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Show Pae 8 June 2, 2001 Cars & tlhe For Sale... Trucks... 1981 PONTIAC FIREBIRD WESTERN STATES AUCTION. Twin Falls Fairgrounds. Filer, Idaho. July dralt Consignments wanted buggy horses, mules, wagons, buggies. cowboy collectibles, horse machinery, antigues. Tom Harrower, with Chevy 400 small block engine. Primed, ready to pamt. 53.500 OBO. Call or (435) (435) 527-402- 4 00 PAID NEW"' FROM ST GEORGEFORd' Real Estate... 50 Super comtorl. low price. Awesome Queen Pillow Topmattress set 12 yr warranty Lists $700, only S299. Free Delivery'. See online www bedsutah com. (801) 604-200- $107,000. Call (435) Yard Sales.. - 125 chan- nels trom $29.99 month including locals. HBO and STARZ 2 tor 1, for 3 months. S&H. Restrictions apply. (ucan) 22 PAID YARD SALE SCSI card. OS X 10.33 installed, 17" inch color monitor, AGFA Sludio Star Scanner, keyboard, mouse. Two complete systems, S500 each. Call Allan at 623-05200'PAID 512 mg memory, WEDDING LISTS - We have wedding lists lor all Nephi area weddings. $2 or $5. 4-Plumbing and Builders' Supply, 66 South Main, Nephi. OQBILL WEDDING LISTS - Thinking about wedding gifts? We have weddings list for St, $2, $5 and up. Certificates may be used at All In One Dollar or Nephi Lumber Company, 1005 N, Main, 00BILL Nephi. 623-014- APARTMENTS 3 Bedroom Great Community BBQ Area Play Area (435) tU Ext. 298 2 Bedroom Apartment for Rent. Com. Services... $$CASH$$ - CASH NOW for structured settlements, annuities, and insur- ance payouts. J.G. Wentworth... JG Wentworth means cash now for structured settlements. (ucan) 22PAID 4 phone Urgent jicwa for people who hove used is Scientists report that elevated manga oeae exposure from welding rod fumes has been associated with Parklnaoniom (like rarklnaon'a dlaeaae) and manganlam. Symptoms include anakioeao, distorted facial expression, lota of equilibrium, decreased band agility, difficulty walking, Joint pain, loss or snort term memory, sluriedslow speech, stiffness in tnuocles and tremora. if you have experienced anv of these problems, call us today toll free at l4too.'lWutta for a free j consultation to evaluate your potential claim. We practice law only in Arizona, but associate with lawyers throughout the U.S. i TOoanut ft & OSBORNE ( $500month Move in Special: 3 months free high speed internet access with no setup fee. Call 623-402- 2 for lease application. Air Conditioning Heating Construction Remodel Repair Central Valley Mechanical 435 Turn to the experts! - baby swing, baby carrier, changing table, baby clothing, other misc. baby items, lawn mower, box spring and mattress, washer and dryer, computer, dresser w mirror, rocking chair, chest of drawers, Nintendo, clothing, bedding, ADVERTISER NOTICE The Times-New- s does not endorse, promote or encourage the purchase or sale of any product or service advertised in this newspaper. Advertisements are the sole responsibility of the advertiser. The Times-New- s hereby disclaims all liability for any damage suffered as the result of any advertisement in this newspaper. The Times-New- s has the sole authority to edit and locate any classified advertisement as deemed appropriate. The Times-New- s reserves the right to refuse any advertising. 00 Email: jenglishthespectrum.com fir-- Monty Chrans 632 North 300 West Nephi, Utah 84648 Contents wood bench, baby chair, Notices... is pre- GOLDBERG 74 Unit NOW HIRING - Full or part time cashiers. Must be 21 years of age, cash handling experience preferred. Apply in person at 830 E 100 N, Nephi. 22BILL ADVERTISING MANAGER FOR THE SPECTRUM - REQUIREMENTS: general knowledge of newspapers: creativity and energy to implement a variety of new business programs; at least 3 years sales experience. - be accepted. Successful bidders will be required to completely empty the contents of the unit. Unit up for bid and current occupant with Iasi known address: WALKERS Help Wanted... No (ucan) ADVERTISEMENT OF SALE Bids will be accepted for the sale ot personal property located at Universal Storage Centers in the Nephi Industrial Park (approx. 