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HomeMy WebLinkAbout99-03295 ?, ' Jh j i T" 1 ?u{ ?i+ ' ?,? ?1 1 a . yy r?? 5r ?h e? ?{? ?? ff {'?? ; L .. 'I Y ??r?? ?'{?a ?, . y? ? ? ?? ?7?! ' .?4 :`1 ?!?? ' X35 #, Y `. ij? ( M1 it w... ? ,pt .. ?':l?; COMMONWEALT14 OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER Plaintiff V. NEW KINGSTOWN AUT0,-,;q,l_ES, INC. P.O. BOX 413 - 73 EAST MAIN ST. NEW KINGSTOWN, PA. 17072 Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY No. 1999 JcZiS 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 business practices of New Kingston Auto Sales, Inc., ("Respondent"), pursuant to the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1-201-9.3 ("Consumer Protection Law"), the Motor Vehicle Sales Finance Act, 69 P.S.§§ 601- 637, and the Automotive Industry Trade Practices Regulations, 37 Pa. Code § 301.1- 301.6. WHEREAS, Respondent New Kingstown Auto Sales Inc., is a Pennsylvania corporation engaged in trade or commerce within the Commonwealth through the operation of a used motor vehicle dealership under the same name, from a principal place of business located at 73 East Main Street, New Kingstown, PA. 17072; and WHEREAS, the Respondent is licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons, and holds license #VD-019917-L; and WHEREAS, an investigation was conducted into the business practices of the Respondent by the Office of Attorney General, Bureau of Consumer Protection; and WHEREAS, based upon its investigation, the Commonwealth alleges that Respondent New Kingstown Auto Sales, Inc., engaged in conduct violative of the Consumer Protection Law, the Motor Vehicle Sales Finance Act, and the Automotive Industry Trade Practices Regulations ("Auto Regs"), as more fully set forth herein; and WHEREAS, the Respondent sold at least eight (8) vehicles from 1996 to 1998 without providing a printed or written contract in connection with the sale of the motor vehicles allegedly in violation of § 301.4(a)(1) of the Auto Regs; and WHEREAS, the Respondent sold two (2) vehicles in 1996 without describing the vehicles as "reconstructed" on a written contract, invoice, or receipt, allegedly in violation of § 301.4(a)(2)(iii) of the Auto Regs; and WHEREAS, the Commonwealth alleges that Respondent's conduct in the previous two paragraphs also violates § 201-2(4)(v),(vii), and (xxi) of the Consumer Protection Law by misrepresenting and causing a likelihood of confusion or of misunderstanding as to the characteristics of the vehicles sold; 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; and WHEREAS, the Commonwealth is agreeable in this matter to accept this Assurance of Voluntary Compliance, pursuant to § 201-5 of the Consumer Protection Law, in lieu of commencing proceedings pursuant to § 201-4 of the Consumer Protection Law; and WHEREAS, under the Consumer Protection Law, this Assurance of Voluntary Compliance shall not be considered an admission of a violation for any purpose. -2- WHEREAS, the Respondent asserts that it is entering into this Assurance in order to show its good faith toward its customers, including both those named herein and unnamed. NOW THEREFORE, while engaging in trade or commerce within the Commonwealth of Pennsylvania, the Respondent agrees for itself, its officers, owners, partners, representatives, employees and all otter persons acting on their behalf, jointly or-individually, directly or through any corporate or business device, as follows: -4' 1. The Respondent shall comply with any and all provisions of the Consumer Protection Law, the Motor Vehicle Sales Finance Act, and the Automotive Industry Trade Practices Regulations, and is permanently enjoined from any violation thereof. II. The Respondent shall provide a printed or written contract form agreement, receipt, or invoice in connection with the sale of a motor vehicle to every vehicle customer as required by § 301.4(a)(1) of the Auto Regs. The contract utilized by the Respondent shall comply with the terms of § 301.4(a)(2). In addition, the Respondent shall describe vehicles as "reconstructed" on these documents if the vehicles are, in fact, reconstructed vehicles under 75 Pa. C. S. § 102. III. The Respondent shall respond in writing to any written complaint filed with the Office of Attorney General, Bureau of Consumer Protection, within ten (10) days of receiving notice thereof. IV. The Respondent shall allow the Office of Attorney General, Bureau of Consumer Protection, to inspect any business records of New Kingstown Auto Sales Inc., with reasonable notice to the Respondent, for a period of five (5) years. Reasonable notice shall constitute 24 1tJirs, -3- V. The Respondent shall pay three thousand one hundred and seventy five dollars 5i6;67do 05 ($,JIL75.00) to the Commonwealth of Pennsylvania to be used as restitution to Robert A. Pond and Karen R. Bell. VI. The Respondent shall pay one thousand dollars ($1,000.00) to the Commonwealth as civil penalties. VII. The Respondent shall pay four thousand dollars ($4,000.00) to the Commonwealth as costs of investigation and/or future public protection purposes. VIII. The Respondent shall pay the total sum of eight thousand one hundred and Jp3s• DO go seventy-five dollars ($§,1-75.00) in accordance with the following payment plan, any violation of which shall be deemed a violation of this Assurance: 5,o35aaA05 a. Upon signing this Assurance, the Respondent shall pay $3A,75.00 to the Commonwealth to be used as restitution as stated above; b. On May 15, 1999 and on the fifteenth day of each of the following four months, the Respondent shall pay $825.00 to the Commonwealth; and C. On October 15, 1999, the Respondent shall pay $875.00 to the Commonwealth. IX. 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 immediately shall make full payment of the accelerated amount. Failure to so pay the accelerated amount shall be deemed a violation of this Assurance and shall subject the Respondent to all of the sanctions and penalties provided for by this Assurance and otherwise by law. 4 X. The Respondent stipulates that in the event New Kingston Auto Sales, Inc., files for protection under the United States Bankruptcy Code, the debts incurred herein shall be considered by it to be non-dischargeable pursuant to 11 U.S.C. §523(a)(2) and (7). The 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. XI. All monies owed by the Respondent under this Assurance shall be paid 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, PA 17104. XII. This 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. XIII. Provided that nothing contained herein shall be construed to waive any individual right of action by a consumer or any local, state, federal, or other governmental entity, other than the Office of Attorney General, Bureau of Consumer Protection, in regard to the specific facts alleged herein. 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 § 201-4 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 -5- penalties as provided in §§ 201-8, 201-9 and 201-9.1 of the Consumer Protection Law and any other equitable relief which the Court deems necessary or proper. ez (PL-, Witness the following signatures this of May, 1999. FOR THE PLAINTIFF: FOR T. BY: D. MICHAEL FISHER BY: D. MICHAEL FISHER ATTORNEY GENERAL BY: DOUGLASP YAUGER BY: DOUGLAS P. YAUGER CHIEF DEPUTY ATTORNEY GENERAL r /-7 . it A BY: GLACE, ESQ. ALNUT STREET JRG, PA 17101 iY FOR RESPONDENT DEPUTY ATTORNEY GENERAL ATTORNEY I.D. NO. 58131 BY: ?2%S1 MARK S. STEWART DEPUTY ATTORNEY GENERAL ATTORNEY I.D. NO 75958 OFFICE OF ATTORNEY GENERAL 132 KLINE PLAZA HARRISBURG, PA 17104 (717)-787.7109 DAN1y1:i1es\F0RM5\AVC\New Kingstown • auto.wpdP12799 -6- SALES, INC. 8F r) ti n' w c9 c:; 15 r-;" LIZ 0 ll? ?L !,L F? r ?L o n + J h V `t cl? w 'Y t COMMONWEALTH OF PENNSYLVANIA, BY ATTORNEY GENERAL D. MICHAEL FISCI-IER, Plaintiff V. NEW KINGSTOWN AUTO SALES, INC., P.O. BOX 413 - 73 EAST MAIN STREET, NEW KINGSTOWN, PA 17072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 99-3295 EQUITY TERM ORDER OF COURT AND NOW, this 3151 day of December, 2001, upon consideration of Plaintiffs Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law, a Rule is hereby issued upon Respondent to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Thursday, February 14, 2002, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.. BY THE COURT, ¦ ¦ ., ? " it r, PENNSYL`L•• ! v ??? l? ?? Jody L. Flitton, Esq. Deputy Attorney General Office of the Attorney General Bureau of Consumer Protection Harrisburg Regional Office 301 Chestnut Street Suite 105 Harrisburg, PA 17101 Attorney for Commonwealth John A Glace, Esq. 132-134 Walnut Street Harrisburg, PA 17101 Attorney for Respondent :rc M lw7 y6'1'Yj,? - 095f•L (m) :XVA e.