Frequently Asked Questions
  1. What is this lawsuit about?
  2. Why is this a class action?
  3. Why is there a settlement?
  4. How do I know if I am part of the settlement?
  5. If I do not have a receipt or sales invoice to show that my windows are Pella ProLine Casement Windows, can I still participate in the settlement?
  6. How do I file a claim?
  7. Can I file a Claim Form and an Arbitration Form?
  8. How can I get compensation?
  9. What do “Dates(s) of Sale”, “Prior Notice” and “Retailer’s List Price” mean?
  10. What are the benefits of the Settlement?
  11. What Benefits can I receive for repairs made prior to December 10, 2012?
  12. What Benefits can I receive for Eligible Damage unrepaired as of December 10, 2012?
  13. What is the process for Arbitration
  14. Can I seek relief for Eligible Damage after the close of the claims period (July 23, 2013)?
  15. When would I get my payment?
  16. What is the ProLine Service Enhancement Program (PSEP)?
  1. What am I giving up by staying in the Class and participating in the Settlement?
  2. How can I exclude myself from the Settlement Class?
  3. What if I want to object to the settlement?
  4. Who is the attorney for the class in this case?
  5. How will the administrative costs and attorneys’ fees be paid?
  6. What is the deadline to file a claim for current damage or a claim for unreimbursed repair?
  7. What happens after I submit my claim form?
  8. What happens if my claim is denied?
  9. What happens if my claim is approved?
  10. What are the fees involved in filing a Claim Form or Arbitration Form?
  11. What if I cannot provide all of the information needed to file a claim for damages?
  12. I filed my claim months/years ago and have never heard anything. What is going on?
  13. Why was I mailed the Notice of Class Action Settlement?
  14. When is the hearing to approve the Settlement?
  15. What if I have a Pella product that has leaked or caused damage, but is not the type of window which is the subject of this lawsuit? Am I still eligible to file a claim?
  1. What is this lawsuit about?

    Plaintiffs allege that Pella ProLine Casement Windows contain defects that have caused water intrusion and resulting damage to the windows and Plaintiffs’ property; that some Pella ProLine Casement Window owners have paid for repairs or replacements of their subject windows; and that some owners will require future repairs or replacements of their subject windows.

    Defendants do not believe there is any defect in these windows and assert numerous defenses to Plaintiffs’ claims.

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  2. Why is this a class action?

    In a class action, one or more people called “Named Plaintiffs” or “Class Representatives” sue on behalf of people who have similar claims. All of these people are Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the settlement.

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  3. Why is there a settlement?

    The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to settle this case in the interest of serving customers, and to avoid the lengthy trial process. The Settlement does not mean that any law was broken or that Defendants did anything wrong. Defendants do not believe that the legal claims in this case have merit. Class Representatives and their lawyers think the Settlement is best for all Settlement Class Members.

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  4. How do I know if I am part of the Settlement?

    The Court decided that the Settlement Class includes all persons in the United States who are current or former owners of structures containing Pella ProLine brand casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2006. Each of these persons is a Settlement Class Member. Persons who own or owned other types of windows, whether made by Pella or not, are not members of the Settlement Class.

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  5. If I do not have a receipt or sales invoice to show that my windows are Pella ProLine Casement Windows, can I still participate in the settlement?

    If you do not have a receipt, sales invoice, or similar documentation which shows that your windows are Pella ProLine Casement Windows, you can still submit a Claim Form or Arbitration Form by including information contained on your windows. Visit our Product Information page on the website to learn about where you can find identifying information on your window. If you cannot locate the product identification information on your unit, please call, write, or email the Settlement Administrator and the Settlement Administrator will attempt to assist you in locating the product identification on your unit(s).

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  6. How do I file a claim?

    To obtain any benefits for Eligible Damage that existed or exists prior to July 23, 2013, you must follow the Instructions that accompany the Claim Form or Arbitration Form. All Claim Forms and Arbitration Forms, together with supporting documentation or information, as applicable, must be mailed by first-class United States Mail, postage prepaid, and postmarked no later than July 23, 2013, to the Settlement Administrator:

    Window Settlement
    PO Box 2876
    Portland, OR 97208-2876

    You cannot submit your Claim Form or Arbitration Form and accompanying materials by telephone or on the Internet. If you change your address and want to receive a Claim Form or Arbitration Form or any payment owed to you at your new address, you should notify the Settlement Administrator of your new address by sending written notice of your change of address to the Settlement Administrator at the address above. If you meet the eligibility criteria set forth in the Agreement and you discover Eligible Damage after July 23, 2013, you must contact Pella Corporation’s Customer Service Department at 1-888-977-6387 to determine whether or not you are eligible for benefits under the Agreement.

