Newspaper Page Text
DECEMBER 24,2002
ness 14 days after this notice is mailed
or 10 days after this notice is first pub
lished or served by the sheriff upon the
recipient, whichever is later.
WITNESS, the Honorable Janice D. Spires,
Judge - Lisa E. Mitchell, Clerk
12-115 12/19 - 12/24
NOTICE OF USE OF TRADE NAME
RESPIRATORY MEDICAL EQUIP
MENT OF GA, INC., a Florida corpora
tion, with its principal office located at
2600 Technology Drive, Suite 300,
Orlando, FL 32804, is transacting bui
ness in HOUSTON COUNTY under
the trade name RESPIRATOPY
HOME CARE.
12-117 12/24 - 12/31
NOTICE OF INCORPORATION
Notice is given that articles of incor
poration that will incorporate, Lewis
Dental Center, Inc., have been deliv
ered to the Secretary of State for filing
in accordance with the Georgia
Business Corporation Code. The regis
tered office of the corporation is locat
ed at 101 Rachael Dr., Warner Robins,
Georgia 31088 and its initial registered
agent at such address is Phoeby K.
Lewis DMD.
12-124 12/24-12/31
NOTICE OF INCORPORATION
Notice is given that Articles of
Incorporation which will incorporate
LIGHTNING FORCE, INC. will be
delivered to the Secretary of State for
filing in accordance with the Georgia
Business Corporation Code. (O.C.G.A.
Section 14-2-201.1).
The initial registered office of the
corporation is 1105 A-2 Russell
Parkway., Warner Robins, Houston
County, Georgia 31088. The initial reg
istered agent at that office is Willie B.
Raines.
12-125 12/24 - 12/31
Notice
ADVERTISMENT FOR BIDS
On behalf of the Houston County
Board of Education, Parrish
Construction Group, Inc. is soliciting
bids from qualified subcontractors and
vendors for the Classroom Additions
for Bonaire Elementary School project
in Bonaire, Georgia. Information
regarding bid packages, bid document
availability and cost can be obtained
through the Construction Manager,
Parrish Construction Group, 221
Industrial Park Drive, Perry, Georgia by
contacting us by phone at (478) 987-
5544 or by fax at (478) 987-5536. Bids
are due no later than 2:00 PM on
January 7, 2003 at the offices of
Parrish Construction Group. All bids
received will be transported to the
Central Offices of the Houston County
Board of Education located at 1100
Main Street, Perry, Georgia where they
shall be publicly read aloud starting at
3:00 PM.
11-140 11/28 -'l/2
ADVERTISMENT FOR BIDS
On behalf of the Houston County
Board of Education, Parrish
Construction Group, Inc. is soliciting
bids from qualified subcontractors and
vendors for the Classroom Additions
for Lindsey Elementary School project
in Warner Robins, Georgia.
Information regarding bid packages,
bid document availability and cost can
be obtained through the Construction
Manager, Parrish Construction Group,
221 Industrial Park Drive, Perry,
Georgia by contacting us by phone at
(478)987-5544 or by fax at (478) 987-
5536. Bids are due no later than 2:00
PM on January 7,2003 at the offices of
Parrish Construction Group. All bids
received will be transported to the
Central Offices of the Houston County
Board of Education located at 1100
Main Street, Perry, Georgia where they
shall be publicly read aloud starting at
3:00 PM.
11-141 11/28 - 1/2
ADVERTISMENT FOR BIDS
On behalf of the Houston County
Board of Education, Parrish
Construction Group, Inc. is soliciting
bids from qualified subcontractors and
vendors for the Classroom Additions
for Morningside Elementary School
project in Perry, Georgia. Information
regarding bid packages, bid document
availability and cost can be obtained
through the Construction Manager,
Parrish Construction Group, 221
Industrial Park Drive, Perry, Georgia by
contacting us by phone at (478) 987-
5544 or by fax at (478) 987-5536. Bids
are due no later than 2:00 PM on
January 7, 2003 at the offices of
Parrish Construction Group. All bids
received will be transported to the
Central Offices of the Houston County
Board of Education located at 1100
Main Street, Perry, Georgia where they
shall be publicly read aloud starting at
3:00 PM.
