To whom it may concern
This letter is in regards to the person that lives above me by the name of Cathy and her continued unjustified harassment of Paula Bakken and myself.
I moved into Paula’s spare room under stress due to my basically being a crime victim for several years and having my life destroyed and nowhere else to go or the ability to get most apartments for myself and my two cats. Paula saved me and my cats and is just a great person with strong ethics and morals. We get along great. I like things quiet so I can work all the time. I use the phone and the computer and usually do not watch TV or listen to music.
The drama begins.
Paula has lived here for six years ago and was friends with Cathy for approximately 2 years before and they had regular “ladies club” fun. But then someone entered Paula’s apartment and did something with Paula’s mail and long story short they stopped talking and that was when Cathy first started to harass Paula. I believe there is a police report about Cathy harassing Paula. Cathy was told by the property owner “Joe” that she would have to stop harassing Paula or she would be evicted. She has not stopped.
Then I pop up to move in one day which I understood was prearranged with the Landlord by Paula and as I was moving in Cathy started to harass me by calling the Landlord and complaining about me moving in. Within a month or two at the most, she sprayed bug killer into my open window and filled the entire apartment with poison. She did this while I was sleeping in the room with my two cats. I woke up choking on poison.
She then started calling and complaining the TV was too loud numerous times which included times when the TV was on so low that it could be barely heard over the sound of the furnace running. Paula watches old detective stories Mayberry RFD, Gunsmoke, and similar which all maintain the same level of sound and the Federal Law controlling sound levels of television broadcasts are in place at the channels she watches so there is not a problem with loud commercials. Paula leans forward to hear the TV when watching.
These unjustified calls left Paula afraid to turn up the volume so she could hear it and I found her watching the TV with the volume so low that any other noise like the window being open, the refrigerator, and the furnace would drown out the TV. Regardless Cathy kept making complaints until she was told to stop. Now she pounds on the floor and we have started keeping a log of her actions as she’s becoming more abusive with her unjustified pounding on the floor over the Christmas season. Most of the time we don’t know why she pounds on the floor. We now know that talking at any level can trigger pounding.
As a result of my difficult position, and Cathy making constant complaints I have been doing everything I can to maintain harmony with everyone involved and I am friendly and I believe liked by all of the tenets in both buildings except for Cath and Ellen who you might recognize as the lady always walking around this winter with plastic bags on her hands and often walking in the road. .
I police the dumpster area for other people’s cigarette butts, I remove other peoples cigarette butts for the front door area and around the parking area to reduce the likelihood that Cathy will call and complain about me again. I also shovel snow more than I should as a heart patient.
I have caught her stalking me on more than one occasion with her telephone trying to record me smoking, but actually lighting up a cigarette on my porch as I walked out. I believe she sent that video to Frank the manager and he contacted Paula about it. This is private property which I am a resident of and she is photographing me without my permission. Cathy’s apartment does not allow an easy view of the parking lot. That gave me the opinion that she is going out of her way to stalk and harass me in an attempt to evict Paula so her friends can move in which she has been trying to do for more years than I know. Ref: Paula
I have had almost zero contact with Cathy. She did come to the door once and asked for Paula who was not home and then said she would talk to her later in an angry way. Another time she pointed out where my cat was at after an escape and I told her that her flowers looked nice. That’s it.
Cathy has been calling Frank the manager on behalf of other people. When Paula parked in Bob’s parking space one day she called Frank on his behalf to complain to him and then Frank called Paula. Paula does park around sometimes but Bob is a very nice guy and did not authorize Cathy to call on his behalf. Bob is also friends with Paula. The parking lot also has multiple free spaces so it was and never is a problem anyway. Bob received 2 spaces with his apartment and lives by himself with one vehicle. Seems like a nice guy.
Over the time I have been here I have noticed that Cathy has no visitors, no holiday plans, and I don’t recall ever seeing her gone for the night or an extended period. In my opinion, she is alone and angry that she lost her social group with included other people. apparently now she has none or according to Paula, she has a friend that she would like to move into our Apartment.
