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Valley of Lakes RICO Class Action against PNCBANK, et al.
ripped edge: federal court

	  IN THE UNITED STATES DISTRICT COURT
        FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


LEON R. DONGELEWICZ, et al.,	)	CASE NO. 3:CV-95-0457
				)
		Plaintiffs,	)
				)
	vs.			)	(JUDGE:  James F. McClure, Jr.)
				)
FIRST EASTERN BANK, et al.,	)
				)
		Defendants.	)

		      O R D E R    #2
Stamp
		       June 19, 1996 
(Certifying Class Action) In accordance with the findings and conclusions contained in the Opinion filed concurrently herewith, it is ORDERED THAT: 1. CLASS CERTIFICATION. Civil Action No. 3:CV-95-0457, which is hereby styled "In re: Valley of Lakes RICO Class Action Litigation" shall be maintained as a class action on behalf of the following primary class and four subclasses of plaintiffs: a. The PRIMARY CLASS, which is hereby certified pursuant to Fed. R. Civ. P. 23(b)(3), is defined as follows: "All persons and entities throughout the United States and its territories (other than the defendants named in the complaint) that, since September 30, 1986, have purchased or owned lots, whether improved or unimproved, in the 'Valley of Lakes' subdivision located in Schuylkill and Luzerne Counties near Hazleton, Pennsylvania." with respect to the following cause(s) of action: Any claims for damages or injunctive relief under the Racketeer Influenced and Corrupt Organizations Act 1
("RICO") 18 U.S.C. 1962(c) premised upon the alleged racketeering activity of any of the defendants, herein, relating to the Valley of Lakes development b. SUBCLASS A, which is hereby certified pursuant to Fed. R. Civ. P. 23(b)(3), is defined as follows: "All persons and entities throughout the United States and its territories (other than the defendants named in the complaint) that, since September 30, 1986, have purchased unimproved lots, in the 'Valley of Lakes' subdivision located in Schuylkill and Luzerne Counties near Hazleton, Pennsylvania." with respect to the following cause(s) of action: Any claims for damages or injunctive relief under the Interstate Land Sales Full Disclosure Act (Land Disclosure Act), 15 U.S.C. 1701, against defendant C.B.G. Ltd., Frank Cedrone, or Ralph Conte premised upon the sale of unimproved lots in the Valley of Lakes subdivision. c. SUBCLASS B, which is hereby certified pursuant to Fed. R. Civ. P. 23(b)(2), is defined as follows: "All persons and entities throughout the United States and its territories (other than the defendants named in the complaint) that, since September 30, 1986, have owned lots, whether improved or unimproved, in the 'Valley of Lakes' subdivision located in Schuylkill and Luzerne Counties near Hazleton, Pennsylvania." with respect to the following cause(s) of action: Any claims for damages or injunctive relief under 42 U.S.C. 1983 against defendant CBG Ltd., Frank Cedrone, Property Owners Association (POA), or MLA Management Associates, Inc. premised upon the defendants alleged 2
deprivation of property interests and/or liberty interests under color of statute, ordinance, regulation, or usage relating to the Valley of Lakes subdivision. d. SUBCLASS C, which is hereby certified pursuant to Fed. R. Civ. P. 23(b)(3), is defined as follows: "All persons and entities throughout the United States and its territories (other than the defendants named in the complaint) that, since September 30, 1986, have purchased or owned lots, whether improved or unimproved, in the "Valley of Lakes" subdivision, located in Schuylkill and Luzerne Counties near Hazleton, Pennsylvania, based on (a) any offer or disposition made in or from the State of New Jersey; or (b) any offer directed by the developer or its agent originating from outside the State of New Jersey to the persons or entities within the State of New Jersey." with respect to the following cause(s) of action: Any claims for damages or injunctive relief under the New Jersey Real Estate Sales Full Disclosure Act, N.J.S.A. 45:15-16.47, against defendant CBG Ltd., Frank Cedrone or Ralph Conte, relating to the Valley of Lakes subdivision. e. SUBCLASS D, which is hereby certified pursuant to Fed. R. Civ. P. 23(b)(3), is defined as follows: "All persons and entities throughout the United States and its territories (other than the defendants named in the complaint) that, since September 30, 1986, have purchased or owned lots, whether improved or unimproved, in the "Valley of Lakes" subdivision located in Schuylkill and Luzerne Counties near Hazleton, Pennsylvania." with respect to the following cause(s) of action: Any claims for damages or injunctive relief under a claim for common law fraud and deceit pursuant to 3
