DISTRICT COURT DENVER COUNTY, COLORADO COURT ADDRESS: 1437 Bannock St # 256 Denver, CO 80202

SHELDON CHRYSLER, Plaintiff, Vs. THOMAS MARTINO, Defendants. Plaintiff: Sheldon A. Chrysler 743 Glencoe Street Denver, CO 80220 303 355-4872 Court Use Only

Case No. Division:

COMPLAINT FOR DAMAGES COMES NOW, the Plaintiff, above-named and submits the within Complaint pro se asserting as follows: 1. 2. The amount in controversy exceeds $15,000.00. That the Plaintiff, Sheldon Chrysler, currently resides and has resided in the City and County of Denver at all times relevant in this action. Defendant, Thomas Martino, currently resides and has resided in Arapahoe County at all time relevant in this action. That venue is proper in the County of Denver because Plaintiff resided in the County of Denver at the time of the commission of the tortuous acts by Defendant and the conduct was transmitted to Plaintiff electronically to Plaintiffs computer at his residence in the County of Denver from either Defendants computer in the County of Arapahoe or Defendants portable electronic communication device.

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Plaintiff and Defendant had previously been friends for over twenty years. Plaintiff had met Defendant through business interactions and subsequently developed a long-lasting friendship. FIRST CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

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Plaintiff would incorporate by reference paragraphs 1 through 6 as set forth above. During the course of that friendship, Defendant became aware of Plaintiffs chronic, clinical depression and referred Plaintiff to Defendants psychiatrist. At all times relevant to this case, Defendant was well aware of the fact that Plaintiff was considered disabled as a result of his chronic and clinical depression, as well as physical ailments. During the course of a period of time in the final months of 2011, Defendant engaged in a continued pattern of extreme and outrageous conduct in contacting Plaintiff both by telephone and by e-mail in a specific effort to cause Plaintiff severe emotional distress. Given Defendants knowledge of Plaintiffs emotional and psychological condition, Defendant knew or should have known that his actions would lead to Plaintiff suffering from severe emotional distress. Plaintiff contends that it was Defendants desired intent to cause Plaintiff serious and lasting emotional distress by a series of continued conduct in which Defendant made numerous outrageous statements and threats to Plaintiff. Based on their long-standing friendship and Defendants knowledge of Plaintiffs fragile mental and emotional state, Defendant had duty to exercise due care towards Plaintiff. Defendant engaged in a series of harassing, intimidating, and threatening e-mails directed towards Plaintiff in which he used extreme profanity, name-calling, abusive comments, and threats. Starting in May 2009, Defendant started a course of continued e-mail harassment and intimidation. Starting on May 21, 2009, Defendant commenced using profanity towards Plaintiff and commenced referring to
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Plaintiff in such derogatory terms as being a disgrace and telling Plaintiff that he in profanity that Plaintiff should have sex with himself. Defendant then continued to use profanity to claim that Plaintiff was a liar and a sack of defecation. 16. On October 29, 2011, Defendant sent Plaintiff an e-mail in which Defendant made a series of extremely derogatory, inflammatory, and distressing comments about Plaintiff. As part of that e-mail entitled MY REGRET, Defendant referred to Plaintiff as a pitiful pieve (sic) of sh**t. Additionally, Defendant claimed that Plaintiff was a lonely, nasty, grumpy excuse for a human and a waste of skin. On October 30, 2011, Defendant sent Plaintiff an e-mail in which Defendant referred to the Plaintiff as a spineless piece of sh**t (expletive) in the subject line, along with a comment inquiring of Plaintiff (j)ust checking to see if you got my message. Defendant continued on to again contend that Plaintiff was a sorry piece of sh**t. Then, Defendant went on to claim that Plaintiff was a bitter, selfish, evil person to the core. Defendant further struck an even more sore spot for Plaintiff by claiming that is why your brother (with whom Plaintiff had an incredibly strong bond) hating you. Defendant knew that such comments would be incredibly devastating to Plaintiff, as Defendant had known that Plaintiff had mourned the death of his twin brother for the previous decade and had even written a book and published the book regarding the special connection between Plaintiff and his twin brother, Barry. In the same e-mail, Defendant claimed that Plaintiff was simply made of sh**t, sh**t to the core, and a dirt bag. In conclusion, Defendant specifically threatened that if Defendant ever saw Plaintiff again that Plaintiff would not like the results, which Plaintiff understandably and reasonably took as being a threat that Defendant would physically assault Plaintiff. Throughout Defendants conduct towards Plaintiff, Defendant specifically intended to cause emotional distress to Plaintiff. Defendant Martinos conduct was intentional and malicious and done for the purpose of causing Plaintiff to suffer humiliation, mental anguish, and emotional and physical distress. As a proximate result of Defendant's extreme and outrageous conduct directed towards Plaintiff, Plaintiff has suffered severe humiliation, mental anguish, and emotional and physical distress, and has been injured in mind and body to such an extent that Plaintiffs depression has worsened

