IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA es _ Nod I ISF Plaintiff, ; CIVIL ACTION . i WILSON CONSTRUCTION : ASSOCIATES, LLC : and CHRISTOPER G. WILSON, individually and as Owner and President of WILSON CONSTRUCTION ASSOCIATES, LLC Defendants. : NOTICE 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 attomey 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 OFFICES 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. Lawyer Referral Service of ‘The Cumberland County Bar Association 32 S, Bedford Street Carlisle, Pennsylvania ‘Telephone: (717) 249-3166IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : : Case No. CIVIL ACTION v WILSON CONSTRUCTION ASSOCIATES, LLC and CHRISTOPER G. WILSON, individually and as Owner and President of WILSON CONSTRUCTION ASSOCIATES, LLC Defendants. COMPLAINT AND NOW, comes the Commonwealth of Pennsylvania, Office of Attorney General, through the Bureau of Consumer Protection (hereinafter “Commonwealth” or “Plaintiff”), and brings this action pursuant to the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, ef seq. (hereinafter “Consumer Protection Law”), to restrain unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce declared unlawful by Section 201-3 of the Consumer Protection Law. The Consumer Protection Law authorizes the Attorney General to bring an action in the name of the Commonwealth of Pennsylvania, to restrain by temporary and/or permanent injunction, unfair or deceptive acts or practices in the conduct of any trade or commerce declared unlawful by Section 201-3 of the Consumer Protection Law.‘The Commonwealth believes that citizens of the Commonwealth are suffering and will continue to suffer harm unless the acts and practices complained of herein are permanently enjoined, The Commonwealth believes that the public interest is served by seeking before this Court a permanent injunction to restrain the methods, acts and practices described herein, as well as seeking restitution for consumers and civil penalties for violation of the law. In addition, the Commonwealth seeks the costs of pursuing this enforcement action. In support of this action the Commonwealth respectfully represents the following: JURISDICTION & VENUE 1. This Court has jurisdiction over this action pursuant to 42 Pa.C.S.A. § 931 2, Venue is vested in this Honorable Court by virtue of Pa.R.C.P. 1006 as itis an action brought against the Defendant in the county in which a transaction or occurrence took place out of which the cause of action arose. PARTIES 3. Plaintiff is the Commonwealth of Pennsylvania, by First Deputy Attorney General Bruce R, Beemer, through the Bureau of Consumer Protection, with offices located at 15" Floor, Strawberry Square, Harrisburg, Dauphin County, Pennsylvania 17120. 4, Defendant Wilson Construction Associates, LLC (hereinafter “Wilson Construction” or, collectively with the other defendant, “Defendants” is a Pennsylvania limited liability company with an address listed with the Pennsylvania Department of State as 1600 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 5. Defendant Christopher G. Wilson (hereinafter “Wilson” or, collectively with ‘Wilson Construction, “Defendants"), is an adult individual who currently resides at 10Thoroughbred Drive, York Haven, York County, Pennsylvania 17370, and who is the owner and president of Wilson Construction, BACKGROUND 6. Defendants Wilson and Wilson Construction engaged in trade or commerce in the Commonwealth of Pennsylvania by marketing, advertising, promoting, selling and providing home improvements to Pennsylvania consumers 7, Wilson Construction registered as a limited liability company with the Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations, on June 17, 2013, 8. On August 7, 2013, Defendant Wilson applied to the Office of Attomey General, Bureau of Consumer Protection (hereinafter “Bureau”), to register Wilson Construction as a home improvement contractor pursuant to the Pennsylvania Home Improvement Consumer Protection Act, 73 P.S. § 517.1, et seg. (hereinafter “HICPA”), and was assigned Registration ‘Number PA102652, 9. On the August 7, 2013 application for registration under HICPA, Christopher G. Wilson indicated he was the president and sole shareholder of Wilson Construction. 10, On February 17, 2015, Defendant Wilson formally requested in writing to have the HICPA Registration Number for Wilson Construction cancelled. 11. Defendant Wilson indicated in his February 17, 2015 request that the business had ceased operations and cancelled its insurance as of December 28, 2014. DEFENDANTS’ BUSINESS PRACTICES12. Defendants entered into contracts with consumers for the provision of home improvement services, as defined by Section 517.2 of HICPA, 73 PS. § 517.2. 