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HomeMy WebLinkAbout00-03479 Jl ...;J;u!" . -. , . ~ COMMONWEALTH OF PENNSYL VANIA, by Attorney General : D. Michael Fisher, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - EQUITY v. NO. 00-3479 EQUITY TERM HARRISBURG CORPORATE LIMOUSINE, SERVICE, INC., and VALERIE C. TAYLOR, Defendants NOTICE TO PLEAD To: Jodi L. Flitton, Esquire Deputy Attorney General Office of Attorney General 132 Kline Plaza Harrisburg, P A 17104 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service upon you or a default judgment may be entered against you. MILLER and MILLER By: Tho as R. Miller 1. . #49801 P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendants Date: 7-2/~OO , 1---1 "'" '. . < , COMMONWEALTH OF PENNSYL VANIA, by Attorney General : D. Michael Fisher, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - EQUITY v. NO. 00-3479 EQUITY TERM HARRISBURG CORPORATE LIMOUSINE, SERVICE, INC., and VALERIE C. TAYLOR, Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1, Admitted, 2, Denied, Harrisburg Corporate Limousine Service, Inc, as of March 1,2000 is no longer engaged in trade or commerce within the Commonwealth of Pennsylvania. 3, It is admitted Defendant Valerie C. Taylor is the owner and president of Harrisburg Corporate Limousine Service, Inc. It is denied that Defendant Taylor is engaged in trade or commerce or the promotion and operation of a business providing transportation services, or that she has been so engaged since March 1, 2000, 4, The allegations of this paragraph are conclusions of law to which no answer is required. Without waiving this contention, it is specifically denied Defendants' conduct violated Pennsylvania's Consumer Protection Law at any time, 5, It is specifically denied the public interest would be served by seeking a permanent injunction or that the Commonwealth is entitled to same for the reasons set forth within this Answer. It is admitted the Commonwealth is requesting restitution, civil penalties and other relief. It is specifically denied such relief is appropriate or that it is entitled to same. . I L ~-""', . " . 6. To the extent the allegations of this paragraph allege legal conclusions, no answer is required. To the extent this paragraph alleges Defendants' conduct in the operation of her business was improper, such allegation is specifically denied for the reasons set forth in the Answer. 7. The allegations of this paragraph are conclusions of law as to which no response is required. Without waiving this contention, it is specifically denied Defendants' conduct violated Pennsylvania's Consumer Protection Law for the reasons set forth in this Answer. COUNT I 8. Defendants' responses to Paragraphs I through 7 are incorporated herein by reference. 9. Admitted. By way of future response, Defendants' limousine service entered into contracts with several hundreds of satisfied consumers during that period. 10. Admitted. II. It is specifically denied Defendants engaged in a pattern or practice of failing to appear at the agreed time and place. It is further specifically denied Defendants were significantly late or failed to arrive at the agreed time and place for Angie Eagle and Brent Halpin, Colleen Lawrence, Thomas F. Samuel; Jacqueline R. Beane, Chad E. Turns or Kurtis Moyer. 12, It is admitted Defendants did not provide a refund to Colleen Lawrence, a wedding customer. It is specifically denied Defendants, through their employees, failed to arrive at the 3 . - I; ~.:......:" . agreed upon time and place. To the contrary, Defendants' driver appeared at Lawrence's 201 South Third Street residence at the agreed time and waited at said location for over one-half hour, yet Lawrence failed to appear. Lawrence further failed to answer her phone or door despite repeated attempts to make such contact by Defendants' driver during this time period. It is admitted Defendants did not provide a refund or appear at wedding customer Chad Turns' residence. Mr. Turns cancelled Defendants' services after contracting for same and being advised of Defendants' no-refund policy regarding wedding transportation. It is admitted Defendants failed to appear for wedding customer Kurtis Moyer as a result of Mr. Moyer or his fiancee, Carey Dellock's cancellation of Defendants' services. It is denied these customers were not provided a refund. To the contrary, Carey Dellock was provided an immediate and full refund. 13. It is admitted customer Mo Humphreys was mistakenly booked for a dinner package with the Accomac Inn at a time after Defendants had ceased doing business with that restaurant for good and sufficient reasons. Said customer, however, was offered dinner packages at other restaurants, which she declined. 14. It is admitted Defendants indicated to Ms. Humphreys they no longer did business with the Accomac Inn and further attempted to modify Ms. Humphreys dinner package with alternate arrangements, none of which were to Ms. Humphreys' satisfaction. 15. Admitted Ms. Humphreys cancelled the contract and that Defendants requested a cancellation fee as a result of the untimely cancellation, i.e., within 24 hours of the date the service was to be provided. 4 ~"~" " . 16. It is admitted Angela Hilliard contracted for the use of Defendant's Rolls Royce and was thereafter notified by Defendants the vehicle was unavailable. It is denied an older model limousine was offered as a substitute. 17. Denied. Ms. Hilliard, as the wedding coordinator for Otto Banks, was given a full refund. It is admitted that Chad Turns and Thomas Samuel were advised a refund would be provided for the cancelled vehicles if they were rented by someone else. Thomas Samuel demanded a full refund stating one of the two limousines he rented was late for a pickup, notwithstanding Defendants' best efforts to be punctual under the unusual traffic congestion conditions then prevailing in the Hershey area. 18. It is specifically denied Defendant rented Turns vehicle to someone else. To the contrary, on the date Turns service was to be provided Defendants had two idle vehicles of the type originally contracted for by Turns, and he was thus not entitled to a refund. Regarding Thomas Samuels, limousine services were provided on two separate occasions, On the second occasion, Defendants' driver, due to extremely adverse traffic conditions, was late in picking up Mr. Samuels' mother. As a result, Mr. Samuels demanded a full refund, commenced a lawsuit and obtained a $3,800 treble damage judgment against Defendants, which Defendants satisfied. 19. Denied for the reasons stated in Paragraph 18 above. 20. Admitted. 21. The allegations of this paragraph are conclusions of law as to which no response is required. To the extent this paragraph contains factual allegations, it is specifically denied 5 . ;, ,J ~ . Defendants' conduct in any way violated any provision of Pennsylvania' s Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendants Harrisburg Corporate Limousine Service, Inc. and Valerie Taylor demand Plaintiffs Complaint be dismissed, with prejudice. COUNT II 22. Paragraphs 1 through 21 are incorporated herein by reference. 23. Admitted. 24. Admitted. By way of further response, Defendants had no opportunity to obtain a signed agreement from Keith Gohn, in that his telephonic reservation was made within less than 24 hours of the service being provided. By way of further response, Mr. Gohn was verbally advised several times by Defendants' driver of the smoking prohibition within Defendants' limousine and the cleaning cost for same, which Mr. Gohn nonetheless ignored. Further, there were "No Smoking" signs. prominently displayed in the limousine, which Gohn and his companions rudely ignored. 