The Hays Daily News from Hays, Kansas on September 22, 2002 · Page 58
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The Hays Daily News from Hays, Kansas · Page 58

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Hays, Kansas
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Sunday, September 22, 2002
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Page 58
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MUSICIANS REFLECT ON MAKING A DIFFERENCE: 5TH IN A SERIES TakeNote Help from strange places Singer Chris Isaak stopped by the side of the road. Then... A FEW YEARS AGO, when my career was just starting to go places, I took a little vacation from being on the road. I got in my beat-up '64 Chevy Nova and headed back to my hometown of Stockton, Calif. It was Easter time, and everyone seemed to be heading somewhere. I looked over on the side of the road and saw a family clustered around a car with its hood up. The guy was looking under the hood like "I've never looked in here before." And the woman was looking like "Well, Honey? Can you fix it?" And the kid stood there with a baseball mitt and his Little League uniform on. I looked at that family and LEGAL NOTICE AT&T AND LUCENT TELEPHONE LEASING LITIGATION NOTICE OF PROPOSED SETTLEMENT AND FAIRNESS HEARING IF YOU RECEIVED TELEPHONE SERVICE FROM A BELL TELEPHONE COMPANY BEFORE JANUARY 1,1984, READ THIS NOTICE CAREFULLY IT MAY AFFECT YOUR RIGHTS ay be eligible 10 receive certain benefits I6-LM-983, and Sparks, et al, v. Lucent This Notice describes the Lawsuit and the propose? settlement, and advises of the date, time, and"place of a'hearing in which the Court will decide whether to give final approval to the settlement. Eligible Class members will be entitled to the settlement benefits upon properly submitting an appropriate claim form and will be bound by the orders issued by the Court regarding the settlement, unless they timely exclude themselves as explained below. DESCRIPTION OF THE LAWSUIT The Lawsuit asserts that AT&T and Lucent became unjustly enriched and violated certain consumer protection laws by, among other things, misleading customers and chargin^unconscipnably high rental charges for residential telephones. AT&T and Lucent have denied all allegations of wrongdoing and have denied afl liability to the Plaintiffs and to the Class. , , . , , WHO IS ELIGIBLE TO PARTICIPATE IN THE SETTLEMENT? You can make a claim for settlement benefits if starting before January 1,1984, and continuing without intei refund, adjustment, credit or signed a release of claims, you may be ineligible to participate or have your benefits reduced accordingly If you previously excluded yourself from the Lawsuit, you are ineligible to particioate in the settlement. WHAT_SETTTLA»ENT.BEisgFITS. ARE AVAILABLE? :lam Defendants have established a Gross Settlement Fund of^3SO.OOO,OOO.bo7or Class^nemberTlaimsTdonations to charities or other entities, attorneys' fees, costs and settlement notice and administration. Class members who leased continuously before January 1,1984, and until at least September 13,1990. will receive up to $80,00 per leased phone. Class members who leased continuously before January 1,1984, and until at l£ij eptera .LiBi 1990 '. 1 ?.!?!.™ 0 recclv ™ telephone repairs, telephone exchanges, or telephone replacements from Defendants will be entitles, attorneys' fees and other expenses exceed the amounfof the'Cross Settfement Fun3"a'vaTfable to pay'such Items, then tnepayment to claimants will be prorated after the close of the Claims Period. Making a Claim and Claim Verification. , O \°A U mus ,' m ?^ a ^ lail ? P os(m arked by January 15, 2003. Claim forms can be obtained by writing to the Settlement Administrator at P.O. Box 4850, Portland. OR 97208-4850, by calling and requesting a form at 1-877-580-2034, or by downloading one from www.phoneleases.com. Defendants shall have until March 15, 2003 to contest a claim. If your claim Is not proper according to criteria approved by the Court, you will be notified that the claim can be cured by submitting additional Information to the Settlement Administrator within ten business days Donations to Charities or other Entitles Fifty million dollars (S50,000,0007pO) of the Gross Settlement Fund will be distributed to general charities or entities in the form of 30 minute (minimum) calling cards. The charities or entities are to be jointly agreed upon by the Parties. Fairness Hearing. Attorneys' Fees. Costs and Incentive Awards The Court will hold a hearing to consider approval of the proposed settlement on November 4, 2002, beginning at 9:00 a.m. at the Circuit Court for the Third Judicial Circuit, Madison County Courthouse, Edwardsville, Illinois 62025. The hearing may be postponed to a later date without further notice. At the hearing Class Counsel may petition the Court for an award of attorneys' fees and costs in a total amount not to exceed 25% of the Gross Settlement Fund. Defendants have agreed not to oppose Class Counsel's request for a fees and costs award not more than 25% of the Gross Settlement Fund, and Class Counsel has agreed not to seek payment of more than 25% of the Gross Settlement Fund as and for its total attorneys' fees and costs. aret Little, Janet in the amount of ho were deposed and scheduled to testify during ,. the trial of this cause. CLASS COUNSEL Ex The Court has appointed Stephen M. Tillery, of CARR KOREK TILLERY, #10 Executive Woods Court, Belleville, IL 62226, as Class Counsel CLASS MEMBER RIGHTS ^^"A ??