Witness= to be added are the Ex-partner, as described, in the restaurant located at 628 N. Gilbert, Danville IL.

On many occasions prior to agreeing to do this work, the remodeling of the restaurant, eventually called village garden restaurant, located in Danville IL, on Gilbert street. Mr. Selimi made continual promises to me Atake the job, I want you to make money here@. Mr. Selimi was told in no uncertain terms, that I, Mr. Osterbur did not care for the job HOWEVER my nephew was in trouble and needed assistance; I finally agreed to take the job for that reason. It is of note that all Mr. Selimi promises were made when no one else was around. It was my expectation created by the words and actions of Mr. Selimi that a fair & honest working environment would be possible, and consequently the work began. As the work progressed it quickly became apparent Mr. Selimi did not understand his contract (although he employed numerous lawyers) and the need to establish an understanding was required. I initiated the meeting as soon as possible (that time occurred when the restaurant hoods were up, because the contract heavily leaned in Mr. Selimi favor). Mr. Selimi and his partner in Urbana gardens restaurant Isen, were both there and I told Mr. Selimi the contract amount was insufficient to cover the costs of doing this restaurant (IF he did not understand the contract from the beginning then there was no specific need at this moment to become legally entwined) instead I preferred to ask what are you willing to do about this? Mr. Selimi stated, and Isen agreed: Athe price of doing the restaurant, has exceeded 30% more, than our highest predicted price!@ Therefore MR. SELIMI stated AHE, would do his very best for me (in payment for an excellent job) BUT I would have to wait a little while for the restaurant to open and give him a chance to recover some money@! I accepted this as tolerable, because I did not personally explain the contract BECAUSE Mr. Selimi had lawyers in both Danville and Champaign IL. I did tell Mr. Selimi at that time I did need the money at the end of the job, that I had invested into the job/ that money was necessary to begin the next job, but I would wait for the rest a short while. Isen is witness, BUT HE is partner in other business ventures as well/ the question to be presented to him is honesty versus money and a relationship in ruins if he is truthful. This promise by Mr. Selimi WAS very distinct and very CLEAR and no possibility exists that I misunderstood.

Returning to the promise Ahe would do his best for me, and pay as soon as he could@. Mr. Selimi methods began to change within a week after. Mr. Selimi spending habits also began to change (he did inquire of my advise on nearly everything. However now Selimi began buying only the best/ although he had 2 weeks prior told me he was in certain financial trouble. At this point I am again committed to the task, and to leave would guarantee a loss. Selimi hired an interior designer to Apick out the paint, for the dining room, for several thousand dollars/ he hires decorative artists for several thousand dollars/ and never accepted any advise that less expensive equipment was used by the majority and found to be acceptable. Selimi attitude toward me changed a little each week after his promise. Anger & contempt began to appear and increased as the weeks went by. It was clear something was up, and it was most likely about the money owed to me. The promise had been made and accepted, no backing out now.

Selimi by decision or by the intent of his actions developed a very distinct change from AI=m broke, please help me@, the day he asked for more time to pay. To a complete lack of concern for cost of equipment, and an attitude of Anothing is too good for my restaurant@. This explains the decision to warn my nephew, his job was in danger. Selimi broke the true intent of my providing this contract, of which he WAS fully aware, therefore the basis of the agreement itself. And it is not without suspicion be me, that he did so willingly & intentionally/ a description based upon realities occurred.

