To: Thomas, Mamer, and Haughey

For: Covenant Medical Center





In response to june 29, 1993 letter I have received NO materials of any kind from you regarding this matter since before march of 1993 NO motion to dismiss NOTHING! except for your one page June 21, 1993 and its certification page. I have underlined your words. I remind you, I have received NO motion to dismiss from you!

SEND THE WORDS!



In response to June 29, 1993 a discussion is unnecessary, those are/will remain the terms. There is only one other option apart from court available to you: The words and descriptions used within the medical records of me are inaccurate and inappropriate and unconstitutional as you altered my life without trial , without, allowance for ANY LEGAL OPTION, which IS; wrongful, demeaning, and slanderous when such terms ascribe meanings and actions detrimental to life itself. That the use of such language has been, HURTFUL to me IS EASILY PROVEN. That NO right exists to: STEAL from me may rights or reputation IS EASILY PROVEN. That medical records are personal, yet mine were used against me, can be proven. Time constraints for bringing a lawsuit against YOU DO NOT apply as the medical terms applied to me were again used by you in the emergency room whereupon this case began and again of hurtful detriment to me within the case 92-s-1561 causing the judge to be less than impartial (a review of the audible tape WILL PROVE THIS). As such and within the reality of work insurance etc, YOU DO afflict and affect me every day: THEREFORE the case is current!

I DO offer only one other option: ERASE all medical records of me, (which would include those held by lutheran general hospital) and return every penny paid in this matter and the emergency room fiasco and the matters involved between you and me will be called legally resolved for good.

James F. Osterbur



































7/5/93



To: The Honorable J.G. Townsend

champaign county courthouse





RE: 92-C-1222





I am just informed by letter from Thomas, Mamer, and Haughey: a motion to dismiss and a memorandum in support have been filed against this case.

I do hereby declare, "I have received NO such papers", when respectfully requesting said papers, "I was refused" a copy of the letters are sent.

I will assume they were lost in the mail otherwise________, I have again requested these papers and IF denied again shall file contempt motions accordingly.

With regard to case 92-c-1222, this case began as 92-s-1561 a simple money issue, it increased to case 92-c-1222, as a precaution if NO resolution could be found in 92-s-1561, NONE WAS!

I do respectfully request you to read both cases before making and decision.

Although wordy the realities involved are SIMPLE beginning slowly with an honest attempt over LESS than $1000.00 It has increased to the threshold of a multimillion dollar lawsuit covering many of the ills involved in the medical industry. The result of an ABSOLUTE AVOIDANCE of dealing with the issues and their legal responsibility to hear my complaint and produce JUST CAUSE!

A settlement may or may not be made, that IS ENTIRELY THEIR DECISION.

I have proceeded with reasonable haste regarding this case 92-c-1222 as NOTHING could be done until 92-s-1561 was decided. The delay since that time has been involved with work, life, and so on. I do expect to be fully prepared and ready IF NECESSARY within the month of august 1993, they are notified of this, As I represent myself, this IS the best I can do and it is within a one year time frame which I consider my right.



James F. Osterbur























To: David E. Krchak



RE: Osterbur V. Covenant



92-c-1222





Your letter july 12, 1993 is NOT quite correct. The letter beginning "In response to june 29,1993......" Clearly asks for a courtesy from you which was unanswered, prompting the words july 5, 1993. IF they had been sent OR IF the date of the motion had been mentioned, that letter would NOT have been sent.

HOWEVER, I was NOT correct either, due to my lack of formal training, it was assumed the motion dated October 2, 1992 was over as it had been replied to, AND NO FURTHER actions were taken until this time. It was my understanding a motion to dismiss DOES fall within time constraints and that matter was therefore over.

I do hereby apologize for that mistake, WITH the exception that, courtesy extended to me would have meant courtesy extended to you!

Your further statement of "I do not understand.....", seems unlikely to me HOWEVER I will try again: the following conditions are to be met:

1st offer:

YOU MUST

1. leave me alone

2. mark the account statement which instigated this matter PAID IN FULL

3. send a letter of apology to the collection agency and me stating an error in billing was made by Covenant Medical Center.