11-142 11/28-1/2
ADVERTISEMENT FOR BIDS
Sealed Bids: Sealed bids for con
struction of the RICHARD B. RUS
SELL PARKWAY WATER LINE
EXTENSION will be received until 11
A.M., Thursday, January 9,2003 at the
Houston County Annex Building,
County Commissioners Office, at 200
Carl Vinson Parkway, Warner Robins,
Georgia 31085, at which tine and place
they will be publicly opened and read.
No bid may be withdrawn after the
closing tine for receipt of bids for a
period of sixty (60) days.
Contractor License: Any Contractor
submitting a bid must be licensed by
the State of Georgia. License numbers
must be written on the face of the bid
envelope. No bid will be opened unless
it contains the Contractor's license
number. See Instructions to Bidders for
additional bidding requirements.
Work To Be Done: The work to be
done shall consist of furnishing all
labor, equipment, and materials neces
sary to construct the proposed water
line extension as shown on the plans.
The work is described as follows: ±
19,000 L.F. of 16" water main, ± 1,500
L.F. of 12" water main, ± 2,000 L.F. 8"
water main, ± 1,000 L.F. of 6" water
main, fire hydrants, gate valves, fit
tings, and other necessary appurte
nances for a complete installation.
The work will be awarded in one (1)
contract.
Plans, Specifications, and Contract
Documents: Plans, specifications, and
Contract Documents may be obtained
from Carter & Sloope, Inc., 6310
Peake Road, Macon, Georgia, 31210,
Phone: (478) 477-3923, Fax: (478)
477-4691, upon payment of $250.00
for each set (non-refundable).
Prequalification of Bidders:
Prequalification may be required of
Bidders prior to award of contract. At
the Owner's request, detailed written
evidence such as financial data, bond
ing capacity, previous experience,
present commitments, and other such
data as may be necessary to assist
Owner in determining Contractor's
qualifications may be required.
Bonds: All bid forms must be accom
panied by a Bid Bond in an amount not
less than ten percent (10%) of the
amount bid. The successful bidder, if
awarded the Contract, will be required
to furnish a Performance Bond and
Payment Bond, each in the amount of
one hundred percent (100%) of the
Contract amount. All bonds must
appear on the Treasury Department's
most current Circular 570 Listing.
The Owner, reserves the right to
reject any or all bids, to waive infor
malities, and to readvertise.
12-58 12/24
ADVERTISEMENT FOR REQUEST
FOR PROPOSAL
Houston County Board of Education
Energy Conservation and Financial
Services
for Houston County School District
I. Introduction
A. The Houston County Board of
Education is interested in retaining the
services of a professional Energy
Service Company ("ESCO") in the
implementation of various projects.
B. The objective of this Request for
Proposal (RFP) is to identify the firm
most experienced in the areas of ener
gy efficiency and lease-purchase or
other financial options.
1. The firm shall work with the
Owner in the planning stages of the
projects, completion of the design
engineering for all energy conservation
measures, development of bid pack
ages, awarding of bids and manage
ment of construction.
2. The Owner will evaluate each
firm's ability to provide comprehensive
energy conservation services to
reduce the long term operating costs of
the facilities.
3. Firms will also be evaluated on
their ability to provide long-term lease
purchase options or other financial
solutions.
C. Contract: Upon selection of the
ESCO, the Houston County Board of
Education will enter into a master
agreement to include all activities
required in identifying and prioritizing a
detailed scope of services to be per
formed. Firm will be responsible for
performing life-cycle cost analysis of
all equipment options and make rec
ommendations that assist the district in
making the facilities as energy efficient
as possible. Upon development and
approval of a final scope of services,
the successful firm shall provide a
Guaranteed Maximum Price ("GMP")
to the Owner for all services to be per
formed.
I. The guaranteed maximum price
to include all costs associated with this
project and incurred by the ESCO.
E. The Houston County Board of
Education plans to select the most
qualified Firm to enter into contract as
the ESCO for the Houston County
School District.