This lawsuit further develops within the distinct association of power. Once it became clear Selimi did not understand the contract and there would be subsequent trouble/ the reality of the agreement was no longer an equal footing existed. It was to late to get out, the contract and its definitions required me to stay, therefore I now needed Selimi to realize HE was wrong! Therefore Aextras@ were allowed/ Ababy-sitting Selimi was the method. A reality of irritation because Mr. Osterbur specifically asked Selimi if there was ANYTHING he wanted to discuss prior to signing, Selimi held the contract in his possession for a week at Mr. Osterbur insistence, had lawyers and family & friends who were restaurant owners, had remodeled a restaurant previously, He had insisted upon the contract himself, and it was a excellent deal for Mr. Selimi. Irregardless of all of this, Selimi clearly was going to be a problem. Given this foundation Selimi brought to the worksite (2) 9 x 5 restaurant hoods in the 3^rd week of work out of Chicago he said (even though we agreed on and had planned for (2) 9 x 4 hoods). They were used hoods driven to the restaurant in a truck provided by one of the Urbana restaurant suppliers of food/ by a brother. Selimi returned a couple days later and stated he needed a receipt for his banker from me or the cost of the hoods could not be deducted as an expense. Selimi stated he merely forgot to get a receipt/ and I needed his cooperation. AFTER deciding that the hoods in question require equipment & some professional experience to remove from a building and the participation of several people to load into a very visible truck/ meant without Amafia type@ help stealing these is next to impossible. I further considered the fact I personally had lost money without receipts to prove the expense. I then considered the reality of the law as it was taught to be by the federal appellate court in cases 94-1943 & 94-1944, a summary is introduced as the United States Supreme Court appeal (appendix B). These judges conspired to destroy justice & constitutional questions through denial of these cases of property and right through dismissal by fictitious & imaginary religious allegations, EVEN THOUGH absolutely NOTHING resembling their reasons for dismissal & rejection existed in either court documents! The federal appeal court committed FRAUD and in so doing committed treason, BY the reality, that we, the citizens of the United States, HONORABLY expect better. Because DUTY is not a description of personal opinion/ nor is it an explanation of personal belief/ RATHER justice is the Aglue, that holds every society together@, therefore the lack of justice IS no different than a secret attack upon society in any other form. On a personal level These Cases, provided the necessary failure OF RESPECT for the court, and I provided a receipt to Selimi for the hoods. I DO testify the lack of justice, the lack of respect for me, the lack of respect by the court for the law, DID influence me in this matter, and as such the court becomes intertwined in this case. Without this lack of respect for the law, by the court, NO RECEIPT or even the consideration would have been given. This is power.

This lawsuit becomes joined by the definition of slander. The primary incident occurred while Selimi, I, & an Equipment supplier were discussing the location & type of dishwasher ordered, and where it would be located/ Selimi forgot that he had approved a corner dishwasher and became agitated . I explained exactly why we discussed moving it, reminded him, he approved this and when it was apparent, his purpose in this matter was simply to complain AI wasn=t baby-sitting him enough anymore@. I simply walked away. He followed and in front of many witnesses SLANDERED a man BADLY, for simply asking me a work related question. Selimi insisted HE was the only person I should be listening to, paying attention to, Etc. And he spent several minutes berating & belittling this man, with descriptions demanding this person was NO MORE, Athan the dirt under Selimi shoes@. I walked away again, the person slandered sought me out shortly thereafter and with sorrow and humiliation in his face stated Selimi HAD made him feel bad about himself! I explained Selimi was merely talking to me & was simply using him for that purpose. Selimi made it clear in these description and others that he had no regard for life beyond what served his purpose. A fact that added reality to a threat later received. To facilitate an understanding of the consequences of accepting any life is beyond respect means simply: that the foundation of evil is in place, or more clearly, it is only when a life has no value to you, that excuses are capable of being born which allow decisions to be made such as Athrow this away, or use and abuse, or whatever can be thought of because this is garbage to me@. Evil which means, to destroy without cause/ for no better reason than YOU want to play god, is the seed, that enters the mind to grow into all manner of consequences that displace life, and then destroys life because it becomes the evidence to convict you.

Here it is necessary to add proof to the fact that Selimi had nothing to complain about/ that evidence is created in part, by the reality : having already beat the competition by $2,000.00 for the dining room bid work, because Selimi cried for 20 minutes about how he wasn=t saving any money, I chose to add the cost of hood installation (estimated at over $29,000.00) and various other work; BECAUSE at this point having been promised the job, I was not prepared to keep my nephew working with alternate bids at different jobs. It was now winter when work is either prepared for or hard to get. A power achieved by Selimi through promises broken!

