This is a story of a divorce in Taney County, Missouri. The people included in this report are: Me (Barbara Figaro); my ex-husband (John Ruswurm); my first attorney (Dan Brogdon from Worsham Law Firm, Springfield, MO); John’s 2 lawyers (Brandi Smith Ward and Rudy Arambulo); and Judge Eighmy, the Judge who presided over every hearing and the trial.

The information I am providing is true and honest to the best of my recollection. I have numerous documents and copies of the court recordings. As I go through these documents, I will update these sections so that information is kept in the best chronological order as possible.

I would just like to make a note here. The day of trial I was bringing all documents in my possession to court. I dropped the entire file of documents down a flight of stairs and picked them up as best I could. Therefore in addition to numerous documents involved at this point they are still somewhat disorganized. Sorting as I need to find one and then trying to put in order for next legal action. This is also important because my attorney had copies of most of these documents and declined to use them during hearings and/or trial. When asked if I had proof of statements I made during hearings and/or trial and said yes that the documents were in my car and I could provide them. I was told to disregard the question.

As I speak to various lawyers, I see how much information is involved and how confusing and implausible much of it seems. But documents will support my statements. Recordings and transcripts of hearings and trial will be presented here in Documents section.

This section includes some background. Documents will be published to substantiate my statements. Copies of the complaints I filed with the Office of the Chief Disciplinary Counsel regarding: Brandi Smith Ward, Rudy Arambulo, and Dan Brogdon and a complaint filed with the Commission on Retirement, Removal and Discipline of Judges. Commission responses will also be included. It appears that both Disciplinary Commissions only review court docket entries to make a decision. I am not aware that any other investigation into my complaints happened except a shameful look into my first attorney Dan Brogdon. No one from either Commission contacted me for information, statements, or documentation. (Except for brief request regarding Dan Brogdon).

Lawyers working together preparing and filing fraudulent, false, misleading and/or incorrect documents; and a judge willing to make a final settlement on documents that were fraudulent, false, misleading and/or incorrect documents. In many instances no documents could be presented because they did not exist. A judge who had private conversations with both my husband’s lawyers. During hearings and the trial when he went off record he had private conversations with my husband’s first attorney (Brandi Smith Ward) at his bench. When I was in the office of my husband’s second attorney, Rudy Arambulo, the judge called Rudy. During my testimony when I tried to answer questions the judge admonished me several times.

It appears from the telephone log in one of our cell phones that John spoke to Brandi Smith the first time in 2012. Looking back I believe that was when he first thought about getting a divorce. Several things happened in that time period. I believe he became involved with Peggy Siler, while her husband was dying of cancer. Although he was receiving his pension and deferred comp, he kept telling me he had no money. I paid for almost everything. I believe he was hiding money so it would not be considered during the divorce. Dinners out, shopping, things around the house, he had no money. If he so much as picked up my prescription for $2 he would hand me the receipt and wait til I paid him. He stopped having an interest in our families and making the trips to NJ and West Virginia to see them. If he came, he only wanted to stay a week or two instead of the 2-4 months we usually stayed. Christmas 2012, he left me in NJ and decided he did not want to spend Christmas with me and the kids. That was the first time we did not spend holidays together since 1982. I guess he returned home to be with his girlfriend. (That I did not know about)

John and his attorney stated in court documents that I was out of Missouri for periods of time. True. But many of the trips I was out of Missouri I was with John. Trips to NJ, WV, Arkansas. We were doing together until June 2015. Judge asked John when was last time he was at apartment in NJ. He told judge June 2014. His own answer shows he lied on the original divorce petition where he states we were separated since April 2013. We both returned to Missouri early June 2014. Spent the whole summer together in our home in Missouri. I owned a small building in Missouri and during that time sold it to Ron Todd. It was a time consuming transaction because the Corp of Engineers was involved. September 2014 (John and I were together in Missouri) I found out about his long time girl friend, Peggy Siler. For the first time– I left John. I don’t know the appropriate and or acceptable way to act when the man you loved and lived with for 34 years takes a girl friend and becomes verbally, emotionally, and threateningly abusive. More on this behavior will follow.

I returned to Missouri in March or April 2015. John admitted he had a girlfriend. That he had been sleeping with her in my house. In my bed. He has been introducing her to friends and family as his new friend. He told me it was a mistake and we would try and work things out. We had been together since May of 1980. He kept seeing her and communicating with her. On June 29, 2015 he moved out of the house. He told me he was renting a trailer. Apparently he moved in with his girlfriend. While I was away for my brother’s funeral, John moved back into our home.