`+ 60IL•LRL(LTQ :auogdala.L s Y`. • s?hh?? ? y ry?Q - IOILI Vd-8angrying - aqa •?QUFI 1•. 6/?J'. Sol o11n5'1aai1S 1nulo lOf ? V "` ?•, MoLLD31o2Id i jusNoo do (ivauan •r?rax?? ???ror:r??::o a7ra:ra , a4: r COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY NEW KINGSTOWN AUTO SALES, INC. No. 99--3295 Equity P.O. BOX 413 - 73 EAST MAIN ST. NEW KINGSTOWN, PA 17072 Respondent QRDER AND NOW, this day of December, 2001, it is hereby ORDERF,D that a hearing will be held on , 2001, at a.m./p.m. in courtroom of the Cumberland County Court of Common Pleas to consider the Commonwealth's Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law. J. r? 0 I. I r COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -EQUITY NEW KINGSTOWN AUTO SALES, INC. P.O. BOX 413 - 73 EAST MAIN ST. NO. 99""3295 Equity NEW KINGSTOWN, PA 17072 Respondent AND NOW, this day of December, 2001, comes the Plaintiff, the Commonwealth of Pennsylvania, acting by Attorney General D. Michael Fisher, through the Bureau of Consumer Protection ("Commonwealth"), who brings this Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law pursuant to §§ 201-8 of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 - 201-9.3 " Co ( nsumer Protection Law"), to have the Respondent in the above- captioned matter sanctioned and subjected to other equitable relief for failing to obey the previously filed Assurance of Voluntary Compliance dated June 1, 1999. In support thereof the Commonwealth avers as follows: 1. Plaintiff, the Petitioner in this action, is the Commonwealth of Pennsylvania, acting by Attorney General D. Michael Fisher, through the Bureau of Consumer Protection. I 2. The Respondent, New Kingstown Auto Sales, Inc., is a Pennsylvania corporation engaged in trade or commerce within the Commonwealth of Pennsylvania through the operation of a used motor dealership under the same name, from a principal place of business I` located at 73 East Main Street, New Kingstown, PA 17072. 3. On May 26, 1999, the Respondent entered into an Assurance of Voluntary Compliance with the Commonwealth, which was filed in this Court on June 1, 1999. A copy of said Assurance is attached hereto and marked as Exhibit A. 4. In the Assurance, the Commonwealth alleged that the Respondent failed to comply with the Motor Vehicle Sales Finance Act, Automotive Industry Trade Practices Regulations ("Auto Regs") and the Consumer Protection Law. 5. In the Assurance, Respondent agreed to comply with any and all of the aforementioned statutes and regulations and was permanently enjoined from any further violations thereof. AVC at 11. 6. The Respondent agreed to provide a printed or written contract form agreement, receipt, or invoice in connection with the sale of a motor vehicle'to every customer as required by §301.4(a)(1) of the Auto Regs. The contract utilized by the Respondent was to comply with the terms of §301.4(a)(2). In addition, the respondant agreed to describe vehicles as reconstructed on these documents if the vehicles are, in fact, reconstructed vehicles under 75 Pa.C.S. §102. AVC at 111. 7. The respondent uses a disclaimer statement in the ordinary course of its business, which is attached herto and incorporated herin as exhibit B, that states: (DISCLAIMER STATEMENT) NOTICE TO PURCHASER: THIS VEHICLE IS SOLD WITH NO WARRANTY (NOTHING EXPRESS OR IMPLIED) YOU WILL PAY ALL COST FOR ANY REPAIRS REGARDLESS OF ANY ORAL -2- STATEMENT ABOUT THE ABOVE MENTION VEHICLE. WE DO NOT GUARANTEE ANY OF THE FOLLOWING: FRAME BEN'Z', CRACKED, TWISTED OR RUST. ENGINE BLOCK OR HEAD CRACKED. TRANSMISSION DAMAGE. VEHICLE FLOOD DAMAGE. DIFFERENTIAL DAMAGED', THIS VEHICLE IS NOT GUARANTEED TO PASS PA INSPECTION OR PASS ANY PA STATE SAFETY CHECKS. THIS VEHICLE HAS NOT BEEN INSPECTED BY THE SELLING DEALERSHIP. THIS VEHICLE IS NOT CONSIDERED ROAD WORTHY. WE DO NOT GUARANTEE THE MILES, YEAR, MAKE OR MODEL. 8. The Respondent's disclaimer is inconsistent with and contradicts the requirements of §§ 301.2(5) and 301.4(a)(2) of the Automotive Industry Trade Practices Regulations. 9. The Respondent's conduct also violates § 201-2(4)(v) and (xxi) of the Consumer Protection Law by misrepresenting and causing a likelihood of confusion or misunderstanding as to characteristics of vehicles sold. 10. The Respondent's conduct is in violation of the Assurance of Voluntary Compliance. 1 L The parties agreed that the Assurance of Voluntary Compliance shall have the force and effect as a Permanent Injunction issued pursuant to § 201-4 of the Consumer Protection Law, and that any violation of the Assurance of Voluntary Compliance shall be sufficient cause for the Attorney General of this Commonwealth to seek penalties as provided in §§ 201-8, 201-9 and 201-9.1 of the Consumer Protection Law and any other equitable relief which the court deems necessary or proper. -3- f t k 12. Pursuant to § 201-8(a) of the Consumer Protection Law, any person who I violates any of the terms of an Assurance of Voluntary Compliance shall forfeit and pay to the Commonwealth a civil penalty of not more than five thousand dollars($5,000) for each j violation. WHEREFORE, the Commonwealth respectfully prays this Honorable Court enter an Order: I A. Finding the Respondent in violation of the previously filed Assurance of Voluntary Compliance; B. Assessing and holding the Respondent liable for an additional penalty of $5,000.00 pursuant to §201-8 of the Consumer Protection Law for each violation of the terms of this Assurance of Voluntary Compliance; C. Awarding such other relief as this Court deems appropriate and necessary to ensure compliance with the Assurance of Voluntary Compliance. RESPECTFULLY SUBMITTED: BY: D. M_ ICIJAE FISHER D. MICHAEL FISHER ATTORNEY GENERAL BY: FRANK T DONAGHUE FRANK T. DONAGHUE CHIEF DEPUTY ATTORNEY GENERAL BY: SETH A. MFNDR SOHN SETH A. MENDELSOHN DEPUTY ATTORNEY GENERAL ATTORNEY I. D. NO. 77063 -4- Date: / 2) e& 01 BY: J DI L. FLITTON EPUTY ATTORNEY GENERAL ATTORNEY I.D. NO. 58131 OFFICE OF ATTORNEY GENERAL BUREAU OF CONSUMER PROTECTION HARRISBURG REGIONAL OFFICE 301 CHESTNUT STREET SUITE 105 HARRISBURG, PA 17101 TELEPHONE: 717-787-7109 -5- VERIFICATION I hereby verify that the statements made in the foregoing Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law are true and correct upon information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ton Palmer gent, Bureau of Consumer Protection Date: _/a- /9% a/ .,. ,;;)CnJ?Y PEN\,S1'LViUj q Viy y EXHIBIT A COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER Plaintiff V, NEW KINGSTOWN AUTO SALES, INC. P.O. BOX 413 - 73 EAST MAIN ST. NEW KINGSTOWN, PA. 17072 Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY No. lei -?2"2cd 1999 (^d ?_.. r LL,L C-) "D r acs n v?: 1 ASSURANCE Cr OF VOLUNTARY C PLIANf`' - -c^ F'J Cj r WHEREAS, the Commonwealth of Pennsylvania, acting by the Office &Rttotgley U ? 3 General, through the Bureau of Consumer Protection ("Commonwealth"), has causedn investigation to be made into the business practices of New Kingston Auto Sales, Inc., ('Respondent"), pursuant to the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1-201-9.3 ("Consumer Protection Law,, the Motor Vehicle Sales Finance Act, 69 P.S.