Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 181 of 1373
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 181 of 1373
Cindy,
Thank you for your trying to cultivate a healthy relationship between Zach and me.
You have been helpful to Zach, and us. I have considered a conversation for a while, and
originally, I intended to talk to you, but I know you are busy. So, I wrote to you, which is
typically a better communication method for me anyway. This letter includes examples of
how I feel that you have hurt or mistreated me. Mary and Shawn have also hurt or
mistreated me in some ways, too.
I understand that you are surprised about Zach and me moving “quickly,” and that it
bothers you. However, I feel that you are projecting your dissatisfaction onto me. Why are
you making that my problem? Why is it that, when I enter a relationship, I receive so much
shit when I have supported or mostly supported you in your relationships? I have also
supported Shawn and Mary in their relationships. I realize that there were sometimes when I
may not have been positive about your relationship with Dan, but I do not believe I was
passive aggressive or using the silent treatment. I am hurt by your lack of response to some
of my contact attempts and I feel it was passive aggressive. It feels controlling and
manipulative. For example, at the end of January, I texted you asking how you are and that I
miss you. You did not respond. I also recognize that I can be slow to respond, but I do not
think that I ignore your messages. Sometime in mid-December we talked over the phone
about the living situation topic. I mentioned that Zach and I were considering moving in
together. You became upset and said “Tom, you are not moving in with him.” I also think
you described it as something like a stupid idea, but I do not remember that as clearly as
your forceful statement telling me what to do. You referenced you and Dan, and how you
moved in together after one year and you felt that it was too soon. Your comment startled
and confused me, and I felt something was wrong, but of course, I did not say much because
that is how I operate. I have constantly been the intermediary between all of us but not cared
for or advocated for myself. I wish I could have processed the moment quickly enough and
had the confidence to advocate for myself, because I would have called you-out on that.
Why did you think you could say that? It was controlling, manipulative and you have no
right to tell me how to live. I do not do that to you. Zach and I are not you and Dan. I love
that you think this is any of your business.
In our communications just before the new year, you said some hurtful and passive
aggressive comments, such as “It’s also given me anxiety. I don’t want to talk about it. We
have talk about this for a while and now that Zach is here, you are ditching me.” I was not
ditching you and never intend to. In your response message on Friday, you said that you are
politely declining the invitation to live with Zach and me. We entertained that idea in
December, but when I talked with you in December, you were uninterested, and then your
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 182 of 1373
December, but when I talked with you in December, you were uninterested, and then your
actions throughout the past couple of months showed that. So, to be clear, that was not an
ongoing offer, and we decided a couple months ago that we would rather live together by
ourselves. Zach was willing to live in some way with you, but you were unwilling to do
that. He was open and willing to try, and I was too. You also said: “I am finding out that I
am the only person I can count on and to never assume anything about anyone or anything.”
I am sure that there are many people and experiences that have contributed to you feeling
this way, but I know that this comment includes me. It is a good idea to be careful about
assumptions, but it sounds like you believe you cannot count on anyone else, and that is
hurtful and unhealthy. I have tried to be there for you to the best of my ability for as long as
I can remember.
You and Shawn criticized me during Thanksgiving because I arrived late in the day. I
know that I wanted to be there early to spend the day with you and tried to plan for all of us
to do that, but I also was spending some time with Zach, who feels uncomfortable around
you two, understandably. I also have a difficult time in the morning and evenings, largely
related to my long-term clinical depression, which you have no idea about. Maybe that was
frustrating to you, but why do you think you can speak to me or treat me that way? I do not
treat you that way. As far as I know, I treat you both with kindness and respect and I expect
and deserve the same from you. I feel like I am viewed and treated as the sensitive, fragile,
anxious brother, and I am tired of it.
I don’t know what you really think of our relationship, but we communicate well
with each other and make our own decisions. The fact that I need to write this email seems
messed-up. Zach loves me and I love him, and he wants so much to be friends with all of
you (our immediate family). However, he is resilient and knows when he is wasting his
time. I certainly hope that is not the case here. Is that so hard for you to believe, because this
is my first relationship and I have been your sensitive, fragile, anxious brother?
Just before Shawn’s Birthday Party, I texted you and expressed some concerns. You
responded: “Oh Tom, so serious.” This sarcastic comment invalidated my concerns, and I
felt foolish. However, I am owning it. You are right, I was serious, because this is a serious
topic: it’s about our long-term, valuable and strong sibling relationship. I am angry, and
serious, and I need to tolerate less and teach people how to treat me. I love you and care
about you, and about our relationship.
Tom
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 259 of 1373
Jason, stop filing false police reports, lying and continuing with your lawless attempts to intimidate, harass, annoy, engage in rule 11 violations,
with the intent to try and blackmail and extort me to w/d the case against your lawless clients who slander, libel, stalk, engage in illicit drug use and
dealing, welfare fraud and company theft to name just a few.
This is your nth violations of my C&D’s. Please don’t continue to waste valuable public resources just because you can’t win in advancing your
frivolous defense on behalf of your lawless clients who you extort money from them.
Mr. Rusk,
I’ve copied Officer Quinn and Detective Ellingson here so they can see that you are threatening my family’s well being.
You have caused me to feel fear for mine and my family’s well being and I have taken steps to protect myself and them from you.
Detective Ellingson advised you, after I advised you, to stop with your threats against me. You have not stopped.
I am going to forward to them, separately, your thoughts of Tom’s rape as well as your monitoring of Roseen emails.
Why would you put your family through this and risk your license, profession and put your entire net worth (if now nil or in the deficit) on the
line? I simply cant begin to understand. Your malice will be cause for your insurance not to pay out when you lawless Roseen fam find out.
You don't think the courts already see everyting? I’m simply dumfounded. Never expected to meet such an irrational person.
<Evidence of Respondents Thomas Roseens vexatious litigation filing the same request in the same district court for which was already
denied earlier by a different judge.pdf>
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 227 of 1373
> On Jul 10, 2021, at 8:09 PM, Zach Rusk <zachrusk5@gmail.com> wrote:
>
> Feel free to counter with one dollar less to provide consideration as to this
meeting of the minds opportunity but duly note that I’m not interested in
any other counter offer otherwise and would rather the court decide the
matter in that case.
>
>> On Jul 9, 2021, at 7:14 PM, Zach Rusk <zachrusk5@gmail.com> wrote:
>>
>> Jason,
>>
>> I will try this one time with you. But only one time.
>>
>> In exchange for me moving to dismiss with prejudice the active cases I
have against the Roseens, including the slander and libel action, as well as
the small claims action against Tom, in addition to not filling a small claims
court action against Tom as to the promissory note at issue, I demand the
following by Tuesday 5pm of next week:
>>
>> 1. Tom, Cindy and Shawn returning the last page of the Slander and
Libel C&D they were served, signed, dated and notarized.
>> 2. Payment to me in the amount of $1,000 as to the small claims court
action I have again Tom.
>> 3. Payment of me of $1,500 as to the costs incurred to litigate these
cases.
>> 4. Reducing the promissory note amount by $6,500.
>> 5. Designation of a contact for the fulfillment of anything left of the
promissory note coupled with a requirement to be updated on such if ever
changed.
>> 4. Mutual no contact agreement between each of the Roseen family
members and myself.
>> 5. Schedule of sanctions for violations to the mutual no-contact
agreement and the C&D’s served upon the Roseens.
>>
>> Thanks-
>> Zach Rusk
>>
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 195 of 1373
Jason evidently doesn’t know you have everything to show he is advancing a frivolous defense and making false claims and misrepresentions and
so does the court. I have been completely transparent and honest with all of you contrary to him and the roseens as I was ordered to cooperate in the
baseless threatening investigation email I was sent. He knows he is billing the Roseens unessessary for things he brought up irrelevantly and falsely,
and he is not even addressing any of the merits of the case (another lie he made). Lawyers lie through their teeth. You going to let him do that to you
and let him use you like that?
You may care to know that I told the sgt on his call with me the other day that I’m strongly considering filing a complaint with the inspector
general and others given he won’t even order you to do your jobs.
Jason, since the police won’t do anything for me you must know promptly as per attached, to tell your clients Tom and Cindy to STOP
STALKING ME.
<image0.png>
<image1.png>
<image2.png>
3 Mary Roseen: Jul 12, 2020 His name is Zach, and he’s
+16039012064 07:26 AM working on his MBA at USU.
So, once again, Logan shows
up in my life. Interesting.
4 Mary Roseen: Jul 12, 2020 Hi. That’s exciting! Have you
+16039012064 07:39 AM been driving down to Logan?
5 Mary Roseen: Jul 15, 2020 I’m here, not sure what was
+16039012064 11:55 AM happening, but I’m here
16 Mary Roseen: Aug 22, 2020 Hi. I’m spending time with
+16039012064 04:43 PM Shawn and Brian at their new
place. Talk tomorrow?
21 Mary Roseen: Aug 26, 2020 Yeah I’m happy for him. Yes
+16039012064 07:46 PM I’m going to look at flights
tonight just to see
22 Mary Roseen: Aug 26, 2020 They look cheap at first look
+16039012064 07:48 PM
26 Mary Roseen: Sep 08, 2020 Hi. I just read the recent news
+16039012064 07:35 AM about the fire-did you get a
damaging frost?
27 Mary Roseen: Sep 10, 2020 Hi, sorry for the late reply. We
+16039012064 10:26 PM did get a couple nights of
snow and cold temps, but we
were able to save everything
we really cared about. So, it
turned out ok.
30 Mary Roseen: Sep 11, 2020 Hi. Okay great. I’m glad he
+16039012064 05:17 AM talked to you.
32 Mary Roseen: Sep 11, 2020 I’d love to talk to you about it
+16039012064 05:22 AM over the phone
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 314 of 1373
33 Mary Roseen: Sep 12, 2020 Hi, I was going to call today
+16039012064 07:34 PM but it was busy and I’m too
tied now. Talk tomorrow? That
would be nice
38 Mary Roseen: Sep 12, 2020 But bed time. Talk tomorrow
+16039012064 08:19 PM
40 Mary Roseen: Sep 25, 2020 Hi. I’ve been thinking of you all
+16039012064 09:12 PM week. Are you in UT?
41 Mary Roseen: Sep 25, 2020 I’m going to bed, but I love
+16039012064 09:13 PM you and I hope your drive
safely and have a good
weekend.
43 Mary Roseen: Sep 26, 2020 Hi, yes, sorry. I made it late
+16039012064 06:20 PM Thursday night. We’ve had a
really nice time. Zach is
wonderful. Hiking yesterday,
and a hot springs today.
44 Mary Roseen: Sep 26, 2020 Liked “Hi, yes, sorry. I made it
+16039012064 06:20 PM late Thursday night. We’ve
had a really nice time. Zach is
wonderful. Hiking yesterday,
and a hot springs today.”
45 Mary Roseen: Sep 26, 2020 Can you send that to mom
+16039012064 06:20 PM too?
46 Mary Roseen: Sep 26, 2020 I’m glad you made it and
+16039012064 06:20 PM things are good.
72 Mary Roseen: Oct 12, 2020 But I’m also not very informed
+16039012064 10:37 AM
76 Mary Roseen: Nov 02, 2020 Hi, I’m thinking about you. I
+16039012064 10:42 AM spent the weekend in a city
just south of salt lake with
Zach, who was dog watching
for his friends. Maybe you’ve
already heard but long-story-
short he is moving to
Bozeman, so I came down to
get him. It was a fun weekend
and we are just about to leave.
Hope you are well and Talk to
you later
78 Mary Roseen: Nov 02, 2020 No, I didn’t hear that. Have a
+16039012064 12:20 PM good drive.
79 Mary Roseen: Dec 16, 2020 I’m very much on the Zach
+16039012064 01:26 PM Tom team, I also nervous bc
this is your first relationship
and I don’t want you to go
through it thinking things are
“normal”...you’re right, there’s
no normal, which means you
have to checkin with yourself
regularly. that’s all I’m saying.
82 Mary Roseen: Dec 16, 2020 I’m free if you want to talk.
+16039012064 05:25 PM
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 316 of 1373
83 Mary Roseen: Dec 16, 2020 Ok. Is 30min ok?
+16039012064 05:28 PM
85 Mary Roseen: Dec 23, 2020 Hi, did Nana die today 5 years
+16039012064 07:51 AM ago?
90 Mary Roseen: Jan 16, 2021 Yes sounds good. I don’t know
+16039012064 08:03 AM when yet. I’m going to
crosscut soon and I will be in
touch later
92 Mary Roseen: Feb 01, 2021 Hi, yes. Zach and I are looking
+16039012064 08:35 AM for a place together, but it may
take some time to find it.
94 Mary Roseen: Feb 01, 2021 But mom had talked to Cindy
+16039012064 09:56 AM who I guess had been hoping
you’d find a place with her?
96 Mary Roseen: Feb 02, 2021 Yes, she has wanted that for a
+16039012064 03:14 PM while and I have been open to
considering it but never
committed to living with her.
She has mostly stopped
talking to me for the past
month, but I have reached-out
to her a few times.
102 Mary Roseen: Feb 02, 2021 I also wonder if this isn’t only
+16039012064 04:43 PM about housing? But rather the
housing issue is the last straw
so to speak? Might she be
frustrated by a number of
things?
103 Mary Roseen: Feb 02, 2021 And, you and Zach are moving
+16039012064 04:43 PM quickly. You can’t deny that.
104 Mary Roseen: Feb 02, 2021 I’m not suggesting you move
+16039012064 04:44 PM in with Cindy-I imagine that
would be a triggering
experience for you, nor am I
trying to talk you out of moving
in with Zach, just that there are
many sides here.
105 Mary Roseen: Feb 16, 2021 Shawn said you skied with him
+16039012064 04:06 PM yesterday? What happened
with Brian?
108 Mary Roseen: Feb 16, 2021 Hi, I’m sorry. Busy day.
+16039012064 08:07 PM Unfortunately He broke his leg
111 Mary Roseen: Feb 16, 2021 But we should talk soon.
+16039012064 08:09 PM
112 Mary Roseen: Feb 17, 2021 Liked “ But we should talk
+16039012064 12:55 PM soon. ”
113 Mary Roseen: Feb 28, 2021 We still haven’t found a time
+16039012064 07:12 PM
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 318 of 1373
114 Mary Roseen: Feb 28, 2021 Hi, I know. I was thinking
+16039012064 07:35 PM about I’m you today but ended
up taking wi to Mom and Dad
for a while. It was good. Do
you want to talk this week or
next weekend?
115 Mary Roseen: Feb 28, 2021 Oh good. I’m glad you talked
+16039012064 08:02 PM with them
116 Mary Roseen: Feb 28, 2021 Probably not this week. It’s
+16039012064 08:02 PM hard to find a time these days
117 Mary Roseen: Feb 28, 2021 But the weekend is looking
+16039012064 08:03 PM wide open
118 Mary Roseen: Feb 28, 2021 Sounds good. Let’s plan
+16039012064 09:19 PM tentatively for Sunday
119 Mary Roseen: Mar 01, 2021 Tom, this is not okay.
+16039012064 03:42 AM
120 Mary Roseen: Mar 01, 2021 You are an adult with your
+16039012064 03:42 AM own relationships to tend to. Y
121 Mary Roseen: Mar 01, 2021 And sure. Sunday sounds fine.
+16039012064 03:43 AM
123 Mary Roseen: Mar 01, 2021 You aren’t going to talk to us?
+16039012064 08:30 AM
124 Mary Roseen: Mar 01, 2021 You are isolating yourself
+16039012064 08:30 AM
125 Mary Roseen: Mar 01, 2021 From people you’ve know for
+16039012064 08:30 AM 30 yrs. not 9 months.
130 Mary Roseen: Mar 01, 2021 We are on the way and I’m
+16039012064 09:57 AM loosing service soon. I will
respond later
131 Mary Roseen: Mar 01, 2021 Mom is filling in details for me.
+16039012064 09:57 AM I reacted to Zach’s text the
way I did Bc I believed it was
in response to my text you
about talking.
