Loading...
HomeMy WebLinkAbout08-3532'S COMMONWEALTH OF PENNSYLVANIA BY THOMAS W. CORBETT, JR. ATTORNEY GENERAL, Plaintiff, V. JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE Mount Holly Springs, Pennsylvania 17065 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION 0 _ 3 ovi NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE 100 SOUTH STREET, P.O. BOX 186 HARRISBURG, PA 17108 800-692-7375 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY THOMAS W. CORBETT, JR. : OF CUMBERLAND COUNTY, ATTORNEY GENERAL, : PENNSYLVANIA Plaintiff, V. CIVIL ACTION JAMES RYAN WARD d/b/a No. 6 8-- 3 93 WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE Mount Holly Springs, Pennsylvania 17065 COMPLAINT AND PETITION FOR PERMANENT INJUNCTION AND NOW, this /I ay of , 2008, comes the Commonwealth of Pennsylvania by Attorney General Jornas W. Corbett, Jr., through the Bureau of Consumer Protection, who brings this action on behalf of the Commonwealth pursuant to Section 201-4 of the Unfair Trade Practices and Consumer Protection Law, 73 P. S. §§ 201-1 - 201-9.2, (hereinafter the "Consumer Protection Law"), which Act authorizes the Attorney General to bring an action in the name of the Commonwealth of Pennsylvania, and to restrain by permanent injunction unfair methods of competition or unfair or deceptive acts or practices in the conduct of any trade or commerce declared unlawful by the Consumer Protection Law. The Commonwealth also seeks, pursuant to § 201-4.1 of the Consumer Protection Law, restitution of monies acquired from consumers by means of violations of said Law. Additionally, the Commonwealth seeks appropriate civil penalties pursuant to § 201-8(b) of the Consumer Protection Law for all willful violations of the Consumer Protection Law. The Commonwealth seeks to recover its costs for enforcement of the Consumer Protection Law to be used for future public protection and education purposes. In support thereof, the Commonwealth respectfully represents the following: 2 IDENTIFICATION OF PARTIES AND LEGAL BASIS 1. The Plaintiff is the Commonwealth of Pennsylvania, acting by Attorney General Thomas W. Corbett, Jr., through the Bureau of Consumer Protection (hereinafter "Commonwealth" or "Plaintiff'), with offices located at 301 Chestnut Street, Suite 105, Harrisburg, Pennsylvania 17101. 2. Defendant James Ryan Ward, is an adult individual who is engaged in trade and commerce within the Commonwealth of Pennsylvania as the owner and operator of a home improvements and repair business. 3. Defendant Ward is conducting business under the fictitious name of Windy Ridge Construction from a principal place of business located at 590 Baltimore Pike, Mount Holly Springs, Pennsylvania 17065; and 4. Defendant has not registered his fictitious name with the Pennsylvania Department of State Corporation Bureau as required by the Fictitious Names Act, 54 Pa. C.S.A. §§ 301- 332. 5. The Commonwealth has reason to believe that the Defendant has used practices declared unlawful by § 201-3 of the Consumer Protection Law. 6. The Commonwealth believes the public interest is served by seeking before this Honorable Court a permanent injunction to restrain the operations, methods, acts, and practices of Defendant as hereinafter set forth, as well as seeking restitution for consumers and civil penalties for violations of the law. 3 COUNTI DEFENDANTS MADE IMPROMENTS OR REPLACEMENTS TO REAL PROPERTY OF A NATURE OR QUALITY INFERIOR TO OR BELOW THE STANDARD OF THAT AGREED UPON IN WRITING 7. Paragraphs 1 through 6 are incorporated herein and made part hereof as if fully set forth herein. 8. Beginning in at least 2005 and continuing through the present, Defendant has engaged in a pattern or practice of the following unlawful conduct: accepting down payments on the total contract price, or payment-in-full in advance, for Defendant's home improvement and repair services but failing to commence the services or deliver the goods contracted for; failing to complete or provide the services and materials contracted for; and/or when the services were provided, completing the repairs and improvements in an unsatisfactory, shoddy manner, which included damaging other existing property. 9. The Defendant required either a down payment or payment-in-full upon contracting with consumers for their home improvement services. 10. The Defendant told consumers that the home improvement services would be initiated and completed weeks and even months before they actually were started or finished. 11. Despite the Defendant's oral representations, the Defendant's contract specifically "Article 2. Time of Completion," provided that: "The work to be performed under this Contract shall be commenced on or before [insert date] and shall be substantially completed on or before [insert date]. Time is of the essence. The following constitutes substantial completion of work pursuant to this proposal and contract: (Specify)." 12. The Defendant was either significantly late in providing or completely failed to provide the contracted home improvements services. 13. Despite the fact that Defendant failed to either perform or complete the work 4 contracted for with consumers, the Defendant did not provide refunds. 14. The Defendant's contract specifically identified a written standard of performance. 15. The "General Provisions" of Defendant's contract, provided that "All work shall be completed in a workman-like manner and in compliance with building codes and other applicable laws." 16. Consumers allege that Defendant's home improvement services were either not performed; incomplete; unnecessary; not in accordance with the consumer's understanding of the contract; shoddy or inferior workmanship and/or resulted in additional damages to the consumer's property, including some which required additional expenditures in the form of hiring another contractor and/or additional materials to either complete or repair the project. 17. Defendant's conduct violates § 201-3 of the Consumer Protection Act, as defined specifically in 73 P.S. § 201-2(4)(v),(vii), (xvi), and (xxi): (v) Representing the goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (vii) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (xvi) Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing; (xxi) Engaging in any other fraudulent or deceptive conduct that creates 5 likelihood of confusion or of misunderstanding. 