 and that David
Derringer is entitled to ½ of the equity beyond the $12,000.00 in sole and
separate inheritance property as a right to “community property”; and
supposedly Barrie has conducted fraud, false identification or other means to
sell or use the Chevy, since David Derringer has clear NM title, registration
and license plate with Barrie having or have disposed of the vehicle, giving
David Derringer nothing in return of his investment.
48) Barrie
has stolen $55,000.00 of David Derringer property, stolen by Barrie and 12
other persons in multiple documented break-ins to storage and likely another
$4,000.00 in a burglary against David Derringer on July 3, 2012 coincidently at
the exact time Barrie and David were in court to give Barrie an alibi.
49) Barrie
has not been held accountable at any time for criminal acts, conspiratory acts,
or fraudulent acts committed multiple times after December 27, 2011 against
David Derringer, the courts or the public.
50) There
does not exist any marital settlement agreement under DM-12-610 signed by both
parties and thus no “legal and binding contract” exists for equity between the
parties.
51) Pursuant
to U.C.C. 1-308(a)(b) David Derringer refuses to accept the ongoing inequality
situation of Barrie depriving “community income”; taking sole and separate
inheritance funds in pre-marriage debt; acquiring new debt with fraud; forcing
David Derringer sole payments of community debt; taking all equity and
possession of the 2005 Chevy Silverado pick up; depriving food and water to
live animals when still married; and ruining the credit rating of David
Derringer with ongoing fraud and non-payments of community debt; and David
Derringer claims the rights of “without prejudice” and “under protest under
U.C.C 1-308(a)(b) as “non-acceptance under a reservation of rights” (a) A party
that with explicit reservation of rights performs or promises performance or
assents to performance in a manner demanded or offered by the other party does
not thereby prejudice the rights reserved. Such words as "without
prejudice," "under protest," or the like are sufficient. (b)
Subsection (a) does not apply to an accord and satisfaction.
52) Identity
theft of Barrie Derringer using “Barrie Lee Beverley” to apply and gain credit
cards during the legal marriage of the Derringer’s after Barrie left David
December 27, 2011, to gain assets for herself and community property hidden
from her husband is criminal fraud, identity theft and highly illegal.
53) On
all inequities, fraud, mis-use of identity, deprivation of rights, deprivation
of community income, increase in community debt, and default of Barrie on
community debt to ruin the credit of David Brian Derringer, the Plaintiff
claims “non-assumpsit. The general issue in the action of assumpsit; being a
plea by which David Derringer avers, "he did not partake" or promise
as alleged.
54) Barrie
has taken $1,000 in bank account monies, $10,400 in community income, $1,950.00
of David’s inheritance money for payment to Barrie’s IRS pre marriage debts,
David’s inheritance equity of $12,000 of the 2005 Chevy Silverado, taken David’s ½ of the remaining equity in
the 2005 Silverado, $6,000 for illegal separate residence, $1,050.00 discharge
of storage community debt, $1,000 of illegal credit card debt under fraud use
of “Barrie Beverley” in criminal identity theft, $55,000 of David Derringer’s
personal property, and likely $4,000 in a burglary in Rio Puerco against David
Derringer, and untold amounts of “community property” Barrie refuses to
disclose.
55) In
the actions of both DV-12-234 and DM-12-610 Barrie testified under Oath that
she would return the gold wedding ring to David Derringer and has not done so;
a value of about $600.00.
56) Barrie
has gained about $92,400.00 of “unjust enrichment” by monies and property taken
in inequites during DV-12-234 without legal service of summons and fraudulently
intertwined DM-12-610 against David Derringer.
57) In
DV-12-234, DM-12-610, and CV-12-10816 Barrie denied “under oath” any possession
of any of David Derringer’s personal property, as was known taken in the
break-ins and other illegal actions of Barrie.
58) Barrie
then took several boxes of David’s personal property on or about January, 2014
to the offices of Alain Jackson of which David Derringer has a witness.
59) Barrie
and Alain Jackson apparently had a plan to entrap David just before the
expiration of the no-contact order with a possibility of having guns or
ammunition in the boxes, as “they” (Barrie and Alain Jackson in a conspiracy)
would not give David an inventory of items within the boxes despite wanting
David Derringer to pick them up before the expiration of the Order of
Protection on February 21, 2014.
60) After
the expiration of the Order of Protection of February 21, 2014, Alain Jackson
prevented David from retrieving his supposed some boxes of personal property
and moved them to his own residence that he will not disclose.
61) David
Derringer has a witness to testify that Alain Jackson took the boxes of
supposed David Derringer’s personal property, and David Derringer has filed
criminal charges of “embezzlement” with APD.
62) Attorney
Alain Jackson, formerly representing Barrie Derringer, aka Barrie Beverley, aka
Barrie Crowe has been disbarred and will not disclose his address with anyone.
