IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

 PROPOSED JURY INSTRUCTIONS OF DEFENDANT TRANS UNION LLC 

BRUCE S. LUCKMAN 

MARK E. KOGAN 

TIMOTHY P. CREECH 

SATZBERG, TRICHON, 

 KOGAN & WERTHEIMER, P.C. 

1818 Market Street, 30th Floor 

Philadelphia, PA 19103 

(215) 575-7600/Fax: (215) 575-7688 

Attorneys for Defendant 

Trans Union, LLC

DATED: June 11, 2003 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 1 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-1 Applicability for the Fair Credit Reporting Act, (the "Act")

15 U.S.C. '1681 et seq. 

For the purpose of this case: 

(i) Plaintiff, Grace Lawrence, is a "person" and "consumer" under the Act. 

'1681a(c) 

(ii) Defendant, Trans Union LLC, is a "consumer reporting agency," under the Act, 

which regularly engages in the business of assembling consumer credit information on 

consumers. '1681a(f) 

(iii) A Afile disclosure@ is the information which, upon request, a consumer reporting 

agency is required to disclose to a consumer constituting the nature and substance of all 

information in the agency=s files on the consumer. ('1681a(g) and '1681g) 

(iv) A Aconsumer report@ is a communication of information by a consumer reporting 

agency which serves Aas a factor in establishing the consumer=s eligibility for credit.@ '1681a(d). 

(v) No Aconsumer reports@ as defined in the Act exist in this case; the reports 

admitted into evidence are "file disclosures" sent to plaintiff by Trans Union, not 

communications to credit grantors, other persons or third parties. 

(Source: 15 U.S.C. '1681(a) Definitions; Rules of Construction, (b), (c) (f) and (g)).

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 2 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-2 The Elements Of a Cause of Action Under 

The Act. ('1681e(b)(Reasonable Procedures) 

 Plaintiff claims that she was injured as a result of Trans Union's negligence in furnishing 

credit information about plaintiff. 

In order to establish a cause of action against Trans Union under the Act, plaintiff must 

prove four elements: 

(1) Trans Union reported false or inaccurate information about plaintiff in connection 

with an application for credit to be used primarily for personal, family or household purposes. 

(a) Plaintiff has the initial burden of proving that Trans Union reported 

inaccurate information about her in connection with credit to be used primarily for personal 

purposes. If she fails to satisfy this initial burden, she has failed to establish the violation of the 

Act which she has alleged and you must find against her. If plaintiff proves an inaccuracy was 

reported in connection with a personal household credit transaction, then she must also prove 

that: 

(2) Trans Union was negligent in that it failed to follow reasonable procedures to 

assure maximum possible accuracy of information about plaintiff. 

(a) Plaintiffs bears the burden of proving lack of reasonableness in Trans 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 3 of 19
Union's procedures. 

(b) The standard for measuring Trans Union's actions is Awhat a reasonably 

prudent person would do under the circumstances.@ To evaluate the reasonableness of Trans 

Union's procedures you should balance the potential harm for inaccuracy against the burden on 

Trans Union of safeguarding against the inaccuracy. 

(c) The Act, however, does not make Trans Union strictly, or automatically, 

liable for generating a report merely because it contains an inaccuracy. You must find in favor 

of Trans Union if plaintiff does not prove that Trans Union failed to follow reasonable 

procedures, or if Trans Union established that an inaccurate report was generated by following 

reasonable procedures. 

(3) Plaintiff was injured and Trans Union's negligence in reporting inaccurate 

information was the proximate cause of such injury. 

(a) Plaintiff is not entitled to damages unless they prove that she was denied 

personal credit for household purposes by a credit grantor or otherwise damaged and that the 

denial or damage was not caused by lack of income, other accurate credit information or any 

other factors. The term Aproximate cause@ in these instructions means that there must be a 

connection between the conduct of Trans Union and the injury complained of by plaintiff, and 

that the act which is claimed to have produced the injury was the natural and probable result of 

Trans Union's conduct. 