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severely. As a result of Defendants conduct, Plaintiff is so depressed and distraught that he is unable to work, unable to take care of normal social and normal functions to the point that he has isolated himself from all other individuals. Because of this severe exacerbation of Plaintiffs depression, Plaintiff has been unable to work and has lost his family residence to a foreclosure, due to his inability to work and earn funds to pay his mortgage. 23. As a result of Defendants conduct and the impact of the conduct on Plaintiff, Plaintiff has sustained considerable damages in a sum that need to be determined by the trier of fact in this case, to include loss of enjoyment of life, loss of wages, continuing medical and related expenses. JURY DEMAND

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Plaintiff would hereby request a trial by jury with the maximum number of jurors allowed pursuant to Colorado law. Consequently, Plaintiff is requesting an award of damages, costs, and treble damages for extreme and outrageous conduct committed by Defendant as part of this legal action. WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount specified above and for such other and further relief as this Court deems just and proper.

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Respectfully Submitted,

_____________________ Sheldon Chrysler Plaintiff (proceeding pro se)

District Court, Denver County, Colorado Court Address: 1437 Bannock Street Denver, CO 80202

SHELDON CHRYSLER, PlaintifF, v. THOMAS MARTINO Defendant

COURT USE ONLY

Case Number:

Division:

Courtroom:

DISTRICT COURT CIVIL SUMMONS

TO THE ABOVE NAMED DEFENDANT: THOMAS MARTINO YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court an answer or other response to the attached Complaint. If service of the Summons and Complaint was made upon you within the State of Colorado, you are required to file your answer or other response within 21 days after such service upon you. If service of the Summons and Complaint was made upon you outside of the State of Colorado, you are required to file your answer or other response within 35 days after such service upon you. Your answer or counterclaim must be accompanied with the applicable filing fee. If you fail to file your answer or other response to the Complaint in writing within the applicable time period, the Court may enter judgment by default against you for the relief demanded in the Complaint without further notice.

Dated: _____________________

___________________________________________ Clerk of Court/Clerk ___________________________________________ Signature of Plaintiff ___________________________________________ Address of Plaintiff ___________________________________________ ___________________________________________ Plaintiffs Phone Number

This Summons is issued pursuant to Rule 4, C.R.C.P., as amended. A copy of the Complaint must be served with this Summons. This form should not be used where service by publication.

COUNTY COURT ADAMS COUNTY, COLORADO COURT ADDRESS: 1437 Bannock Street Denver, CO 80202 SHELDON CHRYSLER, Plaintiff, Vs. THOMAS MARTINO, Defendant. Court Use Only Case No. Division:

Plaintiff: Sheldon A. Chrysler 743 Glencoe Street Denver, CO 80220 303 355-4872

RETURN OF SERVICE
State of COLORADO County of _____________ I declare under oath that I served the following documents: Complaint for Damages; Summons; on the Defendant in Check one: by handing it to the person identified to me as the person indicated above. by leaving it with the defendant who refused service. by leaving it with designated to receive service for the defendant. I am over the age of 18 years and am not interested in nor a party to this case. I attempted to serve the person indicated above on _____occasions but have not been able to locate the person indicated above. ____________________________ Private Process Server Date County on at at the following location:

Signed under oath before me on _________ Notary Notary Public/Address My Commission expires: ____________