JAMES F. OSTERBUR

plaintiff.

2191 cr 2500 E. ST. Joseph IL, 61873

Vs

ALIT SELIMI

defendant.

 

 

LIST OF PEOPLE EXPECTED TO BE SUPEONAED

ISEN BALAZI mahomet, IL

ROBERT ELLIS Westville IL

DENNIS SCOTT Danville IL

Mr. Selimis= now ex-partner (the name and address will be provided or WILL BE subpoenaed)

RODNEY BINGHAM, Danville IL (inspector)

REDIZ IMERI, St Joseph IL as a character witness

ROBERT DILLION loan officer for CIB bank

 

 

 

EXHIBITS

REMODELING CONTRACT

LETTER TO MR. SELIMI

 

A BRIEF DESCRIPTION:

Contracts are like a marriage, contract stands for a written declaration of Awhat I/we will do@! Current definitions, do create a description as follows; its easy to do at the beginning / like marriage it is expensive to get out! Like marriage, a number of verbal, perhaps emotional, and certainly intentional statements & actions ARE always made at the beginning: these are relied upon by both parties, as a means of Atesting@ how Aliving and working together@ will turn out. As in marriage there are always a few surprises BUT IF each participant understands A CONTRACT is about work, and IF BOTH participants are willing to make a Agood will effort,@ at a peaceful relationship, no real problem need arise. Failure to do this means someone else decides.

 

AMENDED 12/8/99 as follows:

My final written testimony in this matter; redevelops the situation established on the day partial bids were looked at. Having searched my memory for what lacks from the words already in print, is this: Mr. Bob Ellis, a partner of mine in this bidding, heard me say AI=ll go home and throw in, or more correctly pick and choose from all the work, & come back with a different bid in a couple of days (NOT an exact quote, RATHER it is exactly what I meant)@! FOR ABSOLUTE CLARITY, this was and remained a partial bid, and I already had won the bidding! To show Mr. Selimi He was indeed saving money, at his insistence, I intended to rearrange the bid to more specialized (expensive) work so there could be NO doubt/ NEVER to do this work for free/ Mr. Selimi was told in an earlier conversation in his urbana restaurant I DON=T work for free, he responded by saying I DON=T work for free either. Mr. Selimi would have received a detailed description of what I meant at that time However, Mr. Ellis became alarmed at the words, and as he was NOT consulted prior to this statement HE deserved an immediate answer! (MR. Ellis is in no way responsible, for these problems). I told him AI would protect his money and that he should not need to worry; this because Mr. Selimi had again GUARANTEED ME IN NO UNCERTAIN TERMS, that I would make money here, at this job. I also told Mr. Ellis that I needed this job for my nephew who had just come out of drug rehab where approx. $ 30,000.00 had been spent on his behalf, and even if I did this job for free, it would still be worth it to help him get his life back together! At this point I finished talking to Mr. Selimi with the words, A I=ll come back with a different bid in a couple of days@. The conversation with Mr. Ellis occurred roughly within 15 ft, in front of Mr. Selimi, and as indicated: left me NO real bargaining position, having stated plainly MY NEPHEW was far more important than the money! Therefore because Mr. Selimi, although NOT invited to listen/ certainly would have heard this conversation, and further attempts to achieve an equal business footing in such a negotiation had evaporated. Therefore no further efforts were made to clarify, preferring instead to rely entirely upon the written document (our contract). Mr. Selimi had NO QUESTIONS OR COMMENTS.

I wrote down my best offer, intending to avoid further problems. Mr. Selimi accepted the contract as written: I asked him directly AARE YOU SURE, you want to sign this contract, as is ?@ Mr. Selimi nodded YES, we signed. NO other negotiations existed, UNTIL the conversation between Isen , myself, & Mr. Selimi, as reported herein.

Argument will be made, as to the wording which exists in the handwritten document (to Alit Selimi RE contractual agreements). This document prepared in haste the evening of Mr. Selimis= CLEAR AND DELIBERATE INTENT to abandon all promises/ debts made. As to this document the words appearing on the 4th page (It IS MY testimony, without Mr. Selimis= verbal guarantee that I WOULD make money at this job/ the proposal [contract]in question would NOT have been entered into.) governs and declares and explains the REALITY depended upon by ME with regard to participating in this contract and the subsequent work. AS CLEARLY DESCRIBED throughout all corresponding documents THAT PROMISE each of them, came before ANY other negotiation or work existed.