    If you need to obtain one or more Claim Forms or an Arbitration Form, you should contact the Settlement Administrator in any of the following ways: (1) by telephone by calling the Settlement Administrator’s toll-free telephone number, 1-866-523-6760; or (2) by United States Mail by writing to the Settlement Administrator, Epiq Class Action & Claims Solutions, Inc., PO Box 2876, Portland, OR 97208-2876.

    The Claim Form and Arbitration Form each need to be notarized and you must sign each Claim Form or Arbitration Form you submit under penalty of perjury, which means that you are swearing under oath that the statements you make in your Form are true and correct. The submission of a false claim may be a criminal offense.

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  7. Can I file a Claim Form and an Arbitration Form?

    No. You may only file one or the other but not both. See FAQ 13 for explanation of eligibility for arbitration and possible benefits.

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  8. How can I get compensation?

    To receive benefits, you must have experienced “Eligible Damage” and satisfy certain requirements to be an “Eligible Claimant”. The Settlement Agreement defines “Eligible Damage” and “Eligible Claimants” as follows:

    Eligible Damage: Settlement Class Members are eligible to seek benefits if they have experienced past water related damage, current water related damage, or experience water related damage in the future—up to 15 years after the Date of Sale—to a Pella ProLine Casement Window, to the finishing on such window or to other property surrounding such window, such as water related damage to the Structure in which such window was installed because of water penetrating between the aluminum cladding of the window and the window Sash at the corner joint of the cladding or at the glazing/Sash interface (“Eligible Damage”). Eligible Damage includes wood deterioration and/or wood durability damage resulting from water penetrating between the aluminum cladding of the window and the window Sash at the corner joint of the cladding or at the glazing/Sash interface. No recovery is allowed absent evidence of water-related damage consistent with said type of water penetration.

    Eligible Claimants: The Settlement provides the benefits described below in this paragraphs 10-14, but only for “Eligible Claimants.” You will not be an Eligible Claimant unless you satisfy each of the following criteria:

    1. You are the current or former owner of real property in the United States with a building or buildings in which Pella ProLine Casement Windows are or were installed;
    2. You timely comply with the requirements to supply all information, documents, and photographs within the time required as described below;
    3. You meet all the relevant criteria set forth in the Agreement;
    4. You do not opt out of this Settlement on or before January 29, 2013 following the procedures to do so as described below in FAQ 18;
    5. You are covered by the Class Settlement, as summarized in FAQ 4, above; and

    If you are making claims for Eligible Damage occurring up to July 23, 2013:

    1. You timely sign and submit, under penalty of perjury, a properly completed Claim Form that is notarized or a properly completed Arbitration Form that is notarized; OR

    If you are making claims for Eligible Damage occurring after July 23, 2013:

    1. You contact Pella Corporation’s Customer Service Department at 1-888-977-6387.

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  9. What do “Dates(s) of Sale”, “Prior Notice” and “Retailer’s List Price” mean?

    The Settlement Agreement uses the following terms to help determine the benefits a Class Member may be eligible for.

    Date(s) of Sale: Date(s) of Sale as used on this website means the date the Pella ProLine Casement Window at issue was sold by Pella Corporation or its authorized dealers or retailers. If an Eligible Claimant cannot establish the date the Pella ProLine Casement Window at issue was sold, the Date of Sale shall be the last day of the month following the month in which the window at issue was manufactured. For example, if an Eligible Claimant cannot establish the date the Pella ProLine Casement Window at issue was sold and the window at issue was manufactured in February of 1998, the Date of Sale would be March 31, 1998.

    Retailer’s List Price: Retailer’s List Price as used on this website means the retail price, before any discounts, sales, special offers or similar reductions in price, of Pella brand products established from time to time by the Pella sales branches listed here.

