11:39 CASE PROCESSING PAGE 82/16 -r CHRISTOPHER S. PORRINO ATTORNEY GENERAL os NEW JERSEY mam? Division oi Law 124 Halsey Street s??Floor 45029 Newark, New Jersey 07101 Attorney for Plainti?fs By: Cathleen O'Donnell (002311999) Deputy Attorney General (973) 643-4302 SUPERIOR COURT OF NEW CHANCERY DIVISION, Data's akin DOCKET NO. ocm?c?131?16 ?ars'ropssa s. PORRINO, Attorney General of the State of New Jersey, and STEVE C. LEE, Director of the New Jersey DiViSion of Consumer Affairs, . Civil Plaintiffs, - F1NAL as To comsreucmm mu. RAYNE MANAGE EN 931w: crs, 3 SERVICES, LLC, ET as, some . LLC, ~97.Ff*. met-Fran! A. u? Defendants. -, THIS MATTER was seemed to the Court on the n-vlic??ion of plaintiffs Christopher S. Porrino, Attorney General ?i an; State of New Jersey (?Attorney General"), and Steve C. mgxector 'of the New Jersey Division Of Consumer Affairs (collectively, ?Plainti?fs?), (by Cathleen Attorney General, appearing), by way of a Complaint filed on August 3, 2016,, alleging that Kayne Construction ?a?@?ement Services, LLC (?Kayne Construction?), Colmyer an?i Sons Construction, LLC (?Colmyer and Sons?), Tiffany .Ar ?Cwmino, 2 ?3/7/2817 11:39 ?32"288-7768 CASE PROCESSING PAGE [3le individually and t/a J. Colmyer Sons Cimino?) and agfirey Colmyer Colmyer?) in his individual capacity if ?Defendants") have, directly or through others, in conduct in violation of the New Jersey Consumer (Fraud? Act, N.J.S.A. 56:6?1 BE seg. the Contractors? Act, N.J.S.A.V 5628?136 5:23., the Regulations-Wing Contractor Registration, N.J.A.C. 55 Egg; (?Contractor Registration Regulations?), the gul?t?one Governing Home Elevation, N.J.A.C.I at" . i??ome Elevation Regulations?), the Regulations Governing ?ome Improvement Practices, N.J.A.C. 13:45Am16.1 e3 K?Eome Improvement Regulations") and the Regulations Gove G??eral Advertising, N.J.A.C. at Kayne ?rv?tion, Colmyer and Sons, T. Cimino and J. Colmyer fail? to? file . On.??ovember 22, 2017, the Court entered. default? agiinst Rayne Construction, Colmyer and Sons, T. Cimino and J. Claimer, pursuant to 4:43?1. Defendants have not moved to vaca?e?the defaults entered against them, THIS COURT NOW FINDS THAT: A. The Court has jurisdiction. over the subject wreath of this action and over the named Defendants. Based upon the evidence submitted by Plaintiffs, the Certification of Investigator Brittany_Kieran With 35;??pa? 2. 631?57/281? 11: 3?3 732-288-7758 CQSE PROCESSING W- PAGE 94/19 nying exhibits, and the Certification of Deputy Attorney G??eral Cathleen O'Donnell with accompanying exhibits, the have engaged in conduct which comprises seven hundred 'fift?h-Iiive (755} violations of the CFA, the Contractors? Registratio?i ?Ixct, the Contractor Registration Regulations, the ulations, the?I-Iome Improvement Regulations and the Msing Regulations with the following breakdown: MWiE?aable Commercial Practices (N.J.S.A. 56:8?2) - two hundm Mnty (220) violations total (J, Colmyer, Cimino and newton- struction one hundred sixty-two (162), J. Colmyer, T. Gigi-:30 and (Colmyer and Sons (13) False Promim misrepresentations (N.J.S.A.I 56:8-2) fifty?six (56} vi?itions total (J. Colmyer, T. Cimino and Kayne Construction tartyi J. Colmyer, TI. Cimino and Colmyer and Sons sixteen (1635?: one Contractors? Registration Act (N.J.S.A. 56:8?136 513' hundred fifty?three (153) violations total (J. Col r, fr. Ci? mino, and Rayne Construction seventy-two J. Com, Cimino and