F. Procedures: All procedures, meth
ods, and contracts utilized by the
ESCO shall comply with the require
ments of O.C.G.A. 36-91-1 et seq.
G. Proprietary Information:
Submission of a response authorizes
the School System to make inquiries
concerning the respondent and its offi
cers to any persons or firms deemed
appropriate by the School System.
11. Submission of Proposal
A. Submission Date: Sealed propos
al packages ESCO will be received by
the Houston County Board of
Education at time and in location indi
cated.
RFP packages will be received until
10:A.M. on January 14, 2003.
B. Receiving Location: Proposal
submittals shall be submitted to:
Houston County Board Of Education
1100 Main Street
Perry, Georgia 31069
Attn: David McMahan
C. Quantities of Submittals: Submit
Five (5) identical copies of the propos
al package. Firms must follow the
sequence of the request for proposal in
their response.
D. Submittal Format for Proposal
Package: Submittals to be typed on
standard (8 1/2" X 11") paper. The
pages of the proposal to be sequential
ly numbered. A table of contents, with
corresponding tabs, to be included as
well, to identify each selection.
1. Each page of submittal shall have
the name of the responding firm in the
lower right hand corner of the page.
2. To be accepted, all responses
must be submitted in a sealed package
with following data noted on the out
side of the envelope:
a. Name of Firm Submitting
tEtfe ptonte
Proposal
b. Date and Time Package Is
Due
c. Project Name: Houston
County School District
d. "Response to Energy
Conservation and Financial Services
RFPi
E. Firm Disqualification: Each
respondent shall be responsible for
verifying that submittal is complete and
accurate prior to submitting package to
the Owner. Failure to provide accurate
current responses to any or all require
ments of this request for proposal may,
at the option of the Owner, result in the
disqualification of the responding firm.
The Owner reserves the right to elimi
nate from further consideration any
responses that are deemed by the
Owner to be substantially or materially
non-responsive to the RFP.
1. Responses submitted after the
designated time and date will be
returned unopened and will not be con
sidered.
2. Proposals submitted via fax or e
mail will be rejected.
F. Contact with Owner: Except for
submission of questions, discussed
further below, submitting firms shall not
contact any members, or employees,
of the Houston County Board of
Education or the Selection Committee
regarding any aspect of this solicitation
until after the award of the contract.
Contact with the above mentioned indi
viduals might be, at the Selection
Committee's discretion, grounds for
elimination.
G. Responsibilities of Firm: It is the
responsibility of each firm to examine
the entire RFP, seek clarification in
writing, and review its proposal submit
tal for accuracy. Once the submission
deadline has passed, all proposal sub
missions will be final. The Owner may,
but is not required to, request clarifica
tion from any individual submitter rela
tive to their proposal submission, and
reserves the right to ask for additional
information from all parties that have
submitted proposals.
H. Clarifications and Questions:
Questions or requests for clarifications
to be submitted in writing to:
Attn: David McMahan
Houston County Board Of Education
1100 Main Street
Perry, Georgia 31069
Phone: (478) 988-6331
Fax: (478)988-6205
I. Submittal Limitations: It is the
Owners intent to limit the cost of
responding to this solicitation.
Submittals shall not exceed 50 pages.
Thick volumes of background and sup
plemental general marketing material
is discouraged. The Owner is seeking
thoughtful, tightly focused and respon
sive submittals to document a firm's
suitability for this program.
12-113 12719-1/9
ABANDONED VEHICLE
1984 Jeep Wagoneer - Vin#
IJCCJISNVETIO7792
Towed from John's Garage in
Warner Robins about Nov. 30, 2001. If
you can provide proof of ownership,
contact Grant's Towing at 805 Hwy.
247 - Kathleen, Ga 31047. If vehicle is
not claimed by Jan. 2nd, 2003 it will be
disposed of in accordance with the
OCGA guidelines sections 40-11-1
through 40-11-8.