25. It is admitted Defendants charged Mr. Gohn $300, which was their cost to clean and "ozone" the vehicle necessitated by Gohn's smoke damage, caused by him and his companions in deliberate disregard of the verbal and posted warnings prohibiting this activity. 26. Admitted. 6 I, ~ h. . ,,,- C, . . , , . .4 ,.o .. 27. Admitted Ms. Ambrose did not sign a contract, although one was forwarded to her by Defendant. Ms. Ambrose cancelled the agreement within 24 hours of procuring Defendants' services. 28. Admitted that a 25% cancellation fee was charged to Ms. Ambrose by Defendants. After reasonable investigation, Defendants are without knowledge sufficient to specifically respond as to whether said fee was collected. 29. Admitted. 30. The allegations of this paragraph are conclusions of law to which no response is required. To the extent this paragraph contains factual allegations, it is specifically denied Defendant's conduct in any way violated any provision of Pennsylvania's Unfair Trade Practices or consumer protection laws. WHEREFORE, Defendants Harrisburg Corporate Limousine Service, Inc. and Valerie C. Taylor, demand Plaintiffs Complaint be dismissed with prejudice. COUNT III 31. Defendants' responses to Paragraphs I through 30 are incorporated herein by reference. 32. Admitted. 33. Admitted on information and belief. 7 , ~"'i . I' .. , , . 34. Specifically denied. To the contrary, Defendants did not engage in any "pattern or practice" of any improper activity, including the failure to provide the services contracted for, charging undisclosed fees, failing to provide notice of cancellation or refusing to provide refunds. Defendants acted properly and professionally in the manner in which they conducted their business, and at all times relevant to this lawsuit. Further, during the periods at issue, Defendants served over 1600 satisfied customers. 35. Admitted. 36. The allegations of this paragraph are conclusions of law as to which no response is required. To the extent this paragraph contains factual allegations, it is specifically denied that Defendants' conduct in any way violated any provision of Pennsylvania's Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendants Harrisburg Corporate Limousine Service, Inc. and Valerie C. Taylor, demand Plaintiffs Complaint be dismissed with prejudice. COUNT IV 37, Defendants' responses to Paragraphs I through 36 are incorporated herein by reference. 38. Admitted. Defendants entered into contracts with Colleen Lawrence, Keith Gohn, Thomas Samuel and Chad Turns. After reasonable investigation, Defendants are without information as to the balance of the allegations within this paragraph, sufficient to admit or deny 8 . I . .. I ~ f ,. , ,. I' same, and strict proof thereof is demanded. By way of further response, it is believed Thomas Samuel and Chad Turns placed their reservations with Defendants by telephone from their place of business or personally, at Defendants' business. 39. Admitted on information and belief. 40. It is denied Defendants failed to provide notice of cancellation rights or, more precisely, to provide refunds as permitted by the contract. 41. Admitted. 42. The allegations of this paragraph are conclusions of law as to which no response is required. To the extent this paragraph contains factual allegations, it is specifically denied that Defendants' conduct in any way violated any provision of Pennsylvania's Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendants Harrisburg Corporate Limousine Service, Inc. and Valerie C. Taylor, demand Plaintiffs Complaint be dismissed with prejudice. COUNT V 43. Defendants' responses to Paragraphs I through 42 are incorporated herein by reference. 44. It is denied Defendants failed to notify customers or confrrm in advance the date the service was to be provided. To the contrary, such notice was invariably provided to all customers. 9 I' ~~ ... I. ~ " , " , 45. Admitted. 46. After reasonable investigation, Defendants are without information sufficient to admit or deny the allegations of this paragraph, strict proof is demanded. 47. Admitted. Jeff Taylor, on behalf of Defendants, met with a representative of Unique Limousine regarding the assumption of some of Defendants' contracts. 48. Denied as stated. To the contrary, money was transferred to Unique Limousine in exchange for their agreement to provide services to Defendants' customers. 49. Denied as stated. To the contrary, Defendants made every effort to notify their customers of the transfer of service, as evidenced by the letter of April 24, 2000 which was to be forwarded to Defendants' clients pursuant to contractual obligations of Unique Limousine in assuring Defendants' contracts. A copy of this letter is attached hereto as Exhibit "A". 50. It is admitted that Defendants attempted to transfer the following consumer contracts to Unique Limousine. Angie Eagle and Brent Halpin: Defendants are without knowledge as to whether Unique Limousine provided service to these individuals. If said service was provided, Defendants will tender payment to Unique Limousine immediately. If not, the money will be refunded promptly to said consumers. Shannon Biller: payment for this contract was provided to Unique Limousine and to the best of Defendants' knowledge and belief, Unique Limousine provided the contracted service. Kim Stewart and Jeff Beard: payment was made by Defendants to Unique Limousine for this transferred service, Defendants are without information as to whether Unique Limousine 10 I ~ , ,'- ~ ~: ~, " f, ~ " " . .. . 1- I provided transportation services. If said services were not provided, Defendants will tender a refund to these consumers immediately, and hereafter pursue Unique Limousine for restitution. Kristi Shore and Sam Wright: these consumers had an October 2000 reservation. These consumers have been refunded their payment in full. Christina Hayes and Ralph Moorehead: these consumers had an October 2000 reservation. These consumers have been refunded their payment in full. Jennifer Komaromy and Todd Young: full payment was sent from Defendants to Unique Limousine on July 14, 2000 for the weddiNg scheduled for July 22, 2000. Billie Koons and Corey Lau: payment was forwarded from Defendants to Unique Limousine. Defendants are without knowledge as to whether Unique Limousine provided service to these consumers. If said service was not provided, Defendants will tender a refund to said consumers in full, and thereafter pursue Unique Limousine for restitution. 51. Admitted. By way of further response, see Defendants' answer to Paragraph 50 above. 52. Admitted. Sharon Billers' funds were provided to Unique Limousine on June 2, 2000, prior to the date of service. It is believed Unique Limousine provided this service because Defendants' check to Unique Limousine was cashed. If the contracted services were not provided, Defendants will provide a full refund to Ms. Billers and seek indemnification from Unique Limousine. 53. It is specifically denied the consumers listed in this paragraph were "forced to hire limousine service from another vendor" or that Defendants failed to confirm their contracts or 11 ]".1 ... ~, r,:. . " , . . J . were unavailable. To the contrary, consumers' contracts were performed as set forth in paragraph 50 above. 54. Denied. To the contrary, full refunds have been provided to those customers requesting same. 55. Admitted. 56. The allegations of this paragraph are conclusions of law as to which no response is required. To the extent this allegation is deemed to be factual, it is specifically denied Defendants caused confusion and misunderstanding as to the services being provided or their contracts. 57. The allegations of this paragraph are conclusions of law as to which no response is required. WHEREFORE, Defendants Harrisburg Corporate Limousine Service, Inc. and Valerie C. Taylor, demand Plaintiffs Complaint be dismissed, with prejudice. NEW MATTER 57. Plaintiffs Complaint fails to state any clam against Defendants upon which relief can be granted. 