$!S? e jy ni *i l ! ro S >hi j. S f t L lc " e °';^™ d " no ' wisl y o participate in this Settlement, your written request to be excluded must be mailed and postmarked no later t telephone number, and the name of this Lawsuit (Sparks v. Lucent Technologies. Case No. 96-LM-983; Sparks v. AT&T Corp.. Case No. 01-L-166& The request for exclusion should be addressed to: AT&T Telephone Leasing Litigation, CARR KOREIN TILLERY, P.O. Box 69156, St. Louis, MO 63169. If you timely file a request for exclusion, you will not share in any Settlement funds and you will be bound by the terms of the Settlement governing opt-outs. If you do not request exclusion from the Settlement, you can object to any aspect of the proposed settlement by filing and serving a written objection. You must sign your objection personally or by legal counsel. If you intend to appear in person or through your own attorney at your own expense at the hearing described above, you must include with your objection a notice of your intention to appear at the hearing. Your objection must state your full name, current address, telephone number, and the reasons you object to the proposed settlement. The objection and any notice of intent to appear must be filed with the Court and mailed to Class Counsel and counsel for AT&T and Lucent no later " Attention: Sparks, et al. v. AT&T, No. 96-LM-983 Sparks, et al. v. Lucent, No. Ol-L-1668 Clerk of the Court Circuit Court for the Third Judicial Circuit Madison County Courthouse Edwardsville, Illinois 62025 Stephen M. Tillery Can- Korein Tillery 701 Market Street, Suite 300 St. Louis. Missouri 63101 r than October 19,2002, at: Louis F. Bonacorsi Bryan Cave LLP One Metropolitan Square, Suite 3600 St. Louis, Missouri 63102 Any class member who does not file and serve objections in the time and manner described above will not be permitted to raise those objections later. ' ADDITIONAL INFORMATION This Notice is not intended as a complete statement of the litigation. This notice is not an expression of the Court as to the merits of any of the claims or defenses asserted by the Part""- For additional Information, write to Class Counsel at the address listed above. PLEASE DO NOT Dated: August 9,2002 BY ORDER OF THE CIRCUIT COURT MADISON COUNTY, ILLINOIS said, "I know this story — I've been there." I've been that kid in the baseball uniform. I know what it's like to have a crummy car that breaks down and your parents are trying to get you someplace and you're late. So I pulled over. And I could see these people looking at me, thinking, "What's this guy doing?"—a greasy-looking guy with a funny hairstyle in a beat- up car. But sometimes help comes from strange places. So I said, "You guys want a ride?" They said, "Urn, well..." You could tell the husband knew he couldn't fix the car, but the wife seemed to be saying, "Don't get in that guy's car!" I said, "I could give one of you a ride while the rest of you wait here, or I could give you all a ride somewhere. Or I can go into town and call a tow truck for you." They decided they'd all go. They got in my car and sat there looking very tense, kind of like "Where's the machete?" The Md kept asking, "Dad, am I going to make the game?" We got the kid to the game on time, and I dropped the parents off at the gas station. They said thanks, and I took off for Stockton. I didn't think about it until about two years later. I was signing autographs after a big sold-out show in San Francisco. This guy comes up and says, "You probably don't remember me, but a couple of years ago you stopped and picked me up on Easter." He'd seen me on TV, and his wife said, "That's the guy who picked us up!" So they bought tickets to my show. It had come full circle, from me being that little kid in the baseball uniform stuck on the side of the road, grateful that someone had pulled over to help my parents, to me being able to help someone else. "Did your kid win the baseball game?" I asked. He had! ea Make A Difference Day is America's largest day of service. Please join in helping others on Saturday; Oct. 26. 1. Decide to offer a hand to people in need — by yourself or with a group. 2. Go online to get ideas and register your plans. Also register at lnkindex.com for free project supplies, including Avery products. 3. Take action Saturday, Oct. 26. (If Saturday is your Sabbath, please volunteer on Sunday, Oct. 27.) Submit an entry form that tells what you did. All efforts are eligible for $10,000 awards. Sponsors: USA WEEKEND'S Make A Difference Day is in partnership with the Points of Light Foundation, with awards from actor-philanthropist Paul Newman, who donates all after-tax profits from sales of Newman's Own products to charity. More information: 800-416-3824 or makeadifferenceday.com 16 USA WEEKEND-Sept. 20-22,2002 POINTS QfLIGHT FOUNDATION •$ USA WEEKEND

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