12-118 12/24-12/31
CITATION
IN THE SUPERIOR HOUS
TON COUNTY GEORGIA
DEPARTMENT OF TRANSPORTATION
DOCKET NO. 2002-V-74032-N
vs. IN REM
0.087 acres of land; and certain
easement rights; and L. Wendell
Bearden; Peoples State Bank; and Jay
Rahde, individually
The said named persons and any
and all other persons known and
unknown claiming any right, title,
power, interest, ownership, equity,
claim or demand in and to the lands
hereinafter described, and all occu
pants, tenants, lessees, licensees and
all holders, owners and users of ways
and easements in, across, over and
under said land are hereby notified,
under the provisions of the Official
Code of Georgia Annotated Sections
32-3-4 through 32-3-19, providing for
the exercise of the power of eminent
domain by the State of Georgia, or any
of its subdivisions, or by any county of
such State, as follows:
That the above stated case, being a
condemnation in rem against the prop
erty hereinafter described, was filed in
said Court on the 17 day of
December, 2002; That, in accordance
with provisions of the aforesaid Official
Code, a Declaration of Taking, duly
authorized and properly executed as
provided by the Official Code, has
been made and filed in said case,
declaring the necessity for and exer
cising the power of taking the said
described lands for State-aid public
road purposes, thereby vesting the title
to same in the Department of
Transportation; and, in pursuance of
such authority,
Parcel No. 89 19.
the Department of Transportation
has deposited with the Clerk of the
Superior Court of said County
$82,805.00 as the just compensation
for the said lands described; and all
persons claiming such fund or any
interest therein, are hereby required to
make known their claims to the Court;
In accordance with the provisions of
the Official Code of Georgia
Annotated, the Plaintiff-Condemnor
has prayed the Court for Immediate
possession of said property, and all
persons having any interest in or claim
against such property, as above set
forth, are required by the Order of the
Judge of said Court to surrender pos-
session of the property to the
Department of Transportation no later
than 60 days from filing of the
Declaration of Taking.
That in accordance with the Official
Code of Georgia Annotated Section
32-3-13 through 32-3-19, if the owner,
or any of the owners, or any person
having a claim against or interest in
said property, shall be dissatisfied with
the compensation, as estimated in the
Declaration of Taking and deposited in
Court, such person or persons, or any
of them, shall have the right, at any
time subsequent to the filing of the
Declaration and the deposit of the fund
into Court but not later than 30 days
following the date of service as provid
ed for in the Official Code of Georgia
Annotated Sections 32-3-8 through 32-
3-10 to file with the Court a notice of
appeal, the same to be in writing and
made a part of the record in the pro
ceedings.
The said property, as thus affected,
is described as follows:
SEE PAGE 20-A; 20-B; 20-C; FOR
DESCRIPTION
This 17 day of December, 2002.
Carolyn V. Sullivan, Clerk Superior
Court, HOUSTON COUNTY
Parcel No. 89 20.
Project Number: STP-0668 (7)
Houston County Parcel Number: 89
Required R/W: 0.087 acres of land;
and certain easement rights
Property Owners: L. Wendeli
Bearden; Peoples State Bank; and Jay
Rahde
All that tract or parcel of land lying
and being in Land Lot 186 of the 10th
Land District of Houston County,
Georgia and being more particularly
described as follows:
BEGINNING at the point of intersec
tion of the property line between the
lands of the condemnees and the
lands now or formerly owned by
Thomas A. and Wendy Thornton with
the existing northwestern right of way
line of Houston Lake Road/County
Road 535, said point being 39.67 feet
left of and opposite station 5+211.2906
on the construction centerline of
Georgia Highway Project STP-0668
(7); running thence northwesterly
along said property line a distance of
12.18 feet to a point 51.84 feet left of
and opposite station 5+211.1113 on
said centerline; thence N 15® 27'
11.1 "E a distance of 61.97 feet to a
point 51.84 feet left of and opposite
station 5+230.0000 on said centerline;
thence N 09 44' 33.0" E a distance of
98.92 feet to a point 61.68 feet left of
and opposite station 5+260.0000 on
said centerline; thence N 39®43'34.4"
W a distance of 40.64 feet to a point
39.54 feet right of and opposite station
0+966.0000 on the construction cen
terline of Hunt Road/County Road 184,
said point also being a point on the
existing southern right of way line of
Hunt Road/County Road 184; thence
northeasterly along said existing
southern right of way line of Hunt
Road/County Road 184 a distance of
57.90 feet to a point 39.54 feet right of
and opposite station 0+983.6482 on
said centerline of Hunt Road/County
Road 184, said point also being a point
on said existing northwestern right of
way line of Houston Lake Road/County
Road 535; thence southwesterly along
said existing northwestern right of way
line of Houston Lake Road/County
Road 535 a distance of 200 feet back
to the point of BEGINNING. Said
described land being the required right
of way and is shown colored yellow on
the attached plats marked Annex 1-A.