the law of the State of New Jersey against PNC Bank, N.A., by merger with First Eastern Bank N.A., First Eastern Bank Corp, a subsidiary of PNC Bank Corp., MLA Management Associates, Inc., CBG Ltd, Frank Cedrone, Valley Utilities Co. Inc. and Oneida Water Company relating to the Valley of Lakes subdivision. 2. CLASS REPRESENTATIVES; CLASS COUNSEL. Subject to further order of the court: a. As to the PRIMARY CLASS, all of the plaintiffs, LEON R. DONGELEWICZ and MARGARET J. DONGELEWICZ, husband and wife, FRANCIS X. BURNS, LAURA BURNS, LOIS A. BURNS, GEORGE M. DE PERSIA and SHARON M. DE PERSIA, husband and wife, JOHN B. KNOX and BETSY C. KNOX, husband and wife, ESTATE OF JOHN T. MIELE, FRANK J. RACHUBINSKI and HELEN A. RACHUBINSKI, husband and wife, SENTA M. SHERIDAN, GER D. J. SMIT, WACLAW SZCZESNIAK and DANUTA SZCZESNIAK, husband and wife, are designated as class representatives; and Roger S. Antao, Esq., and Enna Chuang, Esq., Antao & Chuang, 460 Bergen Boulevard, Suite 200, Palisades Park, N.J., are designated as counsel for the class. b. As to SUBCLASS A, plaintiffs, LEON R. DONGELEWICZ and MARGARET J. DONGELEWICZ, husband and wife; FRANCIS X. BURNS; LAURA BURNS; LOIS A. BURNS; JOHN B. KNOX and BETSY C. KNOX, husband and wife; SENTA M. SHERIDAN; GER D. J. SMIT; WACLAW SZCZESNIAK and DANUTA SZCZESNIAK, husband and wife, are designated as class representatives and Roger S. Antao, Esq., and Enna Chuang, Esq., Antao & Chuang, 460 Bergen Boulevard, Suite 200, Palisades Park, N.J., are designated as counsel for the class. c. As to SUBCLASS B, all of the plaintiffs, LEON R. DONGELEWICZ and MARGARET J. DONGELEWICZ, husband and wife, FRANCIS X. BURNS, LAURA BURNS, LOIS A. BURNS, GEORGE M. DE PERSIA and SHARON M. DE PERSIA, husband and wife, JOHN B. KNOX and BETSY C. KNOX, husband and wife, ESTATE OF JOHN T. MIELE, FRANK J. RACHUBINSKI and HELEN A. RACHUBINSKI, husband and wife, SENTA M. SHERIDAN, GER D. J. SMIT, WACLAW SZCZESNIAK and DANUTA SZCZESNIAK, husband and wife, are designated as class representatives and Roger S. Antao, Esq., and Enna Chuang, Esq., Antao & Chuang, 460 Bergen Boulevard, Suite 200, Palisades Park, N.J., are designated as counsel for the class. d. As to SUBCLASS C, plaintiffs LEON R. DONGELEWICZ and MARGARET J. DONGELEWICZ, FRANCIS X. BURNS , LAURA BURNS , LOIS A. BURNS, JOHN B. KNOX and BETSY C. KNOX, ESTATE OF JOHN T. MIELE, SENTA M. SHERIDAN, GER D. J. SMIT, and WACLAW SZCZESNIAK and DANUTA 4
SZCZESNIAK are designated as class representatives and Roger S. Antao, Esq., and Enna Chuang, Esq., Antao & Chuang, 460 Bergen Boulevard, Suite 200, Palisades Park, N.J., are designated as counsel for the class. e. As to SUBCLASS D, all of the plaintiffs, LEON R. DONGELEWICZ and MARGARET J. DONGELEWICZ, husband and wife, FRANCIS X. BURNS, LAURA BURNS, LOIS A. BURNS, GEORGE M. DE PERSIA and SHARON M. DE PERSIA, husband and wife, JOHN B. KNOX and BETSY C. KNOX, husband and wife, ESTATE OF JOHN T. MIELE, FRANK J. RACHUBINSKI and HELEN A. RACHUBINSKI, husband and wife, SENTA M. SHERIDAN, GER D. J. SMIT, WACLAW SZCZESNIAK and DANUTA SZCZESNIAK, husband and wife, are designated as class representatives and Roger S. Antao, Esq., and Enna Chuang, Esq., Antao & Chuang, 460 Bergen Boulevard, Suite 200, Palisades Park, N.J., are designated as counsel for the class. 3. NOTICE. (a) Class counsel shall, within ninety (90) days of this order, cause to be mailed in the name of the clerk by first class mail, postage prepaid, to all class members who can be identified through reasonable efforts, a notice in substantially the form as Attachment A; namely, the current owners of lots in the Valley of Lakes subdivision. (b) Class counsel shall cause to be published, within ten days of the mailing of the notices, in substantially the form as Attachment B in (i) a newspaper of general circulation in Luzerne County, PA; (ii) a newspaper of general circulation in Schuylkill County, PA. (c) Class Counsel shall cause to be published a "World Wide Web homepage" on the Internet containing both the mailed notice and published notice. 4. EXCLUSION. Class members may exclude themselves from this class action (except that no one can be excluded from SUBCLASS B) by filing with the Clerk of the Court within thirty (30) days of the class counsel mailing notice to the class, the form attached to Exhibit A or some other appropriate written indication that they request exclusion from the class. 5. LIST OF CLASS MEMBERS. Class counsel will file with the clerk, within thirty (30) days of obtaining from the Clerk of the Court all of the names of the class members who have excluded themselves, an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion. /s/ James F. McClure, Jr. United States District Judge
Valley of Lakes RICO Class Action against PNCBANK, et al.

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