I WILL IN RETURN

Let this case be dismissed by the court system due to time constraints

I will NOT let it be dismissed by you

I DO NOT offer to drop the issues of a public concern RATHER the personal issues involved shall be discontinued.



2nd offer

INSTEAD of the first offer

YOU MUST

1. ERASE ALL medical records of me including those held by lutheran general hospital and christie clinic where I was sent for tooth extraction and carle hospital where I once applied for work. (they are inaccurate, inappropriate, and unconstitutional)

2. Return every penny paid in this matter, and the emergency room fiasco to me.

I WILL

Accept that the matter is/has been legally resolved for good.



7/14/1993

James F. Osterbur

You have until July 25, 1993 to reply





To: The Honorable J.G. Townsend

champaign county courthouse





The realities involved within case 92-c-1222.



Initiated as a result of my own personal experience within their emergency room (identified: my own case, is as follows)

and (review of Pleading). The treatment received WAS: UNACCEPTABLE!

The original intention, when billing issues arose was SIMPLE: TO STATE WHAT HAPPENED TO ME AND DEMAND SUITABLE ADJUSTMENT, AS IS MY RIGHT!

I approached this matter through the billing department, and various other departments to NO avail. Each said that's the bill PAY IT, NO HEARING to determine IF anything I might say had value: ONLY the bill NOT the PATIENT had value!

Having exhausted all reasonable possibilities through the hospital, I began at small claims court case 92-s-1561 EXPECTING TO BE HEARD. I received only motions to dismiss.

92-s-1561 became, amended case 92-2-1561 again requesting to be heard, and again receiving dismissal with judge Einhorn words (page 9, lines 1-5 transcript by Doncy L. Tracy january 29, 1993). My request was for a peer review: which IS a formal hearing by the medical establishment AND did bring substantial evidence to court.

Case 920-c-1222 then became my formal request for change within the medical establishment as a whole, for the RIGHT TO BE EQUAL, and have stated cause: exhibit J,K, L, AND O.

For this I received another motion for dismissal AND REPLIED; Titled (the issues, and exhibit N).

Now comes the Decision: requiring a partial disclosure of my personal life AS WELL AS, requiring covenant medical center to defend the medical establishment as a whole (the result of which could affect many people.)

I admit to delaying for some time regarding this decision BUT within a reasonable time frame. The realities involved WILL require me to defend and alter my life as well.

Let it be clearly noted I have looked for justice throughout and found very little. This case has then become a citizens demand to be treated according to the words described by constitutional statements (samples are given). MY right to ask is HONESTLY DEFINED on page 18 (a case intent upon life in human terms, NOT medical terms, NOT greed or charity, rather truth, equality and FAIR PLAY.) page 19 further explains the plight and fears of the common citizen. page 21 (workers compensation) define previous supporting judicial intervention. Page 21,22 describes legal (moral) grounds for trial, with the specific intention of controlling: "what IS FAIR AND LEGITIMATE"! Page 23 clearly defines a precedent set by the federal government.

Closing agreements page 23,24 seek to provide a beginning to the respective problems with tangible solutions.

Let it be hereby known and understood EVERY REASONABLE OPPORTUNITY, was given to, covenant medical center and their controller Serventor. They have chosen of their own free will to enter this lawsuit AND MUST now endure whatever consequences it legitimately requires: They are fully forewarned regarding: The use of media to represent my case, the expectation of using their name to represent the medical profession, the reality of subsequent cases which may or may not have originated from their establishment, to prove a monopoly exists by the medical profession over the common citizen within the context of this case.

In closing the agreements are clear and specific, the RIGHT TO TRIAL IS ABSOLUTE, Jurisdiction as the words (case) is primarily confined to MONEY AND CONTRACTS cannot be denied, the time constraints are INSUFFICIENT for denial!

As to the public aspects, I prefer the words written at the bottom, page 24: "For us ALL, it is written, There is no honor is being sick, NO value over physical health. I/WE are NOT seeking monetary reimbursement, rather we are seeking to live with Courage, Respect, and To HONOR those WE LOVE."