73 P.S. § 201-2(v), (vii), (xvi) and (xxi). PRAYER FOR RELIEF WHEREFORE, the Commonwealth prays this court to grant relief as follows: A. Directing Defendant to make consumer restitution through the Bureau of Consumer Protection to be distributed to those consumers entitled thereto; B. Directing Defendant to forfeit and pay to the Commonwealth separate civil penalties of One Thousand Dollars ($ 1,000.00) for each instance of a willful violation of the Consumer Protection Law, and Three Thousand Dollars ($ 3,000.00) for each instance of a willful past or present violation of the Consumer Protection Law involving consumers aged sixty (60) or older as victims; C. Enjoining Defendant from any further violations of the Consumer Protection Law and further enjoining Defendant from doing business as an owner and operator of Windy Ridge Construction, or in any similar capacity in any other entity performing home improvement and repair services, in the Commonwealth of Pennsylvania until such time as he can demonstrate to this Honorable Court that he has paid the restitution and penalties requested in this Prayer for Relief, D. If necessary, appointing a Receiver under Pa. R.C.P. 1533 to determine and collect Defendant's assets and liquidate same to satisfy this Order; E. Granting the Commonwealth the costs of enforcing the Consumer Protection Law and the costs of filing this action; and F. Granting such further relief as this court may deem appropriate. 6 COUNT II DEFENDANT FAILED TO PROVIDE NOTICE OF RIGHTS OF CANCELLATION 18. Paragraphs 1 through 17 are incorporated herein and made part hereof as if fully set forth herein. 19. Defendant failed to properly notify consumers that they had the right to cancel their contracts, to include informing them of the proper procedure to do so. 20. Between at least 2005 through the present, Defendant entered into contracts with consumers as a result of or in connection with a contact by Defendant on consumers at their homes. 21. Defendant failed to include a statement of the consumers' right to cancel the contract and a Notice of Cancellation as required by § 201-7 of the Consumer Protection Law. 22. All consumers mentioned in this count contracted for services in an amount greater than twenty-five ($25.00) dollars. 23. Defendant's conduct violates § 201-3 of the Consumer Protection Law as defined by § 201-7. PRAYER FOR RELIEF WHEREFORE, the Commonwealth prays this court to grant relief as follows: A. Directing Defendant to make consumer restitution through the Bureau of Consumer Protection to be distributed to those consumers entitled thereto; B. Directing Defendant to forfeit and pay to the Commonwealth separate civil penalties of One Thousand Dollars ($ 1,000.00) for each instance of a willful violation of the Consumer Protection Law, and Three Thousand Dollars ($ 3,000.00) for each instance of a willful past or present violation of the Consumer Protection Law involving consumers aged sixty 7 (60) or older as victims; C. Enjoining Defendant from any further violations of the Consumer Protection Law and further enjoining Defendant from doing business as an owner and operator of Windy Ridge Construction, or in any similar capacity in any other entity performing home improvement and repair services, in the Commonwealth of Pennsylvania until such time as he can demonstrate to this Honorable Court that he has paid the restitution and penalties requested in this Prayer for Relief; D. If necessary, appointing a Receiver under Pa. R.C.P. 1533 to determine and collect Defendant's assets and liquidate same to satisfy this Order; E. Granting the Commonwealth the costs of enforcing the Consumer Protection Law and the costs of filing this action; and F. Granting such further relief as this court may deem appropriate. Respectfully submitted, THOMAS W. CORBETT, JR. ener 1 AttoTepurnty By: L. Zucco Attorney Gen eral ey I.D. No. 58131 Michael C. Gerdes Deputy Attorney General Attorney I.D. No. 88390 Office of Attorney General Bureau of Consumer Protection 301 Chestnut Street, Suite 105 Harrisburg, Pennsylvania 17101 Telephone: 717-787-7109 Facsimile: 717-772-3560 8 VERIFICATION I, HARRY A. DORN III, Consumer Protection Agent for the Commonwealth of Pennsylvania, Plaintiff, verify that the facts set forth in the foregoing are true and correct to the best of my information, knowledge and belief. I understand that the statements contained herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: 77 - ® r HARRY AORN III Consumer rotection Agent Q W -161 1? \[a n t° A F --a C") tV CS C . mss 7' - Ml ?? to 1?/ SHERIFF'S RETURN - REGULAR CASE NO: 2008-03532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA COMMONWEALTH OF VS WARD JAMES RYAN D/B/A WINDY RI SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WARD JAMES RYAN D/B/A WINDY RIDGE CONSTRUCTION the DEFENDANT , at 0827:00 HOURS, on the 14th day of June 2008 at 590 BALTIMORE PIKE MOUNT HOLLY SPRINGS, PA 17065 by handing to DANETTE CRAMER, GIRLFRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with PETITION FOR PERMANENT INJUNCTION and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.00 Affidavit .00 Surcharge 10.00 4/4 ?OSr 00 34.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/16/2008 IA COMMONWEALTH OF PENNSISKeriff By: Deputy of A. D. COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL THOMAS W. CORBETT, JR., Plaintiff V. JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE MOUNT HOLLY SPRINGS, PA 17065, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY 08-3532 ENTRY OF APPEARANCE Pursuant to Pennsylvania Rules of Civil Procedure No. 1012, the undersigned hereby enters her appearance as attorney for the Plaintiff in the above-captioned matter. Respectfully submitted, Tracey Dey bs Deputy Attorney General Attorney I.D. No. 81068 Office of Attorney General Bureau of Consumer Protection 301 Chestnut Street, Suite 105 Harrisburg, PA 17101 Telephone: (717) 787-7109 Fax: (717) 772-3560 Date: -7- lb "09' r ? COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL THOMAS W. CORBETT, JR., Plaintiff V. JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE MOUNT HOLLY SPRINGS, PA 17065, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - EQUITY 08-3532 CERTIFICATE OF SERVICE I, Tracey Dey Tubbs, hereby certify that on this 1b, day of 2008, I caused to be served a true and correct copy of the foregoing document titled Entry of Appearance by first class and certified mail to the following: James Ryan Ward 590 Baltimore Pike Mount Holly Springs, PA 17065 By: Tracey Dey Tjjbbs Deputy Attorney General v? - rri ti+ r COMMONWEALTH OF PENNSYLVANIA BY THOMAS W. CORBETT, JR. ATTORNEY GENERAL, Plaintiff V. JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE Mt. Holly Springs, Pennsylvania 17065 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION 08-3532 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND PETITION FOR PERMANENT INJUNCTION AND NOW, comes James Ryan Ward d/b/a Windy Ridge Construction, by and through his counsel, Karl E. Rominger, Esquire, and avers as follows: IDENTIFICATION OF PARTIES AND LEGAL BASIS Admitted 2. Admitted 3. Admitted 4. Admitted 5. Denied. Further is a conclusion of law. 6. Denied. Further is a conclusion of law. COUNTI DEFENDANTS MADE IMPROMENTS OR REPLACEMENTS TO REAL PROPERTY OF A NATURE OR QUALITY INFERIOR TO OR BELOW THE STANDARD OF THAT AGREED UPON IN WRITING 7. Previous answers incorporated herein. • 8. Denied. Strict proof is demanded at trial. By way of further answer this is a conclusion of law and requires no answer. 9. Admitted. 10. Denied. Strict proof is demanded at trial. By way of further answer, Admitted in part. Delays occurred in various jobs for various reasons, some within the control of the contractor, some within the control of the contracted parry, and some in the control of god, or others. 