    Prior Notice: Prior Notice as used on this website means notice, as reflected in contemporaneously created documentation that a specific Eligible Claimant who is seeking benefits under the Agreement having provided individual notice to Defendants, any employee of Pella Corporation, or a Pella sales branch listed here, of wood deterioration, wood durability, or water intrusion problems with his or her own Pella ProLine Casement Windows. Prior Notice is not satisfied by (a) the filing of this Lawsuit, or (b) merely ordering replacement windows from Defendants.

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  10. What are the benefits of the Settlement?

    If the Settlement is approved and becomes final, it will provide benefits to qualified Settlement Class Members.

    Claims Process Maximum Cash Benefit. If you submit a complete and valid Claim Form for Eligible Damage, satisfy all of the requirements to become an Eligible Claimant, as described above, and meet the criteria relevant to receive a cash payment, the maximum cash benefit available through the Claims Process is $750.

    Discount. If you submit a complete and valid Claim Form for Eligible Damage, satisfy all of the requirements to become an Eligible Claimant, as described above, and meet the criteria relevant to receive a Discount, the Discount will be a percentage off the Retailer’s List Price on a Eligible Claimant’s next purchase of a single Pella brand product unit which must be redeemed within two years of the date of the Final Approval Order, can be transferred once but only with the sale of a structure which contains or contained Pella ProLine Casement Windows and only to the purchaser of said structure, and must be redeemed at one of the Pella sales branches listed here.

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  11. What Benefits can I receive for repairs made prior to December 10, 2012?

    If you timely submit a complete and valid Claim Form, satisfy all of the requirements to become an Eligible Claimant, as described above, and if you paid for one or more repairs or replacements of a Pella ProLine Casement Window for Eligible Damage for which you were not fully reimbursed, you are entitled to receive benefits as identified below for your unreimbursed repair or replacement of the window(s):

    1. If your window was repaired or replaced before August 18, 2003, Eligible Claimants are entitled to the following relief:
      1. No Prior Notice. If the Eligible Claimant repaired or replaced the window without Prior Notice, Defendants will take steps to provide you a 15% Discount.
      2. Prior Notice. If the Eligible Claimant gave Prior Notice of the Eligible Damage before repairing or replacing the window, Defendants will pay for un-reimbursed expenditures made by the Eligible Claimant as follows:
        1. If the date of Prior Notice was within 10 years after the Date of Sale - up to $175 per window or $100 per sash for un-reimbursed expenditures for windows, sashes, installation or finishing.
        2. If the date of Prior Notice was within years 11-15 after the Date of Sale - up to $60 per window or sash for the cost of the window or sash.
    2. If your window was repaired or replaced on or after August 18, 2003, but prior to December 10, 2012, Eligible Claimants are entitled to the following relief:
      1. No Prior Notice
        1. (i) For Date(s) of Sale from 1991 through 2003 - If the Eligible Claimant repaired or replaced the window without Prior Notice, Defendants will take steps that provide a 15% Discount.
        2. (ii) For Dates of Sale from 2004 through 2006 - If the Eligible Claimant repaired or replaced the window without Prior Notice, Defendants will take steps that provide a 10% Discount.
      2. Prior Notice. If the Eligible Claimant gave Prior Notice of the Eligible Damage before repairing or replacing the window, Defendants will pay for un-reimbursed expenditures made by the Eligible Claimant as follows:
        1. For Dates of Sale from 1991 through 2003:
          1. If the date of Prior Notice was within 10 years after the Date of Sale:
            1. Up to $250 per window or $120 per sash for the cost of installation/finishing;
            2. Up to $100 per window or $60 per sash for the for the cost of the window or sash; and
            3. Up to $100 per structure for other damages to the structure in which the window was installed.
          2. If the date of Prior Notice was within 11-15 years after the Date of Sale:
            1. Up to $100 per window or $60 per sash for the cost of the window or sash.
        2. For Dates of Sale from 2004 through 2006:
          1. Up to $175 per window or $100 per sash for the cost of installation/finishing;
          2. Up to $100 per window or $60 per sash for the for the cost of the window or sash; and
          3. Up to $100 per structure for other damages to the structure in which the window was installed.

    Expenditures made by Eligible Claimants (whether unreimbursed or not) over these set category caps or over the Maximum Cash Benefit of $750 are not subject to payment.

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  12. What Benefits can I receive for Eligible Damage unrepaired as of December 10, 2012?

