John Benson filed a Ex-Parte Personal Protection Order against me on May 2, 2012, and Judge Margaret Z. Bakker had signed a one year restraining order against me on May 4, 2012. “Ex-Parte” means that the judge only heard from Mr. Benson, and did not hear my side of the story until February 27, 2013 after ten months of allowing the Petitioner to do everything possible to entrap me so that my reputation and ability to operate as a free individual would be restrained. In answer to Mr. Benson’s 2nd request to have me restrained and placed on probation, I made the following quote on pages 4 & 5 of my answers:

    

     “On April 10, 2013, petitioner filed a Motion to Show Cause for Violating the Ex Parte PPO for such disrespectful actions as not cleaning up all of the storm debris from their yard that they placed in my driveway. Their actions of threatening a potential witness, perjury on the stand, false statements on petitions, etc. all go by the wayside with a blind eye and a deaf ear by this Court. I have been placed in a constant loop of TRO’s and probation that gives to someone who is possibly criminally insane  complete control over his victim by a system that is very angry about my work on elections in our country.” To give Judge Bakker credit, she ruled against them for the first time, and told them to leave me alone because I was not under any form of restraining order at that time.

    

     I now present the first Personal Protection Order filed by Mr. Benson and the evidence presented to the Court in various filings:


Attachment A - The on-going incidents:


I. Foster has driven her black Dodge Ram “monster truck” directly onto our yard, aimed it at us, drove over a 4 ft. High metal corner post and driven over trees more than 4 feet into our yard. We were terrified.

       

    [Attachment I]:  Allegan County Sheriff Complaint #13345-11 (October 1, 2011)

 “they found that one of their survey stakes had been broken off, their lawn had been driven on and one of their small trees had been hit. They believe that FOSTER had done this......”

They did not wish for me to make contact with FOSTER at this time....

    [Attachment II]: Allegan County Sheriff Complaint #15890-11 (November 20, 2011] (Contradictory statements are underlined)

“They then informed me that approximately a month or so ago they filed a report with Deputy TODD VANDERHULST, complaint 13345, where MARY had threatened them as well as driven on their property with her pickup truck. JOHN and JOHN informed me that MARY continues to escalate things and is very threatening by her nature. They did state that they are scared of her. On today’s date, they stated that JOHN KLUESSENDORF had actually left the residence, and JOHN BENSON was still at home. JOHN BENSON stated that he was watching out the window because he heard a large roaring which appeared to be from somebody’s engine. When he looked outside, he saw MARY was driving westbound on Mallard Street, and drove over all of their Arlevita (sp) (evergreen trees).

“JOHN and JOHN informed me that at this time they did not want me to make contact with her. They stated when they filed the report a month ago, the deputy had stated that he would be happy to make contact with her, however was concerned  that would escalate things between the two families.”

   [Attachment III]: Allegan County Sheriff Complaint #16113-11 (November 23, 2011)

“KLUESSENDORF said the most recent problem was that they planted some evergreen trees on their property and they keep getting run over. They believe that PAT was driving over the top of the trees, but they do not have proof that he has been doing this.”

Answer: (Transcripts 2-27-13, pg 16, Pat Foster testifying)

Q. ....have you ever intentionally drove your vehicle into his fence or his property?

A. No.

Q. Okay. Have you ever intentionally damaged or destroyed any shrubbery or other vegetation on Mr. Benson’s property?

A. No.

Q. Now,you just previously testified that there was a fence that was built in--out into the existing road and the Court has some photographs about that; is that right?

A. That is correct.


Answer: (Transcripts 2-27-13, pg 16, Pat Foster testifying)

Q. ....have you ever intentionally drove your vehicle into his fence or his property?

A. No.

Q. Okay. Have you ever intentionally damaged or destroyed any shrubbery or other vegetation on Mr. Benson’s property?

A. No.

Q. Now,you just previously testified that there was a fence that was built in--out into the existing road and the Court has some photographs about that; is that right?

A. That is correct.

Q. Did that make it more difficult for you to access your property...

A. Yes


Mr. Benson’s Roman Numeral # II is not marked, and the following fragment of a sentence appears: “...being treated for potential heart problems that began during this ordeal. I was advised by my doctor to keep aspirin with me at all times and to call an ambulance and go directly to the hospital if any symptoms showed up. I panicked knowing I could not get help.”

On August 15, 2013, page 60, Mr. Thinschmidt, Respondent’s counsel questioned Mr. Benson about his health:

“Q. You did go see a doctor, though.

A. I did.

Q. And doctors--

A. Several.

Q. And you weren’t happy--I mean, did they give you some treatment program or something like that for this condition?

A. It was an extensive evaluation and when they concluded the evaluation, they said my heart appeared to be in reasonably good shape.”

Mr. Benson continues in his complaint: We were shocked when the State Patrol came down the road to respond to our complaint and Foster refused to move her truck and told the officer ‘no’. “

     [Attachment IV]: Michigan State Patrol Complaint #52-1616-12  (March 2, 2012)

     [Attachment V]: Michigan State Patrol Complaint 52-11152-11   (November 26, 2011)


III. Foster has verbally threatened us, saying “you wanna fight, we’ll fight...so come on, we’re fighting,” called us “f...ing assholes,” said “you’ll regret this.” She has also threatened us in writing through an attorney incorrectly saying we needed to move our landscaping and mailbox or we would face litigation.

Answer: Number II, which is not marked and number III all relate to the event that happened on November 26, 2011, when Trooper Gerrard of the MSP came out to a scene where Mr. Benson had placed metal stakes out onto a private road that had been used for over 40 years by the lot owners in my development. See Crime # one for why this could happen. I placed my truck partly on the road and partly on the shoulder of the road. My objective was to show the John-John’s as they became known to the local police that if they wanted to use the road and get by, one or both of us were going to have to remove our obstructions. He could get by my truck by taking his metal stakes out of the road. If he did that, then I would remove my truck. Trooper Gerrard negotiated that settlement, and while we both agreed, Mr. Benson breached that agreement in less than one year. He had stated under oath in court that this agreement was made, making it a valid real estate agreement under the Statute of Frauds.

    We had subpoenaed all media from Mr. Benson, and he gave us the video he took that day which clearly shows that his allegations made in # III are both false and misleading. See the You tube video.

IV. Hudson, who operates a private salon in Foster’s basement said to us that they were having trouble with neighbors complaining that Foster and Hudson’s dogs were always running loose. She said that everyone better stop complaining or they would blow up anyone’s house if they needed to.

Answer: I have lived with Ms Hudson for 23 years, and I have never heard her say anything like that about anyone. I asked her if she can remember anything that might have been construed by them to mean anything like that. Never, was her answer. These two men asked Blanche if she would do their hair, and she said no. After telling me that, I asked her to do their hair just to be good neighbors.



West Michigan News Company

Complaints I - IV

Cindy Yonkers with Benson and Kluessendorf the day they put the fence in the road

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