11. Denied in Part, Admitted in part. Strict proof is demanded at trial. By way of further answer this varied on a case by case basis. 12. Denied. Strict proof is demanded at trial. By way of further answer even when late, if allowed to complete the project defendant did so. 13. Denied. Strict proof is demanded at trial. By way of further answer refunds are and were only paid when owed. 14. This is a conclusion of law and requires no answer. 15. This is a conclusion of law and requires no answer. It is admitted such language existed. 16. Denied. Strict proof is demanded at trial. By way of further answer to the extent that this is a conclusion of law it requires no answer. 17. Denied. Strict proof is demanded at trial. By way of further answer this is a conclusion of law and requires no answer. WHEREFORE defendant asks for judgment in his favor. COUNT II DEFENDANT FAILED TO PROVIDE NOTICE OF RIGHTS OF CANCELLATION 18. All previous answers are incorporated herein. 19. Denied. Strict proof is demanded at trial. By way of further answer this is a conclusion of law and requires no answer. 20. Admitted that some contact occurred in homes. Otherwise Denied. Strict proof is demanded at trial. By way of further answer this is a conclusion of law and requires no answer. 21. Denied. Strict proof is demanded at trial. By way of further answer this is a conclusion of law and requires no answer. 22. Denied. Strict proof is demanded at trial. By way of further answer this is a conclusion of law and requires no answer. 23. Denied. Strict proof is demanded at trial. By way of further answer this is a conclusion of law and requires no answer. WHEREFORE defendant asks for judgment in his favor. Date: July 28, 2008 Respectfully Submitted, Rominger & Associates -21 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Defendant or COMMONWEALTH OF PENNSYLVANIA BY THOMAS W. CORBETT, JR. ATTORNEY GENERAL, Plaintiff V. JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE Mt. Holly Springs, Pennsylvania 17065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION 08-3532 CIVIL TERM CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Defendant's Answer to Plaintiffs Complaint and Petition for Permanent Injunction upon the following by depositing the same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Jody L. Zucco, Esquire Deputy Attorney General Office of Attorney General Bureau of Consumer Protection 301 Chestnut Street, Suite 105 Harrisburg, Pennsylvania 17101 Date: July 28, 2008 Respectfully Submitted, Rominger & Associates ,02, WMAW- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Defendant ? f 51. l s . Cu i I COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY THOMAS W. CORBETT, JR. : OF CUMBERLAND COUNTY, ATTORNEY GENERAL, : PENNSYLVANIA Plaintiff, V. JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE Mount Holly Springs, Pennsylvania 17065 Defendant CIVIL ACTION No. 08-3532 Civil Term c c ? MW zm -- rnr - ? r 0M ? a) ca ac? _ t= 71 rr? elder,' ^? Vn PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, the Commonwealth of Pennsylvania by Attorney General Linda L. Kelly, successor to Thomas W. Corbett, Jr., through the Bureau of Consumer Protection, and moves this Court pursuant to Pa. R.C.P. 4019 for an Order directing Defendant to respond to Plaintiff's Interrogatories and Request for Production of Documents which were previously served upon them. In support of this motion, Plaintiff represents the following: 1. On or about January 26, 2011, Plaintiff contacted Attorney Karl Rominger via telephone and left a message with his secretary. A return call was not received. 2. On or about February 10, 2011, Plaintiff sent a letter to Attorney Rominger indicating that the Commonwealth was seeking to discuss the matter and a possible resolution. Attorney Rominger failed to respond. A copy of the letter is attached hereto as Exhibit "A". 3. On or about March 3, 2011, Plaintiff sent a letter to Defendant James Ryan Ward and copied Attorney Rominger requesting that the Defendant have his attorney contact the Commonwealth regarding this matter. Neither Defendant Ward nor Attorney Rominger responded. A copy of the letter is attached hereto as Exhibit "B". 4. On or about June 2, 2011, Plaintiff served upon Defendant the Plaintiff's Interrogatories and Request for Production of Documents. Copies are attached hereto as Exhibit «C„ To date, the Defendant has failed to respond to Plaintiff's discovery requests in violation of the thirty (30) day period required by Pa. R.C.P. 4006(a)(2) and 4009.12(a). 6. The information sought by the Plaintiff in its Interrogatories and Request for Production of Documents is necessary for it to prepare for trial. WHEREFORE, the Plaintiff requests that this Court enter an Order directing the Defendant to provide full and complete responses to its Interrogatories and Request for Production of Documents within twenty (20) days or be subject to appropriate sanctions upon further application to this Court. Respectfully submitted, LINDA L. KELLY ATTORNEY GENERAL Date: -7111 / / By. Kathryn H. ox Deputy Attorney General Attorney ID No. 81735 Office of Attorney General Bureau of Consumer Protection 15`h Floor, Strawberry Square Harrisburg, PA 17120 (717) 787-7109 COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL Bureau of Consumer Protection Public Protection Division 15'" Floor, Strawberry Square Harrisburg,_Pennsylvania 17120 Telephone: (717) 787-7109 Facsimile: (717) 705-3795 February 10, 2011 Karl E. Rominger, Esquire Rominger & Assoicates 155 South Hanover Street Carlisle, PA 17013 Re: James Ryan Ward d/b/a Windy Ridge Dear Mr. Rominger: I recently was assigned the above referenced matter and I am seeking to move it forward. If you are currently representing Mr. Ward, would you please contact me or Agent Supervisor Richard Lebo so that we can discuss a resolution. If I do not hear from you within ten days, I will assume that your representation has ended and that I am free to contact Mr. Ward directly. Thank you for your attention to this matter. Very truly yours, ?- 74 Kathryn H. Si ox Deputy Attorney General KHS/las COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL T Facsimile: (717) 705-3795 March 3, 2011 James R. Ward 590 Baltimore Pike Mt Holly Springs, PA 17065 Re: Commonwealth of Pennsylvania v. James Ryan Ward d/b/a Windy Ridge Docket No.: 08-3532 Dear Mr. Ward: I recently was assigned the above referenced matter and I am seeking to move it forward. I have recently contacted Attorney Karl Rominger, but he has failed to respond to my inquiries. If you are currently represented by Mr. Rominger or a new attorney, would you please have them contact me so that we can discuss resolution of the outstanding litigation. Thank you for your attention to this matter. Very truly yours, Ka H. Deputy Attorney General cc: Karl E. Rominger, Esquire Bureau of Consumer Protection Public Protection Division 15th Floor, Strawberry Square Harrisburg, Pennsylvania 17120 KHS/las COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY THOMAS W. CORBETT, JR. : OF CUMBERLAND COUNTY, ATTORNEY GENERAL, : PENNSYLVANIA Plaintiff, V. ; CIVIL ACTION JAMES RYAN WARD d/b/a . --.