Cericola v. A.J. Blosenski, Inc.

If you received a Notice of Settlement, AJB records indicate that you are or were an AJB customer.

The Pennsylvania Court of Common Pleas for Chester County preliminarily approved the Settlement and authorized the Notice of Settlement to inform you about your options before it decides whether to grant final approval of the Settlement.

A settlement has been proposed in a class action against A.J. Blosenksi, Inc. (“AJB”). The case concerns allegations that AJB failed to provide trash and recycling services at the agreed upon days and times and at the agreed upon frequencies; that AJB imposed Fuel Surcharges on the putative class without proper notice or contractual basis; and that AJB unilaterally decreased the frequency of its trash and recycling services without service fee reimbursement for, or reimbursement to, the putative class. AJB denies any liability. The Parties subsequently settled the Lawsuit in order to avoid the costs, uncertainty, and inconvenience of litigation.

The Settlement does not include or release any claims for personal injuries, death, or property damage, including subrogation.

In a class action lawsuit, one or more people sue on behalf of others who allegedly have similar claims. For purposes of this Settlement, one court will resolve the issues alleged in the Lawsuit for all Settlement Class Members.

AJB denies that it has done anything wrong and admits no liability. The Court has not decided whether the Plaintiffs or AJB should win the Lawsuit. Instead, both sides agreed to a Settlement Agreement. This way, they avoid the cost of a trial, and the Settlement Class Members will receive benefits now rather than years from now, if at all.

If you received a Notice of Settlement, AJB records indicate that you are or were an AJB customer.

The term “Settlement Class” is defined in the Settlement Agreement as follows:

All current and former customers of AJB and/or Eagle Disposal, including HOAs. The “Settlement Class” also includes all residents of households where a current or former AJB or Eagle Disposal customer or party received trash and recycling services, notwithstanding the identity of the person who actually contracted and/or paid for services.

Excluded from the Settlement Class are: (i) AJB, its officers, directors, affiliates, legal representatives, employees, successors, and assigns, and entities in which AJB has a controlling interest; (ii) the judge presiding over the Lawsuit and any member of the Court’s staff and immediate family; (iii) local, municipal, state, and federal governmental entities; (iv) individuals who receive(d) services pursuant to agreements between AJB and municipalities or governmental agencies; and (v) Temporary Roll-Off Customers.

The Settlement will provide the following benefits to eligible Claimants who submit a valid and timely Claim Form to the Settlement Administrator:

Missed Pickup Claims. For Settlement Class Members that experienced a Missed Pickup, AJB will pay or issue credits in response to eligible Missed Pickup Claims submitted during the Claim Period or eligible Missed Pickups confirmed by AJB. A “Missed Pickup” means a trash or recycling pickup that AJB did not perform within 72 hours of a customer’s scheduled collection time, excluding any and all misses or delays that were the result of a customer’s actions or inactions, the actions or inactions of a third party outside of AJB’s control, weather, or force majeure events, which prevented AJB from successfully making a trash or recycling pickup and for which the reason for the failure is documented in route records or other contemporaneous company records.

• AJB will conduct a search of its internal records to identify all Settlement Class Members who are eligible for relief for Missed Pickups that occurred from 2022 to September 3, 2024, and which were not already reimbursed by AJB. For any such Settlement Class Members that AJB identifies in this category, it shall automatically issue credits for Settlement Class Members that are current customers of AJB or checks for Settlement Class Members that are former customers of AJB within 45 days of the Preliminary Approval Order. If a Settlement Class Member does not receive an automatic credit or check from AJB but the Settlement Class Member believes it is entitled to such a credit or payment, the Settlement Class Member may submit a Claim with the necessary documentation.
• For eligible Claimants who are current customers of AJB, a credit will be made to their account, which will be disclosed on their invoice and a brief description of the nature of the credit will be provided (e.g. “account credit for missed pickups on October 10, 2023, and October 17, 2023”).
• For eligible Claimants who are former customers of AJB, they will receive a payment via check. The memo line of the check will disclose the nature of the credit (e.g. “payment for missed pickups on October 10, 2023, and October 17, 2023”).