12 "~ .... ~ ,) .. 'I.. ;) . ., . 58. Plaintiffs Complaint is founded upon numerous incomplete, inaccurate and unfounded allegations, and apparently upon the result of an incomplete and cursory investigation of the underlying relevant circumstances. 59. Plaintiff, by its various officials, has negligently ignored, or has deliberately chosen to ignore, explanations and information previously furnished by Defendants as to the unfounded consumer complaints alleged within this Complaint. 60. Several of the consumer complaints alleged by the Complaint were caused by the failure of Unique Limousine to assume certain service contracts which it had agreed to assume after several meetings with Defendants' employee Jeff Taylor. However, as above averred in Defendants' Answer, Defendants have either made restitution to those affected consumers, or will do so immediately upon receipt of proof that they did receive alternate service. 61. All allegations of restitution or refund to consumers averred in the preceding paragraph of this Answer are incorporated herein by reference. 62. Further, the reasons stated in the preceding paragraphs of this Answer for refusal in a few instances to make refund or restitution are likewise incorporated herein by reference. 63. At all times material hereto, Defendants did not commit any violation of the Pennsylvania Fair Trade Practices Act or the Consumer Protection law, nor did they engage in any course of conduct which constituted such violations. Defendants at all times exerted every effort to provide full and complete service to their clients and were always conscientiously concerned with their clients' satisfaction. 13 I ~ L 0 11[ ,. .. .. ,) . , ~ \ 1 64. During the time periods involved, Defendants provided limousine service to over 1600 satisfied conswners, and will at the appropriate time provide extensive docwnentary evidence of same. 65. Defendants will make immediate refund to any conswner not previously so refunded upon receipt of satisfactory proof that such refund is due and owing. 66. Plaintiff s Complaint, and the facts which may be offered in support thereof, do not provide any legal basis for the imposition of any civil penalty against the Defendant. 67. The alleged incidents complained of occurred sporadically over a substantial period of time, represent a very small percentage of Defendants' total business volwne during such period, and therefore in no way constitute a "pattern or practice". In a highly personalized business of this type, conswner complaints, often non-meritorious, are bound to arise, and are not totally avoidable. Such incidents, however, furnish no basis for the draconian penalties and forfeitures sought to be imposed. WHEREFORE, Defendants Harrisburg Corporate Limousine Service, Inc. and Valerie C. Taylor, demand Plaintiffs Complaint be dismissed, with prejudice. Respectfully submitted, Thomas . Miller, Esquire ID #49801 G. Thomas Miller, Esquire ID #07219 113 Locust Street, Box 709 Harrisburg, P A 17108-0709 (717) 232-0750 A~rn~swH~w~C~m~L~ou~e Service, Inc., and Valerie C. Taylor .1 : ~ \iI: "-i1 ..... . "' , -- '-' ~ . Harrisburg Cotporate Limousine service, inc. April 24, 2000 Dear Harrisburg Corporate Limousine Client: After 10 successful years as one of the capital region's top ground transportation carriers, we have decided to sell our limousine service. As the new owner of Harrisburg Corporate Limousine may not be fully operational before the date of your reservation, we considered it to be best that your reservation with us be turned over to another ground transportation service that is capable of providing the same service as you requested of Harrisburg Corporate Limousine. Throughout our 10 years, we worked closely with Unique Limousine and believe they can best accommodate you for your limousine service. Their fleet of brand new vehicles are similar to those you saw here. Within the next few days you will receive a new reservarion {omz from Unique Limousine outlining the service you requested (they have the copies of your original order). It is important that you carefully read it, sign it and return it as soon lIB possible. Unique Limousine is holding cars for you for the date and times you originally requested. If you have rebooked with another carrier, you must advise them so that these cars can be released to someone else, and a refund will be made. We have been assured by Unique Limousine that no additional charges will be incurred by you unless you change the pick-up and/or drop-off times or add more time to your original order. It is imperative that you stay on time with your reservation and maintain control of all other service providers related to your occasion in order to avoid any possible overtime service with your transportation. Should you have any questions regarding your reservation, you may contact Unique Limousine at 717-2334431. We appreciate your patience and cooperation during this transition. Sincerely, Harrisburg Corporate Limousine exHlBrt A ~~ ... .If: .. -; L ,. ~) . J ., ~ VERIFICATION Subject to the penalties for falsification to authorities prescribed by 18 Pa. C.S.S4904, 1 hereby certify that the facts set forth in the foregoing document are true and correct to the best of my personal knowledge, information and belief. Dated: ~ " , " I' , ....-, ~ ..", .- Ill: .... Ii. .oj .;1 t: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing "Defendants' Answer with New Matter to Plaintiff's Complaint" was served upon the following person(s) by United States first class mail, postage prepaid, on this date: Jodi L. Flitton, Esquire Deputy Attorney General Office of Attorney General 132 Kline Plaza Harrisburg, PA 17104 Date: 1- 2../-ex) ~1~~~~_i~"",_i!l~;i>I~;1!#";""ili'",_~~1r;,iKfu_"Ii1'$."'~~~!I.~__~-" Ill- '''''''''''''^ItiIlMlr ~.., >> .... >>: " ~;lL. ".. ,~~~~, ,_ ;l:' 'to 1;::<= ,.. . '-~ ,- !E,:::) ""^" 'N_~ ~~_ ~ >,_~. iJ;''':''' -<: i,...,c. ",-,- -'--f "<, o ( r~ f. '] , <~~'- ;:,~'. iiII'~ ~, ~,' I ,. " ~--') \ \ ~ " I , R; ~ ~' ~-" ~-'" , COMMONWEALTH OF PENNSYL VANIA BY ATTORNEY GENERAL D. MICHAEL FISHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - EQUITY v. HARRISBURG CORPORATE LIMOUSINE SERVICE, INC 5215 SIMPSON FERRY ROAD SUITE 103 MECHANICSBURG, PA 17055 NO. 00-3479 EQUITY TERM and VALERIEe. TAYLOR individually and as President of HARRISBURG CORPORATE LIMOUSINE SERVICE, INe. Defendants COMMONWEALTH'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this Day of July 2000, comes the Commonwealth of Pennsylvania, acting by Attorney General D, Michael Fisher, through the Bureau of Consumer Protection ("Commonwealth"), who responds to the Defendant's New Matter as follows: NEW MATTER 57. The averment contains a conclusion of law to which no response is required To the extent a response is deemed necessary, the allegation is denied. 58. Denied. 59. Denied. 60, Admitted in part and Denied in part, It is admitted that Unique Limousine agreed ." - ~" ""~ '-~'k;~ , to assume several service contracts from Defendants. By way of further response Unique limousine provided services for several consumers upon receipt of payment by Defendants. Defendants not only failed pay Unique for these services but also failed to notify consumers of this arrangement. This averment is denied to the extent that it implies that Unique wrongfully failed to provide services or that Unique was paid for all service contracts by Defendants. Additionally, this averment is denied to the extent that it implies that all of the consumers effected have received restitution from Defendants. Finally, the Commonwealth is without sufficient information on which to form a belief as to the truthfulness of the averment that Defendants will immediately make restitution upon receipt of proof that consumers received alternate service. 