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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA ORPHANS' COURT DIVISION
COMMONWEALTH OF PENNSYLVANIA,
By THOMAS W. CORBETT, JR.,
ATTORNEY GENERAL,
Petitioner,
V. No. OS - o23SS C "tv C E2
COLLIE RESCUE OF CENTRAL PA, INC.;
Respondent.
ASSURANCE OF VOLUNTARY COMPLIANCE
Petitioner, the Commonwealth of Pennsylvania, through its Attorney General, Thomas W.
Corbett, Jr. (Attorney General), and the Respondent, Collie Rescue of Central PA, Inc. (Collie
Rescue), (hereinafter referred to as "Respondent"), hereby enter into the following Assurance of
Voluntary Compliance:
WHEREAS, Collie Rescue is a domestic, not-for-profit organization, incorporated on April
17, 1997, with its principal office located at 263 Texaco Road, Mechanicsburg, Cumberland
County, Pennsylvania, which has at all times relevant and material hereto provided placement
services for abandoned or abused collies into new homes;
WHEREAS, the Commonwealth has conducted an investigation into the business practices
of Respondent; and
WHEREAS, based upon the results of its investigation, the Commonwealth believes that
Respondent, his agents, representatives, servants and employees, have operated in violation of the
Solicitation of Funds for Charitable Purposes Act, Act of December 19, 1990, P.L. 1200, No. 202, as
amended, 10 P.S. §§ 162.1 et seg. (Charities Act), the Nonprofit Corporation Law of 1988, Act
December 21, 1988, P.L. 1444, No. 177, as amended, 15 Pa. C.S.A. §§ 5101 et seq. (Nonprofit
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Law), and the Unfair Trade Practices and Consumer Protection Law, Act of December 17, 1968,
P.L. 1224, No. 387, as amended, 73 P.S. § 201-1 et seq. (Consumer Protection Law), as follows:
a. Respondent failed to register as a "charitable organization" with the Department of
State, Bureau of Charitable Organizations (Bureau), prior to conducting solicitations
in violation of Sections 162.5 and 162.15(a)(1) of the Charities Act, 10 P.S. §§ 162.5
and 162.15(a)(1), and Sections 201-2(4)(iii) and (v) of the Consumer Protection Law,
73 P.S. § 201-2(4)(iii) and (v);
b. Respondent contracted with an unregistered professional fund-raising counsel in
violation of Sections 162.13(f) and 162.15(a)(1) of the Charities Act, 10 P.S. §§
162.13(f) and 162.15(a)(1), and Sections 201-2(4)(iii) and (v) of the Consumer
Protection Law, 73 P.S. § 201-2(4)(iii) and (v);
C. Respondent failed to keep complete and accurate financial records in violation of
Sections 162.5(0) and 162.15(a)(1) of the Charities Act, 10 P.S. §§ 162.5(0) and
162.15(a)(1) and Section 5508(a) of the Nonprofit Law, 15 Pa. C.S.A. § 5508(a).
d. Respondent failed to adhere/honor corporate formalities including, but not limited to,
failing to conduct regular or annual meetings, performing unauthorized actions and
failing to elect officers and directors of the corporation in violation of Sections
5508(a), 5725 and 5727 of the Nonprofit Law, 15 Pa. C.S.A. §§ 5508(a), 5725 and
5727, and Sections 201-2(4)(iii) and (v) of the Consumer Protection Law, 73 P.S. §
201-2(4)(iii) and (v);
WHEREAS, the parties desire to amicably resolve the circumstances set forth above;
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NOW THEREFORE, the parties agree to the following terms and conditions to settle the
differences between them; Respondent will immediately wind up and dissolve Collie Rescue, a
voluntary dissolution proceeding pursuant to Sections 5971 through 5979 of the Nonprofit Law, 15
Pa. C.S.A. §§ 5971-5979.
