HomeMy WebLinkAbout03-0872COMMONWEALTH OF PENNSYLVANIA
BY ATTORNEY GENERAL
D. MICHAEL FISHER,
Plaintiff
BARBARA D. HOFFMAN d/b/a KIMBERLY'S
BRIDAL & FORMAL,
3806 MARKET STREET
CAMP HILL, PA 17011,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
2003
ASSURANCE OF VOLUNTARY COMPLIANCE
WHEREAS, the Commonwealth of Pennsylvania, acting by the Office of Attorney General
through the Bureau of Consumer Protection ("Commonwealth"), has caused an investigation to be
made into the activities of Barbara D. Hoffman d/b/a Kimberly's Bridal & Formal ("Respondent"),
pursuant to the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§201-1--201-9.3
("Consumer Protection Law"); and
WHEREAS, Respondent, Barbara D. Hoffman, is an adult individual engaged in trade and
commerce throughout the Commonwealth through the sale of bridal gowns, bridesmaids dresses and
various bridal merchandise from a principal place of business, Kimbefly's Bridal & Formal, located
at 3806 Market Street, Camp Hill, Pennsylvania 17011; and
WHEREAS, based upon its investigation, the Commonwealth believes that Respondent has
engaged in conduct in violation of the Consumer Protection Law, 73 P.S. § §201-1--201-9.3; and
WHEREAS, the Respondent accepted either down payments or payment in full from
consumers for the purpose of placing orders for merchandise;
WHEREAS, in some cases consumer orders were never placed and in others the orders were
placed but not paid in full; and
WHEREAS, in either event, consumers never received the merchandise that they paid the
Respondent to place; and
WHEREAS, despite the fact that the consumers never received the merchandise that they
paid the Respondent to place, the Respondent did not refund the consumers' money; and
WHEREAS, the Commonwealth alleges that Respondent's conduct violates §201-3 of the
Consumer Protection Law, as defined by §§201-2(4)(v) and (xxi).
WHEREAS, the Respondent is desirous of complying with these civil laws of the
Commonwealth and has agreed to cease and desist from the aforementioned conduct; and
WHEREAS, under the Consumer Protection Law this Assurance of Voluntary Compliance
shall not be considered an admission of a violation for any purpose; and
WHEREAS, this Assurance of Voluntary Compliance is accepted by the Commonwealth
pursuant to §201-5 of the Consumer Protection Law in lieu of commencing statutory proceedings
under §201-4.
WHEREAS, Respondent agrees by the signing of this Assurance of Voluntary Compliance
to recognize any and all obligations, liabilities, responsibilities and encumbrances as set forth in this
Assurance, and she agrees that said obligations, liabilities, responsibilities and encumbrances are
nondischargeable under 11 U.S.C. §523(a)(2) and (7). Respondent further stipulates that the
consumer restitution encompassed herein represents debts entitled to treatment under 11 U.S.C.
§507(a)(6) as a consumer priority.
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NOW THEREFORE, Respondent having conducted business in the Commonwealth, agrees
for herself, her successors, assigns, officers, agents, employees, representatives, and all other persons
acting on her behalf, individually or jointly, directly or through any corporate device, as follows:
I. Respondent, Barbara D. Hoffman, shall comply with any and all provisions of the
Consumer Protection Law, 73 P.S. §§201-4--201-9.3, and shall be permanently
enjoined from any violation thereof.
II.