134 Mary Roseen: Mar 01, 2021 You’re right that I haven’t
+16039012064 05:57 PM made much of an effort to
connect with you, and I’m
sorry. It sounds to me like you
are trying to be objective and I
appreciate that. Can we plan
to talk tomorrow evening?
135 Mary Roseen: Mar 01, 2021 We had a good day. It was
+16039012064 05:58 PM beautiful. I skied and Zach
snowshoed.
138 Mary Roseen: Mar 01, 2021 Yes tomorrow evening should
+16039012064 07:00 PM work.
139 Mary Roseen: Mar 01, 2021 Liked “Yes tomorrow evening
+16039012064 08:21 PM should work.”
140 Mary Roseen: Mar 02, 2021 Hi, did you say that 8 Est was
+16039012064 10:25 AM too late? That would be good
for me
143 Mary Roseen: Mar 02, 2021 Good. I also want to clarify
+16039012064 10:46 AM that yesterday morning I did
say to Zach that we need to
stop talking to everyone for a
while because I was
overwhelmed, annoyed, and
often I think that less input can
help the dust settle. However,
I realized what I really meant
is that I will talk with all of you
but it’s best that Zach does not
or has very limited contact for
now.
144 Mary Roseen: Mar 02, 2021 Yes. I agree. Tom, Zach is a
+16039012064 10:51 AM stranger to me and you should
be the one facilitating
introductions to his family. He
shouldn’t be left alone to do
that. And, his communication,
although kind, doesn’t have
the same Impact as his
intention. His intentions are
good, but it’s impact is odd,
and since we hardly hear from
you, it’s causing tension.
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 321 of 1373
145 Mary Roseen: Mar 02, 2021 So, I’m glad you’re realizing
+16039012064 10:51 AM this.
149 Mary Roseen: Mar 02, 2021 And everyone wants to see
+16039012064 07:46 PM you happy and thriving.
151 Mary Roseen: Mar 02, 2021 And, for the record, from what
+16039012064 07:57 PM you’ve said, the ways that
Zach is helping you are ways
I’d want to help you too. So
that earns Zach some points in
my book.
152 Mary Roseen: Mar 02, 2021 Before I left Fryeburg one of
+16039012064 08:02 PM my
Favorite teacher friends who
was probably 15 yrs older than
me said that she remembered
her late 20s and early 30s
being really rocky. It stuck with
me Bc it was true and I think
the same might the case for
you. I feel like you’re in this
giant journey of self-
acceptance that is difficult and
painful and lonely. I’m glad
you have Zach to help you
through it, but, again, you
need a village.
154 Mary Roseen: Mar 05, 2021 Please stop texting that to me.
+16039012064 07:23 PM It’s sarcastic and annoying.
I’ve had a lot of tough
conversations this week and
received a lot of information
but I have had no time to
process. I will respond when I
am ready. I have a ski race
tomorrow.
159 Mary Roseen: Mar 05, 2021 (And for the record, your
+16039012064 07:30 PM silence is annoying and could
be interpreted as passive
aggressive. i try not to think
that way, but in the spirit of
communication, I figure you
should know how your
behavior can be perceived.)
160 Mary Roseen: Mar 05, 2021 Thank you for the good luck. I
+16039012064 08:15 PM am not done with this but I do
not have the time or energy to
respond.
164 Mary Roseen: Mar 20, 2021 Hi, call later. I’m eating
+16039012064 07:06 PM
167 Mary Roseen: Mar 20, 2021 Ok. Maybe we can catch up
+16039012064 08:40 PM tomorrow. Sleep well
172 Mary Roseen: Mar 30, 2021 1 by 1 you are losing your
+16039012064 01:22 PM family. Is that what you want?
173 Mary Roseen: Mar 30, 2021 No, Mary. I have meant to
+16039012064 02:22 PM respond to you, but I have
needed some space. And yes,
sometimes I get irritated
because of the way you talk to
me. I am talking to Mom and
Dad tonight.
174 Mary Roseen: Mar 30, 2021 Tom, you’re not the only one
+16039012064 03:06 PM around here with feelings. And
we all love you and are
worried. Happy birthday eve.
175 Mary Roseen: Mar 30, 2021 Also, I do not believe my texts
+16039012064 03:18 PM from a week ago were
anything but supportive. I’m
not going to talk to you about
this anymore, but when you
want to talk I’m here.
177 Mary Roseen: Mar 31, 2021 Thank you, and thank you for
+16039012064 10:06 AM the card. I love it. I will open
your gift tonight
This is what I wrote in response during that weekend/week of the 20th. We have talked about
or addressed some of this since then, I think even during the week of the 21st, so I have felt
since then that maybe I need to rework it to account for the changes. However, now I want to
send this to show you my thought process at the time.
Standout topics to work on:
Like I mentioned, I want to work on improving my communication, including being open to
sharing more information and advocating more for myself. I know that I am improving, and
I even sense that in the past week, such as being more confident, even in the tough time.
I want to improve my ability to follow my nature and truly take the time and space I need to
process. Throughout my life I learned that I was too slow, my speed was unacceptable, and
that I need to make decisions quicker because that is what society values and needs.
Therefore, I developed a habit of expediting my decision-making process to bring myself to
the level of society. For example, I will still find myself making a decision at work, and
thinking “wait, why did I say that? Is that true?” and if it’s not, then I have to redirect my
coworkers, or myself. This has not happened with critical things on the farm, and has not
resulted in terrible mistakes, but I realize it can be annoying for my coworkers and I need to
follow my nature. I am embarrassed but I know it has happened with us, and I am sorry for
that because I know it has caused some pain. I know this may be alarming to you. I am
being vulnerable right now and telling you that I recognize it, and I am working on it, with
myself and in therapy. I am good enough and there is nothing wrong with my deliberate
process. In fact, it is a strength. The other night you recognized how much I have changed in
the past year, and in the past nine months, and said that I am not slow. I appreciate that and
thank you.
Recognize and vocalize when I feel pressured to respond or make a decision.
Improving positivity in my life. One step I have already taken is that I subscribed to the I
Am app, and it has already been helpful. I get a three-day free trial, but I am sold.
I want to find ways to decrease my alcohol intake. I will soon begin working full time, and
if we can establish healthy routines, I think that will help significantly.
Use my phone to be more organized and set reminders, such as the appropriate advance time
to call for med refills.
Go to bed at a consistent, early time.
Try not to raise my voice when I feel triggered or upset.
“I do sometimes ask for the time I need and then find myself slipping into avoidance, often
unintentionally. I say I need more time, but then sometimes I don’t necessarily use it to
address a topic. I am working on this.” Maybe I can use my phone to help?
Thinking errors...say more
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 47 of 1373
I would really like to find a healthy way to move forward, and like you have mentioned about yourself, I too have some standout
topics to work on. I believe that involves some amount of time and space, and therapy for each of us.
> On Mar 20, 2021, at 7:44 AM, Zach Rusk <zachrusk5@gmail.com> wrote:
>
> If helpful, the last four pages of our most recent texts are attached. These commence from just moments prior to your call
to me the first time yesterday, This may help Greg help you best, when coupled with my journal entry from yesterday, which
is also attached (the full journal entry in one pdf, this time). And our call records from yesterday, as well. (Provided snippets
of the journal entries to you intermittently between your three calls to me yesterday). Plus ideas (written to you this morning
via email) on how to possibly approach the most important topic to you, as you communicated, from our last call last night.
>
> <TextMsgs_Tom_Roseen_2021_0320_07_29 copy.pdf>
> <Zach Full March 19th 2021 Journal Entry PDF.pdf>
> <IMG_0279.PNG>
>
>
>
> <How to improve partners relationship with their siblings .pdf>
> <7 Helpful Ways To Actually Get Along Better With Your Partners Parents.pdf>
> <How to Help Your Partner Feel Comfortable With Your Family.pdf>
>
>
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 78 of 78
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 39 of 78
This is what I wrote in response during that weekend/week of the 20th. We have talked about
or addressed some of this since then, I think even during the week of the 21st, so I have felt
since then that maybe I need to rework it to account for the changes. However, now I want to
send this to show you my thought process at the time.
Standout topics to work on:
Improving positivity in my life. One step I have already taken is that I subscribed to the I
Am app, and it has already been helpful. I get a three-day free trial, but I am sold.
I want to find ways to decrease my alcohol intake. I will soon begin working full time, and
if we can establish healthy routines, I think that will help significantly.
Use my phone to be more organized and set reminders, such as the appropriate advance time
to call for med refills.
I would really like to find a healthy way to move forward, and like you have mentioned about yourself, I too have some standout
topics to work on. I believe that involves some amount of time and space, and therapy for each of us.
> On Mar 20, 2021, at 7:44 AM, Zach Rusk <zachrusk5@gmail.com> wrote:
>
> If helpful, the last four pages of our most recent texts are attached. These commence from just moments prior to your call
to me the first time yesterday, This may help Greg help you best, when coupled with my journal entry from yesterday, which
is also attached (the full journal entry in one pdf, this time). And our call records from yesterday, as well. (Provided snippets
of the journal entries to you intermittently between your three calls to me yesterday). Plus ideas (written to you this morning
via email) on how to possibly approach the most important topic to you, as you communicated, from our last call last night.
>
> <TextMsgs_Tom_Roseen_2021_0320_07_29 copy.pdf>
> <Zach Full March 19th 2021 Journal Entry PDF.pdf>
> <IMG_0279.PNG>
>
>
>
> <How to improve partners relationship with their siblings .pdf>
> <7 Helpful Ways To Actually Get Along Better With Your Partners Parents.pdf>
> <How to Help Your Partner Feel Comfortable With Your Family.pdf>
>
>
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 29 of 78
The cost of my Vyvanse is not just $300. It’s the opportunity cost of paying the deductible
so that my policy can pay for thousands if I have a medical emergency.
You are trying to help me recognize and correct my thinking errors.
You have focused on me so much recently because you love me so much that you have not
addressed some of the personal business that you would normally address immediately. This
is one example of your cognitive dissonance.
You said: “I’m glad you put your phone on silent.”
You referenced your own medical expenses which would be less than the full cost of my
Vyvanse.
The point of this email was to help me organize my thoughts and prepare for tomorrow, not
to provide something for you to read.
“This took too long, Tom, again.”
times and you have found a lot of red flags. For me, challenging, stressful, exhausting, and
overwhelming. I only mention these dissatisfying aspects to provide reason that I could
have bailed many times, but I am still by your side. What does that say about me? It has
also been beautiful and positively life changing, and more.
You said that you are going to tell it how it is “finally,” and push me. Please
remember that I have been pushed and dragged through school and other parts of life since
I was a kid because I did not fit into everyone else’s pace of life. It was traumatic for me
and I am sensitive to ideas about someone pushing me to do something. I am not opposed
if I know the person loves me, is well intended, and empowers me, but it is still a delicate
topic. For example, you used the metaphor of “only dipping my feet in the water.” I
understand what you mean when you say this, but it immediately pulled a memory that I
have of my Mom essentially forcing me to jump in the deep water at the end of the dock at
our town’s beach, because I was scared and not ready at the same time as others in my
swimming class. She brought me there one evening after dinner and I sat on the dock in
agony trying to figure out what to do. She said: “we are not leaving until you jump in the
water.” I realize she was well intended, and sometimes I think: “why was this so difficult
for me- your Mom made you jump in some deep water. Big deal.” However, I often
question if she learned when to stop pushing me, when too far was too far. It feels to me
that she did not know, and I was incapable of effectively communicating that.
You also use a lot of language that is upsetting, and possibly distancing, such as
“liability,” “threat,” “egregious,” “protect myself,” etc. I understand your meaning and
accept it, but I am uncomfortable about your language choice. Again, I know that you are
very experienced and knowledgeable in law, and that impresses me and I want to learn
more, but sometimes I feel like there is less distance between our relationship and your
lawsuits. Our relationship is loving, caring, honest… and when I think of lawyers,
lawsuits, and the judicial system, the words that come to my mind are cold, strict,
objective, tiresome, devoid of feeling, and more. That is not our relationship.
You commented on my illogical or hypocritical approach to you seeing other
people- I want you for myself but don’t want to commit to you. I am not oblivious to this
characteristic. I also felt similarly with Emilie and I recognized it and questioned it. We
were close in college but when I saw her hanging out with other guys, I became upset,
although I never expressed it. I knew that I was not ready to date her, because I was
physically unattracted to her and because of other many unresolved personal issues, yet I
did not want her to see other people. When we graduated and she began to date another
guy, I was angry and resentful of him. I felt like she belonged to me, but I was incapable of
having a relationship with her. I recognized that this was hypocritical, and I never acted
on this feeling, but I questioned it. So, I have picked up on this thinking pattern in myself,
and I am trying to work through it, but I did not communicate it to you.
Other topics, questions, and excerpts I wanted to/am addressing. Some of these questions
may seem crazy to you, but I wrote them to ask myself and make sure that I am answering
them for myself and speaking my truth.
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 31 of 78
Do I defend my oppressors? Are my siblings oppressing me? What power do I give them?
“Don’t make the person YOU hurt feel bad for being hurt.”
You claim that my siblings were driving a wedge between us as early as last fall. Mary
said they forgave the promise wring incident- which says to me that they saw it as doing
something wrong. Maybe it was quick, but was it wrong?
I did not realize how serious my family situation is, and maybe I was caught in a view that
things would be fine and that my family would welcome you. I suppose that was naïve, or
idealistic.
Are my siblings jealous of us?
What do you mean when you say that I benched you? Put you on the sidelines?
I feel a lot of pressure to respond “the right way” because you are concerned about my
family threatening you and everything you have worked towards for the last 10 years. This
is difficult for me and leads me to start questioning my process: “Have I thought about this
enough? Is this really how I feel? Maybe I feel this way right now, but it may change
later….”
You sense that I am not committed 100% like you are.
“Please show me that you are serious about trying.”
I fell in love with you again on our ski day at Bridger- with the car and when we got home
and you wanted pretzels and cheese, but I was out.
Discussion points for the meeting with Greg:
“It’s not couples counseling. It’s facilitating a conversation to help me explain myself to
you. This is part of my therapy.”
-In October when Cindy was helping me figure out how to help Zach, I was
procrastinating about telling Shawn, and I said “…I’ll be honest, it’s difficult talking to all
of you, our family, about this stuff. I guess I’m afraid.” Cindy replied: “Just explain. Are
you afraid that we’re all going to say it’s too soon, etc?” I said that I was not sure what the
fear was.
-I am really struggling to see how my family is treating me so poorly. I feel like something
is wrong, but I am unsure if I know entirely what is wrong. I see how Cindy has treated
me poorly, but Mary and Shawn are more confusing. I keep returning to the same theme
that they are disrespecting my agency, but is that it? Is that the problem, or is there more
that I am missing? They are projecting their concerns onto me and appear not to trust me?
Again, I feel that I have not questioned their relationships to the same extent that they are
questioning mine.
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 32 of 78
questioning mine.
-My feelings of inadequacy
-My trouble accepting Zach’s need to have sexual contact with other people- Do I feel
envious or jealous? Do I take it as being inadequate? I think some of it comes from feeling
left out
-Do I receive some pleasure from emotional self-abuse?
-How do we help them help us?
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 1 of 78
1128 Shawn Roseen: Mar 06, 2021 "I am mentally ill"
+16035818972 11:46 AM
1131 Mary Roseen: Mar 08, 2021 Tom, how did the race go?
+16039012064 02:43 PM
1134 group Mar 15, 2021 Zach and I broke up early this
01:31 PM morning. I met with Greg for
two hours today. I am
exhausted and numb, but ok
for the moment. I know you
will all want to talk but I cannot
talk with all of you right now
because I am so tired.
1135 Kathy Roseen: Mar 15, 2021 Oh Tom! Thank you for
+16033033371 01:35 PM sharing this. It must have been
very difficult & I’m so glad you
had Greg to help you through
this.