13, Defendants entered into contracts with consumers at their residences for home improvement services that exceeded a value of Twenty-Five and 00/100 Dollars ($25.00). 14, The Commonwealth has received multiple complaints regarding Defendants’ business practices. 15. On more than one occasion, Defendants contracted with consumers utilizing a contract that is not compliant with HICPA or the Consumer Protection Law. 16. Defendants contracted with Consumer 1 for an extensive outdoor remodeling project with a sales price of $35,000.00, for which the consumer paid a deposit. 17. Thereafter, Defendants requested and Consumer 1 paid Defendants additional sums of money, totaling Twenty-Seven Thousand Three Hundred Thirty-Five and 00/100 Dollars ($27,335.00) prior to obtaining approval from the township code office to begin work. 18. Defendants completed some minor excavation of Consumer 1's property, but abandoned the rest of the project. 19. Consumer 1 properly requested a refund from Defendants pursuant to Section 517.92) of HICPA, 73 PS, § 517.9(2). 20. After receiving the notice of request for a refund, Defendants refuused to refund any money. 21. — Defendants contracted with Consumer 2, who is a senior, for a kitchen and bathroom remodeling project with a sales price of $7,355.00, for which the consumer paid a total of 62% as a contract deposit.22, Defendants completed some remodeling of the consumer's kitchen and bathroom, but abandoned the project. 23, Defendants provided an additional hand-written proposal to Consumer 2 for outdoor masonry work with a sale price of $5,333.33. 24. — The hand-written proposal referenced in Paragraph 23 above was not reduced to a contract signed by Consumer 2. 25, Defendants accepted from Consumer 2 a deposit that equaled 66% of the total price of the masonry project. 26. Defendants contracted with Consumer 3, who is a senior, to raze an old garage and construct a new one on consumer’s property, with a total price of $28,019.90, for which the consumer paid a deposit of one-third. 27. Thereafter, Defendants requested and Consumer 3 paid Defendants additional sums of money totaling Fourteen Thousand Two Hundred Ninety-Six and 31/100 Dollars ($14,296.31). 28. Defendants razed Consumer 3’s old garage and performed minor excavation work, 29. Acodes enforcement inspector reported that the existing garage footer failed to ‘meet code and recommended a new footer be dug and a new concrete slab poured. 30, Defendants abandoned the project despite informing a code inspector that additional drawings and specifications would be submitted six (6) days before the company closed its doors and cancelled its liability insurance.31. Onmore than one océasion, Defendants received considerable payments from consumers, but did not complete a substantial portion of the contracted-for work and abandoned projects without justification. 32. The Commonwealth believes, and therefore avers, that there may be additional consumers who have not filed complaints with the Bureau and who have been harmed due to the methods, acts and practices of Defendants which include, but are not limited to, those alleged herein, COUNT I~ VIOLATIONS OF HICPA AND THE CONSUMER PROTECTION LAW ~ PROHIBITED ACTS 33. The preceding paragraphs are incorporated herein as though fully set forth below. 34, — Section 517.9 of HICPA prohibits certain acts and practices by home improvement contractors, including: (@) Failing to refund the amount paid for a home improvement within ten (10) days of the acceptance and execution of a return receipt for certified mail containing a written request for a refund when no substantial portion of the contracted work has been performed at the time of the request and more than forty-five days have elapsed since the starting date specified in the written contract, 73 P.S. § 517.9(2); (6) Abandoning or failing to perform, without justification, any home improvement contract or project engaged in or undertaken by the contractor, 73 P.S. § 517.9(5); (© Demanding or receiving payment for a home improvement before the home improvement contract is signed, 73 P.S. § 517.9(9); and @ Accepting a deposit in excess of one-third of the contract price when the total contract price is greater than $5,000.00, 73 P.S. § 517.9(10)(i)(A).73 P.S. §§ 517.9(2), (5), (9) and (10)(3)(A). 35. ed Section 517.9(2) by failing to refund money to Consumer 1 within ten (10) days of Consumer I’s request for a refund, which was sent via certified letter fifty-two (52) days after the start of the contract when only a minor portion of the contract had been completed, and which Defendant Wilson received as evidenced by the signature on the return receipt. 36. Defendants violated Section 517.9(5) by abandoning and, without justification, failing to perform or to complete home improvement contracts they had undertaken. 73 P.S. § 517.9(5). 