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        <h3 class="panel-title">IN THE COURT OF COMMON PLEAS FOR PHILADELPHIA COUNTY, PENNSYLVANIA <br>
          <strong>Ryan v Tidewater Finance Company No. 03529 of 2017 Case ID 170903529</strong>
        </h3>
      </div>
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          <p style="text-align:center;">
            <strong>NOTICE OF PROPOSED CLASS ACTION SETTLEMENT</strong>
          </p>
          <p>You may be entitled to receive a settlement payment and other valuable benefits in connection with a class action against Tidewater Finance Company</p>
          <p></p>
        </div>
        <p style="font-size:medium;">A court has authorized this Notice. This is not a solicitation from a lawyer.</p>
        <ul style="font-size:medium;color:black;padding-bottom:10px;">
          <li>A Settlement has been reached with Tidewater Finance Company (the "Defendant"), in a class action lawsuit over whether Tidewater sent proper post-repossession disclosure notices to borrowers of their rights after Tidewater repossessed
            their motor vehicles, the notice after the repossession and before the sale (“Notice of Repossession”) and after the sale (“Post-Sale Notice”). This litigation, known as <strong>Ryan v Tidewater Finance Company</strong>,
            <i>No. 03529 of 2017</i> is pending before the Court of Common Pleas of Philadelphia County, Pennsylvania.</li>
          <li>The Settlement will provide several benefits for you as outlined below. The law permits you to obtain the relief regardless whether you purchased your repossessed vehicle, reinstated your account after repossession, received the
            challenged post-repossession disclosure notice, or filed for bankruptcy. <ul style="font-size:medium;color:black;margin: 0 0 10px 0;">
              <li><i>Settlement Payments:</i> Members of the Classes will receive a net settlement payment. Equal payments will be made per account. Accounts with more than one borrower will be split evenly among the co-borrowers, unless requested
                otherwise. Assuming no member of the class excludes themself and all cash their checks, your payment should be <strong>$2,281.66</strong>.</li>
              <li><i>Compromised and Extinguished Deficiency Balances;</i> The balance remaining on an auto loan after the financed vehicle is repossessed and sold by a bank or financing company is called a “deficiency balance.” The parties are in a
                good faith dispute as to the validity of this debt. In connection with the Settlement Agreement, Tidewater has agreed to compromise and permanently extinguish (by way of an accord and satisfaction) the disputed deficiency balances it
                claims are remaining on the auto loans of the class members.</li>
              <li><i>Request to Delete Credit Reporting:</i> Tidewater has agreed to submit requests to the three major credit reporting agencies – Experian, Equifax, and TransUnion – to delete the credit reporting related to the class members’ auto
                loans.</li>
              <li><i>Refund of Certain Deficiency Balance Payments and Vacating of all Deficiency Judgments:</i> Tidewater has agreed to refund to the class members any payments the class members made toward their deficiency balances on or after
                September 28, 2017, the date of the filing of this lawsuit, and also refund all payments made to Tidewater by any class member in connection with any deficiency judgments. The Notice you received by mail will inform you if you are
                entitled to such a payment. </li>
              <li>If you received a Notice by mail, you are assumed to be part of the Settlement. Therefore, your rights will be affected even if you do nothing. Please read the Notice carefully.</li>
            </ul>
            <p><strong>Here is a summary of the actions you can take in this matter:</strong></p>
            <p><strong>DO NOTHING:</strong> You remain in the Settlement. If the Settlement is approved, you will receive the benefits summarized above, and, in exchange, you give up the right to sue Tidewater for matters concerning your auto loan
