JAMES F. OSTERBUR

 

 

VS

 

CARLE FOUNDATION HOSPITAL

THE MEDICAL INDUSTRY

& THE UNITED STATES GOVERNMENT

 

A LAWSUIT REGARDING:

INAPPROPRIATE AND WRONGFUL BILLING PRACTICE/ AND ALL THOSE WHO HAVE BROUGHT IT TO BEAR AGAINST THE AMERICAN PEOPLE.

 

In Brief, the critical reality described by flow of funds/ federal reserve/ table L5 clearly proves damages extensive enough to cause economic failure of the United States of America: in the very immediate future. This distress is caused by significant overcharging/ and these overcharges are extensively seen in the medical industry, and expected to be a primary cause. Critical truth applies the honesty of 100 million people suddenly recognizing “they have no money”/ the reality of another 100 million more people suddenly understanding their money is worthless by all accounts and measures/ and the remaining citizens frantically seizing everything they can, to protect it from the rest. These realities WILL produce insanity, and the reality of weapons a certainty beyond doubt of anarchy and terrible retribution’s.

Therefore it is declared in this trial, that if you “the wealthy” will not share or care about the others/ then you will surely find yourselves in a world without mercy or justice or peace: because to steal all these futures DOES MEAN WAR.

This trial is then a beginning defined to examine the possibilities that do exist and refine the understanding that contributes to a peaceful world. BE CAREFUL in your arrogance/ because whether you believe you are immune or not, there are those who don’t care about you as well.  BE CAREFUL in your stupidity, because to wait until the reality occurs/ is to face evil, without the possibility of mediation.

 

 

Dated:               5/17/04

As it regards this instrument of peace, the purpose is not simple judgment/ as the court prefers: this is instead an experiment, and a demand set apart by  first amendment of the constitution, wherein the right of redress of the people is set upon as the remedy most likely to institute a new and better method of allowing critical relationships to be refined into working experience/ thereby being the method of last defense, as the people themselves. Standing exists in the following terms/ as evidence creates the validity of this argument, and proves bankruptcy is inevitable.

The american government has allowed the creation of 78 trillion dollars in debt/ claiming an estimated 103 trillion dollars in assets/ divided equally by each taxpayer, 103 trillion divided by 150 million taxpayers = $686,666.66 in assets claimed by each one. In the alternative, 78 trillion dollars in debt, divided equally among 150 million taxpayers [the workers] =$520,000.00 dollars or @ 5% interest a interest only payment per taxpayer per year of $26,000.00 in a country where the average income was $28,000 in the year 2000. Americans have no money! You spent it all/ there is nothing but trust left, and that will fail, leaving the country itself open to civil war, and all types of chaos:   BECAUSE VERY MANY PEOPLE HAVE BEEN LYING.

The medical industry by examination clearly represents a distinct influence on all this debt, and all these lies. By their approach to billing, their own members claim enormous salaries and benefits/ their own businesses generate considerable reality in the ransacking of the nation. Their own greed fundamentally fuels the race to see who can steal the most:   because life, death, or a failing body are primary motives to pay the extortion, and let them say to themselves “aren’t we worth MORE”.   The answer is:   WE FEED YOU, we clothe you, we make your house, we take care of everything you require to survive/ you cannot live without us either:   step back and provide the respect WE DESERVE. Even though, there are many more, who have joined in the assault against america, the tragedy of treason and terrorism displayed by greed and complete selfishness due to pride/ it is surely the medical industry that plays a very important role is this war on us, “the people who do the work”.

 

The assignment of critical relationships thereby begin in simple terms:

 

From foundations “the declaration of independence”, that whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundations on such principles and organizing its powers in such form as to them seem most likely to effect their safety & happiness.