37. Defendants violated Section 517.9(9) by receiving payment from Consumer 2 for a home improvement before a home improvement contract is signed. 73 P.S. § 517.9(9). 38. Defendants violated Section $17.9(10)i) by receiving a deposit in excess of one- third when the total home improvement contract price was over Five Thousand and 00/100 Dollars ($5,000.00). 73 P.S. § 517.910) 39. Section 517.10 of HICPA deems a violation of any of its provisions to be a violation of the Consumer Protection Law. 73 P.S. § 517.10. 40. The aforesaid methods, acts or practices constitute unfair methods of competition and unfair acts or practices in the conduct of trade or commerce prohibited by Section 201-3 of the Consumer Protection Law, as defined by Section 201-2(4), including, but not limited to, the following: (@ Section 201-2(4)(v), representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have orthat a person has sponsorship, approval, status, affiliation or connection that he does not hhave; and (b) Section 201-2(4)(xxi), engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, 73S. §§ 201-3, 201-2(4)(v) and (xxi). 41. ‘The Commonwealth alleges that all of the practices described above were performed willfully. Accordingly, and pursuant to Section 201-8 of the Consumer Protection Law, the Commonwealth seeks the imposition of civil penalties of One Thousand and 00/100 Dollars ($1,000.00) for each violation of the Consumer Protection Law and of HICPA, including enhanced civil penalties of Three Thousand and 00/100 Dollars ($3,000.00) for each violation involving consumer victims age sixty (60) or older, in addition to other relief sought, as appropriate. PRAYER FOR RELIEF WHEREFORE, the Commonwealth of Pennsylvania respectfully requests that this Honorable Court issue an Order: ‘A. Declaring Defendants’ conduct to be in violation of the Consumer Protection Law and HICPA; B. Permanently enjoining Defendants and all other persons acting on their behalf, directly ot indirectly, from violating the Consumer Protection Law and HICPA and any amendments thereto, including, but not limited to: 1. Failing to comply with Section $17.9(2), (5), (9) and (10)@)(A) of HICPA, 73 PS. § 517.92), (5), (9) and (10)(i)(A);2. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has sponsorship, approval, status, affiliation or connection that he does not have, as prohibited by Section 201-2(4)(¥) of the Consumer Protection Law, 73 P.S. § 201- 2(4)(v); and 3. Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, as prohibited by Seotion 201-2(4)(xi) of the Consumer Protection Law, 73 P.S. § 201-2(4)(xxi); Directing Defendants to make full restitution pursuant to Section 201-4.1 of the Consumer Protection Law to all consumers who have suffered losses as a result of the acts and practices alleged in this complaint and any other acts or practices which violate the Consumer Protection Law and HICPA; D. Directing Defendants to forfeit and pay to the Commonwealth civil penalties of One Thousand and 00/100 Dollars ($1,000.00) for each instance of a past or present violation of the Consumer Protéction Law and HICPA, and Three Thousand and 00/100 Dollars ($3,000.00) for each instance of a past or present violation of the Consumer Protection Law and HICPA. involving consumers aged sixty (60) or older as victims; . Permanently enjoining Defendants from offering, advertising and/or entering into agreements and performing home improvements, és that term is defined by Section $17.2 of HICPA, 73 PS. § 517.2; F. Permanently enjoining Defendants or any person acting on their bebalf, from making application for or otherwise obtaining a certificate of registration under HICPA;G. Requiring Defendants to pay the Commonwealth's investigative and litigation costs in this matter; and H. Granting such other general, equitable and/or further relief as the Court deems just and proper. COUNT I- VIOLATIONS OF HICPA AND THE CONSUMER PROTECTION LAW — NON-COMPLIANT CONTRACTS 42. The preceding paragraphs are incorporated herein as though fully set forth below. 43, Section 517.7 of HICPA requires home improvement contractors to utilize contracts that satisfy various requirements, including: (@) Containing the entire agreement between the owner and the contractor, including attached copies of all required notices, 73 P.S. § 517.7(2)(3) and (c); and (b) The approximate starting date and completion date, 73 P.S. § 517.7(a)(6).. 44; Section 201-7 of the Consumer Protection Law requires certain notices of a right of cancellation to be included with consumer contracts that are over twenty-five dollars ($25) and that are entered into in connection with contact made at a consumer's residence. 73 P.S. § 201-7. 45, Specifically, the consumer must receive a fully completed Notice of Cancellation form, in duplicate, which must be attached to the contract on a separate sheet and must encompass the exact language in ten-point bold face type as contained in Section 201-7(b)(2). BPS. § 201-7(0)(2). 