FOR CLARITY AND PEACE.
To:
(I will let you deliver, as you think it best).  This is not a war/ this is to establish a choice; I do appreciate the fans are not running today/ but after twenty years, next year will be different, in some reasonable and realistic opportunity; do read.

from: James f. Osterbur

dated:   12/6/09

It is clear to me, a further discussion may be necessary.

 

The legal question of this day is:   CAN a legal defense be assembled to contain the attack of one man, by whatever means upon another man?  CAN a legal defense be made: “you are free to do whatever you wish on your side of the boundary line”/  BUT WHEN YOU CROSS THAT LINE, and deliberately come onto “my property, when other options are available to you”, and take from me my peace, my work, my right to decide, and my future by attack on me: you broke the law!  You would be unwise to assume it cannot.   I offer you the lawsuits already created as a view to what would come.  The most illuminating of those is found at www.justtalking2.info;   move down the page just a bit. 
My life is no less important than yours/ my work or money is not less than yours/ my peace, heritage, family, etc; is NOT less than yours.  Consequently we have equal rights within the law, and the law has a duty to distinguish what is fair play to all.


The more important question for this day is: what can we do together in calm respect for one another, to assemble a better situation for both parties?  This will require some money and work/ BUT TO ASSUME I have not paid already  with life, money, pain, work, and reality is simply untrue.  The effects of your choice to create noise that is greater than necessary;   is the purpose of this conversation.  The issue of “why you/ is no different than why me”! Just how it is. You are not the only fans running that cause me trouble/ but you are the worst, and you run by far the longest.  The most critical aspect of any noise for me, is the tone or frequency produced/ not the volume nearly as much/ but every continual noise is a problem or more.  The primary issue for me is “get it done”/ more than anything else. I must tolerate the rest as well, and get it done matters.  While I do understand and recognize your fans have not run as much so far as in other years/ and I appreciate that fact so far.  My reality is since the elevator chose to run fans starting 3 weeks early in August (to keep shit, to blend for pennies), IT HAS ALREADY BEEN a long season for me; and my patience is a little thin. I have the apartment for one more week (not quiet here either)/ kindly get it done.


It may be, that I will not be in this area anymore by next fall/ a reality that has not yet been decided/ so there is no immediate anything to be resolved; so long as realistic use of the fans ends soon.  This is to graduate, to a more presentable possibility of conversation/ as the years have clearly caused “enough, is enough”.  While you may think this is not your problem, I guarantee you there are laws available to me; not on a strictly personal; but national level. I don’t fight for pennies.  That means you will have the option to help me work for appropriate law and solutions in a courtroom for the nation/ or if you choose war, so shall it be.
For clarity it is necessary for you to believe this is NOT a game; consequently I will explain it briefly.  At its worst, this case of tinnitus was like having a smoke detector siren going off in my ears 24 hours a day, for weeks.  IT TAKES DETERMINATION to survive; and that is a warning.  Go ahead and try a smoke detector , see how well you last/   but don’t be stupid, or you end like me!  That has been reduced by hearing loss to much less, and currently not a great problem until fall. But as fall goes by, it takes less noise to cause trouble.  Of some interest during the times it made me deaf: the reality is considered to be “can’t hear birds or people, etc/ is not nearly as isolating as can’t hear your own body”.  NOT a game.  After fall is over, it does quiet back down.  Moving is not as simple as it sounds, as this problem erupts with many types of noise.


Regardless of that, as to the little tantrum “I will run them all year, if I want”!   It is noted, that was an issue represented by “don’t mess with my world/ don’t cost me money/ don’t change my business practice and so on”.  All of which, is literally done to me each and every year for the last twenty or so.  Therefore now (you do understand) just a tiny bit.  Let it be warned such an action:  is, or would be,   a BAD idea, for you too.  As to whether Alfred runs longer by far than anyone else over the years, I have lived here before the bins came; and I know who runs long, or twice as long, or more: and who does not/ it ain’t a question, it’s a fact; that can easily be proven with utility bills.  Since you threatened me, I will provide the same: legal expenses CAN be extreme/ don’t care about me, I WON’T care about you.   But understand this is a friendly letter, with the intent to be fair.

There are questions in operations that could be addressed if you wish before next fall comes. Not extremes but reasonable issues and costs.  Not fights, but issues of practice or equipment that might help us both, me with noise/ perhaps you with more efficient drying.  I am Not prepared for that discussion now/ it has no particular purpose now; but either I move or some type of change comes for next fall. The issues of court may or may not be addressed prior to that time, it depends entirely on you. But not any time soon/ unless it is clear, an intent to harm exists.

In summary; it is likely I will move, and unlikely I will ever return.  Consequently, don’t push me, and this trouble may disappear.  My ears are bad, because this season is long; otherwise it may be, that this would not exist/ however, it does, because it is. Not your fault in that/ just twenty years of trouble is enough. Do use caution, because my patience is wearing thin/ and court is not a threat/ even if I lose everything.  Not a game/ I stayed for lawsuits, and web sites; they are nearly done.  Don’t add another.  You may view the last trial I expect to have at www.justtalking3.info if you wish.


BUT LISTEN CLOSELY and take it to heart: because this is an unusual year, I will try to be patient (not a guarantee) until December 31, 2009.   IF you choose to run a single fan, for a single minute beyond that date until next fall/ to court we will go.  If you abandon the case, “I win” and there will be consequences.  If you defend the case, your lawyers will be extremely expensive, as will the appeals.  It’s a choice/ not a threat until you make the decision to go to court.  A choice you will not be able to control after that date. The one who makes that decision, goes to court.  I DO strongly suggest you seek out a lawyer prior to making that decision, and read the lawsuits I suggested.