    If you satisfy all of the requirements to become an Eligible Claimant, as described above, and if you have a Pella ProLine Casement Window and/or surrounding property that has Eligible Damage but has not yet been repaired or replaced, Defendants will take steps that provide the following relief:

    1. For Dates of Sale from 1991 through 2003:
      1. If the Settlement Claim is made within 10 years after the Date of Sale:
        1. The remedies and benefits offered by the product warranty and the ProLine Service Enhancement Program (“PSEP”); and
        2. Up to $100 per structure for otherwise unreimbursed expenditures the Eligible Claimant must make to remedy the Eligible Damage to the structure.
      2. If the Settlement Claim is made within 11-15 years after the Date of Sale:
        1. The remedies and benefits offered by the ProLine Service Enhancement Program (“PSEP”);
      3. If the Settlement Claim is made 15 or more years after the Date of Sale:
        1. A 15% discount on products per paragraph 99 of the Settlement Agreement; and
    2. For Dates of Sale from 2004 through 2006:
      1. The remedies and benefits offered by the product warranty, and
      2. PSEP benefits of (i) discounts for replacement windows, and (ii) labor and finishing benefits after the Settlement Class Member has expended a deductible amount of $100 per unit.

    Expenditures made by Eligible Claimants (whether unreimbursed or not) over these set category caps or over the Maximum Cash Benefit of $750 are not subject to payment.

    Any relief involving the replacement of any Pella ProLine Casement Window shall not extend the warranty period. The warranty period will continue to be determined by the Date of Sale of the Pella ProLine Casement Window(s) that are the subject of the Eligible Claimant’s claim.

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  13. What is the process for Arbitration?

    Eligible Claimants who have, or had Eligible Damage may be eligible to seek a cash award in binding arbitration instead of through the above-detailed claims process for unreimbursed expenditures made by the Eligible Claimant and/or for necessary expenditures to remedy existing damage to the window, finishing, and/or structure containing the window. Defendants will pay the arbitrators’ fees, but each side will pay its own attorneys’ fees and costs (if any) and the arbitrator will not have the authority to shift attorneys’ fees or costs. You do not need a lawyer to seek arbitration, but you may use a lawyer if you so choose. Settlement Class Members will not have to prove that their Pella ProLine Casement Windows have a “defect” in the aluminum cladding of the window and the window Sash at the corner joint of the cladding or at the glazing/Sash interface, but each Settlement Class Member still has the burden of proving that the “defect” caused the damages for which he/she seeks compensation in arbitration.

    1. Arbitration Eligibility: The arbitration option is only available to Eligible Claimants who do all of the following:
      1. Establish (with contemporaneous documentation) that they provided Prior Notice before repairing or replacing the window;
      2. Timely complete an Arbitration Form with all the requested information and documentation;
      3. Establish that they are the original purchasers of the Pella ProLine Casement Window or owned the structures in which the window was installed at the time of installation;
      4. Establish that they are the current owners of the structures containing a Pella ProLine Casement Window or in which a Pella ProLine Casement Window has been replaced or removed while they owned the Structures; or former owners of the Structures containing Pella ProLine Casement Windows in which they repaired or replaced their Pella ProLine Casement Windows while owning the Structures;
      5. Establish that they have or had a Pella ProLine Casement Window and/or surrounding property that already have or had Eligible Damage;
      6. Attest under oath the date when any damage to the Pella ProLine Casement Window(s) or surrounding Structure was discovered; and
      7. Either:
        1. make the damaged window and/or surrounding property available to be inspected at Defendants’ option and expense;
        2. demonstrate that the window and/or surrounding property already have been inspected by a Pella Representative; or
        3. attest under oath that they reported the alleged damage to Defendants, any employee of Pella Corporation, or a Pella sales branch listed here, when it occurred so that Pella had the opportunity to inspect the alleged damage.

    For Eligible Claimants who contend under oath they reported the Eligible Damage to Defendants, any employee of Pella Corporation, or a Pella sales branch listed here, but do not have contemporaneous documentation of the report, Pella Corporation will check its electronic service database to determine whether it has any record of having received such a report or notice and the claimant will satisfy the notice and reporting requirement for Arbitration Eligibility if, but only if, documentation of the report or notice is found in that database.

    If Defendants’ review of the Pella Corporation electronic service database does not locate a record of the alleged report or notice, Defendants must submit an attestation to the same under oath, which will be sufficient to establish that the Eligible Claimant is not entitled to pursue arbitration under the Agreement.