§§ 601- 637, and the Automotive Industry Trade, Practices Regulations, 37 Pa. Code § 301.1- 301.6. WHEREAS, Respondent New Kingstown Auto Sales Inc., is a Pennsylvania corporation engaged in trade or commerce within the Commonwealth through the operation of a used motor vehicle dealership under the same name, from a principal place of business located at 73 East Main Street, New Kingstown, PA. 17072; and WI IEREAS, the Respondent is licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons, and holds license #VD-019917-L; and WHEREAS, an investigation was conducted into the business practices of the Respondent by the Office of Attorney General, Bureau of Consumer Protection; and WHEREAS, based upon its investigation, the Conunomwealth alleges that Respondent New Kingstown Auto Sales, Inc., engaged in conduct violative of the Consumer Protection Law, the Motor Vehicle Sales Finance Act, and the Automotive Industry Trade Practices Regulations ("Auto Regs"), as more fully set forth herein; and WHEREAS, the Respondent sold at least eight (8) vehicles from 1996 to 1998 without providing a printed or written contract in connection with the sale of the motor vehicles allegedly in violation of § 301.4(a)(1) ofthe Auto Regs; and WHEREAS, the Respondent sold two (2) vehicles in 1996 without describing the vehicles as "reconstructed" on a written contract, invoice, or receipt, allegedly in violation of § 301.4(a)(2)(iii) of the Auto Regs; and WHEREAS, the Commonwealth alleges that Respondent's conduct in the previous two paragraphs also violates § 201-2(4)(v),(vii), and (xxi) of the Consumer Protection Law by misrepresenting and causing a likelihood of confusion or of misunderstanding as to the characteristics of the vehicles sold; and WHEREAS, the Respondent has agreed to cease and desist from the aforementioned conduct, and desires to comply with these civil !aws of the Commonwealth; and WHEREAS, the Commonwealth is agreeable in this matter to accept this Assurance of Voluntary Compliance, pursuant to § 201-5 of the Consumer Protection Law, in lieu of commencing proceedings pursuant to § 201-4 of the Consumer Protection Law; and WHEREAS, under the Consumer Protection Law, this Assurance of Voluntary Compliance shall not be considered an admission of a violation for any purpose, WHEREAS, the Respondent asserts that it is entering into this Assurance in order to show its good faith toward its customers, including both those named herein and unnamed. NOW THEREFORE, while engaging in trade or commerce within the Commonwealth of Pennsylvania, the Respondent agrees for itself, its officers, owners, partners, representatives, employees and all other persons acting on their behalf, jointly or individually, directly or through any corporate or business device, as follows: .4 1. The Respondent shall comply with any and all provisions of the Consumer Protection Law, the Motor Vehicle Sales Finance Act, and the Automotive Industry Trade Practices Regulations, and is permanently enjoined from any violation thereof. if. The Respondent shall provide a printed or written contract form agreement, receipt, or invoice in connection with the sale of a motor vehicle to every vehicle customer as required by § 301.4(x)(1) of the Auto Regs. The contract utilized by the Respondent shall comply with the terms of § 301.4(a)(2). In addition, the Respondent shall describe vehicles as "reconstructed" on these documents if the vehicles are, in fact, reconstructed vehicles under 75 Pa.C.S. § 102. 111. The Respondent shall respond in writing to any written complaint filed with the Office of Attorney General, Bureau of Consumer Protection, within ten (10) days of receiving, notice thereof. IV. The Respondent shall allow the Office of Attorney General, Bureau of Consumer Protection, to inspect any business records of New Kingstown Auto Sales Inc., with reasonable notice to the Respondent, for a period of five (5) years. Reasonable notice shall constitute 24 h1lrs. -3- V. file Respondent shall pay three thousand one hundred and seventy five dollars 516;;.5-60 p(_4i5 ($?„-N5,00) to the Commonwealth of Pennsylvania to be used as restitution to Robert A, Pond and Karen R. Bell. VI. The Respondent shall pay one thousand dollars ($1,000.00) to the Commonwealth as civil penalties. VII. The Respondent shall pay four thousand dollars ($4,000.00) to the Commonwealth as costs of investigation and/or future public protection purposes. VIII. The Respondent shall pay the total sum of eight thousand one hundred and g p,5 • to M? seventy-five dollars ($1??5,00) in accordance with the following payment plan, any violation of which shall be deemed a violation of this Assurance: 51 0 35aaA65?5 a. Upon signing this Assurance, the Respondent shall pay $3,1.75,00 to the. Commonwealth to be used as restitution as stated above; b. On May 15, 1999 and on the fifteenth day of each of the following four months, the Respondent shall pay $825.00 to the Commonwealth; and C. On October 15, 1999, the Respondent shall pay $875.00 to the Commonwealth. IX. 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 immediately shall make full payment of the accelerated tnnount. Failure to so pay the accelerated amount shall be deemed a violation of this Assurance and shall subject the Respondent to all of the sanctions and penalties provided for by this Assurance and otherwise by 1aw. r __11 ' X. The Respondent stipulates that in the event New Kingston Auto Sales, Inc., files for protection under the United States Bankruptcy Code, the debts incurred herein shall be considered by it to be non-dischargeable pursuant to 11 U.S.C. §523(x)(2) and (7), The Respondent further stipulates that the consumer restitution encompassed herein represents debts. entitled to treatment under I I U.S.C. § 507(a)(6) as a consumer priority. XI. All monies owed by the Respondent under this Assurance shall be paid 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, PA 17104. XII. This 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. XIII. Provided that nothing contained herein shall be construed to waive any individual right of action by a consumer or any local, state, federal, or other governmental entity, other than the Office of Attorney General, Bureau of Consumer Protection, in regard to the specific facts alleged herein. 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 § 201-4 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 -5- t penalties as provided in §§ 201-8, 201-9 and 201-9.1 of the Consumer Protection Law and any other equitable relief which the Court deems necessary or proper. Vu- Witness the following signatures this day of May, 1999. FOR THE PLAINTIFF: BY: D. MICHAEL FISHER D. MICHAEL FISHER ATTORNEY GENERAL BY: DOUGLAS P. YA GFg BY: DOUGLAS P. YAUGER CHIEF DEPUTY ATTORNEY GENERAL /r BY: 1 LLITTON )EPIU?TTYY ATTORNEY GENERAL ATTORNEY I.D. NO. 58131 BY: *A-SM-.STEWART ` DEPUTY ATTORNEY GENERAL ATTORNEY I.D. NO 75958 OFFICE OF ATTORNEY GENERAL 132 KLINE PLAZA HARRISBURG, PA 1710$ (717)-787-7109 FOR THE RES, , NENYKINGSTOWN AUTO SALES, INC. J I H :.. GLACE, ESQ 1 2- ALNUT STREET A R RG; PA 17101 O EY FOR RESPONDENT BY: D:\Af) Files\FORMSMONew Kingstown . auto. wpdQt2799 -G- EXHIBIT B t-l +•r•vv PL.i RI iiE BE SURE YOU RECPhone 76&-looo EIVE A COPY OF THIS DOCUMEJ; a ?nr:i'w G /? ATA! " ,// PRM l rra?: 'pMr. T ASS: s Cyr Bi()TRR 3? SIC".'s -' C, _ 1- i 1 % `l DAM- ( 1. l 0 3Y NOTICE TORTIRC: VZRR. (MSCX AUAER STATENEWO N 4RIAL SEAL. gEAj ; TERE :A E RLOSSER. Notary Public Carl to E+oro. Cumberland County LM Cc 11m: j__ fires Ma 6.2002 T7rILS VFI{ICLF L3 q()LD WTTITNO WARRANTY (NOTHING EXPRE.9SED OR l;? t1.T.I:LFO} YOU WA .L PA'r':; -L COST FOR'. ANYRPPAJRS RWARDLE?SS OF ANYOi2A.1. STATEMENT 1lE v:',' TT THE . BoTyE)dENTIC1N VEXCLE. WE DO NOT' GuAltal d £im, ANY OFTEMFULL OWING: FRAM&BENT. CRACKED,TVnS=ORRUST. LNc31NEIELOCR;fi;t AD CROCKED TRAM S1vII55IQNDAMa(E. VL-TUQE.:,.,C;GD DA.M/AGE. DIFIF: [' NT]AL DAMAOBU. THIS VEHICLE IS NOT GUARANTE ) P'0 Ft-SS PA'NISPECTIO. T flit PASS ANY PA STATE SAFETY CEWM. TT)L4 VEfjIC2i i Ate`: k3':)'( BEEN c'NaF£C"d7 tr.BYTT? SELiFNGDFAJ.FU.SHp. TIM VEHICLE IS NOT C01,ISSLDEREU lzo,?t) WIIwmy. WE DO NOT GUARANTEE THEAfR.R4, YF?! ,:!.;r1,:Cf OF MODR,- D'DY()U -uSTO>:a-- 'tx,XVEPICT IREVOREtiOUPURCHASmITOs-vvTEFFDa„Tn.a: "Riicl• . J~ CERTIFICATE OF SERVICE I hereby certify that on the Obay of December, 2001, I served the foregoing Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law upon the Respondent by first class and certified mail, return receipt requested, at the following address: NEW KINGSTOWN AUTO SALES, INC. c/o Attorney John M. Glace 132-134 Walnut Street Harrisburg, PA 17101 Attorney for Respondent t eJodiiL. n 14L rney General >- ? c ? ??