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Home My WebLink About96-06022 11\ ~ . . ~ i2 .. ~ c:;s: . .~ t - .~ 3 .;t , 't ., cJ . \ I i 1 \ ~I , .:t ~ ~ ~ <:) ~ . ....., C3' \ 1 \ / . o ~ COMMONWEALTH OF PENNSYLVANIA ACTING BY AlTORNEY GENERAL THOMAS W. CORBElT.JR.. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. EUSTACE PEARCE, d/h/a SHOWCASE AUTO SALES 6980 Wertzville Road Enola, PA 1702S, CIVIL ACTION - EQUITY Respondent NO. qtv - (cOdd ASSURANCE OF VOLUNTARY COMPLIANCE WHEREAS, the Commonwealth of Pennsylvania, acting by Attorney General Thomas W. Corbell, Jr., through the Bureau of Consumer Protection ("Commonwealth"). has caused an investigation to be made into the business practices of the above named Respondent pursuant to the provisions of the Act of December 17, 1968, P.L. 1224, No. 387, as amended by the Act of November 24, 1976, P.L. 1166, No. 260, 73 P.S. fifi 201-1-201-9.2, the Unfair Trade Practices and Consumer Protection Law ("Consumer Protection Law"), the Automotive Industry Trade Practices Regulations. 37 Pa. Code fifi 301.1-301.6 ("Auto Regs') and the Motor Vehicle Code, subchapter D. 75 P.S. fifi 7131-7139 ("Odometer Act"); and WHEREAS, Showcase Auto Sales is an entity that has engaged in trade or commerce within the Commonwealth of Pennsylvania in sales of used motor vehicles from a principal place of business located at 6980 Wertzville Road, Enola. Cumberland County, PA 17025: and WHEREAS, Eustace Pearce (hereafter the "Respondent") is the owner of Showca~e Auto Sales and is authorized to ~nter int\llhis Assurance of Voluntary Compliance: and WHEREAS, the Odometer Act requires that sellers of used motor vehicles maintain a copy odometer statements for vehicles sold for a period of four years, 75 P.S. ~ 7135(a); and WHEREAS, the Respondent sold a 1985 Audi, vehicle identification number WAUBD0851FA065159, to consumer Susan Sharbaugh on September 12, 1995 for a price of $4,295.00; WHEREAS, the Respondent had purchased the automobile from Charlie D's Used Cars at the York Springs Auto Auction through a vehicle sales agreement which contained the notation, "[Oldometer is NOT the actual reading. WARNING - ODOMETER DISCREPANCY."; and WHEREAS, the Respondent failed to disclose orally or in writing to the consumer the fact that the true mileage of the vehicle was unknown; and WHEREAS, the Commonwealth has conducted an inquiry into the dealership's compliance with the requirement to maintain copies of odometer statements, and the Commonwealth has determined that the dealership has not maintained full compliance with the state Odometer Act by maintaining all of the documents required by law; and WHEREAS, the Commonwealth believes this lack of disclosure deprived the consumer of vital information as to the true characteristics or worth of the vehicle; and WHEREAS, the Commonwealth believes that this course of conduct constitutes violations of ~~ 7132(d) and 7137 of the Odometer Act, ~ 201-2(4)(v) of the Consumer Protection Law, and ~~ 301.2(6) and 301.4(a)(2) of the Auto Regs; and WIIEREAS, under the Consumer Protection Law, this Assurance of Voluntary Compliance shall not be considered an admission of a violation for any purpose; and WHEREAS, the Commonwealth accepts this Assurance of Voluntary Compliance pursuant 10 ~ 201-5 of the Consumer Protection Law. in lieu of commencing statutory proceedings under ~ 201-4. NOW THEREFORE. effective from the date of the signing of this Assurance of Voluntary Compliance. the Respondent agrees for himself, his successors, assigns, agents, employees, and all other persons acting on his behalf through this or any other corporate or business device as follows: I. The Recitals are incorporated herein and made a part hereof. II. To attain and maintain full compliance with the Odometer Act, maintaining all copies of odometer statements and other documents required by law. The Respondent further agrees to abide by all provisions of the Consumer Protection Law and the Auto Regs. Ill. To pay as restitution to consumer Susan Sharbaugh the amount of One Thousand Four Hundred Dollars ($1,400.00). IV. To forfeit and pay civil penalties in the amount of Three Hundred Dollars ($300.00) made payable to the Commonwealth of Pennsylvania and payable by certified check, money order or attorney's check. V. To forfeit Three Hundred Dollars ($300.00) to the Commonwealth representing costs of investigation of this mailer. and made payable to the Commonwealth of Pennsylvania and payable by certil1ed check, money order or attorney's check. Such costs are to be utilized for future public protection purposes. VI. Any and all payments due and owing under this Assurance will be made under the following terms: Five Hundred Dl,lIars ($500.00) at the eXl cution of this Assurance and One Thousand Five Hundred Dollars ($1,500.00) seven days following the execution of Ih is document. All payments are to be made payable to the Commonwealth of Pennsylvania and forwarded to the Bureau of Consumer Protection, 132 Kline Village, Harrisburg, PA 17104. NOW THEREFORE, without the admission of any violation for any purpose, the Respondent agrees by the signing of this Assurance of Voluntary Compliance that he shall henceforth abide by each of the aforementioned provisions and that the breach of anyone of these terms of this Assurance of Voluntary Compliance shall be sufficient warrant for the Commonwealth of Pennsylvania to petition the Court of Common Pleas of Cumberland County to assess civil penalties under ~ 20 1-8(a) of the Consumer Protection Law and to order any other equitable relief which the Court deems necessary or proper. The Court shall maintain jurisdiction over the subject matter of this Assurance of Voluntary Compliance and over the parties hereto in a~cordance with 11201-8 of the Consumer Protection Law. This Assurance of Voluntary Compliance shall have the same force and effect as a '1 Permanent Injunction issued pursuant to 11201-4 of the Consumer Protection Law. Provided, however, that nothing in this Assurance of Voluntary Compliance shall be construed to waive or limit any right of action by any consumer, or by any local, state, federal or other governmental entity against the Respondent. . IN WITNESS WHEREOF, I haw sct my hand and scallhis // LI, If, d ~ ,1996. ':V/t Jo day of d4~"" /1..... - Eustace Pearce - Sworn to and SubtcJ;ibed befo2il,me this:il t""'duy of u,e(]..bt , 1996 SJwtu, j@~ YARY PuBLIC --.-..- .. t { ~ "B. R co ~ '- cr ':t- (~ -~ ""' r.o ~ r) () CJ 0- .. ~IP ; '~~~ 0 If) :f- lfl J"' - ,_J,_.. 0 0- T [. C CJ ~c ~il l':: ,'. ~' ;;2 0 t{) If) ~ ~ ,- -~ . 'it) ":t" -::r .J UJ'- I ,;;:; ~ ~ rrlc- ~~ ..}i"Jj .~ 'II J ,. ( ;..:. ,0.. L:. \;-') 0 J G" U ,""',