46, Defendants violated Section 517.7(a)(3) and (c) by failing to include a required attached Notice of Cancellation for all consumers. 47, Defendants violated Section 517.7(a)(6) by using contracts that did not contain starting and completion dates for Consumer 3. ‘48. Defendants violated Section 201-7(b) by failing to include the separate Notice of Cancellation for all consumers: 49. Section $17.10 of HICPA deems a violation of any of its provisions to be a violation of the Consumer Protection Law. 73 P.S. § 517.10. 50. The aforesaid methods, acts or practices constitute unfair methods of competition and unfair acts or practices in the conduct of trade or commerce prohibited by Section 201-3 of the Consumer Protection Law, as defined by Section 201-2(4, including, but not limited to, the following: (a) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has sponsorship, approval, status, affiliation or connection that he does not have, 73 P.S. § 201-2(4)(v); and (b) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, 73 P.S. § 201-2(4)(xxi). 73 PS. §§ 201-3, and 201-2(4)(v) and (xxi). 48. The Commonwealth alleges that all of the practices described above were performed willfully, Accordingly, and pursuant to Section 201-8 of the Consumer Protection Law, the Commonwealth seeks the imposition of civil penalties of One Thousand and 00/100 _ Dollars ($1,000.00) for each violation of the Consumer Protection Law and of HICPA, including enhanced civil penalties of Three Thousand and 00/100 Dollars ($3,000.00) for each violation involving consumer vietims age sixty (60) or older, in addition to other relief sought, as appropriate. PRAYER FOR RELIEF areWHEREFORE, the Commonwealth of Pennsylvania respectfully requests that this Honorable Court issue an Order: ‘A. Declaring Defendants’ conduct to be in violation of the Consumer Protection Law and HICPA; B, Permanently enjoining Defendants and all other persons acting on his behalf, directly or indirectly, from violating the Consumer Protection Law and HICPA and any amendments thereto, including, but not limited to: 1. Failing to comply with Section 517.7 of HICPA, 73 P.S. § 517.7; 2, Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has sponsorship, approval, status, affiliation or connection that he does not have, as prohibited by Section 201-2(4)(v) of the Consumer Protection Law, 73 P.S. § 201- 2(4)(v); and 3. Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, as prohibited by Section 201-2(4)(xxi) of the Consumer Protection Law, 73 P.S. § 201-2(4)(xxi); Directing Defendants to make full restitution pursuant to Section 201-4.1 of the Consumer Protection Law to all consumers who have suffered losses as a result of the acts and practices alleged in this complaint and any other acts or practices which violate the Consumer Protection Law and HICPA; D. __ Directing Defendants to forfeit and pay to the Commonwealth civil penalties of ‘One Thousand and 00/100 Dollars ($1,000.00) for each instance of a past ar present violation of the Consumer Protection Law and HICPA, and Three Thousand and 00/100 Dollars ($3,000.00) 12for each instance of a past or present violation of the Consumer Protection Law and HICPA involving consumers aged sixty (60) or older as victims; FE. Permanently enjoining Defendants from offering, advertising and/or entering into agreements and performing home improvements, as that term is defined by Section 517.2 of HICPA, 73 P.S. § 517.2; F. _ Permanéntly enjoining Defendants or any person acting on their behalf, from making application for or otherwise obtaining a certificate of registration under HICPA; G. Requiring Defendants to pay the Commonwealth's investigative and litigation costs in this matter; and H. Granting such other general, equitable and/or further relief as the Court deems just and proper. COUNT Il — VIOLATIONS OF HICPA AND THE CONSUMER PROTECTION LAW — HOME IMPROVEMENT FRAUD 51. The preceding paragraphs are incorporated herein as though fully set forth below. 52. Section 517.8(2) of HICPA states that a person commits home improvement fraud if, with intent to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor receives any advance payment for performing home improvement services and fails to perform or provide such services. 73 P.S. § 517.82) 53, Defendants violated Section 517.8(2) by receiving a deposit from Consumer 1_and continuing to request and receive substantial sums of money when only minor work on the project was actually performed and then abandoned altogether. 54. Defendants violated Section 517.8(2) by receiving a deposit from Consumer 3 and continuing to request and receive substantial sums of money when only minor work on the project was actually performed and then abandoned altogether. 