Parcel No. 89 20-A.
BEGINNING at a point on the prop
erty line between the lands of the con
demnees and the lands now or former
ly owned by Thomas A. and Wendy
Thornton, said point being 51.84 feet
left of and opposite station 5+211.1113
on the construction centerline of
Georgia Highway Project STP-0668
(7); running thence northwesterly
along said property line to a point
56.43 feet left of and opposite station
5+211.0436 on said centerline; thence
northeasterly along a line parallel to
said centerline to a point 56.43 feet left
of and opposite station 5+230.0000 on
said centerline; thence northeasterly
along a straight line to a point 66.27
feet left of and opposite station
5+260.9738 on said centerline; thence
southeasterly along a straight line to a
point 61.68 feet left of and opposite
station 5+260.0000 on said centerline;
thence southwesterly along a straight
line to a point 51.84 feet left of and
opposite station 5+230.0000 on said
centerline; thence southwesterly along
a line parallel to said centerline back to
point of BEGINNING. Said described
land being a permanent easement for
the construction and maintenance of
slopes and utilities and is shown col
ored green on the attached plats
marked Annex 1-A. Said easement
may also be used temporarily for silt
control, to remove a building and to
construct any driveways as may be
deemed necessary by the Department
of Transportation.
BEGINNING at a point 56.43 feet
left of and opposite station 5+223.00
on the construction centerline of
Georgia Highway Project STP-0668
(7); thence northwesterly along a
straight line to a point 82.84 feet left of
and opposite station 5+223.00 on said
centerline; thence northeasterly along
a line parallel to said centerline to a
point 82.84 feet left of and opposite
station 5+238.00 on said centerline;
thence southeasterly along a straight
line to a point 59.19 feet left of and
opposite station 5+238.00 on said cen
terline; thence southwesterly along a
straight line to a point 56.43 feet left of
and opposite station 5+230.00 on said
centerline; thence southwesterly along
a straight line back to the point of
BEGINNING. Said described land
being a temporary easement for the
construction of a driveway and is
shown colored orange on the attached
plats marked Annex 1-A.
Also condemned in these proceed
ings is any title, estate, or any interest
in the entire building, as well as the
right to dismantle or remove the entire
building labeled on the above refer
enced plat as "Old Gas Station". Said
building is located partially on the
required right of way and permanent
easement described above and partial
ly on the remaining lands of the con
demnees. Said building is situated
approximately opposite station 5+250
on the construction centerline of
Georgia Highway Project STP
-0668(7).
Parcel No. 89 20-B.
The title, estate, or interest in the
above described lands, required by
condemnor and now taken by condem
nor for public use is as follows: Fee
simple title to the above described
lands all as shown colored yellow on
the plats dated the 11 day of August,
1999; Last Revised: Sheet No. 16 and
33 on March 8, 2002 and attached to
Appendix "A" to Exhibit "A" as Annex
1-A.
A permanent easement is con
demned for the right to construct and
maintain slopes and utilities and is
shown colored green on the above
mentioned plats. Said easement may
also be used temporarily for silt con
trol, to remove a building and to con
struct any driveways as may be
deemed necessary by the Department
of Transportation.