63) By
delivery of the David Derringer personal property to Alain Jackson, Barrie has
impeached herself of former testimony under oath that she had no property of
David Derringer’s and still will not return the gold wedding ring of which
Barrie testified she would in DM-12-610.
WHEREFORE, David Derringer
claims $100,000.00 equity restitution against Barrie Lee Crowe aka Barrie Lee
Derringer aka Barrie Lee Beverley as equitable settlement of monies and
community property share and restitution for the conversion of personal
property of David Derringer, and another $100,000.00 of punitive damages to
deter other women similarly situated that they cannot steal/convert
pre-marriage personal property of a husband, cannot steal inheritance funds to
pay their pre-marriage IRS debt, cannot break into storage and steal all
community and personal property of a spouse before filing for divorce, cannot
take all community income and bank account monies, and cannot disavow community
debt and take a vehicle without proper divisions of equity and other deviant
acts, and any and other relief the court deems just and proper.
Count 2-Constitutional, Bill of Rights, Declaration of Independence,
and New Mexico Constitutional Rights deprivations to David Derringer
64) Plaintiff
adopts and incorporates by reference herein paragraphs 1-63 of the complaint as
if set forth in full.
65) Defendant
Barrie used fraud and perjury to obtain a civil order of protection in
DV-12-234 taking away 2nd Amendment Constitutional rights against David
Derringer for a period of two years; also having the known effect of depriving
David Derringer any income with a known occupation of professional
outfitter/hunter with New Mexico Game and Fish license #32 in New Mexico,
absolutely requiring firearms for such occupation, and did so without legal
service of summons and without any waiver of service of summons from David
Derringer. as well as Constitutional deprivations against David Derringer
making any income by depriving legal use of firearms and other deprivations of
1st, 2nd, 4th, 5th, 13th
and 14th Amendment rights.
66) The US Code Title 42 Section 1982 guarantees
David Derringer the rights to own, use and possess firearms and ammunition as
personal property without any felonies under US Code Title 18.
67) The
US Constitution guarantees David Derringer the rights to own, use, and possess
firearms and ammunition for all lawful purposes including “self-defense” as
per: US Constitution "A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear Arms, shall
not be infringed." This is well established as a “personal right” in the
US Supreme Court Case No. 10-1521.
68) The
New Mexico Constitution guarantees David Derringer the rights to own, use and
possess firearms and ammunition for all lawful purposes including “self
defense” and making a living as a professional hunter. New Mexico Constitution
Article 2 Section 6 : "No law shall abridge the right of the citizen to
keep and bear arms for security and defense, for lawful hunting and
recreational use and for other lawful purposes, but nothing herein shall be
held to permit the carrying of concealed weapons. No municipality or county
shall regulate, in any way, an incident of the right to keep and bear
arms."
69) On
February 21, 2012 Barrie Derringer illegally sought with perjury and fraud and
without legal service of summons and without any waiver of service of summons
from David Derringer to persecute, deceive the courts and sought in a
conspiracy to deny the rights, privileges and immunities of David Derringer’s
“rights to bear arms” in a deprivation of US Constitution, deprivation of the
US Code Title 42 Section 1982, and a deprivation of the New Mexico Constitution
Article 2 Section 6 for “malicious purposes” and “malicious prosecution” by mis
use of the courts, in order to do damages, restrict inalienable rights and
persecute and punish the husband David Derringer with “cruel and unusual
punishment”.
70) Taking
away Constitutional rights for even brief periods constitutes irreparable
damages, and Barrie relentlessly pursued this endeavor for a period of two
years until the Order of Protection was lifted on February 21, 2014.
WHEREFORE, David Derringer
claims $1,000,000.00 in Constitutional rights damages against Barrie Lee Crowe
aka Barrie Lee Derringer aka Barrie Lee Beverley and another $1,000,000.00 in
punitive damages taking the very meaning of being an “American” and rights to a
Constitution in the American Republic, and any and other relief the court deems
just and proper.
Count 3-Mental Anguish and Emotional Distress and Prima Facia Tort
71) Plaintiff
adopts and incorporates by reference herein paragraphs 1-70 of the complaint as
if set forth in full.
72) On
or about December 27, 2011, Barrie defied all marriage vows, equity, and in
total discharge of the legal marriage contract between David Derringer and
Barrie Derringer, abandoned both husband David Derringer and the Derringer
animals without ethical, legal or any justifiable cause, taking both community
property, discharge of community debts, and in total inequity to spouse David
Derringer, and then attacked David Derringer as an American to take away all
rights, immunities and privileges under US Constitution, NM Constitution, Bill
of Rights, Declaration of Independence, and to take and interfere with the sovereignty
of being a United States Citizen.