61. The Commonwealth is without sufficient information on which to form a belief as to the truthfulness of the averment 62. The Commonwealth is without sufficient information on which to form a belief as to the truthfulness. 63. The averment contains a conclusion oflaw to which no response is required. To the extent a response is deemed necessary, the allegation is denied. 64. The Commonwealth is without sufficient information on which to form a belief as to the truthfulness. By way of further response, this averment, even if true, is irrelevant to the conduct alleged in the Commonwealth's Complaint in Equity. 65. The Commonwealth is without sufficient information on which to form a belief as to the truthfulness. By way of further response, the Defendants are no longer in the sole position to make the determination as to what constitutes satisfactory proof of refunds and which consumers are due restitution. Additionally, the Defendants could have provided restitution to .~ ,.1 : JII' "' f these consumers prior to the filing of the Commonwealth's Complaint in Equity. The fact that neither restitution nor services were provided to several consumers demonstrates that Defendants are unwilling to provide full restitution to the consumers identified in the Commonwealth's Complaint in Equity. 66. The averment contains a conclusion oflaw to which no response is required. To the extent a response is deemed necessary, the allegation is denied. By way of further response any violation of the Consumer Protection Law warrants the imposition of a civil penalty. 67. The averment contains a conclusion oflaw to which no response is required. To the extent a response is deemed necessary, the allegation is denied. RESPECTFULLY SUBMITTED, BY: D. MICHAEL FISHER D. MICHAEL FISHER BY: FRANK T. DONAGHUE FRANK T. DONAGHUE CHIEF DEPUTY ATTORNEY GENERAL BY: MARK S. STEWART MARK S. STEWART DEPUTY ATTORNEY GENERAL '~ om L. FLITTON DEPUTY ATTORNEY GENERAL OFFICE OF ATTORNEY GENERAL BUREAU OF CONSUMER PROTECTION 132 KLINE VILLAGE HARRISBURG, PA 17104 TELEPHONE: 717-787-7109 DATE:~O .1 : ,~ -"~~'icii;_ , VERIFICATION I, hereby verify that the statements made in the Commonwealth's Answer to Defendants' New Matter, Civil Action NO. 00-3479, are true and correct upon my information and belief. I understand that any false statements are subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. ~,~ Agent DATE: ?/3/~b t ~- ~~ .. ~ ~_. ","~'. J. ~_,'_; , CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the Commonwealth's Answers to Defendants' New Matter, Civil Action NO. 003479, were served on the following person (s) and in the following manner on July ~, 2000. Service by First Class Mail, addressed to: Thomas R. Miller, Esquire Miller and Miller 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 Attorney for Defendants OIL. FLITTON DUTY ATTORNEY GENERAL TORNEY J.D. NO. 58131 OFFICE OF ATTORNEY GENERAL BUREAU OF CONSUMER PROTECTION 132 KLINE VILLAGE HARRISBURG, PA 17104 TELEPHONE: 717-787-7109 ",,,,....- j[' ~. ~~'" "'- ...lo~~t~..tilooiifu{,~-!'J'<ifrti.r~"'i:tiUIILO;,rl","'''-J,'''",i;~'~llIfiIlUj. . ...;.,-,,0:_ .".,""'" lllllli1Iil1l~~' IIIiiiJf f ---. ;' ~~ C') .<' < 0 l_ - 5 , ~;-) ,-. :.cJ ;:::- c~ ) ("-; ::" C f'..J ,:.J J-n ~2 :f! );! ~ c.) :lJ -< ~ --~~ i . .,_ ~ I , ' , , ~ ~ ~ _'o""""'~~."'" . '. COMMONWEALTH OF PENNSYL VANIA BY ATTORNEY GENERAL D. MICHAEL FISHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - EQUITY OC:>~ 034'19 E!t..~~ y~ v. HARRISBURG CORPORATE LIMOUSINE SERVICE, INC 5215 SIMPSON FERRY ROAD SUITE 103 MECHANICSBURG, P A 17055 and VALERIE C. TAYLOR individually and as President of HARRISBURG CORPORATE LIMOUSINE SERVICE, INC. Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-33166 COURT ADMINISTRATOR 4m FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 - . COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - EQUITY /:.-2 -;~ $V-~W7'1 r' v. HARRISBURG CORPORATE LIMOUSINE SERVICE, INC 5215 SIMPSON FERRY ROAD SUITE 103 MECHANICSBURG, P A 17055 and VALERIEC. TAYLOR individually and as President of HARRISBURG CORPORATE LIMOUSINE SERVICE, INC. Defendants COMPLAINT IN EOUlTY AND PETITION FOR PERMANENT INJUNCTION AND NOW, this 6th day of June, 2000, comes the Commonwealth of Pennsylvania, acting by the Office of Attorney General, through the Bureau of Consumer Protection (hereinafter referred to as "Commonwealth"), who brings this action pursuant to the Act of December 17, 1968, P.L. 1224, No. 387, as amended by the Act of June 25, 1997, P.L. 287, No. 27, P.S. gg 201-1 - 201-9.3 ("Consumer Protection Law"), to restrain by Permanent Injunction unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce declared unlawful by g201-3 of the Consumer Protection Law. ,~ ~. '''-''''""",0lI1!,,_ I ,~ ''''-''',;1 In support thereof, the Commonwealth respectfully represents the following: I. The Plaintiff is the Commonwealth of Pennsylvania, acting by Attorney General D. Michael Fisher, through the Bureau of Consumer Protection ("Commonwealth"), on behalf of the citizens of the Commonwealth. 2. The Defendant, Harrisburg Corporate Limousine, Inc., is a Pennsylvania corporation which is engaged in trade or commerce within the Commonwealth of Pennsylvania through the sale of a transportation service from a registered place of business located at 5215 Simpson Ferry Road, Suite 103, Mechanicsburg, PA 17055. 3. The Defendant, Valerie C. Taylor, is an adult individual engaged in trade or commerce within the Commonwealth of Pennsylvania through the promotion and operation of a business providing transportation services, Harrisburg Corporate Limousine, Service, Inc. Defendant Valerie C. Taylor is the owner and president of Harrisburg Corporate Limousine, Service, Inc. 4. The Commonwealth has reason to believe that the Defendants, are using, have used or are about to use methods, acts or practices declared unlawful by the Consumer Protection Law. 5. The Commonwealth believes that the public interest is served by seeking before this Honorable Court a permanent injunction to restrain these methods, acts or practices. Further, the Commonwealth requests restitution, civil penalties and other appropriate relief. 6. At all times relevant and material hereto, the unlawful methods, acts, or practices complained of herein have been wilIfully used by the Defendants. 2 ~ ~ , , , :' 7. Based on its investigation, the Commonwealth alleges that Defendants engaged in conduct violative ofthe Consumer Protection Law. COUNT I DEFENDANTS FAILED TO PROVIDE SERVICES CONTRACTED FOR AND REPRESENTED THAT THEIR SERVICES HAD CHARACTERISTICS. USES AND BENEFITS THAT THEY DID NOT HAVE. 8. Paragraphs one through seven are incorporated herein by reference as if fully set forth herein. 9. Between January 1998 and December 1999, at least ten consumers entered into contracts with the Defendants for the Defendants' limousine service. 10. The Defendants require payment in full upon booking the service. 11. The Defendants engaged in a pattern or practice of failing to appear at the agreed upon time and place. The Defendants were either significantly late or completely failed to arrive at the agreed upon time and place with at least the following consumers: Angie Eagle and Brent Halpin; Colleen Lawrence; Thomas F. Samuel; Jacqueline R. Beane; Chad E. Turns; and Kurtis Moyer. 12. Despite the fact that Defendants failed to arrive at the agreed upon time and place, the Defendants did not provide a refund to at least the following consumers: Colleen Lawrence, Chad Turns, and Kurtis Moyer. 13. At least one consumer, Mo Humphreys, entered into a contract with Defendants for a dinner package, including dinner at the Accomac Inn, beverages, and five hours worth of transportation. 