Borough of Middletown, et al. v. McNees Wallace & Nurick LLC, et al.

Court of Common Pleas Dauphin County, Pennsylvania

YOU HAVE RECEIVED A NOTICE BECAUSE YOU ARE A RETAIL WATER CUSTOMER OR RETAIL SEWER CUSTOMER IN THE BOROUGH OF MIDDLETOWN WHO PAID, OR WILL PAY, THE SHORTFALL RECOVERY AMOUNT FOR A WATER SALES TEST PERIOD DURING THE TERM OF THE LEASE BETWEEN THE BOROUGH OF MIDDLETOWN AND MIDDLETOWN WATER JOINT VENTURE LLC, DATED SEPTEMBER 30, 2014. YOU MAY BE ABLE TO RECEIVE MONEY FROM THIS CLASS ACTION SETTLEMENT.

YOUR OPTIONS

DO NOTHINGIf the Court approves the Settlement and you are a Class Member, you will receive your pro rata payment for the paid Shortfall Recovery Amounts for the Water Sales Test Periods to reimburse portions paid for the Shortfall Recovery Amounts pursuant to the terms of the Settlement. These pro rata payments under the Settlement are for up to 15% of the Shortfall Recovery Amount paid, not to exceed $300,000 aggregate for the Settlement Class for any Water Sales Test Period. These payments under the Settlement shall continue approximately every three years until it is exhausted or the Lease has expired, whichever comes first.
OPT-OUTIf you do not want to be a member of the Settlement Class and receive payment, and wish to pursue an individual separate lawsuit over the issues in the Action, then you must take affirmative steps to exclude yourself this Settlement and the Settlement Class. This process is referred to as "opting-out" of the Settlement Class. 
OBJECTIf you are a Class Member, you can submit written notice of objection to the Court in support of, or in opposition to, the Settlement or any of its terms. A written statement in opposition to the Settlement is called an "objection."
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Call
(833) 933-8708
Mail
Borough of Middletown, et al. v. McNees Wallace & Nurick LLC, et al.
Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

Important Dates

  • Exclusion Deadline.

    Monday, October 9, 2023 You must complete and mail your request for exclusion form so that it is postmarked no later than Monday, October 9, 2023.
  • Objection Deadline.

    Monday, October 9, 2023 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, October 9, 2023.
  • Final Approval Hearing Date.

    Thursday, November 9, 2023 The Final Approval Hearing is scheduled for November 9, 2023. Please check this website for updates.

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