              and the repossession and sale of your vehicle as set forth in the Settlement Agreement.</p>
            <p><strong>ASK TO BE EXCLUDED:</strong> You are removed from the Settlement. You will not receive the benefits summarized above. However, this is the only option that allows you to pursue your own lawsuit or to participate in any other
              lawsuit against Tidewater concerning your auto loan or the repossession and sale of your vehicle. The deadline for you to submit your request to be excluded is <i><u>September 7, 2020</u></i>, so you must act promptly.</p>
            <p><strong>OBJECT TO SETTLEMENT:</strong> If you object to the Settlement, you are still in the Settlement, but you have notified the Court in writing that you don't like the Settlement and why. The deadline for you to submit an objection
              is <i><u>September 7, 2020</u></i>, so you must act promptly.</p>
            <p><strong>OBJECT TO ALLOCATION OF SETTLEMENT PAYMENTS OR REFUND PAYMENTS (CO-BORROWERS ONLY):</strong> If you are a co-borrower you may also object to the equal allocation between co-borrowers on an auto loan of the (1) settlement
              payment; and/or, (2) the refund of deficiency payments made on or after September 28, 2017. This is not the same as objecting to the Settlement. The deadline for you to submit an objection to the refund payment allocation is
              <u><i>September 7, 2020</i></u>, so you must act promptly.</p>
            <p><strong>GO TO THE HEARING WHERE THE COURT CONSIDERS WHETHER TO APPROVE THE SETTLEMENT:</strong> You are still in the Settlement and get the benefits of the Settlement, if approved by the Court. You do not need to attend the hearing to
              get the benefits of the Settlement. The Court will hold a fairness hearing on <u><i>Wednesday, September 30, 2020 at 10:00 a.m. in Courtroom 425, 1400 John F Kennedy Blvd, Philadelphia, PA 19107</i></u>. The hearing may be moved to a
              different date or time, or be held via videoconference or telephone conference, without additional notice (including a sooner date), so if you intend to attend the hearing, it is a good idea to confirm in advance that the date and time
              of the hearing has not changed.</p>
            <p>You may contact Class Counsel at (248) 562-1320 or (412) 716-5800 or rshenkan@shenkanlaw.com</p>
            <br>
            <p> Below are the documents for this case. Click on them to view in a new window. You will need Acrobat Reader to view these documents. (available <a href="http://get.adobe.com/reader/" target="_blank">here</a>) </p>
            <br>
            <div class="row">
              <div class="text-center h4">
                <a target="_blank" href="Ryan v Tidewater Notice for Web.pdf">Notice of Class Action Settlement</a><br>
                <a target="_blank" href="Ryan v Tidewater ORDER Prel Cert.pdf">Preliminary Approval Order</a><br>
                <a target="_blank" href="PLT Memo of Law Support Uncontested Motion Conditional Cert of Settlement Class Preliminary Approval.pdf">PLT Memo of Law Support Uncontested Motion Conditional Cert of Settlement Class Preliminary Approval</a><br>
              </div>
            </div>
            <br>
            <p>You may also examine documents relating to this case in person during regular office hours at the Philadelphia Office of Judicial Records, located at Room 284, City Hall, 1400 John F Kennedy Blvd, Philadelphia, PA 19107 or by accessing
              the Court’s online docket at:</p>
            <div class="row">
              <div class="text-center h4">
                <a target="_blank" href="https://fjdefile.phila.gov/efsfjd/zk_fjd_public_qry_00.zp_disclaimer">https://fjdefile.phila.gov/efsfjd/zk_fjd_public_qry_00.zp_disclaimer</a><br> (Case ID 170903529)
              </div>
            </div>
          </li>
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Text Content