-_ WrM-Y RIDGE C-O-NSTRUCTI-ON ------ --N.o.-0&-3532--C1vi1Term 590 BALTIMORE PIKE : Mount Holly Springs, Pennsylvania 17065 Defendant d/b/a WINDY RIDGE CONSTRUCTION PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned, within thirty (30) days from service hereof, your full and complete answers in writing and under oath to the following interrogatories. These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answer had it been known or available, are to be supplied by supplemental answers. This means that if between the preparation of your answers to the following interrogatories and the time of trial of this case you or anyone acting on your behalf should learn the identities or locations or any person having knowledge of discoverable matters, the identities of any persons expected to be called as expert witnesses at trial, the subject matter of such expected expert testimony and the substance of such expert testimony, you shall promptly furnish the same to the undersigned by supplemental answers. If between the preparation of your answers to the following interrogatories and the time of trial of this case you or anyone on your behalf should obtain information upon the basis of which you know that an earlier answer to the following interrogatories was incorrect when made, or though correct when made, is no longer true, you shall promptly furnish the same to the undersigned by supplemental answers. These interrogatories are addressed to you, but all references to you shall be deemed to also include references to anyone acting on your behalf. Please attach written materials to any answer for which written materials are available. If they are not available, state where they may be obtained. Label the written material with the number of the interrogatory to which they pertain. DEFINITIONS Unless otherwise specified, the following definitions shall apply to the instructions, the objections, the Interrogatories, and the other definitions: 1. The terms "person" and "persons" refer to all individuals and entities, including corporations, partnerships, and any other businesses, contractors, and/or subcontractors. 2. The term "document" and "documents" in these interrogatories shall refer to all writings and recorded materials of every type in possession, control or custody of Defendant of which Defendant has knowledge, whether originals or copies. Such writings or recordings include but are not limited to, any original, reproduction, or copy of any kind, 3. If an oral communication, its identity and the identity of all persons known to you to whom the occurrence or the substance of the oral communication has been disclosed. To the extent that you believe any of the following Interrogatories to be objectionable, answer so much of each Interrogatory and each part thereof as is not, in your view, objectionable, and separately state so much of that part of each Interrogatory as to which you raise objection and each ground for each such objection. INTERROGATORIES Identify any and all persons who provided you with information, assisted you, and/or consulted with you in responding to these interrogatories and request for production of documents, indicating which person(s) prepared the response to each interrogatory or production request. 2. State your current address and any address where you lived, even if temporarily, from January 2006 to the present. 3. State your current business address and describe the type of work you are currently employed in. 4. State the names and addresses of any and all persons or entities having ownership or pecuniary interest in Windy Ridge Construction at any time from January 1, 2006 to the present and indicate the percentage of their ownership interest. 5. State the name and address of all persons employed by you or Windy Ridge Construction from January 1, 2006 until the present. 6. For each person(s) you identify in response to Interrogatory No. 5, please state their job title, position held, dates of employment, training/education, and any licenses or certifications held while employed by you or Windy Ridge Construction. 7. State the names and addresses of all persons acting as subcontractors and/or independent contractors on any home construction job performed by you or Windy Ridge Construction in the Commonwealth of Pennsylvania from January 2006 to the present. 8. For each person(s) you identify in response to Interrogatory No. 7, state which job(s) was/were worked on, the nature of work performed and the time period in which the work was performed and the amount owed to each, if any. 9. List the names and addresses of all customers, consumers, or clients with whom you had contracted or agreed to perform home improvement work or services and/or did perform home improvement work or services during the period from January 1, 2006 to the present. Kindly attach all documents related to such work or services including, but not limited to contracts, proposals, estimates, bids, work orders, invoices, permits, licenses, financing documents, notes correspondence, memoranda and/or any other records or documents related in any way to each job. 10. For each customer, consumer, or client that you identify in response to Interrogatory 9, please state: a. Detailed description of work or services that you agreed to perform. b. Whether the job was completed. c. The name of the person(s) that physically performed the work and inspected the work after it was completed. d. For any individual named in Interrogatory 9(c), describe the training and experience this individual(s) has received with respect to this activity. e. Whether the customer, consumer, or client made any demand to have further work or services performed, and if so, describe in detail. 11. For each customer, consumer, or client identified in response to Interrogatory No. 9, please state the price estimated to be charged for your services, the price actually charged for your services, the amount of a deposit you collected from each customer, consumer, or client for your services, and the total amount paid to you by each customer, consumer, or client for the services. 12. Describe in detail, each representation, statement, promise, warranty and/or agreement, either written or oral, which was made to any customer, consumer, or client for home improvement work or services by you and include in such description the date they were made; to whom they were made; their specific content; and if in writing, attach a copy hereto. 13. List by name, address and telephone number all pending or incomplete contracts with residential customers in the Commonwealth of Pennsylvania and the status of construction for each. 14. List by name, address and telephone number all consumers against whom you placed a lien on real property and in what jurisdiction. 15. Identify by name, address and telephone number all financial institutions with whom you or Windy Ridge Construction had a line of credit or financial account at any time in the last five years. 