MICHAEL DELANEY, individually and on behalf of all others similarly situated,

Plaintiff,

v.

ENTERPRISE RENT-A-CAR COMPANY, INC. and ELRAC, INC.,

Defendants.

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SUPERIOR COURT OF NEW JERSEY
OCEAN COUNTY : LAW DIVISION
Docket No.: OCN-L-1160-01

 

NOTICE OF PENDENCY OF
CLASS ACTION

TO: ANYONE WHO RENTED A VEHICLE IN NEW JERSEY FROM ENTERPRISE RENT-A-CAR COMPANY, INC. OR ELRAC, INC. (TOGETHER "ENTERPRISE") BETWEEN APRIL 1, 1988 AND MARCH 11, 2003 AND PURCHASED SUPPLEMENTAL LIABILITY PROTECTION ("SLP"), PERSONAL ACCIDENT INSURANCE ("PAI") AND/OR COLLISION DAMAGE WAIVER ("CDW") AS PART OF THAT RENTAL. THIS IS A LEGAL NOTICE THAT AFFECTS CLASS MEMBERS' RIGHTS.

On March 11, 2003, the Superior Court of New Jersey, Law Division, Ocean County, ordered that this Lawsuit will proceed as a class action, appointed plaintiff Michael Delaney and Class Counsel listed below to represent the Class, and directed that Notice of this Lawsuit be given to Class members.

If you purchased SLP, PAI and/or CDW from or through Enterprise between April 1, 1988 and March 11, 2003, you may be a member of the Class in this Lawsuit.

If you are a member of the Class, you have the right to participate in this Lawsuit as a member of the Class or to exclude yourself from the Class.

Class members who want to remain in the Class do not need to do anything now. Class members' claims in this Lawsuit will be pursued by plaintiff and Class Counsel listed below and Class members will be bound by any resulting judgment or settlement. Class members will not be personally responsible for paying any attorneys' fees or expenses, whether the Lawsuit is successful or not. If a recovery is obtained for the Class members, Class Counsel will petition the Court to award attorneys' fees and expenses from either the amounts recovered or from Enterprise directly. Class members who wish to exclude themselves from the Class must submit their exclusion request postmarked by October 25, 2003. Exclusion requests postmarked after October 25, 2003 will not be accepted.

Any Class members who do not timely exclude themselves will be bound by all orders and judgments in this Lawsuit, and will not be able to file, participate in or continue any other lawsuit or proceeding based on or relating to the claims, causes of action, facts or circumstances of this Lawsuit.

At this time, the Court has not decided whether Enterprise has done anything wrong. This notice is not an expression by the Court of any opinion of wrongdoing. That issue will be decided at trial.

This Notice is only a summary. If you believe you may be a member of the Class, you need to obtain a copy of the detailed Class Notice. It will help you determine if you are a member of the Class and, if so, how this Lawsuit may affect your rights and what steps you may take in relation to this Lawsuit, including how to request exclusion from this Lawsuit.

You may obtain a copy of the detailed Class Notice at www.ssem.com or by contacting any of the following Class Counsel:

Lite, DePalma, Greenberg & Rivas, LLC
Two Gateway Center, 12th Floor
Newark, NJ 07012

Specter Specter Evans & Manogue, P.C.
The 26th Floor, Koppers Building
Pittsburgh, PA 15219

Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103

Dated: July 17, 2003.

Clerk
Ocean County Courthouse
118 Washington Street
Toms River, New Jersey 08754

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