We are all here for you as you
know & will help in any way we
can when you are ready. This
is always hard, but you will get
through it. Call anytime
1136 Mary Roseen: Mar 15, 2021 Yes. What mom said.
+16039012064 01:36 PM
1138 Kathy Roseen: Mar 26, 2021 Thunder storm in T’boro & lots
+16033033371 03:04 PM of rain
1141 Mary Roseen: Mar 31, 2021 Take some to address it with
+16039012064 12:52 PM us? Or with him?
1145 group Apr 06, 2021 Hi, Zach is excited about some
07:35 PM of my winter projects and
wanted to share it with you
because he knows I may not
for a while. I understand this
may feel uncomfortable
because you haven’t heard
from me in a bit, but I am in
the process of writing to you
because that is an easier way
for me to communicate. So,
I’m not ignoring you.
1148 Mary Roseen: Apr 06, 2021 Tom, he’s does some
+16039012064 07:37 PM damage.
1151 Cindy Roseen: Apr 06, 2021 Does he think that everything
+16032448055 07:39 PM is back to normal now? Does
he think he can just smooth
things over? He’s burned all
bridges. I’m absolutely done
with him.
1152 Mary Roseen: Apr 06, 2021 But yes, your projects are
+16039012064 07:39 PM cool.
1153 group Apr 06, 2021 No, he does not think that.
07:39 PM And I don’t either
1155 Mary Roseen: Apr 06, 2021 I literally just ordered the book
+16039012064 07:40 PM velvet rage. It was
recommended to me by a
friend.
1156 Mary Roseen: Apr 06, 2021 That’s the only way I can
+16039012064 07:41 PM make sense of any of this.
1157 Mary Roseen: Apr 06, 2021 Any of this = the situation we
+16039012064 07:41 PM find ourselves in.
1158 Mary Roseen: Apr 06, 2021 The situation being you aren’t
+16039012064 07:50 PM talking to us and are in what
appears to be an extremely
manipulative relationship.
1159 Mary Roseen: Apr 06, 2021 And now I’m sure I’ve just
+16039012064 07:51 PM made it worse. But when
you’re ready to talk, we’re
here.
1160 Mary Roseen: Apr 06, 2021 And Tom, if Zach wants to
+16039012064 08:08 PM make amends, he should
consider apologizing.
Especially to Cindy. And I’d
love to see your projects,
especially if you share them
with me. They are yours to
share.
1161 Kathy Roseen: Apr 06, 2021 Thank you for being in touch
+16033033371 08:08 PM Tom. We all have concerns
about you not connecting with
us for lengths of time; we are
concerned about you being
swayed away from us; we are
concerned about the way Zach
has reacted against you & the
others; but I also know you are
now 30 & I for one have to let
go & trust that you are on a
safe path, despite our
concerns. And right now what I
want more than anything is to
have everyone call a truce.....
acknowledge that stuff in the
recent past is yucky, & that it
won’t change because
everyone is so hurt & angry,
but to move forward & fix the
relationships with your sisters
& brother. That’s the most
important thing to me & dad
right now. And all he & I can
do is hope that you have made
a good choice that is safe,
even in times of stress when
behaviors can escalate. That,
& you not being in touch, are
our biggest concerns.
1162 Kathy Roseen: Apr 06, 2021 And I agree with Mary that
+16033033371 08:39 PM Cindy deserves an apology.
She was deeply affected & his
intent was to cause severe &
costly harm & consequences
for her by making up stories &
“reporting “ her. That is just
unbelievable to me & it has to
be addressed.
348 Shawn Roseen: Feb 06, 2021 I'm good. Working a ton
+16035818972 01:35 PM currently
349 Shawn Roseen: Feb 06, 2021 Hopefully the weather holds
+16035818972 01:35 PM off for next weekend
350 Shawn Roseen: Feb 13, 2021 Trying to get to sky and
+16035818972 11:28 AM Trisha's by 5
351 Shawn Roseen: Feb 13, 2021 Did you bring a shirt(s) for
+16035818972 04:47 PM Zach?
352 Shawn Roseen: Feb 13, 2021 I haven't left yet but I will
+16035818972 04:47 PM
353 Shawn Roseen: Feb 13, 2021 You want multiple shirts?
+16035818972 04:47 PM
354 Shawn Roseen: Feb 13, 2021 Ok thanks no just one you to
+16035818972 04:49 PM think he might like
358 Shawn Roseen: Feb 13, 2021 Yeah. I'll be there in a few
+16035818972 05:19 PM
360 Shawn Roseen: Feb 14, 2021 Hi, ok. Feeling better now.
+16035818972 01:55 PM You?
361 Shawn Roseen: Feb 14, 2021 I'm good. Definitely slow
+16035818972 01:58 PM
362 Shawn Roseen: Feb 14, 2021 You guys are still skiing
+16035818972 06:04 PM tomorrow?
363 Shawn Roseen: Feb 14, 2021 I just want to make sure I
+16035818972 07:49 PM clarify. I’m not sure why you
assumed Zach gave that
edible to me, but just for the
record he did not give me an
edible. It was Peter.
364 Shawn Roseen: Feb 14, 2021 Yeah I know now. Because
+16035818972 07:49 PM Zach had talked about you
hitting the bong earlier that
night haha
367 Shawn Roseen: Feb 14, 2021 Earlier in the night he jokingly
+16035818972 07:59 PM mentioned you and the bong. I
know you haven't had much of
any experience with weed. I
knew they were available but I
can't have weed because I
could be drug tested
368 Shawn Roseen: Feb 14, 2021 Thanks for your response.
+16035818972 09:44 PM Over Thanksgiving, you and
Cindy told Zach and I about
going to the yurt a week or two
after the holidays and said
you’d be doing psilocybin.
Wouldn’t that be part of your
drug testing? We did not go,
because I was worried about
COVID, and I was. You two
invited us but we decided not
to go. Prior to that, I told Zach
that when I tried psilocybin
with you, Cindy and Dan, I
passed out and woke up to
Cindy yelling at me. This
worried Zach, and he
discouraged me from going
because he worried for my
health and safety (I also did
not want to go). I’m concerned
about Zach being blamed for
last night because he is not
like that.
369 Shawn Roseen: Feb 15, 2021 Hi, Happy Birthday Shawn!
+16035818972 08:45 AM
371 Shawn Roseen: Feb 15, 2021 Hi, we’re leaving now. Sorry
+16035818972 09:24 AM
372 Shawn Roseen: Feb 15, 2021 All good. They had to stop for
+16035818972 09:25 AM coffee so we're on the same
page
375 Shawn Roseen: Feb 15, 2021 Yeah I saw you. We just
+16035818972 09:55 AM parked in commuter. Meet in
jbl face shots bar
3 Mary Roseen: Jul 12, 2020 His name is Zach, and he’s
+16039012064 07:26 AM working on his MBA at USU.
So, once again, Logan shows
up in my life. Interesting.
4 Mary Roseen: Jul 12, 2020 Hi. That’s exciting! Have you
+16039012064 07:39 AM been driving down to Logan?
5 Mary Roseen: Jul 15, 2020 I’m here, not sure what was
+16039012064 11:55 AM happening, but I’m here
16 Mary Roseen: Aug 22, 2020 Hi. I’m spending time with
+16039012064 04:43 PM Shawn and Brian at their new
place. Talk tomorrow?
21 Mary Roseen: Aug 26, 2020 Yeah I’m happy for him. Yes
+16039012064 07:46 PM I’m going to look at flights
tonight just to see
22 Mary Roseen: Aug 26, 2020 They look cheap at first look
+16039012064 07:48 PM
26 Mary Roseen: Sep 08, 2020 Hi. I just read the recent news
+16039012064 07:35 AM about the fire-did you get a
damaging frost?
27 Mary Roseen: Sep 10, 2020 Hi, sorry for the late reply. We
+16039012064 10:26 PM did get a couple nights of
snow and cold temps, but we
were able to save everything
we really cared about. So, it
turned out ok.
30 Mary Roseen: Sep 11, 2020 Hi. Okay great. I’m glad he
+16039012064 05:17 AM talked to you.
32 Mary Roseen: Sep 11, 2020 I’d love to talk to you about it
+16039012064 05:22 AM over the phone
33 Mary Roseen: Sep 12, 2020 Hi, I was going to call today
+16039012064 07:34 PM but it was busy and I’m too
tied now. Talk tomorrow? That
would be nice
38 Mary Roseen: Sep 12, 2020 But bed time. Talk tomorrow
+16039012064 08:19 PM
40 Mary Roseen: Sep 25, 2020 Hi. I’ve been thinking of you all
+16039012064 09:12 PM week. Are you in UT?
41 Mary Roseen: Sep 25, 2020 I’m going to bed, but I love
+16039012064 09:13 PM you and I hope your drive
safely and have a good
weekend.
43 Mary Roseen: Sep 26, 2020 Hi, yes, sorry. I made it late
+16039012064 06:20 PM Thursday night. We’ve had a
really nice time. Zach is
wonderful. Hiking yesterday,
and a hot springs today.
44 Mary Roseen: Sep 26, 2020 Liked “Hi, yes, sorry. I made it
+16039012064 06:20 PM late Thursday night. We’ve
had a really nice time. Zach is
wonderful. Hiking yesterday,
and a hot springs today.”
45 Mary Roseen: Sep 26, 2020 Can you send that to mom
+16039012064 06:20 PM too?
46 Mary Roseen: Sep 26, 2020 I’m glad you made it and
+16039012064 06:20 PM things are good.
72 Mary Roseen: Oct 12, 2020 But I’m also not very informed
+16039012064 10:37 AM
76 Mary Roseen: Nov 02, 2020 Hi, I’m thinking about you. I
+16039012064 10:42 AM spent the weekend in a city
just south of salt lake with
Zach, who was dog watching
for his friends. Maybe you’ve
already heard but long-story-
short he is moving to
Bozeman, so I came down to
get him. It was a fun weekend
and we are just about to leave.
Hope you are well and Talk to
you later
78 Mary Roseen: Nov 02, 2020 No, I didn’t hear that. Have a
+16039012064 12:20 PM good drive.
79 Mary Roseen: Dec 16, 2020 I’m very much on the Zach
+16039012064 01:26 PM Tom team, I also nervous bc
this is your first relationship
and I don’t want you to go
through it thinking things are
“normal”...you’re right, there’s
no normal, which means you
have to checkin with yourself
regularly. that’s all I’m saying.
82 Mary Roseen: Dec 16, 2020 I’m free if you want to talk.
+16039012064 05:25 PM
83 Mary Roseen: Dec 16, 2020 Ok. Is 30min ok?
+16039012064 05:28 PM
85 Mary Roseen: Dec 23, 2020 Hi, did Nana die today 5 years
+16039012064 07:51 AM ago?
90 Mary Roseen: Jan 16, 2021 Yes sounds good. I don’t know
+16039012064 08:03 AM when yet. I’m going to
crosscut soon and I will be in
touch later
92 Mary Roseen: Feb 01, 2021 Hi, yes. Zach and I are looking
+16039012064 08:35 AM for a place together, but it may
take some time to find it.
94 Mary Roseen: Feb 01, 2021 But mom had talked to Cindy
+16039012064 09:56 AM who I guess had been hoping
you’d find a place with her?
96 Mary Roseen: Feb 02, 2021 Yes, she has wanted that for a
+16039012064 03:14 PM while and I have been open to
considering it but never
committed to living with her.
She has mostly stopped
talking to me for the past
month, but I have reached-out
to her a few times.
102 Mary Roseen: Feb 02, 2021 I also wonder if this isn’t only
+16039012064 04:43 PM about housing? But rather the
housing issue is the last straw
so to speak? Might she be
frustrated by a number of
things?
103 Mary Roseen: Feb 02, 2021 And, you and Zach are moving
+16039012064 04:43 PM quickly. You can’t deny that.
104 Mary Roseen: Feb 02, 2021 I’m not suggesting you move
+16039012064 04:44 PM in with Cindy-I imagine that
would be a triggering
experience for you, nor am I
trying to talk you out of moving
in with Zach, just that there are
many sides here.
105 Mary Roseen: Feb 16, 2021 Shawn said you skied with him
+16039012064 04:06 PM yesterday? What happened
with Brian?
108 Mary Roseen: Feb 16, 2021 Hi, I’m sorry. Busy day.
+16039012064 08:07 PM Unfortunately He broke his leg
111 Mary Roseen: Feb 16, 2021 But we should talk soon.
+16039012064 08:09 PM
112 Mary Roseen: Feb 17, 2021 Liked “ But we should talk
+16039012064 12:55 PM soon. ”
113 Mary Roseen: Feb 28, 2021 We still haven’t found a time
+16039012064 07:12 PM
114 Mary Roseen: Feb 28, 2021 Hi, I know. I was thinking
+16039012064 07:35 PM about I’m you today but ended
up taking wi to Mom and Dad
for a while. It was good. Do
you want to talk this week or
next weekend?
115 Mary Roseen: Feb 28, 2021 Oh good. I’m glad you talked
+16039012064 08:02 PM with them
116 Mary Roseen: Feb 28, 2021 Probably not this week. It’s
+16039012064 08:02 PM hard to find a time these days
117 Mary Roseen: Feb 28, 2021 But the weekend is looking
+16039012064 08:03 PM wide open
118 Mary Roseen: Feb 28, 2021 Sounds good. Let’s plan
+16039012064 09:19 PM tentatively for Sunday
119 Mary Roseen: Mar 01, 2021 Tom, this is not okay.
+16039012064 03:42 AM
120 Mary Roseen: Mar 01, 2021 You are an adult with your
+16039012064 03:42 AM own relationships to tend to. Y
121 Mary Roseen: Mar 01, 2021 And sure. Sunday sounds fine.
+16039012064 03:43 AM
123 Mary Roseen: Mar 01, 2021 You aren’t going to talk to us?
+16039012064 08:30 AM
124 Mary Roseen: Mar 01, 2021 You are isolating yourself
+16039012064 08:30 AM
125 Mary Roseen: Mar 01, 2021 From people you’ve know for
+16039012064 08:30 AM 30 yrs. not 9 months.
130 Mary Roseen: Mar 01, 2021 We are on the way and I’m
+16039012064 09:57 AM loosing service soon. I will
respond later
131 Mary Roseen: Mar 01, 2021 Mom is filling in details for me.
+16039012064 09:57 AM I reacted to Zach’s text the
way I did Bc I believed it was
in response to my text you
about talking.
134 Mary Roseen: Mar 01, 2021 You’re right that I haven’t
+16039012064 05:57 PM made much of an effort to
connect with you, and I’m
sorry. It sounds to me like you
are trying to be objective and I
appreciate that. Can we plan
to talk tomorrow evening?
135 Mary Roseen: Mar 01, 2021 We had a good day. It was
+16039012064 05:58 PM beautiful. I skied and Zach
snowshoed.
138 Mary Roseen: Mar 01, 2021 Yes tomorrow evening should
+16039012064 07:00 PM work.
139 Mary Roseen: Mar 01, 2021 Liked “Yes tomorrow evening
+16039012064 08:21 PM should work.”
140 Mary Roseen: Mar 02, 2021 Hi, did you say that 8 Est was
+16039012064 10:25 AM too late? That would be good
for me
143 Mary Roseen: Mar 02, 2021 Good. I also want to clarify
+16039012064 10:46 AM that yesterday morning I did
say to Zach that we need to
stop talking to everyone for a
while because I was
overwhelmed, annoyed, and
often I think that less input can
help the dust settle. However,
I realized what I really meant
is that I will talk with all of you
but it’s best that Zach does not
or has very limited contact for
now.
144 Mary Roseen: Mar 02, 2021 Yes. I agree. Tom, Zach is a
+16039012064 10:51 AM stranger to me and you should
be the one facilitating
introductions to his family. He
shouldn’t be left alone to do
that. And, his communication,
although kind, doesn’t have
the same Impact as his
intention. His intentions are
good, but it’s impact is odd,
and since we hardly hear from
you, it’s causing tension.
145 Mary Roseen: Mar 02, 2021 So, I’m glad you’re realizing
+16039012064 10:51 AM this.
149 Mary Roseen: Mar 02, 2021 And everyone wants to see
+16039012064 07:46 PM you happy and thriving.