73) It
is abhorrent that a woman would betray
her husband, more disgusting that she would betray our animals to deprive
community income for water and food, but reprehensible as a vile act to the
very core of being an American and to destroy the very soul to take
Constitutional rights and subject a US Citizen to nothingness of citizenship by
acts of sedition and treason to our way of life in America.
74) Clearly,
Barrie was in a state of emotional instability or “hate mode” to do such
damages to her husband, their animals, and precipitate other ramifications that
survival was extreme and Barrie’s actions did much personal and physical damage
to the Plaintiff David Derringer, and there is not such thing as a “little
betrayal”, and no justification whatsoever for any of the egregious actions of
Barrie against David Derringer.
75) Each
of these acts was intended to injure the Plaintiff, and the Plaintiff has been
injured by each act of the Defendant, and has thus been damaged thereby
financially, emotionally, and physically with medical problems traced to the
stress caused by the Defendant.
76) If
the acts of the Defendants have been lawful, those acts also have been
intentional acts.
77) The
Defendant had no justification or insufficient justification for taking these
acts.
78) The
conduct of the Defendant was done with malicious intent, and in willful and in
reckless disregard of the rights and physical well being of the Plaintiff.
79) At
all times the Plaintiff has tried to talk with his wife while legally married,
tried to resolve all issues in court pleadings and making statements in such
court pleadings that should have made some sense to Barrie, with also trying to
make Barrie rational and was blocked by a no-contact order, violence, criminal
acts and deprivations by Barrie without any conscience, making this legal
action the only way to address and resolve the issues of now gaining equity in
a settlement of monies and personal property and equal division of community
proeprty, without any cooperation at any time by Barrie, forcing David
Derringer to use the courts to resolve issues that at all times should have
been initially resolved between “husband and wife” so as to avoid all legal
action that has occurred since December 27, 2011, or later for Barrie to simply
come forth to settle these matter in fairness and equity, but instead the
Defendant flees to Colorado to “move on” and simply ignore the damages and
inequity Barrie imposed upon another.
WHEREFORE, David Derringer
claims $50,000.00 in mental anguish, emotional distress and prima facia tort
against Barrie Lee Crowe aka Barrie Lee Derringer aka Barrie Lee Beverley, and
that this Court enter judgment against the Defendant of all counts for damages
claimed and in amounts secured by facts and law to be proved at trial,
sanctions and punitive damages that are indicated, and such other and further
relief as the Court deems just and proper.
Respectfully submitted by:
__David Derringer___________________
David Derringer Pro-Se Box 7431,
Albuquerque, New Mexico
87194
VERIFICATION
STATE OF NEW MEXICO )
) ss.
COUNTY OF BERNALILLO )
I, David Derringer, representing myself Pro-Se, being
first duly sworn, upon my oath state that I have written and read the foregoing
Complaint and know the contents thereof, and that the statements contained
therein are true to my knowledge, except for those statements made on
information and belief, which I believe are true.
David Derringer David
Derringer
SUBSCRIBED AND SWORN to before
me on February 26, 2015 by David Derringer.
(Seal)
Ronald J. Medina
My Commission Expires:
_3/5/18________ _Ronald J. Medina_
NOTARY
PUBLIC
STATE OF NEW
MEXICO
COUNTY
OF BERNALILLO
IN THE SECOND JUDICIAL DISTRICT COURT
DAVID DERRINGER
Plaintiff,
No.
________________
v.
BARRIE LEE CROWE AKA BARRIE LEE DERRINGER
AKA BARRIE LEE BEVERLEY
Defendant,
SUMMONS
TO: Barrie Lee Crowe aka Barrie Lee Derringer aka
Barrie Lee Beverley
ADDRESS: 9750 Saybrook St. Highlands Ranch, Douglas County, Colorado
80126, and 6148 Balsam Way Unit 212, Littleton, Colorado 80123, and 6155 S.
Ammons Way Unit 215, Littleton, Colorado 80123.
GREETINGS:
You
are hereby directed to serve a pleading or motion in response to the Complaint
filed in this cause within thirty (30) days after service of this summons, and
file the same, all as provided by law.
You are
notified that unless you serve and file a responsive pleading or motion, the
Plaintiffs will apply to the court for
the relief demanded in the Complaint.
Plaintiffs' Address:
Box
7431
Albuquerque,
New Mexico 87194
WITNESS the Honorable
Judge Brickman, District Judge of the
Second Judicial District Court
of the State of New Mexico,
and the seal of the District Court of
that County of Bernalillo,
this_26th_day of February, 2015.
_____________________
District Court Clerk
By:__________________
Deputy
Note:
This summons does not require you to see, telephone or write to the District
Judge of the Court at this time.
It does require you or your attorney to file your
legal defense to this case in writing with the Clerk of the District Court
within 30 days after summons is legally served on you. If you do not do this,
the party suing may get a judgment by default against you.