Amended portion ends / addition of law begins

PLAINTIFF TESTIMONY

    1. Mr. Selimi & I have been acquaintances for 2 or 3 years/ although work was accomplished at the Urbana Garden Restaurant All transactions and almost all requests came from his partner Isen. Therefore, because time creates a feeling of security, usual cautions are sometimes considered unnecessary. Such is the case between Mr. Selimi and myself. Our legal battle is therefore recreated as, an expectation achieved within the concept of fair and casual circumstances! More simply, time had allowed caution to be replaced with Adecisions governed by past experiences@.
    2. This disaster begins:
    3. at about the 1st week in November 1998 Mr. Selimi purchased the right to use the property at 628 N. Gilbert, Danville IL (formerly Ritzys restaurant), as he saw fit. Mr. Selimi requested my presence and I accompanied him there on several occasions .
    4. at first the question was how much to simply open the restaurant with minimal change?
    5. I told him approximately $70,000.00 dollars altogether would allow operation to begin.
    6. The next set of questions was how much to move the restrooms?
    7. I told him approximately $30,000.00
    8. He decided the restrooms had to change but at that time nothing else was decided about the kitchen or dining area.
    9. I then suggested he should get an architect and we interviewed several. I also suggested that to keep costs down and to insure he got a kitchen he wanted, he should begin to design the kitchen as he wanted it/ I could and would draw it (to get him started).
    10. This began roughly 3 weeks of approximately 80 hours of work or time, including night visits to the restaurant to go over changes meet salespeople and so on.
    11. We eventually had a design, He selected a design person, ABILL@ from Chicago (he designed the urbana garden restaurant, but IS NOT a licensed architect).
    12. and work on painting and preparations to this building began with the understanding $15.00 dollars per hour would be charged , plus expenses, I also charged $5.00 per hour added to my own hour schedule for miscellaneous tool and truck expenses/ a charge created by the needs of the people hired as sub-contractors to do the work. Mr. Selimi was offered hire these men yourself, and you can have them at their cost; Mr. Selimi says NO.
  1. These were people who came to the site and asked for work. Work performed included painting the outside of the building a pink & gray combination.
  2. Removal of ceilings & ceiling grids removal of all but 2, ten foot long walls.
  3. Reclaiming of the used lumber, by pulling all nails, AT Mr. Slimis= request. To assure this practice would NOT cost more than new, each laborer reclaiming lumber was timed by me without their knowledge and the average cost of reclamation was approximately 75% of new, a sufficient enough savings to continue.
  4. removal of rugs, floor elevations, approx. 1600 sq. ft. ceramics by jack hammer.
  5. Disconnect & removal of all old equipment, stripping the walls of old Formica & moldings & lights & replacement of insulation, as needed.
  6. removal of the restrooms and water heater and associated hardware used with heat pump water heaters.
  7. loading and delivery of shrubs located in the front of the building to Mr. Selimis= house on 2 or 3 occasions, each weighing approximately 500 pounds.
  8. removal of a fence enclosure at the back of the building roughly 8 feet tall and a perimeter length of roughly 35 feet
  9. removal of ceiling structures used to create ceiling elevations and heavy wood ceiling decorations used for neon, and structural post coverings.
  10. I complained UNNECESSARY/ very poor design, as to the plumbers demand for concrete removal; Mr. Selimi says DO it. We then cut the concrete floor as demanded by the new plumber and removed the concrete, equivalent to a trench 16inches wide by 165 feet long, and dug a reasonable trench 6-8 inches deep, for the new plumbing pipe.
  11. After the contract is signed, the plumber insisted upon 3 to 4 feet deep in a approx. 12= by 4= area which I knew and he knew except for a 3 foot length of pipe, would only have pipe installed at a depth of 6 inches, and he insisted on a trench 16 inches or more deep throughout the rest of the trenching/ would not clarify any piping which could be cut and as a consequence we dug underneath all piping. Mr. Selimi insisted , he has a contract Do it. We complied
  12. We then trimmed the kitchen ceramic tile that remained and planed the surfaces, for new concrete and tile.
  13. Approximately 80 yards of waste (an area roughly of 3200 cubic feet, total for the job) were removed by dumpster & approximately 5-10 yards of additional material was salvaged by others, as well as removal of old kitchen appliances. Roughly 20 yards was set outside the back door & around the building as necessary (for later removal) and 2, 7 by 12 by 7 areas (the existing cooler freezer combination) were filled with materials, at Mr. Selimis= request, which he later discarded.
  14. Included in this time was the addition of a Afloating foundation@ for the new cooler, poured in concrete and a door opening cut in the back concrete wall for access. Sand was then packed as necessary within the foundation to accept the new floor of the cooler.
  15. A problem arose due to floor height and although Mr. Selimi asked me only, is the insulation better in this unit than the other, He proclaimed the floor height was my fault and proceeded to complain for the next 2 weeks. He chose the building, and floor (didn=t ask me) I explained the possible types of foundations , HE CHOSE I merely did as instructed.
  16. This building was discarded, the new foundation was cut, emptied of sand, and an alternate building was selected; consequently a new addition was added to the foundation and the door opening enlarged.
  17. The demolition, and painting, and salvage of wood, required approximately 5 weeks during which Mr. Selimi REQUIRED approximately 70 hours of my time plus 10 hours or so of evening time at his Urbana restaurant, to go over changes, problems, interview potential contractors, and so on.
  18. On more than one occasion I told Mr. Selimi and he KNEW, beyond any doubt, these men working with me, needed my supervision, he didn=t care; but insisted on my time for a variety of matters NOT directly concerned with this work. (this is important because Mr. Selimi asked for a refund of $3600.00 dollars worth of time).
  19. The last week these particular men were on the job, because they had worked hard, I intended to use 2 days, doing carpentry work, to see if any of these men could be employed for the rest of the job. Unfortunately Mr. Selimi came at approximately 8:30 am each day and left at approximately 4:30 PM EVERY day that week. I TOLD HIM plainly AI have to work with these men:, but he still didn=t care, and what should have been 2 days turned into 5and one-half days. Mr. Selimi literally stood between me & them, Aso he could ridicule@: after 2 days I gave up; deciding IF HE wants to pay for this, he will be allowed.
  20. The bill was $17,000.00 or a little more, which he paid, and then said give me back $3600.00. I complied ONLY because the last week accomplished very little DUE TO HIS OWN FAULT, but still they did work for me.
  21. THIS $3,600.00 , is now contested as MR. SELIMI DID IN FACT, create this bill for ME, without any doubt, THEREFORE IT IS OWED TO ME!
  22. AFTER Mr. Selimi tired of playing the ridicule game, four men were told they were no longer needed; DO recall it is my testimony Ait was never my intention to keep these men past 2 days unless sufficient carpentry skills were demonstrated.
  23. We now enter a 2-3 week time period where my nephew and myself worked a minimum of 50 hours each per week while we waited for the designer (bill) to create the plans for continuing, so that a bid could be made.
  24. Bill, the designer, came with the plans (for the 2nd time) that did NOT resemble Mr. Selimis= instructions.
  25. Mr. Selimi chose to use these plans, as partial plans, PLUS the drawings I had made for Mr. Selimi to illustrate the job to be done, for electrical, plumbing, and heating.
  26. General contractors (myself and one other/ that I am aware of) used bills= partial drawing for a partial bid. Bids by each of us included ONLY the dining area.
  27. With a paper in his hand, Mr. Selimi SAID Ahe had a bid from a Chicago builder,(signaling the paper he held) whom Bill, the designer, represented was the VERY SAME amount as mine@. He NEVER showed it and I was & am highly suspicious of a Chicago builder bidding on half the job!
  28. The question is: WAS THIS A LIE?
  29. Commercial law Illinois JUR 1:122 good faith and fair dealing #4 implied terms

    Every contract contains an implied covenant of good faith and fair dealing between parties to it, absent express disavowal. Similarly stated , an obligation of good faith and fair dealing is implied in every contract governed by Illinois law.84. The term Agood faith@ refers to an implied promise not to take opportunistic advantage in a way that could not have been contemplated at the time of drafting, or to do anything that will destroy or injure the other party=s right to receive the fruits of the contract. The parties are embarked on a cooperative venture, and a minimum of cooperativeness in the event of unforeseen problems is required, even if not an explicit duty of the contract.

    The covenant of good faith and fair dealing limits the exercise of discretion vested in either of the parties. 88. It requires that contractual discretion be exercised reasonably, not arbitrarily, capriciously or in a manner inconsistent with the parties= reasonable expectations 89. YY.