IN THE COURT OF COMMON PLEAS FOR PHILADELPHIA COUNTY, PENNSYLVANIA
RYAN V TIDEWATER FINANCE COMPANY NO. 03529 OF 2017 CASE ID 170903529

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

You may be entitled to receive a settlement payment and other valuable benefits
in connection with a class action against Tidewater Finance Company



A court has authorized this Notice. This is not a solicitation from a lawyer.

 * A Settlement has been reached with Tidewater Finance Company (the
   "Defendant"), in a class action lawsuit over whether Tidewater sent proper
   post-repossession disclosure notices to borrowers of their rights after
   Tidewater repossessed their motor vehicles, the notice after the repossession
   and before the sale (“Notice of Repossession”) and after the sale (“Post-Sale
   Notice”). This litigation, known as Ryan v Tidewater Finance Company, No.
   03529 of 2017 is pending before the Court of Common Pleas of Philadelphia
   County, Pennsylvania.
 * The Settlement will provide several benefits for you as outlined below. The
   law permits you to obtain the relief regardless whether you purchased your
   repossessed vehicle, reinstated your account after repossession, received the
   challenged post-repossession disclosure notice, or filed for bankruptcy.
   * Settlement Payments: Members of the Classes will receive a net settlement
     payment. Equal payments will be made per account. Accounts with more than
     one borrower will be split evenly among the co-borrowers, unless requested
     otherwise. Assuming no member of the class excludes themself and all cash
     their checks, your payment should be $2,281.66.
   * Compromised and Extinguished Deficiency Balances; The balance remaining on
     an auto loan after the financed vehicle is repossessed and sold by a bank
     or financing company is called a “deficiency balance.” The parties are in a
     good faith dispute as to the validity of this debt. In connection with the
     Settlement Agreement, Tidewater has agreed to compromise and permanently
     extinguish (by way of an accord and satisfaction) the disputed deficiency
     balances it claims are remaining on the auto loans of the class members.
   * Request to Delete Credit Reporting: Tidewater has agreed to submit requests
     to the three major credit reporting agencies – Experian, Equifax, and
     TransUnion – to delete the credit reporting related to the class members’
     auto loans.
   * Refund of Certain Deficiency Balance Payments and Vacating of all
     Deficiency Judgments: Tidewater has agreed to refund to the class members
     any payments the class members made toward their deficiency balances on or
     after September 28, 2017, the date of the filing of this lawsuit, and also
     refund all payments made to Tidewater by any class member in connection
     with any deficiency judgments. The Notice you received by mail will inform
     you if you are entitled to such a payment.
   * If you received a Notice by mail, you are assumed to be part of the
     Settlement. Therefore, your rights will be affected even if you do nothing.
     Please read the Notice carefully.
   
   Here is a summary of the actions you can take in this matter:
   
   DO NOTHING: You remain in the Settlement. If the Settlement is approved, you
   will receive the benefits summarized above, and, in exchange, you give up the
   right to sue Tidewater for matters concerning your auto loan and the
   repossession and sale of your vehicle as set forth in the Settlement
   Agreement.
   
   ASK TO BE EXCLUDED: You are removed from the Settlement. You will not receive
   the benefits summarized above. However, this is the only option that allows
   you to pursue your own lawsuit or to participate in any other lawsuit against
   Tidewater concerning your auto loan or the repossession and sale of your
   vehicle. The deadline for you to submit your request to be excluded is
   September 7, 2020, so you must act promptly.
   
   OBJECT TO SETTLEMENT: If you object to the Settlement, you are still in the
   Settlement, but you have notified the Court in writing that you don't like
   the Settlement and why. The deadline for you to submit an objection is
   September 7, 2020, so you must act promptly.
   
   OBJECT TO ALLOCATION OF SETTLEMENT PAYMENTS OR REFUND PAYMENTS (CO-BORROWERS
   ONLY): If you are a co-borrower you may also object to the equal allocation
   between co-borrowers on an auto loan of the (1) settlement payment; and/or,
   (2) the refund of deficiency payments made on or after September 28, 2017.
   This is not the same as objecting to the Settlement. The deadline for you to
   submit an objection to the refund payment allocation is September 7, 2020, so
   you must act promptly.
   
   GO TO THE HEARING WHERE THE COURT CONSIDERS WHETHER TO APPROVE THE
   SETTLEMENT: You are still in the Settlement and get the benefits of the
   Settlement, if approved by the Court. You do not need to attend the hearing
   to get the benefits of the Settlement. The Court will hold a fairness hearing
   on Wednesday, September 30, 2020 at 10:00 a.m. in Courtroom 425, 1400 John F
   Kennedy Blvd, Philadelphia, PA 19107. The hearing may be moved to a different
   date or time, or be held via videoconference or telephone conference, without
   additional notice (including a sooner date), so if you intend to attend the
   hearing, it is a good idea to confirm in advance that the date and time of
   the hearing has not changed.
   
   You may contact Class Counsel at (248) 562-1320 or (412) 716-5800 or
   rshenkan@shenkanlaw.com
   
   
   Below are the documents for this case. Click on them to view in a new window.
   You will need Acrobat Reader to view these documents. (available here)
   
   
   Notice of Class Action Settlement
   Preliminary Approval Order
   PLT Memo of Law Support Uncontested Motion Conditional Cert of Settlement
   Class Preliminary Approval
   
   
   
   You may also examine documents relating to this case in person during regular
   office hours at the Philadelphia Office of Judicial Records, located at Room
   284, City Hall, 1400 John F Kennedy Blvd, Philadelphia, PA 19107 or by
   accessing the Court’s online docket at:
   
   https://fjdefile.phila.gov/efsfjd/zk_fjd_public_qry_00.zp_disclaimer
   (Case ID 170903529)

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