TO THE COURT

RE: case no. 01-LM - 16

Regarding motion to dismiss OSTERBUR vs. SELIMI

 

The initial filing by the plaintiff is in no way insufficient to an accurate definition of the case/ rather the motion fails to recognize the offering of an opportunity to stay out of court/ and a clear warning of the direction and intent and seriousness of the matter if it proceeds to a hearing. These warnings included evidence of a breech of contract as would be submitted; a significant initiating cause for the collection of damages; an occurrence illustrating a possible criminal conduct inquiry; and a warning sufficient by its nature to correctly describe a punishment in the event of specific harsh or irreversible actions as have been suggested could be visited upon me or someone I know.

It is due to the possibility of the threat described that a sworn and usable testimony must be given prior to entry into any court proceeding to assure Selimi, that no matter what, the outcome of such an occurrence would be inescapable. Are these words not usable in court/ Are these words not subject to cross-examination by written word through the court from Selimi himself or his lawyer/ Therefore this testimony does constitute a legal examination, and may be considered my true testimony whether alive or dead.

Definitions which participate in this testimony which describe Areligious concerns@ are not subject to questioning within the court/ INSTEAD these warnings exist only to establish the completion of all discussion and or requirements to forewarn Selimi in case the need arises/ no further words are necessary!

The question of a threat is considered minimal, I believe Selimi was just playing another game (gambling)/ NO conclusive proof exists however, that it is merely Aa stupid game@, therefore it will be treated as a legitimate threat until proven otherwise. I will remind the court, the threat did not come from Selimi himself directly to me, but as a warning with undeniable meaning from another as described. To the court, this person shall not make a good witness because Afear, panic, and depression@ are all involved, the consequence of being called into court shall be SIGNIFICANT to this person. Therefore request is made as to the abilities of the court to limit the severity of fear (WHAT can you provide). There are many reasons for fear, and I do not present this as simply fear of Selimi, rather immigrants Astick together or are abandoned, by each other@, I do not know it is not fear of Selimi either. Again the acceptance of the possibility of a threat exists from the interactions, I experienced as described in these testimonial papers.

The allowance of appendix A, the discussion of life/ simply presents the question: Where did this information come from ( whether you agree or not)? That question supports the warning, that eternity exists! Therefore as it is with nature reality and truth DO NOT require your consent (hurricanes, earthquakes, etc, etc). This warning separates me/ removes my presence from Selimi outcome, as I believe in eternity, and the requirement to do no harm to anyone if possible.

Appendix B, represents a warning to Selimi, that I have in the past sufficiently represented myself, within the court system to the Reality: that 3 federal court appeals judges HAD to lie and perjure themselves, to stop the process in doing so they by the responsibility of their positions and oaths did commit a treasonous act/ because the constitution is nothing less than the evidence that each person is equal to the whole, not as an individual but as a commitment to protect and defend/ specific actions which remove the ability to defend yourself by lies and theft, which remove the promises of the constitution by the consequence of interfering in the process of justice, and the right of law are fundamentally an act against the entire United States.

Warning is given to Selimi: NOTHING that is not brought up in the initiating trial can be appealed, therefore we will be discussing details. Second only an adequate audience can insure an adequate trial, therefore an audience will begin to be prepared. Third nothing which occurs through the court can ever be dismissed or changed, by you or me! It is presented and it will remain as is. I DO SAY, to you Selimi, that I am not your prosecutor/ I did nothing to you, these are your actions/ the fact that I refuse to provide any Apower@ over others to you, by leaving what is clearly mine, as money in your hands is certainly nothing less than you would do. The consequences of your own actions, are and were simply described and created ONLY BY YOU!

NOTICE IS GIVEN

If a financial settlement does not occur prior to 3/ 13/ 01, in the amount described in the brief. Then as soon as the ex-partner may be found an opportunity shall be presented to him to join in this lawsuit for financial relief, if the situation between you was as has been described to me. Further Mr. Dennis Scott, shall be invited to join, due to the matter of slander, incurred by Mr. Scott, and was witnessed by many people. Mr. Ellis who was a contractor on the premises and was clearly unhappy the day payment was made to him shall be asked if he has anything to add and wishes to join. The current owner of the restaurant Village Garden of Danville, shall be advised that a trial of this type may have a financial repercussion upon his business and therefore should consider measures both legal & financial, to protect his business/ should business drop.