151 Mary Roseen: Mar 02, 2021 And, for the record, from what
+16039012064 07:57 PM you’ve said, the ways that
Zach is helping you are ways
I’d want to help you too. So
that earns Zach some points in
my book.
I am open minded but I also
reserve the right to be careful
and cautious.
152 Mary Roseen: Mar 02, 2021 Before I left Fryeburg one of
+16039012064 08:02 PM my
Favorite teacher friends who
was probably 15 yrs older than
me said that she remembered
her late 20s and early 30s
being really rocky. It stuck with
me Bc it was true and I think
the same might the case for
you. I feel like you’re in this
giant journey of self-
acceptance that is difficult and
painful and lonely. I’m glad
you have Zach to help you
through it, but, again, you
need a village.
154 Mary Roseen: Mar 05, 2021 Please stop texting that to me.
+16039012064 07:23 PM It’s sarcastic and annoying.
I’ve had a lot of tough
conversations this week and
received a lot of information
but I have had no time to
process. I will respond when I
am ready. I have a ski race
tomorrow.
159 Mary Roseen: Mar 05, 2021 (And for the record, your
+16039012064 07:30 PM silence is annoying and could
be interpreted as passive
aggressive. i try not to think
that way, but in the spirit of
communication, I figure you
should know how your
behavior can be perceived.)
160 Mary Roseen: Mar 05, 2021 Thank you for the good luck. I
+16039012064 08:15 PM am not done with this but I do
not have the time or energy to
respond.
164 Mary Roseen: Mar 20, 2021 Hi, call later. I’m eating
+16039012064 07:06 PM
167 Mary Roseen: Mar 20, 2021 Ok. Maybe we can catch up
+16039012064 08:40 PM tomorrow. Sleep well
172 Mary Roseen: Mar 30, 2021 1 by 1 you are losing your
+16039012064 01:22 PM family. Is that what you want?
173 Mary Roseen: Mar 30, 2021 No, Mary. I have meant to
+16039012064 02:22 PM respond to you, but I have
needed some space. And yes,
sometimes I get irritated
because of the way you talk to
me. I am talking to Mom and
Dad tonight.
174 Mary Roseen: Mar 30, 2021 Tom, you’re not the only one
+16039012064 03:06 PM around here with feelings. And
we all love you and are
worried. Happy birthday eve.
175 Mary Roseen: Mar 30, 2021 Also, I do not believe my texts
+16039012064 03:18 PM from a week ago were
anything but supportive. I’m
not going to talk to you about
this anymore, but when you
want to talk I’m here.
177 Mary Roseen: Mar 31, 2021 Thank you, and thank you for
+16039012064 10:06 AM the card. I love it. I will open
your gift tonight
398 Cindy Roseen: Dec 22, 2020 Ok, I’m sorry. On the way
+16032448055 04:49 PM
399 Cindy Roseen: Dec 25, 2020 We’re hoping to zoom at noon.
+16032448055 10:55 AM
400 Cindy Roseen: Dec 25, 2020 Ok. We can probably be there
+16032448055 10:58 AM by 11:30... sorry
403 Cindy Roseen: Dec 31, 2020 Are we still on the same page
+16032448055 08:50 AM for living together? Ideally
looking for something in the
spring.
404 Cindy Roseen: Dec 31, 2020 Hi, no I don’t think we’re on
+16032448055 09:11 AM the same page. Let’s talk
about that. I have tomorrow
off Bytheway
408 Cindy Roseen: Dec 31, 2020 I said that just in case you
+16032448055 09:19 AM wanted to hang out tomorrow
409 Cindy Roseen: Dec 31, 2020 I feel like I have done
+16032448055 12:33 PM something wrong, but I have
not. To my knowledge I have
not given you any
commitment. This topic has
caused a lot of anxiety for me
recently, and additionally the
way that you communicate
about it with me makes me
feel guilty. Let’s talk later.
410 Cindy Roseen: Dec 31, 2020 It’s also given me anxiety. I
+16032448055 12:41 PM don’t want to talk about it. We
have talked about this for a
while and now that Zach is
here, you are ditching me.
411 Cindy Roseen: Dec 31, 2020 I’m done with this. You do you
+16032448055 12:41 PM Tom. You deserve it.
412 Cindy Roseen: Dec 31, 2020 I want to continue this
+16032448055 01:08 PM discussion. I think it’s
important because I can sense
that you have building
resentment towards me or
Zach or both of us, and I want
to resolve it before it hurts our
relationship too much. I may
also have building resentment
towards you.
413 Cindy Roseen: Dec 31, 2020 Well I’m sorry for that, for
+16032448055 01:28 PM whatever I did. I set you free
from it. I’m going to try to let
this not set the tone for the
rest of my day. I’m letting it go.
414 Cindy Roseen: Jan 09, 2021 Hi, I’m thinking about you. I
+16032448055 02:11 PM just want you to know how
happy and relieved I am for
you because of your wage
increase. You deserve it. I love
you and hope you’re doing ok.
415 Cindy Roseen: Jan 09, 2021 Thanks. I got you something.
+16032448055 03:45 PM
419 Cindy Roseen: Jan 10, 2021 Hi, thank you, I love it! Can’t
+16032448055 08:40 AM wait to use it
420 Cindy Roseen: Jan 30, 2021 Hey Cindy, how are you? I
+16032448055 08:12 AM miss you.
424 Cindy Roseen: Feb 14, 2021 Hey, are you ok?
+16032448055 08:31 AM
425 Cindy Roseen: Feb 14, 2021 I’m at work now but wanted to
+16032448055 08:31 AM check in. I won’t be able to
respond in a little bit.
426 Cindy Roseen: Feb 14, 2021 Hi, I don’t feel great but I’m ok.
+16032448055 09:09 AM Thanks for checking in. I’m
embarrassed and
disappointed.
428 Cindy Roseen: Feb 14, 2021 Yeah. Thanks. How are you?
+16032448055 12:27 PM
429 Cindy Roseen: Feb 14, 2021 I’m glad you’re ok. I hope
+16032448055 03:26 PM you’re feeling better by now
too. I’m surprisingly good. I’ll
crash hard tonight but
otherwise feel good.
430 Cindy Roseen: Feb 14, 2021 Thank you, and I’m glad to
+16032448055 08:49 PM hear that
431 Cindy Roseen: Feb 14, 2021 Can Zach and I take the Prius
+16032448055 08:59 PM to Bridger tomorrow?
434 Cindy Roseen: Feb 19, 2021 Thank you for your response
+16032448055 10:53 PM today. It clarified some things.
435 Cindy Roseen: Feb 23, 2021 Hi. Thanks for your email.
+16032448055 07:33 PM Want to get a beer at 317 one
of these nights?
436 Cindy Roseen: Feb 23, 2021 That sounds good. What’s a
+16032448055 08:46 PM good day for you?
438 Cindy Roseen: Feb 23, 2021 Ok, but I need you to respond
+16032448055 11:31 PM to my email tomorrow, so that I
have enough time to think. If
that is not enough time for
you, then let’s reschedule.
Good night.
443 Cindy Roseen: Mar 15, 2021 Zach and I broke up. Do what
+16032448055 12:14 PM you need to do, but he will
need time to clean out the car.
Be careful with your language.
I’m about to call Shari. I’m
available to talk.
446 Cindy Roseen: Mar 15, 2021 I can talk now if you want to.
+16032448055 12:17 PM
447 Cindy Roseen: Mar 15, 2021 I’m home. I have this week off.
+16032448055 12:17 PM
450 Cindy Roseen: Mar 15, 2021 Shawn and I are headed to
+16032448055 01:34 PM Cashman’s soon. Do you want
to come?
454 Cindy Roseen: Mar 15, 2021 Zach, please return the Prius
+16032448055 03:14 PM no later than 5:00pm on next
Monday March22nd, and do
not leave Bozeman and
Belgrade city limits with the
Prius. I will return the prorated
insurance payment when you
have returned it.
457 Cindy Roseen: Mar 15, 2021 It’s ok. You don’t need to now.
+16032448055 05:38 PM Thanks for sending that.
459 Cindy Roseen: Mar 15, 2021 Come stay the night with me.
+16032448055 06:14 PM
460 Cindy Roseen: Mar 15, 2021 We’ll eat a bunch of good
+16032448055 06:14 PM food.
461 Cindy Roseen: Mar 15, 2021 Thank you, Cindy. That
+16032448055 06:42 PM sounds nice, but I need to be
alone tonight. There is no
need to be concerned.
463 Cindy Roseen: Mar 15, 2021 I’m coming over. You can
+16032448055 06:56 PM order pakezza if you want to
get that going.
466 Cindy Roseen: Mar 16, 2021 It’s ok We can figure that out
+16032448055 04:34 PM later
467 Cindy Roseen: Mar 16, 2021 I’ll have to send you the gfc
+16032448055 04:50 PM thing when I get home from
my run.
470 Cindy Roseen: Mar 17, 2021 Thanks for sharing this. I think
+16032448055 07:31 AM it’s a good start, if anything
precipitates from this. Send it.
472 Cindy Roseen: Mar 17, 2021 Are you ok this morning?
+16032448055 07:32 AM
473 Cindy Roseen: Mar 17, 2021 Yes. I’m working on some
+16032448055 07:34 AM things, and will to work later
this morning. Thanks for
checking in.
475 Cindy Roseen: Mar 17, 2021 Ok good. I’m ok. I’m helping
+16032448055 07:36 AM Marie get her car to the
mechanics, then I’m going
back to bed.
477 Cindy Roseen: Mar 18, 2021 Are people talking about Zach
+16032448055 04:10 PM at gfc? That could be
detrimental
478 Cindy Roseen: Mar 18, 2021 Have a minute to talk? Sorry
+16032448055 04:48 PM I'm just anxious. I think it will
be fine
480 Cindy Roseen: Mar 18, 2021 Between Wiley calling me and
+16032448055 06:02 PM Ben getting in touch with me
today, that’s it. So no, I don’t
think so but I’m just protecting
myself.
495 Cindy Roseen: Mar 29, 2021 Wow. That’s a lot. Hopefully
+16032448055 03:19 PM short-lived though. I don’t have
ideas for birthday yet. Maybe
this coming weekend.
496 Cindy Roseen: Mar 29, 2021 We are delivering the Prius
+16032448055 03:20 PM now to your place, and I’ll put
the keys inside
497 Cindy Roseen: Mar 29, 2021 Thanks. Can you give me an
+16032448055 03:22 PM update of what’s been going
on please?
498 Cindy Roseen: Mar 29, 2021 Zach and I are working
+16032448055 03:52 PM through our challenges, and
we are doing well.
499 Cindy Roseen: Mar 31, 2021 Hi, I just tried calling you but
+16032448055 08:05 PM my phone died. It’s having
hardware issues recently I
think. I’ll try again in a bit
500 Cindy Roseen: Mar 31, 2021 I’m at work and honestly
+16032448055 08:06 PM shouldn’t talk with you right
now. I’m too upset.
503 Cindy Roseen: Apr 06, 2021 To answer your question, I’m
+16032448055 07:59 PM exhausted, extremely upset
and Mary doesn’t speak for
me. I’m removing myself from
the entire situation. I did my
part. I have nothing but mean
things to say and I feel if I see
you in person, I will make a
scene. Zach burned all the
bridges. The one between us
is on fire. I do not trust you.
That being said, anything sent
via text or email is only meant
for you but at this point I don’t
trust it so that’s all I’m going to
say. How can you trust him?
Enjoy living with a dog that
bites and a master
manipulator. Good luck.
Cindy,
Thank you for your trying to cultivate a healthy relationship between Zach and me.
You have been helpful to Zach, and us. I have considered a conversation for a while, and
originally, I intended to talk to you, but I know you are busy. So, I wrote to you, which is
typically a better communication method for me anyway. This letter includes examples of
how I feel that you have hurt or mistreated me. Mary and Shawn have also hurt or
mistreated me in some ways, too.
I understand that you are surprised about Zach and me moving “quickly,” and that it
bothers you. However, I feel that you are projecting your dissatisfaction onto me. Why are
you making that my problem? Why is it that, when I enter a relationship, I receive so much
shit when I have supported or mostly supported you in your relationships? I have also
supported Shawn and Mary in their relationships. I realize that there were sometimes when I
may not have been positive about your relationship with Dan, but I do not believe I was
passive aggressive or using the silent treatment. I am hurt by your lack of response to some
of my contact attempts and I feel it was passive aggressive. It feels controlling and
manipulative. For example, at the end of January, I texted you asking how you are and that I
miss you. You did not respond. I also recognize that I can be slow to respond, but I do not
think that I ignore your messages. Sometime in mid-December we talked over the phone
about the living situation topic. I mentioned that Zach and I were considering moving in
together. You became upset and said “Tom, you are not moving in with him.” I also think
you described it as something like a stupid idea, but I do not remember that as clearly as
your forceful statement telling me what to do. You referenced you and Dan, and how you
moved in together after one year and you felt that it was too soon. Your comment startled
and confused me, and I felt something was wrong, but of course, I did not say much because
that is how I operate. I have constantly been the intermediary between all of us but not cared
for or advocated for myself. I wish I could have processed the moment quickly enough and
had the confidence to advocate for myself, because I would have called you-out on that.
Why did you think you could say that? It was controlling, manipulative and you have no
right to tell me how to live. I do not do that to you. Zach and I are not you and Dan. I love
that you think this is any of your business.
In our communications just before the new year, you said some hurtful and passive
aggressive comments, such as “It’s also given me anxiety. I don’t want to talk about it. We
have talk about this for a while and now that Zach is here, you are ditching me.” I was not
ditching you and never intend to. In your response message on Friday, you said that you are
politely declining the invitation to live with Zach and me. We entertained that idea in
December, but when I talked with you in December, you were uninterested, and then your
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 182 of 1373
December, but when I talked with you in December, you were uninterested, and then your
actions throughout the past couple of months showed that. So, to be clear, that was not an
ongoing offer, and we decided a couple months ago that we would rather live together by
ourselves. Zach was willing to live in some way with you, but you were unwilling to do
that. He was open and willing to try, and I was too. You also said: “I am finding out that I
am the only person I can count on and to never assume anything about anyone or anything.”
I am sure that there are many people and experiences that have contributed to you feeling
this way, but I know that this comment includes me. It is a good idea to be careful about
assumptions, but it sounds like you believe you cannot count on anyone else, and that is
hurtful and unhealthy. I have tried to be there for you to the best of my ability for as long as
I can remember.
You and Shawn criticized me during Thanksgiving because I arrived late in the day. I
know that I wanted to be there early to spend the day with you and tried to plan for all of us
to do that, but I also was spending some time with Zach, who feels uncomfortable around
you two, understandably. I also have a difficult time in the morning and evenings, largely
related to my long-term clinical depression, which you have no idea about. Maybe that was
frustrating to you, but why do you think you can speak to me or treat me that way? I do not
treat you that way. As far as I know, I treat you both with kindness and respect and I expect
and deserve the same from you. I feel like I am viewed and treated as the sensitive, fragile,
anxious brother, and I am tired of it.
I don’t know what you really think of our relationship, but we communicate well
with each other and make our own decisions. The fact that I need to write this email seems
messed-up. Zach loves me and I love him, and he wants so much to be friends with all of
you (our immediate family). However, he is resilient and knows when he is wasting his
time. I certainly hope that is not the case here. Is that so hard for you to believe, because this
is my first relationship and I have been your sensitive, fragile, anxious brother?
Just before Shawn’s Birthday Party, I texted you and expressed some concerns. You
responded: “Oh Tom, so serious.” This sarcastic comment invalidated my concerns, and I
felt foolish. However, I am owning it. You are right, I was serious, because this is a serious
topic: it’s about our long-term, valuable and strong sibling relationship. I am angry, and
serious, and I need to tolerate less and teach people how to treat me. I love you and care
about you, and about our relationship.
Tom
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 227 of 1373
> On Jul 10, 2021, at 8:09 PM, Zach Rusk <zachrusk5@gmail.com> wrote:
>
> Feel free to counter with one dollar less to provide consideration as to this
meeting of the minds opportunity but duly note that I’m not interested in
any other counter offer otherwise and would rather the court decide the
matter in that case.