3 ,-~,~ '.Jt.~;_ ~ .- ". ~ ~~Io....i..,.w.-,,, 14. On the day before the contracted services were to be provided, Defendants indicated to consumer Humphreys that they no longer did business with this restaurant and that dinner at the Accomac Inn would not be included. 15. As a result, consumer Humphreys attempted to cancel the contract and Defendants demanded a cancellation fee, 16. Consumer Angela Hilliard, contracted for the use of Defendants' Rolls Royce. The Defendants subsequently notified consumer Hilliard that the Rolls Royce was unavailable because it had been in an accident and offered an older model limousine as a substitute. 17. Consumer Hilliard did not accept the substitute and the Defendants refused to provide a refund. 18. The Defendants also assured at least consumers Thomas Samuel and Chad Turns that refunds would be provided for vehicles they canceled if the vehicles were rented by someone else. 19. Despite the fact that Defendants rented consumers Samuel and Chad's canceled vehicles to another, the Defendants failed to provide them with a refund. 20. Defendant Valerie Taylor is the principal of Harrisburg Corporate Limousine Service, Inc., and had complete control over and participated in the day to day operations of Harrisburg Corporate Limousine, Inc., through at least making refund decisions and speaking with dissatisfied consumers. 21. The Commonwealth alleges that Defendants' conduct constitutes a violation of g201.3 ofthe Consumer Protection Law, as defined by gg201-2(4)(v) and (xxi): 4 :&""..,...",J.".".,;"""",,,,,~ (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have. (xxi) Engaging in any other fraudulent or deceptive conduct with creates a likelihood of confusion or of misunderstanding. WHEREFORE, the Commonwealth respectfully requests that this Court issue an Order: A. Finding that Defendants' conduct violates the Consumer Protection Law; B. Enjoining the Defendants from further violations of the aforementioned act; C. Mandating that the Defendants make appropriate consumer restitution through the Commonwealth; D. Directing the Defendants to satisfy any additional consumer complaints registered by any consumer who can demonstrate to the Court a similar legitimate loss as a result of their transactions with the Defendants; E. Directing the Defendants to forfeit and pay, jointly and severalIy, to the Commonwealth a civil penalty in the amount of one thousand dollars ($1,000.00) for each willful violation of the Consumer Protection Law and a civil penalty in the amount of three thousand dollars ($3000.00) for each willful violation of the Consumer Protection Law pertaining to a consumer age sixty or older; F. If necessary, appointing a receiver pursuant to Pa. R.C.P. No. 1533 to determine and collect the Defendants' assets and liquidate the same to satisfy this Order; and 5 '""'~ - -ro""""'" G. Granting such other relief as the Court deems necessary and appropriate to effectuate the purpose ofthe Consumer Protection Law. COUNT II DEFENDANTS CAUSED CONFUSION AND MISUNDERSTANDING BY CHARGING UNDISCLOSED FEES. 22. Paragraphs one through twenty-one (21) are incorporated herein by reference as if fully set forth herein. 23. Defendants accepted a telephonic reservation from consumer Keith Gohn. 24. Defendants never had consumer Gohn sign a contract and did not orally advise consumer Gohn of any additional fees, other than the fee for service. 25. Despite this lack of disclosure, Defendants charged consumer Keith Gohn's credit card an additional $300.00 for cleaning fees for smoking in the Defendants' vehicles. 26. The Defendant accepted telephonic reservations from Gwendolyn Ambrose, 27. Defendants never had consumer Ambrose sign a contract and did not orally advise consumer of any additional fees, other than the fee for service. 28. Despite this lack of disclosure, Defendants charged consumer Ambrose's credit card a 25% cancellation fee when the consumer canceled her contract with Defendants. 29. Defendant Valerie Taylor is the principal of Harrisburg Corporate Limousine Service, Inc., and had complete control over and participated in the day to day operations of Harrisburg Corporate Limousine, Inc. 30. The Commonwealth alleges that Defendants' conduct constitutes a violation of 6 - -_.' g201-3 of the Consumer Protection Law, as defined by gg201-2(4)(v) and (xxi): (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have. (xxi) Engaging in any other fraudulent or deceptive conduct with creates a likelihood of confusion or of misunderstanding. WHEREFORE, the Commonwealth respectfully requests that this Court issue an Order: A. Finding that Defendants' conduct violates the Consumer Protection Law; B. Enjoining the Defendants from further violations of the aforementioned act; C. Mandating that the Defendants make appropriate consumer restitution through the Commonwealth; D. Directing the Defendants to satisfy any additional consumer complaints registered by any consumer who can demonstrate to the Court a similar legitimate loss as a result oftheir transactions with the Defendants; E. Directing the Defendants to forfeit and pay, jointly and severally, to the Commonwealth a civil penalty in the amount of one thousand dollars ($1,000.00) for each willful violation of the Consumer Protection Lhw and a civil penalty in the amount of three thousand dollars ($3,000.00) for each willful violation of the Consumer Protection Law pertaining to a consumer age sixty or older; F. If necessary, appointing a receiver pursuant to Pa. R.C.P. No. 1533 to determine 7 - _--",",-:>i~~,_ I and collect the Defendants' assets and liquidate the same to satisfy this Order; and G. Granting such other relief as the Court deems necessary and appropriate to effectuate the purpose ofthe Consumer Protection Law. COUNT III DEFENDANTS ENGAGED IN MISLEADING ADVERTISING. 31. Paragraphs one through thirty (30) are incorporated herein by reference as if fully set forth herein. 32. Defendants advertised in the yellow pages ofthe General Telephone and Electric yellow pages and represented, among other things, the following: "Classic Rolls Royces," "The Superior Standard in Chauffeured Motorcars," "Dinner and Theater Packages," and "Celebrating a Decade of Exceptional Service to Central, PA." 33. Defendants' advertisements induced consumers to contract with Defendants. 34. Although Defendants advertised "The Superior Standard in Chauffeured Motorcars" and "Exceptional Service," Defendants failed to provide consumers a superior standard or exceptional service by engaging in a pattern or practice of failing to provide: the services contracted for; charging undisclosed fees; failing to provide the notice of cancellation, pursuant to g201-7; and refusing to issue refunds. 