Colmyer and Sons Goanactdt'Reg" istration Regulations, e_t one hundred thirty-one (133.) violations total (J. Colmyex; T. immino and Kayne Construction, thirty?eight (38) J. and Colmyer and Sons ninety-three Home Elevatid'n EReg- ulations (N.J.A.C. mt?if-ihree (73)violations total(J. Colmyer, T. Cimino and Reyna: Witne- 3 11:39 732"288??768 CASE PROCESSING PAGE 65/18 tion, thirty?seven (37). J. Colmyer, Cimino and {bow and Sons thirty?six (36) Home Improvement Regulations (N.J.A.C. e_t gig.) - one hundred ten {10} vialstions total (J. Colmyer, T. Cimino and Rayne Construction, J. Colmyer, T. Cimino and Colmyer and Sons fifty Ad- vertising Regnlations (N.J.A.C. {twelve (12) violations total (J. Colmyer, T. Cimino and Rayn? Wurs? tion, six J- Colmyer, T. Cimino and and six 1'71?3 THEREFORE. IT IS on this 201.7: l. ORDERED that the acts of unconscionable commercial practices promises and/or misrepresentations in violation 0 N.J.S.A. 56:8-1 u? as well as violatims OE the Contractors' Registration Act, N.J.S.A. She-"136 g5 33:, the Contractor Registration Regulations, N.J.A.C. g5 sick, the Home Elevation Regulations, 13 :45A?17?i1 g1; sag? the Home Improvement Regulations, N.J.A.C. at II seg. and the Advertising Regulations, N.J.A.C. gt 353g. 2. IT IS FURTHER ORDERED that J. Colmyer is liable for the violations of the CFA, the amtm?tors? Registration Act, the Contractor Registration Regulatim?g the 4 83/87/2817 11:39 732-288-?768 CASE PRUCESSING PAGE Home Elevation Regulations, the Home Improvement Regullatio?s and the Advertising Regulations committed by Rayne Constamctionland Colmyer and Sons. 3. IT IS FURTHER. ORDERED that T. Cimino is pers$ually liable for the violations of the CFA, the Contratsztors? Registration Act, the Contractor Registration Regulations, the Home Elevation Regulations, the Home Improvement Regulatiodm and the Advertising Regulations committed by Rayne Constructian and Colmyer and Sons. 4. IT IS FURTHER ORDERED that the Defendants: owners, o?ficere, directors, shareholders, founders, Mrs, managers agents servant employees representatiVes independent contractors and all other persons entities directly under their control, are- permanently en oil-Jedi from engaging in, . continuing to engage in, or doing a?ts or practices in violation of the CPA, N.J.S.A. 56:8?1 as well as the Contractors? Registration Act, N.J.S.A. 56:3-1315 22 the Contractor. Registration Regulations, mg 17.1 gt the Home Elevation Regulations, ES, 933;, the Home Improvement Regulations, e_t_ and the Advertising Regulationb, imam-9.1 5. IT Is FURTHER ORDERED that, pursuant as the: CFA, N.J.S.A. . 56:8-8, the Defendants are permanently enjoine? from 11:39 732-288-7758 PROCESSING PAGE Eff/16 owning, operating or otherwise managing any business or War entity in the State, whether registered with the Di?srieidnior not, that advertises, offers for sale, sells and/'01: performs home improvements, .home elevations services, and new home construction (?Construction Services?) within the State. 6. IT If; FURTHER ORDERED that, pursuant to the WA, N.J.S.A. 56:8?8, the Defendants are permanently enjeinedi?tom the advertisement, offer for sale, sale and perfW' of Construction Seruioes within the State. I 7. IT :5 FURTHER ORDERED that, .pureuant to the; CPA, N.J.S.A. 56:8-8, the Certificates of Formation in the iBtate Reyna Construction and Colmyer and Sons are i canceled. a. IT IS FURTHER ORDERED that, pursuant to the? era, N.J.S.A. 56:8?8, the Home Improvement Contractor, Home mediation Contractor and New Home Builder registrations 19311255 to Defendants are permanently revoked. a: 9. IT IS FURI-ITER ORDERED that, pursuant to the N.J.S.