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24CV004366-310
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
COUNTY OF DURHAM SUPERIOR COURT DIVISION
FILE NO.
AKIRA MONTAGUE,
Plaintiff,
Vv. COMPLAINT FOR CRIMINAL
CONVERSATION, ALIENATION OF
BRENAY KENNARD AFFECTION AND ATTORNEY FEES
Defendant. (JURY TRIAL DEMANDED)
NOW COMES Plaintiff, by and through counsel, complaining of Defendant, and saying
as follows:
JURISDICTIONAL ALLEGATIONS
1. Plaintiff is a citizen and resident of Durham, North Carolina and has been for more than
six (6) months next preceding the commencement of this action.
2. Defendant is a citizen and resident of Pitt County, North Carolina and has been for more
than six (6) months next preceding the commencement of this action.
Media Influencer with
Upon information and belief, Defendant is employed as Social
3. a
nts and commissions
multiple sources of income, including but not limited to endorseme
4, The Defendant has over two million followers on Tiktok and Three Hundred Thousand
followers on Instagram
5. To the marital union Plaintiff and her Husband were lawfully married on October, 20
to herein remained
2018, in Wake County, North Carolina, and at all relevant times referred
husband and wife.
6. There were two children born of the marriage between Plaintiff and her Husband; Jakobi
Darnell Montague born on June 10, 2019, and Baileigh Veneta Montague, born on July 2, 2021.
PR
El
ectroni
cal
lyFi
led Date:5/28/2024 2:11 AM Durham Superi
orCourtCountyCl
erkofSuperi
orCourt
this complaint, Plaintiff and her Husband had a happy and loving marriage.
8. Plaintiff was a faithful and dutiful spouse and provided a comfortable home environment
for her Husband.
9. Prior to the deliberate interference of Defendant, moreover, the marriage of Plaintiff and
her Husband was one in which genuine love and affection existed between them.
10. Plaintiff and her Husband separated on March 14, 2024.
11. The interference of Defendant involved wrongful and malicious acts that caused Plaintiff
and her Husband's genuine love and affection to be destroyed.
FIRST CAUSE OF ACTION:
CRIMINAL CONVERSATION
12. Plaintiff repleads and incorporates herein by reference, to the Jurisdictional Allegations
set out in Paragraphs 1
through 11.
13. Atall times mentioned herein, Defendant had actual knowledge of Plaintiff's marriage to
Timothy Montague.
14. Plaintiff and Defendant developed a close friendship due to Plaintiff's Husband being
close with Defendant's Husband.
15. Defendant was married to the first cousin of Plaintiff's Husband.
16. Plaintiff considered Defendant to be family, as they both would confide in each other
about one another's marriages.
17. Defendant utilized the personal information gained from the friendship to seduce
Plaintiff's Husband.
18. Plaintiff confided in Defendant about personal matters concerning her marriage including
a pregnancy during which her husband cheated on her.
a Sales Manager
19. Defendant is a Social Media Influencer and Plaintiff's Husband was
who managed Defendant.
she engaged in behavior designed to
20. Shortly after Defendant met Plaintiff's Husband,
but not limited to:
seduce him and interfere with Plaintiff's marriage including,
(a) Wearing very short skirts;
husband while wearing short skirts;
(b) Bending over in front of Plaintiff's
(c) Twirling her hair in a flirtatious manner;
in a flirtatious manner
(d) Flicking her tongue to expose her tongue rings
and
Verbally flirting with Plaintiff's husba
nd.
(e)
21. Defendant continued to pursue a friendship with
Plaintiff while seducing Plaintiff's
Husband.
Defendant would do cooking videos in the marital home
of Plaintiff, involving her own
22.
husband and Plaintiff and her Husband.
Plaintiff's Husband, many of
23. The Defendant started to make social media posts with just
which were without the Plaintiff's knowledge or consent.
'The Plaintiff then noticed more frequently that the
videos began to only involve the
24.
Defendant and Plaintiffs Husband.
in acts of
25. Plaintiff is under the belief and has physical evidence Defendant engaged
sexual intercourse with Plaintiff's husband during
Plaintiff's marriage including in the marital
home.
her on sales calls, by telling him
26. Defendant would insist that Plaintiff's Husband go with
that she "needed [her] sales manager to play with [her]."
ber 2023, in the marital home.
27. Defendant first had sex with Plaintiff's Husband in Decem
28. Plaintiff became aware of Defendant's sexual affair with her Husband in January, 2024
from a video of the two in the marital home.
29. Defendant was seen twerking and shaking her bottom on Plaintiff's Husband in a
bathroom located in the marital home.
30. The Defendant and Plaintiff's Husband constantly flaunt their relationship to the public
on social media.
31. The Defendant constantly posts on social media showing a flirtatious interaction between
her and Plaintiff's Husband in the comments.
32. The Defendant's public post reaches on average Twenty Thousand people over the world
wide web and social media.
33. Plaintiff's Husband and Defendant exchanged numerous sexual videos and text messages.
34. Plaintiff's Husband experienced a death in the family and stayed home from work,
Defendant without consent from Plaintiff stayed in the marital home while Plaintiff was at work.
