The call came in at 9:30pm on July 2, 2004 to report that the Defendants had been successfully served the complaint only a few minutes prior at KMC's home. I was relieved that I'd received word before the upcoming long holiday weekend. The process server announced that both DF and KMC were stunned to answer the door to find him present each, yes, that's right, each a copy of the complaint.
More than 2 months had passed since the divorce was settled, yet DF's recalcitrance to comply with any of the requirements mandated by the Court had continued well after the process was over. He still had keys to all of my facilities, the handful of Agreements conveying 50% interest to him in my businesses and properties, that had been coerced from me under false pretenses, had not been returned, nor had the company laptop and he had not signed a Quitclaim on my home, preventing me from either selling it or trying to seek a mortgage with a better interest rate. Not to mention the periodic calls from both of them to affect more pressure and threats.
I'd deliberated over filing a separate claim against them for quite some time, hoping that, at the very least, he'd respect the declaration of the Court and comply for the first time in the process. It became crystal clear to me that retrieving anything awarded to me in the divorce was equivalent to prying something from a vice grip. I'd been gracious throughout the entire 18 months that preceded the day we'd terminated our union, never voicing my thoughts on their activities, quietly dealing with whatever was thrust in my path and basically concentrating on recovering from the whole episode.
More than 2 months had passed since the divorce was settled, yet DF's recalcitrance to comply with any of the requirements mandated by the Court had continued well after the process was over. He still had keys to all of my facilities, the handful of Agreements conveying 50% interest to him in my businesses and properties, that had been coerced from me under false pretenses, had not been returned, nor had the company laptop and he had not signed a Quitclaim on my home, preventing me from either selling it or trying to seek a mortgage with a better interest rate. Not to mention the periodic calls from both of them to affect more pressure and threats.
I'd deliberated over filing a separate claim against them for quite some time, hoping that, at the very least, he'd respect the declaration of the Court and comply for the first time in the process. It became crystal clear to me that retrieving anything awarded to me in the divorce was equivalent to prying something from a vice grip. I'd been gracious throughout the entire 18 months that preceded the day we'd terminated our union, never voicing my thoughts on their activities, quietly dealing with whatever was thrust in my path and basically concentrating on recovering from the whole episode.
Clearly DF, and to some degree even KMC, had under-estimated me and my requests that we settle the matter in a fair and equitable fashion and move forward without intervention. I'd hoped we could have ended the situation in an amicable fashion. His recent defiant stance to ignore Court order was in typical fashion and forced me to accept that I'd have to take a firmer position and seek redress. Furthermore, this new claim should have come as no surprise, as DF had agreed by signing the Consent Judgment of divorce that the Court had preserved my right to do so.
Indeed, while I had been generous in gesture from the beginning and had exercised "virtue" at every stage, they'd opted to always favour "vice".
Dante's Divine Comedy ranks the seven vices, in order of severity as:
- pride or vanity ~ an excessive love of self
- avarice or greed ~ a desire to possess more than one has need or use for
- lust ~ excessive uncontrollable sexual desire
- wrath or anger ~ feelings of hatred, revenge or even denial, as well as punitive desires outside of justice
- gluttony ~ overindulgence in food, drink or intoxicants
- envy or jealousy ~ resentment of others for their possessions
- laziness, idleness or wastefulness
The Defendants would have 21 days to proffer an answer to the counts of Fraud, Intentional Infliction of Emotional Distress, Conspiracy, Slander and Breach of Fiduciary Duty.
NB: The keys were finally returned in October 2004, (6 months after the divorce) The Quitclaim would not be signed until November 24, 2005 (18 months after the divorce) and to this date, some 2 years later, the Agreements and the laptop, haven't been returned either.
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