The DEFINITION of this statement is simple: To be EQUAL to those who otherwise attempt to RULE OUR LIVES.

That subsequent monetary reimbursement is now being considered in an amended case 92-c-1222 IS STRICTLY AND SPECIFICALLY the result of arrogance and greed (it is the only method whereby attention could be directed with ANY CERTAINTY to this case, from management). They have viewed and thereby accepted the consequences!

James F. Osterbur

























































To attorneys: Thomas, Mamer, and Haughey



Regarding: 92-c-1222





I have received your letter dated Oct 2, 1992

And DO REPLY: paragraph 1 "..... It utterly fails to advise the defendant of the basis for this charge." This statement is completely false, as the 25 pages do literally describe exactly, a portion of my own complaint and the cause of action for which this trial has begun: TO CHANGE YOUR CURRENT BILLING PRACTICES in the ways listed within those 25 pages OR in HUMAN TERMS: to methods which provide EQUALITY AND FAIR PLAY to every individual.

This case does depend on the following

1. The hospital environment DOES CONSTITUTE A MONOPOLY upon the Individual.

2. A person involved within the struggle for life and limb in REAL TERMS can NOT BE CONSIDERED legally involved in a free enterprise situation RATHER the definition of extortion is: to force money from a person by intimidation or abuse of authority. Therefore the LAW has been LAX (careless or negligent) regarding the overseeing of these matters AND I AM DEMANDING CHANGE.



And DO REPLY: "paragraph 2 (memorandum) ......the written materials constitute a general and vague harangue....." THIS STATEMENT IS COMPLETELY FALSE as the case itself defines the human condition, the problems associated with the average citizen entering a hospital are CLEARLY OUTLINED, THE REALITIES OF TREATMENT AND BILLING ARE SERIOUS (as defined by my own case), the EXPECTED remedy is SPECIFIC!



And DO REPLY: "paragraph 2 (motion) has already filed case # 92-s-1561" I have made every REASONABLE attempt to avoid a lawsuit, IF ANY RESPECT had been shown to me by the defendant PRIOR to this time: THIS LAWSUIT would have been avoided, THE DEFENDANT has chosen. I DO HEREBY REQUEST these two lawsuits be joined; 92-s-1561 to this very lawsuit 92-c-1222, to avoid unnecessary court time!



and DO REPLY: "paragraph 3 (motion).....state a cause of action for healing art malpractice as governed by section 2-622 of the Ill code of civil procedure..." Even the defense acknowledge MY RIGHT TO TRIAL. HOWEVER MY RIGHT is better stated within Illinois code of civil procedure chapter 110 section 2-616 page 527 "..... the supreme court reviewed amendments... the aforementioned provisions were designed to INSURE FAIRNESS to the litigants RATHER than unduly enhance the technical considerations of common law pleadings...."

the provisions of section 2-622 being referred to; HAVE BEEN answered on pages 14 & 15 of the lawsuit 92-c-1222 and evidence listed and EXHIBIT N show an attempt to comply. FURTHER page 13, roman numeral 5 clearly shows lawsuit 92-s-1561 was NEVER FORMALLY commenced.



and DO REPLY: "paragraph 5.....threat to reappear... and will regret it."

These words ARE an attempt to insure the defense HAS ADEQUATE WARNING with regard to my personal life. Further pages 25 & 26 of this lawsuit DECLARE the trial as PUBLIC in every sense. MEANING to the defense and its lawyers, "the medical TERMS and matters NOT SPECIFICALLY NECESSARY TO THIS CASE, in an attempt to SLANDER, OR DEFAME OR DISCREDIT MY LIFE



MAY RESULT IN A LAWSUIT INVOLVING VERY LARGE NUMBERS AS MONETARY COMPENSATION MY RIGHT OF PRIVACY IS CLEAR!



On page 26 I have stated, "I have the skills necessary for this work" these words are NOT to be construed as a legal education RATHER I have learned the MEANING of the words



JUSTICE AND JUSTIFIABLE



and will argue my CASE within these meanings.

