Loading...
HomeMy WebLinkAbout07-1188COMMONWEALTH OP PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BYATTOKNEY GENERAL OF CUMBERLAND COUNTY T'130MA5 W. CORBET'T, .IR. Plaintiff v. CIVIL ACTION -EQUITY CARLISLE AUTO BODY & COLLISION, INC. 519 SOUTH HANOVER STREET : No. EQUITY 2007 CARLISLE, PA 17013 Res ondent ~~ ~' p ASSURANCE OF VOLUNTARY COMPLIANCE WHEREAS, the Commonwealth of Pennsylvania, by Attorney General Thomas W. Corbett, Jr., through the Bureau of Consumer Protection ("Commonwealth"), has caused an investigation to be made into the business practices of Carlisle Auto Body & Collision, Inc. (hereinafter identified as Respondent) pursuant to the Unfair Ti°ade Practices and Consumer Protection Lang, 73 P.S. ~§ 201-1--201-9.3 ("Consumer Protection Law") and the Automotive Industry Ti°ade Practice Regulations, 37 Pa. Code §§ 301.1--301.6 ("Auto Regs"); and WHEREAS, Respondent Carlisle Auto Body & Collision, Inc., is a Pennsylvania corporation engaged in trade and commerce within the Commonwealth by providing auto body and car restoration services from a principal place of business located at 519 South Hanover Street, Carlisle, PA 17013. Vincent P. Scalavino is the president of Respondent; and WHEREAS, based upon its investigation, the Commonwealth asserts that the Respondent has engaged in conduct which violated the Consumer Protection Law, 73 P.S. ~~ 201-1-- 201- 9.3, and the Auto Regs, 37 Pa. Code §~ 301.1--301.6, as more fully set forth below: On or about November 30, 2005, agents of the Commonwealth observed 2 motor vehicles with prices on the windshield located at 519 South Hanover Street, Carlisle, PA 17013; and 2. Vincent Scalavino indicated to these agents that both cars were for sale and that they had been in previously for repairs, but since the repairs were never paid for he was attempting to sell them to recoup his money; and 3. These cars were also advertised in the Auto Locator; and 4. Neither the Respondent nor Vincent Scalavino is a licensed as an automobile dealership or salesman; and 5. Despite this initial contact and interaction with our Office, the Respondent continued to engage in unlicensed sales activity by selling over 5 vehicles in the calendar year 2006 in violation of ~ 301.1 of the Auto Regs and ~ 201-2(4)(v) and (xxi); and 6. The Auto Regs, 37 Pa. Code § 301.1, define a "dealer or motor vehicle dealer" as a person who sells or negotiates the sale of five or more vehicles within the same calendar year or who sells a vehicle for another. The Board of Vehicles Act, 63 P.S. § 818.5, requires that motor vehicle dealers be licensed by the Department of State; and WHEREAS, the Respondent has agreed to cease and desist from the aforementioned conduct and desires to comply with these civil laws of the Commonwealth of Pennsylvania; and WHEREAS, the Commonwealth is agreeable in this matter to accept this Assurance of Voluntary Compliance, pursuant to § 20l -5 of the Consumer Protection Law, in lieu of commencing proceedings pursuant to ~ 20l -4 of the Consumer Protection Law; and NOW THEREFORE, while engaging in trade or commerce within the Commonwealth of Pennsylvania, the Respondent agrees for itself, its officers, successors, partners, agents, present and future corporations, representatives, employees, and all other persons acting on his behalf, jointly or individually, directly or indirectly, oi• through any corporate or business device, as follows: The Respondent shall comply with any and all provisions of the Consumer Protection Law and the Auto Regs, and is permanently enjoined from any violation thereof. II. Specifically, the Respondent is permanently enjoined from acting as a motor vehicle dealer until he obtains the required license issued by the Pennsylvania Department of State pursuant to 63 P.S. ~ 818.5. III. Upon signing, the Respondent shall pay one Thousand dollars ($1,000.00) to the Commonwealth as costs to be deposited interest-bearing account, to be used for public protection and educational purposes in accordance with the payment plan delineated in paragraph IV. IV. The payment plan consists of the following terms, the violation of which constitutes a violation of this Assurance of Voluntary Compliance: a. Upon signing, the Respondent shall pay two hundred dollars ($200.00). b. On the first day of the month immediately following the signing of this Assurance of Voluntary Compliance, and continuing for four (4) additional consecutive months, Respondent shall make a monthly payment to the Commonwealth of one hundred and thirty-three dollars and thirty-three cents ($133.33). Beginning on the first day of the month immediately following the five (5) monthly payments described in paragraph IV.b., above, the Respondent shall make a final monthly payment to the Commonwealth of one hundred and thirty-three dollars and thirty-five cents ($133.35). V. In the event that the Respondent fails to make any one payment within thirty (30) days after the due date of the payment, or if the Respondent is late by five (5) or more days in making any two payments, regardless of whether they are consecutive or non-consecutive, the Commonwealth, at its sole option, may accelerate the debt and declare the entire unpaid balance immediately due and owing. Upon written demand, the Respondent shall immediately make full payment of the accelerated amount. Failure to so pay the accelerated amount shall be deemed a violation of this Assurance of Voluntary Compliance and shall subject the Respondents to all of the sanctions and penalties provided for by this Assurance of Voluntary Compliance and otherwise by law. VI. Any and all payments due and owing under this Assurance of Voluntary Compliance shall be made by certified check, cashier's check, attorney's check or money order, made payable to the Commonwealth of Pennsylvania, and forwarded to the Office of Attorney General, Bureau of Consumer Protection, 301 Chestnut Street, Suite 105, Harrisburg, Pennsylvania 17101. V1I. The Court shall maintain jurisdiction over the subject matter of this Assurance of Voluntary Compliance and over the Respondent for the purpose of enforcing this Assurance of Voluntary Compliance. VIII. Provided that nothing contained herein shall be construed to waive any individual right of action by a consumer or a local, state, federal, or other governmental entity. NOW THEREFORE, the parties hereby stipulate that this Assurance of Voluntary Compliance shall have the same force and effect as a permanent injunction issued under X201-4 of the Consumer Protection Law, so that any violation of this Assurance of Voluntary Compliance shall be sufficient cause for the Attorney General of this Commonwealth to seek penalties as provided in ~ X201-8, 201-9 and 201-9.1 of the Consumer Protection Law and any other equitable relief which the Court deems necessary or proper. Witness this ~~ day of FOR THE PLAINTIFF: BY: THOMAS W. CORBETT, JR. AT ORN Y GENE B Y: IL.ZUCCO PUTY ATTORNEY GENERAL ATTORNEY LD. NO. 58131 2007. FOR THE RESPONDENT: • w BY: ~`" VINCENT P. SCALAVINO PRESIDENT, CARLISLE AUTO BODY & COLLISION, INC BY: ~_~~~ KATHRYN H. SILCOX DEPUTY ATTORNEY GENERAL ATTORNEY LD. NO. 81735 OFFICE OF ATTORNEY GENERAL 301 CHESTNUT STREET, SUITE 105 HARRISBURG, PA 171.01 (717)787-7109 '~ vl ~~ ~ ~ c ~° ~ ~ ~ ~ ~ c c-> ~~~ rv C ~~ ~~ ~:_ C~ T --1 T r ~ ~,~.~ ~,: ,~~~ J _, COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BYATTORNEY GENERAL OF CUMBERLAND COUNTY THOMAS W. CORBETT, JR. Plaintiff v. CIVIL ACTION -EQUITY CARLISLE AUTO BODY 8~ COLLISION, INC. 519 SOUTH HANOVER STREET 07-1188 CIVIL TERM CARLISLE, PA 17013 PRAECIPE TO MARK THIS ACTION SETTLED AS TO MONETARY While the parties agree that the Court shall maintain jurisdiction over the subject matter of this Assurance of Voluntary Compliance and the Respondents for the purpose of enforcing the Assurance of Voluntary Compliance and the Permanent Injunction entered pursuant thereto; the Commonwealth moves, pursuant to a request from Respondent to mark this action settled as to monetary provisions only. Respectfully submitted, THOMAS W. CORBETT, JR. ATTORNEY GENERAL OODI L. ZUCCO V DEPUTY ATTORNEY GENERAL ATTORNEY I.D. No. 58131 Date: ~~~~ KATHRYN H. SILCOX DEPUTY ATTORNEY GENERAL ATTORNEY I.D. No. 81735 301 CHESTNUT STREET, SUITE 105 HARRISBURG, PA 17101 TELEPHONE: (717) 787-7109 r ~M /Q ~ ~ ~ FAX: (717) 772-3560 r CERTIFICATE OF SERVICE I, Jodi L. Zucco, hereby certify that on ~~~ ~5' 20©~ ~ I caused to be served a true and correct copy of the foregoing document titled Praecipe to Mark This Action Settled as to Monetary Provisions by first class mail to the following: VINCENT SCALAVINO, PRESIDENT CARLISLE AUTO BODY 8~ COLLISION, INC. 519 SOUTH HANOVER STREET CARLISLE, PA 17013 By: Jo .Zucco D ty Attorney General ?~ r- ca .. r -ri _. ---1 .L `~ G ~ .: ~._ _~.. = C" ,_~ ~ ~; ~~ h) O