On or about July 1, 2015 I received a call my brother was on life support. I put some things and my dogs in my car and went to be with my family. While I was in NJ waiting for my brother’s funeral, John and his lawyer Brandi Smith filed for divorce. This was done to try and prove that I lived in NJ. This was a false affidavit. The first of many false documents filed by John and his attorneys. During the time I was out of state for my brother’s funeral John sent me texts he was filing for divorce, I should not come back to Missouri, and he had changed the locks on our home.

Texts from John and his girlfriend here**

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Text from me to Peggy Siler
Would u please stop calling and texting my husband.   Emailing also

Text from Peggy Siler to me
Yes. I am moving on. He is a very nice man who deserves a good life. 

Text from me to Peggy Siler
I agree. Thank you. We had a very good and happy life most of our 40 years together.  We got lost these last few years.  I want to try and see if the love and closeness we shared is still there. I love him very much.  

Text from John to me
I know this is a bad time. I hope your brother is doing better.   I have spoken to an attorney and I am not moving out of the house. I am filing for divorce. Do you want to sign off on a waiver of service or do you want me to have you served.    My 38 special revolver is missing do you have it ?

Text from John to me
Sorry to hear about your brother, I found the gun and my lawyer advised me to stay in the house.

Text from me to Peggy Siler
My brothers funeral is over.  I am returning to Missouri.   Please stay out of my house. 

In spite of her assertions to stay away from my husband she continued to see him and contact him. Then she moved on to my family.

Text from me to Peggy Siler
Please stay away from my family.   You are tearing us apart.

Text from me to Peggy Siler
I am asking you once again to please stay away from my kids and grandkids.  This is my family you are interfering with.

Text from John to me.  (This was another lie he did not have a court order.  This was another way to try and drive me out of my home and Missouri)

I have a court order stating you cannot come back to my home. I have changed the locks. You left Barbara and you cannot come back to my house. I don't know why you would want to anyway. You don't live here. You said you were never coming back to Missouri anyway. Just go back home to Jersey or find another place to live

Text from me to John
Changing locks while I  am at my brothers death bed shows just how low u hv sunk.  Not such a nice guy now r u.

Text from me to John
And please make sure yr girlfriend has moved out

Between my brother’s passing and his funeral, John and his attorney Brandi Smith Ward had me served with divorce papers. I was served on July 16, 2015, 3 days before my brother’s funeral. I asked him if he could wait until I returned home before he did anything else. He refused. The only reason to have me served in NJ was to deceive the judge and the court in their efforts to prove I did not live in MO.

I left Missouri about July 1, 2015 and returned home (to a locked door–John had Changed the locks) before the end of July. My brother passed away July 5, 2015. He had two funeral services. A traditional one and a Military funeral on or about July 20, 2015. I stayed with family a few days after funeral, then returned to my home in Missouri. Our first court appearance, August 27, 2015, Judge ordered me out of my home and out of state. He told me not to remove anything from house except a few items of clothing. (Docket excerpt to follow) During that time I was unable to meet with my attorney. I attempted to fill out asset papers but being removed from my home, this proved very difficult. When I returned back to Missouri for trial I had to stay with a friend. Then I lived in an old trailer. The only things I had for every day living and necessities was that which my friends provided me with. Judge let John live in my house and gave him use of everything in my house. So he had his girlfriend in my house and there they partied and entertained friends.

Later John and his attorney (Brandi Smith) prepared false documents for settlement. However, John’s second attorney (Rudy Arambulo) actually submitted the false documents to the court.

I truly believe there was collusion between my attorney Dan Brogdon, John, and his two attorneys. Brandi Smith called my attorney and told him lies such as I had a boyfriend in NJ and I hung out in bars and I really lived in NJ. None of this was true. Apparently my lawyer believed these lies and questioned me about them more than once.

John and Brandi Smith prepared a false list of our assets. She submitted those false figures to my attorney. He took those false item designations and values and put (John’s figures) on my form 9 as though they were mine. The first time I saw that document was in the court hallway about 10 minutes before trial began. I testified these were not my figures then and several times during proceedings. I was accused of trying to change my figures. My lawyer Dan Brogdon never admitted what he had done. Or the conversations he had with John’s attorneys.

With all the lies and misinformation on the settlement documents, John signed affidavits the documents were true. I signed affidavits and gave testimony that almost every document submitted by John and his attorneys were false. Copies will be posted along with the settlement awarded by the court.