I do further state: the use of latin (a foreign language) OR the use of numbers (as might identify isolated phrases) DOES NOT fall within my CONSTITUTIONAL RIGHTS either nationally or of this state: as evidence, the Miranda rights; allow a murderer to go free, if a policeman fails to read him/her their rights in a manner which they UNDERSTAND!

That I have a RIGHT TO TRIAL and its remedy: As a citizen of Illinois; section 1, 2, 12, 13, and 23, of the Ill Constitution ALL SPEAK TO THIS RIGHT AND CAUSE.



James F. Osterbur

















































To: Thomas, Mamer, and Haughey



RE: Osterbur V. Covenant



92-c-1222





The issues involved WILL be resolved.

The words sent by me may appear as "general and vague harangue" to you, at this time, BUT I assure you they are not.

Case 92-c-1222 IS written with the public in mind, IS intent upon empowering the public with concepts for altering specific aspects of medical "business", and written for media "30 second, video segments as well as talk show formats".

The matter is settled then and we shall enter court and MEDIA REVIEW.

Irregardless of the outcome of case 92-c-1222 WE SHALL MEET IN COURT. If case 92-c-1222 is dismissed, this case and case 92-s-1561 shall be combined into the final case (CAUSE) which will be described as: A CASE TO REMOVE THE MONOPOLY OF THE MEDICAL PROFESSION FROM ME AND FROM US ALL. 92-c-1222 and 92-s-1561 shall be my evidence and therefore every word shall be scrutinized closely.

From time to time I will send to you the questions you will NEED to answer, that you may be prepared, and choose your witness.

I do intend to bring forth issues in a timely manner and shall expect early fall as the appropriate time for hearing.

You are requested to take the matter seriously. I DO intend to allow other cases which clearly show "Monopoly" to be included in this action and have included the contract which I will be using. These are cases, NOT people, which shall be included.

Insofar as my, "RIGHT TO TRIAL", I DO redirect your attention to the pages titled (the RIGHT , as a citizen to confront injustice) a reprint is included.

That I received POOR TREATMENT BENEATH, an acceptable standard, is clearly written: (my own case is as follows, and the review of Pleading).

That covenant medical center has NEVER made ANY acknowledgment of my case or cause or person until the letter june 29,1993 and then only when confronted SERIOUSLY!

That case 92-s-1561 is the initial cause for case 92-c-1222 is completely clear. That case was heard 12/3/1993.

That I am NOT a lawyer is NOT cause to discredit my case OR sufficient reason to confine me to a timetable that is UNFAIR. Those who are private citizens REQUIRE far more time than those who are paid.

The writing "now come the attempt for adequate judicial intervention, and an examination of judicial process," CLEARLY SHOW, I, AM WORKING WITHIN THE LAW, AND: beyond and because of, a simple billing dispute (as initially entered 92-s-1561) this case 92-c-1222 has become VERY EXTENSIVE and as such AND particularly within the PUBLIC nature of this case SUFFICIENT TIME to prepare IS NOT ONLY MY RIGHT, BUT MY DEMAND!

The cause IS CLEAR! The evidence is ready



James F. Osterbur



7/21/93

































































































The RIGHT, as a citizen to confront injustice.



It is the SOLDIER who bought every right, every part, every day that FREEDOM, to choose, to be able; DESCRIBE LIFE AS REALITY, RATHER THAN, as living someone else's reality.

It is only the Vietnam War, when the individual, the man or woman was remembered on a simple wall, as this one GAVE THEIR LIFE, for your FREEDOM. There are NO POLITICS in the DEATH OF A SOLDIER, these men and women did NOT, have anything to do with why they were there, apart from citizenship!

It is written in the Bill of Rights of this country section 3. That government, is or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community;.....

It is in these words that men and women went to war, believing what the politicians did say to us all! That soldiers died for the sake of this nation and for the HONORABLE CAUSE, to help others.

The realities of war are: Those with HONOR are only a number in the words of a commander BUT THESE INDIVIDUALS PAID FOR FREEDOM WITH BLOOD, SWEAT, AND TEARS (THOSE OF EVERY WAR)!