16. For each institution identified in response to Interrogatory No. 15, provide the account numbers and status for all accounts held by you or Windy Ridge Construction. 17. Identify all properties in which you or Windy Ridge Construction has had an ownership interest in at any time from January 1, 2006 to the present. For any property in which you no longer have an ownership interest explain the disposition of such property. 18. Identify all of your or Windy Ridge Construction's assets including stocks, bonds, insurance items, automobiles, tools, business machines, materials etc. 19. Identify the name, address, policy number and telephone number of any insurance policy for which you or Windy Ridge Construction held a policy. 20. Identify all persons known by you to have personal knowledge and/or discoverable information regarding any of the allegations made in the Commonwealth's Complaint. 1W . 21. Identify any and all persons you intend to or may call as witnesses at trial and set forth the substance of their expected testimony. 22. Identify any expert witnesses you have identified concerning the allegations in the Commonwealth's complaint, including any experts that you intend to or may call or use for any evidentiary matter at any trial of the case herein, and set forth the substance of their expected testimony. L 23. For all those persons named in your answer to Interrogatory 22, state their occupation, and if they specialize in any particular field, set forth their areas of specialization. 24. Set forth the facts to which each such expert is expected to testify. f ' 25. Set forth the opinion to which each such expert is expected to testify. 26. Identify each lawsuit, if any, in which you or Windy Ridge Construction is a party to the action, filed in any jurisdiction of the Commonwealth since January 1, 2006. 27. For each lawsuit identified in response to Interrogatory No. 26, state the following: i. Name and address of plaintiff; ii. Name and address of the Court where the action was filed; _ _iii._--File_orslocket nuamber; iv. The amount in controversy; V. Date of hearing; and vi. The result or disposition of the hearing. * S 28. Describe your procedure or policy with respect to the maintenance, preservation, and destruction of documents, including whether any documents or things relating to any information requested in these interrogatories or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody. For each absent document, please identify the document, and the purpose and process of the document's destruction or removal from your control, including the persons who authorized or participated in the document's destruction or removal, and if still in existence, the location of the document and who retains possession of the document. r " w 29. In paragraph 10 of your Answer to the Commonwealth's Complaint, describe what is meant by "some in the control of god, or others." Respectfully submitted, LINDA L. KELLY Attorney General Date: -. rur x- 2, Za By: Pc.r?,--' ZY KATHRYN H. ILCOX Deputy Attorney General Commonwealth of Pennsylvania Office of Attorney General Bureau of Consumer Prote-Mon Attorney IM: 81735 15TH Floor, Strawberry Square Harrisburg, PA 17120 Phone: (717) 787-7109 Attorney for Plaintiff r -9- . COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY THOMAS W. CORBETT, JR. : OF CUMBERLAND COUNTY, ATTORNEY GENERAL, : PENNSYLVANIA Plaintiff, V. CIVIL ACTION -10-1-ES-RYA'VWARD- b/a - - - - - -- -- - - WINDY RIDGE CONSTRUCTION No. 08-3532 Civil Term 590 BALTIMORE PIKE Mount Holly Springs, Pennsylvania 17065 Defendant CERTIFICATE OF SERVICE I hereby certify that I have on this day serviced a true and correct copy of the foregoing Interrogatories of the Plaintiff Commonwealth of Pennsylvania Directed to Defendant James Ryan Ward d/b/a Windy Ridge Construction upon the following person(s) via U.S. First Class Mail: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 2011 Office of Attorney General Bureau of Consumer Protection 15th Floor, Strawberry Square Harrisburg, Pennsylvania 17120 (717) 787-7109 IL J 41 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY THOMAS W. CORBETT, JR. : OF CUMBERLAND COUNTY, ATTORNEY GENERAL, : PENNSYLVANIA Plaintiff, V. CIVIL ACTION JAMES RYAN WARD d/b/a WI1 BY DGE C$Ais'FRiJC-T-ION - _ --- :---No-08 3532-Civil-Term 590 BALTIMORE PIKE . Mount Holly Springs, Pennsylvania 17065 Defendant REQUEST FOR PRODUCTION OF DOCUMENTS OF THE PLAINTIFF COMMONWEALTH OF PENNSYLVANIA DIRECTED TO DEFENDANT JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION PLEASE TAKE NOTICE that you, Defendant James Ryan Ward d/b/a Windy Ridge Construction (herein referred to as the "Defendant"), is hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned, within thirty (30) days from service hereof, any and all of the following documents, records and/or materials at the Office of Attorney General, Bureau of Consumer Protection, 15th Floor Strawberry Square, Harrisburg, Pennsylvania 17120. INSTRUCTIONS A. Identify the person responding to each Request. If more than one person responds or participates in the preparation of the response to a request, each person responding or participating in preparation of the answers to each shall be similarly identified. The person, under whose control or supervision these responses were prepared, shall be similarly identified and you shall state whether or not such person(s) will offer supporting or directly related testimony. B. For each request the following further information shall be given: •A- 1. The administrative unit of Defendant which maintains the document provided; 2. The name of the witness(es) most likely to testify concerning the material or information contained in the response 3. The date on which the response was prepared; and -4---A designationof which documents-are provided-in response-to-that--- -- -- request. You may wish to number each document so that you can refer to it by number. C. In order to minimize duplication of time and effort in the discovery process, it is specifically requested that each and every document in response to the requests be proofread by a responsible employee of Defendant to insure that all text, figures, etc. on copies are clearly legible and that all abbreviations and any symbols are intelligible to any person who may have occasion to read the responding documents. D. You shall respond to each request from all sources and all information in Defendant's possession or otherwise available from Defendant, including information from Defendant's officers, employees, agents, representatives, attorneys, investigators, or consultants and information which is known by each of them. E. Where an individual request calls for a response, which involves more than one part, documents produced in response to each part of the request should be clearly designated so that it is clear to which part of the request it is responsive. F. If you cannot provide any or all of the documents requested, after exercising due diligence to do so, state your inability and provide any documents available, state reasons for your inability to provide the documents or the remainder of them (including a list of sources which were consulted for a response), and state whatever information or knowledge you have concerning the present location of the document(s) and the identity of its present custodian. G. Each documents request is considered continuing, and if the Defendant obtains information, which renders its response to one of them incomplete or inaccurate, Defendant is obligated to serve amended responses on the undersigned. H. If Defendant feels that any of the document requests are ambiguous or unclear in any way, it should notify the Commonwealth's attorney so that the item(s) may be properly clarified to production of the documents. 