(Sources: Washington v. CSC Credit Services, Inc.,199 F.3d 263 at FN3 (5th Cir. 2000); 

Cahlin v. General Motors Acceptance Corporation, 936 F.2d 1151 (11th Cir. 1991); 

Philbin v. Trans Union Corp., 101 F.3d 957 (3rd Cir 1996); Ladner vs. Equifax, 828 F.Supp. 

427, 432 (S.D.Miss. 1993); Casella vs. Equifax Systems, 56 F. 3rd 469, 474 (2nd Cir. 1995), 

cert. denied 116 S.Ct. 1452, 134 L.Ed.2d 571 (1996); Black's Law Dictionary 1225 (6th ed.). 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 4 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-3 Reasonableness of Reporting. 

If a consumer reporting agency transcribes, stores and communicates consumer 

information received from a source that it reasonably believes to be reputable, and which is 

credible on its face, then that consumer reporting agency does not violate '1681e(b) simply by 

reporting an item that turns out to be inaccurate. The section does not require error free 

consumer reports. This section does not hold a consumer reporting agency responsible where an 

item of information that it receives from a source that it reasonably believes to be reputable 

appears credible on its face, and is transcribed, stored and communicated as provided by that 

source. 

Henson v. CSC Credit Services, 29 F.3d 280, 286, (7th Cir. 1994) Pinner vs. 

Schmidt, 805 F.2d 1258, 1262 (5th Cir. 1986), rehearing denied, 812 F.2d 

1405, cert denied 107 S.Ct. 3267, 3276, 97 L.Ed.2d 766, 780; Federal Trade 

Commission Commentary on the FCRA, 16 C.F.R. Part 600, Appendix 

607(3)(A).

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 5 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-4 Binding Instruction-Reporting Requirements. 

I instruct you that Trans Union is entitled as a matter of law to rely upon the accuracy of 

the information reported to Trans Union by public record vendors such as Superior Information 

Services. 

Henson v. CSC Credit Services, 29 F.3d 280, 286, (7th Cir. 1994) Pinner vs. 

Schmidt, 805 F.2d 1258, 1262 (5th Cir. 1986), rehearing denied, 812 F.2d 

1405, cert denied 107 S.Ct. 3267, 3276, 97 L.Ed.2d 766, 780; FTC Guidelines 

implementing '1681e(b), 16 C.F.R. Part 600, 391. 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 6 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-5 DAMAGES - VIOLATION OF THE ACT. --Compensatory Damages for Noncompliance. 

If your verdict is for plaintiff on her claim of non-compliance with the Fair Credit 

Reporting Act, then your duty is to determine the amount of money which reasonably, fairly and 

adequately compensates her for the damages, if any, which you decide resulted from Trans 

Union's failure to comply. 

You should not interpret the fact that I have given instructions about plaintiffs= damages 

as an indication in any way that I believe that plaintiff should, or should not, win the case. It is 

your task to decide whether Trans Union is liable. I am instructing you on damages only so that 

you will have guidance in the event you decided that Trans Union is liable and that plaintiff is 

entitled to recover money from Trans Union. 

Which, if any, elements of damage have been proved by plaintiff is for you to decide, 

based upon evidence and not based upon speculation because it is only actual damages -- what 

the law calls compensatory damages -- that are recoverable. I remind you that you may award 

compensatory damages only for injuries that plaintiff proves were proximately caused by Trans 

Union's allegedly wrongful conduct. You should not award compensatory damages for 

speculative injuries, but only those injuries that plaintiff has actually suffered as a result of Trans 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 7 of 19
Union=s reporting of inaccurate information. That is, plaintiff is not entitled to recover damages 

associated with credit for which she did not apply or for loans which were denied, but did not 

result in any financial harm to plaintiff. 

 The amount of money, if any, to be awarded for certain of these elements of damages, 

such as mental anguish, cannot be proved in a precise dollar amount. The law leaves such 

amounts to your sound judgment, although any award must be based on the evidence and not 

speculation. 

Damages for humiliation and mental distress will not be presumed to have occurred. 

Plaintiff must prove that they have occurred. And emotional distress damages cannot be 

recovered for things which plaintiff suspected or perceived, but which did not occur; the 

disclosure of harmful information might create liability, not the risk of such disclosure. The 

denial of credit may be compensable if a denial is associated with a financial harm. The risk that 

an application might be denied, the loss of a perceived credit opportunity is not compensable. 