I have come to court within the BLESSINGS OF FREEDOM (to choose peaceful arbitration of what is clearly a public controversy). As a individual citizen I DO CLAIM MY RIGHT, according to the Bill of Rights section 11: That in controversies respecting property, and in suits between man and man, the ancient trial by JURY is preferable to any other, and ought to be held SACRED.

The cost of a nation is PAID by the INDIVIDUAL, THE REASON: to choose "which rights DO pertain to them and their posterity, as the basis and foundation of government"! (taken from the introduction to the Bill of Rights).













































A REPLY TO 8/2/93





1. The foundation is SIMPLE: I/WE have a moral and legal RIGHT to contest inappropriate billing. By anyone, including the medical profession. I have CLEARLY SHOWN (the lawyer mailing are PROOF) covenant medical center has NOT dealt with me legally, as they have denied me my RIGHT to be heard regarding said inappropriate billing. The court is then obligated, and my time required for what should have been a very simple matter. The bill in question cannot be construed as voluntary, do to medical realities and as such, NO cause or case exists to state these matters were previously addressed.



2. Whatever the plaintiff is able to prove is for a courtroom (TRIAL) to decide. At this moment, section 2-622 does NOT apply as the fundamental case is: BILLING RIGHTS.

IT IS REAL however to expect the amended case as has been previously suggested, shall expand this case accordingly.



3. My rights have been violated and I have repeatedly stated: THIS MUST CHANGE, that whosoever NEEDS to arbitrate their bill WILL find it possible to do so, WITHOUT the NEED of a courtroom.

The cognizable cause of action IS: (initially IN PART, HARASSMENT)

I have been charged MONEY, a bill which I do NOT owe, they have REFUSED to arbitrate, to listen, to accept responsibility, to justify, to clarify, OR to accept their responsibility under LAW, to respectfully allow this matter be resolved under jurisdiction by the court.

HARASSMENT is warranted by their absolute failure to recognize that, "I" DO have the RIGHT to demand justification of the charges (billing) brought against me. They, covenant medical center, HAVE REFUSED ALL ATTEMPTS/ALL REQUESTS, to formally examine, all attempts to informally examine, and are attempting to DERAIL all attempts to legally examine these actions and this billing in question.

Subsequent to formal legal actions, attempts have been made by collection agency's to collect even though the matter is clearly, legally, pending through the court.

HARASSMENT is evident by the simple words: I cannot legally be charged for work which cannot/IS NOT/WAS NOT justified, particularly due to a signature, made under duress.

This entire case has been about EQUAL RIGHTS, if I can be charged, I have the RIGHT to ask, "WHAT FOR", AND DEMAND an answer.

James F. Osterbur

8/16/93













The change REQUIRED, by the lack of justice, prompted by inappropriate treatment, the failure of equitable solutions, and the uneducated DENIAL OF LAW; have BECOME the only reasons for my decision to end the search for a fair, gentle, and peaceful solution to these problems. It has become NECESSARY to end peaceful arbitration and ENGAGE in serious WAR, through LAW AND JUSTICE AND JUSTIFIABLE!

Although case 92-s-1561 began and ended as a billing dispute, it cannot be said JUSTICE was served. Meant as peaceful arbitration over an inappropriate bill, this case began when after many efforts, by the plaintiff, to be heard by the hospital staff failed without the slightest indication, I the plaintiff had ANY RIGHTS, regarding ANY MATTER involved. According to the hospital my rights (cause for complaint) ended upon signature to the admittance form. I did, clearly ask the hospital staff for arbitration (a chance to be heard, indicating I HAD BEEN TREATED BADLY) on several occasions, with different people, EACH OCCURRENCE brought the same result: "I" a patient have NO RIGHTS, PAY THE BILL at our interest rate, on our schedule, as we see fit! (NO HEARING, NO OBJECTION, NO COMPLAINTS; PERIOD)

When the letter from covenant medical center came indicating: IF I did not pay the remaining amount, I felt to be UNJUST, they would give my name to a collection agency. Herein began the search for true JUSTICE: for I paid for services I received at their price; It is for abuse, mistreatment, denial, rejection, slander, and failure I have refused to pay! Clearly I am the defendant RATHER THAN the plaintiff, in this matter, even though I was forced to begin the proceedings!

