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Class Action Notice: David Cappolina et al. v. Franklin Township et al.
Learn more about class action lawsuit, captioned David Cappolina et al. v. Franklin Township et al., Docket No. GLO-L-1289-21,

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David Cappolina et al. v. Franklin Township et al., Docket No. GLO-L-1289-21,

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT BY ORDER OF THE COURT

YOU MAY BE ENTITLED TO A REFUND IF YOU ARE:

A Person or Entity who, between April 12, 2016 and January 18, 2022, either paid and/or were caused to reimburse monies as registration fees for the Franklin Township Vacant Properties Registration Program. The class excludes Persons or Entities who paid registration fees but were subsequently reimbursed.

WHAT IS THIS NOTICE ABOUT? This Notice is to inform you about a class action lawsuit, captioned David Cappolina et al. v. Franklin Township et al., Docket No. GLO-L-1289-21, which was filed in the Superior Court of New Jersey, Gloucester County (the โ€œActionโ€), alleging that all persons or entities who, between April 12, 2016 and January 18, 2022, either paid and/or were caused to reimburse monies as registration fees for the Franklin Township Vacant Properties Registration Program (โ€œVPRPโ€) should be reimbursed or refunded because such VPRP fees are allegedly unconstitutional. Defendants deny Plaintiffsโ€™ allegations and have asserted numerous defenses to Plaintiffsโ€™ claims. Defendants do not admit wrongdoing or fault, or violation of the law. Defendants deny all allegations and claims asserted against them, but are settling the Litigation to avoid the risk, burden, uncertainty and expense of continued litigation.

WHY SHOULD I READ THIS NOTICE? You may be a member of the Settlement Class. The parties have proposed a settlement of the Action (the โ€œSettlementโ€), which has been preliminarily approved by the Court. If the Settlement receives final approval from the Court, your legal rights may be affected. This Notice describes what the Action is about, explains the terms of the Settlement, tells you who would be covered and what legal claims would be resolved by the Settlement, and explains how members of the Settlement Class can obtain benefits under the Settlement, if approved by the Court.

AM I COVERED BY THIS CLASS ACTION LAWSUIT AND THE PROPOSED SETTLEMENT? You are a member of the Settlement Class if you are a person or entity who, between April 12, 2016 and January 18, 2022, either paid and/or were caused to reimburse monies as registration fees for the Franklin Township Vacant Properties Registration Program. You can obtain more information about the Settlement Class and Settlement by visiting the Settlement Website at www.FranklinTownshipVPRPClassaction.com.

WHAT ARE THE TERMS OF THE SETTLEMENT? The proposed Settlement requires Defendants to establish a Common Settlement Fund of One Million Nine Hundred Thousand dollars ($1,900,000.00). This Settlement shall provide any Class Member who files a Valid Claim Form, provides proof of ownership of a property subject to the Franklin Township Vacant Properties Registration Program and attests they paid a VPRP Fee, a Settlement Payment of $200. Any Class Member who files a Valid Claim Form and submits proof of paying a VPRP fee will receive a Settlement Payment equal to a 60% refund of the VPRP fee(s) which that Settlement Class Member paid based on the total amount of any and all VPRP fees paid to Defendants as calculated using Defendantsโ€™ books and records. Proof of payment shall include, but not be limited to, cancelled checks, bank statements, receipt of payment, and credit card statement. Defendantsโ€™ Counsel shall have fourteen (14) days from receipt of the list to identify any person or entity who do not fall within the definition of a Class Member or who has not submitted a valid Claim Form and to present proof of the same. Determination as to whether the person or entity has submitted a Valid Claim Form shall be left to the discretion of the Settlement Administrator. In the event that the amount of refunds from the submission of Valid Claims Forms exceeds the Common Settlement Fund, the Settlement Class Members will receive a pro rata share of the Net Distributable Funds calculated based on the total number of claims filed by Class Members. Distribution of the Settlement Class Member awards shall be paid by the Settlement Administrator no later than (60) days after June 1, 2025. Checks shall remain negotiable for one hundred eighty (180) days from date of issue. Any checks not cashed within one hundred eighty (180) days shall be void, and their amounts shall revert to Defendants. In addition, Defendants have agreed to pay from the Common Settlement Fund an incentive award of $5,000.00 to the named plaintiffs, attorneyโ€™s fees and costs to Class Counsel in the amount of $630,000.00, and the costs of administering the Settlement up to $200,000.00 to the Settlement Administrator, subject to Court approval. In return, upon the Effective Date, each and every Class Member shall be deemed to have released each and every Released Party, and the Released Parties shall be released and forever discharged from any and all claims, causes of action, demands, rights, actions, suits, and requests for equitable, legal and administrative relief of any kind or nature whatsoever arising from or relating to the facts alleged in the complaint in this Action, whether known or unknown, asserted or unasserted, that any Class Member ever had, could have had, now has, or can, shall or may have up to the date of the Effective Date of this settlement.