Plaintiff must prove by a preponderance of the evidence that any damages incurred were 

caused by acts or omissions of Trans Union which were not in compliance with the Act. Even if 

you find that plaintiff was damaged, if you find that the damage was caused by acts or omissions 

by Trans Union that did not violate the Act, you must find for Trans Union. Further, if you find 

that plaintiff suffered damages as a result of the inaccuracies in her file, but that the appearance 

of the inaccuracy was not caused by Trans Union=s negligence, meaning acts or omissions of 

Trans Union that were in violation of the Act, then you must find for Trans Union. Finally, if 

you find that plaintiff was denied a credit card, but that denial did not result in any actual loss or 

harm, you must find for Trans Union. 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 8 of 19
The term Aproximate cause@ in these instructions means that there must be a connection 

between the conduct of Trans Union and the injury complained of by plaintiff, and that the act 

which is claimed to have produced the injury was the natural and probable result of Trans 

Union's conduct. 

15 U.S.C. '1681o; L. Sand, 3 Modern Federal Jury Instructions '77.01. 

Instruction 77-3 (1993); Devitt, Blackmar & Wolff, 3 Federal Jury Practice and 

 Instructions '92.07 (1987); Philbin v. Trans Union Corp., 101 F.3d 957, 963 (3rd Cir. 

 1996) Cousin v. Trans Union Corp., 246 F.3d 359 (5th Cir. 2001); Neptune v. Trans

 Union Corp., 1993 WL 505601 (E.D. Pa. Dec. 8, 1993), aff'd, 27 F.3d 558 (3rd Cir. 

1994) Washington v. CSC, 199 F.3d 263 (5th Cir. 2000) 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 9 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

 

D-6 Binding Instruction - Civil Liability for 

Wilful Noncompliance. 

I instruct you that plaintiff has failed to prove that Trans Union willfully failed to comply 

with the Act. Therefore, you cannot award plaintiff punitive damages. 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 10 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-7 Binding Instruction - Reasonable Procedures -- Compensatory Damages. 

I instruct that you must find that plaintiff has not proven that Trans Union caused 

plaintiff to suffer any harm in connection with the Chase credit application; this means that you 

cannot award plaintiff damages for harm resulting from that credit denial. Likewise, plaintiff 

cannot recover for emotional distress she claims to have suffered as a result of the alleged credit 

denial. Therefore, you must find in favor of Trans Union and against plaintiff on plaintiff's claim 

for a negligent violation of the Act. 

 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 11 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-8 The Elements Of a Cause of Action Under 

The Act. ('1681i)(Reinvestigation) 

Plaintiff claims that she was injured as a result of Trans Union's negligent failure 

to make reasonable efforts to reinvestigate her disputes concerning the judgment. The Act 

'1681i, Procedure in case of disputed accuracy, provides: 

 (a) Reinvestigations of Disputed Information: 

 (1) Reinvestigation Required: 

(A) In general: If the completeness or accuracy of any item of information 

contained in a consumer’s file at a consumer reporting agency is disputed by the 

consumer and the consumer notifies the agency directly of such dispute, the 

agency shall reinvestigate free of charge and record the current status of the 

disputed information, or delete the item from the file in accordance with 

paragraph (5), before the end of the 30 day period beginning on the date ion 

which the agency receives the notice of the dispute from the consumer. 

After a consumer disputes information in her file a credit reporting agency must 

make a good faith effort to determine the accuracy of the disputed item or items. At a minimum, 

it must check with the original source or other reliable sources of the disputed information and 

inform them of the nature of the consumer's dispute. The consumer must directly convey that 

dispute to the credit reporting agency. In order to establish a cause of action against Trans 

Union under the Act, plaintiff must prove to the jury that: 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 12 of 19
(1) Trans Union's file concerning plaintiff contained false or inaccurate 

information about her. 

