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HEALTH INSURANCE SIGN-UP SEASON FOR 2016 IS NOW! - Page 29
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NOVEMBER 2015
AFFILIATED WITH NIADA | PUBLISHED BY PIADA
w w w. p i a d a . o r g | w w w. n e w j e r s e y i a d a . o r g | w w w. n e w y o r k i a d a . o r g | w w w. m d i a d a . o r g | w w w. d e i a d a . o r g
AN INTERVIEW WITH
LYNN WEAVER, GENERAL MANAGER,
AMERICA’S AUTO AUCTION - HARRISBURG
PIADA
1501 North Front Street
Harrisburg, PA 17102
Change Service Requested
Lynn Weaver, GM, and his
son Clint Weaver, AGM
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Permit No. 557
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MidAtlantic
DealerNews
Affiliated with National Independent Auto Dealers Association
NOVEMBER 2015
DEPARTMENTS & ARTICLES
State IADAs Convene in Washington, DC to Advocate for our Industry –
At the Annual NIADA Leadership Conference By John DeFilippo. . . . . . . . . . . . 6
Executive Directors’ Message By Paula Frendel, Reg Evans. . . . . . . . . . . . . . 8
An Interview with Lynn Weaver, General Manager,
America's Auto Auction Harrisburg By Peter Salinas. . . . . . . . . . . . . . . . . 10
Pennsylvania Budget Impasse – Frequently Asked Questions . . . . . . . . . . . 14
Central Pennsylvania Auto Auction's 14th Anniversary Antique and
Classic Car Auction – Photos By Jerry Trone . . . . . . . . . . . . . . . . . . . . . . 19
Did You Know? New Jersey Law Protects Secured Lienholders Over
Anyone Asserting a Lien for the Storage of a Motor Vehicle
By Antony Bush, Esq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Are They Getting Anything Done in Harrisburg? By Bob Keaton . . . . . . . . . . 22
Legal Corner By Tom Hudson, Esq. and Nicole Munro, Esq.,
Hudson Cook LLP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Kontos Kommentary By Tom Kontos, Adesa Auctions. . . . . . . . . . . . . . . . . 30
PIADA, NJIADA/NYIADA, MIADA/DIADA
PROGRAMS, OFFERS & EVENTS
Code of Ethics and About PIADA-MDIADA-DEIADA . . . . . . . . . . . . . . . . . . . . . 6
IADAs Membership Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
AUCTION DIRECTORY - EXPANDED FOR OUR STATES. . . . . . . . . . . . . . . . 24
Pennsylvania Forms Dealers Can Order . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
ADVERTISERS
✷ ABC Lancaster . . . . . . . . . . . . . 31
✷ Adesa PA/Adesa Pittsburgh. . . . 21
✷ America's Auto Auction. . . . . . . . 2
Auto Use. . . . . . . . . . . . . . . . . . . 20
✷ Bel Air Auto Auction. . . . . . . . . . 23
✷ Central Pennsylvania
Auto Auction. . . . . . . . . . . . . . . 32
✷ Corry ADE. . . . . . . . . . . . . . . . . . 29
✷ Counselor Library. . . . . . . . . . . 27
✷ Dealer Goodies. . . . . . . . . . . . . 13
✷ Greater Erie Auto Auction. . . . . . 25
✷ GWC Warranty.. . . . . . . . . . . . . . 5
✷ Kramer Insurance Center. . . . . . 25
Manheim Keystone PA. . . . . . . . . 18
Manheim New York. . . . . . . . . . . .15
✷ Manheim Pennsylvania. . . . . . 16,17
NextGear Capital. . . . . . . . . . . . . . . 8
✷ North East PA Auto Auction. . . . . 7
✷ Preferred Warranties. . . . . . . . . . 3
✷ ProGuard Warranty Inc.. . . . . . . 6,9
Shumaker Williams P.C.. . . . . . . . . . . 23
✷ ADVERTISER ALSO PARTICIPATING IN THE 2015 DISCOUNT BOOK FOR PIADA-MDIADA-DEIADA AND
IN THE UPCOMING 2016 DISCOUNT BOOKS FOR ALL FIVE MIDATLANTIC STATES.
EXPANDED DISTRIBUTION OF THIS RENAMED MAGAZINE (FORMERLY PA DEALER NEWS) NOW INCLUDES DEALERS IN THE FIVE STATES OF
PENNSYLVANIA, NEW JERSEY, NEW YORK, MARYLAND, DELAWARE: (1) VIA EMAIL TO ALL DEALER MEMBERS AND TO ALL NON-MEMBERS THAT
PROVIDE US WITH THEIR EMAIL ADDRESSES: (2) PAPER COPIES ARE MAILED TO PIADA MEMBERS IN PA AND TO MEMBERS OF NJIADA, NYIADA,
MIADA/DIADA: (3) PAPER COPIES FOR MEMBERS AND NON-MEMBERS IN ALL FIVE STATES MAY BE OBTAINED FOR FREE AT PARTICIPATING
AUCTIONS ON AUCTION SALE DAY. MIDATLANTIC DEALER NEWS SENDS FREE COPIES FOR DISTRIBUTION TO DEALERS AT AN ANTICIPATED
APPROXIMATELY: 19 WHOLESALE VEHICLE AUCTIONS IN PENNSYLVANIA, 11 IN NEW YORK, 2 IN NEW JERSEY, 2 IN MARYLAND.
WOULD YOU LIKE TO RECEIVE A DIGITAL VERSION OF THE MIDATLANTIC DEALER
NEWS MAGAZINE EARLY EACH MONTH? Email Shannon at [email protected].
4 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
PA-MD-DE IADA'S 2015-2016
OFFICERS AND DIRECTORS
John DeFilippo, President
DeFilippo Bros. Motorcars (PA)...........610.532.8771
Tad Swift, Chairman
Corry Auto Dealers Exchange (PA)......814.664.7721
Tom Brandis, Treasurer
Advantage Auto Sales & Credit (PA)....215.805.2034
Clint Weaver, Secretary
Harrisburg Auto Auction (PA)..............717.697.2222
Michael Brill, Vice President
B & B Automotive (PA).......................215.781.1818
Tom Hodges, Vice President
Tom Hodges Auto Sales (MD).............301.373.2277
Michael Mansour, Vice President
Car Connection, Inc. (PA)...................724.658.1212
Beth Melamed, Vice President
Ticket to Ride Auto (PA).....................717.393.9133
Fran Morelli, Vice President
Fran Morelli Sales & Service (PA).......814.265.1330
Lisa Cohowicz, Director
North East Pennsylvania Auto Auction...570.207.2277
James Cuce, Director
Manheim Philadelphia Auto Auction....215.962.6742
Jeff Dreier, Director
Dreier Auto Sales (PA).......................570.675.5696
Joe Eikenberg, Jr., Director
Aero Motors, Inc. (MD)......................410.686.3444
Gus Kurtz, Director
Sports and Imports, Inc. (MD)............410.360.8600
Dan Limongelli, Director
Jo-Dan Motors (PA)............................570.829.4043
Kevin Luring, Director
Garden Spot Auto Auction (PA)...........717.738.7900
Noah Melamed, Director
Ticket to Ride Auto (PA).....................717.393.9113
Kevin Novitsky, Director
Village Auto Sales.............................570.254.6463
Chris Smiley, Director
Mountville Motor Sales (PA)...............717.681.9610
George Smouse, Director
Smouse Trucks & Vans (PA)...............724.887.7777
Steve Worley, Director
Worley Motors (PA)............................717.732.2051
Jay Zimmerman, Director
Zimmerman’s Auto Sales...................717.766.7656
STAFF
Reg Evans, Executive Director
[email protected]............................. 717.238.9002 x28
Arie Garcia, Director of Operations
[email protected] x13
Shannon Becker, Membership Director
[email protected] x18
Ping Goslawski, Finance Department
[email protected]............................ 717.238.9002 x12
Nicole Autry, Dealer Development
[email protected]......................... 717.238.9002 x26
Gigi Kode, Messenger/Title Call Center..717.635.2595
Peter Salinas, Special Contributing Writer
Jerry Trone, Media Photographer
To keep the MidAtlantic Dealer News on schedule, certain deadlines
must be observed. All information is due at the Pennsylvania
Independent Automobile Dealers Association (“PIADA”) office in
Harrisburg thirty days prior to the publication date of each issue.
