February 16, 2006

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Attorney General Corbett announces statewide crack down on home improvement fraud; files 17 lawsuits against fraudulent contractors

HARRISBURG - Attorney General Tom Corbett today announced that the Attorney General's Bureau of Consumer Protection has filed 17 lawsuits against fraudulent home improvement contractors throughout Pennsylvania in an increased effort to crack down on fraudulent contractors.

 "The contractors named in today's lawsuits are con artists who have disguised themselves as legitimate contractors in order to victimize unsuspecting homeowners," Corbett said.  "The Attorney General's Office will not tolerate this type of predatory behavior."

 Corbett said fraudulent contractors prey on unsuspecting homeowners, who believe that the work will be done in a professional and timely manner.  For most Pennsylvanians their home is their greatest financial investment, when they are ripped-off by a contractor, not only does it affect them financially, but emotionally as well.

 Corbett said in each of the lawsuits filed today, the fraudulent contractors took consumers' money for home improvements and either failed to perform any work, failed to complete the job or did the job in a shoddy and unprofessional manner.

"Last year the Bureau of Consumer Protection investigated nearly 3,100 complaints involving home improvement contractors," Corbett said.  "That's nearly 10 percent of the 40,000 consumer complaints filed with the Attorney General's office last year.  We believe there may be many more victims in Pennsylvania who simply aren't aware of their rights in dealing with a fraudulent contractor.  Clearly, more needs to be done to help consumers protect themselves before they give their money to a dead beat contractor."

 Corbett said as a way to help protect consumers from fraudulent contractors, he is supporting Senate Bill 1000, which is currently pending in the General Assembly.  The bill requires home improvement contractors to register with the Attorney General's Bureau of Consumer Protection and creates a criminal offense of home improvement fraud with penalties ranging from misdemeanors to a felony.

 Corbett urged consumers who believe they may have been a victim of home improvement fraud to contact his office at 1-800 441-2555 or by filling out an online complaint form at www.attorneygeneral.gov.

 Below is a description of each of the legal actions taken against the 17 contractors.  To review a copy of a specific lawsuit, click on the name of a defendant:

 
LEHIGH VALLEY:

Jason & Jamie Snyder / Snyder Bros. Construction / JCS Concrete - Northampton County

Corbett identified the defendants as Jason and Jamie Snyder, 1424 Newport Ave., Northampton, offering home improvement and concrete services as Snyder Bros. Construction and JCS Concrete. 

The defendants have a history of consumer complaints with the Attorney General's Bureau of Consumer Protection dating to 2002, involving a pattern of incomplete or improper work. 

Corbett said a Northampton woman paid the defendants $2,750 to replace the roof on her garage.  The defendants removed some shingles and left a pile of debris at the work site, but never completed the project.  According to the lawsuit, the defendants threatened to hurt the victim and burn down her house after she filed a civil lawsuit over the incomplete project.

In another case the defendants were paid $4,500 by a Northampton woman to install a new roof on her home and new aluminum siding on a shed, with a warranty.  Within six months the roof began leaking and several shingles blew off.  When the victim contacted the defendants about making repairs they allegedly stated that the warranty had expired, but added that they would fix the damage for $150.  The victim paid the additional money, but the defendants never returned to make the repairs.

Corbett said the defendants also advertised that they were "fully insured" and featured the insignia of the Better Business Bureau in their Yellow Pages listing.  However, there is no evidence to indicate that any of the defendants' businesses are insured and they have an unsatisfactory record of complaints with the Better Business Bureau.

The defendants are also charged with failing to provide consumers with a notice of cancellation informing them of their right to void a contract within three days and failing to register a fictitious business name with the Pennsylvania Department of State.

Michael Salavati / American Dream Home Improvements, Inc / Guardian Windows and Siding, Inc. - Northampton County

Corbett identified the defendant as Michael Salavati, 556 City View Drive, Nazareth, doing business as American Dream Home Improvement Inc. and Guardian Windows and Siding, Inc.

According to the lawsuit, Salavati offered a variety of home improvement services including removal, replacement and installation of windows, roofs, siding, decks and doors, but would regularly fail to start the projects, leave the work incomplete or perform the work in a substandard or shoddy manner.

According to the lawsuit, the defendant also used advertising materials claiming that the company is a "proud member of the Eastern Pennsylvania Better Business Bureau," when no record of membership exists and the company has an unsatisfactory record with the Better Business Bureau.  The defendant also claimed membership in the Lehigh Valley Builders Association even after that membership was cancelled due to a failure to respond to consumer complaints.