35. Defendant frequently met with Plaintiff's Husband at the marital home they shared.
36. Defendant made videos about how she couldn't wait to have the Plaintiff's Husband's last
name.
37. Defendant also talked about how good and sexy the Plaintiffs Husband made her feel.
38. Defendant can be seen in a video recorded by Plaintiff's Husband laying on him in a bed,
in a 'cuddle' position.
39. Defendant can be found in a self-recorded videos expressing her inappropriate feelings
and interactions with Plaintiff's Husband including all but not limited to:
(a) Expressing her overwhelming desire to have four to five kids with Plaintiff's Husband;
(b) Alluding to how she can not wait to become "Mrs. Montague;"
(c) Expressing how much she loves and yearns for them to be together;
(d) Expressing how she will do anything for him and would give him the world;
(e) Expressing how Plaintiff's Husband makes her female genitals throb;
(f) Expressing how she feels when he touches her, especially when his hand is on her thigh
while driving;
(g) Expressing how their sexual interactions make her feel, while detailing the size of
Plaintiff's Husband's genitals.
40. Defendant can be seen in videos reminiscing and bragging about just having sexual
intercourse with Plaintiff's Husband and wanting more of it.
41. Defendant can be seen in the videos laughing and showing no remorse for her actions
making a mockery of Plaintiff and her Husband's marriage.
42. The acts of sexual intercourse between Defendant and Plaintiff's Husband were without
consent or connivance of Plaintiff.
43. Plaintiff tried to reconcile the marriage by suggesting marriage counseling but Plaintiffs
Husband refused and took off Plaintiff's ring pushing it in her chest.
44. Defendant's acts of sexual intercourse with Plaintiff's Husband during Plaintiff's
marriage resulted in the separation of Plaintiff and Plaintiff's Husband.
45. Plaintiff recalls raa moment in February of 2024, where she walked into the marital home
and her Husband did not acknowledge her, moreover when Defendant walked into the marital
home seconds later he acknowledged her.
46. Defendant had engaged in an emotional and sexual affair with Plaintiff's Husband since
at least December of 2023, all while having knowledge of Plaintiff and her husband's marital
union.
47. Defendant told at least one of Plaintiff's friends that Plaintiff's Husband would cheat on
Plaintiff.
48. Since December 2023, Defendant had sex on multiple other occasions with Plaintiff's
Husband in the marital home and in Defendant's home.
49. Between December, 2023 until present day, Defendant had sex on other numerous
occasions with Plaintiff's Husband, which included sex in the marital while Plaintiff was asleep.
50. During the time period of the affair, as alleged above, Defendant and her Husband
attended family gatherings, group dinners, holiday parties, birthday parties, basketball and
baseball games with Plaintiff and Plaintiff's Husband.
51. Defendant attended a Christmas celebration with Plaintiff and her Husband in December
of 2023 at Plaintiff's Mother's house.
52. Defendant's social media pages are known for involving death threats toward the
Defendant.
53. Defendant has posted Plaintiff's minor children without her consent all over social media,
to her high volume of followers.
54. Defendant's action was so severe Plaintiff had to send a cease and desist letter to stop
Plaintiff's children and Plaintiff from receiving death threats.
55, Plaintiff's Husband abandoned Plaintiff and their children and left the marital home and
moved into Defendant's townhouse in Greenville, NC.
56. At this present time Defendant continues a sexual relationship with Plaintiff's Husband.
57. Defendant provides housing and financial support to Plaintiff's Husband, including
cosigning the lease for the apartment where Plaintiff's Husband currently resides.
58. Defendant, well knowing Timothy Montague to be Plaintiff's Husband, unlawfully
gained the affections of Plaintiff's husband, alienated his affections from Plaintiff, and induced
him to neglect Plaintiff, their children, and his home.
59. Defendant has flaunted her affair and romantic relationship with Plaintiff's Husband in
public and private places, in and around friends and acquaintances of Plaintiff, and
with the
intent to humiliate Plaintiff.
60. Asadirect result of Defendant's actions including sexual intercourse with Plaintiff's
Husband and Defendant's excessive posting on social media, Plaintiff has been deprived of: a)
the right to consortium, b) society, companionship, friendship, sexual relations, aid and
assistance, and c) economic and financial support of Plaintiff's Husband.
61. Asadirect result of Defendant's actions including sexual intercourse with Plaintiff's
Husband, Plaintiff has suffered humiliation, mental and emotional anguish, and injury to her
health.
62. Asadirect result of Defendant's malicious and unlawful conduct with Plaintiff's Husband
the children born to the marriage have been deprived of a two parent household with the love
and affection from their mother and father and financial stability.
63. The entirety of the conduct and the injuries complained of in this Complaint for which
relief is sought occurred in the State of North Carolina.
64. By reason of Defendant's malicious and unlawful conduct with Plaintiff's Husband,
Defendant has alienated Plaintiff's Husband's affections from Plaintiff; has deprived Plaintiff of
the comfort, society, aid, services, and love and affections of her Husband; and has destroyed
Plaintiff's happiness and home.
65. Due to the above-mentioned conduct of Defendant, Plaintiff has been damaged in an
amount in excess of One Hundred and Fifty Thousand Dollars ($150,000.00).