This concept in medical terms discovers the validity formed from the distinctions of a private enterprise, as it competes against the masses as an abuse of power. The medical professions/ in particular where body parts or function, life, or future ability is at risk:   does effectively serve as a government over the individual! Because while we may or may not be able to vote, our lives, our property, & our future is at stake/ where an educated response does not exist, there is no choice, but to let them have their way! That degree of power,  separates us as our interest in life, from them as their interest in pay/ and they use that power over us. WE have no equal stance, NO equal say, and NO opportunity to refuse/ THEREFORE A MONOPOLY EXISTS, and a concept of invasion and the need for alliances offers the patient little more than pay the extortion or die. This government promises protection from an invasion/ protection from all monopolies which might take control of our lives: and gives us nothing of it, in this matter. Because the medical monopoly controls the government with money, the nation is then reduced to politicians without honor/ because money gets them elected or they fail.

 

From the point of a right: argument begins as, the governing structures of the american way of life point directly to intervention/ in particular the bill of rights shows “that no man or set of men, are entitled to exclusive or separate emoluments or privileges from the community”: whereby the history of wrongs, in billing practice of the medical industry is widespread, and clearly prove abuse/ letting a small select set of people enormous advantage over the rest. This too, is entirely set upon within the bill or rights as against the purpose and the honor and the intent of what this constitution and therefore this nation is intended, to mean to its people. The widespread destruction of the american way of life, due to enormous debt which cannot be paid/ not even in your fantasies, require the existence of a decision which can or will alter the monopoly and create justice [107 trillion dollars divided by 7 billion people/ less 280 million americans, the debtors = $15,922.62 that america would have to pay to every living person on earth, but themselves.]   To rid, the monster that built the greed, and consumed the resources/ we MUST limit what any person can control, no one deserves tremendous amounts more than another. IF YOU DO NOT replace the futures you have stolen with concrete honesty, and clear honor, I predict this nation shall not survive. What will you exchange for your futures, for all you have expected, worked for, fought for, and even sold your soul for/ these others will make you equal, you may depend upon it?

 No college degree, is worth money: did you not have a “good time in college”/ MOST say it was the best years of their lives:   WHAT do we owe you for that? The critical question here is not “he’s picking on us”! Rather the completely one-sided nature of these relationships, where the few control the many, has brought about the very worst who choose malice over justice/ money over the promise of life/ & bankruptcy because arrogance allows it: and then  forced or taught the others to go along. This has spread throughout the medical industry without shame, causing the disease of money hoarding, trial manipulating, control of the court as money and the threat of life or limb allow,[are they not scared as well/ leave the hospital alone, I might need them] and by buying the government official because he or she requires the money to survive the politics. To your shame, you have fell from grace, and found the sewer. To your shame, you have traded the blessings of this nation for your greed. To your shame and now the reality of a broken nation, you are deciding if you shall survive.

 

Point of law, while it is true this declaration of independence/ the bill of rights, & the United States constitution  controls the governing relationship of people over people with its words: becoming the foundation of all law/ the question of freedom asks: is it true, the intent of the words was to allow one group power over all the others.  Is it true, there is nothing to be done to stop the selfish, the criminally motivated, or the criminally negligent/ or those who want nothing more than to be a social handicap [every selfish person is a social handicap, a disease infecting the rest]. Understanding of the documents above requires a critical relationship between people and government be defined:   requiring the question, does protection exist at a personal level and for a personal intent: BUT NOT for the sake of power over the others. This is the price of liberty, that a few cannot control the majority/ that a few cannot control the resource, or the government: THIS IS BY VOTE OF ALL THE PEOPLE, and they decide.    It is the identity and purpose of a democracy to give everyone the opportunity of equality and justice, and these cannot be abandoned. The issues of medical trauma in particular or body failure by any means DOES leave the victim at the mercy of medicine and society.  Then the question is, if medicine is determined to inflict further devastating financial injury upon the life of the victim: then is it not the job of this nation of people themselves to find their own voices and work through the court to establish justice and honor for society, that we may have peace?  This is NOT a guarantee of medical assistance at any cost/ but a reality that we the people must decide what the financial liabilities shall be: FAIR TO ALL, irregardless of wealth or position/ the primary method is then a percentage of income or wealth. From the declaration of independence “we mutually pledge to each other our lives, our fortunes, and our sacred honor.”  Therefore not only is the intent of protecting each other a virtue and a promise/ it is also a pledge guaranteed by the nation itself. For it is said the constitutional documents speak for the nation itself, as no man or woman can. The question of law asks here: do we the people of america have the right to intervene in any aspect of life in society, that demonstrates the inability to behave or control itself? If we do not/ then how do you explain ANY intervention by government into the affairs of private enterprise? There cannot be 2 standards: either the pollution by example of toxic practices, must be stopped, or at least moderated: or this government of the people has no right to say or do anything. Are you willing to accept that democracy fails because of any politician “a loophole that is this bureaucracy” stands in the way:   take away the bribe, and they will do differently!