>
>> On Jul 9, 2021, at 7:14 PM, Zach Rusk <zachrusk5@gmail.com> wrote:
>>
>> Jason,
>>
>> I will try this one time with you. But only one time.
>>
>> In exchange for me moving to dismiss with prejudice the active cases I
have against the Roseens, including the slander and libel action, as well as
the small claims action against Tom, in addition to not filling a small claims
court action against Tom as to the promissory note at issue, I demand the
following by Tuesday 5pm of next week:
>>
>> 1. Tom, Cindy and Shawn returning the last page of the Slander and
Libel C&D they were served, signed, dated and notarized.
>> 2. Payment to me in the amount of $1,000 as to the small claims court
action I have again Tom.
>> 3. Payment of me of $1,500 as to the costs incurred to litigate these
cases.
>> 4. Reducing the promissory note amount by $6,500.
>> 5. Designation of a contact for the fulfillment of anything left of the
promissory note coupled with a requirement to be updated on such if ever
changed.
>> 4. Mutual no contact agreement between each of the Roseen family
members and myself.
>> 5. Schedule of sanctions for violations to the mutual no-contact
agreement and the C&D’s served upon the Roseens.
>>
>> Thanks-
>> Zach Rusk
>>
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 195 of 1373
Jason evidently doesn’t know you have everything to show he is advancing a frivolous defense and making false claims and misrepresentions and
so does the court. I have been completely transparent and honest with all of you contrary to him and the roseens as I was ordered to cooperate in the
baseless threatening investigation email I was sent. He knows he is billing the Roseens unessessary for things he brought up irrelevantly and falsely,
and he is not even addressing any of the merits of the case (another lie he made). Lawyers lie through their teeth. You going to let him do that to you
and let him use you like that?
You may care to know that I told the sgt on his call with me the other day that I’m strongly considering filing a complaint with the inspector
general and others given he won’t even order you to do your jobs.
Jason, since the police won’t do anything for me you must know promptly as per attached, to tell your clients Tom and Cindy to STOP
STALKING ME.
<image0.png>
<image1.png>
<image2.png>
3 Mary Roseen: Jul 12, 2020 His name is Zach, and he’s
+16039012064 07:26 AM working on his MBA at USU.
So, once again, Logan shows
up in my life. Interesting.
4 Mary Roseen: Jul 12, 2020 Hi. That’s exciting! Have you
+16039012064 07:39 AM been driving down to Logan?
5 Mary Roseen: Jul 15, 2020 I’m here, not sure what was
+16039012064 11:55 AM happening, but I’m here
16 Mary Roseen: Aug 22, 2020 Hi. I’m spending time with
+16039012064 04:43 PM Shawn and Brian at their new
place. Talk tomorrow?
21 Mary Roseen: Aug 26, 2020 Yeah I’m happy for him. Yes
+16039012064 07:46 PM I’m going to look at flights
tonight just to see
22 Mary Roseen: Aug 26, 2020 They look cheap at first look
+16039012064 07:48 PM
26 Mary Roseen: Sep 08, 2020 Hi. I just read the recent news
+16039012064 07:35 AM about the fire-did you get a
damaging frost?
27 Mary Roseen: Sep 10, 2020 Hi, sorry for the late reply. We
+16039012064 10:26 PM did get a couple nights of
snow and cold temps, but we
were able to save everything
we really cared about. So, it
turned out ok.
30 Mary Roseen: Sep 11, 2020 Hi. Okay great. I’m glad he
+16039012064 05:17 AM talked to you.
32 Mary Roseen: Sep 11, 2020 I’d love to talk to you about it
+16039012064 05:22 AM over the phone
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 314 of 1373
33 Mary Roseen: Sep 12, 2020 Hi, I was going to call today
+16039012064 07:34 PM but it was busy and I’m too
tied now. Talk tomorrow? That
would be nice
38 Mary Roseen: Sep 12, 2020 But bed time. Talk tomorrow
+16039012064 08:19 PM
40 Mary Roseen: Sep 25, 2020 Hi. I’ve been thinking of you all
+16039012064 09:12 PM week. Are you in UT?
41 Mary Roseen: Sep 25, 2020 I’m going to bed, but I love
+16039012064 09:13 PM you and I hope your drive
safely and have a good
weekend.
43 Mary Roseen: Sep 26, 2020 Hi, yes, sorry. I made it late
+16039012064 06:20 PM Thursday night. We’ve had a
really nice time. Zach is
wonderful. Hiking yesterday,
and a hot springs today.
44 Mary Roseen: Sep 26, 2020 Liked “Hi, yes, sorry. I made it
+16039012064 06:20 PM late Thursday night. We’ve
had a really nice time. Zach is
wonderful. Hiking yesterday,
and a hot springs today.”
45 Mary Roseen: Sep 26, 2020 Can you send that to mom
+16039012064 06:20 PM too?
46 Mary Roseen: Sep 26, 2020 I’m glad you made it and
+16039012064 06:20 PM things are good.
72 Mary Roseen: Oct 12, 2020 But I’m also not very informed
+16039012064 10:37 AM
76 Mary Roseen: Nov 02, 2020 Hi, I’m thinking about you. I
+16039012064 10:42 AM spent the weekend in a city
just south of salt lake with
Zach, who was dog watching
for his friends. Maybe you’ve
already heard but long-story-
short he is moving to
Bozeman, so I came down to
get him. It was a fun weekend
and we are just about to leave.
Hope you are well and Talk to
you later
78 Mary Roseen: Nov 02, 2020 No, I didn’t hear that. Have a
+16039012064 12:20 PM good drive.
79 Mary Roseen: Dec 16, 2020 I’m very much on the Zach
+16039012064 01:26 PM Tom team, I also nervous bc
this is your first relationship
and I don’t want you to go
through it thinking things are
“normal”...you’re right, there’s
no normal, which means you
have to checkin with yourself
regularly. that’s all I’m saying.
82 Mary Roseen: Dec 16, 2020 I’m free if you want to talk.
+16039012064 05:25 PM
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 316 of 1373
83 Mary Roseen: Dec 16, 2020 Ok. Is 30min ok?
+16039012064 05:28 PM
85 Mary Roseen: Dec 23, 2020 Hi, did Nana die today 5 years
+16039012064 07:51 AM ago?
90 Mary Roseen: Jan 16, 2021 Yes sounds good. I don’t know
+16039012064 08:03 AM when yet. I’m going to
crosscut soon and I will be in
touch later
92 Mary Roseen: Feb 01, 2021 Hi, yes. Zach and I are looking
+16039012064 08:35 AM for a place together, but it may
take some time to find it.
94 Mary Roseen: Feb 01, 2021 But mom had talked to Cindy
+16039012064 09:56 AM who I guess had been hoping
you’d find a place with her?
96 Mary Roseen: Feb 02, 2021 Yes, she has wanted that for a
+16039012064 03:14 PM while and I have been open to
considering it but never
committed to living with her.
She has mostly stopped
talking to me for the past
month, but I have reached-out
to her a few times.
102 Mary Roseen: Feb 02, 2021 I also wonder if this isn’t only
+16039012064 04:43 PM about housing? But rather the
housing issue is the last straw
so to speak? Might she be
frustrated by a number of
things?
103 Mary Roseen: Feb 02, 2021 And, you and Zach are moving
+16039012064 04:43 PM quickly. You can’t deny that.
104 Mary Roseen: Feb 02, 2021 I’m not suggesting you move
+16039012064 04:44 PM in with Cindy-I imagine that
would be a triggering
experience for you, nor am I
trying to talk you out of moving
in with Zach, just that there are
many sides here.
105 Mary Roseen: Feb 16, 2021 Shawn said you skied with him
+16039012064 04:06 PM yesterday? What happened
with Brian?
108 Mary Roseen: Feb 16, 2021 Hi, I’m sorry. Busy day.
+16039012064 08:07 PM Unfortunately He broke his leg
111 Mary Roseen: Feb 16, 2021 But we should talk soon.
+16039012064 08:09 PM
112 Mary Roseen: Feb 17, 2021 Liked “ But we should talk
+16039012064 12:55 PM soon. ”
113 Mary Roseen: Feb 28, 2021 We still haven’t found a time
+16039012064 07:12 PM
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 318 of 1373
114 Mary Roseen: Feb 28, 2021 Hi, I know. I was thinking
+16039012064 07:35 PM about I’m you today but ended
up taking wi to Mom and Dad
for a while. It was good. Do
you want to talk this week or
next weekend?
115 Mary Roseen: Feb 28, 2021 Oh good. I’m glad you talked
+16039012064 08:02 PM with them
116 Mary Roseen: Feb 28, 2021 Probably not this week. It’s
+16039012064 08:02 PM hard to find a time these days
117 Mary Roseen: Feb 28, 2021 But the weekend is looking
+16039012064 08:03 PM wide open
118 Mary Roseen: Feb 28, 2021 Sounds good. Let’s plan
+16039012064 09:19 PM tentatively for Sunday
119 Mary Roseen: Mar 01, 2021 Tom, this is not okay.
+16039012064 03:42 AM
120 Mary Roseen: Mar 01, 2021 You are an adult with your
+16039012064 03:42 AM own relationships to tend to. Y
121 Mary Roseen: Mar 01, 2021 And sure. Sunday sounds fine.
+16039012064 03:43 AM
123 Mary Roseen: Mar 01, 2021 You aren’t going to talk to us?
+16039012064 08:30 AM
124 Mary Roseen: Mar 01, 2021 You are isolating yourself
+16039012064 08:30 AM
125 Mary Roseen: Mar 01, 2021 From people you’ve know for
+16039012064 08:30 AM 30 yrs. not 9 months.
130 Mary Roseen: Mar 01, 2021 We are on the way and I’m
+16039012064 09:57 AM loosing service soon. I will
respond later
131 Mary Roseen: Mar 01, 2021 Mom is filling in details for me.
+16039012064 09:57 AM I reacted to Zach’s text the
way I did Bc I believed it was
in response to my text you
about talking.
134 Mary Roseen: Mar 01, 2021 You’re right that I haven’t
+16039012064 05:57 PM made much of an effort to
connect with you, and I’m
sorry. It sounds to me like you
are trying to be objective and I
appreciate that. Can we plan
to talk tomorrow evening?
135 Mary Roseen: Mar 01, 2021 We had a good day. It was
+16039012064 05:58 PM beautiful. I skied and Zach
snowshoed.
138 Mary Roseen: Mar 01, 2021 Yes tomorrow evening should
+16039012064 07:00 PM work.
139 Mary Roseen: Mar 01, 2021 Liked “Yes tomorrow evening
+16039012064 08:21 PM should work.”
140 Mary Roseen: Mar 02, 2021 Hi, did you say that 8 Est was
+16039012064 10:25 AM too late? That would be good
for me
143 Mary Roseen: Mar 02, 2021 Good. I also want to clarify
+16039012064 10:46 AM that yesterday morning I did
say to Zach that we need to
stop talking to everyone for a
while because I was
overwhelmed, annoyed, and
often I think that less input can
help the dust settle. However,
I realized what I really meant
is that I will talk with all of you
but it’s best that Zach does not
or has very limited contact for
now.
144 Mary Roseen: Mar 02, 2021 Yes. I agree. Tom, Zach is a
+16039012064 10:51 AM stranger to me and you should
be the one facilitating
introductions to his family. He
shouldn’t be left alone to do
that. And, his communication,
although kind, doesn’t have
the same Impact as his
intention. His intentions are
good, but it’s impact is odd,
and since we hardly hear from
you, it’s causing tension.
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 321 of 1373
145 Mary Roseen: Mar 02, 2021 So, I’m glad you’re realizing
+16039012064 10:51 AM this.
149 Mary Roseen: Mar 02, 2021 And everyone wants to see
+16039012064 07:46 PM you happy and thriving.
151 Mary Roseen: Mar 02, 2021 And, for the record, from what
+16039012064 07:57 PM you’ve said, the ways that
Zach is helping you are ways
I’d want to help you too. So
that earns Zach some points in
my book.
152 Mary Roseen: Mar 02, 2021 Before I left Fryeburg one of
+16039012064 08:02 PM my
Favorite teacher friends who
was probably 15 yrs older than
me said that she remembered
her late 20s and early 30s
being really rocky. It stuck with
me Bc it was true and I think
the same might the case for
you. I feel like you’re in this
giant journey of self-
acceptance that is difficult and
painful and lonely. I’m glad
you have Zach to help you
through it, but, again, you
need a village.
154 Mary Roseen: Mar 05, 2021 Please stop texting that to me.
+16039012064 07:23 PM It’s sarcastic and annoying.
I’ve had a lot of tough
conversations this week and
received a lot of information
but I have had no time to
process. I will respond when I
am ready. I have a ski race
tomorrow.
159 Mary Roseen: Mar 05, 2021 (And for the record, your
+16039012064 07:30 PM silence is annoying and could
be interpreted as passive
aggressive. i try not to think
that way, but in the spirit of
communication, I figure you
should know how your
behavior can be perceived.)
160 Mary Roseen: Mar 05, 2021 Thank you for the good luck. I
+16039012064 08:15 PM am not done with this but I do
not have the time or energy to
respond.
164 Mary Roseen: Mar 20, 2021 Hi, call later. I’m eating
+16039012064 07:06 PM
167 Mary Roseen: Mar 20, 2021 Ok. Maybe we can catch up
+16039012064 08:40 PM tomorrow. Sleep well
172 Mary Roseen: Mar 30, 2021 1 by 1 you are losing your
+16039012064 01:22 PM family. Is that what you want?
173 Mary Roseen: Mar 30, 2021 No, Mary. I have meant to
+16039012064 02:22 PM respond to you, but I have
needed some space. And yes,
sometimes I get irritated
because of the way you talk to
me. I am talking to Mom and
Dad tonight.
174 Mary Roseen: Mar 30, 2021 Tom, you’re not the only one
+16039012064 03:06 PM around here with feelings. And
we all love you and are
worried. Happy birthday eve.
175 Mary Roseen: Mar 30, 2021 Also, I do not believe my texts
+16039012064 03:18 PM from a week ago were
anything but supportive. I’m
not going to talk to you about
this anymore, but when you
want to talk I’m here.
177 Mary Roseen: Mar 31, 2021 Thank you, and thank you for
+16039012064 10:06 AM the card. I love it. I will open
your gift tonight
This is what I wrote in response during that weekend/week of the 20th. We have talked about
or addressed some of this since then, I think even during the week of the 21st, so I have felt
since then that maybe I need to rework it to account for the changes. However, now I want to
send this to show you my thought process at the time.
Standout topics to work on:
Like I mentioned, I want to work on improving my communication, including being open to
sharing more information and advocating more for myself. I know that I am improving, and
I even sense that in the past week, such as being more confident, even in the tough time.
I want to improve my ability to follow my nature and truly take the time and space I need to
process. Throughout my life I learned that I was too slow, my speed was unacceptable, and
that I need to make decisions quicker because that is what society values and needs.
Therefore, I developed a habit of expediting my decision-making process to bring myself to
the level of society. For example, I will still find myself making a decision at work, and
thinking “wait, why did I say that? Is that true?” and if it’s not, then I have to redirect my
coworkers, or myself. This has not happened with critical things on the farm, and has not
resulted in terrible mistakes, but I realize it can be annoying for my coworkers and I need to
follow my nature. I am embarrassed but I know it has happened with us, and I am sorry for
that because I know it has caused some pain. I know this may be alarming to you. I am
being vulnerable right now and telling you that I recognize it, and I am working on it, with
myself and in therapy. I am good enough and there is nothing wrong with my deliberate
process. In fact, it is a strength. The other night you recognized how much I have changed in
the past year, and in the past nine months, and said that I am not slow. I appreciate that and
thank you.
Recognize and vocalize when I feel pressured to respond or make a decision.
Improving positivity in my life. One step I have already taken is that I subscribed to the I
Am app, and it has already been helpful. I get a three-day free trial, but I am sold.
I want to find ways to decrease my alcohol intake. I will soon begin working full time, and
if we can establish healthy routines, I think that will help significantly.
