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Counterclaim CAM-L-002852-18 12/21/2018 7:27:11 PM Pg 1 of 15 Trans ID: LCV20182220273 Daniel JT McKenna, Esquire (025462004) Jenny N. Perkins, Esquire (010172009) BALLARD SPAHR LLP 210 Lake Drive East, Suite 200 Cherry Hill, NJ 08002 Telephone: 856.761.3400 Facsimile: 856.761.1020 Attorneys for Defendant, Vivint Solar Developer, LLC SUPERIOR COURT OF NEW JERSEY MELISSA KNIGHT, LAW DIVISION – CAMDEN COUNTY Plaintiff, DOCKET NO. CAM-L-002852-18 v. CIVIL ACTION VIVINT SOLAR and PHILIP CHAMBERLAIN, Defendants. DEFENDANT VIVINT SOLAR DEVELOP, LLC’S ANSWER TO PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM Defendant Vivint Solar Developer, LLC, improperly named Vivint Solar in the Complaint (“Vivint Solar”), by its undersigned counsel, hereby submits its answer to Plaintiff Melissa Knight (“Plaintiff”) complaint (“Complaint”). I. AS TO INTRODUCTION 1. Denied as conclusions of law to which no response is required. 2. Admitted in part. Vivint Solar, admits only that it engages in door-to-door sales for residential solar energy solutions in New Jersey homes. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, the allegations are denied. 3. Denied. It is specifically denied that Vivint Solar “baited and set a trap.” It is further specifically denied that Vivint Solar “hooks consumers into paying more for energy.” DMEAST #28302230 v2 CAM-L-002852-18 12/21/2018 7:27:11 PM Pg 2 of 15 Trans ID: LCV20182220273 4. Admitted in part. Vivint Solar admits only that Philip Chamberlain is a Sales Manager. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, the allegations are denied. 5. Denied. It is specifically denied that Vivint Solar engaged in any conduct to “hide its fraud.” After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, the allegations are denied. 6. Admitted in part. Vivint Solar admits only that solar panels were requested by Plaintiff and installed on her home per her request. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, the allegations are denied. 7. Denied. II. AS TO PARTIES 8. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 9. Admitted in part. Vivint Solar admits only that its principal office is in Utah. 10. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 11. Admitted in part, Vivint Solar admits only that Philip Chamberlain is currently a Co-District Manager. 2 DMEAST #28302230 v2 CAM-L-002852-18 12/21/2018 7:27:11 PM Pg 3 of 15 Trans ID: LCV20182220273 III. AS TO STATEMENT OF CLAIM 12. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 13. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 14. Admitted. 15. Denied as conclusions of law to which no response is required. 16. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 17. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 18. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 19. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 20. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 21. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, 3 DMEAST #28302230 v2 CAM-L-002852-18 12/21/2018 7:27:11 PM Pg 4 of 15 Trans ID: LCV20182220273 therefore, the allegations are denied. 22. Admitted in part. Vivint Solar admits only that Plaintiff signed the Power Purchase Agreement on the iPad device. 23. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 24. Admitted in part. Vivint Solar admits only that Plaintiff’s signed a Residential Solar Power Purchase Agreement. Vivint Solar denies the remaining allegations of this paragraph. 25. Denied. 26. Admitted in part. Vivint Solar admits only that it installed solar panels on Plaintiff’s roof at her request. Vivint Solar denies the remaining allegations of this paragraph. 27. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 28. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 29. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 30. Denied. 31. Admitted in part. Vivint Solar admits only that it was contacted in 2017 4 DMEAST #28302230 v2 CAM-L-002852-18 12/21/2018 7:27:11 PM Pg 5 of 15 Trans ID: LCV20182220273 by a lawyer purporting to represent Plaintiff. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 32. Admitted. By way of further response, Plaintiff did not attach any exhibits to the Complaint. 33. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. By way of further response, Vivint Solar denies Plaintiff’s characterization of the Residential Solar Power Purchase Agreement (“PPA”) in this paragraph as “Agreement.” 34. Denied. The allegations of this paragraph characterize a document which speaks for itself. To the extent a response is required, the allegations are denied. By way of further response, Vivint Solar denies Plaintiff’s characterization of the PPA in this paragraph as “Agreement.” 35. Admitted in part. Vivint Solar admits only that, based upon review of public records, James Reilly once owned the home occupied by Plaintiff. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, the remaining allegations are denied. 36. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 37. After reasonable investigation, Vivint Solar is without knowledge or 5 DMEAST #28302230 v2 CAM-L-002852-18 12/21/2018 7:27:11 PM Pg 6 of 15 Trans ID: LCV20182220273 information sufficient to form a belief as to the truth of the allegations of this paragraph. 38. Denied. 39. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 40. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 41. Denied. 42. Admitted. 43. Denied. 44. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 45. Denied. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 46. The allegations of this paragraph contain conclusions of law to which no response is required. To the extent a response is required, Vivint Solar denies these allegations. After reasonable investigation, Vivint Solar is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, the remaining allegations are denied. 47. Denied. 6 DMEAST #28302230 v2 CAM-L-002852-18 12/21/2018 7:27:11 PM Pg 7 of 15 Trans ID: LCV20182220273 48. The allegations of this paragraph contain conclusions of law to which no response is required. To the extent a response is required, Vivint Solar denies these allegations. 49. The allegations of this paragraph contain conclusions of law to which no response is required.
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