35. Defendant Valerie Taylor is the principal of Harrisburg Corporate Limousine Service, Inc., and had complete control over and participated in the day to day operations of Harrisburg Corporate Limousine, Inc. 8 1-' --..;-., 36. Defendants' conduct violates g201-3 ofthe Consumer Protection Law, as defmed by g20l-2(4)(v), (ix) and (xxi): (v) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (ix) Advertising goods or services with intent not to sell them as advertised; (xxi) Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or misunderstanding. WHEREFORE, the Commonwealth respectfully requests that this Court issue and Order: A. Finding that Defendants' conduct violates the Consumer Protection Law; B. Enjoining the Defendants from further violations of the aforementioned acts and from engaging in trade or commerce within the Commonwealth as a transportation service; C. Mandating that the Defendants make appropriate consumer restitution through the Bureau of Consumer Protection; D. Directing the Defendants to satisfy any additional consumer complaints registered by any consumer who can demonstrate to the Court a similar legitimate loss as a result of their transactions with Defendants; E. Directing the Defendants to forfeit and pay, jointly and severally, to the Commonwealth a civil penalty in the amount of one thousand dollars ($1,000.00) for each willful violation of the Consumer Protection Law and a civil penalty in the amount of three thousand 9 i. 11 "t. dollars ($3,000.00) for each willful violation ofthe Consumer Protection Law pertaining to a consumer age sixty or older; F. Ifnecessary, appointing a receiver pursuant to Pa. RC.P. No. 1533 to determine and collect Defendants' assets and liquidate the same to satisfy this Order; and G. Granting such other relief as the Court deems necessary and appropriate to effectuate the purpose ofthe Consumer Protection Law. COUNT IV DEFENDANTS FAILED TO PROPERLY PROVIDE NOTICE OF RIGHTS OF CANCELLATION. 37. Paragraphs one through thirty-six (36) are incorporated herein by reference as if fully set forth herein. 38. The Defendants entered into their contracts as a result of or in connection with a contact by the Defendants on consumers at their residences with at least the following consumers: Chad Turns, Keith Gohn, Thomas Samuel, and Colleen Lawrence. 39. All consumers mentioned in this count contracted for services in an amount greater than twenty-five ($25.00) dollars. 40. The Defendants failed to provide consumers with notice of cancellation rights as required by g20l-7 of the Consumer Protection Law. 41. Defendant Valerie Taylor is the principal of Harrisburg Corporate Limousine Service, Inc., had complete control over and participated in the day to day operations of Harrisburg Corporate Limousine, Inc. 10 ,~ " 'J_"_ 42. Defendants' conduct violates g201-3 of the Consumer Protection Law, as defined by gg201-2(4)(xxi) and 201- 7. WHEREFORE the Commonwealth respectfully requests that this Court issue and Order: A. Finding that Defendants' conduct violates the Consumer Protection Law; B. Enjoining the Defendants from further violations of the aforementioned act and from engaging in trade or commerce within the Commonwealth as a transportation service; C. Mandating that the Defendants make appropriate consumer restitution through the Bureau of Consumer Protection; D. Directing the Defendants to satisfy any additional consumer complaints registered by any consumer who can demonstrate to the Court a similar legitimate loss as a result oftheir transactions with Defendants; E. Directing the Defendants to forfeit and pay, jointly and severally, to the Commonwealth a civil penalty in the amount of one thousand dollars ($1,000.00) for each willful violation of the Consumer Protection Law and a civil penalty in the amount of three thousand dollars ($3,000.00) for each willful violation ofthe Consumer Protection Law pertaining to a consumer age sixty or older; F. Ifnecessary, appointing a receiver pursuant to Pa. R.C.P. No. 1533 to determine and collect Defendants' assets and liquidate the same to satisfy this Order; and G. Granting such other relief as the Court deems necessary and appropriate to effectuate the purpose of the Consumer Protection Law. 12 ,. , , COUNT V THE DEFENDANTS CAUSED CONFUSION AND MISUNDERSTANDING ABOUT THEIR ABILITY TO PERFORM UNDER THE CONTRACTS. 43. Paragraphs one through forty-two (42) are incorporated herein by reference as if fully set forth herein. 44. Since at least January 1,2000, the Defendants have regularly failed to notify consumers or confirm in advance the date upon which the Defendants were to perform the contracted for services. 45. Since March 2000, the Defendants' business phone number, 717-770-2200, has been disconnected. 46. Consumers who attempted to visit the Defendants place of business at 609 Ross Avenue, New Cumberland, were unable to contact any of the Defendants and found no signs of an ongoing business at that location. 47. In April 2000, the Defendants and Jeff Taylor met with Unique Limousine to discuss Unique taking over the Defendants' outstanding contracts. 48. Despite agreeing to do so, the Defendants have not provided Unique Limousine with the consumers' pre-paid monies for the transferred contracts in advance. 49. No one, including the Defendants, has informed the subject consumers of the transfer of service or that the purchased services would indeed be provided. 50. The Defendants attempted to transfer at least the following consumers' contracts to Unique Limousine, but have not necessarily provided Unique Limousine with payment for these contracts: Angie Eagle and Brent Halpin; Shannon Biller; Kim Stewart and Jeff Beard; 13 - ,"",j--, ~~~ ~ "~,~ . ~"~ ,ro,,,,. Kristi Shore and Same Wright; Christina Hayes and Ralph Moorehead; Jennifer Komaromy and Todd Young; and Billie Koons and Corey Lau. 51. In regard to consumers Angie Eagle and Brent Halpin and their May 27,2000, wedding, the Defendant never provided any of the consumer's funds to Unique Limousine. 52. In regard to consumer Shannon Biller's June 3, 2000, wedding, the Defendants only provided the pre-paid funds to Unique Limousine on June 2, 2000. 53. Due to the Defendants' failure to confirm the consumers' contracts and their inability to be reached by consumers, at least the following consumers were forced to hire limousine services from another vendor: Billie Koons and Corey Lau; Angie Eagle and Brent Halpin; and Shannon Biller. 54. The Defendants have failed to provide these consumers with refunds of the monies paid to the Defendants. 55. Defendant Valerie Taylor is the principal of Harrisburg Corporate Limousine Service, Inc., and had complete control over and participated in the day to day operations of Harrisburg Corporate Limousine, Inc. 56. The Defendants caused confusion and misunderstanding as to whether they would perform on their contracts. 57. The Defendants' conduct violates g201-3 of the Consumer Protection Law, as defined by gg201-2(4)(xxi). WHEREFORE the Commonwealth respectfully requests that this Court issue and Order: A. Finding that Defendants' conduct violates the Consumer Protection Law; 14 ~- - , i_ ~~ """~,.;;l,, B. Enjoining the Defendants from further violations ofthe aforementioned act and from engaging in trade or commerce within the Commonwealth as a transportation service; C. Mandating that the Defendants make appropriate consumer restitution through the Bureau of Consumer Protection; D. Directing the Defendants to satisfy any additional consumer complaints registered by any consumer who can demonstrate to the Court a similar legitimate loss as a result oftheir transactions with Defendants; E. Directing the Defendants to forfeit and pay, jointly and severally, to the Commonwealth a civil penalty in the amount of one thousand dollars ($1,000.00) for each wilIful violation of the Consumer Protection Law and a civil penalty in the amount ofthreethousand dollars ($3,000.00) for each wilIful violation ofthe Consumer Protection Law pertaining to a consumer age sixty or older; F. If necessary, appointing a receiver pursuant to Pa. RC.P. No. 1533 to determine and collect Defendants' assets and liquidate the same to satisfy this Order; and G. Granting such other relief as the Court deems necessary and appropriate to effectuate the purpose of the Consumer Protection Law. RESPECTFULLY SUBMITTED, BY: D.MICHAELFISHER D. MICHAEL FISHER ATTORNEY GENERAL BY: FRANK T. DONAGHUE FRANK T. DONAGHUE CHIEF DEPUTY ATTORNEY GENERAL 15 . DATE: D:\Hrsbrgco BY: BY: ~""~i,,,,,, Lf(STh~~~ DEPUTY ATTORNEY GENERAL ATTORNEY LD. No. 75958 '~ I L. FLITTON PUTY ATTORNEY GENERAL ATTORNEYLD. No. 58131 OFFICE OF ATTORNEY GENERAL 132 KLINE PLAZA HARRISBURG, PA 17104 717-787-7109 16 . , -~ ~ """"'=o~-k<i,~~, " .' '. VERIFICATION I, hereby verify that the statements made in the foregoing Commonwealth's Complaint in Equity are true and correct upon my information and belief. I understand that any false statements are subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. ~~~~~ lton Palmer Agent Bureau of Consumer Protection Date: ~~ ?