Use my phone to be more organized and set reminders, such as the appropriate advance time
to call for med refills.
Go to bed at a consistent, early time.
Try not to raise my voice when I feel triggered or upset.
“I do sometimes ask for the time I need and then find myself slipping into avoidance, often
unintentionally. I say I need more time, but then sometimes I don’t necessarily use it to
address a topic. I am working on this.” Maybe I can use my phone to help?
Thinking errors...say more
Case 2:22-cv-00024-DLC Document 52-1 Filed 07/21/22 Page 47 of 1373
I would really like to find a healthy way to move forward, and like you have mentioned about yourself, I too have some standout
topics to work on. I believe that involves some amount of time and space, and therapy for each of us.
> On Mar 20, 2021, at 7:44 AM, Zach Rusk <zachrusk5@gmail.com> wrote:
>
> If helpful, the last four pages of our most recent texts are attached. These commence from just moments prior to your call
to me the first time yesterday, This may help Greg help you best, when coupled with my journal entry from yesterday, which
is also attached (the full journal entry in one pdf, this time). And our call records from yesterday, as well. (Provided snippets
of the journal entries to you intermittently between your three calls to me yesterday). Plus ideas (written to you this morning
via email) on how to possibly approach the most important topic to you, as you communicated, from our last call last night.
>
> <TextMsgs_Tom_Roseen_2021_0320_07_29 copy.pdf>
> <Zach Full March 19th 2021 Journal Entry PDF.pdf>
> <IMG_0279.PNG>
>
>
>
> <How to improve partners relationship with their siblings .pdf>
> <7 Helpful Ways To Actually Get Along Better With Your Partners Parents.pdf>
> <How to Help Your Partner Feel Comfortable With Your Family.pdf>
>
>
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 78 of 78
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 39 of 78
This is what I wrote in response during that weekend/week of the 20th. We have talked about
or addressed some of this since then, I think even during the week of the 21st, so I have felt
since then that maybe I need to rework it to account for the changes. However, now I want to
send this to show you my thought process at the time.
Standout topics to work on:
Improving positivity in my life. One step I have already taken is that I subscribed to the I
Am app, and it has already been helpful. I get a three-day free trial, but I am sold.
I want to find ways to decrease my alcohol intake. I will soon begin working full time, and
if we can establish healthy routines, I think that will help significantly.
Use my phone to be more organized and set reminders, such as the appropriate advance time
to call for med refills.
I would really like to find a healthy way to move forward, and like you have mentioned about yourself, I too have some standout
topics to work on. I believe that involves some amount of time and space, and therapy for each of us.
> On Mar 20, 2021, at 7:44 AM, Zach Rusk <zachrusk5@gmail.com> wrote:
>
> If helpful, the last four pages of our most recent texts are attached. These commence from just moments prior to your call
to me the first time yesterday, This may help Greg help you best, when coupled with my journal entry from yesterday, which
is also attached (the full journal entry in one pdf, this time). And our call records from yesterday, as well. (Provided snippets
of the journal entries to you intermittently between your three calls to me yesterday). Plus ideas (written to you this morning
via email) on how to possibly approach the most important topic to you, as you communicated, from our last call last night.
>
> <TextMsgs_Tom_Roseen_2021_0320_07_29 copy.pdf>
> <Zach Full March 19th 2021 Journal Entry PDF.pdf>
> <IMG_0279.PNG>
>
>
>
> <How to improve partners relationship with their siblings .pdf>
> <7 Helpful Ways To Actually Get Along Better With Your Partners Parents.pdf>
> <How to Help Your Partner Feel Comfortable With Your Family.pdf>
>
>
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 29 of 78
The cost of my Vyvanse is not just $300. It’s the opportunity cost of paying the deductible
so that my policy can pay for thousands if I have a medical emergency.
You are trying to help me recognize and correct my thinking errors.
You have focused on me so much recently because you love me so much that you have not
addressed some of the personal business that you would normally address immediately. This
is one example of your cognitive dissonance.
You said: “I’m glad you put your phone on silent.”
You referenced your own medical expenses which would be less than the full cost of my
Vyvanse.
The point of this email was to help me organize my thoughts and prepare for tomorrow, not
to provide something for you to read.
“This took too long, Tom, again.”
times and you have found a lot of red flags. For me, challenging, stressful, exhausting, and
overwhelming. I only mention these dissatisfying aspects to provide reason that I could
have bailed many times, but I am still by your side. What does that say about me? It has
also been beautiful and positively life changing, and more.
You said that you are going to tell it how it is “finally,” and push me. Please
remember that I have been pushed and dragged through school and other parts of life since
I was a kid because I did not fit into everyone else’s pace of life. It was traumatic for me
and I am sensitive to ideas about someone pushing me to do something. I am not opposed
if I know the person loves me, is well intended, and empowers me, but it is still a delicate
topic. For example, you used the metaphor of “only dipping my feet in the water.” I
understand what you mean when you say this, but it immediately pulled a memory that I
have of my Mom essentially forcing me to jump in the deep water at the end of the dock at
our town’s beach, because I was scared and not ready at the same time as others in my
swimming class. She brought me there one evening after dinner and I sat on the dock in
agony trying to figure out what to do. She said: “we are not leaving until you jump in the
water.” I realize she was well intended, and sometimes I think: “why was this so difficult
for me- your Mom made you jump in some deep water. Big deal.” However, I often
question if she learned when to stop pushing me, when too far was too far. It feels to me
that she did not know, and I was incapable of effectively communicating that.
You also use a lot of language that is upsetting, and possibly distancing, such as
“liability,” “threat,” “egregious,” “protect myself,” etc. I understand your meaning and
accept it, but I am uncomfortable about your language choice. Again, I know that you are
very experienced and knowledgeable in law, and that impresses me and I want to learn
more, but sometimes I feel like there is less distance between our relationship and your
lawsuits. Our relationship is loving, caring, honest… and when I think of lawyers,
lawsuits, and the judicial system, the words that come to my mind are cold, strict,
objective, tiresome, devoid of feeling, and more. That is not our relationship.
You commented on my illogical or hypocritical approach to you seeing other
people- I want you for myself but don’t want to commit to you. I am not oblivious to this
characteristic. I also felt similarly with Emilie and I recognized it and questioned it. We
were close in college but when I saw her hanging out with other guys, I became upset,
although I never expressed it. I knew that I was not ready to date her, because I was
physically unattracted to her and because of other many unresolved personal issues, yet I
did not want her to see other people. When we graduated and she began to date another
guy, I was angry and resentful of him. I felt like she belonged to me, but I was incapable of
having a relationship with her. I recognized that this was hypocritical, and I never acted
on this feeling, but I questioned it. So, I have picked up on this thinking pattern in myself,
and I am trying to work through it, but I did not communicate it to you.
Other topics, questions, and excerpts I wanted to/am addressing. Some of these questions
may seem crazy to you, but I wrote them to ask myself and make sure that I am answering
them for myself and speaking my truth.
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 31 of 78
Do I defend my oppressors? Are my siblings oppressing me? What power do I give them?
“Don’t make the person YOU hurt feel bad for being hurt.”
You claim that my siblings were driving a wedge between us as early as last fall. Mary
said they forgave the promise wring incident- which says to me that they saw it as doing
something wrong. Maybe it was quick, but was it wrong?
I did not realize how serious my family situation is, and maybe I was caught in a view that
things would be fine and that my family would welcome you. I suppose that was naïve, or
idealistic.
Are my siblings jealous of us?
What do you mean when you say that I benched you? Put you on the sidelines?
I feel a lot of pressure to respond “the right way” because you are concerned about my
family threatening you and everything you have worked towards for the last 10 years. This
is difficult for me and leads me to start questioning my process: “Have I thought about this
enough? Is this really how I feel? Maybe I feel this way right now, but it may change
later….”
You sense that I am not committed 100% like you are.
“Please show me that you are serious about trying.”
I fell in love with you again on our ski day at Bridger- with the car and when we got home
and you wanted pretzels and cheese, but I was out.
Discussion points for the meeting with Greg:
“It’s not couples counseling. It’s facilitating a conversation to help me explain myself to
you. This is part of my therapy.”
-In October when Cindy was helping me figure out how to help Zach, I was
procrastinating about telling Shawn, and I said “…I’ll be honest, it’s difficult talking to all
of you, our family, about this stuff. I guess I’m afraid.” Cindy replied: “Just explain. Are
you afraid that we’re all going to say it’s too soon, etc?” I said that I was not sure what the
fear was.
-I am really struggling to see how my family is treating me so poorly. I feel like something
is wrong, but I am unsure if I know entirely what is wrong. I see how Cindy has treated
me poorly, but Mary and Shawn are more confusing. I keep returning to the same theme
that they are disrespecting my agency, but is that it? Is that the problem, or is there more
that I am missing? They are projecting their concerns onto me and appear not to trust me?
Again, I feel that I have not questioned their relationships to the same extent that they are
questioning mine.
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 32 of 78
questioning mine.
-My feelings of inadequacy
-My trouble accepting Zach’s need to have sexual contact with other people- Do I feel
envious or jealous? Do I take it as being inadequate? I think some of it comes from feeling
left out
-Do I receive some pleasure from emotional self-abuse?
-How do we help them help us?
Case 2:22-cv-00024-DLC Document 45-1 Filed 07/05/22 Page 1 of 78
1128 Shawn Roseen: Mar 06, 2021 "I am mentally ill"
+16035818972 11:46 AM
1131 Mary Roseen: Mar 08, 2021 Tom, how did the race go?
+16039012064 02:43 PM
1134 group Mar 15, 2021 Zach and I broke up early this
01:31 PM morning. I met with Greg for
two hours today. I am
exhausted and numb, but ok
for the moment. I know you
will all want to talk but I cannot
talk with all of you right now
because I am so tired.
1135 Kathy Roseen: Mar 15, 2021 Oh Tom! Thank you for
+16033033371 01:35 PM sharing this. It must have been
very difficult & I’m so glad you
had Greg to help you through
this.
We are all here for you as you
know & will help in any way we
can when you are ready. This
is always hard, but you will get
through it. Call anytime
1136 Mary Roseen: Mar 15, 2021 Yes. What mom said.
+16039012064 01:36 PM
1138 Kathy Roseen: Mar 26, 2021 Thunder storm in T’boro & lots
+16033033371 03:04 PM of rain
1141 Mary Roseen: Mar 31, 2021 Take some to address it with
+16039012064 12:52 PM us? Or with him?
1145 group Apr 06, 2021 Hi, Zach is excited about some
07:35 PM of my winter projects and
wanted to share it with you
because he knows I may not
for a while. I understand this
may feel uncomfortable
because you haven’t heard
from me in a bit, but I am in
the process of writing to you
because that is an easier way
for me to communicate. So,
I’m not ignoring you.
1148 Mary Roseen: Apr 06, 2021 Tom, he’s does some
+16039012064 07:37 PM damage.
1151 Cindy Roseen: Apr 06, 2021 Does he think that everything
+16032448055 07:39 PM is back to normal now? Does
he think he can just smooth
things over? He’s burned all
bridges. I’m absolutely done
with him.
1152 Mary Roseen: Apr 06, 2021 But yes, your projects are
+16039012064 07:39 PM cool.
1153 group Apr 06, 2021 No, he does not think that.
07:39 PM And I don’t either
1155 Mary Roseen: Apr 06, 2021 I literally just ordered the book
+16039012064 07:40 PM velvet rage. It was
recommended to me by a
friend.
1156 Mary Roseen: Apr 06, 2021 That’s the only way I can
+16039012064 07:41 PM make sense of any of this.
1157 Mary Roseen: Apr 06, 2021 Any of this = the situation we
+16039012064 07:41 PM find ourselves in.
1158 Mary Roseen: Apr 06, 2021 The situation being you aren’t
+16039012064 07:50 PM talking to us and are in what
appears to be an extremely
manipulative relationship.
1159 Mary Roseen: Apr 06, 2021 And now I’m sure I’ve just
+16039012064 07:51 PM made it worse. But when
you’re ready to talk, we’re
here.
1160 Mary Roseen: Apr 06, 2021 And Tom, if Zach wants to
+16039012064 08:08 PM make amends, he should
consider apologizing.
Especially to Cindy. And I’d
love to see your projects,
especially if you share them
with me. They are yours to
share.
1161 Kathy Roseen: Apr 06, 2021 Thank you for being in touch
+16033033371 08:08 PM Tom. We all have concerns
about you not connecting with
us for lengths of time; we are
concerned about you being
swayed away from us; we are
concerned about the way Zach
has reacted against you & the
others; but I also know you are
now 30 & I for one have to let
go & trust that you are on a
safe path, despite our
concerns. And right now what I
want more than anything is to
have everyone call a truce.....
acknowledge that stuff in the
recent past is yucky, & that it
won’t change because
everyone is so hurt & angry,
but to move forward & fix the
relationships with your sisters
& brother. That’s the most
important thing to me & dad
right now. And all he & I can
do is hope that you have made
a good choice that is safe,
even in times of stress when
behaviors can escalate. That,
& you not being in touch, are
our biggest concerns.
1162 Kathy Roseen: Apr 06, 2021 And I agree with Mary that
+16033033371 08:39 PM Cindy deserves an apology.
She was deeply affected & his
intent was to cause severe &
costly harm & consequences
for her by making up stories &
“reporting “ her. That is just
unbelievable to me & it has to
be addressed.
348 Shawn Roseen: Feb 06, 2021 I'm good. Working a ton
+16035818972 01:35 PM currently
349 Shawn Roseen: Feb 06, 2021 Hopefully the weather holds
+16035818972 01:35 PM off for next weekend
350 Shawn Roseen: Feb 13, 2021 Trying to get to sky and
+16035818972 11:28 AM Trisha's by 5
351 Shawn Roseen: Feb 13, 2021 Did you bring a shirt(s) for
+16035818972 04:47 PM Zach?
352 Shawn Roseen: Feb 13, 2021 I haven't left yet but I will
+16035818972 04:47 PM
353 Shawn Roseen: Feb 13, 2021 You want multiple shirts?
+16035818972 04:47 PM
354 Shawn Roseen: Feb 13, 2021 Ok thanks no just one you to
+16035818972 04:49 PM think he might like
358 Shawn Roseen: Feb 13, 2021 Yeah. I'll be there in a few
+16035818972 05:19 PM
360 Shawn Roseen: Feb 14, 2021 Hi, ok. Feeling better now.
+16035818972 01:55 PM You?
361 Shawn Roseen: Feb 14, 2021 I'm good. Definitely slow
+16035818972 01:58 PM
362 Shawn Roseen: Feb 14, 2021 You guys are still skiing
+16035818972 06:04 PM tomorrow?
363 Shawn Roseen: Feb 14, 2021 I just want to make sure I
+16035818972 07:49 PM clarify. I’m not sure why you
assumed Zach gave that
edible to me, but just for the
record he did not give me an
edible. It was Peter.
364 Shawn Roseen: Feb 14, 2021 Yeah I know now. Because
+16035818972 07:49 PM Zach had talked about you
hitting the bong earlier that
night haha
367 Shawn Roseen: Feb 14, 2021 Earlier in the night he jokingly
+16035818972 07:59 PM mentioned you and the bong. I
know you haven't had much of
any experience with weed. I
knew they were available but I
can't have weed because I
could be drug tested
368 Shawn Roseen: Feb 14, 2021 Thanks for your response.
+16035818972 09:44 PM Over Thanksgiving, you and
Cindy told Zach and I about
going to the yurt a week or two
after the holidays and said
you’d be doing psilocybin.
Wouldn’t that be part of your
drug testing? We did not go,
because I was worried about
COVID, and I was. You two
invited us but we decided not
to go. Prior to that, I told Zach
that when I tried psilocybin
with you, Cindy and Dan, I
passed out and woke up to
Cindy yelling at me. This
worried Zach, and he
discouraged me from going
because he worried for my
health and safety (I also did
not want to go). I’m concerned
about Zach being blamed for
last night because he is not
like that.