-_ _ c7 ?? ? ?_'? ? - , n ?; V') ll ' l ?. t_ ?. ? C.. ? L? Ll '2, ?,? ... :S ... ? o95L•ILL(LIL) %xva 99 7Q 60IL•LBL (LIL) :aabgdala,L •?WoO a J IofLi Vd'Omgslaaog SOI aling yaaalS %nulsaq? IOC NOmai.oNd N3Wnsxoo do awimQ rnMINW) A7%IUO.I,J.V 10 301,410 f COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. NEW KINGSTOWN AUTO SALES, INC. P.O. BOX 413 - 73 EAST MAIN ST. NEW KINGSTOWN, PA 17072 CIVIL ACTION - EQUITY No. 99--3295 Equity Respondent ORDER AND NOW, this day of December, 2001, it is hereby ORDERED that a hearing will be held on , 2001, at a.m./p.m. in courtroom __ of the Cumberland County Court of Common Pleas to consider the Commonwealth's Petition for Civil Penalties and Imposition of Sanctions under the Unfair . Trade Practices and Consumer Protection Law. COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. NEW KINGSTOWN AUTO SALES, INC. P.O. BOX 413 - 73 EAST MAIN ST. NEW KINGSTOWN, PA 17072 Respondent CIVIL ACTION - EQUITYF2 No. 99--3295 Equity Cr PETITION FOR CIVIL PENALTIES AND IMPOSITION OF SANCTIONS UNDER THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW AND NOW, this day of December, 2001, comes the Plaintiff, the Commonwealth of Pennsylvania, acting by Attorney General D. Michael Fisher, through the Bureau of Consumer Protection ("Commonwealth"), who brings this Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law pursuant to §§ 201-8 of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 - 201-9.3, ("Consumer Protection Law"), to have the Respondent in the above- captioned matter sanctioned and subjected to other equitable relief for failing to obey the previously filed Assurance of Voluntary Compliance dated June 1, 1999. In support thereof the Commonwealth avers as follows: 1. Plaintiff, die Petitioner in this action, is the Commonwealth of Pennsylvania, acting by Attorney General D. Michael Fisher, through the Bureau of Consumer Protection. 2. The Respondent, New Kingstown Auto Sales, Inc., is a Pennsylvania corporation engaged in trade or commerce within the Commonwealth of Pennsylvania through the operation of a used motor dealership under the same name, from a principal place of business located at 73 East Main Street, New Kingstown, PA 17072. 3. On May 26, 1999, the Respondent entered into an Assurance of Voluntary Compliance with the Commonwealth, which was filed in this Court on June 1, 1999. A copy of said Assurance is attached hereto and marked as Exhibit A. 4. In the Assurance, the Commonwealth alleged that the Respondent failed to comply with the Motor Vehicle Sales Finance Act, Automotive Industry Trade Practices Regulations ("Auto Regs") and the Consumer Protection Law. 5. In the Assurance, Respondent agreed to comply with any and all of the aforementioned statutes and regulations and was permanently enjoined from any further violations thereof. AVC at 11. 6. The Respondent agreed to provide a printed or written contract form agreement, receipt, or invoice in connection with the sale of a motor vehicle to every customer as required by §301.4(a)(1) of the Auto Regs. The contract utilized by the Respondent was to comply with the terms of §301.4(a)(2). In addition, the respondant agreed to describe vehicles as reconstructed on these documents if the vehicles are, in fact, reconstructed vehicles under 75 Pa.C.S. §102. AVC at 111. 7. The respondent uses a disclaimer statement in the ordinary course of its business, which is attached herto and incorporated herin as exhibit B, that states: (DISCLAIMER STATEMENT) NOTICE TO PURCHASER: THIS VEHICLE IS SOLD WITH NO WARRANTY (NOTHING EXPRESS OR IMPLIED) YOU WILL PAY ALL COST FOR ANY REPAIRS REGARDLESS OF ANY ORAL -2- STATEMENT ABOUT THE ABOVE MENTION VEHICLE. WE DO NOT GUARANTEE ANY OF THE FOLLOWING: FRAME BENT, CRACKED, TWISTED OR RUST. ENGINE BLOCK OR HEAD CRACKED. TRANSMISSION DAMAGE. VEHICLE FLOOD DAMAGE. DIFFERENTIAL DAMAGED. THIS VEHICLE IS NOT GUARANTEED TO PASS PA INSPECTION OR PASS ANY PA STATE SAFETY CHECKS. THIS VEHICLE HAS NOT BEEN INSPECTED BY THE SELLING DEALERSHIP. THIS VEHICLE IS NOT CONSIDERED ROAD WORTHY. WE DO NOT GUARANTEE THE MILES, YEAR, MAKE OR MODEL. 8. The Respondent's disclaimer is inconsistent with and contradicts the requirements of §§ 301.2(5) and 301.4(a)(2) of the Automotive Industry Trade Practices Regulations. 9. The Respondent's conduct also violates § 201-2(4)(v) and (xxi) of the Consumer Protection Law by misrepresenting and causing a likelihood of confusion or misunderstanding as to characteristics of vehicles sold. 10. The Respondent's conduct is in violation of the Assurance of Voluntary Compliance. 1 I . The parties agreed that the Assurance of Voluntary Compliance shall have the force and effect as a Permanent Injunction issued pursuant to § 201-4 of the Consumer Protection Law, and that any violation of the Assurance of Voluntary Compliance shall be sufficient cause for the Attorney General of this Commonwealth to seek penalties as provided in §§ 201-8, 201-9 and 201-9.1 of the Consumer Protection Law and any other equitable relief which the court deems necessary or proper. -3- 12. Pursuant to § 201-8(a) of the Consumer Protection Law, any person who violates any of the terms of an Assurance of Voluntary Compliance shall forfeit and pay to the Commonwealth a civil penalty of not more than five thousand dollars($5,000) for each violation. WHEREFORE, the Commonwealth respectfully prays this Honorable Court enter an Order: A. Finding the Respondent in violation of the previously filed Assurance of Voluntary Compliance; B. Assessing and holding the Respondent liable for an additional penalty of $5,000.00 pursuant to §201-8 of the Consumer Protection Law for each violation of the terms of this Assurance of Voluntary Compliance; C. Awarding such other relief as this Court deems appropriate and necessary to ensure compliance with the Assurance of Voluntary Compliance. RESPECTFULLY SUBMITTED: BY: D. MICHAEL. FISHER D. MICHAEL FISHER ATTORNEY GENERAL BY: FRANK T. DONAGHUE FRANK T. DONAGHUE CHIEF DEPUTY ATTORNEY GENERAL 13Y: SETH A MENDELSOHN SETH A. MENDELSOHN DEPUTY ATTORNEY GENERAL ATTORNEY I.D. NO. 77063 -4- _f' ` BY. JODI L. FLITTON DEPUTY ATTORNEY GENERAL ATTORNEY I.D. NO. 58131 OFFICE OF ATTORNEY GENERAL BUREAU OF CONSUMER PROTECTION HARRISBURG REGIONAL OFFICE 301 CHESTNUT STREET SUITE 105 IARRISBURG, PA 17101 TELEPHONE: 717-787-7109 Date: J 'D e& o -5- FRIFICATION I hereby verify that the statements made in (lie foregoing Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law are true and correct upon information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. I ?L ton Palmer gent, Bureau of Consumer Protection Date: /a-/&=o/ EXHIBIT A COMMONWEAL-rii of., PENNSYLVANIA BY A'T'TORNEY GENEILIL D. MICIIAEL FISIII'sR Plaintiff V. NEW KINGSTOWN AUTO SALES, INC. P.O, BOX 413 - 73 EAST MAIN ST'. NEW KINGSTOWN, PA. 17072 Respondent IN THE COURT OF COti1MON PLEAS OP CUIVIBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - EQUITY No. 1999 C;6 7= ASSURA CF, OF VOLUNTARY COMPLIANCE i i cr WHEREAS, the Commonwealth of Pennsylvania, acting by the Office &&tomcy J General, through the Bureau of Consumer Protection ("Commonwealth"), has caused an K investigation to be made into the business practices of New Kingston Auto Sales, Inc., ("Respondent"), pursuant to the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1-201-9.3 ("Consumer Protection Law"), the Motor Vehicle Sales Finance Act, 69 P.S.