1. Pursuant to Respondent's plan of dissolution, and with the approval of the
Commonwealth, any remaining, owned assets shall be distributed to charitable
organizations in accordance with Sections 5547(a) and 5976(b) of the Nonprofit Law,
15 Pa. C.S.A. §§ 5547(a) and 5976(b).
2. Respondent is enjoined from the filing of this AVC from directly participating in any
and all solicitations of any kind within the Commonwealth of Pennsylvania on behalf
of any individual, organization, corporation, association, partnership, trust or
foundation defines as a Charitable Organization, pursuant to the Charities Act; unless,
however, that said injunction shall be disclosed upon the paying by the Respondent's
who are jointly and severally liable to the Commonwealth of Pennsylvania, Office of
Attorney General, of the total sum of FIVE HUNDRED AND FIFTEEN DOLLARS
($550), to be apportioned within ten days of the Assurance of Voluntary Compliance
as follows:
a. TWO HUNDRED AND FIFTY DOLLARS ($250) shall constitute civil
penalties and be distributed by the Attorney General to the Commonwealth of
Pennsylvania;
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b. TWO HUNDRED AND FIFTY DOLLARS ($250) shall constitute and be
used by the Attorney General as costs of investigation and/or for future public
protection purposes; and
c. FIFTEEN DOLLARS ($15) shall constitute the filing fee for this assurance.
3. Nothing contained herein shall be deemed to constitute an admission by any party of
any guilt or liability on the part of Respondent, nor any lack thereof, with regard to
the merits of the allegations contained herein. This Assurance of Voluntary
Compliance has been entered into by the consent of all parties for settlement purposes
only.
4. Nothing contained herein shall be construed to wave any individual right of action
by any consumer or any local, state, federal or other governmental entity.
5. Respondent agrees by signing this Assurance that he shall henceforth abide by it and
that this Assurance shall have the same force and effect as an injunction issued
pursuant to Section 201-4 of the Consumer Protection Law, 73 P.S. § 201-4.
Respondent agrees that the breach of any one or more of the terms of this Assurance,
shall be sufficient warrant for the Commonwealth to petition the Commonwealth
Court of Pennsylvania to assess civil penalties and impose sanctions under Section
162.19(b) of the Charities Act, 10 P.S. §162.19(b), and Sections 201-8, 201-9 and
201-9.1 of the Consumer Protection Law, 73 P.S. §§ 201-8, 201-9 and 201-9.1, and to
order any equitable relief which the Court may deem necessary and appropriate.
6. The Commonwealth Court of Pennsylvania shall maintain jurisdiction over the
subject matter of this Assurance of Voluntary Compliance and over the Respondent
for the purpose of enforcement of the same, in accordance with Section 162.19(b) of
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the Charities Act, 10 P.S. §162.19(b), and Sections 201-4 and 201-8(a) of the
Consumer Protection Law, 73 P.S. % 201-4 and 201-8(a).
7. This instrument embodies the whole agreement between the parties, contains all
promises, terms, conditions or obligations between the parties and shall supersede all
previous communications, representations or agreements, either verbal or written.
WHEREFORE, and intending to be legally bound, the parties have hereto set their hands
and seals.
BY THE COMMONWEALTH:
Date:
By:
Deputy Attorney General
MARK A. PACELLA
Chief Deputy Attorney General
Office of Attorney General
Charitable Trusts and Organizations Section
14th Floor, Strawberry Square
Harrisburg, PA 17120
(717) 783-2853
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THOMAS W. CORBETT, JR
Attorney General
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RESPONDENT:
Date
Date: /f?
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COLLIE RESCUE OF CENTRAL PA, INC.
By:
President
T-re?
Attest:
By:
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Secretary/ Ai
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COUNSEL FOR RESPONDENT,
COLLIE RESCUE OF CENTRAL PA, INC.
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RESOLUTION OF THE BOARD OF DIRECTORS
OF
COLLIE RESCUE OF CENTRAL PA, INC.
The Board of Directors of Collie Rescue of Central PA, Inc., met on the day of
Zx ! ( _ , 2005, and approved the following resolution:
BE IT RESOLVED, that C40-Mf k&7' , VIA4 ?AA/fCE6T, and
are hereby authorized and empowered on behalf of Collie Rescue of Central
PA, Inc., to enter into an Assurance of Voluntary Compliance with the Commonwealth of
Pennsylvania, Office of Attorney General, in settlement of Commonwealth v. Collie Rescue of
Central PA, Inc., et al., upon the terms and conditions contained in the proposed Assurance of
Voluntary Compliance attached hereto and made a part hereof.
Filed with the Secretary of the Corporation this /J day of 2005.
aC'
Secretary
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Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
-09 - a-L39_5 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573