- (!!J{) ,,' -~~ -~ __L= '-~~~~"'~<'""'~"'-"I'"J""M~J;j"""SoIi"lLy~'!1~1tI['j1ll. ~~j\j-~'""~" ......-......."""""""""".""- , --~ ,.. c_, '......"'-qii;llill"~~.,. ,-, - m-< ~ ~ ~ ~ ~h s:> & 8 a .0 ..... ~ & I~ 6' ~ f!~ 0...... ~ o ~;; "': ~F; 7-' ~ ""---"..' ~:~:~ r::;C:i ~O 'c_f) 5>c ~ IlJ ,t,~ ., .' CJ C:.1 o -n ~~JJ ij =.~ts ~:Q ~ ;!~ -H :.,:..:(') C~rn .-; )> ::D -< ,._~ ~,;~ co ~:::'"' ~..;- '2 ,:- ,. ~ I_W''''~" .~ t' ~ ~~- "~ ",.i~:,~ COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D, MICHAEL FISHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - EQUITY 00-3479 Equity Term v. HARRISBURG CORPORATE LIMOUSINE SERVICE, INC 5215 SIMPSON FERRY ROAD SUITE 103 MECHANICSBURG, PA 17055 and VALERIEC. TAYLOR individually and as President of HARRISBURG CORPORATE LIMOUSINE SERVICE, INC. Defendants RETURN OF SERVICE Attached hereto please fmd an original Return of Service executed by Agent Milton Palmer, of the Office of Attorney General, Bureau of Consumer Protection. Agent Palmer served Defendants Harrisburg Corporate Limousine Service, Inc., and Valerie C. Taylor with the Commonwealth's Complaint in Equity and Petition for Permanent Injunction. odi L. Flitton Deputy Attorney General Attorney J.D. No. 58131 Office of Attorney General 132 Kline Plaza Harrisburg, P A 17104 717-787-7109 Date: d~ JUtJJO06 " '- "._'~.~,' ( \ , AFFIDAVIT OF SERVICE I, Milton E. Palmer, being duly sworn according to law depose and state that I am a Senior Agent for the Harrisburg Regional Office of the Bureau of Consumer Protection, Office of Attorney General, and I hereby certify that on Thursday, June 8, 2000 at 11 :35 A.M., I personally served the defendants Harrisburg Corporate Limousine Service, Inc. and Valerie C. Taylor individually and as President of Harrisburg Corporate Limousine Service, Inc. at the following residence: Valerie C. Taylor 344 East Meadow Drive Mechanicsburg, PA 17055 ;f~~~' ~ ilton E. Palmer Sworn to and subscribed before me this My Commission Expires: . NOTARIAL SEAL SANDRA!.. AC:'iEV, IU'''JI Public ~.I""'l""'r.bu-'~ ill _' C {"> . ,~. .';;':,flol liJ, UUU~';'im (...c.unty My Commission Expittls May 6, 2003 .-" ;~'--~''';; '"""""-'-~~~W_lIS',"~W_~~t_~.~ ,-~- ~- -~ -,~ ~~ ~~.~ -,-,-' ..' ~'--' .'~ '~/iijl """""" " r rr~ I , , i " J l f 0 c, (" C C:J ~, s: L_ .~,.! -00; ,C= ..,~ ITlrTi -~ - -;"; .01... .;:-=;;:. ZX; C) " 'tn ZC" ,jC;J (f>P- C:f . -<-'" <~!Q kG -0 ?S~~ ~() :jf; -0 ;~ :;';:J:1' )>c 0' Z ~ ~ :0 -< . ...- .l. ."., . '.JtI . I . " ",',,' ,,~ .- ." "'~ 'j\". ~ i r ...... COMMONWEALTH OF PENNSYLVANIA, by D. MICHAEL FISHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3479 HARRISBURG CORPORATE LIMOUSINE SERVICE, INC. and VALERIE C. TAYLOR, individually, and as President of Harrisburg Corporate Limousine Service, Inc., CIVIL ACTION - EQUITY Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO: Curt Long, Prothonotary Please enter the appearance of the undersigned on behalf of Defendants in the above-captioned proceeding. MILLER and MILLER By s R. Miller, Esquire I. . No. 49801 G. Thomas Miller, Esquire LD. No. 07219 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 Telephone: (717) 232-0750 Attorneys for Defendants July 6, 2000 ... . CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe for Entry of Appearance was served upon Plaintiff this 6th day of July, 2000. The Honorable D. Michael Fisher Attorney General Commonwealth of Pennsylvania Strawberry Square Harrisburg, PA 17101 O;;(,'5~;.:rz,;;'~;'; i;i~-}-~ "'-', ~" '" ~"""^ "~--~'';; I!] ~, ." '.ffi .,_ ="_"""..=~_, llo- ~ ~""'d.~1III .'~ ;,."." (') C ~~ Z-r.; (f).,.':-;>, =<:-"--: r:::C '<:: ""'O>() 2:0 ~C ~ C) C) L_ ,; .. .. --,;..c..: ~, ;..:-, .,- .~-- -'-", ':2~ i~~~ "'-\ 55 =-< ~ '0 .' .;:> ,..:> ft:f:;f~,t:tj%Klf';%.;s-~] d~" , ~ , lis ~ '. ,. COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D, MICHAEL FISHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - EQUITY v. HARRISBURG CORPORATE LIMOUSINE SERVICE,INC. 5215 SIMPSON FERRY ROAD SUITE 103 MECHANICSBURG, PA 17055 00-3479 EQUITY 2000 and VALERIEC. TAYLOR individually and as President of HARRISBURG CORPORATE LIMOUSINE SERVICE, INC. Defendants ORDER AND NOW, this ~day of February, 2001, upon consideration ofthe parties Consent Petition for Permanent Injunction it is hereby ORDERED that the terms of the Consent Petition are adopted and incorporated herein and that Defendants Harrisburg Corporate Limousine Service, Inc., and Valerie C. Taylor shall comply with, and are permanently enjoined from violating pursuant to g201-40fthe Consumer Protection Law, all terms and conditions of the Consent Petition. A final judgment and decree shall be entered against Defendants, jointly and severally, and in favor of the Commonwealth in the amount of$6,OOO.OO, to be disbursed in ~ofJo ~ accordance with the terms of the Consent Petition. OJ '-'"'~.' ~ ~,~Mm~1!"'!lI' """"'~~"- L~~.~ mUB f.' nr. '-.., O! FtT: -.:: LL 0 . ., -,"-C',',___.n' ''IT:\p',( ',/", u~ ,1 t. I 1 il ..J~ D C'J"-r'. lill'iG,.::ni../:"U 1Y11'j'\frv r"ICI\ 'VV I , t'oJNSYLVANIA .. "~". .,~~~~~~~~JE\,'l)iw.-~i)fl;tilIi~-llJii!t!W!l~1I~U~!~~~J1'~_1""~ 1J.JW1!i!!MIJil-! J_ __ i.1 " ;2, A COMMONWEALTH OF PENNSYL VANIA BY ATTORNEY GENERAL D. MICHAEL FISHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CML ACTION - EQUITY v. HARRISBURG CORPORATE LIMOUSINE SERVICE, INC. 5215 SIMPSON FERRY ROAD SUITE 103 MECHANICSBURG, PA 17055 00-3479 EQUITY 2000 and VALERIE C. TAYLOR individually and as President of HARRISBURG CORPORATE LIMOUSINE SERVICE, INC. Defendants CONSENT PETITION FOR PERMANENT INJUNCTION AND FINAL DECREE WHEREAS, the Commonwealth of Pennsylvania, acting by the Office of Attorney General through the Bureau of Consumer Protection ("Commonwealth"), has filed a Complaint in Equity and Petition for Permanent Injunction in the above-captioned matter pursuant to the Act of December 17, 1968, P.L. 1224, No. 387, as amended by the Act of June 25, 1997, P.L. 287, No. 27, 73 P.S. g~201-1-20l-9.3 ("Consumer Protection Law") to restrain by permanent injunction unfair or deceptive acts or practices in the conduct of trade or commerce declared unlawful by g201-3 of the Consumer Protection Law, as more fully set forth in the Complaint in Equity and incorporated herein; and I j O"----.~l-t:: ~ WHEREAS, the Defendant, Harrisburg Corporate Limousine Service, Inc., is a Pennsylvania corporation engaged in trade and commerce throughout the Commonwealth through the sale of transportation services from a registered place of business located at 5215 Simpson Ferry Road, Suite 103, Mechanicsburg, PA 17055; and WHEREAS, the Defendant, Valerie C. Taylor is an adult individual engaged in trade or commerce within the Commonwealth through the promotion and operation of a business providing transportation services, Harrisburg Corporate Limousine, Service, Inc. Defendant Valerie C. Taylor is the owner and president of Harrisburg Corporate Limousine, Service, Inc.; and WHEREAS, based upon its investigation, the Commonwealth believes that the Defendants have engaged in conduct in violation of the Consumer Protection Law, 73 P.S. gg201-1-201-9.3; and WHEREAS, the Commonwealth has alleged that the Defendants have engaged in the following practices: a. Failed to perform to the terms of the contract; b. Failed to return customers' money for services not rendered; c. Failed to utilize a Notice of Cancellation consistent with 9201-7 of the Consumer Protection Law; d. Represented that their services had characteristics, benefits and uses that they did not have; e. Engaged other fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding; and f. Advertised services with intent not to sell them as advertised. 