66. That acts of Defendant were malicious, unlawful, willful and wanton. The evidence will
display ill-will, spite, rudeness and oppression against Plaintiff and was done with a careless,
reckless, conscious and intentional disregard of and indifference to the rights of Plaintiff. By
reason thereof, Plaintiff is entitled to recover punitive damages from Defendant.
SECOND CAUSE OFACTION:
ALIENATION OF AFFECTION
67. Plaintiff realleges and incorporates herein by reference the allegations contained in
Paragraphs 1-66 as if fully set forth herein.
68. Plaintiff and Plaintiffs Husband had a supportive and loving marriage prior to the acts
and conduct of Defendant as herein being alleged with genuine love and affection existing
between Plaintiff and Plaintiff's Husband.
69. Upon information and belief, Plaintiff's Husband and Defendant became friends when
Defendant married Plaintiff's Husband first cousin.
70. Defendant indicated she was having marital problems and began to stay in the home of
Plaintiff and Plaintiff's Husband.
71. Defendant continuously used the information gained from the friendship with the
Plaintiff including information vented to her about the Plaintiff's marriage to gain the trust and
confidence of Plaintiff's Husband.
72. Defendant then proceeded to sleep and seduce Plaintiff's Husband.
73. Defendant never disclosed the relationship to the Plaintiff and continued to be her friend.
74. Defendant made several social media posts with all four parties throughout the year 2023
with: Plaintiff, Plaintiff's Husband, Defendant and Defendant's Husband.
75. Defendant showcased the life of the two couples on social media and then proceeded to
sleep with Plaintiff's Husband.
76. The Defendant started to make social media posts with just Plaintiff's Husband, many of
which were without the Plaintiff's knowledge or consent.
77. December 2023, Defendant came to the Plaintiffs Mothers' home and spent Christmas
with her family.
78. Defendant would also spend time with the Plaintiff and the Plaintiff Husband children.
79. Defendant, well knowing that Plaintiff's Husband was the husband of Plaintiff, engaged
in sexual intercourse with Plaintiff's Husband without the consent of Plaintiff.
80. Defendant, well knowing that Plaintiff's Husband was the Husband of Plaintiff, engaged
in sexual relations and intercourse with Plaintiff's husband on more than one occasion before
Plaintiff and her Husband separated.
81. Defendant has flaunted her affair and romantic relationship with Plaintiff's Husband in
public and private places, in the presence of friends and acquaintances of Plaintiff and with the
intent to humiliate Plaintiff.
82. Defendant has flaunted the affair and romantic relationship on various platforms such as
Facebook, TikTok, and Twitter.
83. Defendant wrongfully and maliciously deprived Plaintiff of the companionship, society,
contributions and services of Plaintiff's Husband, without regard for the well-being of Plaintiff's
marriage and family.
84. Plaintiff was a supportive, dutiful and faithful wife and maintained a loving and healthy
home environment for Plaintiff's Husband and two minor children.
85. Defendant's tortious actions include but are not limited to:
a) Engaging in a sexual and personal relationship with Plaintiff's Husband during Plaintiff's
marriage.
b) Using confidential information shared between both parties (Plaintiff and Defendant), to
seduce Plaintiff's Husband.
c) Sleeping with Plaintiff's Husband in their marital home.
d) Sleeping with the Plaintiff's Husband in the marital home in the marital bed.
e) Sleeping with Plaintiffs Husband in the marital home on the couch.
f) Making social media posts to her millions of followers with the Plaintiff's Husband and
showing the entire world wide web that they are in fact a couple.
g) Planning and taking trips with the Plaintiff's Husband without the knowledge or consent
of the Plaintiff.
h) Making several videos expressing her love for the Plaintiff Husband.
i) Making several videos expressing her future with the Plaintiff's Husband including
having four to five kids and getting married.
j) Making several videos with the Plaintiff's Husband stating that she can not wait to be
"Mrs. Montague."
k) Allowing the Plaintiff's Husband to move in with her when he left the marital home after
the separation of couple due to the Defendants actions.
1) Assisting the Plaintiff's Husband in securing housing to help him leave the marital home
that they once shared, including cosigning a lease to the apartment the Plaintiff's
Husband currently resides in.
86. During the time described and as a direct result of Defendant's seduction of Plaintiff's
Husband, Plaintiff's Husband began to withdraw emotionally from Plaintiff. The Plaintiff hid
phone and email communications with Defendant. Additionally, Plaintiff Husband began
concealing his financial matters and expenses, including hiding the many outings, dates,
transactions, and payments with the Defendant.
87. Plaintiff recalls a moment in February 2024, where she walked into the marital home and
her Husband did not acknowledge her, moreover when Defendant walked into the marital home
seconds later he acknowledged her.
88. Plaintiff tried to reconcile the marriage by suggesting marriage counseling but Plaintiff's
Husband refused and took off Plaintiff's ring pushing it in her chest.