 

A point of governing: is established as the preamble to the United States Constitution, these words dictate EXACTLY how and to what consequence each & every action of the governing official employed for our benefit and paid by our work, is to take for our benefit. ANY deviation from these directions constitutes a betrayal of the people, or a distinct failure of the government itself. By the evidence, these have failed miserably and should be ashamed.

The preamble:   WE the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.

The words are not vague/ nor is their intent in doubt: it is clear, for a better life/ NOT for the few, but for all.

Critical to the existence of any democracy is the guarantee of SELF-RULE! Self rule comes to mean: the basis of our direction and our purpose as a society shall be defined by our agreement, and NO ONE shall corrupt it without penalty! These decisions shall be carried through to the completion of our hope/ as reality allows.

 

Point of law:   article 4 the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches & seizures, SHALL NOT be violated......   This establishment of a constitutional demand/ a demand requiring action by government against the abuse of power/ is by no means limited to police actions, or other officials of government. The amendment does not speak so severely, but instead refers to a need and a right to expect involvement by the government, in defense of an individual being attacked in matters which mimic the exact relationship of medical emergency and the billing practice of thieves and whore’s.  The use of such language is to remind you, you are not “the upper crust of society”/ you are equal, and no more. Your work is simple, not by the concept of actions/ but by the reality of “it is just work”.

In all instances of constitutional demand, the reality is a ruling over the actions which may be inflicted upon an individual and the moment when an official must act in defense of a citizen. This controls the decision about what constitutes an offense in defiance of critical law. Critical law is the foundation applied to ANY LAW, that shall be built upon it/ as such the constitution, bill of rights, & the intent of the declaration of independence, as well as individual state documents, are that critical law/ and NOTHING of law that exists outside of these descriptions may be considered as law.   BECAUSE THESE are the agreed upon doctrines of the nation and its people, these are the expressions of the peoples themselves, & these are the price of lives and the purpose of what that democracy means to its people. You shall not destroy it/ you as an official or citizen shall live up to it, and be honored/ or you are a traitor, and a trespasser without merit.

 

 

Development of trial

 

This trial exists as an evidence supporting the need for intervention in the billing practices of the medical industry, and serves two purposes: to initiate a class action lawsuit that many may establish and discover the truth. And to serve as the establishment of a redress of the people by defining exactly how that shall occur, what shall be its rules, and how shall it be called into service as a defense for the people as intended.

This begins as an evidence defined within the aspects of an emergency room visit on feb 13/ 04. Fundamental to this cause is the assertion of carle foundation for rights as if a contractual agreement had been fulfilled. While the visit is documented and the plaintiff considers the event of a contract, and its subsequent duties for each side as honor, honesty, & truth will allow. Investigation reveals no respect, no work, and no honor/ a simple excuse, and kick him out the door.

 

Defined by law & practice,   a contract means: a promise, or set of promises, for breach of which the law gives remedy, or the performance of which the law in some way recognizes as a duty    1 williston, contracts   1 (4^th ed 1990, 1995)

 

The contract requirements: “the essentials”:   you must do the work, or payment shall not be demanded!

Contract rights:   a transaction that does not consider the work, the acceptance of any agreement without honorable work, or the fundamental issues of extortion/ establishes a GRAFT or corruption within the halls and realities of the courtroom, and the party that fails its honorable duty. In this case, no treatment, no viable diagnosis, no intent to provide an honest ethical understanding of the problem, & no decision at any juncture to provide even the most minimum of respect to me DOES constitute a failure of the defendant to provide any service: they did not, even the billing sought to simply “kick me out of the door/ and laugh behind my back”. While I do not personally care, I will not be made to pay for this treatment!