  30. At the time Mr. Selimi knew I was interested in the job strictly for personal not monetary reasons). The question to the court becomes: IF a lie is used, Then does this alter the contract?
  31. The definition of a lie, to make an UNTRUE statement with intent to deceive.
  32. IF Mr. Selimis= statement of a contract bid of the same amount cannot be proven, BY producing that contractor, and Bill, the designer, to verify this contractor and the amount, THEN a lie must be declared.
  33. Reality means AS IT IS OR WAS not decorated or in any sense other than the simple truth. Therefore the reality of Mr. Selimis= attempt to influence (HIS ONLY EFFORT TO NEGOTIATE, OR DISCUSS THIS WORK, OR PART THEREOF) unless proven must be a lie.
  34. The question to this court? IF a lie is used THEN does the criminal intent of conspiracy apply?
  35. The question to this court? IFA LIE (the intent to deceive) existed at the beginning BEFORE a contract was made/ with the CLEAR INTENT to achieve an otherwise unattainable advantage with regard to money or contractual obligations, assigned by said contract. Then did the purpose of that lie create a situation judged UNFAIR by common descriptions of public work & ethics principles.
  36. A crime is to DO what the public has agreed is unfair/ therefore the word criminal applies.
  37. The question to this court: IF FRAUD means Ain order to induce another to part with something of valueY@ to what extent may that fraud influence the validity of the contractual instrument as a description of debt.
  38. Personal injury and torts fraud Illinois JUR 13:28 Fraudulent concealment of cause of action The concealment contemplated by this statute must consist of affirmative acts or representations that are calculated to, and in fact do, prevent the discovery of the cause of actionY.. 13:29 Generally, the proper measure of damages in a fraud action is the loss to the plaintiff and not the gain of the defendantYY

  39. In the matter of a contract of work & money, does the description: Athe existence of a fraud, means an attempt is being made to illicit work for free or an expectation to (in some form) steal, exists@?
  40. IF so, Then does any portion or part of the instrument transferring value belong to Athe conspirator, as an enforceable document@?
  41. The question is asked: Does fraud mean IF suitable question or proof exists of a fraud having created a DIFFERENT outcome in the contract, in question, Does the criminal actions allow the criminal LEGAL standing in a dispute regarding the contract OR is the contract now the sole property of the person illegally enjoined by the contract?
  42. This question applies to the legal definition of a contract, Ato bind together@, and illustrates a compromise or any form of negotiation, developed through lies, could be considered as NULL AND VOID, with regard to a criminal intent.
  43. Illinois Jurisprudence: criminal law theft and related offenses 70:01 generally Theft is committed when a person knowingly: obtains control over property (my labor and its fair appraised value) by deceptionYY..

  44. Here, the question of fraud changes: During the initial work, ON AT LEAST 4 or 5 occasions before the contract bids were offered and on 2 very specific occasions, (the last time being within 10 minutes of opening these 2 bids) Mr. Selimi CHOSE to get 6 to 8 inches from my face with his face, and in EVERY sense intending to convey his words as Atruthful, serious, and important@ DID SAY TO ME AI WANT YOU TO MAKE MONEY HERE, at this job@ ! Of interest, no one else was around close enough to listen each time.
  45. Here apart from the intent to convey a necessity to REDUCE the price/ Mr. Selimi DOES clearly establish HIS TRUE COLORS. Mr. Selimi Does deliberately and with ALL the skill he has, EXPECT to manipulate Amy mind@ to believe, there is NO NEED to be cautious, HE GUARANTEES Aa profit@. History now knows this was a LIE!
  46. On the occasion of discussing the bids THAT GUARANTEE DID produce, when coupled with the time spent working with his partner Isen Balazi , Mr. Selimis= desired result of Aa contract Bid and agreement therein BASED UPON the certainty that; making money at this job WOULD INCLUDE at least one dollar over expenses@.
  47. The reality of this decision relies upon: 2 or 3 years of working within the restaurant AUrbana Gardens, Urbana IL@ primarily through his partner Isen. As a service and repair man for the restaurant, I billed they paid, and never questioned, Because I am FAIR.
  48. The question NOW becomes, AWHAT TRUTHFULLY, was the intent of his words, THESE VERY WORDS DID AFFECT, the outcome, the contract language, the contract bid, & the contract amount@?
  49. Mr. Selimis= DECISION at the end of the job (when I was no longer needed) with respect to Athe money@ was MR. SELIMI LIED!
  50. Here is seen not only did Mr. Selimi break his first promise AI WAS in effect guaranteed NOT to lose money@ the reality of loss IS questioned as MR. Selimi KNEW I CHARGED $15.00 PER HOUR, PER MAN and in the business world , making money means in excess of costs, INCLUDING salaries.
  51. The question to the court: to what degree should statements made, DISTINCTLY & DEFINITELY intended, to influence a decision regarding contractual obligations OR money to be spent, be seen as legally binding: second, can these statements be described as criminal intent?
  52. Illinois Jurisprudence: criminal law 70:01 YYtheft is also committed when a person obtains control over property that is either known to be stolen or which under the circumstances should reasonably have been believed to be stolen and :Y..intends to deprive the owner (me) permanently (intends never to pay) of the use or benefit of the property (my life, by the piracy of my work)

  53. MY view, the answer is created not by the words but by the harm they inflict. The words AI WANT@ when said, illustrate what an adult IS willing to pay for or steal. The description AYOU@ (indicating myself) in this case leaves no room for error or doubt. The words ATO MAKE MONEY, HERE@, define what is wanted OR more properly Awhat the adult is willing to pay for or in this case steal@.
  54. Theft as an act, is the decision by whatever means to KNOWINGLY & WILLINGLY create or take advantage of a situation by manipulation or other means in order to, Atake away something of value@. The question to be answered: WHY, was the guarantee given & WHY was the promise made?
  55. To clarify the importance of Mr. Selimis= promises a quick overview of the next promise is given: Mr. Selimi did NOT respect the contract he signed (described later) therefore a Amoney problem had to be resolved@.
  56. Mr. Selimi was informed the contract dollar amount was not sufficient to cover the actual cost of the job, this occurred at 5 weeks approximately into the job. Mr. Selimi said in the presence of Isen Balazi, AHE would do his very best, even better than his best to pay all expenses and more, but I would have to wait a little while@. This is to assure me that I should continue with the job and did spend my own money for his purposes, based upon that promise, and his testimony of his serious money troubles at this time.
  57. Mr. Selimi assures me NO financial harm shall come to me, through this promise, I continue!
  58. With respect to the money, at the end of the job (when I was no longer needed), as Mr. Selimi began to ask for lien wavers, an opportunity was sought by me, with the intent to ask what may I expect from you, if I sign these?
  59. At a request for work clearly not in the contract, I said Asome money first for this specific job, I have bills to pay.@ Mr. Selimi says no. I ask Mr. Selimi regarding any payment beyond the contract dollar amount, He will not pay now! When questioned for 10 minutes or more with a calm & reasonable attitude by me on the question: WHAT AND WHEN, SHOULD I EXPECT some type of payment? Mr. Selimi says simply: Amaybe I might pay a little, NOT the full amount of the expenses for sure (not including labor of any kind for myself) & NOT until he felt like it. This is a direct REVERSAL of his promises made earlier, AND HIS GUARANTEE!
  60. Illinois Jurisprudence: criminal law 70:01 Knowingly usesY.in such a manner as to deprive the owner permanently of its use or benefit (Mr. Selimi MADE a deliberate decision to confiscate and use for his own purposes my labor and my money)