The MidAtlantic Dealer News is a publication of the PIADA, 1501
North Front Street, Harrisburg, PA 17102, in cooperation with
our partners the NJIADA, NYIADA, MD-DE IADA. Advertising rates
available on request. If you have any questions please call the PIADA
office at 717.238.9002 or your State IADA.
PIADA was established in 1955, and chartered in 1959 under the
Non-Profit Corporation Laws of the Commonwealth of Pennsylvania.
The statements and opinions expressed herein are those of the
individual authors and do not necessarily represent the views of the
MidAtlantic Dealer News or the State IADAs. Likewise, the appearance
of advertisers, or their identification as members of State IADAs, does
not constitute an endorsement of the products or services featured.
Editorial and advertising requests should be directed to the Editor:
MidAtlantic Dealer News, PIADA, 1501 North Front Street, Harrisburg,
PA 17102. Telephone 717.238.9002, FAX 717.238.3870 or e-mailed
to [email protected].
Logos are respective trademarks of the PIADA, NJIADA, NYIADA,
MD-DE IADA.
Copyright © 2015 by the PIADA. All Rights Reserved.
PUBLISHING SERVICES PROVIDED BY
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FROM THE PIADA-MDIADA-DEIADA PRESIDENT TO ALL MIDATLANTIC DEALERS
STATE IADAs CONVENE IN
WASHINGTON, DC TO ADVOCATE FOR
OUR INDUSTRY – AT THE ANNUAL
NIADA LEADERSHIP CONFERENCE
By John DeFilippo
JOHN DEFILIPPO
DeFilippo Bros.
Motorcars
2240 East Lincoln Hwy.
Coatesville, PA 19320
610.532.8771
www.ujobucredit.com
THE PIADAMDIADA-DEIADA
CODE OF ETHICS
We will employ truth and
accuracy in advertising.
We will strive constantly to
improve our
business methods.
We will stand by a guarantee
given with the sale of a
motor vehicle.
We will not perform any act
to discredit our industry.
We will guarantee the title of
every vehicle sold.
We will furnish every
purchaser an approved
bill of sale.
We will comply with Federal
and State laws.
We will encourage the
American system of free
enterprise.
Spend $399 and Get
$20,000 in Available
Discounts on Your Auction
and Industry Products
and Services - Easy Math,
Join PIADA-MDIADA-DEIADA
Today - Annual and Monthly
Memberships Available.
PIADA ANNUAL
PLATINUM SPONSOR
By the time you read this, Paula Frendel of NJIADA and NYIADA, Reg Evans of PIADA-MDIADADEIADA, and I in my capacity as President of PIADA-MDIADA-DEIADA will have attended the
National Independent Automobile Dealers Association (NIADA) National Leadership Conference in Washington, DC. This annual event allows our industry to hear from, meet, and
communicate directly in person with federal legislators who represent the people of the fifty
States and federal regulators from agencies such as the Federal Trade Commission (FTC),
Consumer Financial Protection Bureau (CFPB), and U.S. Department of Justice. This is a
really good opportunity for us to advocate for our industry and to remind these
government officials that our businesses matter since TOGETHER we employ thousands
of people (a/k/a voters, backbone of our economy) per each of our respective MidAtlantic
States as well as the other States across the country.
Don’t blame us or take out any populist anger on us for manufacturer safety recalls is part of
our message to legislators this year, due to legislation on this issue in our States and at the
federal level. We buy, sell, and repair our vehicles pre-sale. But legislation that would prohibit
independent dealers from selling vehicles subject to recalls until the alleged problem is
repaired by the manufacturer via their new car dealership service departments is legislation
that we must oppose. Why? For one thing, we would have our capital tied up for months
waiting for parts and repair appointments as evidenced by the Takata air bag problem that
is taking forever for parts to be produced for the thousands or millions of affected vehicles.
We do not even receive the safety recall notices in a timely manner because we do not own
the vehicles long enough to make the manufacturer’s mailing list. Consumers can see the
safety recall notices that many of us provide them and can go to www.safercar.gov to look
for this information per vehicle as well. Then consumers can decide whether to buy the
dealership’s listed vehicle, which is more than consumers get from buying cars from other
consumers on Craig’s list. Unlike the Craig’s List “deal”, our dealers stand behind our
vehicles in support of our customers. Consumers know where we live and we want them
to come back for future purchases and to refer their friends and family to us for their next
vehicle purchases.
When we are in DC, we are letting Congress know the business side of the story, which
includes business and common sense without hysteria or political scapegoating. Defending
our interests in a fair manner which includes caring about our customers, the retail
consumers in our States, is what NIADA, PIADA-MDIADA-DEIADA, NJIADA, NYIADA are all
about. This is why we State IADAs support NIADA: because their mission is to do at the
federal level what we seek to do at the State level, ADVOCATE and DEFEND our industry to
the best of our abilities. We do not win ‘em all and sometimes have to do a crazy thing that
Congress has trouble doing, called compromising. But we understand our industry better
than most legislators and regulators, so dialogue with us instead of unilateral government
action without obtaining our input is important for us to seek as IADAs representing our
industry.
So you know that $60 you pay through us to NIADA that is part of becoming a member of our
State IADAs and NIADA? Think of it as a small annual investment to support the massive
amounts of time and expense that we at your State IADAs and NIADA spend paying for and
working with our excellent lobbyists at the federal and State levels.
Until next month...sell all you can,
John
6 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
EXECUTIVE DIRECTORS' MESSAGE
ENFORCEMENT TRENDS
AND SELF-DEFENSE
PRACTICES
By Paula Frendel and Reg Evans
Enforcement is par t of the
regulators’ job description to
enforce the laws, examine, provide
REG EVANS
guidance, work with industr y,
Executive Director
assist with legislation as needed,
PIADA, MDIADA, DEIADA
www.piada.org,
review and revise regulatory rules
www.mdiada.org,
after taking into account input
www.deiada.org
on the issues from the industry
being regulated. This goes on in all of our States. Below
is an example of third quarter 2015 enforcement and fines
imposed by the Pennsylvania banking regulator, but this
type of list is applicable in any of our five MidAtlantic States
regarding our active financial, licensing, and transportation
agency regulators.
The Pennsylvania Department of Banking and Securities
issued 11 enforcement orders during the third quarter of
2015.
Fines and assessments for these orders totaled $281,300,
including:
• Two Consent Agreement and Orders issued for violations
of the Consumer Credit Code which is the statute
affecting dealers;
• One Consent Agreement and Order issued for violations
of the Pennsylvania Securities Act of 1972;
• One Final Order issued for violations of the Pennsylvania
Securities Act of 1972, under which one individual was
barred permanently from the industry;
• One Consent Agreement and Order issued for violations
of the Money Transmitter Act;
• Three Suspension Orders issued for violations of the
Mortgage Licensing Act, under which the licenses of one
company and one individual were terminated, and the
licenses of two companies were suspended;
a complaint against any company
or individual regulated or licensed
by the Pennsylvania Department of
Banking and Securities. The same
goes for consumer complaints
reported to other State agencies
in our respective MidAtlantic
States.
PAULA FRENDEL
Executive Director
NYIADA and NJIADA
www.newyorkiada.org
www.newjerseyiada.org
Advice? Keep good written records of purchase transactions
and of any assistance and responses by your dealership to
any customer concerns after the sale. The regulators realize
that the consumer is providing their side of the story. Be
ready to tell and document your side of the story. You do
not have to cave in but instead can show all you did for the
consumer and how you complied with legal requirements and
engaged in proper business practices. And stay up to date
with available education from your trade associations and
their partner vendors.
