OFFICIAL COURT NOTICE OF SETTLEMENT

Transcription

1 OFFICIAL COURT NOTICE OF SETTLEMENT KELLY MINICH AND DEBBIE MINICH, individually and on behalf of all others similarly situated, Superior Court of California, County of San Diego v. Plaintiffs, Case No CU-IC-CTL Civil Action THE PNC FINANCIAL SERVICES GROUP, INC., PNC BANK, N.A. and DOES 1 through 50, inclusive. Defendants. The Settlement of This Class Action Lawsuit May Entitle You to Receive Interest on Insurance Loss Proceeds Held by National City Mortgage Company and/or PNC Bank, N.A. from July 7, 2007 to July 7, PLEASE READ THIS NOTICE CAREFULLY IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND BENEFITS UNDER THE PROPOSED SETTLEMENT The Superior Court of California, County of San Diego, authorized this Notice. This is not a solicitation from a lawyer. IMPORTANT DATES April 26, 2012: April 26, 2012: June 1, 2012: Last day to exclude yourself from the Settlement Last day to object to the Settlement Final Approval Hearing Class Notice Page 1 of 6

2 1. Why Should I Read this Notice? There is pending in the Superior Court of California for San Diego County (the Court ) a civil action entitled Kelly Minich, an individual, and Debbie Minich, an individual, on behalf of themselves and all others similarly situated v. The PNC Financial Services Group, Inc.; PNC Bank, N.A. and bearing Case No CU-IC-CTL (the Action ). This Notice is to inform you of the settlement ( Settlement ) of the Action that may entitle you to interest payments on insurance loss proceeds held by National City Mortgage Company ( National City ), or its successor PNC Bank, N.A. from July 8, 2007 to July 8, Along with PNC Bank, N.A., PNC Financial Services Group, Inc. was named as a defendant in the lawsuit (collectively Defendants ). This Notice explains the nature of the Action and the terms of the Settlement and informs you of your legal rights and obligations. You should read this Notice to learn how much money, if any, you may receive in the Settlement, what you need to do to claim that money, how the Settlement will affect your legal rights, and what you need to do if you wish to object to the Settlement or not participate in the Settlement. 2. What is this Lawsuit About? Kelly Minich and Debbie Minich ( Plaintiffs ) had a mortgage with PNC Bank, N.A. that was secured by their home in San Diego County. When Plaintiffs home was damaged by wildfires, Plaintiffs submitted an insurance loss claim to their insurer. Plaintiffs insurer released the insurance loss proceeds to PNC Bank, N.A., which deposited the insurance loss proceeds into a restricted escrow account and then paid the insurance loss proceeds in installments to Plaintiffs. Plaintiffs allege that Defendants failed to pay them interest on the insurance loss proceeds held in escrow. Believing that other mortgagees also did not receive interest on their insurance loss proceeds, Plaintiffs filed this class action. A class action is a type of lawsuit in which one or a few individuals represent a group of people who were also allegedly harmed by a defendant s conduct. This group of people is referred to as the Class. At all times, Defendants have denied and continue to deny any wrongdoing whatsoever. Defendants assert that interest is paid on insurance loss proceeds placed in restricted escrow accounts, but due to a manual coding error on Plaintiffs account, interest was not fully calculated and paid to Plaintiffs in 2008 and part of Defendants deny that they have committed any wrongful acts or violations of law or duty, including, but not limited to, those alleged in the Action. In addition, Defendants have and continue to maintain that they have meritorious defenses to all claims alleged in the Action and are prepared to vigorously defend the Action and oppose class certification. However, the Parties are aware of the costs and expenses of engaging in protracted litigation. Accordingly, to resolve this matter without the expense and uncertainties of litigation, Plaintiffs and Defendants have reached a proposed settlement. By settling this action, Defendants are not admitting that they are liable to Plaintiffs or any other persons and any such liability is expressly denied. The Court has not expressed any view regarding the merits of Plaintiff s claim. 3. Who is a Class Member for this Lawsuit? You are a member of the Settlement Class for this Lawsuit and your rights may be affected if you had a mortgage with National City Mortgage and/or PNC Bank in California, made an insurance loss claim, and were not paid interest on any insurance loss proceeds held by National City Mortgage and/or PNC Bank from July 8, 2007 to July 8, Class Notice 2 of 6