This lawsuit DOES distinguish the reality of INJURY to the plaintiff. The primary incident would be at the end of the job, as described. The entry to the building was separate from the contract therefore it did provide a proper opportunity to discuss exactly what & when a payment would be made to me/ prior to increasing the amount owed to me. Therefore in a calm and deliberate manner I asked Selimi CLEARLY, what and when did he intend to pay me? Selimi replied MAYBE a thousand dollars, maybe two, IF and WHEN he felt like it, and only if I said nothing to anyone about this intentional theft. Selimi was VERY CLEAR about the money, the time, and Asay nothing or get nothing@. This needs no other explanation, it is clear and certain and a complete opposite of every promise made. Selimi manner, his words, his face ALL indicated, HE WAS ENJOYING , this moment, and it was clear he would pay nothing. I needed to know : is this just about money or do you desire to be an enemy? Therefore I allowed one single tear to drop. At the sight of the tear Selimi titled his face back, clearly intending to laugh at me. When he saw it was only one tear, he refrained. The tear represents the fact that I had cause to be sad/ NOT a game or a matter of acting. Rather I now would encounter a very significant problem of keeping my nephew working/ Selimi would most likely cost me the next job/ and I had invested four and a half months of labor, plus $10,000.00, without a single penny to show for it. Of this Mr. Robert Ellis, as a partner of mine in the gas line installation lost $2000.00 by forgiving me this amount, although it was owed, another injury.

This lawsuit seeks to further establish the promise Selimi made to me, By subpoenaing, the man standing beside Selimi as I left the job site for the last time, described separately. Selimi states in a clear & distinct voice to me, with my nephew in the passenger seat, and Selimi partner in this business venture standing at his side; that he had in his words, QUOTE Apromised me the moon & the stars@. Selimi is required to supply this witness as he knows where and how to find him. It is further intended, that this partner, who disappears after accepting the risk of starting a new business, would leave after only about a month, when the restaurant clearing is doing a tremendous business. It is reported to me that Selimi did cheat him as well, and this would clearly support this lawsuit and my claims.

This lawsuit encompasses a LEGAL RAPE of the escrow account used in association with this contract. The financial intermediary, according to lawyers visited, indicate the bank would have returned the $2,000.00 left in the contract, for the purpose of legal recourse, to Selimi. This money was left in the bank with the full and complete expectation that the money would be protected, from Selimi, until the legal matters were resolved. To have taken the money out meant signing a full waiver of rights & liabilities, and therefore no legal remedy available. The question to the court and to the law and those who make the law: IS THIS Selimi= money? In NO possible reality can this be Selimi money/ The work was completed according to my participation in the contract correctly and on time. Therefore it was EARNED BY ME, inheritable if I so chose, because I had completed every detail and more required. The assertion that it was not my money MUST be accompanied by some type of failure on my part with regard to the contract/ and there could be none; THEREFORE THIS WAS MINE. If the state allows this, THEN it is THE STATE OF Illinois who is stealing from me. This is a definition of tyranny, a description whereby people are deprived of their rights & possessions by those in a position of power, and a direct denial of the 5^th amendment of the constitution. Therefore an undermining of trust, an act of treason, and a denial of Agood faith@ as it applies to all contractual obligations, defends the words: If it is not for justice/ then it is an extortion, created for the purposes of power. The state & the court may reply, AI apparently had 3 or 4 months to file before this happened.@ UNFORTUNATELY no one told me, the court / state was a theft so I was unconcerned. The illusion that Aignorance of the law@ is an excuse, CANNOT be defended because, in all matters of person and property the court is the measure of last defense! HERE, it is the state that assumes the role of thief, and the court which allows it! DEFEND YOURSELF. But remember, justice is NOT so small & cheap, that not even a warning can be given, before the government sanctions theft, and becomes its facilitator.

This lawsuit applies the term EXTORTION to the very simple expectation of collecting the money owed to me. Having prepared a clear & fair account of the primary considerations involved. I personally presented Selimi his copy, and afterward approached a couple of legal firms to represent me. Both declined telling me the time for a simple determination had pasted by a couple of weeks or so, and now only an actual trial would do. I proceeded to inquire of different immigrants in the area, which knew Selimi, regarding the money owed, and how they would proceed back in his original country. None had an interest in intervening for me. However one man, with connections to Selimi, 2 or 3 weeks after delivery of the preliminary lawsuit clearly wanted to tell me something/ so I asked him Ahow would this be taken care of back in his country? The man turned his back to me, and in a very clear voice and without hesitation stated: A We would never go to court! We would work it out between ourselves! OR Some men hire other men with guns to end the matter!@ This from a man clearly nervous and who I knew had talked to Selimi from general conversation in the very recent past. (the name is withheld until such time as it is completely necessary to surrender/ for his own safety).