§§ 601- 637, and the Automotive Industry Trade Practices Regulations, 37 Pa. Code § 301.1- 301.6. WHEREAS, Respondent New Kingstown Auto Sales Inc., is a Pennsylvania corporation engaged in trade or commerce within the Commonwealth through the operation of a used motor vehicle dealership under the same name, from a principal place of business located at 73 East Main Street, New Kingstown, PA. 17072; and WIIEREAS, the Respondent i? licensed b} the Stalc Board 01' Vehicle Manufacturers, Dealers and Salespcr.aons, and holds license t; Vh t)! v'117-L; anti WHEREAS, nn rove ti ,pion ,t'as conducted into the husines, practice; of the Respondent by the Office of Attorney General, Bureau of Consumer Protection; and WHEREAS, based upon its investigation, the Commonwealth alleges that Respondent New Kingstown Auto Sales, Inc., engaged in conduct violative of the Consumer Protection Law, the Motor Vehicle Sales Finance Act, and the Automotive Industry Trade Practices Regulations ("Auto Regs"), as more fully set forth herein; and WHEREAS, the Respondent sold at least eight (8) vehicles from 1996 to 1998 without providing a printed or written contract in connection with the sale of the motor vehicles allegedly in violation of § 301.4(x)(1) of the Auto Regs; and WHEREAS, the Respondent sold two (2) vehicles in 1996 without describing the vehicles as "reconstructed" on a written contract, invoice, or receipt, allegedly in violation of § 301.4(a)(2)(iii) of the Auto Regs; and WHEREAS, the Commonwealth alleges that Respondent's conduct in the previous two paragraphs also violates § 201-2(4)(v),(vii), and (xxi) of the Consumer Protection Law by misrepresenting and causing a likelihood of confusion or of misunderstanding as to the characteristics of the vehicles sold; and WHEREAS, the Respondent has agreed to cease and desist from the aforementioned conduct, and desires to comply with these civil !aws of the Commonwealth; and WHEREAS, the Commonwealth is agreeable in this matter to accept this Assurance of Voluntary Compliance, pursuant to § 201-5 of the Consumer Protection Law, in lieu of commencing proceedings pursuant to § 201-4 of the Consumer Protection Law; and WHEREAS, under the Consumer Protection Law, this Assurance of Voluntary Compliance shall not bu considered an admission of a violation for any purpose. ?_ WHEREAS, the Respondent asserts that it is entering into this Assurance in order to show its good faith toward its customers, including both those named herein and unnamed NOW THEREFORE, while engaging in trade or commerce within the. Commonwealth of Pennsylvania, the Respondent agrees for itself, its officers, owners, partners, representatives, employees and all other persons acting on their behalf, jointly or individually, directly or through any corporate or business device, as follows: 1. The Respondent shall comply with any and all provisions of the Consumer Protection Law, the Motor Vehicle Sales Finance Act, and the Automotive Industry Trade Practices Regulations, and is permanently enjoined from any violation thereof. if. The Respondent shall provide a printed or written contract form agreement, receipt, or invoice in connection with the sale of a motor vehicle to every vehicle customer as required by § 301.4(x)(1) of the Auto Regs. The contract utilized by the Respondent shall comply with the terms of § 301.4(a)(2). In addition, the Respondent shall describe vehicles as "reconstructed" on these documents if the vehicles are, in fact, reconstructed vehicles under 75 Pa. C. S. § 102. III. The Respondent shall respond in writing to any written complaint filed with the Office of Attorney General, Bureau of Consumer Protection, within ten (10) days of receiving notice thereof. IV. The Respondent shall allow the Office of Attorney General, Bureau of Consumer Protection, to inspect any business records of New Kingstown Auto Sales Inc., with reasonable notice to the Respondent, for a period of five (5) years hc, ?yus. Reasonable notice shall constitute 24 -3- V. The Respondent shall pay three thousand one hundred and seventy five dollars ? i G7".i-60 p? 5 (S,3,I-75,00) to the Commonwealth of Pennsylvania to be used as restitution to Robert A. Pond and Karen R. Bell. V1. The Respondent shall pay one thousand dollars ($1,000.00) to the Commonwealth as civil penalties. VII. The Respondent shall pay four thousand dollars ($4,000.00) to the Commonwealth as costs of investigation and/or future public protection purposes. Vlll. The Respondent shall pay the total sum of eight thousand one hundred and SP/S• Do ?4? seventy-five dollars (55.00) in accordance with the following payment plan, any violation of which shall be deemed a violation of this Assurance: i,03Sa- /,/ a. Upon signing this Assurance, the Respondent shall pay $3,1:75.00 to the. Commonwealth to be used as restitution as stated above; b. On May 15, 1999 and on the fifteenth day of each of the. following four months, the Respondent shall pay $825.00 to the Commonwealth; and C. On October 15, 1999, the Respondent shall pay $875.00 to the Commonwealth. IX, 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 (51 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 immediately shall make full i payment of the accelerated mnoutu. Failure to so pay the accelerated amount shall be deemed a violation of this Assurance and shall subject the Respondent to all of the sanctions and penalties provided for by this,Nssuraiicc and othcr%visc by law. -4- X. The Respondent stipulates that in the event New Kingston Auto Sales, Inc., files for protection under the United States Bankruptcy Code, the debts incurred herein shall be considered by it to be non-dischargeable pursuant to 11 U.S.C. §523(x)(2) and (7). The Respondent farther stipulates that the consumer restitution encompassed herein represents debts entitled to treatment under 11 U.S.C. § 507(a)(6) as a consumer priority. X1. All monies owed by the Respondent under this Assurance shall be paid 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, PA 17104. XII. This 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. XIII. Provided that nothing contained herein shall be construed to waive any individual right of action by a consumer or any local, state, federal, or other governmental entity, other than the Office of Attorney General, Bureau of Consumer Protection, in regard to the specific facts alleged herein. 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 § 201-4 of the Consumer Protection Law, so that any violation of this Assurance of Voluntary Cotpliance shall be sufficient cause for the Attorney General of this Commonwealth to seek r -5- penalties as provided in §§ 201-8, 201-9 and 201-9.1 of the Consumer Protection Law and any other equitable relief which the Court deems necessary or proper. Witness the following signatures this ezc??Clay of May, 1999. FOR TIME PLAINTIFF: FOR THE RESPONI BY: A. MICHAEL FISHFR BY: D. MICHAEL FISHER 1IA RY D. LA ATTORNEY GENERAL NE?y SALES, INC. BY: pOUGLAS P YAUGER BY: DOUGLAS P. YAUGER CHIEF DEPUTY ATTORNEY GENERAL BY: - Z^ 1. A DI L. LITTON EPUTY ATTORNEY GENERAL ATTORNEY I.D. NO. 58131 ' BY: - MARK S. STEWART DEPUTY ATTORNEY GENERAL ATTORNEY I.D. NO 75958 OFFICE OF ATTORNEY GENERAL 132 KLINE PLAZA HARRISBURG, PA 17103 I INGSTOWN AUTO ALNUT STREET 1RG; PA 17101 Y FOR RESPONDENT ( 717)-787-7109 DAM) Fdts\FOR,%MAVC\New Kingstown - auto.wpdO42799 -6- EXI1IIT B livi f't.i ?i• ;E BE SURE YOU RE Phone "WiA I tWE A COPY OF THIS DDEr13'c',1 . ?1?. i" i rr: ADDRIM. C1 ?. TMAk M'SCdAUM STATE&fi??M NO7$$.`ETOPalta.3A z%. NOTA IAL SEAL. MAL.: amcc E; gLGSSEFl. Nota to E+orn. Gumbertand Qou?nrylc I.?.132n.Ex iresMa 8:2002 TWS +V'FiC2?: I"6 !i0%D ?`?1 TFIN+O P,TA? (1+iOTHII+7? EXPREq? QR ]!i? tl?3:133.1) 8 (J TIC 1l'- is COST MR ASYREPAJRS REGARDLM OF ANY OX4L ANY OF TM r. T .AB05 E t4?NTIQN VEHICLE. WE DO NOT G{T.?1?14,: ?`Y s? C)..L OWING: FRAME BENT, CRACKED Tvnsm.DORRIIST ENCIMEL0r-, y II FA D C?2 4CKBD TjLg4?? S, OW D&N,AGE . v?? . ? 9.,tct]I]l 33A GE, DMEz-€, -,NTIAI. DA7vMOM. TM VL'FIICLE IS NOT GUARq % PA TNTSPECTICt V f JR, pp,? )jiYPA STAT S AFn ty ?T,3S"r'EC'dI ?I :Bi' ? x ScLLt`I+tGD r GI CIf.S. iTIGS 0°t VENIC EI-. ;)k : T,'yr CC3tv?IDEr"'x'? 12i;',D WoR (?i Y. vYErh? NU2Tt8I4 IS NOT OFIVIODE. SILE,S, YFrtis -;I.