IN THE CIRCUIT COURT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION BOUCHARD, Shane, et. al., on behalf of themselves and all others similarly situated, Plaintiffs, v. THE RYLAND GROUP, INC. and Larry NICHOLSON, Defendants. ________________________________________/
CLAIM FORM AND RELEASE
To submit a claim seeking distribution of a portion of the Settlement Fund, a Lawsuit Class Member (including each owner of a jointly owned Ryland home) must complete this Claim Form and Release (the “Claim Form”) and send it, together with the required Documentation as described in the Notice to: Administrator John Briggs Upchurch Watson White & Max Mediation Group 1060 Maitland Center Commons, Suite 440 Maitland, Florida 32751 The Claim Form and Documentation must be received by the Administrator no later than September 27, 2008 (the “Claim Period”). Failure timely to submit a completed Claim Form and Documentation, or to execute the Release contained herein, will result in an invalid claim. If you have determined that you are a Settlement Class Member and are submitting a claim, you must sign this Claim Form under penalty of perjury at the place provided for at the end of this Form for “Signature of Class Member.” If you are executing this Claim Form in a representative capacity, this form must be accompanied by proof of your authority to act on behalf of and to bind the person on whose behalf you are acting. No duplicative claims are permitted. Therefore, Settlement Class Members who own the same Ryland home (or, when applicable, previously owned the same Ryland home) encompassed within this Settlement, must submit a single Claim Form and a single set of Documentation. Each of these joint owners, or former owners, must sign this Claim Form below. You are responsible for the method of delivery by which you choose to send your Claim Form to the Administrator. Neither the Administrator, nor any other party to the settlement or their counsel shall have any responsibility for a Claim Form that fails to be received by the Administrator within the Claim Period.
PART I. CLASS MEMBER IDENTIFICATION AND CLAIM BACKGROUND INFORMATION 1. Did you own, at any time between January 1, 2000 and March 1, 2005, a Ryland single family residential home that was constructed after December 31, 1999? YES _____ NO _____ 2. Was that home constructed by Ryland’s Orlando, Tampa or Ft. Myers divisions? YES _____ NO _____ 3. Was there water intrusion through the exterior walls of that Ryland home during the period beginning January 1, 2000 and ending March 1, 2005? YES _____ NO _____ If you answered “No” to any of Questions 1, 2 or 3 above, OR if you work or have worked for Ryland, STOP. You should not complete this Claim Form. You either are not a member of the Settlement Class or are not eligible for a distribution from the Settlement Fund. Otherwise, continue with Question 4. 4. Address of the Ryland home which is the subject of this claim: ____________________________________________________ Street Address ____________________ City ___________ State _________ Zip Code
5. Dates the Class member owned that Ryland home: From _______________________ Month / Date / Year To ________________________ Month / Date / Year 6. This claim is being made by (circle one): A single owner of the Ryland home (There is no joint ownership). Joint Owners of the Ryland home (each of whom has signed this Claim Form) On behalf of another person (not myself or joint owners) If you circled “On behalf of another person,” please identify, on a separate sheet of paper the legal capacity in which you represent the Class Member (e.g., guardian, executor, administrator), and your current address and phone numbers. Attach to that paper the legal documents authorizing you to act in that person’s behalf. 7. Please provide the approximate date or dates when the water intrusion at the Ryland home occurred. If you are uncertain of the dates, but recall a surrounding well-
known event (such as during Hurricane Charley, Frances or Jeanne), please indicate the event. __________________________________________ 8. Did Ryland repair, to your satisfaction, the cause of the water intrusion and any damage it may have caused? YES _____ NO _____ If you answered “Yes” to Question 8, STOP. You need not complete this form. WATER INTRUSION REPAIRS – COSTS INCURRED 9. At or within a reasonable time after the time of the water intrusion, did you incur any costs to repair the cause of the water intrusion or any damage it caused, which costs were not reimbursed by any other source (such as your home insurance or federal, state, or local aid)? YES _____ NO _____ If you answered “No” to Question 9, please skip to question 13. 10. Please provide a description of the repairs that you did (or had done) and the amount of unreimbursed costs that you incurred. Description: ___________________________________________ ___________________________________________ ___________________________________________ Cost: ___________ 11. If your unreimbursed cost includes the cost of painting your home, to your knowledge had your home been painted prior to this occasion other than when it was constructed? YES _____ NO _____ If you answered “No” to Question 11, please skip to question 13. 12. Please provide the date (or approximate date) when that prior painting occurred: Date of prior painting:_________________________ WATER INTRUSION REPAIRS – ESTIMATES OBTAINED 13. At or within a reasonable time after the time of the water intrusion, did you obtain any written estimates for the cost to repair the cause of the water intrusion or any damage it caused but which repairs you have not undertaken and which, if you incur them, would not be reimbursed by any other source (such as your home insurance or federal, state, or local aid)? YES _____ NO _____