NOTED: It would be my expectation to limit the amount of relief requested in a joint trial to the actual amount over and above input costs which the business generated for Selimi/ including any amount for labor and profit by Selimi! Selimi told me, I must work 4 and a half months for free and accept the problems this created for me, and accept a loss of $12,000.00 dollars/ CONSEQUENTLY he participated in the actual business for approximately 6 months or so of time, and I now tell him the same. The money he collected came only through the betrayal of others, therefore it is fair.

Beyond 3/13/ 01 I will accept $80,000.00 and no less, prior to trial/ and until such time as others have joined, at that moment only the jury shall decide.

The court is asked to consider the failure of Selimi to present the name and all other pertinent information necessary to locate his ex-partner, in court on the 13th of march as contempt of this process. This is my second legal request (he put it in the mail is not acceptable).

This pleading will be provided to Isen, I am told not only a partner in the Urbana Gardens restaurant, but currently engaged in remodeling another restaurant with Selimi/ Therefore he is vulnerable to financial troubles of this type as well, and deserves to be notified.

To the gambler Selimi, DO consider well your position in this matter; If your pride is worth more than the possibility of the matters CLEARLY in evidence within all the pleadings, then by all means go ahead. But remember this: YOU CAN LOSE, and the repercussions are far more serious than you suspect; QUESTION YOUR LAWYER, and understand the possibilities, FIRST!

Law means: having entered the courtroom, someone else (a judge or jury) will be deciding and choosing what society wants to do with you.

According to the request of Selimi lawyer to strengthen this case in his motion for dismissal:

The purpose has been discussed and the pleadings are to become

  1. If you can read American, then you have no defense, for misunderstanding this contract. The fact that you had several lawyers, are a businessman, had at your request several other businessmen to consult, held the contract in your possession for a week, and did say no when asked if there is anything you wish to discuss about the contract before signing, DOES mean ample opportunity to understand was provided, and any misconceptions are STRICTLY your own fault. THEREFORE, a financial action to recover the money owed as described in pleadings, for the various work that could be considered and was extras, according to the contract, as described, is requested from the court/ I HAVE waited long enough!
  2. 2 The question of power is evident/ power means the contract was breached not only financially but by the evidence of fraud! A contract written which clearly and deliberately identifies the contractor Osterbur/ had provided with intent every necessary legal action to the owner Selimi to provide a resolution of any dispute to favor Selimi; thereby making even the concept of a problem with regard to the business of the remodeling a simple question of do you want me to continue? The fact that Selimi did not use this legal maneuver, but chose deception, trickery, and harm instead substantially proves: the contract was entered by Selimi under false pretenses. Otherwise if a problem in the work presented, the resolution of that problem gave Selimi more than adequate means for a legal relief. The price of fraud shall be $10,000.00.

  3. My entrance into and the signing of this contract was about providing stability to my nephew, a FACT which Selimi was COMPLETELY AND CLEARLY AWARE! Evidence exists of this by my testimony, by the descriptions evident in the pleadings as have been presented, by the VERY minimal price of the contract (less than half of a normal bid), and the fact that money was returned from the time & material phase of the job. Power is evident, as this too was a MORE THAN fair price for the work done! Money was returned ONLY because it was now January and construction work is hard to come by in winter months. I was promised this job, assuming I could and did underbid any other contractor/ this DID occur! When it was clear Selimi was lying about Ahe wanted me to make money here too@/ the price was lowered to an unrealistic level simply to provide the necessary stability to my nephew. He had been in a drug rehab program less than a year ago, where the bills can escalate very rapidly, and it was cheaper to work than to pay. Selimi KNEW these things prior to signing the contract, prior to beginning the work. Therefore when he deliberately made his decision to subvert and begin a destruction of the integrity of the contract and the agreements prior to the contract as well as, agreements made after the contract (regarding payments to be made, as described), ended in my suggesting to my nephew that he may need to find another job after we were through here/ without the money the next job was in jeopardy. My nephew experienced a level of anxiety so intense, that although no problem of any kind had been experienced in the past year or so/ that within 30 days, he had been arrested 3 times for drunk driving/ lost his license/ spent 30 days in jail/ and incurred lawyer fees and an arrest record he will keep for the rest of his life. THIS IS AN INJURY, completely avoidable, and evidence exists in the fact that after I told him not to worry anymore, no further problem existed nor has he experienced any further problems to this day. The purpose of the contract was stability for my nephew/ this contract was breached in full the day that stability was in doubt, and the subsequent damage to a life, is and will be subjected to the issues of negligence wherein, due to the actions of Selimi, another life was harmed. The price of negligence is $30,000.00.
  4. Reliance begins within IL commercial law 461 contracts / 285 contracts/ performance or breach 1:41 / 1:39 / & 5:33 as it governs the contract, the intent of the contract, and the purpose of the contract. Reliance in law as it regards negligence will be presented at a later time, prior to court.