89. Defendant pursued a romantic and inappropriate relationship with Plaintiff's Husband
and engaged in such relationship knowing and being aware of the existence of Plaintiff's
marriage and young children in the Plaintiff's home. Despite such knowledge, and knowing the
effect that her relationship with Plaintiff's Husband would have on the marital relationship, the
Defendant continued and persisted in a course of conduct that was deliberate and intentional, and
maliciously designed to seduce Plaintiff's husband and to alienate Plaintiff's Husband's love and
affection from the Plaintiff. The Defendant has intentionally, wrongfully and unjustifiably
interfered with the relationship between the Plaintiff and her Husband. The Defendant's repeated
actions and behavior, knowing that the Plaintiff was seeking to maintain and continue a
relationship of love and affections with her husband, were reckless and willful and especially
aggravated and wanton.
90. As a direct and proximate result of the wrongful, willful, wanton, aggravating and
malicious conduct of the Defendant, the martial relationship between the Plaintiff and Plaintiff's
Husband was irretrievably damaged and destroyed.
91. As a direct and proximate result of the wrongful, willful, wanton, aggravating and
malicious conduct of the Defendant, Plaintiff has been deprived of the love, affection,
companionship, society, consortium, sexual relations and economic support of Plaintiff's
Husband and Plaintiff has suffered injury to her physical and mental health and reputation.
92. Defendant's repeated actions and behavior in pursuing and engaging in an inappropriate
romantic relationship including publicly displaying the relationship; knowing that the plaintiff
was maintaining and continuing a marital relationship with Plaintiff's Husband and co-parenting
in the marital home to the Plaintiff's Biological Children, were reckless and willful, and
to
especially aggravating and wanton, for which Defendant is liable for punitive damages
Plaintiff.
93. Due to the above-mentioned conduct of Defendant, Plaintiff has been damaged in an
amount in excess of One Million Dollars ($1,000,000.00).
94. That acts of Defendant were malicious, unlawful, willful and wanton. The evidence will
was done with a careless,
display ill-will, spite, rudeness and oppression against Plaintiff and
reckless, conscious and intentional disregard of and indifference to the rights of
Plaintiff. By
reason thereof, Plaintiff is entitled to recover punitive damages from Defendant.
THIRD CAUSE OF ACTION
ATTORNEY FEES
95. Plaintiff hereby incorporates by reference paragraphs 1-94 herein as if fully set forth
96. Plaintiff has instituted this action in good faith and does not possess the resources with
which to pay the costs incurred in this action including reasonable attorneys's fees incurred in
connection with Plaintiff's claims for Criminal Conversation and Alienation of Affection.
97. Defendant's actions were the sole. actual. and proximate cause of Plaintiff having to
incur substantial attorney's fees and that.but for the conduct of Defendant, Plaintiff would not
now be in a position of having to secure counsel and of having to incur substantial attorney's
fees.
WHEREFORE, Plaintiff respectfully prays the Court as follows:
1. Pursuant to Plaintiff's First Claim for Relief, Plaintiff have and recover from Defendant
compensatory damages in an amount in excess of One Hundred and Fifty Thousand Dollars
($150,000.00);
2. Pursuant to Plaintiff's First Claim for Relief, Plaintiff have and recover from Defendant
punitive damages in an amount in excess of One Hundred Thousand Dollars ($100,000.00);
3. Pursuant to Plaintiff's Second Claim for Relief, Plaintiff have and recover from
Defendant compensatory damages in an amount in excess of One Million Dollars
($1,000,000.00) for Defendant's alienation of affection of Plaintiff's Husband and
Plaintiff's loss
of society, comfort, friendship, assistance, consortium, sexual relations and economic support of
Plaimtiff's Husband, and injury to Plaintiff's health, feelings and reputation.
4. Pursuant to Plaintiff's Second Claim for Relief, Plaintiff have and recover from
Defendant punitive damages in an amount in excess of One Million Dollars ($1,000,000.00).
Defendant intentionally slept with Plaintiff's husband and now is in a relationship with him.
5. That Plaintiff have and recover from the Defendant pursuant to provisions of N.C.G.S.
24-5 for compensatory damages recovered from Defendant for criminal conversations.
6. That the Plaintiff have and recover interest of the Defendant pursuant to the provisions of
N.C.G.S. 24-5 for compensatory damages recovered from Defendant for alienation of affection.
7. That all issues in this case be tried by a jury;
8. That the costs of this action be taxed against Defendant;
9. For such other and further relief as the Court may deem just and proper.
10. That the cost of this action be taxed against the Defendant
11. That Defendant be required to pay the cost of this action including reasonable attorney
fees incurred in connection with Plaintiff's claims for Alienation of Affection and Criminal
Conversation
This day of May 2024.
netta B. Jones, kttorney for Plaintiff
heLaw Office of Robonetta B. Jones, PLLC
4208 Six Forks Rd, Suite 1000
Raleigh, NC 27609
Telephone: (919)-867-1611
VERIFICATION
AKIRA MONTAGUE, first being duly sworn, deposes and says that she is the Plaintiff in
the above-entitled action; that she has read the
foregoing document, and knows the contents
therein, and that the same is true to her own knowledge, save and except for those matters and
things stated herein upon information and belief, and as to such matters and things, she believes
them to be true.