If you answered “No” to Question 13, please skip the remaining questions and go to the section on “Documentation.” 14. Please provide a description of the repairs for which you obtained the written estimates and the amount of the estimates. Description: ___________________________________________ ___________________________________________ ___________________________________________ Estimated Cost: ___________ 15. If your written estimates include the cost of painting your home, had you home been painted at any time after it was constructed? YES _____ NO _____ If you answered “No” to Question 15, please skip the next question and go to the section on “Documentation.”. 16. Please provide the date (or approximate date) when that other painting occurred: Date of other painting: DOCUMENTATION As set forth in more detail in the Notice, you must include with this Claim Form, certain Documentation in support of your claim showing that, at or about the time of the water intrusion, either (a) there was a repair of the cause of that intrusion or the damage it caused and the unreimbursed cost of those repairs, or (b) an estimate was obtained with respect to the amount that would have to be expended in repairing the cause or effect of the water intrusion (which amount would not be reimbursed if those repairs were undertaken. This Documentation must include, in the case of amounts actually expended, invoices, receipts, cancelled checks, statements of account, or other reliable evidence of such amounts, and, in the case of estimates of expenses, written estimates from Florida licensed contractors or sub-contractors. To the extent a claim includes painting of the home, and the home was painted after the home was constructed but before the water intrusion occurred, documentation must be included as to that painting. IF YOU FAIL TO INCLUDE THE REQUIRED DOCUMENTATION, YOUR CLAIM WILL NOT BE CONSIDERED. PART II. THE RELEASE The undersigned Class Member(s), in consideration of all of the terms of the Settlement Agreement and without regard to whether the claim asserted in the Claim Form is found by the Administrator to be in whole or in part valid or not valid, hereby understand(s) and agree(s) that, upon the Settlement Agreement becoming final: (a) the Ryland Group, Inc. and Larry Nicholson, and each of their present and former parents, partners, subsidiaries, divisions, affiliates, stockholders, officers, directors, employees, agents, predecessors, heirs, executors, administrators, successors, and assigns and any of their _________________________
legal representatives (and the predecessors, heirs, executors, administrators, successors, and assigns of each of the foregoing, collectively or individually) (the “Released Parties”) are released and forever discharged from all manner of claims (including without limitation intentional torts), demands, actions, suits, causes of action, whether class, individual, or otherwise, including those seeking injunctive relief of any kind, damages whenever incurred, liabilities of any nature whatsoever, costs, expenses, penalties, or attorneys’ fees, and regardless of whether known or unknown, suspected or unsuspected, by such Class Member(s), whether directly, representatively, or in any other capacity, which such Class Member(s) ever had, now have, or hereafter can, shall, or may have against the Released Parties with respect to any actual water intrusion or potential for water intrusion at their Ryland home due to any aspect of the construction of the walls of said home, or any representations or warranties, oral or written, with respect thereto, or any negative effect on the actual or prospective value of their Ryland home as a result of the foregoing or any publicity relating to the foregoing (e.g. a claim for diminution in value), including, without limitation, any claims relating to any of the foregoing which have been or could have been asserted in the Arbitration or the Lawsuit against the Released Parties or any one of them or that are otherwise encompassed by this Settlement Agreement (the “Released Claims”); and (b) Such Class Member(s) will not to seek to establish liability against any Released Party based, in whole or in part, upon any of the Released Claims. PART III. EXECUTION OF THE CLAIM FORM AND RELEASE Each joint owner of the Ryland home that is the subject of this claim must execute this Claim Form and Release, stating, under penalty of perjury, the following: I hereby execute this Claim Form and Release and state, under penalty of perjury, that: (1) Each of the answers provided above is fully truthful to the best of my knowledge and belief; (2) All of the Documentation provided with this Claim Form and Release is genuine and not the product of any agreement with the person to whom the payment reflected therein was made or from whom the estimate reflected therein was received so as to inflate the amount of the claim that is being submitted; and (3) I have carefully read and reviewed the terms and provisions of the Release; I am familiar with them and clearly understand them, and I have fully and unconditionally consented to them. Stated under penalty of perjury: __________________________________ Signature of Class Member __________________________________ Printed Name of Class Member _______________________________________ Signature of Class Member (Joint Owner) _______________________________________ Printed Name of Class Member (Joint Owner)
__________________________________ Address of Class Member
_______________________________________ Address of Class Member (Joint Owner)
__________________________________ _______________________________________ Telephone Number(s) of Class Member Telephone Number(s) of Class Member (Joint Owner) __________________________________ _______________________________________ Date Date