1370 North 200 West), on June 5, 2004 from 8:00 AM to 10:00 AM. The contents of 1 storage unit will be available for inspection by interested parties at that time. Sealed bids will be accepted on the entire contents of the unit. No single item bids or sales will and general plant help needed for our sweet and tart cherry processing season. Shift work, 6 days per week, 3-weeks. Apply at McMullin Orchards, 5625 W 12000 S, Payson. Call (801) 23BILL TWO BEDROOM APARTMENT IN NEPHI - Available now. WD hookups. $550 per month deposit, no smoking, no pets. Drive by at 166 N 100 W, Nephi, then call (801) 367-857Sam. 25PAID Utah 84770 Fax: Use home Legals Notices... : EMPLOYMENT - Sorters, experienced forklift and tractor drivers ONE BEDROOM APARTMENT WITH AIR CONDITIONING - No smoking or pets. $350 per month or $330 1 with month per year lease. $150 Leave mes-sagdeposit, call 623-02922PAID 623-209- 9 EquipmentTraining. equity. 22PAID SUMMER ONE AND TWO BEDROOM APART-MENT- S FOR RENT IN NEPHI - No smoking, no pets. 1 bedroom, $375 per month, 2 bedroom, $400 per month. Deposit required. Call 623-035evenings. 26PAID marketingsales OF BEING A LABORER FOR SOMEONE ELSE? - Own your own landscape curbing business. Income potential $100,000 plus! $29,000 TIRED OTR DRIVER - L&S Transport is looking for an OTR driver. Home on weekends, benefit package, no need to relocate. Contact Lyle or Sherrie 23PAID (435) 529-324- LARGE BASEMENT APARTMENT - $600 per month including utilities and DISH. WD hookups. No smoking, Call 623-257after 6 p.m. 23PAID degree plans,, 7 NOW HIRING FOR ALL POSITIONS FOR THE COOKERY RESTAURANT. - Apply in person inside Flying J. See J.J. 00BILL FOR RENT OR SALE - 2 bed-roo1 bath manufactured home for rent. Available June 1st. $300 deposit, S550 monthly. Located in a nice park. Home also for sale. $19,500. Central air, refrigerator, laundry room, deck and awning. 435 660-169Leave message if no answer. 22PAID HOME ferred. Competitive salary; monthly bonuses; complete benefits including health and 401 K. Send resume to: James English Advertising Director 275 E. St. George Blvd. St. George, 401k-45- Fun Sun Travel Coast to Coast! Fast growing sales company seeks ambitious and highly motivated girls guys 18. 2 week on job training with transportation provided. (ucan) 22PAID NO DOWNPAYMENT? - PROBLEM credit Own a new home without big downpayment. It you're motivated with $40,000 income call American Home Partners visit www amencanhomepartners com (ucan) 22PAID PAID 465 South 400 East Nephilltah 84648 TDD state retirement, FRANCHISE AVAILABLE - "We The People legal document services. Exclusive territories available. No experience Necessary. ro wtpusaearthlmk.net (ucan) 22PAID etc. This Ob requires travel. Please contact Russell W. Anderson at 435 896-545ext. 20 during business hours. Close date June 4, 2004. We are an Equal Opportunity Employer. 22BILL - APARTMENT FOR RENT - Laundry facilities. No smoking pets. $550 per month. $450 deposit. 623-- 2 166 after 5 p.m. 23PAID in COMPUTER HELP WANTED - Nutrition training provided. Call for a tree booklet or visit www.mypglobal.com (ucan) 22PAID EOE. 623-300- 22PAID Bus. Opportunities... EDUCATOR II - The Central Utah Public Health Department is e Health Educator hiring a II based e from our Sevier Must County office in Richfield. have a bachelor of science in health education, or related field and preference may be given CHES certified or eligible. Starting wage begins at $14.93 per hour. Benefits include: health insurance, dental insurance, pets, no smoking. $575 per month, $500 deposit. Call 623-45924 A www.sgdcon-lme.co- (ucan) HEALTH APARTMENT - Great neighborhood. Free Sat. TV, free laundry room. Two car carport. No Mountain Shadow & 84648. (435) 3 BEDROOM WASHER ANDDRYERS - Washer, $75, 2 gas dryers, $75 each, Sears fridge, $150 OBO, portable dishwasher, $150 OBO, dressers, $50 OBO, round coffee table, maker ofter. two TV's, much more. 35 foot wheel chair ramp, all aluminum, $500. Call 623-210- 3 or 660-068after 4 p.m, weekdays or after 10 am. on week-end22PAID LANDSTAR. 