This is not “a david and goliath issue”/ none of that exists. THIS is a constitutional law demand, that issues the statement we must intervene in this matter for ourselves/ they have gone mad with power and selfishness! CHOOSE. The request for class action determines whether I am correct in this statement or not, by allowing the evidence of others to describe truth: therefore even this little case is by itself merely an introduction; the reality instead intended to be a democracy in action, or if it fails/ the portrayal of “thieves, betrayal, and treason” where only honor, justice, and respect belongs.

 

Issues of privilege: the respect necessary to accept the cost of an emergency room visit, for services rendered, was given by me! The respect necessary to achieve the fundamental credibility of any work done, FAILED to be achieved!   NO WORK / NO PAY! And further, no respectful completion of a job, means only limited pay.

 

A discipline of truth asks the question: by what measure and by what justification is a contract completed? The answer demonstrates, NOT for negligence or wanton disregard/ not as a ransom {as was done to me} or rape/ not for procedural duress {as is the result of all lawsuits}/ & not without the assurances granted within the constitution & especially the 14^th amendment and its due process of law. This is about truth, rather than moments, and the establishment of justice to all, rather than power.

A contract is completed when respect responds in the exchange of “goods or services” which are considered & trusted to be of reasonable equity & value to each other. A contract does not guarantee extortion or the free divestiture of time & property by the court for any dishonorable contract: no matter what the circumstances. Rather justice is the equitable transaction between 2 or more parties that grants to no one a monopoly over the other. In this trial the expectation of a monopoly is in clear evidence/ do I have a say apart from court: the answer is NO! CAN they affect me personally, and financially without my consent, the answer is YES!  Apart from court, there is no remedy for me/ therefore a monopoly does exist, because they can do whatever they please. They can hire legal scurvy to defend their ransom, I would not. They can buy politicians, lawyers, and judges/ because they have tremendous numbers “even though reality has made their numbers worthless”.  They can threaten the public with “let us alone, because we are your defense against death. Therefore monopoly exists without compromise.

The guarantee or promise to pay thereby proceeds to the process of civil dispute, whereby the court can charge me attorneys fees for contesting my own right if I lose/ a cost to me of probable thousands if not hundreds of thousands/ because the legal profession is as insane as the medical one. This court is thereby to be used to examine professional responsibilities, the standards used to define propriety ownership as it befits each side, and the tangible social property of a “LIVING DEMOCRACY”?  Where is “we the people, in all this”?   CHOOSE?

Herein the aspects of a trial developing within the concepts of democratic freedoms, issues again the demand for class action status against the medical industry. The evidence of dental/ prescriptions/clinics/ and all the rest  by the industry itself are present in this trial. [YOU are to understand, in all matters, the reality of billing is held to the vulnerability of the others:   no one is to stand alone/ that is not in issue here: this is not an action directed at Carle, or others] instead, the actions of the whole are under assault, and the demand is for change, by the actions of the many. This trial is about how the 1^st amendment allows this to occur, and the instructions due to society from the court.

Reality demands the examination of critical evidence as  national economic distress declares it must be so. This evidence as necessary, to the revelation of a conspiracy to steal the nation itself/ examines the proclamation that this is too much/ and we the people must stand in defense of this nation. Due care, will reveal a conspiracy against the people, that has harmed the nation to its core. How else do you define a debt of 78 trillion dollars. The latest tables produced by the federal reserve/ flow of funds, table L5 total liabilities in relation to assets. 

PROVE, THIS IS NOT AN ECONOMIC DISASTER FOR THE NATION, AND I WILL LEAVE YOU ALONE.