    Illinois Jurisprudence: criminal law 70:06 Theft of labor or services or use of property a person commits theft when, by means of threat, deception, or knowingly without consent, he or she obtains the temporary use of the property, labor or services of another which are available only for hire

    Illinois Jurisprudence: criminal law 70:02 sentencing Sentences for theft offenses are directly related to the value of the property involvedYY Theft of property valued at between $10,000.00 and $100,000.00 is a class 2 felonyY

  61. The question asked of the court is: are the words, Aa guarantee, IS a guarantee@ and this cannot be considered as, Awhatever amount he chooses OR whenever he might choose to give that amount,@ INSTEAD OF; promise made / promise kept.
  62. Commercial law performance or breach Illinois JUR 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 breached78, and it is incumbent on the courts to grant appropriate relief. YY..Like any other duty imposed by the contract, when the duty of good faith and fair dealing is breached, the nonbreaching party has a cause of action on the contract.78.

  63. Mr. Selimi goes on to say: Amaybe I=ll give you a thousand dollars or even 2 thousand maybe not AND IF YOU COMPLAIN OR TELL ANYONE ABOUT THIS I=LL GIVE YOU (ME) NOTHING. THIS IS AN EXACT QUOTE! Mr. Selimi abandons his promises to me, and either believes collusion shall exist between him and Mr. Balazi or SIMPLY believes Isen, or I would not challenge this.
  64. Used with the intent to support and inform Isen and any other associate of Mr. Selimi that it is not wise to choose nationalism over truth/ there are consequences.

    I do expect Isen to tell the truth in every way However I do understand the realities involved.

    Personal injury and torts conspiracy Ill JUR 9:6 Y.a conspiracy claim may be supported by factual allegations from which the existence of an agreement can be inferred.30 However the agreement need not be written, but may be an oral undertaking or a scheme evident by acts of the parties 21YY

  65. Here the question returns to the contract and divides upon 2 issues: first Mr. Selimi requested a contract covering everything (I DID NOT AGREE), and it appears failed to understand: my contract , as described.
  66. The contract was presented 2 or 3 days after the bidding day occurred. Please bear in mind that on the day the bids were reviewed attempts were made to enjoin Mr. Selimi in a discussion of the costs of the project, the attempt was made to clarify the costs of the project, Mr. Bob Ellis attempted to discuss the costs of the project. We both waited for roughly 15 minutes for Mr. Selimi to say something besides AI=m not saving any money here@ and I finally TO GET PAST THIS IMPASSE, (the exact words I don=t remember/ these did not seem particularly important because Mr. Selimi HAD moments before in truth, guaranteed me a profit) IRREGARDLESS I DO REMEMBER (WITHOUT QUESTION) NOT SAYING: Aeverything for free@! IF, Afor free@ had existed, some type of quick statement could have and would have been signed that very day/ What was the use in writing a detailed contract, or requiring a delay in signing?
  67. The contract is prepared as defined.
  68. Commercial law performance or breach 5:44 generally; prerequisites to enforceability An action based upon a written contract must be upon the writingY.the essential terms of a contract must be definite and certain in order for a contract to be enforceable78. However, a contract is sufficiently definite and certain to be enforceable if the court is enabled from the terms and provisions thereof, under proper rules of construction and applicable principles of equity, to ascertain what the parties have agreed to do 79.

  69. The contract could NOT include everything because NO complete plans existed and changes were made up to this point and for months beyond , on an almost daily basis. To say AI=ll do everything /to present a contract covering every aspect of the job@ could NOT be done BECAUSE NO COMPLETE PLAN EXISTED. This would be akin to a situation like writing a Ablank check@ for Mr. Selimi to fill in any amount he chose, NEVER my intent.
  70. As a reference to this fact: one of the items under debate at this time was the restaurant hoods and installation thereof; at the time several sizes and arrangements were discussed as well as the alteration of the main roof support (an expensive option). The only other bid I know of for hood installation was over $29,000.00 dollars. That bid did include approximately $14,000.00 in hoods and roughly $3,000.00 in other equipment. I installed used hoods Mr. Selimi bought for $2000.00, Mr. Ellis supplied motorized equipment for about $2500.00 and I saved Mr. Selimi roughly $10,500 dollars minus flues and installation, discussed later.
  71. I tried to talk to Mr. Selimi on the bid day/ I tried to talk to Mr. Selimi on the day he was provided this contract/ I told Mr. Selimi AREAD THIS CAREFULLY, UNDERSTAND IT, SHOW IT TO ANYONE YOU LIKE, and if you wish, we will sign it in a couple of days@, directly with a raised voice (louder than normal, by quite a bit) in his ear. Mr. Selimi was not talking, so NO further explanations were given.
  72. The contract itself represents Mr. Selimis= request Ato save money here@ ; as I gave him a contract with what I considered to be an understanding of guarantee.
  73. As it regards any question concerning Mr. Selimis= knowledge of this amount, and its ability to be UNDERSTOOD, Mr. Selimi WAS provided with my notebook containing the rough estimates on known work to be done approximately 2 weeks in advance of the bid day. Added together, My portion of the work exceeded $120,000.00 dollars, and I am certain Mr. Selimi looked over the labor and materials amounts. Consequently ANY statement that Mr. Selimi could not have known the contract amount represented my trust in his honesty and fair play/ OR can not read trust exists in the contract language would be an insult to Mr. Selimis= abilities as a businessman. Trust comes from something.
  74. In conclusion regarding the signing of the contract Mr. Selimi had every opportunity to discuss the contract, read the contract, understand the contract through his lawyer, and returned with the contract VERY EAGER to sign, and had NO questions at all. I was not surprised by this as most of my competition in restaurant reconstruction are said to charge $50.00 dollars per man, per hour, plus and add on percentage for materials. Mr. Selimi held the contract for several days, at my insistence, to be certain , Mr. Selimi who demanded the contract, COULD NOT BE SURPRISED. Not by a verbal understanding, Not by any excuse or misinterpretation.
  75. It was 2-3 weeks later that it became apparent, a problem existed. Mr. Selimi began complaining at the second payment of $10,000.00 dollars that this WAS HIS MONEY and he should have at least 30 days to pay (our agreement was 3 days). Several other instances clearly established he expected me to pay for EVERYTHING. The question NOW became stop and argue, or continue and expect reason and fair play to control the outcome.
  76. Commercial law performance or breach ILL JUR 5:32 effect of breach on other party=s duties where a performing party breaks his side of a contract and the breach is material, the contract is then unenforceable, the breach having excused the other party 83. Thus simply state, if one party commits a material breach of a contract, the other party can walk away from the contract without liability 84. And 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 partyY.