NIADA MONITORING OF FEDERAL ENFORCEMENT
We are in Washington, DC as we go to press, meeting with
Congressional legislators and federal regulators, and hearing
from NIADA and their federal lobbyists who represent our
industry on a nationwide basis. Issues from advertising sting
operations to safety recalls and more abound.
Remember FTC Operation Steer Clear in which the FTC enforced against ten auto dealers that agreed to settle deceptive advertising charges in a nationwide sweep focusing on the sale, financing, and leasing of motor vehicles?
Or how about FTC Operation Ruse Control in which the FTC
and 32 law enforcement partners engaged in a nationwide
and crossborder crackdown to protect consumers when purchasing or leasing a car, encompassing 252 enforcement
actions?
• One Cease and Desist Order issued for violations of the
Mortgage Licensing Act;
We will let our members know what we learn and hear in DC
in our upcoming newsletters and email blasts.
• One Consent Agreement and Order issued for violations
of the Mortgage Licensing Act; and
Have a Great Sales Month!
• One Consent Agreement and Order issued for violations
of the Check Casher Licensing Act.
Oftentimes in our States, enforcement begins with inquiry from
a regulator based on a consumer complaint they received. In
the case of Pennsylvania, consumers can make inquiries or file
8 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
PIADA ANNUAL
BRONZE SPONSOR
To help our dealer partners end the year with a win,
we are increasing your profit sharing checks
10% for the fourth quarter of 2015.
Why? Because it’s been a great year and we want to
thank you for being an important part of our team.
For more information about
increasing your profit through our
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www.proguardwarranty.com
AN INTERVIEW WITH
LYNN WEAVER, GENERAL MANAGER,
AMERICA’S AUTO AUCTION HARRISBURG
By Peter Salinas
Editor’s Note: America’s Auto Auction Harrisburg, formerly Harrisburg Auto Auction, located in Mechanicsburg, PA recently
celebrated their 34th year Anniversary in October. In December 2014, they became America’s Auto Auction Harrisburg,
part of America’s Auto Auctions headquartered in Dallas, Texas. In February 2015, America’s Auto Auction Harrisburg was
presented with the GM Financial 2014 Auction of Excellence Award for outstanding performance for the Northeast Region.
MidAtlantic Dealer News had the privilege of interviewing Lynn Weaver, General Manager, America’s Auto Auction Harrisburg.
Q. Tell us a little about your
personal background.
A. I have been married to
my wife, Samantha, for 25
years. We have four children.
Clint is the oldest; he is the
Assistant General Manager of
the auction. Two girls, Corey and
Emily, who live in Washington,
D.C. and New York City. Austin
is a senior in college here in
Pennsylvania. He also works at
the auction on his non-college
days, so he’s actually interested
in the auction business as well.
We live in Mechanicsburg, PA,
which is about a mile away from the auction. So I drive by all
the time and can be here in just a few minutes, if necessary. Q. Please provide us a few details about your professional
background and relationship with the auction industry and
being General Manager of Harrisburg Auto Auction, and your
experience in the automotive industry?
A. I’m from the northern Virginia area. Grew
up in Virginia and went to Virginia Tech. After
graduation, I went to work for the NADA Used
Car Guide as a management trainee. I stayed
there for 20 years. When I left I was the official
editor of the NADA Used Car Guide.
We grew that business from 50,000
subscriptions to over 450,000 when I left. It
was a boom time in the used car guidebook
business and there were a lot of exciting
things that went on in that time frame. It
was a very competitive business. We even
grew it into California where Kelly bluebook
had always ruled.
We recognized the value of the emerging
computer technology and we automated
the data process for the industry. We
developed what has become AuctionNet
which is collaboration between the used
car guide and the auto auction industry. All
the auction sales data information was sent
10 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
to NADA electronically — something that hadn’t ever been
done before. Then we would gather it, sort it, and use it as a
basis for the used car guide applications. Of course it is still
in existence today. Probably 90 percent of the auctions in
the country are involved with it. Just about every entity in the
wholesale industry uses used car values in any way shape or
form from the NAAA/NADA AuctionNet system.
Q. How did you get your start in the auction business?
A. As a result of my work at NADA, I did a lot of work with the
auction industry, and got to know most of the auction owners
across the country. While I was at NADA, I was elected to
the NAAA Hall of Fame for the relationship with AuctionNet.
I began working with Stan Hoynitski at the Harrisburg Auto
Auction in 1994.
Eventually, I became general manager with Stan and Chip
Hoynitski and ran the auction for them. In the mean time
we brought on our partner John Congdon and then my son
Clint, who is the assistant general manager. It’s been a
long interesting ride, 40 plus years in the business. It’s just
unbelievable to look back at all the changes and things that
have happened.
We were purchased by the America’s Auto Auction Group in
December 2014, and are now formally called
America’s Auto Auction Harrisburg. The chain
is headquartered in Dallas, Texas. We are
their 11th and largest auction. We get a lot
of autonomy in running the facility.
Q. Give us some details about the auction facilities.
A. We’re just under 50 acres. We have three different facilities.
Our main facility here is entirely paved. We have six auction
lanes, but we literally run 10 or 11 lanes a week because we
run different groups of cars at different times. We start in
the morning with two lanes. We run what we call AA Absolute
lane. We run our in-op video lane next to it.
When that runs down we start all 6-dealer consignment
lanes. Then we run three fleet-lease and repo lanes. We start
at 8:45 and don’t finish until 4:00. So we’re running 11 lanes
out of a 6-lane facility. We run on Thursdays. We also run a
specialty sale the last Thursday of each month; it includes
commercial trucks and stuff like motorcycles, RVs, boats and
any other equipment we can gather up.
We also have a full transportation and marshaling facility
which is where we do all our vehicle check-in and condition
reports. Our third facility is our mechanical shop.
We have just over 300 employees here — 100 full time
and 200 part time. Everyone’s here on Thursdays. We run
about 1,800 units per week. Usually, we sell about 60 percent
of them. We of course have all of the 24/7 internet sales
options with all the platforms that are out there. We tend to
sell another 25 to 50 every week that don’t cross the block.
We do everything here. We have a full transportation
department both in and out. Full recon shop with all of the
peripheral services: paint less dent repair; windshield repair;
keys; all of that is provided here. We have a full mechanical
repair shop. We do about 90 percent of our clients and dealers
work, but we do a little bit of outside work on our own vehicles.
Q. What are some of the key challenges in your operations?
A. The major challenges are technology. It changes so
quickly. These are not little
tweaks, they’re major. It’s
a constant re-evaluation of
what the industry’s doing.
All the information comes up
instantaneously, and dealers
are making decisions right
in the lanes that affect the
retail side of the business.
We’re always trying to figure
out better ways to reach
our customers. We’re always
trying to see or plan for what
the next big thing is.
Q. Congratulations, I understand Oct. 8, 2015 was
Harrisburg’s 34th Anniversary Sale!
A. Yes, and everyone was complementing on how great the
auction looked and how nice our sales staff is, people like
doing business here. I always love to see smiles on people’s
faces. I love to see a lot of people here. And I love to walk by
and shake people’s hands and ask about their family and how
their doing, what they been up to lately, and how their business
is going. This business has always been about people.
Q. Tell us about the challenges and satisfaction that comes
as a result of being the General Manager of a very busy
wholesale auto auction?
A. I see technology as both being a challenge and a benefit.
I go online and look at some other auctions through the
simulcast feeds, and it just kills me to see a big well-known
auction and there’s nobody there. The only activity they have
is online. That scares me a little bit because we are losing
the personal touch. You’re losing that relationship with the
dealer. You may never meet the guys that are turning into the
biggest buyers.
I really think it scares the sellers a little bit as well, because
you get up on the block and there’s nobody in the lane and
their waiting to see if that screen up there starts lighting up.