I do strongly suspect Selimi planted the idea, and because I was clearly prepared to go to court and Selimi knew it/ because his associates & countrymen were not interested in me/ this leaves Aa man with a gun@. The question becomes Ato what degree should this be taken seriously?

The facts are Selimi discounted life that he didn=t need as Adirt beneath his shoes@. Selimi had prepared and waited for me in the matter of money as described: enjoying the moment with clear words and motions to indicate HE had chosen to be an enemy! Selimi considered even the smallest amount of money as worth more than my needs or my life or my work, even to the point of A clearly wanting to laugh, if I showed any weakness in this matter at all.@ Here, the question becomes one of access/ Does Selimi know anyone or could he find anyone with Aa gun@? The answer is Selimi is an immigrant, who knows many immigrants. Being an immigrant means, there is no safety net for you/ a stranger in the land. Therefore all you have is those who are like you (in most minds)/ This is the foundation of prejudice, that if a choice must be made in life or death, the one who is like you shall win, the one who is least like you must then lose. The purpose is survival/ therefore a safety net for all people is extremely important. This question of access is then, simply does he know of desperate men who believe society is in effect, Atrying to kill them@, the answer would be yes.

These facts give credibility to the statement; to be wrong here could be fatal. For this reason only a decision was made to wait until specific pursuits in my own life were completed to a reasonable extent. This is particular would be a book I have spent years working upon. A book I refuse to be interfered with. A book which is far more important to me than money, to refuse the book and seek money I regard as a temptation, for the book is written as a witness of my faith in GOD! Therefore the book must be finished first/ it is completed sufficiently at this time, (appendix A). Do NOT assume, I Abring my religion@ to work with me/ ask anyone their I did not, this issue is mute. The lawsuit until this point represented only money NOT realities important to me beyond the necessary descriptions to keep my nephew working. The ignorance of money, is the explanation linked to this description: If you were imprisoned in a golden room with jewels of all kinds surrounding you, are you not still imprisoned? Life is far more important than any description of money. Now however the issue becomes one of duty, our relationship within society to assure that honor and honesty is supported by courage/ When it is not respect dies, and with it so does society. The reality of extortion is implied violence. Violence is dependent upon cruelty, & cruelty is the tool of those devoid of respect.

Money and power and security are Selimi Agods@. He stands to lose money, His expectation of power is lost in this lawsuit, only his security over what he possesses will concern him. Selimi knows already what I value, therefore only a true warning will do! I initially prepared a series of legal possibilities and then went in search of a lawyer to represent me. Several declined stating the contract did not include legal fees, so they were not interested. One accepted, but the price was high and I work too hard, to give away one-third of any money recovered in a simple case. This lawyer however stated the descriptions of law contained in the papers Amight cause Selimi stress@ making it possible for him to sue me over affecting the day to day work of running a restaurant. The purpose of a LAW is to establish a buffer between 2 or more people by creating punishments & people who would intervene for justice. This is not nor was it ever a threat by me/ it is a threat encountered as law, and it is suppose to create stress in the people who break it (appendix d) is these papers. The power of law, is its own, and has nothing to do with any individual. I then went to the courthouse and inquired of the clerks there how long before I must file? The said at least 2 years.

TRUTH DEMANDS, that I support this statement ATHAT GOD DOES PROTECT ME@. Therefore compliance, because of the severity of the punishment, is created by including a portion of the book written (the discussion of life, appendix A), at its current level of completion. This is for your benefit and does exist as a MERCY upon your soul/ OR in the event of failure by you/ be forewarned this warning shall become the difference between FEAR AND TERROR ! CHOOSE.

Know as well JESUS IS MY LORD the meaning of this is not Avoices inside@ but the truth, that the EXTREME ENERGY found within is NOT MINE. Rather it belongs to JESUS HIMSELF. I could not /can not judge anyone not even if my life depended upon it. RATHER when the love in my soul has experienced even a tiny trial, a primordial energy (means no mercy exists) comes to protect it. I do NOT live alone JESUS DOES LIVE WITH ME! I say this because my soul is protected from earliest memories. The body however doesn=t seem to matter, except it has not been allowed to die, to date. Here the simple warning: a judgment may be illustrated as the laws which govern an avalanche. Physical realities explain the possibilities, but nothing occurs until every condition is met.