  77. This suspicion became abundantly clear at about the 4th week of contract work. Mr. Selimi did not pay within the 3 day time period, it was about a week. Mr. Selimi was again billed in the customary fashion, and was again late by 10 days, and paid only half the amount billed $5,000.00 dollars at that time.
  78. Commercial law performance or breach 5:23 Failure to pay The breach of a duty to pay under a contract is an instantaneous occurrence that coincides with the moment at which the duty arises and cannot be viewed as continuing 48. Once a duty arises, but to say that a duty continues until performed would render nugatory the applicable statute of limitationsYY

  79. As I am respectful to the reality that many people do not want to discuss billing amounts in public, however I felt it necessary to forewarn Mr. Bob Ellis that Mr. Selimi is ten days late from the billing date and was late the time before, and admitted to me through Isen in the presence of Mr. Selimi, that he was 30 percent or so beyond his highest projected expenditure for the project. Mr. Selimi happened to drive in at that time and presented me a check verbally saying in Mr. Ellis= hearing . This is only one-half the amount. Mr. Selimi said his banker would NOT advance him any more money at this time. I called his personal banker, a Mr. Dillon at the central Illinois bank CIB, and asked him why? HE SAID, NOT his fault Mr. Selimi would not authorize any more than the $5000,00. MR. SELIMI LIES!
  80. Commercial law performance or breach Ill JUR 5:41 acts constituting anticipatory breach Before a renunciation can be treated as an anticipatory breach, there must be a positive and unequivocal manifestation of intention that the party will not render the promised performance when the time fixed in the contract arrives.40. Such manifestation may be in the form of a definite statement that performance will not be forthcoming or a voluntary affirmative act which renders the obligator unable or apparently unable to perform. Unless justified, a promisor=s definite statement to a promisee that the promisor will not perform its contractual duties constitutes an anticipatory repudiation of the contract.42.

  81. I was in the middle of raising the main restaurant hoods at this point and a contract dispute would have affected many people, I waited until the hoods were up and then said to Mr. Selimi the dollar amount listed in the contract will soon be spent, and we are 30 days from being completed. Isen, was there and we all held an immediate conference outside.
  82. It is at this time that Isen informs me Mr. Selimi is in money trouble. I tell both men clearly I intend to leave with NO less than the money I came with and have not been paid a single dime for my own labor to this date. Mr. Selimi reacts by saying clearly and deliberately AI will do my best, even my very best to see that you (me) are paid, but you will have to wait a little while.@ This was a guarantee made by Mr. Selimi and witnessed by Isen.
  83. Be it noted I had removed a large percentage of tools prior to this moment in case Mr. Selimis= response had been any less than this. Because of Mr. Selimis= assurances I continued with the work and because of his own money troubles, spent my own money as needed.
  84. Ill Jurisprudence: criminal law 70:03 prima facie evidence; theft by lessee When a lessee of another=s personal property fails to return it to its owner within 30 days of the owners written demand, that failure constitutes prima facie evidence that the lessee knowingly obtained or exerted unauthorized control over the property of the owner, in satisfaction of the statutory language defining the offense of theft (Mr. Selimi accepted the use of my money, which constitutes no real difference from any other tool, [offered only because he cried I=m in financial trouble] and being clearly told I want it back at the end of the job)

    70:04 prima facie evidence; intent It is prima facie evidence of intent to knowingly obtain control over property of the owner by deception1YY.

  85. As stated earlier, I did not take this job for financial gain/ rather the job represented an important security and learning experience for my nephew. When Mr. Selimi later Achanged his mind@ removing the security of my nephew=s job from him, and therefrom producing very serious consequences for him: Mr. Selimi KNEW, return of at least my investment at or close to the end of the job/even without salary for me (not one dime since the beginning) meant the ability to go on to the next job. Mr. Selimi said Ayour money troubles are your own@, consequently Mr. Selimi removed from me the ONLY REASON I gave him the contract ( 4 and one-half months of work) To secure this young man=s future, by providing a STEADY, AND SAFE environment.
  86. Commercial law performance or breach Ill JUR 5:50 Negligence or lack thereof; comparative fault The concept of fault is one of the major distinctions between contract law and tort law.

    Personal injury and torts Ill JUR infliction of emotional distress 6:27 YThe primary response is an immediate, automatic, and instinctive response designed to protect the individual from harm. It is exemplified by emotional responses such as fear, anger, grief, and shock, and is generally short in duration and subjective in natureY.

  87. Toward the end of the job Mr. Selimi began appearing with a man who apparently became his partner in this restaurant business, He was around a lot suddenly, But Mr. Selimi did NOT introduce me to him or him to me, which was unusual. I found out later Mr. Selimi had entered into a partnership with someone who had money to invest. I am told, this came before MY conversation with MR. Selimi about money as stated above lines 67 through 69. It seems clear Mr. Selimi HAD THE MONEY, or soon would have. Therefore no excuse.
  88. As there were no witness close at hand to hear our conversation, I must refer to a witnessed conversation between myself and Mr. Rodney Bingham Danville IL building inspector. Mr. Bingham told us we could do the entryway a certain way and then returned a few days later saying we could not. I questioned him in a very similar manner and method as I questioned Mr. Selimi to BE ABSOLUTELY CERTAIN no mistake on his part or my hearing could be misinterpreted, Mr. Ellis was witness.
  89. My nephew and I left after the conversation described with Mr. Selimi, returned the next day to pick up tools and did install a back door to the restaurant, as it was necessary and I did not want any excuses. I intended to finish adding safety chains and pins to the restaurant hoods to ensure nothing could happen to create an accident. However Mr. Selimi came before I had started this and wanted to know when his new buss cart enclosure would be finished, I told him its not in the contract or on any print therefore its not my obligation to provide it , so give me the money first! Mr. Selimi says AI don=t like your attitude@, and Athere are 300 million people in America, I can replace you (me) in an instant.@ And as a consequence to this encounter the job described, did not get done.
  90. Commercial law performance or breach Ill JUR 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 absolute69.