22BILL 454 E 570 S, Nephi. $750 month. For more information call Judy Ann at 623-44022PAID STEEL TUBE - Overstock on 9 popular sizes. Call for prices and list. Save You Money' METALMART 181 South 1200 East Lehi. (ucan) 22PAID UTAH MANUFACTURER FOR 17 YEARS PLUS - All Steel Buildings!" Any size you want, any accessories you want, or any features you want. www.cobuildmgs.net or call CO Building Systems, Inc. Building a Reputation on "Old Fashioned Integrity. (ucan) 22PAID DENTAL ASSISTING SCHOOL IN SUNNY ST. GEORGE - Complete 10 week course. Starts June 28th. St. George Dental Careers. (ucan) 22PAID FOOD SERVICE WORKER - Previous lood service experience in a commercial kitchen preferred. FT, some weekends and holidays. Interested applicants my obtain an application trom Central Valley Medical Center, 48 West 1500 North, Nephi, Utah - 3 BEDROOM, 2 BATH HOME STEEL BUILDINGS SALE - We'll beat any competitor's bid, spec for spec, or we ll send you a check for $200.00. www premiersteel. org (ucan) 22PAID 2 Call: For Rent... POOL TABLE 23PAID 1 t Saturday. June 5th at 210 East 200 North, Nephi. 8 a m to 2 pm. Bunk bed, window air conditioner, books, toys '22PAID MACINTOSH G4 SYSTEMS - Power Mac G4 Systems, 40 gig hard drive, Schools... - YARD SALE - Nebo Heights, 1401 North 550 East. Saturday, June 5, 8 a m, to 2 p.m. Living room set, 3 dining sets, deep freezer, other furniture, decor, Nintendo 64, clothing, tools, and much more Dont miss it. 22PAID DIRECTV SYSTEM WITH INSTALLATION www.SwittTruckingJobs.com (ucan) 22PAID DRIVERS - OWNER OPERATORS its not about the miles. It's about... the money' The freedom' The savnot harder. ings' Work smarter 559-268- GARAGE SALE Saturday, June 5, Starts at 9 a m. in Iront ot Smpz Hajr Design, 343 N Mam, Nephi. Clothes, crafts, toys, games and more 22PAID 22, PAID WINDSHIELD CHIP REPAIR - Available 6 to 8 p.m. evenings. $15 00. Call Heath at 660-19900PAID i 25PAID FENCES CHEAP steel 1 12" $ 29 pipe tube. 1" $ 29 toot. loot, 2" $ 49 loot, 2 14" $.58 toot. 3 S 69 toot. 3 t2" $.98 loot. Metalmarl Lehi, Utah, (ucan) 74 DIRECTV SYSTEM FF.EE INCLUDING INSTALLATION - 125 channels trom $29.99 month, including locals. 3 months HBO and STARZ 2 tor 1. S&H Restrictions (ucan) apply BUILDING person at Tesoro, 2050 South Main, Nephi 22 BILL DRIVER . COVENANT TRANSPORT. 623-412- 1 garden tools and misc. personal items. No bids will be accepted after 10:00 AM on June 5, 2004. Bids will be awarded at 10:30 AM that same day. Published in The Utah on BILL22 ' 23 Times-New- 622004, and Nephi, 692004. - ADVERTISEMENT OF SALE Bids will be accepted for the sale of personal property located at Universal Storage Centers in the Nephi Industrial Park (approx. 1370 North 200 West), on June 5, 2004 from 8:00 AM to 10:00 AM. The contents of 1 storage unit will be available for inspection by interested parties at that time. Sealed bids will be accepted on the entire contents of the unit. No single item bids or sales will be accepted. Successful bidders will be required to completely empty the contents of the unit. Unit up for bid and current occupant with last known address: Unit 74 Monty Chrans 632 North 300 West Nephi, Utah 84648 Contents wood bench, baby chair, - baby swing, baby carrier, changing table, baby clothing, other misc. baby items, lawn mower, box spring and mattress, washer and dryer, computer, dresser w mirror, rocking chair, chest of drawers, Nintendo, clothing, bedding, garden tools and misc. personal items. No bids will be accepted after 10:00 AM on June 5, 2004. Bids will be awarded af 10:30 AM that same day. Published in The Times-NewUtah on 5262004, and BILL21 22 Nephi, 622004. NOTICE OF SETTLEMENT OF CLASS ACTION IN THE FOURTH JUDICIAL DISTRICT COURT UTAH COUNTY, STATE OF UTAH DOROTHY J. MONSON, an individual, CEDAR POINTE EQUITIES, INC., a Utah corporation, BACK CREEK, L.C. DBA AUTUMN GLEN APARTMENTS, a Utah limited liability company, CORPORATION, a