Retyped for electronic transfer space

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

CHAMPAIGN COUNTY, IL

JAMES F. OSTERBUR

PLAINTIFF

V.

COVENANT MEDICAL CENTER

CASE 92-S-1561

MOTION TO DISMISS

Now comes the defendant, covenant medical center, by its attorneys, Thomas Mamer, & Haughey, and hereby moves to dismiss the amended complaint filed in this action and in support of said motion, states as follows:

1. The amended complaint fails to state a cause of action upon which relief or damages can be provided. The plaintiff cites a section of the federal social securities act but does not provide any facts establishing that this act somehow relates to a claim against covenant medical center.

2. The complaint does not contain any information advising the defendant why it is claimed it is indebted to Mr. Osterbur in the sum of $956.00

3. The original complaint in this matter was dismissed and the plaintiff was given an additional opportunity to amend his complaint in conformance with law.

WHEREFORE the defendant covenant medical center, prays that the complaint filed in this matter be dismissed with prejudice under section 2-615 of the Il code of civil procedure Ill revised statutes chapter 110, paragraph 2-615 , as being insufficient to state a cause of action and for costs.

As an additional motion to dismiss, the defendant, covenant medical center states:

1. The complaint attempts to allege a healing art malpractice cause of action against the defendant medical center.

2. The plaintiff has not followed the requirements of section 2-622 of the IL code of civil procedure ( Ill revised statutes chapter 110 paragraph 2-622) in that the plaintiff has not filed an affidavit establishing the cause of action.

3. In accordance with section 2-622 (g), the defendant is entitled to a dismissal under section 2-619 of the code of civil procedure (IL revised statutes chapter 110 paragraph 2-619.

WHEREFORE, the defendant covenant medical center, prays that the amended complaint filed in this matter be dismissed with prejudice and for costs.

Covenant medical center

By David E. Krchak

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Exhibit F Covenant medical center

James F. Osterbur

RE: James F. Osterbur

account HC 026945

admission service date 07/21/90

balance $969.26

Despite previous requests, the above described account remains unpaid:

Your account is now approaching default:

it was our hope that you would pay this bill without the need for professional collection and due process. Unfortunately, as you have not made payment in full, we have prepared your file for these actions.

It is our sincere hope we can work together to resolve this matter and we must hear from you immediately; Failure to respond to this letter will leave me with no alternative but to refer your account to our collection agency.

Sincerely DOOOI

Financial counselor