2 [' 46, When asked to produce, identify, attach or describe any documents, provide the following information: (a) the type of document (e.g., installments contract, letter, etc.); (b) the date the document bears; (c) the date on which it was prepared; (d) identities of the person(s) who prepared the same; (e) the identity of each signatory thereto; (f) the person(s) for whom the document was prepared, and each recipient; (g) the title of the documents, or some other means of identifying it; (h) its present location and the identity of its present custodian; and (i) if the original document has been destroyed, the date and reason for or circumstances under which it was destroyed. J. If any document which is required to be produced or identified is claimed to be privileged or to constitute work product or to be otherwise confidential, state the grounds upon which such privilege, work product or confidentiality is being asserted, and include a brief description of the document, identifying its author and persons receiving copies thereof. REQUEST FOR PRODUCTION 1. Produce each and every document which is referred to, identified in or otherwise responsive to any of Defendant's Responses to Plaintiff s First Set of Interrogatories. 2. Produce proof of current registration within the Commonwealth of Pennsylvania pursuant to the Business Corporation law (15 Pa. C.S.A. § 1308) or the Fictitious names Act (54 Pa. C.S.A. §§ 301-332), whichever is appropriate for Defendant. 3. Produce copies of any and all licenses, certificates, or sales tax authorizations held by Defendant. 4. Produce copies of bank statements from January 2006 through the present for the accounts identified in response to Interrogatory No. 15 of Plaintiff's First set of Interrogatories. 5. Produce complete copies of all contracts and agreements between Defendant and residential customers in Pennsylvania entered into between January 1, 2006 and the present including any and all files or related documents. 6. Produce representative copies of all Defendant's business forms including estimates, proposals, contracts, receipts, warranties, notice of cancellation, etc. utilized at any time from January 1, 2006 to the present. 3 if J• 4 7. Produce copies of any and all documents, communications and correspondence concerning warranty issues, unfinished work or complaints regarding home improvement work for consumers' homes from January 1, 2006 to the present. 8. Produce copies of Defendant's income tax returns for January 2006 through the present. 9. Produce copies of proof of insurance for the period January 2006 to present. 10. Produce any and all documents or exhibits which you intend to offer as exhibits and/or evidence in this action. 11. Produce all documents and correspondence listing assets of the Defendant. 12. Produce copies of Defendant's document retention policy. Respectfully submitted, LINDA L. KELLY Attorney General Date: _I ufV- . Z, 2,011 By: Kathryn H. S ox Deputy Attorney General Attorney ID. No. 81735 Office of Attorney General Bureau of Consumer Protection Harrisburg, Pennsylvania 17120 (717) 787-7109 4 of #? % COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY THOMAS W. CORBETT, JR. : OF CUMBERLAND COUNTY, ATTORNEY GENERAL, : PENNSYLVANIA Plaintiff, V. , CIVIL ACTION JAMES RYAN WARD d/b/a hNDY-RIDOE-CONST-RUCTION -- -- - --- -- No.-08 35-32-Ci-vi1-Term-----_- ----- 590 BALTIMORE PIKE Mount Holly Springs, Pennsylvania 17065 Defendant CERTIFICATE OF SERVICE I hereby certify that I have on this day serviced a true and correct copy of the foregoing Request for the Production of the Plaintiff Commonwealth of Pennsylvania Directed to Defendant James Ryan Ward d/b/a Windy Ridge Construction upon the following person(s) via U.S. First Class Mail: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Office of Attorney General Bureau of Consumer Protection 15'?' Floor, Strawberry Square Harrisburg, Pennsylvania 17120 (717) 787-7109 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY THOMAS W. CORBETT, JR. : OF CUMBERLAND COUNTY, ATTORNEY GENERAL, : PENNSYLVANIA Plaintiff, V. CIVIL ACTION JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION No. 08-3532 Civil Term 590 BALTIMORE PIKE Mount Holly Springs, Pennsylvania 17065 Defendant VERIFICATION I verify that the statements made in Plaintiff s Motion to Compel Answers to Interrogatories and Request for Production of Documents are true and correct to the best of my knowledge, information and belief. I make this oath or affirmation subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. -7 Date C -- K"', , l'(- Kathryn H. Sik9k Deputy Attorney General Attorney I.D. No. 81735 Office of Attorney General Bureau of Consumer Protection 15th Floor, Strawberry Square Harrisburg, Pennsylvania 17120 (717) 787-7109 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY THOMAS W. CORBETT, JR. : OF CUMBERLAND COUNTY, ATTORNEY GENERAL, : PENNSYLVANIA Plaintiff, V. ? N cz) CIVIL ACTION -" JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION No. 08-3532 Civil Term czar- N 590 BALTIMORE PIKE z' Mount Holly Springs, Pennsylvania 17065 n ° a• • 5:c w Defendant Z ORDER z M - r- C:) --i o x-n ca -n ..,;a w4, s AND NOW, this day of _ SJ t y , 2011, upon consideration of Plaintiff's Motion to Compel Answers to Interrogatories and Request for Production of Documents, and any responses thereto, Plaintiff s Motion is granted. IT IS ORDERED that Defendant is directed to provide full and complete responses to Plaintiff's Interrogatories and Request for Production of Documents within twenty (20) days or be subject to appropriate sanctions upon further application to this Court. BY THE COURT: Distribution: , ? Karl E. Rominger, Esquire r / 155 South Hanover Street ?k t \? J. d,ll?C? Rominger & Associates 000 Ma Carlisle, PA 17013 710111 ? Kathryn H. Silcox, DAG Office of Attorney General 15th Floor, Strawberry Square Harrisburg, PA 17120 v caywprzslo.(olkk c P->°arsi0 vs Case No. 'Q4 -e <cnsd1-dr\ STATEMENT OF INTENTION TO PROCEED • CD . r mrn (f)r-7 _ co Cc:; c-,` To the Court: r 0\6\ 6.(\ -U A' 6 () ( intends to proceed with the above captioned matrter. Print Name i/V\ Date: q(67 ) �1 41-1—U\vhf Sign Name /7AalZt��2 °cP. A-46c6-0/ZeA6.1 Attorney for P4 �'� IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a statusconference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed. COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF BY ATTORNEY GENERAL : CUMBERLAND COUNTY, PENNSYLVANIA THOMAS W. CORBETT, JR., . Plaintiff : CIVIL ACTION - EQUITY c V. 08-3532rri rri JAMES RYAN WARD d/b/a WINDY .