Upon signing the Assurance of Voluntary Compliance, the Respondent shall pay
Twenty Thousand Three Hundred Thirty-six Dollars and Ninety-one Cents
($20,336.91) to the following list of consumers, in the following amounts:
1. Alexander, Stacy 110.00
2. Arnold, Elizabeth 100.00
3. Beam, Deborah 61.21
4. Beaver, Heather 65.19
5. Bell, Stacy 151.00
6. Black, Angela 91.16
7. Blosser, Shannon 461.50
8. Bonds, Tara 201.93
9. Boor, Christina 92.00
10. Bower, Christy 103.12
11. Bressi, Christine 272.51
12. Broadwater, Charlene 142.04
13. Brownawell, Marlin 689.00
14. Buckley, Amanda 244.59
15. Burnham, Ruth 322.24
16. Burnley, Sandra 402.80
17. Caucci, Nicole 85.00
18. Cherry, Ashley 68.47
19. Chisholm-Lee, Tonia 413.40
20. Cilluffo, Roseanne 1,306.45
21. Conrad-Bressi, Katy 345.00
22. DeSantis, Jeanine 457.10
23. Dobson, Heather 454.74
24. Drda, Suzanne 83.47
25. Dwyer, Rosemary 1,546.90
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26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
Epoca, Karen
Epting, Tiffany
Fesus, Cassandra
Forti, Christine
Fuller, Dawn
Gardner, Bobbie
Gibson, Cassandra
Gomez, Johanna
Gonzalez, Yajaira
Gulden, Ami
Hanna, Heather
Hartlaub, Lisa
Hoffman, Ashley
Hollenbeck, Jane
Hurter, Michelle
Isenberg, Elke
Kennedy, Kimberly
Leibold, Jennifer
Lohnas, Richard
Madeira, Jody
Maeyer, Julie
Marique, Angela
Martin, Elizabeth
Martin, Megan
McCoy, Michelle
McFarland, Tonya
Mulford, Lisa
Myers, Michele
Nielson, Joan
Norton, Stacey
Orwan, Cynthia
O'Sullivan, Sandra
Pankake, Nicole
Peters, Marianne
Pontius, Jennifer
Posatko, Portia
Powell, Kimberly
Powley, Danna
Prince, Sheri
Rupp, Kelly
Searfoss, Jennifer
Simoncelli, Christine
Specht, Carin
246.45
103.12
202.72
877.12
50.00
237.65
85.37
495.55
123.22
304.30
102.50
579.44
80.00
68.47
433.34
210.00
103.13
98.37
91.45
107.33
400.00
500.65
107.33
103.61
250.00
92.00
83.34
66.99
1384.71
99.37
141.52
104.58
131.17
144.63
325.00
227.00
103.62
466.40
158.99
85.00
333.95
111.30
103.12
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III.
IV.
69. Sterne, Emily 395.00
70. Stough, Linda 278.12
71. Stutzman, James 424.00
72. Sweigart, Heather 83.47
73. Tozzi, Angela 29.68
74. Tregea, Rayanne 39.00
75. Tumbaugh, Barbara 102.26
76. Tymon, Eileen 279.40
77. Ulsamer, Donna 103.13
78. Vajdic, Thomas 123.22
79. Weihel, Tonya 35.00
80. Wood, Lisa 50.00
TOTAL $20,336.91
Respondent understands that the above list is the restitution owed to date, however,
any consumer who receives a full refund from any other source, e.g. a credit card
chargeback, will not be entitled to additional restitution. The Commonwealth has
received additional complaints and once a restitution number is determined,
Respondent shall make full restitution to these additional consumer complainants
within 30 days of notification of the amount owed. Also, in the event that any
additional consumers file a complaint with the Commonwealth within sixty (60) days
of the date of the press release pertaining to this Assurance, Respondent agrees to
make full restitution to these consumers provided that the complaints are verified
and/or notarized, subject to the parties' verification of the claim, which the
Respondent agrees to not unreasonably withhold.
Upon signing this Assurance of Voluntary Compliance, the Respondent shall pay
One Thousand Five Hundred Dollars ($1,500.00) to the Commonwealth as civil
penalties.
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go
VI.
VII.
VIII.
Upon signing this Assurance of Voluntary Compliance, the Respondent shall pay
Three Thousand Dollars ($3,000.00) to the Commonwealth as costs of investigation
and/or for future public protection purposes.
All payments required by this Assurance of Voluntary Compliance shall be made by
certified check, cashier's check or money order, made payable to the Commonwealth
of Pennsylvania, and forwarded to the Bureau of Consumer Protection, 301 Chestnut
Street, Suite 105, Harrisburg, PA 17101.
The Court shall maintain jurisdiction over the subject matter of this Assurance of
Voluntary Compliance and over Respondent for the purpose of enforcing the
Assurance of Voluntary Compliance entered pursuant thereto.
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.
Witness this ,2 7
FOR THE PLAINTIFF:
D. MICHAEL FISHER
D. MICHAEL FISHER
ATTORNEY GENERAL
BY:
day of ,~,~~.~ ,2003.
FOR THE RESPONDENT:
ARBARA D. HO1/t~MAI~, OWNER
KIMBERLY'S BRIDAL & FORMAL
FRANK T. DONAGHUE
FRANK T. DONAGHUE
CHIEF DEPUTY ATTORNEY GENERAL
BY:
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BY:
SETH A. MENDELSOHN
DEPUTY ATTORNEY GENERAL
ATTORNEY I.D. NO. 77063
BY:
~'AC(~.UELINE M. VERNEY, ESQ.(_J
44 S. HANOVER STREET
CARLISLE, PA 17013
ATTORNEY FOR RESPONDENT
BY:
/~DI L. ZUCCO
~t~EPUTY ATTORNEY GENERAL
ATTORNEY I.D. NO. 58131
OFFICE OF ATTORNEY GENERAL
BUREAU OF CONSUMER PROTECTION
301 CHESTNUT STREET, SUITE 105
HARRISBURG, PA 17101
(717)787-7109
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