    Where a landowner has either actively created or passively permitted to continue a condition over which he has control, which renders performance of the contract more difficult or expensive, he has breached an implied contractual duty for which he must respond in damages.

  91. This is the day after our conversation stated on lines 67 - 69 and during the evening of that day I write the letter to Mr. Selimi A RE; Contractual agreements@. I had to go back to this job, and did not want to go empty handed.
  92. We leave after the conversation on line 88 with the words AI=m through here and give Mr. Selimi the letter line 89 as I leave, he follows me to the truck and says at the truck window in the presence of who I believe is his new partner quote AI promised you the moon and the stars@! I replied, and yesterday you said Amaybe a thousand or two, maybe not and if I complain or tell anyone then nothing@ ! Mr. Selimi says laughing quote , Ahave you been sleeping with dogs@! A SLANDER and I reply, watch your toes as I am now driving away.
  93. Personal injury and torts Ill JUR defamation 11:69 elements of damages Y..personal humiliation and mental distress and suffering are part of the actual harm for which recovery may constitutionally be allowed for merely negligent defamationY..

  94. I return to the Urbana Garden restaurant early the following week to say to Isen , the safety chains and pins are not yet in the hoods tell Mr. Selimi to set me a time when HE IS NOT THERE that this may be completed.
  95. Isen said a short time would be made, I went most of the way, that morning probably Wednesday, only to find I had forgotten the key and had to turn around not knowing if it was needed or not. A different date was arranged I was to meet the new assistant manager to be certain of access, probably Thursday, he was locked out. On this Saturday before opening I requested Mr. Ellis to help arrange a time on Saturday, anytime before 11: 00pm. Mr. Selimi stayed until midnight. The restaurant opened , that Monday, 24 hours a day and VERY BUSY.
  96. For these reason I DO ask the court for complete & honorable removal from ALL liability concerns/ warranty issues as well as ANY other liability or warranty, court or insurance, or other matter as may come up including those with other people, Contractors, sub-contractors etc as did work directly with me on this business.
  97. An overview of this entire job would be Mr. Selimi demanded at LEAST, 30 hours a week , EACH AND EVERY WEEK, of my time including such trivial matters as he did not want to wait for his tires to be changed on his car at sears (pick me up). I had workers who needed me to be the foreman and who Mr. Selimi KNEW could not function well without me. Mr. Selimi didn=t care and DOES become directly RESPONSIBLE for lengthening this job/ MY COST/ and the fact that the last 4 weeks of work were a minimum of 12 hour days 7 days a week.
  98. Mr. Dennis Scott a temporary worker, who was arrogantly slandered by Mr. Selimi when he simply wanted some direction as to his work, (witnessed by several) can testify to the cost involved in telling Mr. Selimi I have other things to do! Be it understood, It is critical to keep a reasonable and Afriendly@ relationship between the owner and contractor and all workers.
  99. AFederal law 8& 1227 page 22 Aliens and Nationality ch 12 report on criminal aliens section 510 of pub. L. as amended Dec 12 1991, 105 stat. 1751, A(a) In general the attorney generalY.describes the efforts of the Immigration and Naturalization service to identify, apprehend, detain, and REMOVE from the United States aliens who have been convicted of crimes in the United States.

  100. Mr. Selimi DID NOT or could not function without me. As proof, the constant need for attention and literally daily changes required of me, goes FAR beyond the duties of a general contractor. This was allowed because when my job ends , then the results must be used as is, for years to come. The right result/ the satisfaction of AI got what I wanted@ is important to the owner, and especially to the people who must use the building; I had expected an honorable outcome.
  101. Mr. Selimi hired the plumber on his own, he gave me NO choice or say, for this job. The plumber was extremely poor / would NOT cooperate with any request / would NOT finish even minor work so that help could be brought in earlier/ HAD to be told finish these bathrooms today because tomorrow I will drywall finished or NOT; ETC. He then finally had to be replaced.
  102. I complained about the plumber early on, requested that I be allowed to fire the plumber, and was told in no uncertain terms He has half the money he stays. The plumber ADDED to my expenses for this job, and it is Mr. Selimis= RESPONSIBILITY.
  103. In conclusion, I have done my part.
  104. As proof of no intent to harm or mislead, I offered EXPENSES ONLY, NO PAY FOR ME, NOTHING, just in case some part of Mr. Selimis= REVERSAL/ ACHANGE OF MIND@ could be attributable to an error on my part, AND to be certain of employment for my nephew. Mr. Selimi REFUSES MY OFFER.
  105. Commercial law performance or breach IL JUR 5:42 effect of anticipatory repudiation Where one party repudiates a contract and refuses any longer to be bound by it, the injured party must elect his remediesYY.he may attempt to keep the contract in force by awaiting the time for the promisors performance and then bringing suitY..

  106. Mr. Rediz Imeri the owner of the golden mine restaurant in St. Joseph, IL tells me Mr. Selimi is telling all his acquaintances, (many I know, and some I work for) that I have Aplotted to gain money from him secretly, in effect, by not accepting the exact contract amount, as complete payment@ (not an exact quote). I REGARD THIS AS A A LIBELOUS STATEMENT.@
  107. Personal injury and torts defamation 11:69 elements of damages Impairment of ones= reputation is the essential element and basis for an award of compensatory damagesY {BE IT KNOWN that this part of the suit is rescinded at Mr. Imeri request, Mr. Selimi is reprieved from further damages regarding this specific matter.}

