IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARIA A. MONTEVERDE, : CIVIL ACTION NO.: 02-cv-4214

:

Plaintiff, :

:

vs. :

:

PPL ELECTRIC UTILITIES :

CORPORATION, :

:

Defendant. :

 PLAINTIFF’S MOTION TO VACATE ORDER 

 Plaintiff, Maria A. Monteverde, by and through her attorneys, Lovitz and Gold, P.C., 

hereby move to vacate a prior Order of this Court entered on October 30, 2002, pursuant to the

provisions of Rule 41.1 (b) of the Local Rules of Civil Procedure and in support thereof aver the

following:

1. On or about October 30, 2002, the parties achieved a confidential settlement in 

the within action.

2. Upon notification of the same, this Court entered an Order pursuant to the 

provisions of Rule 41.1 (b) of the Local Rules of Civil Procedure, (effective January 1, 1970),

dismissing this action with prejudice, after having been notified that the issues between the

parties have been settled upon agreement of counsel. (A copy of the Court’s Order entered on

October 30, 2002, is attached hereto and marked as Exhibit “A”).

 

Case 2:02-cv-04214-MAM Document 9 Filed 12/23/2002 Page 1 of 3
3. Thereafter, in connection with the settlement achieved by and between the parties, 

the Defendant furnished a confidential settlement agreement and general release to the Plaintiff

for review and execution.

4. Pursuant to the terms of the agreement and in accordance with the provisions of 

the Older Workers Benefit Protection Act, (citations omitted) (OWBPA) the Plaintiff was

afforded the opportunity to revoke the Agreement within seven (7) days of the date of her

execution of the agreement by sending notification of such revocation, by hand delivery to PPL

Electric Utilities Corporation to North 9th Street, Allentown, Pennsylvania, to the attention of

Andrew K. Williams, Esquire. 

5. Based on the Plaintiff’s directives, counsel transmitted a letter to Andrew K. 

Williams, Esquire via hand delivery on December 2, 2002, in accordance with the revocation

provisions contained in the settlement agreement and general release previously executed by the

Plaintiff in this matter.

6. By virtue of said correspondence, the Plaintiff effectively and formally revoked 

her decision to settle the above-referenced action in accordance with the provisions of Federal

law as mandated by the OWBPA. (A copy of the revocation letter is attached hereto and marked

as Exhibit “B”).

7. Accordingly, because a settlement of this action has not been achieved by virtue 

of the Plaintiff’s right of revocation, Plaintiff hereby moves that this Court vacate the Order of

Dismissal attached hereto and marked as Exhibit “A”, having demonstrated good cause to vacate 

said Order.

8. The instant Motion has been filed within ninety (90) days of the entry of the 

Court’s Order dismissing this action pursuant to Rule 41.1 (b).

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 WHEREFORE, the Plaintiff requests that this Court vacate its prior Order entered on 

October 30, 2002, and reassume jurisdiction over the continued litigation of this action to 

its proper conclusion.

LOVITZ & GOLD, P.C.

BY:_______________________

 SIDNEY L. GOLD, ESQUIRE

 Attorney I.D. No. 21374

 KEVIN I. LOVITZ, ESQUIRE

 Attorney I.D. No. 70184

 515 Eleven Penn Center

 1835 Market Street

 Philadelphia, PA 19103

 (215) 569-1999

 Attorneys for Plaintiff

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