3 4. What Relief is Provided to Class Members Under the Settlement? PNC Bank, N.A. will pay up to $227,500 to establish a settlement fund to be administered by a third party claims administrator (the Settlement Fund ). From the Settlement Fund, PNC Bank, N.A. will pay the guaranteed amount of $42,500 to satisfy any valid claims of the Settlement Class with any remainder of this guaranteed amount to go to a cy pres recipient. The parties have agreed upon Voices for Children, the Court Appointed Special Advocates for San Diego Diego County, as the cy pres recipient, subject to approval by the Court. An additional $105,000 from the Settlement Fund will be reserved to pay any additional valid claims submitted by the Settlement Class as well as any costs of providing notice to the class and claims administration. The cost of providing notice to the Settlement Class is estimated to be around $7,100 and the cost of claims administration is estimated to be around $12,000. If the total amount of valid claims submitted by the Settlement Class exceeds $147,500 (both the guaranteed amount and the reserved portion of the Settlement Fund), the members of the Settlement Class will share in the Settlement Fund in equal percentages after the costs of notice and claims administration, and attorney s fees and costs, are deducted from the Settlement Fund. After all valid claims, costs of notice and claims administration, and attorney s fees and costs have been paid, any portion of the Settlement Fund that is remaining will revert back to PNC Bank, N.A. 5. How Do I Make a Claim in the Settlement? If you believe you are a member of the Settlement Class and have not been paid interest on your insurance loss proceeds held by Defendants, you will need to contact the claims administrator at (888) and submit a written claim form. In the written claim form, you must provide (if possible) your name, address, PNC Bank, N.A loan number, name of insurer, type of insurance loss claim, and date of reported loss. This will assist Defendants in researching and confirming whether you are entitled to interest on any insurance loss proceeds. Your claim form must be received by the claims administrator and postmarked no later than April 26, If I Do Not Want to be in the Class, How Do I Exclude Myself? If you do NOT want to remain a Class Member and participate in the Settlement, and wish to exclude yourself from the Lawsuit, you must send a written request to the Claims Administrator listed below. The written request must set forth your name and address and state that you wish to be excluded from the Class in Minich v. The PNC Financial Services Group, Inc.; PNC Bank, N.A. Case No CU-IC-CTL. The exclusion request must be sent by firstclass mail and postmarked no later than April 26, 2012, addressed to: PNC Claims Administrator CPT Group Inc Aston Irvine, California, (888) Requests for exclusion received after April 26, 2012, will not be effective. Class Notice 3 of 6

4 By electing to be excluded from the Settlement Class, (1) you will not share in any recovery under the Settlement; (2) you will not be bound by any orders or judgments entered in the Lawsuit; and (3) you may present any Released Claim (as described in Section 11 below) you may have against the Released Parties in your own separate lawsuit at your own expense. 7. If I Do Not Like the Settlement, How Do I Object? If you are a Class Member, you have the right to appear before the Court at the Final Approval Hearing on June 1, 2012 at 8:30 a.m. in Department 66 of the Superior Court of California, County of San Diego, located at 330 West Broadway, San Diego, California 92101, and object to the Settlement. However, you must first file a Notice of Intention to Appear and Object. All objections must be filed with the Court by April 26, You must provide (1) a notice of your intention to appear at the Final Approval Hearing, if you so intend; (2) your name and address and your counsel s name and address (if you intend to appear through counsel); (3) a statement of the basis for each objection asserted; (4) documentary proof that you are a member of the Settlement Class; (5) any legal authority you wish the Court to consider; (6) a list of documents and things you wish the Court to consider; (7) a list of documents and things you may offer as evidence or exhibits; and (8) the names and addresses of any witnesses you may call to testify and a summary of each such witness s expected testimony. You must deliver your objection by first-class mail, hand, or overnight delivery service to the Claims Administrator at the address listed in Section 6 above; and file a copy of your objection with the Clerk of the Court at 330 West Broadway, San Diego, California What is the Difference Between Objecting and Excluding? Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you remain a member of the Settlement Class. Excluding yourself as a member of the Settlement Class is telling the Court that you do not want to be a part of the Settlement Class or this Lawsuit. If you exclude yourself, you have no basis to object because the Lawsuit no longer affects you. 9. If I Remain as a Class Member, Who Represents Me? The Court has approved the following attorneys to represent the Class. They are called Class Counsel. You will not be charged for Class Counsel s services. If you want to be represented by your own lawyer, you may hire one at your own expense. Class Counsel Matthew B. Butler Tracy Jones Nicholas & Butler, LLP 225 Broadway, 19th Floor San Diego, CA (619) Class Notice 4 of 6