Utah corporation, NEW BROADWAY CENTRE L.P., a Delaware limited partnership, for themselves and all others similarly situated, Plaintiffs, v. J s Legals Notices... CASH FOR STRUCTURED SETTLEMENTS ANNUITY PAYMENTS. - It's your money' Get cash now when you need it most! Oldest best m the business. Settlement purchasers. (ucan) 22, PAID LOAN OFFICER - Looking for someone with experience in the Mortgage Industry, would be meeting with appointments our phone room sets. Must know rate sheets. Call Rebecca (ucan) 22 PA ID FOR SWING AND GRAVEYARD SHIFTS - Must be at least 21 years of age. Appy m (ucan) 22 PAID DRIVERS .. NEW SPEED-65mp$2500 Experienced driver sign on bonus' New trainee pay' Van. Flatbed Autohaul. CDL Training Available. Swift Transportation 228 FOOT LOT IN NEPHI - See at 248 North 100 West $6,700 Call . Monte D. Bailey. 801 23PAID X HOME FOR SALE - 2 1 0 S 300 E. Levan. 4 bedrooms, 1 bath, central air, wrap around porch; two sheds, dog run. 22'BILL NEEDED Com. Services... Teams and solos check out our new pay plan. Owner operators, experienced drivers, solos, teams and graduate students. Call 22 PAID (ucan) For Sale... FREE CASHIERS - 527-367- Shop tor New or Used Vehicles at Special Low Internet Fleet Prices. wwwUtahFleetSalescom (ucan) 22 PAID BED Help Wanted... (Timrs-rCriu- UTAH STATE TAX COMMISSION STATE OF UTAH, Legal Notices... and reasonable and adequate and in the best interest ot the class. Class Counsel will attempt to identify fair, Defendants. NOTICE OF SETTLEMENT OF all claims by reviewing vendor records, however, H you would like to ensure that CLASS ACTION Civil No. 010402468 Judge Lynn W Davis you are considered tor a refund, you may submit to Class Counsel your invoice or other documentation evidencing a furnish and install purchase on which sates or use tax was paid between December 22. 1997 and the current date. This information should be as soon as possible, but no later than September 1. 2004, to Class Counsel at Holme Roberts & Owen LLP, Attention: Dee Heugly. 299 South Mam Street, 1800, Salt Lake City. Utah, 84111. As a class member, you should retain all ot your records pertaining to the payment of sales or use taxes on furnish and install purchases of floor coverings since December 22, 1 997 in case the records are not available from the vendors. III. ATTORNEYS' FEES AND COSTS. Class Counsel are entitled to be compensated for their efforts on behalf of those entitled to refunds and for fheir risk in undertaking the representation of the class on a contingency basis. Class Counsel will request a fee equal to one-thir(13) of the gross amount of refunds obtained for all taxpayers. TO: ALL PERSONS. INCLUDING ENTITIES. WHO PURCHASED FLOOR COVERINGS AND PAID UTAH SALES OR USE TAX THEREON ON OR AF- TER DECEMBER 22. 1997, WHERE THE PURCHASE INCLUDED HAVING THE SELLER INSTALL OR ARRANGE FOR THE INSTALLATION OF THE FLOOR COVERING. PLEASE READ THIS NOTICE VERY CAREFULLY AND IN ITS ENTIRETY. YOUR LEGAL RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION. This Notice is being provided pursuant to an order of the Fourth Judicial District Court tor the State of Utah sitting as a Tax Court (the "Tax Court"). The purpose of this Notice is to inform you of the proposed settlement of this class action litigation and of the heanng to be held by the Court to consider the fairness, reasonableness, and adequacy of the seftlement. This Notice describes the rights you may have in connection with the settlement and what steps you may take in relation to the settlement and this class action litigation. I. THE LITIGATION. On December 22, 2000, five taxpayers (the Representative Taxpayers") filed with the Utah State Tax Commission (the Tax Commission") a request for refund of the Utah sales or use tax each had overpaid on floor coverings which they had purchased on the basis that fhe seller would install or arrange for the installation of the floor covering (a furnish and install purchase" or a furnish and install sale"). The Representative Taxpayers also