Yesterday, we had about 1,000 bidder badges here and about
2500 people because of our chicken barbecue, everyone
brings their wife, their friends and family. We constantly strive
to have fun at the auction. But, we also know dealers are
busy, we have plenty of people at the counters so nobody
has to wait in line.
Another challenge is the cars themselves. The cars
are getting so complicated
now. The manufacturers are
setting policies that only allow
them to do a certain kind of
computer diagnostics and
service work, make keys and
those kinds of things. That’s
complicating our business. We
can’t do some of the simple
repairs at the auction for our
clients. We have to get in line
at a franchise dealership to
get some of that work done.
I think this is a problem for
CONTINUED ON PAGE 12
MIDATLANTIC DEALER NEWS NOVEMBER 2015 | 11
AN INTERVIEW WITH LYNN WEAVER
CONTINUED FROM PAGE 11
the used car dealer as well. They rely on us auctions to help
them get some things done to get those cars front line ready.
Q. What is one of the biggest challenges to the auction
industry?
A. Legal and regulatory issues have been and will remain an
issue. Government has gotten very involved in our business
with regulations on the environment, to titling and now recalls.
These proposed recall regulations not only affect us, it puts
the used car dealers and us into a position where we can’t
respond quickly. It will plug up the system and that will cut
into profits. We can’t keep these cars moving, which is key
to making a profit. If the government expects all of this to be
done, and only allow the new car dealer to do it, there will be
trouble. It’s a complicated equation and I know the people in
Washington haven’t thought it through. Q. Technology changes on almost a weekly basis now. How
has the auction industry relationship with the automotive
retailer and buyers changed?
A. Technology has made things a lot better. It makes everything
run smoother. The worst thing that could ever happen anymore
is a computer glitch or a computer malfunction. A power
shortage — wow, if we had to go back to paper, I’m not
sure people would know how to do it. It’s simplified so many
procedures throughout the auction storing information and
giving us the ability to reference history, it’s just amazing.
Q. Harrisburg is in a unique situation competitively, is it not?
A. At Harrisburg, we have a really interesting dynamic. There
are four, big, very good auto auctions in the same region in
three days. All these auctions are within 30 miles of each
other, so it’s really a strange phenomenon. Wednesday starts
off with ABC and ADESA. Thursday is Harrisburg, and then
we’ve got the Manheim sale on Friday. So we have dealers
from all over the country that are flying in to start buying
cars. And they have over 10,000 to choose from.
There are probably only a handful of places in the country
where dealers can come into an area like that and see
12 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
10,000 cars in a few days or more. The buyers will fly in the
night before, and stay at the local hotels and eat at the local
restaurants the night before the big sale. It’s a huge impact
on the economy.
Q. Tell us a little about your auction’s community works in
the area and region.
A. We never turn anybody down that comes to the auction
and asks for help for something. We continually work with
PIADA and MARIADA to help our state associations. We feel
very strongly that the strength of those dealer associations,
particularly used car dealer associations, is critical to the
health of the industry. It worries me that the numbers are
dropping a little bit. So that’s one thing that we constantly
keep an eye on. We advertise with them. We give them booth
space here at the auction. We give them the microphone
when they’re here. Whatever we can do to help them run the
association and make it successful here for them.
We’re involved in all kinds of community service. Our staff
usually adopts a couple of families at Christmas time. We’ll
take them under our wing to make sure they have presents
and decorations and anything else they need. We’ve got a
big church next to us. Their always having events with their
folks. We work closely with them. Rent a tent or rent an ice
cream truck for them for their events. Our biggest charities
are usually the Salvation Army and the United Way. We work in
conjunction with them to hold an auction. We get the dealers
to donate a couple of cars. Usually we’ll end up with maybe
50 cars. Some of them are clunkers but there are usually
always a couple of gems hidden in there. All of the money
raised from the sale is donated to the Salvation Army. So
it’s just a win-win fun day.
Our staff jumps right in for these activities, in fact, they’re
the reason we’ve been so successful for so long. There is a
lot of talent here, and they have been here a long time. We
have a few employees who have been here for all 34 years.
It’s a testament to them, and we’re proud they stay with us.
Our staff and our dealers are what have made Harrisburg
successful for 34 years! 3
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MIDATLANTIC DEALER NEWS NOVEMBER 2015 | 13
$
$
$
PENNSYLVANIA BUDGET IMPASSE – $
$ FREQUENTLY ASKED QUESTIONS $
Here is what the Pennsylvania Office of the State Budget has to say about the current Commonwealth
lack of an agreed upon State Budget and its effect on dealers, auctions, vendors, and the general public.
It is noted that the budget is four months late and should have been in place beginning July 1, 2015.
Question 1: What is a budget impasse?
Answer: By June 30 of each year, the Commonwealth must
approve a budget that sets funding levels for the following
fiscal year (FY), which begins on July 1. If a budget has not
been approved, the Commonwealth is prohibited from making
many payments. This period, known as a budget impasse,
continues until a budget is approved.
Question 2: Will a budget impasse create any risks to the
general public?
Answer: No. The Commonwealth will continue operations
for all critical functions that impact the health, safety and/or
welfare of the citizens of Pennsylvania.
Question 3: Will a budget impasse affect public access to
any Commonwealth operated facilities?
Answer: No. The Commonwealth will continue operations
for Commonwealth-operated facilities, such as state parks,
county assistance offices, prisons, youth development
facilities and PennDOT locations.
Question 4: What Commonwealth operations will be
impacted by a budget impasse?
Answer: Many Commonwealth expenditures cannot be made
without an approved budget and will be delayed until that
occurs.
Question 5: What type of payments can be made in a budget
impasse?
Answer: The Commonwealth will continue to make payments
and continue operations in all areas that affect the health,
safety, and protection of Pennsylvanians or as required
under Federal Law, state court decisions or the Pennsylvania
Constitution, including:
• Public benefit programs administered by the state,
including unemployment compensation, cash assistance,
support for Women, Infants and Children (WIC);
• Health care services paid for through Medical Assistance,
for hospitals, other healthcare providers and and nursing
homes, and transportation to medical appointments
through the Medical Assistance Transportation Program
(MATP);
• Child care subsidy payments;
• Home and community based services, including attendant
care, for seniors and people with disabilities;
• Prescription drug coverage under the PACE program;
• Pension programs for Blind and Paralyzed Veterans;
• Medicare Part A and B premium payments;
• Early intervention, autism and intellectual disability
services;
• State Workers’ Insurance Fund payments;
• Commonwealth employee payroll, including pension
contributions; and
• Prize payments to Pennsylvania Lottery winners.
14 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
Question 6: What payments cannot be made during a budget
impasse?
Answer: Most payments to vendors or to grantees for
programs or expenditures incurred during FY 2015-16 that
are authorized through the budget will be delayed until a
budget is approved.
Question 7: How will the budget impasse affect education
funding?
Answer: To the extent these funds must be appropriated by
the General Assembly, payments will not be processed until
a budget is approved for FY 2015-16.
Question 8: How will the budget impasse affect highway
construction projects?
Answer: Construction can proceed for all work and payments
funded from prior year appropriations. Examples of programs
with available prior year funding include: Maintenance,
Construction, Welcome Centers, Re-investment in Facilities,
Aviation Operations, and Safety Administration. Vendor
payments for goods or services incurred in FY 2015-16 will
not be made until a budget is approved.
Question 9: Will Commonwealth agencies process invoices
from vendors?
Answer: Yes. Vendors with state contracts who continue to
provide goods and services to commonwealth agencies can
submit invoices and Commonwealth agencies will process all
invoices received. All invoices held during the budget impasse
will be sent promptly to the State Treasury for processing after
the FY15-16 budget is enacted.
Question 10: How will the budget impasse affect existing
contracts?
Answer: Most state contracts include language addressing
this situation, which states that the commonwealth’s
obligation to make payments shall be subject to the availability
and appropriation of funds and that contractors may not stop
work or refuse to make delivery because of non-payment. If
the Commonwealth’s untimely payment results in a default
situation, the contractor may pursue the remedies set forth
in the contract.
