TO THE COURT

Re: motion to dismiss

02-L-126

Osterbur v. J. Barry Howell

REBUTTAL

JULY 16/02

The defendant claims

1. that $30,000 dollars was requested/ the defendant and his attorney KNOW this is untrue, as the amount was plainly explained to them in the previous reply letter. Plainly & deliberately it was NOT! On the contrary JUSTICE Is being sought, and opportunity to legally warn the public is expected. The $30,000 merely selects the courtroom wherein the lawsuit is filed.

2. Justice does not need a caption/ it NEEDS an honest & true hearing.

3. failure to sign was an oversight, easily corrected/ request & I will come to the court and fix that.

4. The cause is simple & plain: this dentist deliberately enticed me to do business with him/ I expected treatment for a broken tooth would have been completed LONG before 7 months went by. The defendant NOW takes me to collection, threatens financial repercussions, and fails the very simple cause of action: YOU MUST EARN THE MONEY!

This is an understandable cause of action in ANY contractual matter/ and this is a contractual matter. I agreed to let the defendant do work for me. He refused to do the work within common & ordinary guidelines, as would be expected throughout the community & nation. I refused to pay for negligible & insolent treatment, and as a consequence of his absolute disregard for HONESTY & FAIR PLAY, did commence this trial.

His actions establish a pattern of betrayal, charging & charges for work which is either insignificant to me or his actions establish an intent to "subject me to his will" so to speak. This is elemental swindling. HE did NOT desire to do the work/ therefore HE concocted a sufficient delay to drive me away, & now he cries, "pay me". The question remains, FOR WHAT?

5. There is NO multiple counts except for the reality of "I AM tired of the greedy & arrogant". I expect better and, I am, seeking the help of the court to establish justice and peace in society. This is the constitutional mandated responsibility of the court, and to deny it is akin to perjury, and contempt.

6. no one cares.

7. Understanding establishes cause: I could have said, "the defendant attempts to steal from me/ by using his status and claiming class superiority." MY WAY is better!

8. I give you NO PRAYERS/ I ask for & expect JUSTICE & that is superior to ANY RULE of the court, & the court knows it.

9. Society NEEDS RESPECT/ when justice & respect are denied/ it is society that suffers! The purpose of the court, IS RESPECT How else, can it be said "Justice has been done"!

10. The defendant WAS NOT charged for lawyer fees! HE instigated this lawsuit throughout/ first he attempts to swindle me/ then a collection process to which he is NOT entitled/ and now through a fear of what advertizing could do to his business! PLAINLY HE FAILS the test, set before him in the reply letter, and is afraid of the consequences.

I WILL OFFER THE DEFENDANT ONE DEAL, ONE TIME, NO NEGOTIATION, ONLY! I did not come to make you fear/ I DO intend to establish learning, period. Because of your fear, I will allow you to pay me $5000, and then silence the lawsuit by whatever legal method you desire! YOU HAVE ONE WEEK TO DECIDE, IF BY JULY 18.02 THE MONEY is not in my hand (allowance for the mail). The offer ends permanently.

If you do not settle/ then know for sure, that my expectation is, " the advertizing you are going to get, IS beyond you wildest expectation." SUIT YOURSELF!

IN REVIEW the the plaintiff states, in #1 that there is no forum for simple justice in the American court/ all issues are subject to money. #2 the lawyer decides to proceed in the common method, "trap him in frivolous details". #3 the question exists can such an obvious oversight really get you thrown out of court/ yes it can. #4 establishes the need for a courtroom, and the fundamental disciplines of a fair hearing, because people are not honorable, when money means more than honor. #5 when the court fails, society also begins to fail/ therefore fundamental justice, is the "glue, which holds society together". Therefore when it is your turn to fight for justice, it is a duty, not simply a need or a right. #6 more frivolous shit. #7 This is an establishment of how much the court has stolen from the process of public participation/ and provided to the lawyer, as a method of public control, for the purpose of money & greed. #8 The judicial branch expects absolute control. #9 The courtroom has become a den of thieves, not because all legal personnel is corrupt/ instead the "various supreme courts/ particularly the us supreme court" HAS chosen to destroy public participation and reform the judicial process to "the college graduate/ we aren't smart enough"! The result of this tyranny is the courtroom, and in particular the judges of the supreme court are the MOST DISCRIMINATORY PLACES AND PEOPLE, IN ALL OF AMERICA. #10 IT IS better to settle out of court, if you can/ in nearly every instance. The problem with this day is, the lawyer can and does take an inherent right, a justice, & a duty and with the help of the judge, extort the process, and blackmail the litigant by intervening in a process where only the litigants belong. The proper method of procedure relies upon a firm understanding of the facts (such as I provided), and a clear set of simple facts (such as I provided), and a court which hears honesty rather than precedent. Justice is not a history of declarations/ justice is a reality of purpose, applied to the reason which honor declares is true.

state of Illinois, champaign county

PROOF OF SERVICE BY MAIL

I, James F. Osterbur, hereby declare and certified that on the day of July 16, or 17, I have caused to be mailed by depositing in the us post office at royal Il, with proper postage prepaid the enclosed materials.

To the addresses of

Webber & Thies, PC

202 lincoln square

box 189

Urbana, IL 61803-0189

champaign county courthouse

101 E. main

Urbana IL 61801

dated July 16/02