A lawsuit captioned William and Virginia McCurdy, Oakley and Nancy White and Constance Daly v. Wilkinson Enterprises, Inc., Wilkinson Residential Construction, Inc., and Wilkinson Heritage, LLC et al. (“Wilkinson “), Civil Division No. 2013-01447-TT, was filed in the Court of Common Pleas, Chester County, Commonwealth of Pennsylvania on behalf of all persons who are both the current owners and original purchasers of residences located in Phase 1 of the Brittany Hills at New Garden Age Qualified Planned Community located in New Garden Township, Chester County, Pennsylvania. However, the residents of 311 Carlisle Drive, Avondale, PA 19311 and 220 Brittany Hill Drive, Avondale, PA 19311 are not class members and not entitled to relief under this proposed settlement. The complaint alleges that Wilkinson constructed their homes in error by improperly installing the stucco on the homes in violation of the relevant building codes in effect at the time of construction. Wilkinson denies any wrongdoing and denies the claims and allegations asserted by Plaintiffs and maintains that Plaintiffs’ homes do not contain any construction errors. The parties nevertheless have agreed to settle the lawsuit.
AM I COVERED BY THIS CLASS ACTION LAWSUIT AND THE PROPOSED SETTLEMENT? If you are both the current owner and original purchaser of a home in the Phase 1 Section of the Brittany Hills at New Garden Age Qualified Planned Community located in New Garden Township, Pennsylvania, you may be a Class Member. However, the residents of 311 Carlisle Drive, Avondale, PA 19311 and 220 Brittany Hill Drive, Avondale, PA 19311 are not class members and not entitled to relief under this proposed settlement. If you have any questions regarding whether you are a Class Member, you can contact Class counsel Stephen P. DeNittis at 856-797-9951 or via email at email@example.com. You can also obtain more information about the settlement by visiting Class counsel’s website at www.denittislaw.com.
WHAT ARE THE TERMS OF THE SETTLEMENT? Wilkinson has agreed to create a Common Fund of $370,000.00 that will be used, among other things, to pay approximately $2,734.00 to Class Members who are both current owners and original purchasers of a property located in Phase 1 of the Brittany Hills at New Garden Age Qualified Planned Community located in New Garden Township, Pennsylvania. Under the proposed settlement, Class Members who submit a timely completed claim form with the required documentation showing they are both the current owner and original purchaser of their home will receive a check in the amount of approximately $2,734.00 from the Common Fund, via first class mail on or before March 5, 2015, if the Settlement is approved by the Court. Pursuant to the terms of the settlement, Class counsel also will apply to the Court for an award of reasonable attorneys’ fees not to exceed 35% of the Common Fund and litigation expenses not to exceed $15,000.00 and for incentive award payments for the named Plaintiffs in the amount of $4,000.00 per residence which will be paid from the Common Fund, subject to court approval. These payments will not diminish the $2,734.00 to be to be paid to Class Members who file a timely claim with supporting proofs. The proposed settlement is intended to settle all claims against Defendants that arise from a Class Member’s claims for alleged stucco defects associated with their homes and by participating in this Settlement each class member is releasing all such claims as further described in the Settlement Agreement. This includes any and all claims or causes of action that were, or could have been, asserted by the named Plaintiffs or any member of the Class against Defendants based upon or related to the facts, conduct, omissions, transactions, occurrences or matters that were alleged or could have been alleged in the litigation regarding alleged stucco defects of the homes.
WHAT ARE MY RIGHTS? If you are a member of the Class and wish to participate in the settlement, you will need to complete and sign the attached claim form and mail, fax, or email where directed at the bottom of the form along with supporting documentation. Additional Claim forms are also available at Class counsel’s website (www.denittislaw.com). Completed claim forms must be submitted by October 1, 2014. Failure to submit completed claims and supporting documentation by October 1, 2014, will prevent you from receiving any money from the Common Fund. If the settlement is approved, Class Members who submit a timely claim with the required supporting documents will receive a check in the amount of $2,650.00 on or before March 5, 2015. If you are a member of the Class and you do NOT want to remain part of the Class, you must exclude yourself (“opt-out”). To opt-out, you must mail a written request, postage pre-paid, to the Claims Administrator, Class counsel at Stephen P. DeNittis, DeNittis Osefchen, P.C., Five Greentree Centre, Suite 410, Route 73 N., Marlton New Jersey 08053 and to the Defendants’ Counsel, John W. Dornberger, Post & Schell, P.C., 17 North Second Street 17th Floor, Harrisburg, PA 17101-1601. The request must be post-marked on or before August 1, 2014, and contain: the name of the lawsuit; your full name, current address and phone number; your signature; and a specific statement of your intention to exclude yourself from the Settlement Class and any judgment entered pursuant to the proposed Settlement. If you do not opt-out as instructed above, you will be automatically included and bound by any determination of the Court, whether favorable or not, and any claim of yours will be ended by judgment regardless of whether you submit a timely claim. You may also file a motion with the Court for permission to intervene in this lawsuit and/or object on or before August 1, 2014, a copy of which also must be served on Class counsel and Defendants’ counsel at the above addresses by no later than August 1, 2014. Any objection must contain the name of this lawsuit; your full name, current address and telephone number; your signature; proof of your membership in the Class; the specific reason(s) for your objection; and any and all evidence and supporting papers (including, without limitation, all briefs, written evidence, and declarations) that you would like the Court to consider.
On August 15, 2014, at 10:00am, the Court of Common Pleas, Chester County, Chester County Justice Center, 201 W. Market Street, West Chester, PA 19380-0989, the Honorable Jacqueline C. Cody presiding, will hold a public hearing to determine whether the proposed settlement is fair, adequate, and reasonable and should be approved. Class members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval. Class Members who object to the proposed settlement are not required to attend the settlement 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 hearing in your written objection or by filing other papers with the Court by August 1, 2014 indicating your intention to appear.
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