  108. I am told Mr. Selimi succeeded in removing his new partner by similar methods to the way I was treated. If this is true then Mr. Selimis= behavior by repetition proves a criminal intent, and pattern.
  109. Isen, has tried to negotiate a settlement between us: I told him the price is now $22,000.00 dollars / Mr. Selimi authorizes roughly 10,000.00 dollars, including the 3200.00 still in the contract to be collected. My cost for this job in bills yet to pay, and money spent is roughly 11,000.00 dollars. Still no earned labor money for me. I say NO, and tell Isen, IF I must make preparation to go to court the price will be $31,000.00. Mr. Selimi prefers court.
  110. Mr. Selimi and I had a conversation around Christmas of 98 that I believe should instruct the court in this matter. I asked Mr. Selimi AIF a customer, stole a 20 cent salt shaker from his restaurant what would he do (this was a simple polite conversation) His answer: EVERYTHING THE LAW ALLOWS, NO exceptions, the maximum. I asked, even if this was a good customer/ its only a 20 cent salt shaker? He replied NO exceptions. I replied he would loose far more than the 20 cents/ He said He DIDN=T CARE.
  111. A final issue: Does the owner have a right to alter the contract by interfering directly with the work (taking the supervisor, away from the workers) technically stopping the work?
  112. My answer: If the owner demands attention, on the job site, he/she has technically become responsible for that time consumed and is therefore RESPONSIBLE. Regarding appropriate times to discuss the work, NOT consult, but discuss the problems and progress of the job, and be informed of changes, the appropriate answer is when others aspects of the job will not be interfered with. Consultations should be done after hours unless very important.
  113. OPTIONS FOR CONSIDERATION
  114. Option #1
  115. The contract is valid as written and enforceable UP TO the approximate date Mr. Selimi BROKE the contract by failure to pay within 3 days (instead of the actual 7 days , this was the 3rd payment. The contract IS QUITE CLEAR/ my legal responsibility ends at ANY event of failure to pay on time. Under this clause the contract language of a Acommon time & labor & material cost for this area applies: Reported to me as $50.00 per hour /per man.
  116. Option #2
  117. The contract exists as a broken instrument But because the contractor continues to work it may be considered a Reprieve by the contractor and as such the intent of the contract or agreement remains defined by the contractual heading of AREASONABLE AND FAIR TO ALL.@ A judges decision, within appropriate court guidelines.
  118. Option #3
  119. The contract ends upon failure to pay within 3 days on the second occasion, the excuse is: no written billing was given/ NOT, insufficient work accomplished! Mr. Selimi & his plumber have made me behind in this work, and no time exists for ANY trivial matter (NOT NEEDED BEFORE)! Not for a haircut, not to fix a braking problem on my truck, NO EXTRA TIME! Mr. Selimi knows this, initiated this situation and is pressing for additional workers. Mr. Selimi took an actual 10 days from the billing date (the fourth billing), and failure to pay the full amount instead of one-half the billed amount, and lying about the reason only one-half was paid CLEARLY describes Mr. Selimi INTENTIONALLY BROKE THE CONTRACT. It is also clear Mr. Selimis= lie, witnesses to his LACK OF RESPECT for the contract he signed/ lack of respect for the contractor as well. As such the contract HAS received a customary obligation to be lenient (the first time) and Mr. Selimis= rejection of the contract clause concerning payments creates a clear, simple, and deliberate failure to comply the second time. This is testified to when Mr. Selimi says, Ayou=ll get your money, I didn=t need a billing anyway@, and does pay the $5000.00 without a written bill, after the restaurant hoods are in place.
  120. Option #4
  121. The entire contract plus work distinctly related to the contract such as design & consultation be RE-ESTABLISHED at a ACOMMON labor and material rate for the area, for this specific type of work, Because FRAUD existed from its beginning. OR to examine the intent of the contract document, which was CLEARLY to say, ANO intent to harm existed from the contractor: NOT by the work, NOT by the billing, and exceptions were made to remove the contractor should a problem occur. NO problem from the contractor existed. Therefore this dispute should be mediated as Areasonable & fair@ to all. Let area general contractors currently doing this type of work, select what is fair/ area restaurateurs also.
  122. Option #5
  123. Would be an approximate cost & labor billing according to the contract, as if it remained in effect, Irregardless of Mr. Selimis= failure to pay as directed through contractual agreements, or his promises, or his guarantees, or his lying.
  124. The following list is added accordingly: AS EXTRA=S.
  125. By definition, installation does NOT include design or delivery or materials or assembly of raw materials prior to installation, unless specified. Raw materials such as sheet steel, which must be fabricated into flues, supports, etc ARE COMMONLY BOUGHT AND DELIVERED TO THE SITE, ready to install. Therefore fabrication is clearly an extra!
  126. cost for delivery & design 90.00
  127. steel approx. $1500.00
  128. fabrication into flues and structures $1400.00
  129. roof repair $350.00
  130. total hood additional cost: $3340.00
  131. After the contract was signed the plumber insisted upon excessively deep trenches EVERYWHERE, the bill was handed to me. Cost includes 3 additional labors other than myself & my nephew, for 2 days work, the rental of a trencher, cleanup, plus filling the new trenches. Also changes increased the length of the trenches by installation of a drain at the new cooler door, a cut saw & jackhammer were rented & labor used for an additional 15- 20 feet of trench. Later after it was concreted in and tiled and grouted, the concrete was again removed in a 2= by 3= area to change the location of a vegetable sink. To accommodate this change, a wall was widened and a chase included to protect the piping, concrete is added and again new tile & grout. The approximate cost $2900.00
  132. The tile, grout , & thinset, and additional concrete for the kitchen & cooler area, was approximately $600.00
  133. The plumber Failed to properly locate sewer pipes in the concrete before it was poured OR READ INSTRUCTIONS, on the plans, which clearly and deliberately stated HE WAS RESPONSIBLE to insure all measurements & locations were accurate. The plumber was hired with the understanding this WAS HIS JOB; producing plans, going to the city, etc. 5 pipes were out of line. I adjusted the walls of the pre-built restrooms to accommodate 2 but the other 3 had to be moved.
  134. To be fair, I produced the restroom drawings, because Mr. Selimi had fired his designer and the work could not proceed without this plan, however the plan was taken from me (I did not give it out) by the plumber, and I had NO opportunity to check for accuracy and we did NOT get along. Notation was made and circled, on this plan, with the plumbers name specifically stating it was the plumbers JOB to ensure all measurements were accurate. One of my measurements turned out to be wrong. The other 4 were not in doubt. An approx. 5= by 7= area of concrete is removed, 2 walls taken down & rebuilt, & then concrete, and tile and grout for the employee restroom replaced.
  135. This was the owners plumber, he gave me no choice in hiring this man, therefore he is responsible, the cost involved is approximately $850.00
  136. Rug areas were badly in need of smoothing a planer was rented and used, numerous concrete patches made and then re-planed, plus glue; at a cost of $700.00. The rugs could have been installed as it was, as a usable surface/ BUT not a good surface. Concrete preparation of this type is NOT customary in rug installation work, and NOT defined in this contract.
  137. For work done prior to change for bus cart including cutting holes, steel work, and subsequent repair of said area $200.00
  138. Iron work does not include concrete removal or repair, nor hanging tables, cost $1300.00
  139. Carpentry & Formica work are separate issues (therefore the work required to accomplish a Formica installation is open to debate) IF this may be seen as separate then for Formica work the cost is $600.00 dollars IF not, then for material & glue $260.00
  140. Installation of restroom stalls IS NOT an option therefore not an accessory. Cost $320.00
  141. The organization of ANY construction project is NOT expected to include ABABYSITTING the owner@ for a minimum of 30 hours a week for eleven weeks NOR does the organization of any project include continual changes (small changes can easily produce MAJOR HEADACHES), NOR does the organization of ANY construction project mean the owner can demand OR TAKE over the project by removing the supervisor/ foreman from his workers, without compensation. The result was a lengthening of My job at least 3 weeks, and probably MORE. The Result was a need to hire more help than expected, and these workers and their pay, AND MY workers and their pay are hereby subject to Athe EXTRA=S CLAUSE@ of said contract. That approximate cost is $7000.00
  142. The building of the front counter cabinet cost $1300.00 a necessity rather than a choice due to Mr. Selimis= constant need for attention and resultant delays. A contended sum, of $600.00
  143. The plan at the time of bidding did not include an office with storage top/ therefore heightened ceilings/ a beer storage lockup or hardware or shelf above the break table. The approx. $1800.00
  144. Before the effective contract date and after payment was received for the time & materials job an approximate 12 days of labor and material expense @ $15.00 per hour per man (Mr. Selimi knew I charged this amount) was done to Akeep the job moving/ it was necessary to be available as needed / no point in standing still@ This expense to me has not yet been billed and is/was approx. $3600.00
  145. The cost of FRP boards plus glue & trim is approx. $680.00
  146. Installation of phone lines $60.00
  147. The alteration of a sink counter cut to Mr. Selimis= specifications which were wrong and subsequent work and material to repair cost $300.00
  148. Installation, finishing, & cost of drywall cost $1400.00
  149. The removal of snow, machine plus labor, plus hand work. cost $700.00
  150. The removal of the interior front door Aair lock@, and subsequent repair (an extra) ,cost $700.00
  151. Extra=s NOT included in construction of a building are labor and equipment for the unloading and setup of new restaurant equipment cost $1200.00
  152. NO WARRANTY EXISTS IN THIS CONTRACT!
  153. No labor of any kind furnished by Mr. Selimi shall be accepted as Mr. Selimi DOES NOT fit the description of an alternate contractor, I paid all whose work I accepted as my responsibility.
  154. For aggravation and irresponsible actions, RESULTING IN/Time and Labor necessary for the preparations of this testimony as a lawsuit for myself / work lost ( an opportunity to invest in rental property/ NOT enough work lined up without this investment (job) to keep both of us employed: my dad & mom ,did buy this property : thirty days or so later) $7,000.00
  155. Pain and Suffering as it relates to the situation created by Mr. Selimi which my nephew must endure subsequent jail sentence of 30 days/ revoked license/ court, state, and lawyer fees, insurance hikes: All because of greed! $30,000.00
  156. TO BE CLEAR, My nephew IS a strong young man whose life changed from kindness & love can fix anything to Aeven people I love & who love me ARE attacking me@. It takes time to adjust. And a steady, patient, & secure environment to accept this type of change. Mr. Selimis= greed subjected both of us to unwarranted stress.