Question 11: Can Commonwealth agencies enter into new
contracts for 2015-16?
Answer: Agencies may enter into new contracts for FY 201516. The contracts will clearly state that payment is subject
to appropriation.
Question 12: Will Commonwealth revenues continue to be
collected and deposited during a budget impasse?
Answer: Yes.
When will the Pennsylvania Budget Impasses be resolved?
As of the time of this edition of the MidAtlantic Dealer News
Magazine going to press, the answer was uncertain. 3
SHORT DRIVE
GREAT DEALS
Manheim New York is one of the most easily accessible auctions around.
MANHEIM
NEW YORK
On the crossroads of the Northeast in Newburgh, Manheim
New York is easily accessible by plane, train and automobile.
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t"RVJDLUSJQGSPN(SBOE$FOUSBMUPUIF.FUSP/PSUITUPQJO#FBDPO
t-PDBUFEBUUIFJOUFSTFDUJPOPGUIF/FX:PSL4UBUF5ISVXBZ*
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2000 Dealer Drive
Newburgh,NY 12550
www.manheim.com
CENTRAL PENNSYLVANIA AUTO AUCTION’S
14TH ANNIVERSARY ANTIQUE & CLASSIC AUCTION
On July 17 – 18, 2015, Central Pennsylvania Auto
Auction (CPAA) in Lock Haven, Pennsylvania held
its 14th annual Antique & Classic Car Auction.
Grant Miller, Owner, Doug Miller, VP/COO, and Tim
Keohane, General Manager, were the hosts of this
much anticipated annual event. “It was our best
one yet,” said General Manager Tim Keohane.
CPAA reported 600 buyers and sellers from 23
States attended from as far away as Washington State with 71% of the vehicles being sold at
$7.118 million in gross sales. Next year’s 15th
annual Antique & Classic Auction event at CPAA is
scheduled for July 14 – 16, 2016. 3
Photos by Jerry Trone,
Plaza Motors,
Hanover, PA
MIDATLANTIC DEALER NEWS NOVEMBER 2015 | 19
DID YOU KNOW? NEW JERSEY LAW
PROTECTS SECURED LIENHOLDERS
OVER ANYONE ASSERTING A LIEN FOR
THE STORAGE OF A MOTOR VEHICLE
Anthony Bush is a
Member in Eckert
Seamans’ Princeton
Office with over two
decades of experience
with automotive issues.
He counsels a wide
spectrum of clients
including automobile
dealerships, operators
of wholesale motor
vehicle auctions, auto
parts distributors,
finance companies,
and auto body repair
facilities.
By
Anthony Bush, Esq., Eckert Seamans Cherin & Mellott, LLC
If you are a buy here pay here dealer, you probably have a security interest in your customers’
vehicles. Despite protecting your risk with a GPS or starter interruption device on the vehicles,
you may encounter a situation where a customer defaults on their loan and the vehicle is
found in a parking garage or repair shop. The party in possession of the vehicle will likely
demand payment in exchange for the release of the vehicle, also known as a garage keepers
lien. A similar situation may occur where your dealership consigns vehicles to another dealer
in which it has a perfected security interest in order to reduce excess inventory or increase
sales volumes, and that consignee goes out of business while those vehicles were left at a
garage for repairs. Again, the garage insists payment prior to releasing the vehicle to you.
Luckily, New Jersey law (and a handful of other states) protects dealers from these types of
situations. As a secured lien holder, you don’t have to pay either the parking garage facility or
the repair facility to recover your vehicle. The law in New Jersey is clear-- the garage keepers’
lien is inferior or subordinate to your lien under both New Jersey statutes and well-settled
case law. Thus, the secured lender wins and the garage or repair shop bears the brunt of
the loss in the situations described above. 3
20 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
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ARE THEY GETTING
ANYTHING DONE IN HARRISBURG?
By Bob Keaton, Senior Associate, Bigley and Blikle, LLC
Many of us remember School House Rock’s version of how a bill becomes a law. The bill sits
on the steps of Capitol Hill hoping to one day become a law. While this gives us a laugh the
process itself is not known to make a person laugh or smile.
We have all said at least once, “Are they getting anything done in Harrisburg?” Every year it
seems we see June 30th come and Pennsylvania is trying to get another budget passed.
BOB KEATON
Bob is a Senior Associate
at Bigley and Blikle,
LLC. Bob has worked in
government affairs as a
corporate lobbyist with
Sunoco, Inc. and as a
Policy Director for former
Governor Tom Ridge. Most
recently, he worked as the
Legislative Director for
NFIB.
Unfortunately, the process for a bill to become a law has many moving parts by design. We are
all familiar with the discussions of gridlock in Washington, D.C., but few people really understand
some of the same political issues and questions are here in Pennsylvania.
Every year we hear about gridlock and nothing is being done, but isn’t that part of the process?
Our forefathers wanted the process to be challenging so that, no one party, governor, interest
group or lobbyist could control the process. If this is a fact, then this grand plan must be working.
Some things to consider:
■ In Pennsylvania, an
average two year
legislative cycle
will see 4,000 bills
introduced with a
little over 200 bills
signed into law.
■E
ver y two years
member s of the
House are elected
and every four years
in the Senate (the
Senate elect odd
numbered districts
on odd years and
half even-numbered
on even years). In
the past 10-plus
years there has
been considerable turn over in each chamber and in a state the does not have mandated
term limits.
■ By law, a balanced state budget must be passed in Pennsylvania. With the exception of the
Ridge years, a budget takes months to put together and passes on or before June 30 as
directed by the state constitution.
In the past, gridlock was due to a divided struggle for power with one party controlling the
House and another the Senate. Today the division can be seen inside each party caucus with
Yellow Dog Democrats and Tea Party Republicans each adding pressure on issues and spending.
In the 1960s and 1970s compromise was not viewed as a weakness and that is how Congress
put a man on the moon. Today the inner party struggles impacting Congress can be seen on a
state level in Pennsylvania and this more than anything is causing gridlock.
Bipartisan progress or reform can only be achieved if a governor or president is interested in
it. The chief executive is the only one who can set the tone and change the partisanship and
lack of compromise that continues, it seems, every legislative session.
So the next time you watch School House Rock and you see the bill sitting on the steps of
Capitol Hill waiting to become a law, remember the wait will be a lot longer than expected. 3
22 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
BelAir_4.22x5.65_ad.pdf
1
12/11/13
10:51 AM
FOR INFORMATION
ON MEMBERSHIP...
PIADA – MDIADA – DEIADA
Contact Shannon at 717.238.9002 x 18
[email protected]
www.piada.org
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Contact Paula at 855.694.2324
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COMMITTED TO MEETING THE
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Enforcement Matters ■ Warranties ■ Insurance ■ Service Contracts and SCRIPs ■ Leasing
Internet Sales ■ ELT Program ■ Contracts ■ Repossessions ■ Starter Interruption Devices and GPS
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MIDATLANTIC DEALER NEWS NOVEMBER 2015 | 23
AUCTIONDIRECTORY
PENNSYLVANIA
ABC - LANCASTER AA
1040 Commercial Ave., P.O. Box 406
East Petersburg, PA 17520
Phone: 717.569.5220 / Fax: 717.569.3109
Greg Gehman, Owner/Operator; Ed Fazio, GM
Weekly Sales Wed. 9:00 A.M.
Office: M-F 8:30-5:00
www.abclancaster.net
ADESA MERCER
758 Franklin Road, Mercer, PA 16137
Phone: 724.662.4500 / Fax: 724.662.2840
Barry Fabricant, GM; Sharon White, Fleet Manager
Friday 9:00 A.M.