 

The material issue being: these, the medical industry did surely & materially establish probable cause, as HEAVY CONTRIBUTORS in this conspiracy to defraud and DID conceive of the latent defects that have shaped the invasion of trial and tribulation, and the indemnity of realities which will force the nation into its most severe test of national crisis:   YOU WILL as a nation decide if forgiveness of very many people, is worth the price of remaining as a nation! You face complete breakdown/ because you refused the truth, and accepted the lie instead.

If you refuse forgiveness/ then america dies.

 

As to demands upon the court

this trial defines the responsibilities, refines the composition, & determines the equity of FAIR PLAY/ thereby justice is expected to follow. This trial examines judicial integrity and summons the need for public involvement BASED upon critical respect for society itself. This trial thereby becomes one step in the progression from almost complete lack of power/ to the truth of what power to the people was honorably intended to mean. It is your job, to be on the side of WE THE PEOPLE, with honesty and truth.

The court is thereby asked to remedy the totalitarian jurisdiction of the medical industry, that monopoly over the people, which extorts & controls our very lives:   by helping the people to achieve their most powerful claim: to vote for the issues of importance themselves/ after a period of examination and investigation:   WHERE NO SIDE MAY ATTAIN POWER OVER THE OTHER/ THEREFORE MEDIA CONTROLS MUST BE ISSUED: for greed and arrogance have corrupted their existence!

The remedy sought is again:   OUR 1^ST AMENDMENT GUARANTEE.......a redress of grievances!   And its conclusion: the right of the people to decide for themselves, by vote! You the court shall envision the boundaries of this debate to come and cause the fundamental process of voting to begin on a certain day, and by a specific means.

This is not only within the authority of the 3 article to the constitution, section one/ it is a demand established within the 1^st amendment, that has been betrayed by the court.    FIX THIS FAILURE. This nation is by all method & manner, considered to be:   the right of the people to their own government, shall not be stolen from them anymore!

 

For greater dimensions in this ongoing mess that we must address, before it consumes us/ for discussions on the trial to come, or review of this trial and its proceedings, go to www.trialforlife.info  And click on the link first trial, then go to divided trial for a detailed review of these proceedings or the link trial, to understand the basic current position for the trial for life , for further court documents when the trial for life/ trial of life is filed. They will be found here.

That day comes later.   For now, Www.criticaleconomics.info will give you more insight in these matters and others.  

 

To the people of America, you must and will decide what you want to do/ this is your opportunity, it is not mine. You do have to choose/ like me, you have no choice but to review and accept the reality/ and then allow truth to mediate the problems and opportunities available.

 

 

FOR THE PURPOSES OF a “realistic response” from the medical industry/ the following is added

 

In rebuttal to all these remarks, carle foundation , and or the medical industry are going to describe their participation in these matters as “damages in excess of their accepted liabilities/ irregardless of an agreement cleared entered into with me in this matter by letter with carle. They are entitled to assert the pecuniary losses subject to being involved in any lawsuit are “legally severe, due to the outrage of attorney patronage by the court [giving payments or allocating payments and absolute GRAND THEFT, by the lawyers using the court, as their “goat, or more correctly their guarantor”. These issues are reserved for another time.

The reality of publicity and its effects on carle foundation is however entirely up to them. As they shall do, so the people shall see: therefore they will reap as they do sow: this is their own preference, and their own choice. Thereby it can only be stated, the lawyer fee exists as the single liability to be considered in their defense/ and I do suggest: of the thousands or tens of thousands of private citizens who could not afford a lawyer, or lost their case due to the hypocrisy & prerogative of vain & inexcusable prejudice and injustice/    TOO BAD. Warning is given, I am poor/ thereby be aware, you shall gain little from me.

The relationship of society to judge, thereby visits the last remnant of cause, as to why this case shall not be dismantled. The cause of action 254A. 2d 824, 825 understands the question of right to be:    A granted immunity by the constitution: is to FAIR AND HONORABLE TREATMENT to all [show me this is not so]. I have declared abuse & criminal trespass, not only against my possessions but by the evidence/ a clear & certain association with federal law was used “to instill fear & submission by carle foundation. The willful and purposeful misfeasance of this action with a certain and clear demand to obtain property by trespassing upon the intent of that law, & then embezzling the purpose of that law for their own intent. The majority has no defense from predatory militia’s, organized for plundering through the law. The taking by force, whether under the threat of illegitimate law or legal travesty is as with any other weapon, an execution of criminal intent.  