    1. Arbitration Form: To submit a Settlement Claim to arbitration, an Eligible Claimant must complete a written Arbitration Form, have it notarized, and submit it to the Settlement Administrator on or before July 23, 2013. The Arbitration Form requires the Eligible Claimant to show that they satisfy all the eligibility criteria and also provide:
      1. The Eligible Claimant’s identifying information, including name, address, phone, and email address;
      2. The addresses of the Structures in which the Pella ProLine Casement Windows for which they seek relief are/were installed;
      3. The number of Pella ProLine Casement Windows they claim experienced the Eligible Damage;
      4. A statement that in lieu of opting out of the Settlement Class or seeking benefits under the Claims Process, they elect to pursue the possibility of recovery in arbitration;
      5. After Appeal Exhaustion (FAQ 15), the Claims Administrator will determine whether the Settlement Class Member has met the arbitration eligibility criteria and notify Class Members who satisfy the criteria.
    2. Arbitration Hearing.
      1. Class Counsel and Defendants’ Counsel will agree on neutral Arbitrators in at least five regions of the country.
      2. The parties can seek abbreviated written discovery limited to damages, causation and issues related to Defendants’ defenses. Defendants can elect to conduct inspections of the Settlement Class Member’s windows, installation and Structure.
      3. After discovery is completed, the Arbitrator will conduct a hearing in person or by telephone. The Settlement Class Member or Defendants may call witnesses and present documents at the hearing.
      4. Defendants reserve all defenses, including statutes of limitation, comparative fault, failure to mitigate and causation, and the Arbitrator will make written legal and factual rulings on such defenses. The Settlement Class Members will not have to prove that their Pella ProLine Casement Windows have a “defect”in the aluminum cladding of the window and the window Sash at the corner joint of the cladding or at the glazing/Sash interface, but the Settlement Class Member still has the burden of proving that the “defect”caused the damages for which he/she is seeking compensation in arbitration.
      5. The cash award in all arbitration cases will be limited to a maximum of $6,000 per structure, for all damage, including damage to the window(s) and the structure. The arbitrator may not award any non-monetary relief or action, equitable relief, replacement product, attorneys’ fees or costs, any other mandatory contribution, or any other monetary relief or contribution. The decision of the arbitrator shall be binding on all parties and is not appealable.

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  14. Can I seek relief for Eligible Damage after the close of the claims period (July 23, 2013)?

    If you satisfy all of the requirements to become an Eligible Claimant, as described above, and if you seek relief for repairs for Eligible Damage after the close of the Claim Period (July 23, 2013), but within the maximum period for which the Settlement provides benefits, Defendants will take steps that provide Eligible Claimants who contact Pella Customer Service (888-977-6387) the following relief:

    1. For Dates of Sale from 1991 through 2003:
      1. The remedies and benefits (if any) offered by the product warranty and the ProLine Service Enhancement Program; and
      2. A 15% Discount.
    2. For Dates of Sale from 2004 through 2006:
      1. If the Settlement Claim is made within 10 years after the Date of Sale:
        1. The remedies and benefits offered by the product warranty, and
        2. PSEP benefits (if any) of (i) discounts for replacement windows, and (ii) labor and finishing benefits after the Settlement Class Member has expended a deductible of $100 per unit.
      2. If the Settlement Claim is made within 11-15 years after the Date of Sale:
        1. i. The remedies and benefits offered by the ProLine Service Enhancement Program (if any).

    Any relief involving the replacement of any Pella ProLine Casement Window shall not extend the warranty period. The warranty period will continue to be determined by the Date of Sale of the Pella ProLine Casement Window(s) that are the subject of the Eligible Claimants claim.

    The benefits and relief under this Section will be administered by Defendants, and not by the Settlement Administrator.

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  15. When would I get my payment?

    Even though the court has filed the Final Approval Order a Judgement has not been issued. The Settlement is not final until the Judgement is issued and the appeals period has run. Once the Judgement is issued the appeals period begins and there can be no payments for past damages until the appeal period is exhausted which can take up to 60 days. If any notice of an appeal from the judgment provided therein is timely filed by any party, objector, claimant, or other interested person, the Settlement will not be or become final or effective until such appeals are resolved.

    Pella will have no obligation to make any payment to any Settlement Class Member, and the Settlement Administrator will make no payment to any Settlement Class Member, unless and until each such appeal has been finally adjudicated and the Final Approval Order, including the judgment therein, has been upheld in all respects by each such final adjudication.