Office: M-F 8-5:00
www.adesa.com
ADESA PA
I-83 Ex. 28 (Old Ex. 12),
30 Industrial Rd., York, PA 17406
Phone: 717.266.6611 / Fax: 717.266.7650
George Johnson, GM
Angel Alicea, Fleet Manager
Igor Skinder, Sales Manager
Wednesday 8:20 A.M.
Powersports Sale, 4th Wed. of every month
www.adesa.com
ADESA PITTSBURGH
378 Hunker Waltz Mill Rd., New Stanton, PA 15672
Phone: 724.925.4700 / Fax: 724.925.4701
Bernie Nemec, Dealer Contact
Tuesday 9:00 A.M.
www.pittautoauction.com
AMERICA'S AA - HARRISBURG
1100 S. York St., Mechanicsburg, PA 17055
Phone: 717.697.2222 / Fax: 717.697.2234
Lynn Weaver, GM; Clint Weaver, AGM; John
Congdon, Operations Manager; Sharon Guise,
Office Manager; Tom Wesner, Dealer Sales; Tammy
Leppo, Dealer Sales; Randy Donovan, Dealer
Sales; Glenn Gochenaur, National Accounts
Every Thursday 8:45 A.M.
www.harrisburgautoauction.com
AMERICA’S AA - PITTSBURGH
55 E. Buffalo Church Rd.
Washington, PA 15301
Phone: 724.225.1777 / Fax: 724.225.7223
Lou Craig - GM; Skip Thomas - GM
Thursday 12:30 P.M.
www.americasautoauction.com
BLOOMSBURG AUTO AUCTION
25 Ridge Road, Bloomsburg, PA 17815
Phone: 570.784.2306
Wednesday 1:00 P.M.
John and Heather Vance, Owner/Operators
www.bloomaa.com
CENTRAL PENNSYLVANIA AA
Exit 178 of I-80, Lock Haven, PA 17745
Phone: 800.248.8026 / Fax: 570.726.7841
Grant Miller, Owner; Doug Miller, V.P./COO
Tim Keohane, GM
Thursday 10:00 A.M.
Office: MTF 8-5:30 W-Th 8-6:00
www.cpaautoauction.com
CORRY AUTO DEALERS EXCHANGE
P.O. Box 317, Route 6, Corry, PA 16407
Phone: 814.664.7721 / Fax: 814.664.7724
Tad Swift, Auction Manager
Jeri Elmquist, Dealer Contact
Thursday 10:00 A.M.
www.corryade.com
GARDEN SPOT AUTO AUCTION
Robert Rd. & Apple St., Ephrata, PA 17522
Phone: 717.738.7900 / Fax: 717.738.7930
Kevin Luring, Marketing Manager; Kristi Kohl, GM
Omar Landis, Owner
Tuesday 10:00 A.M.
www.gardenspotautoauction.com
GREATER ERIE AUTO AUCTION
7700 Avonia Road, (Exit 16 of I-90 & PA Route 98)
Fairview, PA 16415-0916
Phone: 814.474.3900 / 877.474.GEAA Fax: 814.474.4969
Todd Briggs, Co-Owner/GM; Chuck Williams,
Dealer Contact/Sales Manager; Todd Briggs, Fleet
Lease Repo Contact; Scott Porter, Transportation
Re-Con Manager; Chrissy Briggs, Marketing Manager
Tuesday 2:30 P.M.
www.greater-erie.com
MANHEIM KEYSTONE PENNSYLVANIA
488 Firehouse Road, Grantville PA 17028
Phone: 717.469.7900 / Fax: 717.469.2842
Sal Cuomo, Manager
Tamra Habbershon, Dealer Services Manager
Shirley Kennedy, Office Manager
Every Monday 11:00 A.M.
www.manheim.com
MANHEIM PENNSYLVANIA
1190 Lancaster Rd., Manheim, PA 17545
Phone: 717.665.3571 / Fax: 717.665.9265
Julie Picard, VPGM; Tim Doyle, AGM; Kevin Gantz,
AGM; Amy Taitano, AGM; Sal Cuomo, AGM; Randy
Derr, AGM; Darren Teague, Auction Manager
Exotic Highline Sales every other Thurs.- 9:00 A.M.
Every Friday Sale 8:30 A.M.
www.manheim.com
MANHEIM PHILADELPHIA AA
2280 Bethlehem Pike, Hatfield, PA 19440
Phone: 215.822.1935 / Fax: 215.822.8140
Charles Pollina, GM; Scott Mulligan, AGM
Gregg Pachik, Dealer Services Manager
Troy Moyer, Commercial Accounts Manager
Tuesday 9:30 A.M.
TRA Sale - Tuesday 1:00 P.M.
Office: M-Th 8:30-5 F 8:30-3
www.manheim.com / www.traauctions.com
MANHEIM PITTSBURGH AA
21095 Route 19, Cranberry Twp., PA 16066
Phone: 724.452.5555 / Fax: 724.452.1310
Tom McDonald, GM; Chris O’Donnell, AGM
Shawn Byers, Commercial Accounts Manager
Melissa Robison, Dealer Services Manager
Wednesday, 9:00 A.M.
www.manheim.com
NORTH EAST PENNSYLVANIA AA
860 N. Keyser Ave., Scranton, PA 18504
Phone: 570.207.CARS / Fax: 570.207.1860
James Gaughan, Owner; Joseph Gaughan, Dealer
Contact; Lisa Cohowicz, Dealer Contact
Kevin Jennings, Dealer Cnt/F-L
Tuesday 10:00 A.M.
www.nepautoauction.com
ORANGEVILLE AUTO AUCTION
2040 St., Rt. 487, Orangeville, PA 17859
Phone: 570.683.4006 / Fax: 570.683.4018
Brenda Hartzel, Dealer Contact
Angela Dawson, Dealer Contact
Wednesday 10:00 A.M.
www.orangevilleautoauction.com
24 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
PERRYOPOLIS AUTO AUCTION
Route 51 S. Perryopolis, PA 15473
Phone: 724.736.4445 / Fax: 724.736.0466
Renee Smith, Director of Operations
Friday 9:45 A.M.
www.perryautoauction.com
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MARYLAND
BSC AMERICA/BEL AIR AUTO AUCTION
803 Bel Air Rd., Bel Air, MD 21014
Phone: 410.879.7950 / Fax: 410.893.1515
R. Charles Nichols, President;
Michelle Nichols-Neff, Vice President;
Cindy Mitchell, VP of Fleet Operations;
Mike Corrado, Dealer Sales; Chuck Wenzel,
Dealer Sales; John Bellus, Dealer Sales;
Christina Thorneycroft, Dealer Sales
Thursday 8:30 A.M.
www.bscamerica.com
MANHEIM’S BALTIMOREWASHINGTON AA
7120 Dorsey Run Rd., Elkridge, MD 21075
Phone: 410.796.8899 / Fax: 410.799.0512
Toll Free: 800.533.2923
Steve Sirianni, GM; Tina McCarty, AGM
Sherry Houghtling, Dealer Sales Mgr.
Brian Seabrease, OVE Mgr.
Matt Groller, Fleet/Lease Mgr.
Tuesday Sale starting @ 9:30 A.M.
TRA Salvage Sale @ 1 P.M.
www.manheim.com
NEW JERSEY
ADESA AUCTION OF NEW JERSEY
200 N. Main, Manville, NJ 08835
Phone: 908.725.2200 / Fax: 908.725.3446
Craig Estep, GM
Consignment Sale Thursdays 8:45 A.M.