The answer begins as Selimi desired to prove Ahe knew everything about the business of restaurants@. At the midpoint of the job, Selimi had proven this was beyond his abilities/ his pride crushed, Selimi had to choose: to accept gracefully, the help he needed from a variety of people OR to fight with everyone as if they were enemies, intent upon his demise. Selimi choose pride, making everyone an enemy.

The reference given to the cost of the original Alawsuit (appendix f)@ exceeding $120,000.00 did at that time rely upon the probability that this person might sue, as well as the man who was slandered.

The final question becomes what happens if I lose this lawsuit? If it is thrown out for time constraints/ even though I was told soon enough/ Then we will be going to small claims court, one piece of work at a time until all have been accounted for. If I lost this lawsuit in court you may be certain it will be appealed. However do to a debt I forgave many years ago/ The IRS instructed me that this loss was not an expense for tax purposes, EVEN THOUGH they want a pennies out of every dollar I take in (nothing is too small to be counted). I insisted upon going to court at the time, only to be told: Unless I was audited I could not go. I went to the audit division of the IRS, and demanded to be audited, they REFUSED. Then talking to the division manager of the IRS in Champaign, IL at that time, Ahe instructed me to lie, and change the tax papers, be certain to sign it, and then be sure to give it back to him@ He clearly intended to entrap, and was a certain LIAR . I then searched for the probable outcome of demanding court in some form, and through several IRS agents learned that tax court is similar to not paying rent. IF you do not pay the rent, Then you have NO case, because like rent, you didn=t pay the bill, therefore you have no rights. Whereas if you pay the tax, you have agreed the tax was owed, and you have NO case. Consequently we will be making critical pathways to tax court.

1. To Isen (partner at the Urbana restaurant), IT IS your job to insure Selimi knows and understands, EXACTLY what the warnings are and the lawsuit says. It is your job because you do empower Selimi to be who he is, by allowing him to hide. It comes to my attention you have bought another restaurant with Selimi, consequently, the reality shall become if you fail to tell the truth regarding what you know, as it applies to this lawsuit YOU shall inherit Selimi guilt, to a lesser degree. If you lie, and make him happy, you enter a collusion to defraud and steal. I am aware, life will be difficult your fortunes are now tied together, and working day to day with each other makes truth painfully expensive. However eternity will come for you to some day, and you must choose. The failure to insure Selimi understands the extent of the warnings or a failure to report what you know about any violence or intent of violence will grant you the very same fate as his.
2. Regarding the restaurant hoods, and its final safety measures/ the following is true: Due to Selimi fears of Alosing everything@, I chose to work 7 days a week at least 12 hours a day, for several weeks. A heart attack years earlier, returned a measure of pain that demanded slowing down. When the hoods were secured, it was possible to slow down for the final details to be done later/ NOT knowing Selimi had plans for me, or his desire to Aplay the fool@ with regard to safety, would occur later.
3. Should my body become dead & my soul allowed to leave, the court is instructed by me to file a civil suit on my behalf, against Selimi; that he may in no way profit from it, in the amount of one million dollars/ give the money to the poor. Should anyone die because of an involvement with me; the court is instructed to file a civil suit on my behalf, against Selimi in the amount of 50 million dollars to insure he never owns more than the clothes on his back again/ give the money half to the family of the deceased, and half to the Christian Church. This is your duty, because a murder such as this would be done only with the true intent and desire for EVIL. His family may have a living, but he may not.