A temporary easement is con
demned for the right to construct a
driveway to connect the newly con
structed road and right of way to the
condemnees remaining lands for drive
way purposes. Said easement will
expire on July 31, 2006 and is shown
colored orange on the above men
tioned plats. Upon completion of the
project, the driveway will remain in
place for use by the condemnees.
A temporary work easement is con
demned for the right to enter upon the
adjacent lands not condemned for the
limited purpose of effectuating removal
of a building acquired herein; and the
work of removing this building shall be
done in an expeditious manner with as
little disruption to the remainder as is
practicable under the circumstance.
The easement will begin on the date
possession is granted and continue
until the building is removed or until
July 31, 2006, whichever comes first,
at which time said easement will
expire. Said building being shown on
the attached plats marked Annex 1-A
and is labeled "Old Gas Station".
Parcel No. 89 20-C.
12-119 12/24-12/31
NOTICE TO ALL PERSONS WHO
PAID A FEE TO A CHECK CASHING
BUSINESS KNOWN AS GA CATALOG
SALES, INC.
UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT
OF GEORGIA COLUMBUS DIVISION
KOGIE UPSHAW, LATISHA WASH
INGTON, ON BEHALF OF THEM
SELVES AND ALL OTHERS SIMILAR
LY SITUATED, PLAINTIFFS
V. GEORGIA (GA) CATALOG
SALES, INC., JOHN GILL, AND
UNKNOWN ENTITIES AND INDIVID
UALS, DEFENDANTS CASE NO.
4:00-CV-86-2 (CDL)
IF YOU ENTERED INTO A TRANS
ACTION WITH A BUSINESS KNOWN
AS GA CATALOG SALES AT ANY OF
ITS GEORGIA LOCATIONS AFTER
MAY 3, 1996, AND YOU DID NOT
REDEEM A CATALOG GIFT CERTIFI
CATE PROVIDED TO YOU AS PART
OF THE TRANSACTION, THIS
NOTICE WILL BE IMPORTANT TO
YOU.
A Class Action lawsuit has been filed
against GA Catalog Sales, Inc. (GCS)
and others seeking a judgment of the
Court that the Defendants pay back to
GCSfs customers the fees that GCS
collected from those customers and
other damages.
The records of GA Catalog Sales,
Inc. show that you were a GCS cus
tomer after May 3, 1996, and that you
did not use any catalogue gift certifi
cates provided to you as part of the
transaction. This notice explains:
A. The Nature and History of this
Lawsuit;
B. The Right to Be Included in, or
Excluded from, the Class; and
C. Additional Information.
A. NATURE AND HISTORY OF THE
LAWSUIT
Kogie Upshaw and Latisha
Washington have been designated by
the United States District Court for the
Middle District of Georgia at Columbus
to represent all persons who after May
3, 1996, engaged in a transaction with
GCS in which the person received a
cash advance and gave GCS a check,
and who did not redeem catalogue gift
certificates that were provided to the
person as part of the transaction. The
lawsuit claims that each check cashing
transaction was actually a loan, and
that GA Catalog Sales, Inc., John Gill,
and unknown individuals and entities
doing business as GA Catalog Sales,
Inc.: (1) violated Georgiafs interest
and usury laws by charging and col
lecting excessive interest; and (2) vio
lated the Federal Racketeer Influenced
and Corrupt Organizations Act (RICO).
Plaintiffs are seeking money dam
ages for each and every member of
the class.
Defendants have denied any wrong
doing or liability and contend that they
have complied with Georgia and
Federal law.
On April 3, 2002, Judge Clay D.
Land (the Court) certified this case
against defendants as a class action.
The Court defined the class as those
persons who after May 3, 1996,
engaged in transactions at any of
GCSfs locations in Georgia, in which
the person received a cash advance
and gave GCS a check, and who did
not redeem catalogue gift certificates
that were provided to the person as
part of the transaction. The Court des
ignated Ben B. Philips, Stanley L.
Merritt, Jr., Jack L. Block, Richard A.