Corbett said Salavati also failed to provide consumers with a notice of cancellation informing them of their right to void a contract within three days.

John W. Conrad / J.C. Concrete Service - Schuylkill County

Corbett identified the defendant as John W. Conrad, doing business as J.C. Concrete Service, 418 W. Savoy St., Pottsville.

According to the lawsuit, Conrad entered into contracts with consumers to install, repair or replace driveways, patios and other concrete surfaces, but their failed to perform the work or performed the work in a shoddy or incomplete manner.

Corbett said that in one case, Conrad was paid a deposit of $4327 to construct a concrete walkway and driveway.  No work was ever started despite the victims' repeated attempts to contact Conrad.

In another case, the defendant was paid $5,600 to rebuild a concrete patio.  Work on the project stopped shortly after it began, leaving the patio incomplete and leaving debris and a dumpster scattered around the work site.

The defendant is also charged with failing to provide consumers with a notice of cancellation informing them of their right to void a contract within three days and failing to register a fictitious business name with the Pennsylvania Department of State.

Michael Caprista / All Valley Builder's & Remodeler's / Homeowner's Choice Construction, Inc. / Sharp Image Home Remodeling Co., Inc. - Northampton County

Corbett identified the defendant as Michael Caprista, 24 East Prospect St., Nazareth, doing business as All Valley Builder's & Remodeler's, Homeowner's Choice Construction, Inc. and Sharp Image Home Remodeling Co., Inc.  The defendant has a history of over 33 consumer complaints dating back to 1999 involving shoddy or incomplete work. 

According to the lawsuit, the defendant offered a variety of home remodeling and renovation services including window installation, basement refinishing and other improvements.  Consumers complained that Caprista would begin various projects and then disappear, or would fail to perform the work as promised.

Corbett said Caprista also failed to provide consumers with a notice of cancellation informing them of their right to void a contract within three days, failed to issue promised refunds to consumers and failed to register a fictitious business name with the Pennsylvania Department of State.



CENTRAL PA:

Alan Levenson / also know as Al Kelly or Al Konnors / West Penn Builders, Inc . West Penn Programs - Cambria County

Corbett identified the defendant as Alan Levenson, 3903 Ridgemont Court, Murraysville, Westmoreland County. 

According to the lawsuit, Levenson sent Cambria County and other southwestern PA homeowners a variety of false or misleading mail solicitation pieces which gave consumers the impression that Levenson's business was affiliated with the Federal Housing Administration (FHA), lending institutions or various manufacturers.  Some of the mailings also indicated that consumers may be eligible for various loan or financial assistance for their improvement projects.

Corbett said these activities allegedly violated an Aug. 6, 1993 court order which permanently prohibited him from misrepresenting his business, implying that he was affiliated with a government agency, misrepresenting the source of funding for the improvement work and other violations of Pennsylvania's consumer protection law.

Additionally, Levenson allegedly solicited consumers to enter into mortgages even though he was not licensed by the Pennsylvania Banking Department to negotiate or place mortgage loans.

Corbett said Levenson is also charged with failing to provide consumers with a notice of cancellation informing them of their right to void a contract within three days and failing to register a fictitious business name with the Pennsylvania Department of State.

ERIE:

Andy Onorato / Onorato Brothers General Contractors - Erie County

Corbett identified the defendant as Andy Onorato, doing business as Onorato Brothers General Contractors, 1659 W. 24th St., Erie.

According to the lawsuit, Onorato entered into contracts with consumers to perform basement waterproofing and concrete driveway installation, but performed shoddy or incomplete work or failed to address complaints or correct problems with his work.

Corbett said that in one case, Onorato charged a consumer $2,900 for a basement waterproofing project which left the homeowner with puddles and wet walls, mold growth and peeling paint. 

The defendant failed to correct problems with the waterproofing work despite repeated requests to make repairs and contrary to his representation that the work would be "fully guaranteed for life of structure."

In another case, a consumer was charged $3,200 for basement waterproofing that left the consumer with water leaking and seeping into the basement.  Additionally, a basement window and workbench were damaged during the work.  Again, there was no response from Onorato or attempt to repair the problem despite claims that the work would be "fully guaranteed for life of structure."

Corbett said Onorato is also charged with violating a May 11, 2001 Assurance of Voluntary Compliance with the Office of Attorney General by failing to provide consumers with a notice of cancellation informing them of their right to void a contract within three days.

SOUTHCENTRAL PA:

Benjamin Boyer / Boyer Construction - Lancaster County

Corbett identified the defendant as Benjamin Boyer, doing business as Boyer Construction, 202 S. Market St., Elizabethtown.