filed the d matter before the Tax Court on December 22, 2000, in order to facilitate obtaining refunds on behalf of all members of fhe class (the "Litigation). Under Utah law, sales or use tax should not be collected on a furnish and install sale, but there has been confusion about the proper handling of sales tax on such sales. , The Tax Commission granted the Representative Taxpayers refund requests, issuing each of the Representative Taxpayers a refund of sales or use taxes paid on their furnish and install purchases of floor coverings. The State of Utah and the Tax Commission, however, vigorously argued to the Tax Court that class actions are not available in tax refund matters and that the refund requests on behalf of a class were otherwise inappropriate as a matter of law. The Slate of Utah and the Tax Commission filed two separate motions to dismiss, both of which were denied by the Tax Court. They sought interlocutory appellate review of their first motion to dismiss by the Utah Supreme Court, which was denied. They also asked the Tax Court to reconsider its denial of their first motion to dismiss, which the Court refused to do. The Representative Taxpayers filed a motion to certify the Litigation as a class action. This motion was also vigorously opposed by the Tax Commission. After considering the arguments of the parties, the Tax Court, by an order dated June 25, 2003, certified the Litigation as a class action under the provisions of Rule 23 of the Utah Rules of Civil Procedure, appointed the Representative Taxpayers as representatives of the class, and designated Mark K. Buchi, Greggory J. Savage, Steven P. Young and their law firm, Holme Roberts & Owen LLP, as counsel for the class (Class Counsel"). After the class was certified, the Stale of Utah and the Tax Commission again sought appellate review from the Utah Supreme Court, which was denied. Class Counsel and representatives State of Utah and the Tax Commission have participated in substantial negotiations over a period of several months which have resulted in the settlement described below. of the II. THE PROPOSED SETTLEMENT. As a direct result of the prosecution of the refund claims and the Litigation and the negotiations between the parties, a settlement agreement was reached. The terms of the agreement are set forth in a written document dated March 2, 2004. In summary, the settlement is as follows. The State of Utah agrees to refund the difference between the sales or use tax that was improperly collected on furnish and install sales of floor covering and the tax due on the cost of the materials used. However, in no event shall the State's obligation to pay refunds exceed $9,000,000. If the total amount of refunds due fo the class, plus interest, is more than $9,000,000, each refund shall be prorated. In the event that the total claims of the class, including interest, are less than $9,000,000, the State's payment obligation shall not exceed the total of all claims submitted, plus interest. Class Counsel must identify and submit the claims of all class members and class claims to the Tax Commission by December 1, 2004. The State will then review and the Court will approve the claims, and the State will issue a refund check to Class Counsel on or after July 5, 2005 for the total amount of the refund. After Class Counsel has paid the d attorneys' fees and costs out of the refund amount, Class Counsel shall issue refund checks to each of the class members. Upon receipt and negotiation of the total refund amount due to him herit, each member of the class will be deemed to release the Slate of Utah and its agencies and employees from any claim related to the collection of Utah sales or use lax overpaid on a furnish and install purchase. Class Counsel believes the terms of the settlement are Xephi, Utah Class Counsel has advanced costs for the benefit of the class and will be required to advance additional costs in furtherance of the settlement, e g. costs of obtaining invoices and costs of publishing this