STATE OF NORTH CAROLINA
VENETA L. SYDNOR
) BT Notary Public, North Carolina
Durham County
COUNTY OF DURHAM ) My s on Expires
wey, Z BORE
Sworn to and subscribed before me
day
this the-? 7 of May 2024, by AKIRA MONTAGUE.
L Sua
Type or Print Name: Wah byte
OTARY PUBLIC
My Commission Expires:
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Preview
24CV004366-310 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF DURHAM SUPERIOR COURT DIVISION FILE NO. AKIRA MONTAGUE, Plaintiff, Vv. COMPLAINT FOR CRIMINAL CONVERSATION, ALIENATION OF BRENAY KENNARD AFFECTION AND ATTORNEY FEES Defendant. (JURY TRIAL DEMANDED) NOW COMES Plaintiff, by and through counsel, complaining of Defendant, and saying as follows: JURISDICTIONAL ALLEGATIONS 1. Plaintiff is a citizen and resident of Durham, North Carolina and has been for more than six (6) months next preceding the commencement of this action. 2. Defendant is a citizen and resident of Pitt County, North Carolina and has been for more than six (6) months next preceding the commencement of this action. Media Influencer with Upon information and belief, Defendant is employed as Social 3. a nts and commissions multiple sources of income, including but not limited to endorseme 4, The Defendant has over two million followers on Tiktok and Three Hundred Thousand followers on Instagram 5. To the marital union Plaintiff and her Husband were lawfully married on October, 20 to herein remained 2018, in Wake County, North Carolina, and at all relevant times referred husband and wife. 6. There were two children born of the marriage between Plaintiff and her Husband; Jakobi Darnell Montague born on June 10, 2019, and Baileigh Veneta Montague, born on July 2, 2021. PR El ectroni cal lyFi led Date:5/28/2024 2:11 AM Durham Superi orCourtCountyCl erkofSuperi orCourt this complaint, Plaintiff and her Husband had a happy and loving marriage. 8. Plaintiff was a faithful and dutiful spouse and provided a comfortable home environment for her Husband. 9. Prior to the deliberate interference of Defendant, moreover, the marriage of Plaintiff and her Husband was one in which genuine love and affection existed between them. 10. Plaintiff and her Husband separated on March 14, 2024. 11. The interference of Defendant involved wrongful and malicious acts that caused Plaintiff and her Husband's genuine love and affection to be destroyed. FIRST CAUSE OF ACTION: CRIMINAL CONVERSATION 12. Plaintiff repleads and incorporates herein by reference, to the Jurisdictional Allegations set out in Paragraphs 1 through 11. 13. Atall times mentioned herein, Defendant had actual knowledge of Plaintiff's marriage to Timothy Montague. 14. Plaintiff and Defendant developed a close friendship due to Plaintiff's Husband being close with Defendant's Husband. 15. Defendant was married to the first cousin of Plaintiff's Husband. 16. Plaintiff considered Defendant to be family, as they both would confide in each other about one another's marriages. 17. Defendant utilized the personal information gained from the friendship to seduce Plaintiff's Husband. 18. Plaintiff confided in Defendant about personal matters concerning her marriage including a pregnancy during which her husband cheated on her. a Sales Manager 19. Defendant is a Social Media Influencer and Plaintiff's Husband was who managed Defendant. she engaged in behavior designed to 20. Shortly after Defendant met Plaintiff's Husband, but not limited to: seduce him and interfere with Plaintiff's marriage including, (a) Wearing very short skirts; husband while wearing short skirts; (b) Bending over in front of Plaintiff's (c) Twirling her hair in a flirtatious manner; in a flirtatious manner (d) Flicking her tongue to expose her tongue rings and Verbally flirting with Plaintiff's husba nd. (e) 21. Defendant continued to pursue a friendship with Plaintiff while seducing Plaintiff's Husband. Defendant would do cooking videos in the marital home of Plaintiff, involving her own 22. husband and Plaintiff and her Husband. Plaintiff's Husband, many of 23. The Defendant started to make social media posts with just which were without the Plaintiff's knowledge or consent. 'The Plaintiff then noticed more frequently that the videos began to only involve the 24. Defendant and Plaintiffs Husband. in acts of 25. Plaintiff is under the belief and has physical evidence Defendant engaged sexual intercourse with Plaintiff's husband during Plaintiff's marriage including in the marital home. her on sales calls, by telling him 26. Defendant would insist that Plaintiff's Husband go with that she "needed [her] sales manager to play with [her]." ber 2023, in the marital home. 27. Defendant first had sex with Plaintiff's Husband in Decem 28. Plaintiff became aware of Defendant's sexual affair with her Husband in January, 2024 from a video of the two in the marital home. 29. Defendant was seen twerking and shaking her bottom on Plaintiff's Husband in a bathroom located in the marital home. 30. The Defendant and Plaintiff's Husband constantly flaunt their relationship to the public on social media. 31. The Defendant constantly posts on social media showing a flirtatious interaction between her and Plaintiff's Husband in the comments. 32. The Defendant's public post reaches on average Twenty Thousand people over the world wide web and social media. 33. Plaintiff's Husband and Defendant exchanged numerous sexual videos and text messages. 34. Plaintiff's Husband experienced a death in the family and stayed home from work, Defendant without consent from Plaintiff stayed in the marital home while Plaintiff was at work. 35. Defendant frequently met with Plaintiff's Husband at the marital home they shared. 