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Author: ssent

To: Killer R, who is actually David William Allender Hiding out in Manson, Washington For any who need to serve him... --- An Austin Travis County Texas judge today ordered Defendant David William Allender, president of Awesome's Diversified, Inc., (ADI), to pay up in Texas, awarding Plaintiffs in a case versus Allender a $10,000 default judgement.

The Plaintiffs — Jim Lacey and Jon Hoffman of TSS Enterprises/Omni-Secure — presented convincing evidence in their lawsuit against Allender to show that Allender failed to render full payment after a 3-month customized software project the Plaintiffs were contracted to build for Allender and ADI. Said Lacey after the victory, "Justice has been served. We faithfully executed our part of the bargain and uploaded the completed project to Mr. Allender's server. Mr. Allender then changed the username and password to the server so we could not access the software, filed disputes with PayPal for remuneration of payments he had made, and got away with the software on which a balance was still due." Lacey states that Allender not only refused to pay the remaining balance but haughtily declared he would modify the software any way he chose.

Allender's physical address is not known, though Plaintiffs report he is believed to live in a somewhat remote area of Washington near the small community of Manson. "He hides out somewhere up in the mountains" says Lacey.

The Plantiffs have doggedly pursued Allender some 8 months, finally tracking him down to an undisclosed property in the Manson area.

Allender is presumed to be the sole registered agent of the ADI corporation he presides over as president. Plaintiffs Lacey and Hoffman were angered by Biennial, Periodic, Annual and Amended records on file at the Secretary of States Office in Colorado, to whom Allender has apparently submitted reports for 16 years that cite office addresses in the Fort Collins area Lacey believes are all bogus. He complains that attempts to locate Allender at any of the declared locations proved futile and revealed that the most recent address on file for Allender is a Gilgalad Way address in Fort Collins, Colorado that turns out to be a computer repair shop.

Says Lacey, "This latest address at Gilgalad Way opens a whole new can of worms because it is apparently within a sub-divison of Fort Collins that strictly disallows home businesses." That would mean neither ADI nor the computer shop legally qualifies to conduct business there, he explains.

Adding to the mystery is an inquiry launched by Lacey to computer shop owner, Robert R. Sireno, in which Lacey asks for clarification of ownership of the shop and how many other businesses are operating out of the location. "What I got was a Cease and Desist email," says Lacey, "in which Mr. Sireno stated any further attempts to contact him would be reported as criminal harrassment." Lacey finds Sireno's reaction "a little defensive to say the least," and notes that Sireno has since posted a new address online for the shop's location.

He meanwhile recalls his determination to find Allender, beginning with his very first attempt in November of 2010 when he "Googled" ADI and got 86,300,000 hits. "I wondered, Lord, how will I ever sift through 86 million possibilities?" But sift he did, and as fate would have it — together with a lot of luck, he admits — Lacey was able to associate Allender's name with records on file at the SOS, Colorado office. And yet the trail would get longer, a lot longer, before Lacey finally discovered two address on file serving as Allender's legal business address. One of these was in Colorado, the other in Washington.

Lacey decided to chase the Washington lead first. It was shown as a suite ("ste") located on Bridgeport Way in the upscale area of posh University Place, Washington. His excitement over having finally closed in on locating and serving Allender was quickly diffused however, when the "suite" in question turned out to be UPS mailbox ("…with presumably very small furniture," quips Lacey).

After much ado about plenty, Lacey says he served Allender at both of the legal addresses to be safe. Allender, whose online assaults of Lacey especially, but of Hoffman as well, totally shocked the Plaintiffs when he chose to ignore an opportunity to finally face off against the pair in court, a legal battle Allender has widely advertised he could hardly wait for. But he failed to respond in writing or to appear before the Justice of the Peace, Pct 1, Travis County, Texas, and his window of opportunity to do so closed 9 May 2011. Accordingly, the judge in the case granted the Plaintiffs a default judgment.

Allender side-kick and employee Peggy Star, initially named in the lawsuit, had meanwhile disavowed any ownership in ADI and stated unequivocally that she was not a registered agent for the corporation. As the lawsuit was styled against both Star dba ADI and Allender dba ADI, the Plaintiffs were agreeable to dismiss charges against Star. This left Allender to face the music alone. Having already ignored his opportunity to appear, the Plaintiffs asked for and were granted default judgment in the lawsuit.

Allender is hardly out of the woods. He faces possible new lawsuits from Lacey — two in fact, one for Defamation and another for Copyright Infringement. Lacey was asked if he intends to file an abstract of lien on Allender's real property. He could also pursue a Writ of Execution to seize assets to satisfy the judgement. Lacey says, "That all depends on Mr. Allender, to whom I offered a non-monetary judgment at least two months ago under which we'd both cease and desist our differences with one another online and turn the page of peace. Mr. Allender responded, 'F… your truce'. He's a difficult individual," notes Lacey.

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