Fisher, and Gary O. Bruce to be class
counsel. THE COURT HAS
EXPRESSED NO OPINION AS TO
THE MERITS OF PLAINTIFFS! ALLE
GATIONS OR DEFENDANTSf
DENIALS, OR WHETHER THE
PLAINTIFFS OR DEFENDANTS WILL
PREVAIL.
The class includes every person
who, after May 3,1996:
1. Wrote a check to GA Catalog
Sales, Inc. one or more times; and
2. Received cash from GA Catalog
Sales, Inc. for their check or checks;
and
3. Received from GA Catalog Sales,
Inc. an amount of cash less than the
amount of the check; and
4. Did not redeem at least one of the
catalogue gift certificates that were
provided to the person as part of the
transaction.
IF THE FOREGOING APPLIES TO
YOU, YOU ARE PRESENTLY A
CLASS MEMBER IN THE CASE AND
WILL REMAIN A CLASS MEMBER
UNLESS YOU CHOOSE TO
EXCLUDE YOURSELF BY OBTAIN
ING AN OPT OUT FORM AND MAIL
ING THE OPT OUT FORM TO THE
CLERK OF THE COURT. This lawsuit
does not alter or have any effect on
any current obligation you may have
under a check cashing agreement
entered into with GCS prior to May 3,
1996.
YOU ARE NOT BEING SUED AND
YOU WILL NOT BE OBLIGATED TO
PAY ANY COSTS OR ATTORNEYS
FEES IF YOU REMAIN A CLASS
MEMBER.
B. The Right to be Included or
Excluded from the Class
Under Rule 23 of the Federal Rules
of Civil Procedure, you have the
option, and the right, to be included in
or excluded from the class. If you want
to be included in the class, you may do
so in one of two ways. See 1 and 2
below. If you want to be excluded from
the class, you must take affirmative
action and follow the procedure set
forth in part 3 below.
1. If you want to remain in the class,
you do not have to do anything.
Unless you exclude yourself, you will
automatically remain a class member.
A notice was mailed to the last known
address of each class member. If you
did not receive your notice, the class
coordinator does not have your correct
address. You must notify the class
coordinator of your current address to
be eligible to receive your share of a
judgment in favor of the class. If a
judgment is rendered in favor of the
class, you may receive a money
award. In order to receive this award,
if one is made, you must notify the
Class Coordinator of any change of
address. If a judgment is rendered in
favor of Defendants, you will not be
obligated to pay any money. If you
remain in the class, you will be bound
by any judgment entered in this case
whether favorable or unfavorable.
2. As a member of the class, you
may enter an appearance through your
own attorney, or in person, to request
the Court to allow you to intervene
(participate in the case) through your
own attorney. If you do not want to be
represented by your own attorney, you
will be represented by Class Counsel.
You will not be responsible for paying
any Class Counsel attorneys fees or
expenses. Appearance by your own
attorney is not necessary to remain a
class member. If you want to appear
or intervene by yourself or through
your own attorney (at your own
expense) you must do so by February
15,2003.
3. If you wish to be excluded from
the class, you must advise the Court of
that fact by completing and returning a
Request for Exclusion form that was
mailed to all class members. If you
did not receive such form, contact the
Class Coordinator at the address
below. The Request for Exclusion
form must be postmarked by February
15,2003. If you exclude yourself, you
can still bring your own lawsuit at your
own expense against the defendants if
it is filed within the period of time pro
vided by law regarding the claims;
however, you will be barred forever
from making any claims under any
judgment awarded in this case, or
receiving any money if a settlement is
reached in this case.
4. If you have not received notice of
this action by mail, it is important to
provide a current address by calling
the number listed below if you wish to
participate in any potential recovery in
this case.
5. As a class member you will not be
required to pay any fees or expenses
in this litigation.
C. Additional Information
If you feel you need further advice
about whether you should exclude
yourself or remain as a class member,
you should contact your own attorney.
If you currently have a bankruptcy
case pending, you must contact your
bankruptcy attorney immediately
regarding your claim.
If you want additional information
about this notice, if your address is
incorrect, or if you change your
address, WRITE A LETTER to: CLASS
ACTION, Julie Boyd, P.O. Box 1503,
PAGE 9B