Topline Sale 9 A.M. monthly Thursdays
GM Factory Sale Bi-weekly Tuesdays 10 A.M.
www.adesa.com
MANHEIM NEW JERSEY AA
730 Rte. 68, P.O. Box 188, Bordentown, NJ 08505
Phone: 609.298.3400 / Fax: 609.298.4489
Pete Sauber, GM; Greg Conover, AGM
Wednesday 9 A.M.
www.manheim.com
NEW YORK
ADESA BUFFALO
SWADE SCRANTON/WILKES-BARRE ADE
11 R. South Keyser Ave., Taylor, PA 18517
Phone: 570.961.3800 (Scranton)
Phone: 570.823.2800 (Wilkes-Barre)
Fax: 570.562.1344
Justin Priblo, Dealer Contact
Dottie Arnone, Office Manager
Gene Scagliotti, Owner
Monday 6:00 P.M.
www.swadeaa.com
BUFFALO AUTO AUCTION
8418 Southwestern Blvd., Angola, NY 14006
716.549.4800
Sally Schueckler, GM
[email protected]
MANHEIM ALBANY
459 Route 146, Clifton Park, NY 12065-0440
518.371.7500
Jay Waterman, GM
[email protected]
MANHEIM NEW YORK AA
2000 Dealer Drive, Newburgh, NY 12550
Phone: 845.567.8400 / Fax: 845.567.8410
Mark Pester, GM / Darryl Vrooman, AGM
Sale Day Wednesdays 9 A.M.
Monthly Tuesday Ford Factory Sales 10 A.M.
3rd Tuesday of the Month Specialty Sales 10 A.M.
1st Wednesday of the Month Heavy Truck &
Equipment Sales 10 A.M.
Office: M,T, Th 9-5, W 7-6, F 9-1
www.manheim.com
ROCHESTER’S CENTRAL AUTO AUCTION
20 Cairn Street, Rochester, NY 14611
Julie Quinn, GM
585.328.2277
[email protected]
ROCHESTER- SYRACUSE AUTO AUCTION
1826 State Route 414, P.O. Box 129
Waterloo, NY 13165
315.539.5006
Scott Prankie, GM
[email protected]
STATE LINE AUTO AUCTION
830 Talmadge Hill Rd. S., Waverly, NY 14892
Phone: 607.565.8151 / Fax: 607.565.8659
Jeff Barber, Owner; Jim Terwilliger, Sales Manager
Neal McEwen, Fleet/Lease Manager
GM Closed Factory Sale Alternate
Thursdays @ 10:00 A.M. Sharp
Dealer Consignment Sale
EVERY Friday @ 9:20 A.M.
www.statelineauto.com
12200 Main St., Akron, NY 14001
Phone: 716.542.3300 / Fax: 716.542.3547
Warren Clauss, GM, Mike Phillips, Assistant GM
Consignment Sale Tuesday 9 A.M.
Boat & RV Sale 2nd Tuesday Monthly 11 A.M.
Ford Factory Tuesday Monthly 9 A.M.
Office: M-Tu: 8-5, W: 8-4, Th: 9-4, F: 9-3
www.ADESA.com/Buffalo
ADDITIONAL STATES
MOUNTAIN STATE AUTO AUCTION
ADESA LONG ISLAND
WINCHESTER AUTO AUCTION
425 Patchogue Yaphank Rd., Yaphank, NY 11980
Noel Nixon, GM
631.205.5000
www.adesa.com/LongIsland
ADESA SYRACUSE
5930 State Rte. 31, Cicero, NY 13039
David Taylor, GM
315.699.2792
www.adesa.com/Syracuse
Route 2, Box 835, Shinnston, WV 26431
Phone: 304.592.5300 / Fax: 304.592.3510
Chad Garrison, GM; Joe Pyle, Owner
Monday 10:30 A.M.
Office: 9-5:00
www.mtstateaa.com
12828 Winchester Ave., Bunker Hill, WV 25413
Phone: 304.229.4400 / Fax: 304.229.9067
David Angelicchio, Chairman & CEO; Dennis
Angelicchio, President; Bryan Dougherty, GM
Friday 10:00 AM
www.WinchesterAA.com
YORKMONT AUTO AUCTION
799 South Main Street, Fair Haven, VT 05743
Phone: 802.278.8057 / Fax: 802.457.7110
[email protected]
PENNSYLVANIA FORMS DEALERS CAN ORDER
EXIT 16
I-90 & RT. 98
FAIRVIEW, PA
“WE ARE THE DEALER’S AUTO AUCTION”
2 WEEK THANKSGIVING
CELEBRATION!
TUESDAY, TH
17
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500+/– TOTAL UNITS EVERY TUESDAY - 2:30
814-474-3900 • (877) 474-GEAA • Fax (814) 474-4969
www.greater-erie.com
“GOTTA GET TO ERIE”
◊ Garage and Automobile Liability
◊ Dealer Physical Damage
◊ Tow Truck on the Same Policy
◊ Quick Quote Turnaround
◊ Low Monthly Payments
DESCRIPTION
QUANTITY
“As is” Supplemental Statement
Buyers Guide Plastic Holders (50)
Buyers Guide Window Form
Buyers Guide Window Form (Spanish)
Consignment & Sales Agreement Form
Deal Jackets
Fees Chart (wall mount)
Installment Sales Contract (100)
Key Tags (250)
Lease Agreements
Limited Warranty
No Purchase Required Disclosure
Notary Receipt Pad
Notary Register
Odometer Mileage Statement
Power of Attorney Disclosure Forms
Rental Agreements
Retail Buyer Order Form
Secure Power of Attorney
Secure Power of Attorney Log Book
Temp Tag Log Book Title Release Authorization Used Vehicle Record
MEMBERNON-$MEMBER MEMBER EXT
NON-M EXT
_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ 24. 40.00 $ 00
18. $ 00
18. $ 00
18. $ 00
24. $ 00
14. $ 00
75. $ 00
32. $ 00
53. $ 00
26. $ 00
24. $ 00
15. $ 00
15. $ 00
18. $ 00
18. $ 00
32. $ 00
32. $ 00
50. $ 00
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15. 48. 80.00 $ 00
36. $ 00
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28. $
129.00 $ 00
64. $
106.00 $ 00
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48. $ 00
30. $ 00
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ADP FORMS
Customer Delivery Check List
Customer Proposal
Damage Disclosure
Delivery Confirmation
Goodwill Repair Acknowledgement
Insurance Coverage Acknowledgement
Interpreter Confirmation of Translation
Lease Spot Delivery Agreement
Notice to Co-Signer
Test Drive Agreement
Trade-In Appraisal
_______
_______
$
_______
$
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$
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Subtotal $ _______ $ _______
PA Sales Tax $ _______ $ _______
Shipping $ per pound + Special Shipping $ at cost. Total w/o shipping $_________
P lease make checks payable to PIADA, 1501 North Front St., Harrisburg, PA 17102
(call in to receive shipping cost to include in payment) or you may fax orders to
717.238.3870 with credit card information. *All orders MUST be accompanied by a
method of payment. *Must provide DIN if applicable.
Dealership_________________________________________________________________________
Contact_______________________________________________Date_________________
Address___________________________________________________________________________
607 Corporate Drive, West
City_______________________________________________State ______Zip__________
Langhorne, PA 19047
Phone _____________________Fax ____________________*DIN____________________
215-860-6510 Tel.
Card Type:
 VISA
 MasterCard
 AMEX
Name on Card____________________________________________________ Exp. Date________
www.KramerInsuranceCenter.com
Card Number _____________________________________ Security Code________
MIDATLANTIC DEALER NEWS NOVEMBER 2015 | 25
LEGAL CORNER
THE CARLAWYER©
By Thomas B. Hudson and Nicole Frush Munro
Hello again! This month, we feature developments from the Consumer Financial Protection
Bureau, the Federal Trade Commission, and the Department of Justice we thought might
interest those in the auto sales, finance or leasing business. We also recap some of the auto
sale and financing lawsuits we follow each month. Remember – we aren’t reporting every
recent legal development, only those we think might be particularly important or interesting
to industry.
Why do we include items from other states? We want to show you new legal developments
and trends. Also, another state’s laws might be a lot like your state’s laws. If attorneys
general or plaintiffs’ lawyers are pursuing particular types of claims in other states, those
claims might soon appear in your state.
Note that this column does not offer legal advice. Always check with your own lawyer to learn
how what we report might apply to you, or if you have questions.