Brandi Smith prepared false documents with John. Then she had the false documents submitted to court by Rudy Arambulo. She could say she never submitted those documents. Rudy could say he did not prepare those documents. Their actions during hearings, filing documents, and the trial lacked candor.

Brandi attempted to prove to court that I did not live in MO by filing her false affidavit while I was out of state for my brother’s funeral, and stating that I lived in NJ. Rudy either filed false documents and provided incomplete documents, or no documents at all to take my house away from me.

He produced no document showing John was ever on the deed for my home in NJ. ( The one I sold to buy the home in Missouri).

This next form is the original, first one that I submitted to my attorney. Notice the apartment is not listed as real estate. At some point my attorney instructed me to list it. At some point John and his attorneys listed it. I told the Judge, my attorney, and John’s attorneys that it was not real estate. I submitted copies of my membership share and Lease. All of the above kept calling it real estate. It is not real estate and no one could produce a deed.

Even after I testified several times that it was not real estate, and most of the figures on the documents were not mine, Judge determined it was real estate.

The first form 2 section is my handwritten to my attorney. The second Form 2 was prepared by my attorney and it still contained numerous errors. Note the apartment contents were appraised at $1,335. That is the figure I submitted to attorney. Also note the apartment in NJ is not listed as it was a lease and not Real Estate. Between the three attorneys, one of them changed it to real estate, and neither John nor the other attorneys corrected it. No deed produced to show it was real estate. I testified several times during hearings and trial that the apartment was leased.

As a leased apartment the unit had a washer, dryer, stove and refrigerator. You could not remove them they were part of the lease. John knew that. He was in NJ the day I signed the Lease. My sister had no place to live. She moved into apartment the day I signed Lease. John and I stayed at my son’s house. My nephew moved some of her furniture and things in to apartment over next few days.

The below form is the correction prepared and submitted to the court by Rudy Arambulo. The judge actually accepted this form and used it in awarding the judgments. This is an indication of how the whole divorce was handled. There is no way you could figure out what any of this means, except the judge gave my home to John based on lies and false, fraudulent and/or misleading documents.

He had a copy of the lease for the NJ apartment, however he convinced the judge it was real estate. He submitted several false listings of the contents of the NJ apartment. He provided no documentation that his claims that practically everything John wanted was bought with his inheritance. They outright lied about the value of John’s guns. Between listing the apartment as real estate ($28,000), Lying about the value of the contents in the apartment ($25,000), the value of his guns and accessories (I would estimate about $50,000) , and the stuff he claimed he bought with his inheritance (tens of thousands of dollars) he gave John over $150,000 advantage in the court documents. And lets not forget the tax deferred savings account for $35,000 that John and his lawyers declared part of his pension. But except for a listing of about 7 guns no other documents to support his lies. I had one share of stock. John had thousands of dollars worth of stock. Because that was what John wanted, it was just one more item that was not shared between us.

Below is a list from John and his attorneys regarding Apartment contents. Like most documents submitted by John and his attorneys it is comprised mostly of lies and inaccuracies.

Copies of all these items to follow.**

All three lawyers communicated and worked together, with the approval from the judge. (Supporting Documents will be shown in this report).

The house in NJ, which I purchased with my first husband in 1975 then bought my first husband out of, never belonged to John. He was never on the deed for that home. He never paid even one mortgage payment, nor did he pay taxes or home owner’s insurance. As a matter of fact he lived there for many years and never paid a penny. I fully supported him. When I sold that house I put almost $143,000 down on the Missouri home, paid all moving expenses, paid for the 2 boat slips and everything John wanted from the people we bought the house from. Ask John what he added to these transactions. The answer is 0.

They claimed the apartment I leased ($186 per month) was real estate. They provided no deed. One did not exist. I provided the lease for the apartment into evidence. John’s attorneys and Judge still concluded it was real estate. I told judge as a leased apartment, appliances were included in the lease. I could repair or replace, but not remove appliances. I further testified that my sister lived in the apartment for several years, from the first day of my lease. She supplied all furniture and necessary items, that she already had, so she could live there. Judge asked John if he knew my sister lived in the apartment. Rudy asked me how much rent I charged my sister and did I share it with John. I told him she was my sister and needed a place to live and no, I did not charge her rent. Judge asked John if he knew this to be true, and John answered yes. She lived there and she did not pay rent.