  5. Selimi came to me in the 3rd or 4th week of the contract period with money concerns, fearing he could lose everything! I listened, and chose as a result to increase my own work schedule to 7 days a week @ 12 to 14 hours a day/ this was my choice and I made it willingly, and it resulted in too much strain for my body and the problems associated with a heart-attack years earlier came back, do to the increased work schedule. It is my statement, that my health was good prior to this decision and sufficient hard work exists for the previous months prior to this job to support this as fact. More help could not be realistically hired because the plumber, Ahired by Selimi, kept by Selimi even though specific requests were made to get rid of him@, would NOT complete his work. Numerous efforts and phone calls were made in this matter, and the work cannot be completed until the plumber gets OUT OF THE WAY. The problem is well illustrated in the fact, I finally had to tell his phone operator Aeither he gets here to complete this tomorrow OR I will drywall the bathroom pipes or no pipes@ he came, and then disappeared again/ his men said ANO they were not busy@, no excuse. It is the reality of fraud and the intent of harm and the damage created, from which I have still not fully recovered, that brings this aspect of the pleadings. If the specific intent of disrespect, the actual decision to harm, and the damage done to my nephew did not exist, THEN the medical problem would be mine and no mention made. INSTEAD this is another irritation, specifically incurred, because of actions and decisions made by Selimi that resulted in damage to my life, and as a consequence falls within the category and concepts of the IL statues on theft & related offenses. IL criminal law 70;04 prima facie evidence; intent. In as much as Selimi knowingly took control over the contract by deception/ knowingly represented himself in such a manner as to illicit a specific work effort from the contractor, failed to uphold without good cause his agreement and as a consequence DID steal something of value from the contractor, a portion of his health. The price associated with this matter is $40,000.00. Hospital records will be provided at a later time.
  6. The definition of a property is properly & correctly identified, as a fact developed within the HONEST belief in GOD ! The body is my possession/ my property upon this earth, but NOT my life. Therefore the development of theft, as a consequence of a deliberate decision, and a distinct action, when coupled to the reality of a deliberate, willful, planned & executed attack by Selimi upon me, at the end of the work: Produces an additional definition of violent intent ( the desire and subsequent action, to harm). Demonstrates the consequence of harm; to this body, was definable to specific decisions which Selimi made.

  7. The social implications of behaviors clearly in absence of honorable intentions. Behaviors clearly described which are a detriment to this society. Behaviors which if allowed to multiply, because all bad behaviors produce a similar behavior or substantiate a reason for other people to consider revenge upon society, in general. DOES defend the United States Code 8 USCS 1227 (1999) section B. an alien in violation of the law is deportable. His family is not involved, therefore not deportable.
  8. Arrogance brings this matter to its current situation or to trial. Selimi is offered to buy his way out of this action ONLY because it is unclear if his actions were based upon his fears, making him simply stupid, or if he has died inside?

Arrogance is AI am better than these/ I am MORE important than these/ I am a Agod@ in my own mind@. Therefore arrogance is a SLANDER to all humanity/ and a deliberate enslavement of lives. To achieve arrogance, people MUST be made to lose, otherwise pride won=t allow it. Truth assembles the evidence/ and then demands a decision, there are only 3 reactions left.

To be humbled: means to accept you are only equal, accept the responsibility, and quit being stupid.

To search for a means of control, which in a trial, such as is indicated in these writing, will mean the question shall arise: How can AI@ make the plaintiff stop? Let us review: Every reasonable opportunity was offered to settle this matter/ Every possible warning was made/ The words are CLEAR, the plaintiff is not going away! Therefore the only avenue of influence, is violence against family or friend, or to buy influence in the court (lawyers & so on) a very expensive option. This is said because WE BOTH KNOW all these things are TRUE. Therefore in this scenario the probability goes to family or friend/ the penalties are VERY CLEAR! To insure NO misunderstandings exist: I DO BELIEVE in eternity, therefore to die, as a piece of property, is a small matter to me. Understanding this, I DO ALSO BELIEVE whosoever dies or is harmed simply because they knew me, SHALL ENTER HEAVEN, without a single doubt. This reality is a deliberate decision, the consequence is not limited to me/ therefore others as may be in harms way are warned/ the decision to endanger another=s life is not without consequence, no matter how small the risk. A small amount of fear has already surfaced, because these people KNOW I will not turn away. FOR DAMAGING the relationships which are important to me, the price is $100,000.00