Reduced Service Frequency Claims. For Settlement Class Members who experienced a reduction in service, AJB will pay valid Reduced Service Frequency Claims submitted during the Claim Period. A “Reduced Service Frequency Claim” means a Claim seeking reimbursement for trash or recycling services that were unilaterally reduced in frequency by AJB without the knowing consent of the customer (e.g. weekly service reduced to biweekly service) during the Class Period and for which AJB did not adjust the price to reflect the reduced service frequency. Reduced Service Frequency Claims will be paid from the Settlement Fund.

Fuel Surcharge Claims. For Settlement Class Members who paid a Fuel Surcharge without 30 days prior written notice from AJB, the Claimant is eligible to receive a disbursement of up to the amount the Claimant paid for the first imposed Fuel Surcharge. A “Fuel Surcharge” means a surcharge or fee imposed by AJB on customers, which may have been identified on the invoices as “fuel surcharge,” “fuel and material surcharge,” “material surcharge,” or a similar description, or which may have been explicitly integrated into customers’ base rates. Fuel Surcharge Claims will be paid from the Settlement Fund.

Cancellation of Auto-Renewal. All written contracts between AJB and Settlement Class Members with residential service contracts (excluding HOA contracts) will expire at the end of their respective current terms, rather than auto-renew for additional terms, and the provisions of the written residential service contracts (excluding HOA contracts) shall no longer apply upon expiration. This agreement for the expiration of all written contracts at the end of their respective current terms supersedes any language to the contrary in any contract between AJB and a Settlement Class Member, and no further action is required to effectuate each expiration.

The Court will hold a hearing on November 25, 2024, at 1:30 p.m. to decide whether to approve the Settlement Agreement and whether to approve Class Counsel’s Motion for Attorneys’ Fees, Costs, and Service Awards. If the Court approves the Settlement, there may then be appeals, which may delay the conclusion of the case. It is always uncertain whether such appeals will result in a favorable decision for the Settlement Class, and concluding them can take time, perhaps more than a year. You can check on the progress of the case on this Settlement Website. Please be patient.

To be eligible to receive any of the benefits described above, you must complete and submit a valid and timely Claim Form. Your Claim Form and supporting documentation may be submitted:

• through the claim portal on the Settlement Website here;
• by email to the Settlement Administrator using the email address Claims@AJBClassActionSettlement.com; or
• by U.S. Mail to the Settlement Administrator at AJB Class Action Settlement, P.O. Box 3410, Portland, OR 97208-3410.

The deadline for submitting a Claim is December 2, 2024.

Claim Forms are available for download here.

Please check this Settlement Website for updates regarding the Effective Date and corresponding Claim Form Deadline dates. In any event, please file your Claim Form as soon as possible.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so by email at Info@AJBClassActionSettlement.com or by mail at AJB Class Action Settlement, P.O. Box 3410, Portland, OR 97208-3410.

Upon the Effective Date of the Settlement, the Releasing Parties will release and forever discharge the Released Parties from the Released Claims. Those terms are defined as follows:

• "Releasing Parties" means the Plaintiffs and the Settlement Class Members and their respective assigns, heirs, successors, predecessors, parents, subsidiaries, officers, directors, shareholders, members, managers, partners, principals, representatives, and employees (each solely in their respective capacity as such), and all those who assert or could assert Claims on their behalf.
• "Released Parties" means AJB and each of its past, present, and future members, owners, direct and indirect parent companies, subsidiaries, managers, divisions, predecessors, successors, holding companies, and affiliated companies and corporations, and each of the past, present, and future directors, officers, managers, members, employees, contractors, general partners, limited partners, investors, controlling persons, owners, trustees, principals, agents, associates, administrators, insurers, reinsurers, shareholders, attorneys, accountants, advisors, consultants, assignors, assignees, representatives, fiduciaries, predecessors, successors, divisions, joint ventures, or related entities of those companies including, but not limited to, vendors, subvendors, contractors, subcontractors, and other service providers.
• "Released Claims" means any and all claims, causes of action, demands, debts, suits, liabilities, obligations, damages, entitlements, losses, actions, rights of action, and remedies of any kind, nature, and description, whether known or unknown, asserted or unasserted, foreseen or unforeseen, regardless of any legal or equitable theory, existing now or arising in the future, by the Plaintiffs and any and all Settlement Class Members (including their successors, heirs, beneficiaries, executors, administrators, assigns, and representatives) to or against any Released Party that in any way arise from or relate to (i) missed or delayed trash and recycling services by AJB and/or Eagle Disposal, (ii) reduced frequency of trash and recycling services by AJB and/or Eagle Disposal, and (iii) surcharges imposed by AJB and/or Eagle Disposal during the Class Period. The “Released Claims” described immediately above include, without limitation, all claims, causes of action, demands, debts, suits, liabilities, obligations, damages, entitlements, losses, actions, rights of action and remedies of any kind, nature, and description arising under any state, federal, or local statute, law, rule, regulation, and/or common law, and also including any consumer protection, consumer fraud, unfair business practices, or deceptive trade practices statutes or laws, any common law causes of action or theories of liability or recovery, and any legal or equitable theories whatsoever, including tort, contract, products, and/or strict liability, negligence, fraud, misrepresentation, concealment, consumer protection, restitution, quasi-contract, unjust enrichment, the Uniform Commercial Code, and any federal, state, or local derivations thereof, and/or any other statutory or common law theories of liability and/or recovery, whether in law or in equity, and whether known or unknown, and for any and all injuries, losses, damages, remedies, recoveries, or entitlements of any kind, nature, and description, in law or in equity, under statutory and/or common law, and including, but not limited to, compensatory damages, economic losses or damages, exemplary damages, punitive damages, statutory damages, statutory penalties or rights, restitution, unjust enrichment, injunctive relief, and any other legal or equitable relief.
• Exclusions from Released Claims: The Released Claims exclude any claims for personal injuries, death, and property damage, including subrogation for the same.
• Important Note: The releases are a consequence of membership in the Settlement Class and the Court’s approval process and are not conditional on any payment or other benefit by any particular member of the Settlement Class.

In its Preliminary Approval Order, the Court appointed Sauder Schelkopf LLC as Class Counsel to represent the Plaintiffs and the Settlement Class Members. You will not be charged for these lawyers. If you wish to be represented by your own lawyer, you may hire one at your own expense. The contact information for Class Counsel is set forth below:

Sauder Schelkopf LLC
1109 Lancaster Avenue
Berwyn, PA 19312
Telephone: 1-888-711-9975
Email: Info@SSTrialLawyers.com
Website: SauderSchelkopf.com

Within the time period established by the Court and no later than fourteen (14) days prior to the Objection and Opt-Out Deadline, Class Counsel will file a Motion for Attorneys’ Fees, Costs, and Service Awards to be paid by AJB, which shall be posted on the Settlement Website. Class Counsel in the Lawsuit shall apply for the following: (i) attorneys’ fees and costs not to exceed one-third of the Settlement Fund ($125,000) and (ii) service awards of $1,000 for each of the seven Plaintiffs, not to exceed $1,000 per household ($6,000 total), in recognition of their time, costs, and effort in the Lawsuit, including, for example, gathering documents and materials and performing other representative duties.

Settlement Class Members may submit a Request for Exclusion from (i.e., “opt out” of) the Settlement to preserve their individual rights to sue or continue to sue AJB with respect to missed or delayed trash and recycling services by AJB and/or Eagle Disposal, reduced frequency of trash and recycling services by AJB and/or Eagle Disposal, and surcharges imposed by AJB and/or Eagle Disposal during the Class Period. A member of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive benefits under the Settlement. If you have requested exclusion from the Settlement, you may not speak at the Final Approval Hearing because you are not bound by the Settlement.

To validly request exclusion from the Settlement Class, a Settlement Class Member must submit a written request to opt out to the Settlement Administrator that is postmarked by October 18, 2024, stating, “I wish to exclude myself from the Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class Member’s printed name, address, telephone number, email address (if any), date of birth, current address, and address where trash and recycling services were rendered by AJB and/or Eagle Disposal. The Request for Exclusion must contain the actual written signature of the Settlement Class Member (or a representative of the Settlement Class Member) seeking to exclude himself/herself/itself from the Settlement Class. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner.