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  16. What is the ProLine Service Enhancement Program (PSEP)?

    The ProLine Service Enhancement Program refers to the program which provides the following services and benefits to claimants establishing water intrusion and wood durability damage:

    1. Service coverage
      1. The program covers service related to wood durability of ProLine® transom, awning and casement windows manufactured from 1991 through 2003 and units of the same style and vintage sold in other channels such as the 250 Series and the 450 Series.
    2. Benefit options within the warranty (years 1-10 after Date of Sale)
      1. Branches will provide replacement product or Sash consistent with the current warranty.
      2. Branches are expected to cover all reasonable customer labor and finishing costs (other than interior trim), except in extraordinary circumstances.
    3. Benefit options in years 11 through 15 after Date of Sale
      1. Branches will provide the customer the opportunity to purchase replacement product on a sliding percent-off basis as follows:

        Vintage % off current Retailer’s List Price
        Year 11 45% off*
        Year 12 40% off*
        Year 13 35% off*
        Year 14 30% off*
        Year 15 25% off*

        *per unit/Sash basis

      2. In addition, the branch may choose to provide a similar discount on finishing and installation for customers in these situations.

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  17. What am I giving up by staying in the Class and participating in the Settlement?

    If the Settlement receives final judicial approval, it will result in a release by Plaintiffs and all members of the Settlement Class, including all their heirs, successors in interest, assigns, transferees and grantees (other than those members who timely request to be excluded from the Settlement Class in the manner described below in FAQ 18) of all claims that Plaintiffs or any member of the Settlement Class ever had, now have, or may later claim to have at any time in the future whether known or unknown, arising out of or in any way relating to the design, manufacture, sale, distribution, marketing, warranty, service, use, performance, installation, purchase of, or in any way relating to the Pella ProLine Casement Windows, against (1) Pella Corporation and Pella Windows and Doors, Inc.; (2) any predecessors and successors in interest, any current or former parent corporations, subsidiary corporations, affiliates, and assigns of Defendants; (3) any companies acquiring any or all of Defendants’ assets or capital stock; (4) any of Defendants' past or present, divisions, suppliers, distributors, dealers, or sales branches; (5) current or former officers, directors, shareholders, agents, representatives and employees of Defendants; and (6) insurers of any of the forgoing persons or entities. The Settlement is intended to settle all claims covered by the release in the Agreement. This includes all claims (known or unknown) of Settlement Class Members that arise in whole or in part out of or in any way relate to alleged defects in Pella ProLine Casement Windows or to any alleged acts, omissions, transactions, or occurrences by Defendants, whether arising under federal, state, territorial, or local common law, statutes, ordinances, or regulations.

    The foregoing summary does not supersede the terms of the Agreement and related exhibits and documents, which are available for public inspection during regular business hours in the United States District Court for the Northern District of Illinois, Eastern Division, located at Everett McKinley Dirksen Building, Rm. 2588, 219 S. Dearborn St., Chicago, IL 60604. A copy of the Agreement can also be found here.

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  18. How can I exclude myself from the Settlement Class?

    If you do not want to participate in the Settlement and you want to keep the right to sue Pella about the legal issues in this case, then you must take steps to get out of the Settlement. This is called asking to be excluded from, or sometimes called “opting out” of, the Settlement Class.

    To exclude yourself from the Settlement and Settlement Class, you must send the Settlement Administrator a request for exclusion that contains the following information:

    1. The name of the lawsuit, Dr. Leonard Saltzman et al. v. Pella Corporation et al., Case No. 06 C 4481;
    2. Your full name and current address;
    3. A specific statement of your intention to exclude yourself from this lawsuit (for example, “Please exclude me from the Settlement Class in the Pella ProLine Casement Window Litigation.”);
    4. The date your Pella ProLine brand casement, awning, and/or transom windows were installed and/or purchased;
    5. The date the building containing your Pella ProLine brand casement, awning, and or transom windows was constructed; and
    6. Your signature and the date on which you signed it.

    You must mail your request for exclusion postmarked by January 29, 2013 to:

    Pella Settlement Administrator
    PO Box 2876
    Portland, OR 97208-2876

    If you do not comply with these procedures and the deadline for exclusions, you will remain a Settlement Class Member and lose any opportunity to exclude yourself from the Settlement, and your rights will be determined in this lawsuit by the Agreement, if it receives final judicial approval.