5 10. When Will the Court Decide Whether the Settlement Should be Approved? The Court will hold the Final Settlement Approval Hearing on at the Final Approval Hearing on June 1, 2012 at 8:30 a.m. in Department 66 of the Superior Court of California, County of San Diego, located at 330 West Broadway, San Diego, California At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate to the Class Members. If there are any objections, the Court will consider them at this hearing. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much Defendants will be required to pay Class Counsel. At or after the hearing, the Court will decide whether to approve the Settlement. The hearing can be continued at any time by the Court without further notice to you. You are not required to attend the hearing in order to participate in the Settlement. 11. What Claims Will I Release if the Settlement is Approved by the Court? Unless you exclude yourself as a member of the Settlement Class pursuant to Section 6 above, all of the Court s orders will apply to you. If the Settlement is approved by the Court, all members of the Settlement Class will release on behalf of themselves and their agents, servants, employees, representatives, assigns, heirs, executors, trustees, joint venturers, partners and attorneys, and each of them, shall be deemed to have jointly and severally released and discharged Defendants and all of their respective parents, affiliates, subsidiaries, predecessors, successors, assigns, officers, directors, servants, agents, representatives, employees and attorneys from any and all actions, causes of action, obligations, costs, expenses, damages, losses, claims, liabilities, and demands, of whatever character, known or unknown, to the date hereof, arising out of or relating to the payment of interest on insurance loss proceeds, including without limitation, those alleged in the Action and/or Complaint. 12. How Will Class Counsel s Fees and Expenses be Paid? Class Counsel will seek Court approval of up to $80,000 in attorneys fees and costs. Any attorneys fees and costs approved by the Court will be paid to Class Counsel out of the Settlement Fund. 13. How Will the Costs Associated With the Notice and Administration of this Settlement be Paid? The costs associated with the notice and administration of this Settlement will be paid from the Settlement Fund established by Defendants. The costs of notice and administration are estimated to be approximately $9, What is the Incentive Award to the Class Representative? The Court has appointed Plaintiffs Kelly Minich and Debbie Minich as the class representatives ( Class Representatives ), and Plaintiffs will jointly seek Court approval for $7,500 in payment for their services as Class Representative. Any incentive award approved by the Court will be paid directly by Defendants to Plaintiffs and will not reduce the Settlement Fund established by Defendants. Class Notice 5 of 6

6 15. Where Can I Obtain More Information About the Settlement? This Notice is only a summary of the proceedings in the Lawsuit. If you need additional information, you may write, call or Class Counsel, using the contact information listed in Section 9 above, or you can contact the Claims Administrator using the contact information listed in Section 6 above. Please include the case name and number, and your name. PLEASE DO NOT CALL THE COURT OR DEFENDANTS ATTORNEYS By Order of the Court. Dated: March 12, 2012 Honorable Joel M. Pressman Judge of the Superior Court Class Notice 6 of 6