JOHN J. HOFFMAN ACTING ATTORNEY GENERAL OF NEW JERSEY Division of Law 124 Halsey Street 5?31 Floor PO. Box 45029 Newark, New Jersey 07101 Attorney for Plaintiffs By: David M. Reap (025632012) Deputy Attorney General (973) 648?4548 JOHN J. HOFFMAN, Acting Attorney General of the State of New Jersey, and STEVE C. LEE, Acting Director of the New Jersey Division of Consumer Affairs, Plaintiffs, V. JLT MILLWORKS INC. LUMBER JANE MILLWORKS LUMBER JANE WIDE PLANK FLOORING LUMBER JANE RECLAIMED BARN BEAMS LUMBER JANE RUSTIC MANTELS LUMBER JANE ANTIQUE BARN SIDING, JANICE TUPPER individually and as officer, director, shareholder, founder, owner, agent, servant and/or employee of JLT MILLWORKS INC. LUMBER JANE MILLWORKS LUMBER JANE WIDE PLANK FLOORING LUMBER JANE RECLAIMED BARN BEAMS LUMBER JANE RUSTIC MANTELS LUMBER JANE ANTIQUE BARN SIDING, JANE AND JOHN DOES l-20, individually and as officers, directors, shareholders, founders, owners, managers, agents, servants, employees, representatives, sales representatives and/or independent contractors of JLT MILLWORKS INC. LUMBER JANE MILLWORKS LUMBER JANE PLANK FLOORING LUMBER RECLAIMED BARN BEAMS LUMBER JANE RUSTIC MANTELS LUMBER JANE ANTIQUE i BARN SIDING, and XYZ CORPORATIONS 1?20, Defendants. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MORRIS COUNTY DOCKET NO. Civil Action FINAL JUDGMENT BY DEFAULT AND ORDER THIS MATTER was Opened to the Court on the application of plaintiffs John J. Hoffman, Acting Attorney General of the State of New Jersey (?Attorney General?), and Steve C. Lee, Acting Director of the New Jersey Division of Consumer Affairs (?Director?) (collectively, (by David M. Reap, Deputy Attorney General, appearing), by way of a Complaint filed on November 22, 2013, alleging that JLT Millworks d/b/a Lumber Jane Millworks d/b/a Lumber Jane Wide Plank Flooring d/b/a Lumber Jane Reclaimed Barn Beams d/b/a Lumber Jane Rustic Mantels d/b/a Lumber Jane Antique Barn Siding LT Millworlcs?) and Janice Tapper (?Tupper?), individually, (collectively, cDefendants?) have, directly or through others, engaged in conduct in violation of the-New Jersey Consumer Fraud Act, ELSA 5628?1 e: s_eg. and the Regulations Governing the Delivery of Household Furniture and Furnishings, seq. (?Furniture and Furnishings Regulations?). LT Millworks and Tupper failed to file Answers. On February 12, 2014, the Court entered default against JLT Millworks and Tupper, pursuant to 4:43-1. Defendants have not moved to vacate the defaults entered against them. THIS COURT NOW FINDS THAT: A. The Court has jurisdiction over the subject matter of this action and over the named Defendants. B. Based upon the evidence submitted by Plaintiffs, including the Certi?cation of Investigator Jared O?Cone with accompanying exhibits, and the Certi?cation of Deputy Attorney General David M. Reap with accompanying exhibits, the Defendants have engaged in conduct which comprises one hundred seventeen (117) violations of the CF A and the Furniture and Furnishings Regulations with the following breakdown: Unconscionable Commercial This action was commenced on behalf of former Director Eric T. Kanefsky. Pursuant to R. 4:344, the caption has been revised to re?ect the current Acting Director. 2 Practices - fortyunine (49) violations; False Promises and/or Misrepresentations twenty-nine (29) violations; and Furniture and Furnishings Regulations thirty-nine (39) violations. . THEREFORE, It Is on this gZ day of 9M ,2014: 1. ORDERED that the acts and omissions of Defen/dants constitute unconscionable commercial practices and false promises and/or misrepresentations in violation of the CFA, 5628-2 et seq, as well as violations of the Furniture and Furnishings Regulations, N.J.A.C. etgg. . 2. IT IS FURTHER ORDERED that Defendants and their owners, of?cers, directors, shareholders, founders, managers, agents, servants, employees, representatives, 1 independent contractors, corporations, subsidiaries, af?liates, successors, assigns and ail other persons or entities directly under their control or under common control with them and all other persons or entities in active concert or participation with them are permanently enjoined from engaging in, continuing to engage in or doing any acts or practices in violation of the CFA, I 5628?1 e_t set}, and the Furniture and Furnishings Regulations, N.J.A.C. et seg. 3. IT IS FURTHER ORDERED that Tupper is permanently enjoined from managing or owning any business organization within this State and from serving as an of?cer, director, trustee, member of an executive board or similar governing body, principal, manager or stockholder owning 10% or more of the aggregate outstanding capital stock of all classes of any corporation doing business in this State, as authorized by the CFA, N.J.S.A. 5628-8. 