2 - WHEREAS, the Commonwealth alleges that Defendants conduct constitutes a violation of g20l-3 ofthe Consumer Protection Law, as defined by g~201-2(4)(v), (ix), (xxi), and g201-7. WHEREAS, the parties are agreeable in this matter to accept this Consent Petition for Permanent Injunction and Final Decree in lieu of proceeding to trial; and WHEREAS, the Defendants agree by the signing of this Consent Petition to recognize any and all obligations, liabilities, responsibilities and encumbrances as set forth in this Consent Petition, and they agree that said obligations, liabilities, responsibilities and encumbrances are nondischargeable under 11 U.S.C. ~523(a)(2) and (7). The Defendants further stipulate that the consumer restitution encompassed herein represents debts entitled to treatment under 11 U.S.C. g507(a)(6) as a consumer priority. NOW THEREFORE, the Defendants having conducted business in the Commonwealth, agree for themselves, their successors, assigns, officers, agents, employees, representatives, and all other persons acting on their behalf, individually or jointly, directly or through any corporate device, as follows: J. Defendants Harrisburg Corporate Limousine Services, Inc., and Valerie C. Taylor shall comply with any and all provisions of the Consumer Protection Law, 73 P.S. gg201-1-201-9.3, and shall be permanently enjoined from any violation thereof. II. Upon signing the Consent Petition, the Defendants shall be jointly and severally liable for and forfeit and pay four thousand one hundred and ninety-one dollars ($4,191.00) to the Commonwealth as consumer restitution for the nine (9) consumers identified in Attaclnnent A, said to be distributed by the Commonwealth in accordance with Attaclnnent A. In the event any consumer files a complaint with the Commonwealth within sixty (60) days of the date of approval 3 - i_,1 1IllI~: " of this Consent Decree relating to Defendants' failure to perform their contract for services after Defendants' have taken money from the consumer in advance of performing such services, Defendants agree to make full restitution to the consumer provided that the complaint is verified and/or notarized, subject to the parties' verification of the claim, which the Defendants agree to not unreasonably withold. IIJ. The Defendants shall be jointly and severally liable for and forfeit and pay eight hundred and nine dollars ($809.00) to the Commonwealth as civil penalties according to the payment plan delineated in paragraph V. IV. The Defendants shall be jointly and severally liable for and forfeit and pay one thousand dollars ($1,000.00) to the Commonwealth as costs of investigation and/or future public protection purposes, according to the payment plan delineated in paragraph V. V. The payment plan consists of the following terms, the violation of which constitutes a violation of this Consent Petition: a. On or before February 1, 2001, Defendants shall pay one hundred and fifty dollars and seventy five cents ($150.75). b. Beginning on the first day of the month immediately following the initial payment, Defendants shall make monthly payments to the Commonwealth of one hundred and fifty dollars and seventy five cents ($150.75) for eleven months. VI. In the event that the Defendants fail to make anyone payment within thirty (30) days after the due date of the payment, or if the Defendants are late by five (5) or more days in making any two payments, regardless of whether they are consecutive or non-consecutive, the 4 ~ " ". ....l.,;; Commonwealth, at its sole option, may accelerate the debt and declare the entire unpaid balance immediately due and owing. Upon written demand, the Defendants shall immediately make full payment of the accelerated amount. Failure to so pay the accelerated amount shall be deemed a violation of this Consent Petition and shall subject the Defendants to all of the sanctions and penalties provided for by this Consent Petition and otherwise by law. VII. All payments required by this Consent Petition shall be made by certified check, cashier's check or money order, made payable to the Commonwealth of Pennsylvania, and delivered to the Bureau of Consumer Protection, 132 Kline Plaza, Harrisburg, P A 17104. VIIJ. The Commonwealth and the Defendants hereby stipulate that the Order of Court to be issued pursuant to this Consent Petition for Permanent Injunction, or the Court's approval of this Consent Petition, shall be the fmal judgment and decree in this matter and shall be a permanent injunction issued under g201-4 of the Consumer Protection Law. Any violation of this Consent Petition or the Order of Court accompanying it shall be sufficient cause for the Attorney General to seek penalties as provided in gg201-8, 201-9, and 201-9.1 of the Consumer Protection Law and any other equitable remedies available to the Attorney General. IX, The Court shall maintain jurisdiction over the subject matter of this Consent Petition and over the Defendants Harrisburg Corporate Limousine Service, Inc., and Valerie C. Taylor for the purpose of enforcing the Consent Petition and the Permanent Injunction entered pursuant thereto. X, Provided, however, that nothing contained herein shall be construed to waive any right of action by any consumer or any local state, federal or other government entity. NOW THEREFORE, before any testimony or evidence has been taken herein, and without trial or adjudication of the facts or law herein, Defendants agree to the signing of this Consent 5 , ~. J i ~.~<):>- - , . . . Petition for Permanent Injunction, and to this Court hereby ordering that they shall be permanently enjoined from breaching any and all of the aforementioned provisions. This Consent Petition shall serve as notice to Defendants Harrisburg Corporate Limousine Service, Inc., and Valerie C. Taylor of said injunction within the meaning of g20l-8 of the Consumer Protection Law. WE HEREBY consent to this Consent Petition and submit the same to this Honorable Court for the making and entry of a final Order and Decree of the Court, this j {J1fl day of ,2001. ALE E Individua HARRI CORPORATE LIMOUSINE SERVICE, INC. DEFENDANTS BY: D. MICHAEL FISHER D. MICHAEL FISHER ATTORNEY GENERAL BY: FRANK T. DONAGHUE FRANK T. DONAGHUE CHIEF E UTY TTORNEY GENERAL BY: M CHAEL . ARNAN DEPUTY ATTORNEY GENERAL ATTORNEY ID NO. 69158 '~ BY TIIct~~ESQ MILLER AND MILLER 113 LOCUST STREET P.O. BOX 709 HARRISBURG, PA 17108-0709 ATTORNEY FOR DEFENDANTS JODI L. FLITTON DEPUTY ATTORNEY GENERAL ATTORNEY ID NO. 58131 OFFICE OF ATTORNEY GENERAL 132 KLINE VILLAGE HARRISBURG, PA 17104 6 "" . . L Exhibit A George Perry $195.00 435 Bethany Drive Mechanicsburg, P A 17055 Keith Golm $300.00 P.O. Box 406 Mt. Gretna, PA 17064 Colleen Lawrence $195.00 7636 Patterson Circle Harrisburg, PA 17112 Chad Turns $747.50 4092 Darius Drive Eno1a, P A 17025 Sally Beller $1,25350 410 E. Marble Street Mechanicsburg, PA 17055 Christina (Hayes) Moorhead $402.50 46 Peters Ave. Middletown, P A 17057 Cindy Shore $545.00 2029 Lincoln Street Camp Hill, P A 17011 Margaret Glusco $402.50 33 Maggie Circle York, PA 17402 Bil1i~ ~oons $150.90 3520 Athena Ave. Harrisburg, PA 17110 $4,191.00 Ol/~ <;9/01 10... ~ J . . '~ . ,.-. . 'illiWj_IIli~~iH'; . . :11t1{IiSfi'i'I!'W'H':'''''',,;-.l!i''''''''-''''''~tO-'^'.''"'''''''"''''-' ~m",,1 "_,,. ~,. ~ " c ."O~ ~~- . . ? -0 ~p (0 Q---:-Q~ ~ ~ C> 1t- c D 1+ .--, , '., p ---- - - ""<.\ ~ ~ 0 - --...:::l I --.L:::- tQ '2 ~ 1- Cl ~ '=> .-b o C ? -oFf' SF~t: "";71-- 0"5>~ -</. ~.:c; ~C~ bc) PC Z ~ 11II ~. , . C, ..." r"r'j 0" I 0'1 "'\:, :c::,,-' ( =?t9 "-', i ~i~t, Z.~~S -t~)m -1 ;E: ~ 3:: 1"'-' <;0 &;