REQUEST FOR REVOCATION OF PRIOR ELECTION
This document, once completed, is your request to be allowed to participate in the partial class action settlement of Ruff, et al. v. Parex, Inc., et al., Case No. 96 CVS 0059, in the General Court of Justice, Superior Court Division, New Hanover County, State of North Carolina ("Action"), notwithstanding that you previously elected to opt out of the Action.
This opportunity to allow you to again participate in the settlement is provided under Section 11 of the Settlement Agreement between Settling Defendant and Class Members.
Paragraph 11.1 of the Settlement Agreement provides that:
Persons who would be Settlement Class Members, but previously opted out of the Action pursuant to the notice of class action disseminated on or about July 25, 1997,or pursuant to the Court order dated June 16, 1999, may request to participate in this Settlement Agreement ("Opt In") by timely completing and mailing to the Claims Administrator the Claim Form and Request for Revocation of Prior Election. Opt In requests will be allowed, if at all, at the absolute discretion of the Settling Defendant and shall not be effective until, and if, allowed by Settling Defendant. The decision of the Settling Defendant to allow a Person to Opt In or not is not subject to ADR or other review.
If your request to revoke your prior election to opt out is rejected, you will be notified in writing by the Claims Administrator. The submission of this Request for Revocation of Prior Election does not change any legal rights you may or may not have at the time of submission or otherwise.
If your request is allowed by Settling Defendant, then your rights will be determined under, and you will be bound by, the terms and conditions of the Settlement Agreement. Furthermore, if your request is allowed, you will not be permitted to Opt Out at a later date.
IMPORTANT If you replaced the siding on your house ("reclad"), you may impair your rights to recover under the terms of the Settlement Agreement. If you are in the process of recladding or intend to reclad your house and the Settling Defendant allows you to Opt In, then you must allow the Claims Administrator to send an Independent Inspector to your home before recladding. Recladding your house before the Independent Inspector visits your home and a recovery determination is made may prejudice your rights under the Settlement Agreement.
A copy of the Settlement Agreement is available at the following internet web site: http://www.ncstucco.com.
In submitting this form, you need not consult an attorney. However, if you are uncertain about your rights, you are encouraged to consult your own attorney or the Plaintiffs' Class Counsel representative, Mr. Carl W. ("Trey") Thurman, III, Esq., Shipman & Associates, L.L.P., 11 South Fifth Avenue, Wilmington, North Carolina 28401; telephone 910.762.1990, facsimile, 910.762.6752.
CLAIMANT:
After reviewing the above, please sign below and return the entire form to the Settlement Administrator:
I have reviewed and understand the above terms of the Request for Revocation of Prior Election and request to be allowed to participate in the Class Action Settlement.
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Claimant
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Claimant
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Request Accepted: _____________
Request Rejected: _____________
Settling Defendant: _______________
By: ________________________
Title: ________________________
Date: ________________________