    You cannot ask to be excluded on the phone, by email, or on this website.

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  19. What if I want to object to the settlement?

    If you do not exclude yourself from the Class Settlement, you may, if you wish, object to the certification of the Settlement Class, to the terms of the Settlement, or to Class Counsel’s application for an award of attorneys’ fees and expenses.

    To do so, you or your own attorney must file with the Court, and send to the Settlement Administrator, Class Counsel, and Defendants’ counsel, a written objection and supporting papers that contain:

    1. the name of this lawsuit, Dr. Leonard Saltzman et al. v. Pella Corporation et al., Case No. 06 C 4481;
    2. your full name and current address;
    3. whether, on the date of your written objection, you own a home or formerly owned a home containing Pella ProLine Casement Window(s);
    4. each specific reason for your objection;
    5. all evidence and supporting papers (including, but not limited to, all briefs, written evidence, and declarations) that you want the Court to consider in support of your objection;
    6. your signature; and
    7. the date of your signature.

    If you wish to appear at the Fairness Hearing, on your own behalf or by your separate counsel, and be heard orally, you may do so only if you state in your written objection your desire to appear personally or by your separate counsel at the Fairness Hearing. Objections must be filed with the Court, and separate copies served on Class Counsel and Defendants’ counsel by first-class United States Mail, no later than January 29, 2013. The copies to be served on Class Counsel and Defendants’ counsel must be mailed to the following addresses:

    CLASS COUNSEL Counsel for Pella
    Richard Burke
    Paul Weiss
    Complex Litigation Group, LLC
    513 Central Avenue, Suite 300
    Highland Park, IL 60035
    James A. O’Neal
    John P. Mandler
    Faegre Baker Daniels LLP
    2200 Wells Fargo Center
    90 South Seventh Street
    Minneapolis, MN 55402

    If you choose to object to the Settlement, you must also make yourself available for deposition within 21 days of service of your objection.

    If you do not comply with these procedures and the deadline for objections, you will lose any opportunity to have your objection considered at the Fairness Hearing or otherwise to contest the approval of the Settlement or to appeal from any order or judgment entered by the Court in connection with the Settlement.

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  20. Who is the attorney for the class in this case?

    The Court designated Richard J. Burke and Paul M. Weiss, and Julie Miller and their law firm of Complex Litigation Group, LLC as Lead Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire a lawyer(s) at your own expense.

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  21. How will the administrative costs and attorneys’ fees be paid?

    Pella has agreed to pay the costs of class notice and claims administration, including the costs of mailing Notice and of distributing any payments owed to Settlement Class Members pursuant to the Settlement. Class Counsel will apply to the Court for reasonable attorneys’ fees and expenses of no more than eleven million dollars to be awarded by the Court and to be paid by Pella. The Named Plaintiffs will apply to the Court for an incentive award to be paid out of the attorneys’ fee award to Class Counsel. Class Counsel has recommended an incentive award of $10,000 to Dr. Leonard Saltzman and $5,000 each to plaintiffs Tim Bastiaanse, Joseph Palmiotto, Brad Zurn and Judith McClosky. The Court will determine the amount of the incentive award to be paid. Settlement Class Members will not be responsible for the fees and expenses of Class Counsel, and the payment of attorneys’ fees and expenses will not reduce the benefits to Settlement Class Members. Pella will not be responsible for any cost that may be incurred by, on behalf of, or at the direction of the Settlement Class Members, their counsel, or Class Counsel in (a) responding to inquires about the Settlement, the Agreement, or the lawsuit; (b) defending the Agreement or the Settlement against any challenge to it; (c) defending against any challenge to any order or judgment entered pursuant to the Settlement or the Agreement; or (d) completing the Claims Process or Arbitration Process.

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  22. What is the deadline to file a claim for current damage or a claim for unreimbursed repair?

    All Claim Forms and Arbitration Forms, together with supporting documentation or information, as applicable, must be mailed by first-class United States Mail, postage prepaid, and postmarked no later than July 23, 2013, to the Settlement Administrator.

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  23. What happens after I submit my claim form?

