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Home My WebLink About96-00752 " , " '~ , , , , f ~ .. ,< 'll" , , , ' " No. f~. ~!,JI Civil Term " I" IJ. · :! ~~~- ~ vs. ~ (I.J~ l1>.__ Court Of Common Pleas Cumbo Co. ," " , , I" " ;"1 " " " " n ,I' J 11_, , r,l i",/ ')1 " , , " , , i ."'..,. ' , 'i #, I. , I i , 11,1 , I .. , I I \ l , .', ," q ,'lr.,' j, ..' ", .. ", , t' . . " ~, ' , '.I I" ", I I -,' , , " , , , , , Ii , " , , " , " " , , I , { , , ;1 , , , " " " i-t I, !i , " " 'I , !I 1,/ , , , , , " " 0,1 I\i'" I-I , l} '" " , "I " "', , , " " , I, '\ " u " 'i , , , " " 'Ii ,'I , , " I II': , Ii " " " , , , Jil, ;j" ),- " , t;j " , (j' , " , " ,-J' II \ Ii " I,. "','; li i', Q ,I, tit ~'lHI , 0.1',11 Ii, ~, "1", ,;f,;jJ,__ ;I~!:j.:~ ~r:c ~ ("d !,no;.; ~'I ...~ '9, 0." '11 '1,"[" 'n~ ., ~ r;Jr ~.-.'J :',~ ':J :<1 .1.'"1 :':"I\f ~:l J. , ~ll I ..... , , , l() 0\1 "Tl r1j ',I}".) ,I Ii J-t il .. ;,1 'I .""", "\;:, yl,'""tJ ~".. I, " jl, " Ii '.-1 ~...) " ,r:,> :..c:" lj " " , , , , !Ll II " , I) I, , " 'i 'II , " " " , " I' .J>! ,,' \ ~iI 'I <I , " " " " " , , " , , , " ., " 'It, I' , , , " " January 31, 1996 " To the Prothonotary I I hereby certify that the enclosed copy of the Adjudication and Order In the Matter of the Disciplinary Action Against the Carl Bricker Company, F~le No, 93-60-00144, Docket No, 0119-60-93, issued January 23, 1995, is a true and correct copy of the original on file in the Bureau, , ,~ Il/' ./'< /1 'Ji:"l, ...;.ItVf I! ,I (-/',u'__/ Carot y Cress, Comm ss oner Bureau of afessional and Occupational Affairs DCIWAF :ddw , , " " , , " , , , '" " , , , , " , " .) , , I , , , , " I, , , " , , " i" , I , , " " , 63 El.S, 5818,10(27), The Commonwealth alleges in its Order to Show Cause the following I that Respondent is a business located at either Post Office Box 183, Camp Hill. Pennsylvania 17011 or 296 Frederick Street, Hanover, Pennsylvania 17331; that Respondent has never been licensed as a vehicle dealer . in the Commonwealth of Pennsylvania by the Board; that between February 1991 and May 1992, the Respondent purchased at least ten vehicles and sold at least , fOUl:' vehicles at the Pennsylvania Auto Dealers Exchange in york, Pennsylvania; that between January 1992 and July 1992, the Respondent purchased at least four vehicles and Bold at least four vehicles at the Harrisburg Auto Auct ion in Mechanicsburg, Pennsylvania; that between February 1992 and October 1992, the Respondent purchased at least two vehicles and sold at least seventeen vehicles at Your Auto Auction, Inc. in Jonestown, Pennsylvania; and that between .January 1992 and September 1992, the Respondent purchased at least twelve vehicles and sold at least ten vehicles at York Sprin~s Auto Auction in York Springs, pennsyl vania, The Commonwealth's Order to Show Cause charges Respondent with violating Sections 5(a) and 10(27) of the Act, 63 P,S. 55818,5(a) and 818,10(27), in 63 counts in that Respondent bought and sold 63 vehicles without being licensed to do so, In addition to any other disciplinary action, the Commonwealth also seeks the imposition of a civil penalt.y against Respondent pursuant to Section 19(C) of the Act, which provides as 3 DISCUSSION The Commonwealth has established through documentary evidence, and Respondent has admitted, to violating Section 5 (a) of the Act, 63 P,S, 5818,5 (a) I by engaging in the business of a vehicle dealer without being properly licensed to do so, The Commonwe\llth' s charges that Respondent violated Section 10(27) of the Act, 63 P,S, 5818,10(27) cannot be sustained, because that section is applicable to licensees of the Board and persons seeking licensure by the Board. Respondent is neither, As to Respondent/s violation, Respondent appeared before the Board but presented no mitigating evidence, Respondent acknowledged his violation but professed ignorance of the need for a 1 icense, The Board does not find Respondent's professed ignorance credible when weighed against evidence that Respondent has been selling numerous vehicles at auction since approximately 1988, that Respondent since March 1988/ ident:fied himself to one auction as a used vehic.le dealer, and that Respondent traded 63 vehicles from F'ebruary 1991 to October 1992 at four different auctions, The Board simply does not accept Respondent/s assertion that he engaged in the level of activity he did, for the length of time he did, and at auctions throughout the Commonwealth and never had an inkl ing that he was required to be licensed by the Board, Respondent's asserted belief that he did not need a license because he possessed dealer registration plates issued by Pennsylvania Department of Transportation is also not credible. Respondent identified himself to the Pennsylvania Auto Dealers Exchange as a 8 \Ill"') ,1...\ l.~r ,'v,'l\ t h')l\l)h t hIP I'I!l\Uuy 1 vnn iLl O'lpartmF.lnt of. Tl'.\nap,~l't.lt r,m r'ltl11'hl r'l!'.llutr.ltiol\ plateu tl:J him as a utility tuil.H" dealer. This augglilsto to the Board that Respondent had some 3Wllreness that I?ennsylvania Department of Transportation does not license dealers to buy and sell vehicles I and that it issued registration plates to R.espondent so that he could move his utility trailers on the roadways of the Commonwealth, ~, 67 Pa, Code 553.3(a)(1) . Regardless of Respondent's actual state of mind, Section 5(..1) of the Act, 63 I?,S, 5818.5(..1). does not require the Reapondent to have knowledge that he was required to be licensed to engage in the business of dealer, Even if the Board were to accept Respondent's position, it would serve only to mitigate slightly against the imposition of a civil penalty. Respondent's unl icensed activity undermines the entire licensure system which is designed to protect the public against not only dishonest dealers but also against itinerant dealers and dealers unable to provide basic repair facilities. Licensed dealers must meet numerous facility requirements, possess or contract for repair facilities, and must make other substantial investments in the licensed dealership, to help assure the protection ,~ the public, Respondent, as an unlicensed dealer, represents a threat to the public because he need not meet any of the requirements for licensure, The fact that Respondent traded in high mileage vehicles accentuates the potential risk to consumers because such vehicles are more likely subject to mechanical 9 Respondent's Addres~1 Car1 Bricker Company P,O, Box 183 camp Hill,PA 17011 and Carl Bricker Company 296 Frederick Street Hanover, PA 17331 , Commonwealth's Attorney, David L, Callihan, Esquire P,O, Box 2649 Harrisburg, PA 17105-2649 Board Counsell File N61 Date Mailed I , , L I' , ' ," II , n. ','.",," ,J'I , , " 'j " " ., , , ' , 'J.; " Wade A, Fluck, Esquire P,O, Box 2649 Harrisburg, PA 17105-2649 93-60-00144 .. 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