Judge declared apartment as real estate. I had my personal contents appraised. In docket entry, Judge accused me of lying. Saying what I listed in apartment contents was too sparse. I did not live there. I never did. My sister lived there and moved in her things. I had clothes and personal items there. I did eventually replace some of her furniture. I had an appraisal done of the items I put in apartment. Approximately $1,345. John supplied a false list of items in apartment. Actually several false estimates of what was in apartment. Copies of my appraisal of apartment contents and John’s false lists will be posted. By the judge declaring the apartment as real estate and allowing John to claim the false estimate of property in the apartment, Judge gives John a $50,000 advantage on just those 2 items. This is just the beginning .

Everything John Didn’t want, he listed to go to me with highly inflated values. He listed many, many items that just did not exist. He listed some items numerous times. Items that he wanted to retain for himself were severely under-valued. When we moved into the house in Missouri, I bought and paid for two computer desks, one for each of us. They were about $250 each. I listed them as valued about $50 each. John said his desk was worth about $50 but mine was worth $500. Will double check all figures against the settlement sheets.

John stated his gun collection as worth about $7,000. People who know John, especially those he shoots with at Ozark Shooters could tell you that what he had at time of divorce was easily worth over $50,000. He also said tens of thousands of dollars worth of assets he bought with his inheritance. He provided no documentation of that. He sold our pontoon boat and bought an $8,000 gun. Declared that he bought that with his inheritance. Judge accepted all these false allegations.

John’s attorney Rudy Arambulo gave me and my attorney a copy of the from 9 he was submitting to the court 10 minutes before the trial was to start. He gave my attorney that document in the court hallway. I immediately told my attorney that I never saw that document and almost every thing on that document was wrong. He told me not to worry I could tell Judge and he would correct all the errors.

My first attorney did nothing to help me before, during or after the divorce. He went along with everything John’s two attorneys and the Judge said.

Many of these things are entered into court record after trial by my 2nd attorney. We were allowed to enter a correct Form 9 that my 2nd lawyer helped me prepare. He contested the competency of my first lawyer (Dan Brogdon) He contested all the items that were declared purchased with inheritance. He submitted pages of information in an attempt to get the settlement corrected. Judge accepted all these documents into evidence during 2 post trial hearings. He recognized in court that he had received false documents and information during hearings and trial. We requested a new trial. We requested he use the corrected documents to make his settlement. He refused on both issues. So he made his settlement on issues and documents he knew were fraudulent, false, misleading and/or just plain wrong. He said if maybe he would give me a new trial, I would have to pay my own and John’s attorney fees. So how is any of this legal or overlooked by the Commissions who oversee Lawyers and Judges. More to follow.

On or about August 27, 2015, the judge met in chambers with my first attorney Dan Brogdon and John’s attorney, Rudy Arambulo and then ordered me out of my home. I was not allowed to know what was discussed. I don’t know what he based this decision on. No Due Process. Judge told me to vacate my home. Vacate the state of Missouri and stay at my rented apartment in NJ. He told me not to remove any items from my home except a few personal items such as sundries and necessary clothing. Judge later stated in the docket entries be believed I had lied. There was no basis for that determination. I did not lie.

This is the original petition filed by John and his attorney Brandi Smith.

#2 is a lie. I was at my home in Missouri when I got the call my brother was on life support. I packed my car and dogs and drove to Virginia. My brother was still alive. Under doctor recommendations he was removed from life support. He passed away on July 6, 2015. My sisters and I was staying in a hotel in Virginia during that time. My sister-in-law said the funeral wasn’t going to be for 2 weeks. Neither my sisters nor I could afford to stay at the motel for the extended time. We drove back to NJ and I did stay at my rented apt until July 18, when my sisters and I returned to Virginia for the funeral. We stayed for a couple of days. I picked up my dogs in NJ and returned to my home in Missouri. This was a lie perpetuated on the court to deceive the court into believing I lived in NJ.

#5 is a lie. We were not separated until June 29, 2015. We lived together as man and wife as we had always done. We took numerous trips together. We went to West Virginia for a week to visit my granddaughter over Thanksgiving holiday. We had the Grandkids to the apartment to have a Christmas celebration and give them dinner and gifts. We had several more trips together to NJ, West Virginia, and Arkansas. The last two trips we took together were fishing trips to Arkansas. These trips were taken approximately end of May 2015. We stayed at a fishing lodge for approximately 3-4 days on each trip.

Document 004 was John’s answer to my Counter Petition, however I was not able to put together his responses to my response petition.