36. Defendant made videos about how she couldn't wait to have the Plaintiff's Husband's last name. 37. Defendant also talked about how good and sexy the Plaintiffs Husband made her feel. 38. Defendant can be seen in a video recorded by Plaintiff's Husband laying on him in a bed, in a 'cuddle' position. 39. Defendant can be found in a self-recorded videos expressing her inappropriate feelings and interactions with Plaintiff's Husband including all but not limited to: (a) Expressing her overwhelming desire to have four to five kids with Plaintiff's Husband; (b) Alluding to how she can not wait to become "Mrs. Montague;" (c) Expressing how much she loves and yearns for them to be together; (d) Expressing how she will do anything for him and would give him the world; (e) Expressing how Plaintiff's Husband makes her female genitals throb; (f) Expressing how she feels when he touches her, especially when his hand is on her thigh while driving; (g) Expressing how their sexual interactions make her feel, while detailing the size of Plaintiff's Husband's genitals. 40. Defendant can be seen in videos reminiscing and bragging about just having sexual intercourse with Plaintiff's Husband and wanting more of it. 41. Defendant can be seen in the videos laughing and showing no remorse for her actions making a mockery of Plaintiff and her Husband's marriage. 42. The acts of sexual intercourse between Defendant and Plaintiff's Husband were without consent or connivance of Plaintiff. 43. Plaintiff tried to reconcile the marriage by suggesting marriage counseling but Plaintiffs Husband refused and took off Plaintiff's ring pushing it in her chest. 44. Defendant's acts of sexual intercourse with Plaintiff's Husband during Plaintiff's marriage resulted in the separation of Plaintiff and Plaintiff's Husband. 45. Plaintiff recalls raa moment in February of 2024, where she walked into the marital home and her Husband did not acknowledge her, moreover when Defendant walked into the marital home seconds later he acknowledged her. 46. Defendant had engaged in an emotional and sexual affair with Plaintiff's Husband since at least December of 2023, all while having knowledge of Plaintiff and her husband's marital union. 47. Defendant told at least one of Plaintiff's friends that Plaintiff's Husband would cheat on Plaintiff. 48. Since December 2023, Defendant had sex on multiple other occasions with Plaintiff's Husband in the marital home and in Defendant's home. 49. Between December, 2023 until present day, Defendant had sex on other numerous occasions with Plaintiff's Husband, which included sex in the marital while Plaintiff was asleep. 50. During the time period of the affair, as alleged above, Defendant and her Husband attended family gatherings, group dinners, holiday parties, birthday parties, basketball and baseball games with Plaintiff and Plaintiff's Husband. 51. Defendant attended a Christmas celebration with Plaintiff and her Husband in December of 2023 at Plaintiff's Mother's house. 52. Defendant's social media pages are known for involving death threats toward the Defendant. 53. Defendant has posted Plaintiff's minor children without her consent all over social media, to her high volume of followers. 54. Defendant's action was so severe Plaintiff had to send a cease and desist letter to stop Plaintiff's children and Plaintiff from receiving death threats. 55, Plaintiff's Husband abandoned Plaintiff and their children and left the marital home and moved into Defendant's townhouse in Greenville, NC. 56. At this present time Defendant continues a sexual relationship with Plaintiff's Husband. 57. Defendant provides housing and financial support to Plaintiff's Husband, including cosigning the lease for the apartment where Plaintiff's Husband currently resides. 58. Defendant, well knowing Timothy Montague to be Plaintiff's Husband, unlawfully gained the affections of Plaintiff's husband, alienated his affections from Plaintiff, and induced him to neglect Plaintiff, their children, and his home. 59. Defendant has flaunted her affair and romantic relationship with Plaintiff's Husband in public and private places, in and around friends and acquaintances of Plaintiff, and with the intent to humiliate Plaintiff. 60. Asadirect result of Defendant's actions including sexual intercourse with Plaintiff's Husband and Defendant's excessive posting on social media, Plaintiff has been deprived of: a) the right to consortium, b) society, companionship, friendship, sexual relations, aid and assistance, and c) economic and financial support of Plaintiff's Husband. 61. Asadirect result of Defendant's actions including sexual intercourse with Plaintiff's Husband, Plaintiff has suffered humiliation, mental and emotional anguish, and injury to her health. 62. Asadirect result of Defendant's malicious and unlawful conduct with Plaintiff's Husband the children born to the marriage have been deprived of a two parent household with the love and affection from their mother and father and financial stability. 63. The entirety of the conduct and the injuries complained of in this Complaint for which relief is sought occurred in the State of North Carolina. 64. By reason of Defendant's malicious and unlawful conduct with Plaintiff's Husband, Defendant has alienated Plaintiff's Husband's affections from Plaintiff; has deprived Plaintiff of the comfort, society, aid, services, and love and affections of her Husband; and has destroyed Plaintiff's happiness and home. 65. Due to the above-mentioned conduct of Defendant, Plaintiff has been damaged in an amount in excess of One Hundred and Fifty Thousand Dollars ($150,000.00). 