Case 92-s-1561 began as a billing dispute was enlarged because the billing dispute failed, to become case 92-c-1222. Unfortunately case 92-s-1561 remained BUT had a purpose. It became my intent to change the billing procedures of the medical profession at large, within case 92-c-1222, as defined within those (these) words. As it became necessary to pronounce at the hearing for case 92-s-1561: The most probable cause for the poverty of my treatment within the emergency room (that began this trial) is the word, attached to MY LIFE and left there, by "mercy hospital of urbana IL" NOW COVENANT MEDICAL CENTER", some years ago! WITHOUT MY CONSENT, WITHOUT ANY HEARING OR TRIAL, WITHOUT THE SLIGHTEST POSSIBILITY OF BEING HEARD OR the opportunity to give ANY EXPLANATION IN MY DEFENSE, AT ANY TIME!

At the hearing, case 92-s-1561 although clear testimony was given within the court papers; including photocopies of the law, a description of how this LAW or mandate of the Social Securities Act applies to ME and to this case; during my attempt to lay a FOUNDATION FOR CAUSE, I was interrupted by judge Einhorn who was clearly about to give judgement, NECESSITATING an end to the reasoning and primary reasons which brought about the amended complaint 92-s-1561, INSTEAD it was required to RELY ON LAW! Judge Einhorn, declared I don't understand how this law applies, DID NOT ALLOW ME TO EXPAND, DID NOT DECLARE ANY CONTRARY LAW OR REASON (LAW) WHICH EXCLUDED MY CLAIM, AND MADE JUDGEMENT, against me!

Amended case 92-s-1561 was introduced to provide a quiet arena (THE PEER REVIEW), required by LAW, and to provide money to cover the debt left by case 92-c-1222, in its previous form. I did NOT feel it to be prudent to contest the judgement against me considering case 92-c-1222 WAS/is yet to come. The previous purpose to case 92-c-1222 was merely to engage in matters of public importance, in a public forum, to begin a public debate over the issues as depicted by case 92-c-1222, AND to obtain some form of justice regarding my own case. BECAUSE, THE LAW was rejected, and a peer review is NO longer possible, the possibility of a trial without the description attached to me, within my own personal medical files, is/HAS BECOME impossible. It is for THIS REASON, that case 92-c-1222 IS HEREBY ENLARGED, to include DAMAGES:



For failure to provide a forum suitable to the relief of matters such as these $10,000.00

For injection of drugs against my wishes, lack of attention which resulted in drugs being given, by the emergency room staff $10,000.00

For Slander and rejection without an examination by the staff heart doctor $1,000,000.00

For EXTORTION: Defined by; a contract signed under DURESS FOR WHICH NO ALTERNATIVE EXISTED beyond this lawsuit, regarding money that was NEVER OWED $1,000,000.00

For unlawful victimization of MY LIFE through the use of a medical term for which; I WAS ALLOWED NO SAY, NO TRIAL OR HEARING, NO RIGHTS OF ANY KIND, AND WHICH IS WRONGFUL DEFAMATION OF CHARACTER, SLANDER, DEMEANING OF MY LIFE AND A CLEAR USURPATION OF MY CONSTITUTIONAL RIGHT OF DUE PROCESS UNDER THE LAW and VIOLATES nearly every section of the Bill of Rights. $7,000,000.00



BE IT HEREBY KNOWN: I AM THE ACCUSED, THE BURDEN OF PROOF REGARDING the medical term, I am accused of, BELONGS TO COVENANT MEDICAL CENTER!



These damages are the DIRECT RESULT OF JUDGEMENTS by the hospital staff, made without the slightest conception of JUSTICE!



These damages are sought NOT as personal gain, RATHER all but $30,000.00 (a years' salary) will be given to Christian charities for medical relief. Those who feel the numbers are inappropriate NEED only look at charges by the medical profession. I WILL REDUCE THE NUMBERS BY WHATEVER PERCENTAGE THE HOSPITAL WILL REDUCE AND MAINTAIN, THEIR RATES.