 It is expected and thereby necessary to guarantee security to the people: that a class action suit be established/ that fundamental investigation may be done. That critical analysis of all medical industry be analyzed. And that compulsory process for the guaranteed immunities, liberties, and rights of the constitutional documents be granted within the 1^st amendment redress of grievances and provided to the people.    WE CANNOT FOLLOW ANYMORE/ look where we are: we must choose for ourselves. The true purpose and intent of the government of the United States, is not “defined by the official”. Rather government is the words and values that bind us as one nation/ and the right of vote, is our guarantee of final say: the authority of all/ not of one.

 

Suggestions will come forth “I/ he is trying to do something for which he has NO right or legal standing”. They are wrong! I am NOT trying to do anything/ I AM confronting primary realities, with the truth that we must not hide anymore! Those who have fought against the nation, by battling to replace democracy with true selfishness/ have presented this battle, and I merely remind all who hear:   your life is in jeopardy, and this nation will soon be severely tested. The consequence of this trial is then a decision to examine with truth, by public emancipation, the reality of lies, and complete failure through the evidence presented: that we do have a choice/ it is to rebuild or die. Among the lies are: that everyone who can control money deserves it/ that money is a number, it is the work and resource of the nation and its people/ that all is lost, it is not, only your dreams of luxury and riches has been removed, your lives remain the same. BUT HEAR the truth clearly, you are liars/ you have been consuming the resources of the world, pretending you are rich, while throwing it all away: these are the actions of a traitor. And that means, in no uncertain terms;    The selfish have slandered all the American citizens, who fought from wars, to nurturing children, to hard and unforgiving work, you the selfish HAVE defamed, and caused grievous damage. Because nothing of selfishness builds/ instead it exists strictly to control the destiny of one, while enslaving or abusing or ruining the lives of any other.

 

The medical industry is NOT alone in these things, the reality and truth of it is rampant in this society, each believing:   “Let them fight for themselves”/ whereas truth says, when the game is war [whether business or other], the reality will always be UNFAIR. Equality and Justice are not toys, for your dismissal or your decision. EQUALITY sustains every nation, and JUSTICE rules over every society/ failure means apathy, arrogance, strife, terrorism, and feudalism.

 

The defendants will denounce this trial as odious to their design of “helping people through the use of money”. They will say, “we cannot provide without these funds”.

 

The plaintiff submits: if this defense is to be used/ THEN a full and complete audit and accounting of NO LESS than the last 12 years, will prove the extent of use the money provided to the people.

 

The judge will undertake civil procedure as a useful tool, “in discarding this rubbish”. HOWEVER the judge is hereby warned, of the consequence of economic depression/ the catastrophe of people realizing they truly have NO money/ & the concurrent HATRED that will consume many, as it creeps across society.      

UNDERSTANDING & THE POSSIBILITIES OF TRUE REFORM, AND TRUE POWER TO THE PEOPLE, is literally the only defense against pure anarchy, and this is one if not the only choice you have to prepare against it. I tell you the truth:   eternity is watching you!

 

Like it or not, want it or not, believe it or not/ TRUTH DOESN’T LIE! Therefore life or death for the nation is coming/ and with all your weapons and fears, the world is literally in danger. It is a guarantee: pain and suffering will multiply by every person that hides from the truth/ therefore accept your reality and begin as if your life depended upon it: because it does. If no honor or honesty can be found/ trust will die, and the gun shall rule.

 

This is a trial filed in original jurisdiction, a fact the rulers of the court keep for themselves:   but I will tell you truly, by redress of the 1^st amendment/ WE THE PEOPLE shall become rulers of the court, and it is within our jurisdiction to define what comes next. The american financial statement is drenched in lies/ therefore the money is worthless:    Our right to control, cannot be denied.

 

JAMES FRANK OSTERBUR