66. That acts of Defendant were malicious, unlawful, willful and wanton. The evidence will display ill-will, spite, rudeness and oppression against Plaintiff and was done with a careless, reckless, conscious and intentional disregard of and indifference to the rights of Plaintiff. By reason thereof, Plaintiff is entitled to recover punitive damages from Defendant. SECOND CAUSE OFACTION: ALIENATION OF AFFECTION 67. Plaintiff realleges and incorporates herein by reference the allegations contained in Paragraphs 1-66 as if fully set forth herein. 68. Plaintiff and Plaintiffs Husband had a supportive and loving marriage prior to the acts and conduct of Defendant as herein being alleged with genuine love and affection existing between Plaintiff and Plaintiff's Husband. 69. Upon information and belief, Plaintiff's Husband and Defendant became friends when Defendant married Plaintiff's Husband first cousin. 70. Defendant indicated she was having marital problems and began to stay in the home of Plaintiff and Plaintiff's Husband. 71. Defendant continuously used the information gained from the friendship with the Plaintiff including information vented to her about the Plaintiff's marriage to gain the trust and confidence of Plaintiff's Husband. 72. Defendant then proceeded to sleep and seduce Plaintiff's Husband. 73. Defendant never disclosed the relationship to the Plaintiff and continued to be her friend. 74. Defendant made several social media posts with all four parties throughout the year 2023 with: Plaintiff, Plaintiff's Husband, Defendant and Defendant's Husband. 75. Defendant showcased the life of the two couples on social media and then proceeded to sleep with Plaintiff's Husband. 76. The Defendant started to make social media posts with just Plaintiff's Husband, many of which were without the Plaintiff's knowledge or consent. 77. December 2023, Defendant came to the Plaintiffs Mothers' home and spent Christmas with her family. 78. Defendant would also spend time with the Plaintiff and the Plaintiff Husband children. 79. Defendant, well knowing that Plaintiff's Husband was the husband of Plaintiff, engaged in sexual intercourse with Plaintiff's Husband without the consent of Plaintiff. 80. Defendant, well knowing that Plaintiff's Husband was the Husband of Plaintiff, engaged in sexual relations and intercourse with Plaintiff's husband on more than one occasion before Plaintiff and her Husband separated. 81. Defendant has flaunted her affair and romantic relationship with Plaintiff's Husband in public and private places, in the presence of friends and acquaintances of Plaintiff and with the intent to humiliate Plaintiff. 82. Defendant has flaunted the affair and romantic relationship on various platforms such as Facebook, TikTok, and Twitter. 83. Defendant wrongfully and maliciously deprived Plaintiff of the companionship, society, contributions and services of Plaintiff's Husband, without regard for the well-being of Plaintiff's marriage and family. 84. Plaintiff was a supportive, dutiful and faithful wife and maintained a loving and healthy home environment for Plaintiff's Husband and two minor children. 85. Defendant's tortious actions include but are not limited to: a) Engaging in a sexual and personal relationship with Plaintiff's Husband during Plaintiff's marriage. b) Using confidential information shared between both parties (Plaintiff and Defendant), to seduce Plaintiff's Husband. c) Sleeping with Plaintiff's Husband in their marital home. d) Sleeping with the Plaintiff's Husband in the marital home in the marital bed. e) Sleeping with Plaintiffs Husband in the marital home on the couch. f) Making social media posts to her millions of followers with the Plaintiff's Husband and showing the entire world wide web that they are in fact a couple. g) Planning and taking trips with the Plaintiff's Husband without the knowledge or consent of the Plaintiff. h) Making several videos expressing her love for the Plaintiff Husband. i) Making several videos expressing her future with the Plaintiff's Husband including having four to five kids and getting married. j) Making several videos with the Plaintiff's Husband stating that she can not wait to be "Mrs. Montague." k) Allowing the Plaintiff's Husband to move in with her when he left the marital home after the separation of couple due to the Defendants actions. 1) Assisting the Plaintiff's Husband in securing housing to help him leave the marital home that they once shared, including cosigning a lease to the apartment the Plaintiff's Husband currently resides in. 86. During the time described and as a direct result of Defendant's seduction of Plaintiff's Husband, Plaintiff's Husband began to withdraw emotionally from Plaintiff. The Plaintiff hid phone and email communications with Defendant. Additionally, Plaintiff Husband began concealing his financial matters and expenses, including hiding the many outings, dates, transactions, and payments with the Defendant. 87. Plaintiff recalls a moment in February 2024, where she walked into the marital home and her Husband did not acknowledge her, moreover when Defendant walked into the marital home seconds later he acknowledged her. 88. Plaintiff tried to reconcile the marriage by suggesting marriage counseling but Plaintiff's Husband refused and took off Plaintiff's ring pushing it in her chest. 