  157. As a testimony to Mr. Selimis= intent, regarding myself, this is added: Mr. Selimi tried his best to cause me to AHIRE the most expensive people available@ those I had to pay for, during the last 4 weeks of my work. I believe He knew at that time, how he would be treating me, at the end of the job.
  158. Issue is made in, the letter, over the expense of materials regarding ceiling tile & grid, an approx. $1700.00, in materials. This matter is noted, rather than demanded because Review of the contract does not indicate a clear & substantial right. A possible flaw in the wording, rather than Aa flaw in the Right@ (a JUDGES= DECISION).

CONCLUSIONARY STATEMENT

Mr. Selimi will say Ahe/I was not organized/ he/I could have hired a foreman or more skilled labor.

I say: Constant interruptions, the irritation of Amoney/owner problems@ and my ABSOLUTE right to be foreman NOT, A baby-sitter@. Establish this argument in may favor.

As to the consequences of trial: Mr. Selimi is advised in advance, the cost of this contract dispute could exceed $120,000.00 dependent upon the descriptions of slander and libelous actions, and that outcome.

The JUDGE will decide if this evidence goes to the states= attorney for criminal investigation.

Your EX-partner, or Mr. Scott, could use these words against you.

CONSULT YOUR LAWYER/ you have 10 days from the date on this testimony to make me an offer I will accept.

IF the check IS CASHED BY ME! THEN I have accepted, and the lawsuit ends, and I will NOT file.

IF the amount is UNACCEPTABLE BY ME! THEN it will be held as evidence NOT CASHED/ Not given back. NO NEGOTIATION SHALL EXIST/ NO QUESTION REGARDING THE AMOUNT ANSWERED SIMPLY YES OR NO!

IF court: then court, the law, and a lawyer & lawyer fees shall be added, Plus time spent in court assessed and charged.

To Mr. Selimi: years ago, a similar situation involving a small amount of money occurred to me, I let him go, because to pursue him meant he could/would FAIL / for an eternity. AHell@ is not vengeance from god, Rather those people who TRULY CURSED; the person who took away their eternity by making this life unbearable, were heard!

YOU, have enough LOVE inside to survive this test: CHOOSE LOVE and be happy OR receive this warning:

 

To Mr. Selimi directly, because the reality is so very harsh, this warning is given to you:

HELL, is the destiny of all who choose, Aanything beyond or before life (includes more than your own)@ Those who choose hatred, greed, lust, power and more over life in all its forms, DO destroy themselves. They do so by sinking ever FARTHER, away from life, and more & more each one becomes simple self. Here YOU become FOREVER ALONE and because there is NO place else to go, YOU (IF YOU FAIL) MUST descend into the depths of your own soul. Here all are subjected to Athe treasures (manipulation & power) of yourself@ ONLY that which is you, is the intruder, as you were alive & now/then you are dead. Death means : WITHOUT power, energy, confined by fear; SURROUNDED by every imagination described by death!

Into this (if you fail) YOUR RULER comes. Simply FEAR MULTIPLIED!

Many propose Awe are dirt & simply return to the dirt@ If this were true, THEN answer this: how can Adirt@ be alive? RATHER BELIEVE THIS we as life are energy, and energy never dies it is merely transformed.

This IS SAID; FOR YOUR BENEFIT, AND FOR NO OTHER REASON.