369 Shawn Roseen: Feb 15, 2021 Hi, Happy Birthday Shawn!
+16035818972 08:45 AM
371 Shawn Roseen: Feb 15, 2021 Hi, we’re leaving now. Sorry
+16035818972 09:24 AM
372 Shawn Roseen: Feb 15, 2021 All good. They had to stop for
+16035818972 09:25 AM coffee so we're on the same
page
375 Shawn Roseen: Feb 15, 2021 Yeah I saw you. We just
+16035818972 09:55 AM parked in commuter. Meet in
jbl face shots bar
3 Mary Roseen: Jul 12, 2020 His name is Zach, and he’s
+16039012064 07:26 AM working on his MBA at USU.
So, once again, Logan shows
up in my life. Interesting.
4 Mary Roseen: Jul 12, 2020 Hi. That’s exciting! Have you
+16039012064 07:39 AM been driving down to Logan?
5 Mary Roseen: Jul 15, 2020 I’m here, not sure what was
+16039012064 11:55 AM happening, but I’m here
16 Mary Roseen: Aug 22, 2020 Hi. I’m spending time with
+16039012064 04:43 PM Shawn and Brian at their new
place. Talk tomorrow?
21 Mary Roseen: Aug 26, 2020 Yeah I’m happy for him. Yes
+16039012064 07:46 PM I’m going to look at flights
tonight just to see
22 Mary Roseen: Aug 26, 2020 They look cheap at first look
+16039012064 07:48 PM
26 Mary Roseen: Sep 08, 2020 Hi. I just read the recent news
+16039012064 07:35 AM about the fire-did you get a
damaging frost?
27 Mary Roseen: Sep 10, 2020 Hi, sorry for the late reply. We
+16039012064 10:26 PM did get a couple nights of
snow and cold temps, but we
were able to save everything
we really cared about. So, it
turned out ok.
30 Mary Roseen: Sep 11, 2020 Hi. Okay great. I’m glad he
+16039012064 05:17 AM talked to you.
32 Mary Roseen: Sep 11, 2020 I’d love to talk to you about it
+16039012064 05:22 AM over the phone
33 Mary Roseen: Sep 12, 2020 Hi, I was going to call today
+16039012064 07:34 PM but it was busy and I’m too
tied now. Talk tomorrow? That
would be nice
38 Mary Roseen: Sep 12, 2020 But bed time. Talk tomorrow
+16039012064 08:19 PM
40 Mary Roseen: Sep 25, 2020 Hi. I’ve been thinking of you all
+16039012064 09:12 PM week. Are you in UT?
41 Mary Roseen: Sep 25, 2020 I’m going to bed, but I love
+16039012064 09:13 PM you and I hope your drive
safely and have a good
weekend.
43 Mary Roseen: Sep 26, 2020 Hi, yes, sorry. I made it late
+16039012064 06:20 PM Thursday night. We’ve had a
really nice time. Zach is
wonderful. Hiking yesterday,
and a hot springs today.
44 Mary Roseen: Sep 26, 2020 Liked “Hi, yes, sorry. I made it
+16039012064 06:20 PM late Thursday night. We’ve
had a really nice time. Zach is
wonderful. Hiking yesterday,
and a hot springs today.”
45 Mary Roseen: Sep 26, 2020 Can you send that to mom
+16039012064 06:20 PM too?
46 Mary Roseen: Sep 26, 2020 I’m glad you made it and
+16039012064 06:20 PM things are good.
72 Mary Roseen: Oct 12, 2020 But I’m also not very informed
+16039012064 10:37 AM
76 Mary Roseen: Nov 02, 2020 Hi, I’m thinking about you. I
+16039012064 10:42 AM spent the weekend in a city
just south of salt lake with
Zach, who was dog watching
for his friends. Maybe you’ve
already heard but long-story-
short he is moving to
Bozeman, so I came down to
get him. It was a fun weekend
and we are just about to leave.
Hope you are well and Talk to
you later
78 Mary Roseen: Nov 02, 2020 No, I didn’t hear that. Have a
+16039012064 12:20 PM good drive.
79 Mary Roseen: Dec 16, 2020 I’m very much on the Zach
+16039012064 01:26 PM Tom team, I also nervous bc
this is your first relationship
and I don’t want you to go
through it thinking things are
“normal”...you’re right, there’s
no normal, which means you
have to checkin with yourself
regularly. that’s all I’m saying.
82 Mary Roseen: Dec 16, 2020 I’m free if you want to talk.
+16039012064 05:25 PM
83 Mary Roseen: Dec 16, 2020 Ok. Is 30min ok?
+16039012064 05:28 PM
85 Mary Roseen: Dec 23, 2020 Hi, did Nana die today 5 years
+16039012064 07:51 AM ago?
90 Mary Roseen: Jan 16, 2021 Yes sounds good. I don’t know
+16039012064 08:03 AM when yet. I’m going to
crosscut soon and I will be in
touch later
92 Mary Roseen: Feb 01, 2021 Hi, yes. Zach and I are looking
+16039012064 08:35 AM for a place together, but it may
take some time to find it.
94 Mary Roseen: Feb 01, 2021 But mom had talked to Cindy
+16039012064 09:56 AM who I guess had been hoping
you’d find a place with her?
96 Mary Roseen: Feb 02, 2021 Yes, she has wanted that for a
+16039012064 03:14 PM while and I have been open to
considering it but never
committed to living with her.
She has mostly stopped
talking to me for the past
month, but I have reached-out
to her a few times.
102 Mary Roseen: Feb 02, 2021 I also wonder if this isn’t only
+16039012064 04:43 PM about housing? But rather the
housing issue is the last straw
so to speak? Might she be
frustrated by a number of
things?
103 Mary Roseen: Feb 02, 2021 And, you and Zach are moving
+16039012064 04:43 PM quickly. You can’t deny that.
104 Mary Roseen: Feb 02, 2021 I’m not suggesting you move
+16039012064 04:44 PM in with Cindy-I imagine that
would be a triggering
experience for you, nor am I
trying to talk you out of moving
in with Zach, just that there are
many sides here.
105 Mary Roseen: Feb 16, 2021 Shawn said you skied with him
+16039012064 04:06 PM yesterday? What happened
with Brian?
108 Mary Roseen: Feb 16, 2021 Hi, I’m sorry. Busy day.
+16039012064 08:07 PM Unfortunately He broke his leg
111 Mary Roseen: Feb 16, 2021 But we should talk soon.
+16039012064 08:09 PM
112 Mary Roseen: Feb 17, 2021 Liked “ But we should talk
+16039012064 12:55 PM soon. ”
113 Mary Roseen: Feb 28, 2021 We still haven’t found a time
+16039012064 07:12 PM
114 Mary Roseen: Feb 28, 2021 Hi, I know. I was thinking
+16039012064 07:35 PM about I’m you today but ended
up taking wi to Mom and Dad
for a while. It was good. Do
you want to talk this week or
next weekend?
115 Mary Roseen: Feb 28, 2021 Oh good. I’m glad you talked
+16039012064 08:02 PM with them
116 Mary Roseen: Feb 28, 2021 Probably not this week. It’s
+16039012064 08:02 PM hard to find a time these days
117 Mary Roseen: Feb 28, 2021 But the weekend is looking
+16039012064 08:03 PM wide open
118 Mary Roseen: Feb 28, 2021 Sounds good. Let’s plan
+16039012064 09:19 PM tentatively for Sunday
119 Mary Roseen: Mar 01, 2021 Tom, this is not okay.
+16039012064 03:42 AM
120 Mary Roseen: Mar 01, 2021 You are an adult with your
+16039012064 03:42 AM own relationships to tend to. Y
121 Mary Roseen: Mar 01, 2021 And sure. Sunday sounds fine.
+16039012064 03:43 AM
123 Mary Roseen: Mar 01, 2021 You aren’t going to talk to us?
+16039012064 08:30 AM
124 Mary Roseen: Mar 01, 2021 You are isolating yourself
+16039012064 08:30 AM
125 Mary Roseen: Mar 01, 2021 From people you’ve know for
+16039012064 08:30 AM 30 yrs. not 9 months.
130 Mary Roseen: Mar 01, 2021 We are on the way and I’m
+16039012064 09:57 AM loosing service soon. I will
respond later
131 Mary Roseen: Mar 01, 2021 Mom is filling in details for me.
+16039012064 09:57 AM I reacted to Zach’s text the
way I did Bc I believed it was
in response to my text you
about talking.
134 Mary Roseen: Mar 01, 2021 You’re right that I haven’t
+16039012064 05:57 PM made much of an effort to
connect with you, and I’m
sorry. It sounds to me like you
are trying to be objective and I
appreciate that. Can we plan
to talk tomorrow evening?
135 Mary Roseen: Mar 01, 2021 We had a good day. It was
+16039012064 05:58 PM beautiful. I skied and Zach
snowshoed.
138 Mary Roseen: Mar 01, 2021 Yes tomorrow evening should
+16039012064 07:00 PM work.
139 Mary Roseen: Mar 01, 2021 Liked “Yes tomorrow evening
+16039012064 08:21 PM should work.”
140 Mary Roseen: Mar 02, 2021 Hi, did you say that 8 Est was
+16039012064 10:25 AM too late? That would be good
for me
143 Mary Roseen: Mar 02, 2021 Good. I also want to clarify
+16039012064 10:46 AM that yesterday morning I did
say to Zach that we need to
stop talking to everyone for a
while because I was
overwhelmed, annoyed, and
often I think that less input can
help the dust settle. However,
I realized what I really meant
is that I will talk with all of you
but it’s best that Zach does not
or has very limited contact for
now.
144 Mary Roseen: Mar 02, 2021 Yes. I agree. Tom, Zach is a
+16039012064 10:51 AM stranger to me and you should
be the one facilitating
introductions to his family. He
shouldn’t be left alone to do
that. And, his communication,
although kind, doesn’t have
the same Impact as his
intention. His intentions are
good, but it’s impact is odd,
and since we hardly hear from
you, it’s causing tension.
145 Mary Roseen: Mar 02, 2021 So, I’m glad you’re realizing
+16039012064 10:51 AM this.
149 Mary Roseen: Mar 02, 2021 And everyone wants to see
+16039012064 07:46 PM you happy and thriving.
151 Mary Roseen: Mar 02, 2021 And, for the record, from what
+16039012064 07:57 PM you’ve said, the ways that
Zach is helping you are ways
I’d want to help you too. So
that earns Zach some points in
my book.
I am open minded but I also
reserve the right to be careful
and cautious.
152 Mary Roseen: Mar 02, 2021 Before I left Fryeburg one of
+16039012064 08:02 PM my
Favorite teacher friends who
was probably 15 yrs older than
me said that she remembered
her late 20s and early 30s
being really rocky. It stuck with
me Bc it was true and I think
the same might the case for
you. I feel like you’re in this
giant journey of self-
acceptance that is difficult and
painful and lonely. I’m glad
you have Zach to help you
through it, but, again, you
need a village.
154 Mary Roseen: Mar 05, 2021 Please stop texting that to me.
+16039012064 07:23 PM It’s sarcastic and annoying.
I’ve had a lot of tough
conversations this week and
received a lot of information
but I have had no time to
process. I will respond when I
am ready. I have a ski race
tomorrow.
159 Mary Roseen: Mar 05, 2021 (And for the record, your
+16039012064 07:30 PM silence is annoying and could
be interpreted as passive
aggressive. i try not to think
that way, but in the spirit of
communication, I figure you
should know how your
behavior can be perceived.)
160 Mary Roseen: Mar 05, 2021 Thank you for the good luck. I
+16039012064 08:15 PM am not done with this but I do
not have the time or energy to
respond.
164 Mary Roseen: Mar 20, 2021 Hi, call later. I’m eating
+16039012064 07:06 PM
167 Mary Roseen: Mar 20, 2021 Ok. Maybe we can catch up
+16039012064 08:40 PM tomorrow. Sleep well
172 Mary Roseen: Mar 30, 2021 1 by 1 you are losing your
+16039012064 01:22 PM family. Is that what you want?
173 Mary Roseen: Mar 30, 2021 No, Mary. I have meant to
+16039012064 02:22 PM respond to you, but I have
needed some space. And yes,
sometimes I get irritated
because of the way you talk to
me. I am talking to Mom and
Dad tonight.
174 Mary Roseen: Mar 30, 2021 Tom, you’re not the only one
+16039012064 03:06 PM around here with feelings. And
we all love you and are
worried. Happy birthday eve.
175 Mary Roseen: Mar 30, 2021 Also, I do not believe my texts
+16039012064 03:18 PM from a week ago were
anything but supportive. I’m
not going to talk to you about
this anymore, but when you
want to talk I’m here.
177 Mary Roseen: Mar 31, 2021 Thank you, and thank you for
+16039012064 10:06 AM the card. I love it. I will open
your gift tonight
398 Cindy Roseen: Dec 22, 2020 Ok, I’m sorry. On the way
+16032448055 04:49 PM
399 Cindy Roseen: Dec 25, 2020 We’re hoping to zoom at noon.
+16032448055 10:55 AM
400 Cindy Roseen: Dec 25, 2020 Ok. We can probably be there
+16032448055 10:58 AM by 11:30... sorry
403 Cindy Roseen: Dec 31, 2020 Are we still on the same page
+16032448055 08:50 AM for living together? Ideally
looking for something in the
spring.
404 Cindy Roseen: Dec 31, 2020 Hi, no I don’t think we’re on
+16032448055 09:11 AM the same page. Let’s talk
about that. I have tomorrow
off Bytheway
408 Cindy Roseen: Dec 31, 2020 I said that just in case you
+16032448055 09:19 AM wanted to hang out tomorrow
409 Cindy Roseen: Dec 31, 2020 I feel like I have done
+16032448055 12:33 PM something wrong, but I have
not. To my knowledge I have
not given you any
commitment. This topic has
caused a lot of anxiety for me
recently, and additionally the
way that you communicate
about it with me makes me
feel guilty. Let’s talk later.
410 Cindy Roseen: Dec 31, 2020 It’s also given me anxiety. I
+16032448055 12:41 PM don’t want to talk about it. We
have talked about this for a
while and now that Zach is
here, you are ditching me.
411 Cindy Roseen: Dec 31, 2020 I’m done with this. You do you
+16032448055 12:41 PM Tom. You deserve it.
412 Cindy Roseen: Dec 31, 2020 I want to continue this
+16032448055 01:08 PM discussion. I think it’s
important because I can sense
that you have building
resentment towards me or
Zach or both of us, and I want
to resolve it before it hurts our
relationship too much. I may
also have building resentment
towards you.
413 Cindy Roseen: Dec 31, 2020 Well I’m sorry for that, for
+16032448055 01:28 PM whatever I did. I set you free
from it. I’m going to try to let
this not set the tone for the
rest of my day. I’m letting it go.
414 Cindy Roseen: Jan 09, 2021 Hi, I’m thinking about you. I
+16032448055 02:11 PM just want you to know how
happy and relieved I am for
you because of your wage
increase. You deserve it. I love
you and hope you’re doing ok.
415 Cindy Roseen: Jan 09, 2021 Thanks. I got you something.
+16032448055 03:45 PM
419 Cindy Roseen: Jan 10, 2021 Hi, thank you, I love it! Can’t
+16032448055 08:40 AM wait to use it
420 Cindy Roseen: Jan 30, 2021 Hey Cindy, how are you? I
+16032448055 08:12 AM miss you.
424 Cindy Roseen: Feb 14, 2021 Hey, are you ok?
+16032448055 08:31 AM
425 Cindy Roseen: Feb 14, 2021 I’m at work now but wanted to
+16032448055 08:31 AM check in. I won’t be able to
respond in a little bit.
426 Cindy Roseen: Feb 14, 2021 Hi, I don’t feel great but I’m ok.
+16032448055 09:09 AM Thanks for checking in. I’m
embarrassed and
disappointed.
428 Cindy Roseen: Feb 14, 2021 Yeah. Thanks. How are you?
+16032448055 12:27 PM
429 Cindy Roseen: Feb 14, 2021 I’m glad you’re ok. I hope
+16032448055 03:26 PM you’re feeling better by now
too. I’m surprisingly good. I’ll
crash hard tonight but
otherwise feel good.