{rs.:•:C.E 1?!D Y(?UTaSrZo''"' irrE171L21CC5SPOREtiOUP'rjRcRgSzDyrOlt !E?n-pj"En VT 'j FOIL P'€ZT.CIL;15' _3rltCi2',SY%35'NO"L? ,sfQDEL A AZ e _ rear c,:::; r`::r CERTIFICATE OF SERVICE I hereby certify that on the /May of December, 2001, I served the foregoing Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law upon the Respondent by first class and certified mail, return receipt requested, at the following address: NEW KINGSTOWN AUTO SALES, INC. C/o Attorney John M. Glace 132-134 Walnut Street Harrisburg, PA 17101 Attorney for Respondent t Jodi L. Flitton Deputy Attorney General COMMONWEALTH OF PENNSYLVANIA, BY ATTORNEY GENERAL D. MICHAEL FISCHER, Plaintiff V. NEW KINGSTOWN AUTO SALES, INC., P.O. BOX 413 - 73 EAST : MAIN STREET, NEW . KINGSTOWN, PA 17072 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY Respondent NO. 99-3295 EQUITY TERM ORDER OF COURT AND NOW, this 120i day of February, 2002, upon consideration of the attached letter from John M. Glace, Esq., attorney for Respondent, the hearing previously scheduled in this matter for February 14, 2002, is rescheduled to Thursday, April 4, 2002, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.. BY THE COURT, esley Oler, J. Jody L. Flitton, Esq. Deputy Attorney General Office of the Attorney General Bureau of Consumer Protection Harrisburg Regional Office 301 Chestnut Street Suite 105 Harrisburg, PA 17101 Attorney for Commonwealth x,13. John M. Glace, Esq. m ?• 132-134 Walnut Street / Harrisburg, PA 17101 r U Attorney for Respondent Courtesy Copy: Philip L. Zulli, Esq. 1501 North Front Street Harrisburg, PA 17102 a, , :rc Feb 12 02 11:29a John M. Glace (717)-238-6929 P•2 JOHN M. GLACE ATTORNEY AND COUNSELOR AT LAW 132-134 WALNUT STREET HARRISBURG, PENNSYLVANIA 17101 PHONE 717-238-5515 February 11, 2002 The Honorable, J. Wesley Oler, Jr. The Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 TELEFAXED ONLY (717) 240-6462 Re: Comm. of PA by Attorney General N:ichad Fisher v. New Kingstown Auto Sales, Inc. Dkt. No.: 99 - 3295 (in Equity) Dear Judge Oler: TELEFAX 717-238.6929. As per my telephone request, as counsel for the above Respondent relative to a Petition for Sanctions, presently scheduled for hearing before Your Honorable Court on February 14, 2002 @ 3.30 PM, I would request a brief continuance. My client has retained co-counsel and this date represents a conflict in his schedule. Counsel for the Petitioner, Deputy Attomcy General Jody L. Flitton, has indicated that she has no objection to Respondent's continuance request. However, in regard the rc-scheduling, she has indicated that she has a military obligation from March 9, 2002 until March 23, 2002. in re-scheduling this hearing, I would note that both Ms. Flitton and I agree that the probable hearing length will be in excess of the one and one half (1 1/2 ) hours originally scheduled. I remain available for any question or comment. Thank you very much for your consideration in this matter. JMG/pnos cc: Jody 1. Flitton, Esquire ( via telefax) Philip Zulli, Esquire (via telefax ) New Kingstown Auto Sales, Inc. (via telefax ) COMMONWEALTH OF PENNSYLVANIA By ATTORNEY GENERAL MICHAEL D. FISHER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 99-3295 EQUITY TERM V. NEW KINGSTON AUTO SALES, INC., P.O. Box 413 - 73 E. Main Street : CIVIL ACTION - EQUITY New Kingston, PA 17072 Respondent PRAECIPE OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as co-counsel on behalf of the Respondent, New Kingston Auto Sales, Inc. Kindly serve copies of all papers filed in this matter on me at the address appearing below. Philip L. Zulli, Esquire Attorney Id. No. 47499 ISO 1 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 _ .. `>.. ,- ? =:; - ' ?... .'I?'. ?? ? ?f V 1 I .. (_% COMMONWEAL'1'll OF PI:NNSI'LVANIA : IN THE COURT OF COMMON PLEAS BY ATTORNEY GENERAL CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL D. FISHER Plaintiff V. NO.: 99-3295 EQUITY TERM NEW KINGSTON AUTO SALES, INC., P.O. BOX 413 - 73 E. MAIN STREET CIVIL ACTION -EQUITY NEW KINGSTON, PA 17072 Respondent CERTIFICATE OF SERVICE 1 hereby certify that I am this day serving a copy of the PRAECIPE OF APPEARANCE upon the persons, and in the manner, indicated below, which satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, postage prepaid, addressed to: Jody L. Flition, Esq., Esquire John M. Glace, Esq., Esquire Deputy Attorney General 132-134 Walnut Street Office of the Attorney General Harrisburg, PA 17101 Bureau of Consumer Protection Harrisburg Regional Office The Hon. J. Wesley Oler, Jr., Judge 301 Chestnut Street, Suite 105 Court of Common Pleas Harrisburg, Pennsylvania 17101 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 DATE: February 15, 2002 Philip L. 7_ulii,`Esquire Attorney Id. No. 47499 1501 North Front Street Harrisburg, Pennsylvania 17102 (717) 238-9004 P. ? 3 GO L'_ COMMONWEALTH OF PENNSYLVANIA, BY ATTORNEY GENERAL D. MICHAEL FISCHER, Plaintiff V. NEW KINGSTOWN AUTO SALES, INC., P.O. BOX 413 - 73 EAST MAIN STREET, NEW KINGSTOWN, PA 17072 Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 99-3295 EQUITY TERM ORDER OF COURT AND NOW, this 2"a day of April, 2002, upon relation of counsel that this matter has been amicably resolved, the hearing previously scheduled for April 4, 2002, is cancelled. Jody L. Flitton, Esq. Deputy Attorney General Office of the Attorney General Bureau of Consumer Protection Harrisburg Regional Office 301 Chestnut Street Suite 105 Harrisburg, PA 17101 Attorney for Commonwealth Philip L. Zulli, Esq. 1501 North Front Street Harrisburg, PA 17102 Attorney for Respondent ?/. 0 3 0 C?.. BY THE COURT, I n9srzGL (LO 'xVA 7 07 B V a?4j fil)il•LSL(LIL) oanogdafay a V VV InKI Vd'nnq`jjAvH ?1r SO) a jjnS,jaaijSInuicagD IOI . ,? „ ? ,. A[OI.L73J.ONd yg14f1SNOJ dOIlV3711IH zNx ti? xarnioyie? 30 3'1,440 COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER Plaintiff V. NEW KINGSTOWN AUTO SALES, INC. P.O. BOX 413.73 EAST MAIN ST. NEW KINGSTOWN, PA 17072 Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION -EQUITY NO. 99-3295 ORDER AND FINAL DECREE AND NOW, this ?VA day of April, 2002, upon consideration of the Commonwealth's Petition for Civil Penalties and Imposition of Sanctions under the Unfair Trade Practices and Consumer Protection Law and the Parties' Stipulation for Resolving the Commonwealth's Petition, this Court hereby orders: A. The Respondent shall be permanently enjoined from making representations, expressly or by implication, which are inconsistent with and contradict the requirements of §§301.2(5) and 301.4(a)(2) of the Automotive Industry Trade Practices Regulations. The Respondent is also directed to ensure that the forms that they use in the ordinary course of business conform to the requirements of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§201-1-201-9.3 ("Consumer Protection Law"), the Automotive Industry Trade Practices Regulations. 37 Pa. Code §§301.1-301.6, and the Used Motor Vehicle Trade Regulation Rule, 16 C.F.R. §§455.1 gi 5&q., including proper disclosures for AS-IS sales that conform to the requirements of §§301.2(5)(i - vi) and 301.4(a)(9) of the Automotive Industry Trade Practices Regulations. i' 02 'PP P': NIP% B. The Respondent shall immediately provide a check to the Commonwealth in the amount of $1,500.00 to be distributed to consumer Linda Yohe as consumer restitution. C. The Respondent is also directed to pay $1,000.00 to the Commonwealth as civil penalties under §201-8(a) of the Consumer Protection Law and $2,000.00 to the Commonwealth for future public protection purposes in accordance with the payment provisions described in paragraph V of the Stipulation Resolving Petition for Sanctions. D. In the event the Respondent fails to comply with this Order within 10 days of service of this Order, he will face the appropriate sanction for his contempt. BY THE COURT: . esley Oler, J(.) GH 09-42 ?o P I?p? ?i? s+ot,J C ph, li 2c`II'11 fi,?,, ? `" ? /J o (-lace, Esb J'J" e'-?es -2. 