    For Claim Forms and Arbitration Forms seeking benefits for Eligible Damage that existed or exists prior to July 23, 2013, the Settlement Administrator will begin reviewing all such Claim Forms and Arbitration Forms and required supporting documentation if, following the Fairness Hearing, the Court grants final approval of the Class Settlement and, after entry by the Court of the Final Approval Order and the judgment therein, no notice of appeal of the judgment or any order in the Action has been filed, the time provided for in the Federal Rules of Appellate Procedure to take any such appeal has expired, and any right to take any such appeal has been waived or otherwise lost, or each such appeal that has been taken has been finally adjudicated and the judgment and Final Approval Order have been upheld in all respects by each such final adjudication. If you timely submit a Claim Form or Arbitration Form, the Settlement Administrator will evaluate it based on all the information and documentation you have provided. If you fail to provide all information, documents, or photographs required by the Claim Form and the Agreement, the Settlement Administrator will notify you in writing of your failure to do so. The missing information, documents, or photographs must be received by the Settlement Administrator (or postmarked) within 30 days from the postmarked date of that written notice of your failure to provide all necessary information, documents, or photographs.

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  24. What happens if my claim is denied?

    If your Claim Form and accompanying materials do not meet all of the requirements of the Settlement, your claim will be deemed invalid, the Settlement Administrator will deny your claim, you will not receive any reimbursement payment, and you will be informed in writing of that decision. You will not be able to sue Defendants for claims within the scope of the Settlement. To sue Defendants for such claims, you need to exclude yourself from the Settlement Class in a timely fashion rather than submit a Claim Form.

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  25. What happens if my claim is approved?

    If you submit a Claim Form seeking benefits for Eligible Damage that was replaced or repaired before December 10, 2012, and the Settlement Administrator approves your Claim Form and accompanying materials as a Valid Claim, the Settlement Administrator will notify you that your claim has been approved, together with sending a check in the amount of any cash payment that is awarded. Due to the schedule set for final approval and subsequent appeals, if any, you may not hear from the Claims Administrator until 2013 or 2014. See Important Dates for a summary of the schedule.

    If you submit a Claim Form seeking benefits for Eligible Damage that was not replaced or repaired before December 10, 2012, and the Settlement Administrator determines your that Claim Form and accompanying materials present a Valid Claim and preliminarily satisfy the eligibility criteria of the Agreement, the Settlement Administrator will notify you that under the terms of the Agreement you may be entitled to certain benefits and to contact Pella to seek those potential benefits. Pella will make the final determination as to whether or not your request for benefits complies with all the requirements in the Agreement. If your request does satisfy all the requirements of the Agreement, Pella will then provide you the benefits to which you are entitled.

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  26. What are the fees involved in filing a Claim Form or Arbitration Form?

    There are no fees involved in filing a Claim Form or Arbitration Form.

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  27. What if I cannot provide all of the information needed to file a claim for damages?

    If you timely submit a Claim Form, the Claims Administrator will evaluate it based on all the information and documentation you have provided. If you fail to provide all information, documents, or photographs required by the Claim Form, the Claims Administrator will notify you in writing of your failure to do so. The missing information, documents, or photographs must be received by the Claims Administrator (or postmarked) within 30 days from the postmarked date of that written notice of your failure to provide all necessary information, documents, or photographs. Failure to comply will result in a denial of your claim.

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  28. I filed my claim months/years ago and have never heard anything. What is going on?

    See FAQ 15 for an explanation of the payment process if your claim is complete. If your claim is deemed incomplete, the Settlement Administrator will advise you in writing and you will have an opportunity to submit the missing information. If you do not submit the requested missing information within 30 days from the postmarked date of that written notice of your failure to provide all necessary information, documents, or photographs , your claim will be deemed incomplete and denied. If you have questions about the status of your claim, you may contact the Claims Administrator at 1-866-523-6760.

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  29. Why was I mailed the Notice of Class Action Settlement?

    You were mailed a Notice of Class Action Settlement because Pella has identified you from their records as a potential class member.

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  30. When is the hearing to approve the Settlement?

    The Final Fairness hearing has been set for April 9, 2013.

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  31. What if I have a Pella product that has leaked or caused damage, but is not the type of window which is the subject of this lawsuit? Am I still eligible to file a claim?

    No. Only those with Pella ProLine brand casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2006 ) are eligible to file a claim under this program. If you have a Pella window or product which you feel may have leaked or is leaking, please contact Pella customer service at 877-473-5527.

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