 

The list of monetary demands are:

4. The amount for collection fees, preparing for court $2500.00
5. The amount for court costs $300.00
6. The return of Moines owed, but returned due to promises made and then broken, in the time & material phase 3600.00
7. restaurant hood extras as indicated 3340.00
8. extra costs associated with Selimi choice of plumber, I paid to tear down a wall and rebuild/ pour concrete and remove and pour again/ your choice your bill 2900.00
9. material for flooring in kitchen 600.00
10. extra costs associated with Selimi choice of plumber, very excessive floor removal and consequent floor replacement. 850.00
11. planing of concrete for rugs (not included in contract) 700.00
12. concrete removal and repair due to changes, vegetable table 200.00
13. iron & concrete work for dining area not included, no hanging tables were included in the contract 1300.00
14. Formica work 600.00
15. installation of restroom stalls 320.00
16. baby-sitting the Aowner@, a DIRECT COST to me, a ridiculous amount of interference, which left the entire crew without work, because the foreman was removed. 7000.00
17. Additional expense incurred for the front counter, I would have had time if not for the plumber and Selimi (the plumber had to be babied too) 600.00
18. Heightened ceilings for storage, not included, over an alternate bigger office, in new location 1800.00
19. work done but never paid prior to contract, work accomplished while waiting for Selimi designer to finish blue-prints and then waiting for bids. 3600.00
20. cost of fire proofing materials for the kitchen 680.00
21. installation of phone lines 60.00
1. extra work incurred due to Selimi error, he insisted the measurement would be correct and it was not 300.00
2. drywall work, was not included 1400.00
3. snow removal 700.00
4. removal of the interior airlock doors 700.00
5. unloading and setup of equipment 1200.00
6. Aggravation and irresponsible actions, a direct charge for plotting and planning to do me harm 7000.00
7. removal cleanup of shrubs on north side 400.00
8. delivery of bushes to Selimi house 150.00
9. expense of ceiling tile & grid 1700.00
10. the remainder of the contract amount, not collected 3200.00

TOTAL $46,700.00

This is the amount necessary to achieve settlement outside of court. Even a single penny less will be considered a matter of additional disrespect, and will not be accepted/ neither will Awaiting for the money@ in any form or for any reason! Your lawyer will be allowed to make the transaction, not you.

Regarding inappropriate behaviors, such as slander, assault, or battery, etc; it is strongly recommended you consult your lawyer prior to such actions because the full extent of the law will be used if such things occur.

Do not suppose this billing is all labor costs; I will need $12,000.00 roughly to break even, before I see one single penny for labor or risk or expertise. While this is not your problem/ Don=t (and this is a warning) go telling people I now want to become Arich@ off you! A trial for libelous and defamation will result. YOU chose this yourself, the possibilities of Abeing nice@ are over.

If you desire court, then the following will be added

1. Pain and suffering involved due to Selimi intervention/ creating the exact opposite of what was agreed upon/ a stable work environment for my nephew, and me, and the resultant problems incurred because of Selimi intent to harm. This is described throughout the papers involved. An additional: $70,000.00

The law relied upon initiates in Illinois commercial law:

Beginning in the nature and requisites section 1:37 Benefit to promisor or detriment to promisee. ABenefit means the receiving as the exchange for a promise of some performance or forbearance which the promisor was not previously entitled to receive. That the promisor desired it for his own advantage and had no previous right to it is enough to show that it is beneficial.@

Section 5:23 Failure to pay

Section 5: 28 Prevention of performance of other party as breach; A duty is imposed by law upon a party not to interfere at all with the completion of the agreement by the opposite party. It is clear that when performance of an agreement is rendered impossible by the willful acts of one of the contracting parties, the agreement to pay becomes absolute.

Section 5:30 Breach of duty of good faith and fair dealing A covenant of good faith and fair dealing is implied in every contract, absent express disavowal. A breach of the duty of good faith and fair dealing is a breach of contract. Thus, where contractual discretion is exercised in bad faith, the contract is breached, and it is incumbent on the courts to grant appropriate relief.

Section 5:32 Effect of breach on other party=s duties; a party who materially breaches a contract cannot take advantage of the terms of the contract which benefit him, nor can he recover damages from the other party to the contract.

Section 5:33 Whether a breach is material; The determination of materiality is a complicated question of fact involving inquiry into such matters as whether the breach defeated the bargained-for objective.

Section 5:37 Forfeiture In particular, forfeitures are not favored, and are abhorred, by courts of equity. Whenever a great wrong or injustice results from a forfeiture, courts of equity will properly prevent forfeiture.

Other law as may seem important or necessary shall be added according to the outcome of this final inquiry as to whether YOU Selimi would rather the courts decide.