<< xF RIDGE CONSTRUCTION < , 590 BALTIMORE PIKE ? MOUNT HOLLY SPRINGS, PA 17065, y- `, Defendant ra CONSENT PETITION FOR FINAL DECREE AND NOW, comes the Commonwealth of Pennsylvania, by Attorney General Kathleen G. Kane, the successor to Thomas W. Corbett, Jr., through the Bureau of Consumer Protection (hereinafter the "Commonwealth" or "Plaintiff'), which filed a Complaint pursuant to Section 201-4 of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq. (hereinafter the "Consumer Protection Law"), to restrain by permanent injunction alleged unfair methods of competition or unfair or deceptive acts or practices in the conduct of any trade or commerce, as more fully set forth in the Complaint filed in this matter on June 11, 2008 (hereinafter the "Complaint"), the allegations of which are incorporated herein, and the Commonwealth states the following: WHEREAS, the Plaintiff is the Commonwealth of Pennsylvania, by Attorney General Kathleen G. Kane, through the Bureau of Consumer Protection, with offices located at 15th Floor, Strawberry Square, Harrisburg, Pennsylvania, 17120. WHEREAS, Defendant James Ryan Ward (hereinafter "Ward" or "Defendant") is an adult individual, residing at 590 Baltimore Pike, Mount Holly Spring, Cumberland County, Pennsylvania 17065. WHEREAS, Defendant Ward engaged in trade and commerce within the 1 Commonwealth of Pennsylvania as the owner and operator of a home improvement and repair business, under the fictitious name "Windy Ridge Construction", which maintained a principal place of business from his residence located at 590 Baltimore Pike, Mount Holly Spring, Cumberland County, Pennsylvania 17065. WHEREAS, the Commonwealth's Complaint alleged that Defendant engaged in conduct in violation of the Consumer Protection Law as set forth therein, including but not limited to, engaging in the following acts and practices: 1. Accepting down payments on the total contract price, or payment -in -full in .. advance, for Defendant's home improvement and repair services but failing to commence the services or deliver the goods and services contracted for; 2. Failing to complete or provide the services and materials contracted for; 3. When the services were provided, completing the repairs and improvements in an unsatisfactory, shoddy manner, which included damaging other existing property; and 4. Failing to include a statement of the consumers' right to cancel the contract and a Notice of Cancellation as required by Section 201-7 of the Consumer Protection Law. WHEREAS, the aforesaid alleged conduct constitutes unfair methods of competition and unfair and/or deceptive acts or practices in the conduct of trade or commerce under Section 201- 3 of the Consumer Protection Law, 73 P.S. § 201-3, in violation of the Consumer Protection Law, including without limitation, the following: 1 Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have, in violation of Section 201-2(4)(v), 73 P.S. § 201-2(4)(v); 2. Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another, in violation of Section 201-2(4)(vii) of the Consumer Protection Law, 73 P.S. § 201-2(4)(vii); 3. Making repairs, improvements or replacements on tangible, real or personal 2 property, of a nature or quality inferior to or below the standard of that agreed to in writing, in violation of Section 201-2(4)(xvi) of the Consumer Protection Law, 73 P.S. § 201-2(4)(xvi); and 4. Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, in violation of Section 201-2(4)(xxi), 73 P.S. § 201-2(4)(xxi). WHEREAS, Defendant has not engaged in trade and commerce within the Commonwealth of Pennsylvania as the owner and operator of a home improvement and repair business since 2008. WHEREAS, Pennsylvania consumers have allegedly suffered losses as the result of Defendant's business practices and have not been given any monetary relief by the Defendant. WHEREAS, Defendant desires to settle this matter and comply with the laws of the Commonwealth and the provisions of this Consent Petition for Final Decree (hereinafter "Consent Petition") and has executed it with the intent that, upon approval by the Court, its provisions shall constitute the substance of the Final Decree, Judgment or Order of the Court in the within captioned matter; and, he agrees to be bound by any and all obligations, liabilities, responsibilities and encumbrances, as set forth in this Consent Petition. WHEREAS, the Commonwealth and the Defendant are agreeable to entering into this Consent Petition in lieu of proceeding to trial in this matter; SETTLEMENT TERMS NOW THEREFORE, the Defendant agree for himself, his heirs, successors in interest, assigns, agents, employees or other persons acting on his behalf through any corporate or other business device, as follows: I. The Recitals are incorporated herein and made part hereof. IL Injunctive and Affirmative Relief 3 Defendant shall comply with any and all provisions of the Consumer Protection Law, including any amendment thereto, and is permanently enjoined from any violation thereof including, but not limited to, Section 201-2(4)(v), (vii), (xvi), and (xxi) and Section 201-7 of the Consumer Protection Law, and any amendments thereto. 73 P.S. §§ 201-2(4)(v), (vii), (xvi) and (xxi) and 201-7. III. Monetary Relief A. Required Payment: Defendant shall pay, to the Commonwealth of Pennsylvania, Office of Attorney General, consumer restitution in the amount of Seven Thousand One Hundred Sixty-five and 00/100 Dollars ($7,165.00), to be distributed to the following consumers who have allegedly suffered losses as the result of Defendant's business practices and have not been given any monetary relief by the Defendant: 1. Albert J. Wenger $ 2, 000.00 2. Gary Drayer $ 5, 165.00 Total Restitution: $ 7, 165.00 B. Payment terms: 1. Payments by Defendant shall be made by certified check, cashier's check, attorney's check or money order, made payable to the Commonwealth of Pennsylvania, Office of Attorney General, and forwarded to the Pennsylvania Office of Attorney General, Bureau of Consumer Protection, 15th Floor, Strawberry Square, Harrisburg, Pennsylvania 17120. 2. Defendant shall make an initial payment of Four Hundred and 00/100 Dollars ($400.00) at the time of signing this Consent Petition. 3. Defendant shall make subsequent payments of Four Hundred and 00/100 Dollars ($400.00) per month. 