 (a) Plaintiff has the initial burden of proving that Trans Union's file 

concerning plaintiff contained inaccurate information about her. If she fails to satisfy this initial 

burden, she has failed to establish the violation of the Act which she has alleged and you must 

find against him. If plaintiff proves an inaccuracy was reported, then she must also prove that: 

(2) Trans Union was negligent in that its reinvestigation was inadequate or it 

failed to conduct a reasonable reinvestigation of plaintiff's disputes. 

 (b) The standard for measuring Trans Union's actions is “what a 

reasonably prudent person would do under the circumstances.” To evaluate the reasonableness 

of Trans Union's reinvestigation you should balance the cost of verifying the source of the 

information against the possible harm the inaccurately reported information may cause the 

consumer. 

 (c) The Act, however, does not make Trans Union strictly, or 

automatically, liable. You must find in favor of Trans Union if plaintiff has not proven that 

Trans Union failed to conduct a reasonable reinvestigation or if Trans Union established that its 

reinvestigation procedures were proper and reasonable under the circumstances. 

It is not disputed in this case that Trans Union promptly responded to plaintiff=s 

dispute and provided responses and the results of Trans Union=s reinvestigations to plaintiff 

within the time required under the Act. First you must determine whether the judgment existed. 

If you determine the judgment did exist, then you must find for Trans Union. If you determine 

that the judgment did not exist, or was not entered against plaintiff in the court records, then you 

must determine whether Trans Union should have discovered that the judgment was not accurate 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 13 of 19
and that Trans Union=s investigation was negligent for not revealing that there was no judgment 

against her. You must then balance the burden and cost to Trans Union of discovering the error 

and conducting further or different reinvestigations against the harm, if any, caused to plaintiff. 

Again, bear in mind that damages for humiliation and mental distress will not be 

presumed to have occurred. Plaintiff must prove that they have occurred and were the result of 

an actual event and not the fear of something which might occur. Plaintiff must prove by a 

preponderance of the evidence that any damages incurred were caused by acts or omissions of 

Trans Union which were not in compliance with the Act. 

The term Aproximate cause@ in these instructions means that there must be a connection 

between the conduct of Trans Union and the injury complained of by plaintiff, and that the act 

which is claimed to have produced the injury was the natural and probable result of Trans 

Union's conduct. 

(Sources: Dalton v. Capital Associated Industries, Inc., 257 F.3d.409, 415 (4th

Cir. 2001); Podell v. Citicorp, 112 F.3d 98, 105 (2d Cir. 1997); Henson v. CSC 

Credit Services, 29 F.3d 280, 286, (7th Cir. 1994) Cahlin v. General Motors 

Acceptance Corporation, 936 F.2d 1151, 1160 (11th Cir. 1991); Wiggins v. 

Equifax, 848 F.Supp. 213, 220 (D.C.D.C. 1993) Federal Trade Commission 

Commentary on the FCRA, 16 C.F.R. Part 600, Appendix 611(2).

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 14 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

 D-9 Binding Instruction - Denial of or Delay in Application for Credit. 

I instruct that you must find that plaintiff has not proven that he was denied credit as a 

result of inaccurate information reported by Trans Union after notice to Trans Union of a 

dispute. I also instruct you that Plaintiff is not entitled to recover for damages for emotional 

distress or pain and suffering simply because she knew of an inaccurate or even potentially 

damaging item in her Trans Union file. This is so because there is no evidence that any credit 

grantor was furnished inaccurate derogatory credit information by Trans Union which caused 

Plaintiff harm. Therefore, you cannot find in favor of plaintiff on her claim for damages. 

Further, plaintiff is not entitled to recover for the loss of a credit opportunity. 

Casella v. Equifax and Trans Union Corp., 56 F.3rd 469, 475 (2nd Cir. 1995); 

Lang v. Trans Union Corp., 1999 WL 1486717 (W.D. PA 1999); Ladner vs. 

Equifax, 828 F.Supp. 427, 432 (S.D.Miss. 1993); Watson v. Credit Bureau, 

Inc., 660 F. Supp. 48, 50 (S.D. Miss. 1986).

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 15 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-10 PUNITIVE DAMAGES 

 The Act specifically limits punitive damages to circumstances where the violation of a 

requirement of the Act was "willful". See 1681n, Civil Liability for Willful Noncompliance; 

"Willful", means a "voluntary and intentional failure to do something the law requires with a 

purpose to either disobey or disregard the law." 