According to the lawsuit, Boyer contracted with consumers to perform a variety of services including roofing, gutter installation and chimney repairs but either failed to begin the work or performed shoddy or incomplete work.

Corbett said that in one case a consumer paid Boyer $4,725 for a new roof, gutters and repointing of a chimney.  The job was left unfinished and the defendant failed to either complete the work or refund the consumer's money.

In another case, Boyer was paid $3,600 to replace a roof and install new vinyl siding on a consumer's home.  The roofing work was not completed on time and work on the siding installation was never started.

Corbett said the defendant has also repeatedly promised consumers and the Office of Attorney General that refunds would be paid, but has failed to do so.

Carrol L. "Bo" Shreve & Penny Shreve / Bo's Construction and Maintenance / RSC Construction - York County

Corbett identified the defendants as Carrol L. "Bo" Shreve and Penny Shreve, doing business as Bo's Construction and Maintenance and RSC Construction, 15 Rebecca Dr., York Haven.

According to the lawsuit, the defendants contracted with consumers to perform a variety of construction and home improvement projects but either failed to perform the work or did an incomplete or shoddy job.

Corbett said that in one case a consumer paid $41,500 for a new roof, siding, windows, installation of a heat pump and other home improvements.  The work was left incomplete and the defendants failed to either finish the job or refund the consumer's money.

In another case the defendants were paid $4,500 to build a garage.  The consumer's check was cashed but the project was never started.

Corbett said the defendants are also charged with failing to provide consumers with a notice of cancellation informing them of their right to void a contract within three days and failing to register a fictitious business name with the Pennsylvania Department of State.

David Merle Kyler / D. Merle Kyler Construction Services Inc. - Cumberland County

Corbett identified the defendant as David Merle Kyler, doing business as D. M. Kyler Construction Services, 230 Herman Ave., Lemoyne.

According to the lawsuit, Kyler took deposits for roof repairs or roof replacement work which was never started or was done in an unworkmanlike manner.

In one case Kyler charged a consumer $1,490 to replace a roof.  Portions of the roof were patched, but the replacement work was never started.

In another case, the defendant was paid $625 to remove an old roof and install a new one.  That project was never started.

Corbett said the defendant is also charged with failing to provide consumers with a notice of cancellation informing them of their right to void a contract within three days.

PHILADELPHIA:

Dennis Scannell/ Dana Contractors, Inc. - Philadelphia

Corbett identified the defendant as Dennis Scannell, 2213 Orthodox St., Philadelphia, doing business as Dana Contractors, Inc.

According to the lawsuit, Scannell accepted substantial payments from consumers for various contracting services, but failed to complete the work or performed it in an unworkmanlike manner.  The defendant also failed to return consumers' telephone calls, complaints or inquiries and failed to provide refunds to consumers for work that was not performed or was done in an unsatisfactory manner.

Corbett said Scannell also failed to provide consumers with a notice of cancellation informing them of their right to void a contract within three days.

NORTHEASTERN PA:

John Constance / JCON Construction - Pike County

Corbett identified the defendant as John Constance, 181 Pocono Mountain Lake Estates, Bushkill, doing business as JCON Construction Company.

According to the lawsuit, consumers have filed a series of complaints concerning shoddy or incomplete work by the contractor.

Corbett said that in one case an East Stroudsburg couple paid Constance $147,000 to build an addition on their home.  The framing was never completed and masonry work was done in a shoddy manner, leaving portions of the home exposed to rain and doing structural damage to the home.

In another case a Warren, New Jersey homeowner paid the defendant $13,400 for bathroom remodeling and a kitchen addition to his home.  The work was never completed and the consumer was forced to spend an additional $5,000 with another contractor to finish the projects.

Scott Hoffman / Hoffman Construction - Luzerne County

Corbett identified the defendant as Scott Hoffman, 192 Bowman St., Wilkes-Barre, doing business as Scott Hoffman Construction.

According to the lawsuit, Hoffman contracted with consumers to perform a variety of home repair projects, but either failed to start work or performed the work in a shoddy manner.  Many of the victims were senior citizens.

Corbett said that in one case Hoffman took a $9,350 deposit from an Edwardsville man for roof & siding installation and the construction of a porch.  Work stopped when the project was half-complete and the defendant has failed to return to complete the construction.

In another case, an Ashley homeowner paid the defendant $2,900 to replace her roof, only to have the new roof leak and damage ceilings in her home.

Gerald Swisher / J.S. Construction - Columbia County

Corbett identified the defendant as Gerald Swisher, 22 Lunger Drive, Bloomsburg, doing business as J. S. Construction.

According to the lawsuit, Swisher entered into contracts with consumers for the delivery and installation of modular homes but performed the work in a shoddy or incomplete manner.

Corbett said that in one case a Kulpmont man paid the defendant $124,713 to install a modular home.  Work began several months after the original contract date and the home was installed unevenly, resulting in cracked walls, buckled siding and loose molding.  Additionally, the defendant failed to install electrical outlets in the home and improperly installed the basement doors.

In another case the defendant was paid a $13,200 deposit to build a garage and replace windows on a Danville couple's home.  The garage was framed but never completed and no work was ever started on the window installation.

Nicholas Revella / Vulcan Construction, Inc. - Monroe County

Corbett identified the defendant as Nicholas Revella, 451 Blue Mountain Crossing, East Stroudsburg, doing business as Vulcan Construction, Inc.

According to the lawsuit, Revella entered into contracts with consumers for construction of driveways, patios, fencing and other improvement work.

Corbett said that in one case a Swiftwater couple paid Revella $6,500 for driveway paving, only to watch the surface of the driveway erode and wash away during a rain storm.

In another case the defendant charged an East Stroudsburg woman $18,000 for excavation and paving work, along with construction of a walkway and retaining wall.  Only a small portion of the work was ever started and no work was ever done on the walkway or retaining wall.

John & Cathy Ball / Northeast Barn Builders, Inc. - Susquehanna County

Corbett identified the defendants as John Ball, RR-1, RD 1, 321 A-3, Montrose, and Cathy Ball, Susquehanna County Correctional Facility, Springville (formerly of RR-1, RD 1, 321 A-3, Montrose), doing business as Northeast Barn Builders, Inc.

According to the lawsuit, the defendants engaged in a practice of securing payments for numerous construction projects, but failed to perform any work.  They also failed to respond to consumer calls or complaints and failed to refund consumers' payments.

Corbett said that in one case the defendants accepted a deposit of $10,331 from a Dunshore couple for construction of a house barn.  Despite repeated calls from the consumer, construction on the barn was never started.

In another case, the defendants were paid $11,395 by a Monroeton couple for construction of a garage.  Despite numerous calls from the victims and their attorney, work was never started.

On Oct. 12, 2005, Cathy Ball was arrested in Florida after allegedly fleeing the Commonwealth to avoid prosecution on various criminal charges related to her business operation. 

SOUTHEASTERN PA:

Edward Ventresca / E.A.V. Building Improvements - Montgomery County

Corbett identified the defendant as Edward Ventresca, 903 N. York Road, Willow Grove, doing business as E.A.V. Building Improvements.

According to the lawsuit, Ventresca accepted substantial payments from consumers for home improvement work that he failed to perform.  The defendant also failed to respond to consumer calls, inquiries or complaints and failed to provide refunds for projects that were not completed.

Additionally, Corbett said that the defendant allegedly used official stationary from the Attorney General's Bureau of Consumer Protection on his work estimates and in applications and documents submitted to various municipalities, allegedly in an attempt to create the impression that he was affiliated or endorsed by the Office of Attorney General. 

Corbett said Ventresca also failed to provide consumers with a notice of cancellation informing them of their right to void a contract within three days and failed to register a fictitious business name with the Pennsylvania Department of State.

PITTSBURGH:

James Berinti / J. Anthony Roofing - Allegheny County

Corbett identified the defendant as James A. Berinti, 372 Pennsylvania Ave., Charleroi, doing business as J. Anthony Roofing.

According to the lawsuit, the defendant contracted with consumers to perform a variety of roofing and home improvement services, but either failed to start those projects or left the work incomplete.

Corbett said that in one case Berinti took a $3,100 deposit from a consumer for reconstruction of a porch roof and repairs to the gutters, but no work was ever performed.

In another case, Berinti charged a consumer $4,600 for the installation of new shingles on a roof.  Portions of that project were never completed and shingles on other sections of the roof fell off during a rainstorm.

Corbett said the defendant failed to provide consumers with a notice of cancellation informing them of their right to void a contract within three days, despite a June 2003 warning letter from the Office of Attorney General about the missing information in Berinti's contracts. 

Additionally, the defendant is charged with failing to register a fictitious business name with the Pennsylvania Department of State.

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Editors' Note: Copies of the lawsuits are available by contacting the Attorney General's Press Office at 717-787-5211 or at the Attorney General's website: www.attorneygeneral.gov