13, 55. Defendants further violated Section 517.8(2) by receiving another deposit from Consumier 3, only seventeen (17) days prior to abandoning the project, when he knew or should have known he was closing the business and cancelling liability insurance coverdge. 56, Section $17.10 of HICPA deems a violation of any of its provisions to be a violation of the Consumer Protection Law. 73 P.S. § $17.10. 57. The aforesaid methods, acts or practices constitute unfair methods of competition and unfair acts or practices in the conduct of trade or commerce prohibited by Section 201-3 of the Consumer Protection Law, as defined by Section 201-2(4), including, but not limited to, conduct, Section 201-2(4)(xxi), which prohibits engaging in any other fraudulent or decey which creates a likelihood of confusion or of misunderstanding. 73 P.S. §§ 201-3, 201-2(4)(xxi). 39. ‘The Commonwealth alleges that all of the practices described above were performed willfully. Accordingly, and pursuant to Section 201-8 of the Consumer Protection Law, the Commonwealth seeks the imposition of civil penalties of One Thousand and 00/100 Dollars ($1,000.00) for each violation of the Consumer Protection Law and of HICPA, including enhanced civil penalties of Three Thousand and 00/100 Dollars ($3,000.00) for each violation involving consumer vietims age sixty (60) or older, in addition to other relief sought, as appropriate, PRAYER FOR RELIEF WHEREFORE, the Commonwealth of Pennsylvania respectfully requests that this Honorable Court issue an Order: A. Declaring Defendants’ conduct to be in violation of the Consumer Protection Law 14B. Permanently enjoining Defendants and all other persons acting on their behalf, directly or indireetly, from violating the Consumer Protection Law and HICPA and any amendments thereto, including, but not limited 1: 1. Receiving advance payment for performing home improvement services and failing to perform, in violation of Section 517.8(2) of HICPA, 73 P.S. § 517.8(2); and re Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, as prohibited by Section 201-2(4)(xxi) of the Consumer Protection Law, 73 P.S. § 201-2(4)(xxi); C. Directing Defendants to make full restitution pursuant to Section 201-4.1 of the Consumer Protection Law to all consumers who have suffered losses as a result of the acts and practices alleged in this complaint and any other acts or practices which violate the Consumer Protection Law and HICPA; D. Directing Defendants to forfeit and pay to the Commonwealth civil penalties of One Thousand and 00/100 Dollars ($1,000.00) for each instance of a past or present violation of the Consumer Protection Law and HICPA, and Three Thousand and 00/100 Dollars ($3,000.00) for each instance of a past or present violation of the Consumer Protection Law and HICPA involving consumers aged sixty (60) or older as victims; E, Permanently enjoining Defendants from offering, advertising and/or entering into agreements and performing home improvements, as that term is defined by Section $17.2 of HICPA, 73 PS. § 517.2; F, Permanently enjoining Defendants or any person acting on their behalf, from making application for or otherwise obtaining a certificate of registration under HICPA; 15G. Requiring Defendants to pay the Commonwealth’s investigative and litigation costs in this matter; and H. Granting such other general, equitable and/or further relief as the Court deems just and proper. vate WIB/NS By: Respectfully submitted, COMMONWEALTH OF PENNSYLVANIA, BRUCE R. BEEMER FIRST DEPUTY ATTORNEY GENERAL, AWirer, Crile — ‘Allison L. Deibert Deputy Attomey General PA Attomey LD. No. 309224 Email: adeibert@attorneypeneral. gov Linda J. Williams Senior Deputy Attomey General PA Attorney LD. No. 25660 Email: [williams@attomeygeneral.gov Bureau of Consumer Protection 15" Floor, Strawberry Square Harrisburg, Pennsylvania 17120 Telephone: (717) 705-2532 Facsimile: (717) 772-3560 16IN THE COURT OF COMMON PLEAS OF COMMONWEALTH OF PENNSYLVANIA : : Case No. Plaintiff, 7 CIVIL ACTION v. WILSON CONSTRUCTION : ASSOCIATES, LLC _ and : CHRISTOPER G. WILSON, individually: and as Owner and President of WILSON CONSTRUCTION ASSOCIATES, LLC Defendants. : VERIFICATION I, Heather M, Troutman, hereby state that I am over eighteen (18) years of age and am a Consumer Protection Agent Supervisor with the Commonwealth of Pennsylvania, Office of Attomey General, Bureau of Consumer Protection, the Plaintiff in this action. I verify that I am. authorized to make this verification on behalf of the Commonwealth of Pennsylvania, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief. I understand the statements therein are made subject to the penalties of 18 Pa.C.S, § 4904, relating to unswom falsification to authorities, pee [WIS Honiton Heather M. Troutman Consumer Protection Agent