Which leaves only the final possibility: to attempt the destruction of this body. The end result is up to GOD as I honestly don=t care, eternity comes for us all! This outline exists for society to INVADE YOUR LIFE, should this body die/ YOU WILL LOSE EVERYTHING, because either criminally or by taking away every penny you shall ever have, your hopes, your everything dies too.

MORE IMPORTANT is this final warning: HELL begins in the descriptions of the bible, a fire will replace, Athe breath of life@. Then an INVASION of every curse ever made against you. Then a final decision: WAR or surrender? According to your final choice, it shall be done to you! It is irrelevant if you believe the warning/ what is true, determines the reality!

Death demands EVERYTHING, therefore it means you LIVE, or you will be destroyed. Hell decides how slowly, and war or surrender determines the intensity.

The question arises: If the body is only a property (a house so to speak), then death should be simple and of no great consequence! Why is death so harsh? While pain & punishment & the desire to say Agoodbye@ cannot be ignored. The answer begins in the truth, that love joins each life with all who experience this love. Because the soul (life) must leave when the body dies/ those who loved also lose a portion of their own love/ it is taken from them, they do not give it. Therefore anyone who does deliberately plan & execute intentional harm/ Does do harm to all who DO love that person. Those who willfully enslave by financial means or other/ DO also enslave all who do love that person. Those who fail to respect every human, every life/ Do also seek the destruction of all who choose love; Because respect means to HONOR life as worthy of its existence. Failure means to dispose of the Arefuse@ / (to decide others are nothing more than worthless. These things are NOT Ahard concepts! Remember them because to be destroyed means: to be examined in minute detail, one small piece at a time. A gambler says: Ahe/ she lives by their wits & instinct@ FIND YOURS! OR I predict the courtroom will be a very unpleasant experience and a lesson you will not forget.

As before, this warning is a mercy to you/ FOR ME, because every opportunity, every warning, and all necessary information has been provided to you. The reality of my involvement in any destiny you experience is absolved. YOU will choose, I merely explain, so that NO method of attack can be or ever will be found. This is NOT A TEST of wills or strength, this is a legal consequence of your actions! The result will be, a reality of the purpose of law to distinguish problems among people in society, and then substantially cause those problems and the persons which create them to stop! Either by a change in behavior/ removing the possibility of another occurrence/ or removing the person from society itself for a reasonable length of time. The purpose of justice is to realize we are not perfect, and everyone does get a little stupid sometimes.

Such is the nature and intent of this litigation, and it is up to Selimi whether he wishes to gamble with the outcome of a trial.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In the circuit court 5th judicial circuit of Ill

JAMES F. OSTERBUR

plaintiff

vs. Case no. 01- LM - 16

Alit Selimi

defendant

 

MOTION IS MADE

I, James F. Osterbur do formally request the subpoena of the following evidence from Mr. Selimi

The financial statement specifically relating to the Village Garden Restaurant in Danville IL. A business owned by Selimi for not more than 14 months.

The purpose is two-fold: the financial records sent to me by his accountant firm in Chicago, CLEARLY did not report the returned $3600.00, I paid to him/ an amount apparently pocketed as cash, yet described as an expense within the $17,000.00 that was initially charged.

The reality of the financial statement with regard to Selimi ex-partner will CLEARLY describe the actual relationship between Selimi and that partner, by describing what money did or did not change hands and when. If it indicates a relationship as was reported to me, then it supports the entirety of my case, as a specific witness of undeniable proof.

 

JAMES F. OSTERBUR

2191 cr 2500 E.

St. Joseph, IL 61873

 

 

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing pleadings and motion was served upon the above-names person by enclosing same in an envelope addressed to (one letter each):

to Alit Selimi 1310 Jeffrey Dr. Mahomet IL 61853

to Roy G. Wilcox attorney for the defendant 612 N. logan Danville, IL 61832

to The circuit court of the fifth judicial circuit vermilion county office of the clerk room 1A

7 north Vermilion Danville IL

and placing same in the U.S. postal service, certified mail, on the day listed below my signature.

I do so certify ________________________________

dated __________________________