1? C. COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS BY ATTORNEY GENERAL : OF CUMBERLAND COUNTY, D. MICHAEL FISHER : PENNSYLVANIA Plaintiff V. NEW KINGSTOWN AUTO SALES, INC. P.O. BOX 413 - 73 EAST MAIN ST. NEW KINGSTOWN, PA 17072 Respondent CIVIL ACTION - EQUITY NO. 99-3295 STIPULATION RESOLVING PETI770N FOR SANCTIONS WHEREAS, on May 26, 1999, the Respondent entered into an Assurance of Voluntary Compliance with the Commonwealth, which was filed in this Court on June 1, 1999. A copy of said Assurance is attached hereto and marked as Exhibit A. WHEREAS, in the Assurance, the Commonwealth alleged that the Respondent failed to comply with the Motor Vehicle Sales Finance Act, Automotive Industry Trade Practices Regulations ("Auto Regs") and the Consumer Protection Law. WHEREAS, in the Assurance, Respondent agreed to comply with any and all of the aforementioned statutes and regulations and was permanently enjoined from a iy further violations thereof. AVC at If. WHEREAS, the Respondent agreed to provide a printed or written contract form agreement, receipt, or invoice in connection with the sale of a motor vehicle to every customer as required by §301.4(a)(1) of the Auto Regs. The contract utilized by the Respondent was to comply with the terms of §301.4(a)(2). In addition, the respondent agreed to describe vehicles as reconstructed on these documents if the vehicles are, in fact, reconstructed vehicles under 75 Pa.C.S. §102. AVC at 111. WHEREAS, the Commonwealth, acting by Attorney General D. Michael Fisher, through the Bureau of Consumer Protection, filed, on December 20, 2001, a Petition for Sanctions under the Unfair Trade Practices and Consumer Protection Law, pursuant to §§201-8(a), 73 P.S. §201-1- -201.9.3, ("Consumer Protection Law"), to have the Respondent sanctioned and subjected to other equitable relief for allegedly violating the AVC and provisions of the Consumer Protection Law; and WHEREAS, the respondent used a disclaimer statement in the ordinary course of its business, which is attached hereto and incorporated herein as exhibit B, that states: (DISCLAIMER STATEMENT) NOTICE TO PURCHASER: THIS VEHICLE IS SOLD WITH NO WARRANTY (NOTHING EXPRESS OR IMPLIED) YOU WILL PAY ALL COST FOR ANY REPAIRS REGARDLESS OF ANY ORAL STATEMENT ABOUT THE ABOVE MENTION VEHICLE. WE DO NOT GUARANTEE ANY OF THE FOLLOWING: FRAME BENT, CRACKED, TWISTED OR RUST. ENGINE BLOCK OR HEAD CRACKED. TRANSMISSION DAMAGE. VEHICLE FLOOD DAMAGE. DIFFERENTIAL DAMAGED. THIS VEHICLE IS NOT GUARANTEED TO PASS PA INSPECTION OR PASS ANY PA STATE SAFETY CHECKS. THIS VEHICLE HAS NOT BEEN INSPECTED BY THE SELLING DEALERSHIP. THIS VEHICLE IS NOT CONSIDERED ROAD WORTHY. WE DO NOT GUARANTEE THE MILES, YEAR, MAKE OR MODEL. WHEREAS, the Commonwealth alleges in its Petition for Sanctions that the Respondent's disclaimer is inconsistent with and contradicts the requirements of §§ 301.2(5) and 301.4(ax2) of the Automotive Industry Trade Practices Regulations. -2- WHEREAS, the Commonwealth alleges Respondent on at least one occasion used the disclaimer in conjunction with a sales presentation in which Respondent represented that implied warranties were given for a vehicle on the FTC Buyer's Guide. WHEREAS, the Commonwealth alleges in its Petition for Sanctions that the Respondent's conduct also violates § 201-2(4)(v) and (xxi) of the Consumer Protection Law by misrepresenting and causing a likelihood of confusion or misunderstanding as to characteristics of vehicles sold. WHEREAS, the Commonwealth alleges in its Petition for Sanctions that the Respondent's conduct is in violation of the Assurance of Voluntary Compliance. NOW THEREFORE, the Commonwealth and the Respondent, and its successors, assigns, officers, partners, agents, representatives, employees and all other persons acting on its behalf, jointly or individually, directly or indirectly, or through any corporate or business device, agree to the following terms and conditions as a means to resolve the Commonwealth's Petition for Sanctions and request the Court to issue an Order consistent therewith: 1. The Respondent shall be permanently enjoined from making representations, expressly or by implication, which are inconsistent with and contradict the requirements of §§301.2(5) and 301.4(a)(2) of the Automotive Industry Trade Practices Regulations. The Respondent shall ensure that the forms that they use in the ordinary course of business conform to the requirements of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§201-1-- 201-9.3 ("Consumer Protection Law"), the Automotive Industry Trade Practices Regulations, 37 Pa. Code §§301.1-301.6, and the Used Motor Vehicle Trade Regulation Rule, 16 C.F.R. §§455.1 9jQ., including proper disclosures for AS-1S sales that conform to the requirements of §§301.2(5xi -- vi) and 301.4(ax9) of the Auto Regs. IL Upon the Court's adoption of this Stipulation the Respondent shall provide a check to the Commonwealth in the amount of $1,500.00 to be distributed to consumer Linda Yohe as consumer restitution. 111. The Respondent shall pay $1,000.00 to the Commonwealth as civil penalties under §201-8(a) of the Consumer Protection Law in accordance with the payment plan described in paragraph V of this Stipulation. IV. The Respondent shall pay $2,000.00 to the Commonwealth for future public protection purposes in accordance with the payment plan described in paragraph V of this Stipulation. V. The payment plan consists of the l'ollowing terms, the violation of which constitutes a violation of this Stipulation and the Final Order and Decree adopting the same: a. On or before May 1, 2002, the Respondent shall pay fifteen hundred dollars ($1,500.00). b. On or before June 1, 2002, the Respondent shall pay the final payment of fifteen hundred dollars ($1,500.00). VI. The parties agree that this Stipulation encompasses prior sales transactions, described in this Stipulation, for which disclaimers were given through March 31, 2002, and no further enforcement action will be taken by the Commonwealth for similar violations prior to April 1, 2002. V11. The parties agree that this Stipulation is entered into by the Respondent solely for the purpose of amicably resolving the issues raised in this investigation without admission of wrongdoing and may not be used or relied upon as precedent or to establish any fact or liability in -4- this proceeding or any subsequent administrative or court proceeding of whatever nature. Nothing contained in this Stipulation may be used or construed by any person as an admission of any fact or liability by the Respondent in this proceeding or any subsequent administrative or court proceeding of whatever nature. VIII. The parties agree that the Court's Order, adopting this Stipulation, shall be a final order and decree resolving the Commonwealth's Petition for Sanctions. Witness this V day of APRIL, 2002 FOR THE PLAINTIFF: FOR THE BY: D. MICHAEL FISHER D. MICHAEL FISHER BY: ATTORNEY GENERAL BY: FRANK T. DONAGHUF FRANK T. DONAGHUE CHIEF DEPUTY ATTORNEY GENERAL BY: BY: SETH MENDELSOHN BY: DEPUTY ATTORNEY GENERAL ATTORNEY ID. NO. 77063 L. FLITTON ITY ATTORNEY GENERAL TTORNEY ID. NO. 58131 OFFICE OF ATTORNEY GENERAL BUREAU OF CONSUMER PROTECTION HARRISBURG REGIONAL OFFICE 301 CHESTNUT STREET, SUITE 105 HARRISBURG, PA 17101 TELEPHONE: 717-787-7109 CIA r IMLAUGHMAN, President N KINGSTOWN AUTO SALES, INC. THERESA BLOSSER, Secretary-Treasurer NEW KINGSTOWN AUTO SALES, INC. BY: l .` t?A'4 ACE ESQ. ALNUT STREET URG, PA 17101 EY FOR RESPONDENT BY: 411LIP /• ' UL .I SQ. 1501 NORTH FRONT STREET HARRISBURG, PA 17102 ATTORNEY FOR RESPONDENT TELEPHONE: 717-238-9002 -5- EXHIBIT A COMMONWEALTH OF PENNSYLVANIA BY ATTORNEY GENERAL D. MICHAEL FISHER Plaintiff NEW KINGSTOWN AUTO SALES, INC. P.O. BOX 413 - 73 EAST MAIN ST. NEW KINGSTOWN, PA. 17072 Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY No. 1999 (-7d L c7 .a cy Lo n vFr; rirt? r .t ASSURANCE OF VOLUNTARY COMPLIANCE 1 WHEREAS, the Commonwealth of Pennsylvania, acting by the Office & 4tto r 'm r WY ti) < N General, through the Bureau of Consumer Protection ("Commonwealth"), has caused an investigation to be made into the business practices of New Kingston Auto Sales, Inc., ("Respondent"), pursuant to the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §§ 201-1-201-9.3 ("Consumer Protection Law"), the Motor Vehicle Sales Finance Act, 69 P.S.