notice. Accountants retained by Class Counsel to assist in the process of gathering invoices also undertook their work on a partially contingent basis and will not have been paid in full for their services. Class Counsel will seek reimbursement of these cost amounts incurred on behalf of the class from the total refunds obtained for the class. IV. HEARING ON PROPOSED SETTLEMENT. On August 12, 2004, at 9:00 a m., the Court will hold a hearing in the Fourth Judicial District Courthouse at 125 N. 100 W.t Courtroom 301, Provo, Utah, in the courtroom of Judge Lynn W. Davis. The purpose of the hearing will be to determine: (a) whether the settlement should be approved as fair, just, reasonable and adequate; and (b) the amount ot attorneys fees and costs to be awarded to Class Counsel and those retained to assist Class Counsel. The Court may adjourn or continue the hearing by oral announcement at such hearing or at any adjournment without further notice of any kind. Any class member may, but is not required to, enter an appearance in the Litigation and be represented by counsel of his, her or its choice and expense. Any class member who does not enter an appearance will be represented by Class Counsel. Any class member who objects to any aspect of the settlement may appear and be heard at the hearing. Any such person must submit a written notice of objection, mailed or hand delivered such that it is received on or before July 15, 2004, at 5:00 p.m. (MDT), by each of the following: (1) Clerk of the Fourth Judicial District Court, 125 N. 100 W., Provo, Utah 84601; (2) Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, 1800, Salt Lake City, Utah, 84111; and (3) Clark L. Snelson, Assistant Attorney General, 160 East 300 South, Fifth Floor, P.O. Box 140874, Salt Lake City, Utah 84114-087Your notice should reference the d matter. V. OPTION TO OPT-OUIf you wish to opt out" or be excluded from the class, you must give notice of your decision to opt out of the class. Such notice must be in writing, postmarked on or before July 15, 2004, Persons who request to opt out of the class will not be entitled to share in the benefits of the settlement or any other orders and judgment that have been entered by the Court in the Litigation, will not have their interests represented by Class Counsel and will be responsible to pursue any claim for a refund on their own and at their own costs and expense. In making a decision to opt out of the class, it should be considered that participation in the class action will allow for refunds on purchases extending back to December 22, 1997, that a refund amount will be calculated in the same manner whether or not you remain a member of the class and that, based on the common fund doctrine, Class Counsel will seek to collect a fair attorney fee in connection with your refund in the event you opt out. But for the class action, refund requests are barred after three years from the date the sales or use tax was overpaid (i.e. the date of purchase). Notices that you wish to opt out of the class should be sent to Class Counsel at Holme Roberts Owen LLP, Attention: Dee Heugly, 299 1800, Salt Lake City, Utah, 84111. The notice should state your name and address, that you wish to be excluded from the class in the above-captione- d matter, be signed by you and identify the vendor(s) from which you made your furnish and install purchase(s). IF YOU CHOOSE TO REMAIN A MEMBER OF THE CLASS, YOU WILL BE BOUND BY THE TERMS OF THE SETTLEMENT AND BY ANY ORDER OR JUDGMENT ENTERED BY THE COURT. This Notice is a summary and does not describe all of the details of the Settlement or Class Counsel's request for an award of attorney's fees and costs. For full details of the matters discussed in this Notice, you may desire to review the motion for approval of the settlement and the motion for an award of attorneys' fees and costs filed with the Court, which may be inspected during business hours, at the office of the Clerk of the Court, 1 25 N. 1 00 W., Provo, Utah & South Main Street, |