4 a. Payments shall be due no later than the first calendar day of each month, with the second payment due on or before the first calendar day of the month following the month wherein the terms of the Consent Petition are approved by Order or Final Decree of the Court. b. Defendant shall continue said monthly payments until the balance of $7,165 is paid in full. c. Defendant's failure to make any two monthly payments due under this Paragraph III(B), whether or not they are consecutive, shallbe deemed a breach of the terms of this Consent Petition and subject Defendant to further legal action to address contempt of court. C. Additional Monetary Relief: In the event a court of competent jurisdiction finds, upon petition by the Commonwealth, that the Defendant has violated any of the terms of this Consent Petition, including the Monetary Relief set forth in Paragraphs III(A) and (B), above, he shall be liable to pay to the Commonwealth of Pennsylvania, Office of Attorney General, the following amounts: 1. Civil Penalties in the amount of Four Thousand and 00/100 Dollars ($4,000.00), to be allocated to the Commonwealth of Pennsylvania, Treasury Department; and 2. Costs of investigation and litigation in the amount of Four Thousand and 00/100 Dollars ($4,000.00), to be allocated to the Commonwealth of Pennsylvania, Office of Attorney General, to be placed in an interest-bearing account from which both principal and interest shall be expended for public protection and education purposes. 3. Any additional monetary sanctions or penalties awarded by the Court. IV. Miscellaneous Terms 5 A. Time shall be of the essence with regards to Defendant's obligations hereunder. B. The Effective Date of this Consent Petition shall mean the date this Court enters an Order, Judgment or Final Decree, approving its terms. C. Any failure of the Commonwealth to exercise any of its rights under this Consent Petition shall not constitute a waiver of its rights hereunder. D. Defendant agrees to execute and deliver all authorizations, documents and instruments which are necessary to carry out the terms and conditions of this Consent Petition, whether required prior to, contemporaneous with or subsequent to the Effective Date, as defined herein. E. Defendant understands and agrees that if Defendant has made any false statement in this Consent Petition, that such statement is made pursuant to and under penalty of 18 P.S. § 4904 relating to unsworn falsifications to authorities. F. This Court shall maintain jurisdiction over the subject matter of this Consent Petition and over Defendant for the purpose of enforcing this Consent Petition and the Permanent Injunction entered pursuant thereto. G. This Consent Petition may be executed in any number of counterparts and by different signatories on separate counterparts, each of which shall constitute an original counterpart hereof and all of which together shall constitute one and the same document. One or more counterparts of this Consent Petition may be delivered by facsimile or electronic transmission with the intent that it or they shall constitute an original counterpart hereof. H. This Consent Petition sets forth all of the promises, covenants, agreements, conditions and understandings between the parties, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied. 6 There are no representations, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this Consent Petition. that are not fully expressed herein or attached hereto. Each party specifically warrants ,that this Consent Petition is executed without reliance upon any statement or representation by any other party hereto, except as expressly stated herein. L Nothing contained in this Consent Petition shall be construed to waive or limit any right of action by any consumer, person or entity or by any local, state, federal or other governmental entity. J. This Consent Petition resolves any and all civil claims under the Consumer Protection Law arising from the. specific allegations in the aforementioned Complaint in Equity of the Commonwealth in the above captioned action, except for those rights expressly reserved herein by said parties to this action. K. The terms .of this Consent Petition shall not extend applicable statutes of limitations in relation to private claims against. Defendant which are beyond the scope of the Plaintiff's Complaint. L. The Commonwealth and the Defendant hereby stipulate that the Order of Court to be issued pursuant to this Consent Petition for Final Decree, or the Court's approval of it, shall be the final judgment and decree in this matter and shall be a permanent injunction issued under Section 201-4 of the Consumer Protection Law. Any violation of this Consent Petition or the Order of Court accompanying it shall be sufficient warrant for the Commonwealth of Pennsylvania to petition this Court, or any court of competent jurisdiction, to assess the penalties provided for under Sections 201-8, 201-9, and 201-9.1 of the Consumer Protection Law, 73 P.S. §§ 201-8, 201-9 and 201-9.1, and to order any other equitable relief which the Court deems 7 WHEREBY, the undersigned hereby consent to the terms of the foregoing Consent Petition to this Honorable Court for the making and entry of an Order. FOR THE PLAINTIFF: COMMONWEALTH OF PENNSYLVANIA KATHLEEN G. KANE ATTORNEY GENERAL Date: r D/3 ! l -I BY: r le414/1 Margarita Tulman Deputy Attorney General PA Attorney I.D. No. 313514 Office of Attorney General Bureau of Consumer Protection 21 South 12th Street, 2nd Floor Philadelphia, Pennsylvania 19107 215.560.2446 Date: t Z � 1(y FOR THE DEFENDANT: Bv: Date: l l By: ames Ryan Ward Individually and d/b/a Windy Ridge Construction 590 Baltimore Pike Mount Holly Springs, Pennsylvania 17065 ark F. Bayley, Es. ire Counsel for Defe 'ant PA Attorney I.D. No. 87663 BAYLEY & MANGAN LAW OFFICE 17 West South Street Carlisle, Pennsylvania 17013 717.241.2446 9 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF BY ATTORNEY GENERAL : CUMBERLAND COUNTY, PENNSYLVANIA THOMAS W. CORBETT, JR., Plaintiff : CIVIL ACTION - EQUITY v : 08-3532 JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE MOUNT HOLLY SPRINGS, PA 17065, Defendant CERTIFICATE OF SERVICE I, Margarita Tulman, Deputy Attorney General, do hereby certify that a true and correct copy of the foregoing Consent Petition for Final Decree and proposed order was served upon the following via first class mail, postage prepaid, on the date noted below: Mark F. Bayley, Esquire Bayley & Mangan Law Office 17 West South Street Carlisle, Pennsylvania 17013 Counsel for Defendant Date: / 03/46)0y/ BY: Margarita Tulman Deputy Attorney General PA Attorney I.D. No. 313514 Office of Attorney General Bureau of Consumer Protection 21 South 12th Street, 2nd Floor Philadelphia, Pennsylvania 19107 215.560.2446 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF BY ATTORNEY GENERAL : CUMBERLAND COUNTY, PENNSYLVANIA THOMAS W. CORBETT, JR., Plaintiff : CIVIL ACTION - EQUITY v. : 08-3532 JAMES RYAN WARD d/b/a WINDY RIDGE CONSTRUCTION 590 BALTIMORE PIKE MOUNT HOLLY SPRINGS, PA 17065, Defendant ORDER AND NOW, to wit, this 171�day of peC.eM SOLr , 2014, this Honorable Court hereby Orders that the Defendant shall comply with all terms and conditions of the Consent Petition for Final Decree in the above -captioned matter, the terms of which are adopted and incorporated herein. This Order, accompanying the Consent Petition for Final Decree, shall be the final judgment and decree in this matter as to the Defendant. BY THE COURT: Judge DISTRIBUTION: \\I\ v‘L4( .lMargarita Tulman, Esquire, Bureau of Consumer Protection, 21 South 12th Street, 2nd Floor, Philadelphia, Pennsylvania 19107 ,../' lark F. Bayley, Esquire, Bayley & Mangan Law Office, 17 West South Street, Carlisle, Pennsylvania 17013 BS' /l /al!7k