89. Defendant pursued a romantic and inappropriate relationship with Plaintiff's Husband and engaged in such relationship knowing and being aware of the existence of Plaintiff's marriage and young children in the Plaintiff's home. Despite such knowledge, and knowing the effect that her relationship with Plaintiff's Husband would have on the marital relationship, the Defendant continued and persisted in a course of conduct that was deliberate and intentional, and maliciously designed to seduce Plaintiff's husband and to alienate Plaintiff's Husband's love and affection from the Plaintiff. The Defendant has intentionally, wrongfully and unjustifiably interfered with the relationship between the Plaintiff and her Husband. The Defendant's repeated actions and behavior, knowing that the Plaintiff was seeking to maintain and continue a relationship of love and affections with her husband, were reckless and willful and especially aggravated and wanton. 90. As a direct and proximate result of the wrongful, willful, wanton, aggravating and malicious conduct of the Defendant, the martial relationship between the Plaintiff and Plaintiff's Husband was irretrievably damaged and destroyed. 91. As a direct and proximate result of the wrongful, willful, wanton, aggravating and malicious conduct of the Defendant, Plaintiff has been deprived of the love, affection, companionship, society, consortium, sexual relations and economic support of Plaintiff's Husband and Plaintiff has suffered injury to her physical and mental health and reputation. 92. Defendant's repeated actions and behavior in pursuing and engaging in an inappropriate romantic relationship including publicly displaying the relationship; knowing that the plaintiff was maintaining and continuing a marital relationship with Plaintiff's Husband and co-parenting in the marital home to the Plaintiff's Biological Children, were reckless and willful, and to especially aggravating and wanton, for which Defendant is liable for punitive damages Plaintiff. 93. Due to the above-mentioned conduct of Defendant, Plaintiff has been damaged in an amount in excess of One Million Dollars ($1,000,000.00). 94. That acts of Defendant were malicious, unlawful, willful and wanton. The evidence will was done with a careless, display ill-will, spite, rudeness and oppression against Plaintiff and reckless, conscious and intentional disregard of and indifference to the rights of Plaintiff. By reason thereof, Plaintiff is entitled to recover punitive damages from Defendant. THIRD CAUSE OF ACTION ATTORNEY FEES 95. Plaintiff hereby incorporates by reference paragraphs 1-94 herein as if fully set forth 96. Plaintiff has instituted this action in good faith and does not possess the resources with which to pay the costs incurred in this action including reasonable attorneys's fees incurred in connection with Plaintiff's claims for Criminal Conversation and Alienation of Affection. 97. Defendant's actions were the sole. actual. and proximate cause of Plaintiff having to incur substantial attorney's fees and that.but for the conduct of Defendant, Plaintiff would not now be in a position of having to secure counsel and of having to incur substantial attorney's fees. WHEREFORE, Plaintiff respectfully prays the Court as follows: 1. Pursuant to Plaintiff's First Claim for Relief, Plaintiff have and recover from Defendant compensatory damages in an amount in excess of One Hundred and Fifty Thousand Dollars ($150,000.00); 2. Pursuant to Plaintiff's First Claim for Relief, Plaintiff have and recover from Defendant punitive damages in an amount in excess of One Hundred Thousand Dollars ($100,000.00); 3. Pursuant to Plaintiff's Second Claim for Relief, Plaintiff have and recover from Defendant compensatory damages in an amount in excess of One Million Dollars ($1,000,000.00) for Defendant's alienation of affection of Plaintiff's Husband and Plaintiff's loss of society, comfort, friendship, assistance, consortium, sexual relations and economic support of Plaimtiff's Husband, and injury to Plaintiff's health, feelings and reputation. 4. Pursuant to Plaintiff's Second Claim for Relief, Plaintiff have and recover from Defendant punitive damages in an amount in excess of One Million Dollars ($1,000,000.00). Defendant intentionally slept with Plaintiff's husband and now is in a relationship with him. 5. That Plaintiff have and recover from the Defendant pursuant to provisions of N.C.G.S. 24-5 for compensatory damages recovered from Defendant for criminal conversations. 6. That the Plaintiff have and recover interest of the Defendant pursuant to the provisions of N.C.G.S. 24-5 for compensatory damages recovered from Defendant for alienation of affection. 7. That all issues in this case be tried by a jury; 8. That the costs of this action be taxed against Defendant; 9. For such other and further relief as the Court may deem just and proper. 10. That the cost of this action be taxed against the Defendant 11. That Defendant be required to pay the cost of this action including reasonable attorney fees incurred in connection with Plaintiff's claims for Alienation of Affection and Criminal Conversation This day of May 2024. netta B. Jones, kttorney for Plaintiff heLaw Office of Robonetta B. Jones, PLLC 4208 Six Forks Rd, Suite 1000 Raleigh, NC 27609 Telephone: (919)-867-1611 VERIFICATION AKIRA MONTAGUE, first being duly sworn, deposes and says that she is the Plaintiff in the above-entitled action; that she has read the foregoing document, and knows the contents therein, and that the same is true to her own knowledge, save and except for those matters and things stated herein upon information and belief, and as to such matters and things, she believes them to be true. STATE OF NORTH CAROLINA VENETA L. SYDNOR ) BT Notary Public, North Carolina Durham County COUNTY OF DURHAM ) My s on Expires wey, Z BORE Sworn to and subscribed before me day this the-? 7 of May 2024, by AKIRA MONTAGUE. L Sua Type or Print Name: Wah byte OTARY PUBLIC My Commission Expires: