Jon Campisi Nov. 1, 2013, 9:44am


Pella Corp., the Iowa-based window manufacturer, has been named as a

defendant in a class action lawsuit filed on Oct. 30 at the federal courthouse in Philadelphia by a Delaware County couple.

Philip and Gail Adler claim in their civil suit that Pella designed, manufactured, marketed, advertised, warranted and sold defective windows to them and other consumers throughout Pennsylvania and the United States.

At the time of sale, the windows made by the defendant contained defects that allowed water to enter the area behind the product and result in premature wood root and deterioration, which led to homeowners having to spend money to fix damage to wooden window frames and other property in their residences, the complaint alleges.

“The defect described herein reduces the effectiveness and performance of the Windows and renders them unable to perform the ordinary purposes for which they are sold,” the suit reads.

The complaint says that Pella’s brochures stress the windows’ ability to permit “more decorative style choices” and the company’s between-the-glass window fashions “stay protected from dust and damage so they don’t need constant cleaning.”

At all times, the plaintiffs claim, the defendant knew that the windows were defective but took no action to inform purchasers or owners of the windows of the defects, recall the defective windows, or otherwise repair the windows that had already been purchased.

“Instead, Pella concealed this knowledge,” the complaint states.

Pella chose to conceal, suppress, or omit its knowledge of the defective windows while distributing, marketing and selling its windows to “unsuspecting” consumers, buildings and homeowners across the commonwealth and the country, the suit claims.

The suit says that the matter in controversy exceeds $5 million.

The Adlers, who are the lead plaintiffs in the case, say they purchased the defective windows made by Pella through their contractor when the couple was remodeling their home.

Pella’s misrepresentations and concealment of material facts, the complaint alleges, constitute “unconscionable commercial practices, deception, fraud, false pretenses, [and] misrepresentations.”

The suit accuses Pella of violating the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

It contains counts of negligence, breach of warranty, fraudulent misrepresentation and fraudulent concealment.

The Adlers seek class certification as well as declaratory judgment, compensatory and punitive damages, costs, attorneys’ fees and other relief.

The couple is being represented by attorneys Harris L. Pogust and Andrew J. Sciolla of the Conshohocken, Pa. law firm Pogust Braslow & Millrood.

 

The federal case number is 2:13-cv-06333-EL.

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