You must not award punitive damages unless you find that plaintiff has presented clear 

and convincing evidence that special and aggravating circumstances which demonstrate a pattern 

of the voluntary and intentional failure to do something the law requires, or to conceal something 

from plaintiffs. Meaning, you must find plaintiff proved that in connection with her dispute or 

Trans Union=s procedures, Trans Union's engaged in a course of conduct knowingly and 

intentionally in conscious disregard for his rights under the Act by misrepresenting or concealing 

something from them. 

Finally, you must consider the nature and reprehensibility of Trans Union=s wrongdoing, 

if any, including, for example, the impact, if any, on plaintiff; Trans Union=s awareness of the 

amount of harm being caused and Trans Union=s motivation, if any, for causing same; and the 

duration of Trans Union=s misconduct and whether Trans Union attempted to conceal such 

conduct. 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 16 of 19
Plaintiff=s burden in connection with punitive damages is by clear and convincing 

evidence. This burden is stricter, higher degree of proof than Aby a preponderance@ which I 

described earlier. AClear and Convincing proof @ means proof which results in reasonable 

certainty of the truth of the ultimate fact in controversy; that is proof which requires more than a 

preponderance of the evidence. AClear and convincing proof@ will be shown where the truth of 

the facts asserted is highly probable. 

Philbin v. Trans Union Corporation et al., 101 F.3d 957, 970 (3rd Cir. 1996); 

Cushman v. Trans Union Corp., 115 F.3d 220 (3rd Cir. 1997); Dalton v. 

Capital Associated Industries, Inc., 257 F.3d.409, 415 (4th Cir. 2001); Casella 

v. Equifax and Trans Union Corp., 56 F.3rd 469, 476 (2nd Cir. 1995), , cert.

denied, 116 S. Ct. 1452 (1996); Cousin v. Trans Union Corp., 246 F.3d 359 

(5th Cir. 2001), cert denied; Stevenson v. TRW, 987 F.2d 288 (1993); Bryant 

v. TRW, Inc., 487 F.Supp. 1234, 1239, (E.D.Mich, 1980), aff'd 689 F.2d 72 

(6th Cir. 1982); Pinner vs. Schmidt, 805 F.2d 1258 (5th Cir. 1986), rehearing 

denied, 812 F.2d 1405, cert denied 107 S.Ct. 3267, 3276, 97 L.Ed.2d 766, 780; 

 New York Times v. Sullivan, 376 U.S. 254, 279-280 (1964) Gertz v. Robert 

Welch, Inc., 418 U.S. 323, 342 (1974); Anderson v. Liberty Lobby, Inc, 477 

U.S. 242, 251-52, 106 S.Ct. 2505 (1986) MJI 20.10A; Black=s Law Dictionary, 

Sixth Edition. 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 17 of 19
IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRACE LAWRENCE 

Plaintiff, 

v. 

TRANS UNION LLC 

CITY OF PHILADELPHIA 

Defendant. 

C.A. NO: 02-CV-4440 

D-11 Binding Instruction - Civil Liability for 

Wilful and Negligent Compliance with FCRA '1681i

I instruct you that plaintiff has failed to prove that Trans Union willfully or negligently 

failed to comply with the Act=s requirements that Trans Union reinvestigate plaintiff=s disputes 

within thirty (30) days or to inform her of the reinsertion of the previously deleted information. 

Therefore, you cannot award plaintiff punitive or compensatory damages on that claim. 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 18 of 19
 

Respectfully submitted, 

___________________________________ 

MARK E. KOGAN 

BRUCE S. LUCKMAN 

TIMOTHY P. CREECH 

SATZBERG, TRICHON, 

 KOGAN & WERTHEIMER, P.C. 

1818 Market Street 30th Floor 

Philadelphia, PA 19103 

(215) 575-7600; Fax: (215) 575-7688 

DATED: June 11, 2003 

Case 2:02-cv-04440-AB Document 18-3 Filed 06/11/2003 Page 19 of 19