In 2019 Paula received a pacemaker was diagnosed with glaucoma. She is having Breathing difficulty more often which could be weather-related but I don’t know. I do know that I am acting as a caregiver for her now and doing everything I can to help her improve her health. Cooking is a related problem because Paula can’t use here stove fan. This is because Cathy smelling it and telling Paula not to use it so she, therefore, inhales more smoke if she cooks.
I have had at least two packages disappear since 12-26-18 and I have observed Cathy at least one-time moving packages from the porch area that was not hers. I don’t know if she is responsible but the rest of the neighbors with the same access are just not capable of stealing in my opinion. This is a very nice and quiet community of older people that all get along excluding Cathy and Ellen who tend to cause problems, start fights, act unsociable, and are angry.
At this time I am afraid because I don’t know what she is going to do next, I have no way to protect myself in the event she becomes violent. I do not know this person and have no idea what kind of person she is or what she is capable of. I fear her getting evicted however would cause her to seek revenge and I fear for my own safety, Paulas, our cars, and the cats. She might even have a door key and we have not been able to get permission to change the locks.
In accordance with Michigan’s stalking law MCL-750-411h. Cathy has already been told by Joe the owner to stop harassing Paula or she would be evicted. I would like her to be told by the police officially to stop harassing both Paula and myself so that If she then continues she can be prosecuted and subsequently evicted before she becomes violent.
At the end of 2019, Cathy banged on the floor now and then but we were never sure if it had anything to do with either of us. Paula always keeps the TV low and I can notice if her volume is above 24, from a separate room. I believe now that most banging was derived from our talking and her hearing something through the ceiling that is not a heat barrier at all.
Feb 14, 2020
Cathy is again causing problems. She has now banged on the floor several times because of talking at a normal and low level. I am no longer comfortable speaking at a normal, pleasant, level in my bedroom or in the living room without fear of retaliation in the form of calling the landlord and complaining.
I live in fear of what this woman will do to Paula, myself, and my cats as a result of her vendetta against Paula and using our landlord as an enforcer for 4 years.
I am being compliant with rules, neighborly, and doing my best to avoid any problems. I would like to be able to use the kitchen to cook and have the freedom to speak on the phone whenever I want. I’m sorry the ceiling is too thin, but that is what you get with a $700 a month apartment. Which is very nice btw.
Feb 18, 19, 2020
I spoke with Nell, the Landlord about the last call Cathy made to them about noise and explained that I was on a phone call with a new customer and speaking in a normal tone and volume for that. I also explained that we did not feel comfortable talking in our living room and have not for some time. I do not use the room very much as normal social interaction can cause the pounding.
I sleep on average from 4 am when Cathy wakes up every day to 10 am. I now believe Cathy is making noise and that is the reason I have not been able to completely sleep recently. I am going to start recording my sleep via an app.
At about 11:10 pm I was printing a w2 for Paula and explaining about browser tabs with my head literally within 2 feet of the display talking at a low level she erupted with an angry, loud, receptive pounding. We are now officially on a whisper basis and there is no talking in my room whatsoever. I am terrified.
As you have looked me up and see that I’m an evil person please know that the time-honored tradition of prosecuting the guy and railroading him is well in place here. I have been a victim and terrorized for over 5 years now and I’m frightened and feel personally harassed, and terrorized again. Please help.
750.411h Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties.
(1) As used in this section:
(a) “Course of conduct” means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.
(b) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(c) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
(d) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(e) “Unconsented contact” means any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
(i) Following or appearing within the sight of that individual.
(ii) Approaching or confronting that individual in a public place or on private property.
(iii) Appearing at that individual’s workplace or residence.
(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.
(v) Contacting that individual by telephone. (via landlord in my case)
(vi) Sending mail or electronic communications to that individual.
(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
(f) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(2) An individual who engages in stalking is guilty of a crime as follows:
(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of bn was less than 18 years of age at any time during the individual’s course of conduct and the individual is 5 or more years older than the victim, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(3) The court may place an individual convicted of violating this section on probation for a term of not more than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:
(a) Refrain from stalking any individual during the term of probation.
(b) Refrain from having any contact with the victim of the offense.
(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.
(4) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(5) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.