The foregoing is a summary of the basic terms of the Settlement. The full terms of the Settlement are set forth in a Settlement Agreement that can be viewed on Settlement Website at www.FranklinTownshipVPRPClassaction.com.

WHAT ARE MY RIGHTS? If you are a member of the Settlement Class and wish to participate in the Settlement, you need to file a claim on or before February 21, 2025 to potentially receive a Settlement Award. If you are a member of the Settlement Class and do not file a claim you will still be bound by the Release in this matter. If you are a member of the Settlement Class and you do NOT want to remain part of the Settlement Class, you may exclude yourself (โ€œopt-outโ€). To opt-out, you must mail a written request, postage pre-paid, to the Settlement Administrator, Angeion Group located at Franklin Township VPRP Class Action c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or email to info@FranklinTownshipVPRPClassaction.com. To be effective, the request for exclusion must include (1) the Settlement Class Memberโ€™s full name, telephone number, mailing address, and email address; (2) a clear statement that the Settlement Class Member wishes to be excluded from the Settlement Class; (3) the name of this Action: โ€œCappolina et al. v. Franklin Township et al.โ€; and (4) the Settlement Class Memberโ€™s signature. Any Settlement Class Member who submits a timely and valid request for exclusion is foreclosed from objecting to the Settlement or to Settlement Class Counselโ€™s motion for attorneysโ€™ fees, costs, and service awards. If a Settlement Class Member submits both a timely and valid request for exclusion and an objection, the Settlement Class Member shall be treated as if they had only submitted a request for exclusion. The deadline to opt-out is February 6, 2025.

If you do not opt out of the class, you may object to the proposed Settlement. Any objection to the Settlement must be filed with the Court no later than February 6, 2025, with a copy sent to the Settlement Administrator (identified below). Settlement Class Members who object shall remain Settlement Class Members and shall be subject to the Release set forth in this Settlement Agreement if this Settlement is approved by the Court and becomes effective. To be considered valid, an objection must be in writing, must be filed with the Court at the address listed in the Notice, filed no later than February 6, 2025 and must include the following: (1) the name of this Action: โ€œCappolina et al. v. Franklin Township et al.โ€; (2) the full name, mailing address, telephone number, and email address of the objector; (3) the objectorโ€™s signature; (4) a description of the specific reasons for the objection; (5) the name, address, bar number and telephone number of counsel for the objector, if the objector is represented by an attorney; (6) state whether the objector intends to appear at the Fairness Hearing either in person or through counsel and (7) a list of other cases in which the Class Member or counsel for the Class Member has appeared either as an objector or counsel for an objector in the last five years. Any Settlement Class Member who does not timely submit an objection in accordance with this section shall waive the right to object or to be heard at the Fairness Hearing and shall be forever barred from making any objection to the proposed Settlement or to Settlement Class Counselโ€™s motion for attorneysโ€™ fees, costs, and service awards. Any Settlement Class Member who objects to the Settlement shall nevertheless be eligible for all benefits of the Settlement if it is approved and becomes final.

On February 7, 2025, at 9:30 a.m., the Superior Court of New Jersey, Law Division, Gloucester County, the Honorable Timothy W. Chell, P.J. Civ. 1 North Broad Street, Woodbury, New Jersey 08096, will hold a public hearing to determine whether the proposed Settlement is fair, adequate, and reasonable and should be approved (the โ€œFairness Hearingโ€). The date of the Fairness Hearing may change without further notice to you. Settlement Class Members who support the proposed Settlement do not need to appear at the Fairness Hearing or take any other action to indicate their approval. Members of the Settlement Class who object to the proposed Settlement are not required to attend the Fairness Hearing. If you want to be heard orally in opposition to the Settlement, either personally or through counsel, you must indicate your intention to appear at the Fairness Hearing in your written objection.
HOW DO I GET MORE INFORMATION? Further information about the Settlement can be obtained by visiting the Settlement Administratorโ€™s website at www.FranklinTownshipVPRPClassaction.com or by contacting the Settlement Administrator via email at info@FranklinTownshipVPRPClassaction.com

PLEASE DO NOT WRITE OR TELEPHONE THE COURT FOR INFORMATION
ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.
Dated: December 23, 2024

Learn more about David Cappolina et al. v. Franklin Township et al., Docket No. GLO-L-1289-21, by visiting the Administrator's website.

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