-A. 56:8-8, De?endants, jointly and severally, shall to Plaintif?s consumer restitution in the ?total murmur: of $695,402.53 as follows: J. Colmyer, T. Cimino and iff?yne Construction - $361,222.98; J. Colmyer, T. Cimino and @Myer and 'Sons - $334,179.55. The funds paid by Defendants Want to this section of the Final Judgment by Default and Egmder 6 .. - I am?, @3/87/2'17 11:39 732-288-7768 CASE PROCESSING PAGE 88/18 - ?I-ui?f . ,Iv gm g! (?Judgment and Order") shall be used for equitable ?elief . including, but not limited to, ConSumer redres and any attendant expenses for the administration of any 1' saff?nd. If Plaintiffs determine, in their sole discretion, t'r?azess to consumers is wholly or partially impracticable, any not so used shall be retained by the Division of Consumer Affa?k? in lieu of redress. Defendants shall have-no right to denied: the manner of distribution chosen by' Plaintiffs. Plaintif?s. in their sole discretion may use a designated agent to adnddi?ter tongumer redress. . 10. IT IS FURTHER ORDERED that,? pursuant to the (FA, 3 N.J.S.A, 56:8?8, Defendants, jointly and severally, ?hall disgorge to the New Jersey Department (of Communit?? setters, Reconstruction, Rehabilitation, Elevation and Mitigation Pr?gram funds unlawfully vauirad or retained, in the total of $655,243.15 as follows: $355,428.32 as to J. Colmyer, dining and Rayne and $299,8l4.83 as to J. ?lms, T. Cimino and Colmyer and Sons. 11. IT :5 FURTHER ORDERED that, pursuant to the icFA, i N.J.S.A. 56:8-13, Defendants, jointly and severally,-aha1? pay to the Division civil penalties in the total of $7,550,000.00 as follows: $4,150,000.00 as to J. T. Cimino and Kayne Construction and $3,400,000.00 J. Colmyer, T. Cimino and Colmyer and Sons. 93/57/2617 11: 39 732"288"7768 CASE PROCESSING PAGE 69/16 i2. IT IS FURTHER that, pursuant tr their CPA, N.J.S.A. 56:8?19, Defendants, jointly and severally, f?hall reimburse Plaintiffs for' all attorneys' fees incurrad::@m the prosecution of this action, in the total amount of $71,131.! 13.. IT IS FURTHER ORDERED that,? pursuant ea tug; CFA. N.J.S.A. 56:8:11, Defendants,? jointly and sevez?lly,?iuhall reimburse Plaintiffs for their investigative costs, theitotal amount of $13,335.e6. 1e- IT IS FURTHER ORDERED that nothing cont i; this Judgnent and Order, including the Court?s determine ans ??rein, shall jbind or affect the rights of any persons aigyarty hereto, or preclude actions against any unnamed parties. is. IT IS FURTHER ORDERED that nothing canteens; this Judgment and Order shall bind or effect any positihn uh??h any party may take in future or unrelated actions. 16. IT IS FURTHER ORDERED that this Judgment may be enforced only by Plaintiffs or Defendants or their suceassore hereto. IT IS FURTHER ORDERED that this Cb?xt ?Etains jurisdiction for the purpose of enabling Plaintif?s or Defendants to apply to this Court for any such furtherw?rders and directions as may be necessary and appropr .te ?ee the enforcement of, or compliance with, this Judgment 'Ord?k. 83f87/2517 11:39 732-288-7768 CASE PROCESSING PAGE 16/18 Ina FRANCIS R. HODGSON, 03., In accordance with the required statement of lzs?z?h?, this moticn was opposed unoppcased.