§§ 601- 637, and the Automotive Industry Trade Practices Regulations, 37 Pa. Code § 301.1- 301.6. WHEREAS, Respondent New Kingstown Auto Sales Inc., is a Pennsylvania corporation engaged in trade or commerce within the Commonwealth through the operation of a used motor vehicle dealership under the same name, from a principal place of business located at 73 East Main Street, New Kingstown, PA. 17072; and WHEREAS, the Respondent is licensed by the State Hoard of Vehicle Manufacturers, Dealers and Salespersons, and holds license #VD-019917-L; and WHEREAS, an investigation Nvas conducted into the business practices of the Respondent by the Office of Attorney General, Bureau of Consumer Protection; and WHEREAS, based upon its investigation, the Conintomveaith alleges that Respondent New Kingstown Auto Sales, Inc., engaged in conduct violative of the Consumer Protection Law, the Motor Vehicle Sales Finance Act, and the Automotive Industry Trade Practices Regulations ("Auto Regs"), as more fully set forth herein; and WHEREAS, the Respondent sold at least eight (8) vehicles from 1996 to 1998 without providing a printed or written contract in connection with the sale of the motor vehicles allegedly in violation of § 301.4(x)(1) of the Auto Regs; and WHEREAS, the Respondent sold two (2) vehicles in 1996 without describing the vehicles as "reconstructed" on a written contract, invoice, or receipt, allegedly in violation of § 301.4(a)(2)(iii) of the Auto Regs; and WHEREAS, the Commonwealth alleges that Respondent's conduct in the previous two paragraphs also violates § 201-2(4)(v),(vii), and (xxi) of the Consumer Protection Law by misrepresenting and causing a likelihood of confusion or of misunderstanding as to the characteristics of the vehicles sold; and WHEREAS, the Respondent has agreed to cease and desist from the aforementioned conduct, and desires to comply with these ch'i! la.vs of the Cennnomvcalth; and WHEREAS, the Commonwealth is agreeable in this matter to accept this Assurance of Voluntary Compliance, pursuant to § 201-5 of the Consumer Protection Law, in lieu of commencing proceedings pursuant to § 201-4 of the Consumes Protection Law; and WHEREAS, under the Consumer Protection Law, this Assurance of Voluntary Compliance shall not be considered an admission of a violation for any purpose. r . -1- WHEREAS, the Respondent asserts that it is entering into this Assurance in order to show its good faith toward its customers, including both those named herein and unnamed. NOW THEREFORE, while engaging in trade or commerce within the Commonwealth of Pennsylvania, the Respondent agrees for itself, its officers, owners, partners, representatives, employees and all other persons acting on their behalf, jointly or individually, directly or through any corporate or business device, as follows: L The Respondent shall comply with any and all provisions of the Consumer Protection Law, the Motor Vehicle Sales Finance Act, and the Automotive Industry Trade Practices Regulations, and is permanently enjoined from any violation thereof. II. The Respondent shall provide a printed or written contract form agreement, receipt, or invoice in connection with the sale of a motor vehicle to every vehicle customer as required by § 301.4(a)(1) of the Auto Regs. The contract utilized by the Respondent shall comply with the terms of § 301.4(a)(2). In addition, the Respondent shall describe vehicles as "reconstructed" on these documents if the vehicles are, in fact, reconstructed vehicles under 75 Pa.C.S. § 102. III. The Respondent shall respond in writing to any written complaint filed with the Office of Attorney General, Bureau of Consumer Protection, within ten (10) davs of receiving notice thereof. IV. The Respondent shall allow the Office of Attorney General, Bureau of Consumer Protection, to inspect any business records of New Kingstown Auto Sales Inc., with reasonable notice to the Respondent, for a period of five (5) years. Reasonable notice shall constitute 24 hitrs. _3_ V• The Respondent shall pay three thousand one hundred and seventy five dollars 9,5 (S?,P5.00) to the Commonwealth of Pennsylvania to be used as restitution to Robert A. Pond and Karen R. Bell. VI. The Respondent shall pay one thousand dollars ($1,000.00) to the Commonwealth as civil penalties. VII. The Respondent shall pay four thousand dollars ($4,000.00) to the Commonwealth as costs of investigation acid/or future public protection purposes. VIII. The Respondent shall pay the total sum of eight thousand one hundred and -3,056'• DO At?? seventy-five dollars ($8 15.00) in accordance with the following payment plan, any violation of which shall be deemed a violation of this Assurance: 5, 035aaAr a. Upon signing this Assurance, the Respondent shall pay $3,,1-75.00 to the Commonwealth to be used as restitution as stated above; b. On May 15, 1999 and on the fifteenth day of each of the following four months, the Respondent shall pay $825.00 to the Commonwealth; and C. On October 15, 1999, the Respondent shall pay $875.00 to the Commonwealth. IX. 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 immediately shall make full payment of the accelerated amount. Failure to so pay the accelerated amount shall be deemed a. violation of this Assurance and shall subject the Respondent to all of the sanctions and penalties provided for by this Assurance and otherwise by law. r . 3 X. The Respondent stipulates that in the event New Kingston Auto Sales, Inc., files for protection under the United States Bankruptcy Code, the debts incurred herein shall be considered by it to be non-dischargeable pursuant to 11 U.S.C. §523(a)(2) and (7). The 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. XL All monies owed by the Respondent under this Assurance shall be paid 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, PA 17104. XII. This 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. XIII. Provided that nothing contained herein shall be construed to waive any individual right of action by a consumer or any local, state, federal, or other governmental entity, other than the Office of Attorney General, Bureau of Consumer Protection, in regard to the specific facts alleged herein. 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 § 201-4 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 r -5.. Penalties as provided in §§ 201-8, 201-9 and 201-9 other equitable relief which the Court deems necessary or proper. Witness the following signatures this -26?%y of May, FOR THE PLAINTIFF: FOR THE BY: D. MICHAEL FISHER D. MICHAEL FISHER BY. ATTORNEY GENERAL BY: DOUGLAS V VAuGEg DOUGLAS P. YAUGER BY. CHIEF DEPUTY ATTORNEY GENERAL BY: I L. LITTON EPUTY ATTORNEY GENERAL ATTORNEY I.D. NO. 58131 BY: MARK S. STEWART DEPUTY ATTORNEY GENERAL ATTORNEY LD. NO 75958 OFFICE OF ATTORNEY GENERAL 132 KLINE PLAZA HARRISBURG, PA 17104 ( 717)-787-7109 T- AUTO ALNUT STREET JRG, PA 17101 Y FOR RESPONDENT DA.M) Fda\FOR1s7S1AV0Nnw Kingstown. auto.xT)dO42799 of the Consumer Protection Law and any 1999. ',NE SALES, INC. -6- EXHIBIT B NEW, I 9Pal - 77X 1VEW K1N3?TDWiV NA ! 72 , "?"'°"'"'°°r? f? tl;. E BE swE You RECEIVE A COPY OF I- IS BG"CUME.,' i° i MAI AIA ke: PRIM': ?TI`11sSS: ADDRESS _ l -76 D I/ ImAlk I?ui 9 e_ 7'. 1?? n f ? -- --- . E 3,Y NC)7(--Topim a::l3l aL (USCL.AVAIER STATEMENT) Ni7L7AIAL SEA -L TERE;.',E RLGSSER,Notary Pubiio Cgtll. to Horo. Cumborlan0 County M C: TIM: seo Ex Tres Ma (3.2002 MS iltrCIcm Li tloLB WIMNO YfARRANIjy (N0TRa'rCrEXPJW9SED OR J`r1:i:1:17 ,D) YOUVILL P-47'Alt COST FOR ANYP.EFAFR.S PEGARD STAMNE21 t7 YLE:I.A T THE ABOVE AffiNTION VFB14ME. E Do NQT(3UQZe ' tz? Ats OF TIM FUL.i.owTDICS:FRAmEBENT'.CRACYED r " RUST. LPtGM E ELF '. f QjLaaID CRi 4CKED. Tpp& ?vSn. ' SION pi,?„STTso OR -DAMAGE. DM-EF !NMAL l?ARIAGEB. '?I cuL PA FPIsPEG TfCi }P 1. TTY V;rItfCT E IS NOT GL .rills T 'i ,'r r l„ t PASS XI PA STATE 5AF nF7Y CH-J--XS. a_ ^ 1112llJl r ,' L' °:',;a'-' •'IN -Cd1'C.?i?' i ScLiii7CrBPrarEL?filmy.TI SVm'IclUi 1S No C013SIt)ERbaiti.-,',D WtIR'MY. Wt IhOhoTC7UtL;zt- Pr ETffEIblILFS,Y} r! .;!i,{ ? OF ivlor'a. .. Dlj- Y()r nr=1,r6 . ;? „K q i gl Fj,'o?f.'. 't3TFP'UP.f3+A. *'_Cs ?rrMr_r.3?nrer.c::JS7Ti'; k CERTIFICATE OF SERVICE 1 hereby certify that on the4.c{day of April, 2002, I served the foregoing Stipulation Resolving Petition for Sanctions upon the Respondent by first class mail at the following addresses: NEW KINGSTOWN AUTO SALES, INC. c/o PHILIP L. ZULLI, ESQUIRE 1501 NORTH FRONT STREET HARRISBURG, PA 17102 and NEW KINGSTOWN AUTO SALES, INC. c/o JOHN M. GLACE 132-134 WALNUT STREET HARRISBURG, PA 17101 Attorneys for Respondent L. Flitton ity Attorney General ?-• m ?' 64 c r?s ` 0. 'n a. C%, u C?