4. IT IS FURTHER ORDERED that LT Millworks? corporate charter in the State is permanently vacated and/or annulled, as authorized by the CFA, N.J.S.A. 5628-8. 5. IT IS FURTHER ORDERED that, pursuant to the CFA, N.J.S.A. 56:8?8 Defendants, jointly and severally, shall pay to Plaintiffs consumer restitution in the total amount of 4 {37. The funds paid by Defendants pursuant to this section of the Final Judgment I by Default and Order (?Judgment and Order?) shall be used for equitable relief including, but not limited to, consumer redress and any attendant expenses for the administration of any redress fund. If Plaintiffs determine, in their sole discretion, that redress to consumers is wholly or partially impracticable, any funds not so used shall be retained by the Division of Consumer Affairs in lieu of redress. Defendants shall have no right to contest the manner of distribution chosen by Plaintiffs. Plaintiffs in their sole discretion may use a designated agent to administer consumer redress. 6. IT IS FURTHER ORDERED that, pursuant to the CPA, N.J.S.A. 5628?13, Defendants, jointly and severally, shall pay to the Division civil penalties in the total amount of $4 Mn 7. IT IS FURTHER ORDERED that, pursuant to the CPA, N.J.S.A. 5628-19, Defendants, jointly and severally, shall reimburse Plaintiffs for all attorneys? fees incurred in the prosecution of this action, in the total amount of ?9 d) 4g/? 0 8. IT IS FURTHER ORDERED that, pursuant to the CFA, Ilia/i 56:8-11, Defendants, jointly and severally, shall reimburse Plaintiffs for their investigative costs, in the total amount of 4/9/97 9. IT IS FURTHER ORDERED that nothing contained in this Judgment and Order, including the Court?s determinations herein, shall bind or affect the rights of any persons not a party hereto, or preclude actions against any unnamed parties. 10. IT IS FURTHER ORDERED that nothing contained in this Judgment and Order shall bind or affect any position which any party may take in future or unrelated actions. 11. IT IS FURTHER ORDERED that this Judgment and Order may be enforced only by Plaintiffs or Defendants or their successors hereto. 12. IT IS FURTHER ORDERED that this Court retains jurisdiction for the purpose of enabling Plaintiffs or Defendants to apply to this Court for any such further orders and directions as may be necessary and appropriate for the enforcement of, or compliance with, this Judgment and Order. HON. STEPHAN (ST 2(111 accordance with the required statement of 1; this motion was opposed unopposed. Cm 0/ 126/ butt 6 log-IN J. ATTORNEY GENERAL. OF THE STATE OF NEW JERSEY, et ai. v. 1LT MILLOWORKS. etc.? et als. Docket No. STATEMENT 6F REASQNS This is an action brought by the Attorney General alleging 117 violations of the New Jersey Consumer Fraud Act, N.J.S.A. 56:81, et seq. Defendants filed no Answer, nor have they responded to this motion. Judgment is entered as requested as all of the facts are not disputed. No proof hearing is required as permitted by Defendants? conduct is the kind of egregious behavior the Consumer Fraud Act was intended to stop. Janice Tupper, the President and ?face" of the various defendants received money in exchange for promises to deliver various wood products. In most cases, she never produced what was promised. There were technical violations of the Furniture and Furnishing Regulations, N.J.A.C. This matter is not a case of technical violations of rules, such as delivery dates. This cases involves the most egregious type of consumer fraud?taking money from customers; not providing the material and refusing to refund deposits. Many of the complainants suffered great inconvenience in construction projects. Projects were delayed and unnecessary expense incurred as a result waiting for flooring which never arrived. This matter calls out for the maximum penalty of $10,000 for each of the 117 violations. Her personal involvement in these violations also calls out for her personal liability. See Hvland v. Aduarian Age 2000. Inc., 148' NJ. Super. 186 (Ch. Div. 1977). She cannot hide behind a corporate shield. She and she alone perpetrated these frauds upon innocent customers who relied upon her initial promise and then continued lies about deliveries which never took place. See N.J.S.A. 56:8-8. Counsel fees and costs are deemed reasonable as well as investigation fees. Restitution is properly documented and is granted. The injunctive relief is very appropriate and is, therefore, granted. M5777 05w c.