430 Cindy Roseen: Feb 14, 2021 Thank you, and I’m glad to
+16032448055 08:49 PM hear that
431 Cindy Roseen: Feb 14, 2021 Can Zach and I take the Prius
+16032448055 08:59 PM to Bridger tomorrow?
434 Cindy Roseen: Feb 19, 2021 Thank you for your response
+16032448055 10:53 PM today. It clarified some things.
435 Cindy Roseen: Feb 23, 2021 Hi. Thanks for your email.
+16032448055 07:33 PM Want to get a beer at 317 one
of these nights?
436 Cindy Roseen: Feb 23, 2021 That sounds good. What’s a
+16032448055 08:46 PM good day for you?
438 Cindy Roseen: Feb 23, 2021 Ok, but I need you to respond
+16032448055 11:31 PM to my email tomorrow, so that I
have enough time to think. If
that is not enough time for
you, then let’s reschedule.
Good night.
443 Cindy Roseen: Mar 15, 2021 Zach and I broke up. Do what
+16032448055 12:14 PM you need to do, but he will
need time to clean out the car.
Be careful with your language.
I’m about to call Shari. I’m
available to talk.
446 Cindy Roseen: Mar 15, 2021 I can talk now if you want to.
+16032448055 12:17 PM
447 Cindy Roseen: Mar 15, 2021 I’m home. I have this week off.
+16032448055 12:17 PM
450 Cindy Roseen: Mar 15, 2021 Shawn and I are headed to
+16032448055 01:34 PM Cashman’s soon. Do you want
to come?
454 Cindy Roseen: Mar 15, 2021 Zach, please return the Prius
+16032448055 03:14 PM no later than 5:00pm on next
Monday March22nd, and do
not leave Bozeman and
Belgrade city limits with the
Prius. I will return the prorated
insurance payment when you
have returned it.
457 Cindy Roseen: Mar 15, 2021 It’s ok. You don’t need to now.
+16032448055 05:38 PM Thanks for sending that.
459 Cindy Roseen: Mar 15, 2021 Come stay the night with me.
+16032448055 06:14 PM
460 Cindy Roseen: Mar 15, 2021 We’ll eat a bunch of good
+16032448055 06:14 PM food.
461 Cindy Roseen: Mar 15, 2021 Thank you, Cindy. That
+16032448055 06:42 PM sounds nice, but I need to be
alone tonight. There is no
need to be concerned.
463 Cindy Roseen: Mar 15, 2021 I’m coming over. You can
+16032448055 06:56 PM order pakezza if you want to
get that going.
466 Cindy Roseen: Mar 16, 2021 It’s ok We can figure that out
+16032448055 04:34 PM later
467 Cindy Roseen: Mar 16, 2021 I’ll have to send you the gfc
+16032448055 04:50 PM thing when I get home from
my run.
470 Cindy Roseen: Mar 17, 2021 Thanks for sharing this. I think
+16032448055 07:31 AM it’s a good start, if anything
precipitates from this. Send it.
472 Cindy Roseen: Mar 17, 2021 Are you ok this morning?
+16032448055 07:32 AM
473 Cindy Roseen: Mar 17, 2021 Yes. I’m working on some
+16032448055 07:34 AM things, and will to work later
this morning. Thanks for
checking in.
475 Cindy Roseen: Mar 17, 2021 Ok good. I’m ok. I’m helping
+16032448055 07:36 AM Marie get her car to the
mechanics, then I’m going
back to bed.
477 Cindy Roseen: Mar 18, 2021 Are people talking about Zach
+16032448055 04:10 PM at gfc? That could be
detrimental
478 Cindy Roseen: Mar 18, 2021 Have a minute to talk? Sorry
+16032448055 04:48 PM I'm just anxious. I think it will
be fine
480 Cindy Roseen: Mar 18, 2021 Between Wiley calling me and
+16032448055 06:02 PM Ben getting in touch with me
today, that’s it. So no, I don’t
think so but I’m just protecting
myself.
495 Cindy Roseen: Mar 29, 2021 Wow. That’s a lot. Hopefully
+16032448055 03:19 PM short-lived though. I don’t have
ideas for birthday yet. Maybe
this coming weekend.
496 Cindy Roseen: Mar 29, 2021 We are delivering the Prius
+16032448055 03:20 PM now to your place, and I’ll put
the keys inside
497 Cindy Roseen: Mar 29, 2021 Thanks. Can you give me an
+16032448055 03:22 PM update of what’s been going
on please?
498 Cindy Roseen: Mar 29, 2021 Zach and I are working
+16032448055 03:52 PM through our challenges, and
we are doing well.
499 Cindy Roseen: Mar 31, 2021 Hi, I just tried calling you but
+16032448055 08:05 PM my phone died. It’s having
hardware issues recently I
think. I’ll try again in a bit
500 Cindy Roseen: Mar 31, 2021 I’m at work and honestly
+16032448055 08:06 PM shouldn’t talk with you right
now. I’m too upset.
503 Cindy Roseen: Apr 06, 2021 To answer your question, I’m
+16032448055 07:59 PM exhausted, extremely upset
and Mary doesn’t speak for
me. I’m removing myself from
the entire situation. I did my
part. I have nothing but mean
things to say and I feel if I see
you in person, I will make a
scene. Zach burned all the
bridges. The one between us
is on fire. I do not trust you.
That being said, anything sent
via text or email is only meant
for you but at this point I don’t
trust it so that’s all I’m going to
say. How can you trust him?
Enjoy living with a dog that
bites and a master
manipulator. Good luck.
Logan, UT 8432L
Bef ore 'Judge: BRIAN CANNELL
The reason for the change is reprint noLice
CER:rI.FICATE OF NOTIFIEA?ION
rcerttf,ythataCop}rof,t'heatEacheddocumenlwasgenLEeLhe
folLowinil people fsl- caee 1?0100154 hy the the
meLhod and on
date *peei.fied.
Clerk/Clerk of Court
l,{AY 3 0 2017
Zachary Ross -
Mlddle
Erwin Rusk
Nane
Flrst lasl
aW-5717t-rt
Phona *
Petitioner's attorney (lf any):, Phone #
0g No Contact Order
Do not contact, phone, text, mail, e-mail, or communicate
any person llsted on page 1 of this order **eif Ji any
in any.way with the Petitioner and
person'listeiJ below, either directly or
indirectly.
Mares, Manaela Mares'
Other peOple yOU must nOt COntact: Juau Mares, Dlonna Mares, Pablo
Alonso Mures, Colton Chrlsteusen, Dana Chrlstenseu, Cottin
Christensen, CoruPr Christensen'
you can only communlcate with the Petitioner about parent-time through the following person:
The custody and parent-time orders are effective until modified by this court or superseded by
another court order.
,C Other Orders (List below): Other than your o\)n legal counsel, therapist, lax accounlantl
allorney and spouse, cease and desist any and all atlemPls to lnterferc or contmunfcale with
any partles any pasl, presenl andfyltn'e matters regarding or Peflaining to (in any way shape
orfortn) and thrcugh any vonue olher thqn direct comnttnication where appropriale,
reasonable and absolutely necessary fif even at all) tvith the afore noted individuals:
{JS, District Court for the District of Utah: 2:15-cv-00853 Rusk v Fidelity Brokerage Services
20170t2t-SC Rtts,t v" Kass Harstad, Stringberg and Scholnick Law Firtn
tZ0900426 Rusk v,Jared Allebest I Attebest Larv Group I tJtah Legal Sentice s; LatraLee Gilespi I Disabilin'
Law Cenler
' This order ls valid in all U"S. statis and territorbs, tire Oistrici of Cdlumbia, and tribal lands. lf
another U.S. state teiritory or tribal land to violate this order, a federaljudge can send you to prison.
It may be a federal crime for you to have, pcissess, transport, ship, or receive any firearm or ammunition,
induding hunting weapons, white this civil stalking inJunction is in effect.
heriffs:Office
Civil
Cache County Sherifif s Office
Records Department
1225 West Valley View 200, Logan, UT 84321
(43s) 7s5-1000
lnformation:
lPersonal
I Zach Rusk
Payment lnformation:
Account: Visa '6348
-Submission Receipt:
Subtotal: $7.00
Processing Fee: s1.s0
Total: $8.s0
Processing Date: 30 May 2017 B:05 am MDT
Payment processed successfully.
Confirmation #: 592d8083-SlP-53d83
Thank-you,
,f
To selup t'our busi,tcss to occtpl online crcdit card and echtck pur-nenll.."
call 8A0-764 .ad{1 or Ciick I lere!
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( Blocked Edit
Steven Rusk
May 22,2417 al 5:21:35 PM
home
1 (435) 901 -03 30
FaceTime It \
home
sruskpc@msn.com
Send Message
=4= A [}\
ooo
ooo nn
IN THE UTAH DISTRICT COURT
Case No.
ZACHARY RUSK
Petitioner;
DECLARATION OF JUAN MARES
vs,
STEVEN RUsK,
Respondant.
I, Juan Marcs, pursuant to 28 U.S.C. $ 1746, based on my pErsonal knowledge, make the
l. I am a natural person residing in the Urrited States of Anrerica and have an address at l0l0 N
?, I have witnessed Zach's emotional distress from the several lawsuits he has been through and
have been present as a fieind to eonsole and support Zach iu the ways I and. my family are
most able. I can account for Zach having the upmost integrity, patience, ethics, as well as
mental and physical strength given what he is going through at this time. I can attest that I
have seen written testimony of many others recently sqying so as well, including April
Stevenson and Ben Hess whom Zach has known forseveral years.
3. After reviewing the evidence and facts of the numerous cases, I told Zach again today that I
believe that the May 2016 order of U.S. Judge Paul Warner is defamatory, not just antagonis-
tic for bringing forth strong claims of ADA and Title VII violations against his former em.
Page 1 of 2
ployer, Fidelity Brokerage Services. with whom it is clear to me also egregiously and cal-
4. After I saw the records on Zach's phone in which Zach's father, Steve Rusk, on two or more
recent occasions, has continned to contact, call and leave voicemails onZach'a phone after
Zach has sent numerous (around three or more overall) documented cease and disists to
Steve Rusk, which l also saw. I told Zach that I think his father is trying to get him upset,
cause distress, disturbance and attempt to express his control over Zach, as well as interfere
with his cases. After these continued occurances, I also saw Zach's hands shaking and as any
reasonable and empathetic person should, I asked him if he is ok" I heard Zach say that he
feels it is due to PTSD fronr these issues still unresolved and that he feels alarmed, antago'
nized, bullied and harassed by these continued occurances. Also, with all I've learned of the
conduct of Zach's father from a number of others, I in fact have told Zach a number of tirnes
that I worry his father will continue to try and do things to hurt him further. Furthermore. I
have also told Zach that based on the forgoing, I worry that Zach's father will eventually try
and do something to hurt my family and I as well. For these reasons, among others, I write
this declaration in support of Zach applying to the Court for a Stalking injunction against his
{ I declare under penalty of perjury that the foregoing is true and correct.
Page 2ot 2
l,Zachary Rusk, was asked to write this statement for the deputy of the Logan Police
Department as it relates to Steven Rusk of Park City Utah 2918 Daybreaker Drive 84098
43 5.658.2462 43 5.90 1.03 30.
Zach Rusk has received around or over thirty emails and rnany voicemails in tlre Iast several
years frorn Steve Rusk (including from (sruskpc@msn.com and srusk@moog.com and
435.901 .0330 and 435,658.2462).
For one example, on Sat, Jan 17, 2015 at 2:54 PM Steve Rusk (sruskpc@msn.com) emailed
Zach Rusk (zach.rusk@gnrail.com).
On November 28, 2015 at ll:28:03 AM MST Steven Rusk (frorn 435.901.0330) texted Zach
Rusk (to 435-901-8064).
Mr. Steven Samuel Rusk, For some time, Zachary R. E. Rusk has been receiving unsolicited text
messages, imessages, telephone calls, voicernails, as well as entails from you which cause me
annoyance and alarm, and it is considered harassment.
According to the State Penal Code $240.30:
"A person is guilty of aggravated harassment in the second degree when, with intent to harass,
annoy, threaten or alann another person, he or she
L Either (a) communicates with a person, anonymously or otherwise, by telephone, by telegraph,
or by mail, or by transmitting or delivering any other form of r.vritten communication, in a
manner likely to cause annoyance or alarm; or
This email is your final notice to cease all cornrnunications with Mr. Zachary R" E. Rusk.
Your communications to Mr. Rusk are harassrnent; they are norv filtered to be sent directly to
trash. Should you send another email to him, or attempt to communicate rvith him again, I will
file a conrplaint with the local police, request charges be filed for violation of $240,30, and seek
an order olprotection.
Sincerely,
On May l6th 2017 at 4:06pm Steve Rusk left Zach Rusk a voicemail of one minute and twenfy
six seconds inclusive of telling Zach "that they stopped Zach's forwarding of his mail" . Zach
put in an address forwarding change with the USPS for an 'individual'as the evidence can shorv
(can be supplied upon request) in or around April 201 7 from 291 8 Daybreak Drive to I 0l 0 N
100 W Newton Utah 84327 and/or 10655 S 2100 W South Jordan Utah 84095"
On Monday May 22nd 2017 at 5:21pm Steve Rusk left Zach Rusk (at 801 .244.1798) a 47
second voicemail telling Zach Rusk, the owner and policy holder of a penn mutual insurance
policy, essentially to not take a loan on the policy or else.
In addition to the above, Steve Rusk has trespassed to Zach's apartment complex in or around
201512016, as well.
Colton,
We do not have an answer as yet. I have had an extensive travel schedule and norv we have
the holidays. Please bear with us as we find a rvay to rvork through this again.
steve
I have been emailing and contacting Zach again even while he had the SLC police
department call me and they infonned me that Zach doesn't want any further contact from
me.I belisve that was back in September. Please get back to me either by email or calling
my cell 801-477-7474.1 look forward to yCIur advice/recommendations.
Sincerely,,
Colton Christensen
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Summit County Sheriffs Office
Deputy Report for Incident 01-L08506
Complainant: 84302
Last: Rusk First: Zachary Mid: R
DoB: olizo&e Dr Lic: 171351158 Address; 2918 W Daybreaker Dr
Race: Sex: M Phone: (435)658-2462 CitY: Park City, UT 84098
Offense Codes
Reported: ASIM Assault, Simple Observed:
Additional Offense: ASIM Assault, Simple
Circumstances
Responding Officers: Unit :
Melton J P RT41
Carter, Jess XXK33
Involvements
Date Type Description Relationship
07120116
SALT LAKE POLICE DEPARTMENT
GENERAL OFFENSE HARDCOPY
RELEASE TO PRIVATE ENTITY - INDIVIDUAL
GO# SL 2013-4869 UNFOUNDED 3899.9 FAM OFF-VIOLA PROTECTIVE ORDER
Related Event(s)
cP sL2010-6854
GO SL2013-4869
Complaint Information
Incident location
Address: 640 W NORTH TEMPLE ST Apartment:223
District: I Beat: 111 Grid: STF
General information
Case type: THREATS Priority: 4
Dispathed time:22:59:15 En Route time: At scene time: Cleared time: 02:37:34
How call was received: TELEPHONE
Unit IDs: C136
Complainant information
Name: RUSK ZACH
Sex: DOB:
Home telephone : (a35) 901-8064
Business telephone : (801)
Remarks: STM...HAS EVID
Clearance information
Final case type: ASSAULT - INTIMIDATION/THREATS/PHYSICAL
- Sauers, Peter F
Reporting officer 2: O03 - Hansen, Thadus
Related Person(s)
1. Victim # f - RUSK, ZACHARY R
(Case Specific Information)
Sex: MALE
Race: Unknown
Date of birth: Jul-20-1986
Address: 641 W NORTH TEMPLE ST 223
Municipality: SALT LAKE CITY, Utah 84101-
Phone Numbers
Home: (435) 901-5061
Particulars
Language(s) spoken: English