All Requests for Exclusion must be sent to the Settlement Administrator at AJB Class Action Settlement, P.O. Box 3410, Portland, OR 97208-3410.

A Settlement Class Member who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion along with their written signature.

Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion shall be bound by all subsequent proceedings, orders, and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims.

Settlement Class Members who do not submit a written Request for Exclusion may present a written objection to the Settlement Administrator explaining why they believe the Settlement should not be approved by the Court as fair, reasonable, and adequate.

To object to the Settlement, a Settlement Class Member must submit a written objection to the Settlement Administrator that is postmarked on or before October 18, 2024, and include a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any evidence and legal authority the Settlement Class Member wishes to bring to the Court’s attention. No objection submitted after that time will be considered. Written Objections should be sent to the Settlement Administrator at AJB Class Action Settlement, P.O. Box 3410, Portland, OR 97208-3410.

Objections must include the following:

1. The Settlement Class Member’s printed name, address, telephone number, email address (if any), and date of birth (if applicable)
2. Evidence showing that the objector is a Settlement Class Member, including the address of the residence or structure where trash and recycling services were rendered by AJB and/or Eagle Disposal
3. Any other supporting papers, materials, or briefs that the objecting Settlement Class Member wishes the Court to consider when reviewing the objection
4. The actual written signature of the Settlement Class Member making the objection
5. A statement of whether the objecting Settlement Class Member and/or his, her, or its counsel intend to appear at the Final Approval Hearing

A Settlement Class Member may object on his, her, or its own behalf or through an attorney; however, even if represented, the Settlement Class Member must individually sign the objection, and all attorneys who are involved in any way asserting objections on behalf of the Settlement Class Member must be listed on the objection papers. Counsel for the Parties may take the deposition of any objector prior to the Final Approval Hearing in a location convenient for the objector.

If a Settlement Class Member or counsel for the Settlement Class Member who submits an objection to this Settlement has objected to a class action settlement on any prior occasion, the objection shall also disclose all cases in which they have filed an objection by caption, court, case number, and the disposition of the objection for each case.

Any objector who files and serves a timely written objection as described above may appear at the Final Approval Hearing, either in person at their own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement on the basis set forth in the written objection. As noted above, objectors or their attorneys who intend to make an appearance at the Final Approval Hearing must state their intention to appear in the objection.

An objector shall be entitled to all of the benefits of the Settlement if the Settlement Agreement is approved, as long as the objector complies with all requirements of the Settlement Agreement applicable to Settlement Class Members, including the timely and complete submission of a Claim Form and other requirements. A Settlement Class Member who objects can, on or before the Final Approval Hearing, withdraw their objection by submitting a written request to the Settlement Administrator stating their desire to withdraw their objection along with their signature.

Objecting is simply telling the Court that you disagree with something about the Settlement Agreement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you will have no basis to object because the Settlement will no longer affect you.

The Court will hold a Final Approval Hearing on November 25, 2024, at 1:30 p.m., at the Pennsylvania Court of Common Pleas for Chester County, 201 W. Market Street, West Chester, PA 19380-0991, before Judge Anthony T. Verwey to consider whether the Settlement is fair, adequate, and reasonable, and whether it should be finally approved. If there are objections, the Court will consider them at that time. The Court will also consider at this time Class Counsel’s Motion for Attorneys’ Fees, Costs, and Service Awards.

Important: The date and time of the Final Approval Hearing may be changed by the Court. Please check this Settlement Website for updates.

Please note that Class Counsel is working on your behalf and will answer any questions the Court may have about the Settlement. You are welcome to attend the Final Approval Hearing, but your appearance is not necessary to receive any benefits available under the Settlement.

The full Settlement Agreement and Exhibits (including copies of the Notice of Settlement and the Claim Form) are available here.

If you need more information or have any questions, you may contact the Settlement Administrator via the toll-free number at 1-888-788-8153, by email at Info@AJBClassActionSettlement.com, or by mail at AJB Class Action Settlement, P.O. Box 3410, Portland, OR 97208-3410.

PLEASE DO NOT WRITE OR CALL THE COURT, THE CLERK OF THE COURT, AJB, OR COUNSEL FOR AJB FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LAWSUIT.