THIS MONTH’S CARLAWYER© COMPLIANCE TIP
Tom ([email protected])
and Nikki (nmunro@hudco.
com) are partners in the
law firm of Hudson Cook,
LLP. Tom is the author of
a book, CARLAW®, and is
the Editor/author of the
CARLAW® F&I Legal Desk
Book. The books are
available at www.counselor
library.com. Tom is also
the publisher of Spot
Delivery®, a monthly
legal newsletter for auto
dealers, and the Editor
in Chief of CARLAW®, a
monthly report of legal
developments in all states
for the auto finance and
leasing industry (not to be
confused with the book).
Nikki is a contributing
author to the F&I Legal
Desk Book and frequently
writes for Spot Delivery®.
Spot Delivery®, CARLAW®
and the books are produced
by CounselorLibrary.com
LLC. For information, call
410.865.5411 or visit
www.counselorlibrary.com.
Copyright CounselorLibrary.
com 2015, all rights
reserved. Single publication rights only, to the
Association.
HC# 4834-9578-6537
10/15)
Do you use mandatory arbitration agreements to help protect your company against class
action lawsuits? If you do, go fetch a deal jacket and count the number of different arbitration
agreements you find. Is there one in the retail installment sales contract? Another freestanding one? Another in your buyer’s order? Yet another in the GAP contract you are selling?
Courts don’t like it when this happens. Your customer’s lawyer will argue that the customer
could not possibly have agreed to all those different arbitration agreements, and the court
will be tempted to say that none of the agreements is enforceable. That would be a good
day for the class action lawyer and a bad day for you.
FEDERAL DEVELOPMENTS
Fool Me Twice, Pay $80,000. On September 18, the FTC announced that Ramey Motors,
Inc., a West Virginia dealership, agreed to pay an $80,000 civil penalty to resolve claims
that it violated the terms of a 2012 consent order barring it from deceptively advertising the
cost of buying or leasing vehicles. The dealership allegedly concealed important terms of
sale and lease offers, such as a required down payment, and allegedly failed to clearly and
conspicuously provide the terms of credit.
How Are Your Phone Manners? On September 11, the FCC’s Enforcement Bureau cited First
National Bank (“FNB”) and Lyft, Inc., a ride-sharing service, for violating rules implementing
the Telephone Consumer Protection Act by making autodialed and/or prerecorded marketing
calls and texts to consumers’ cell phones without the consumers’ prior express consent.
Under the TCPA rules, a company may not require consumers to agree to receive autodialed
calls and texts as a condition of buying any good, service, or property. FNB allegedly required
consumers to agree to receive autodialed marketing text messages in order to use its online
banking services and Apple Pay service. Lyft’s terms of service allegedly allowed consumers
to opt out of receiving autodialed and/or prerecorded marketing texts and calls, but the FCC
contended that the opt-out feature on the company’s website was not easy to locate, and
even if consumers were able to opt-out, they were unable to use Lyft’s services until they
opted back into receiving such marketing calls and texts. The citations are a warning to the
companies that if they continue to violate the law, the Commission may impose sanctions.
Another CFPB Enforcement Action on Discrimination. On September 28, the CFPB announced
an action against Fifth Third Bank, for allegedly discriminatory auto finance pricing. The joint
CFPB and Department of Justice auto-finance enforcement action requires Fifth Third to
change its pricing and compensation system to minimize the risks of discrimination, and to
pay $18 million to harmed African-American and Hispanic car buyers. Under the order, Fifth
Third will reduce dealer discretion to mark up the interest rate to only 125 basis points above
the buy rate for auto credit contracts with terms of 5 years or less, and 100 basis points
for auto credit contracts with longer terms. The order gives Fifth Third the option to move
to non-discretionary dealer compensation. The Bureau says that it did not assess penalties
26 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
against Fifth Third because of the steps the company is taking
that directly address the fair lending risk of discretionary
pricing and compensation systems by substantially reducing
or eliminating that discretion altogether.
LITIGATION
Loser-Pays Arbitration Provision Stricken from Arbitration
Agreement as Unconscionable. A car buyer sued an online
seller, alleging that when the car was delivered, agreed
upon repairs were not completed. The trial court stayed
the proceeding pending arbitration. The buyer appealed,
arguing that the arbitration agreement was invalid because
it contained a loser-pays provision that was against public
policy. The appellate court affirmed the trial court’s stay of
the proceedings pending arbitration, but struck the loser-pays
provision from the agreement. The appellate court concluded
that the provision was substantively unconscionable because
it shifted the burden of all arbitration costs and expenses to
the consumer, which would be prohibitive to the average car
buyer. In addition, the appellate court found that the loserpays provision was procedurally unconscionable because it
was buried in a standard adhesion contract with no realistic
option for negotiation or alteration of the terms, and the
provision failed to provide adequate explanation of its actual
effect. Last, the appellate court concluded that the loserpays provision attempted to circumvent the attorneys’ fees
provision in the Ohio Consumer Sales Practices Act, which
imposes attorneys’ fees on the losing party when the action
is maintained in bad faith. Because the bad faith requirement
was removed in the loser-pays provision, the appellate court
concluded the provision was against the CSPA’s long-standing
public policy of not requiring consumers to pay the supplier’s
attorneys’ fees when the action is brought in good faith. See
Devito v. Autos Direct Online, Inc., 2015 Ohio App. LEXIS
3357 (Ohio App. August 20, 2015).
One-Sided Arbitration Agreement Unenforceable. In
connection with a title loan, the borrower signed an arbitration
agreement that stated that the consumer and lender
agree that all claims, disputes, demands, or controversies
concerning the vehicle, its sale, or its financing must be
settled by binding arbitration. The agreement contained
another clause stating that actions in law or equity by the
lender to collect any debt owed by the consumer, enforce
the security agreement securing such debt, or exercise any
right resulting from the consumer’s failure to comply with the
provisions of any agreement concerning the debt or security
agreement, including repossession, were excepted from the
arbitration agreement. Finally, the arbitration agreement
stated that if the lender or its assignees bring an action
not subject to the arbitration agreement, “any counterclaim
or offset claim that is asserted by the consumer must
nonetheless be arbitrated.” The borrower defaulted, and the
lender repossessed the vehicle and filed a collection action
to recover the balance, interest, costs, and attorney’s fees.
The borrower answered and counterclaimed, asserting that
the lender violated the sale notice requirements of the UCC
CONTINUED ON PAGE 28
MIDATLANTIC DEALER NEWS NOVEMBER 2015 | 27
LEGAL CORNER
CONTINUED FROM PAGE 27
and the Merchandising Practices Act. The lender moved
to compel arbitration of the counterclaim. The trial court
denied the motion, finding that the arbitration agreement
was unenforceable due to lack of consideration. The lender
dismissed its collection action and appealed the denial of
its motion to compel arbitration, arguing that the trial court
erred in finding the agreement unenforceable. The appellate
court affirmed the trial court’s decision, concluding that
the arbitration agreement was unenforceable for lack of
consideration due to lack of mutuality because the lender
could pursue its claims in court, but the borrower could not.
See Motormax Financial Services Corporation v. Knight, 2015
Mo. App. LEXIS 815 (Mo. App. August 18, 2015).
Car Buyer Not Entitled to Recover Attorneys’ Fees and
Costs Incurred in Action Against Dealership Brought After
Dealership’s Correction Offer. After driving a vehicle for over
a year, the buyer asserted that it had a damaged frame and
demanded that the seller rescind the purchase contract, return
his payments, and pay a penalty and incidental damages. The
buyer did not wait for a response to his demands and instead
filed a complaint alleging numerous causes of action against
the seller, including violation of California’s Consumers Legal
Remedies Act. Within 30 days of receiving the buyer’s demand
letters, the seller offered to settle the matter by rescinding
the contract, having the buyer return the vehicle, refunding all
payments, satisfying the debt to the finance company, paying
$2,500 for incidental damages and attorney’s fees, waiving
any claim for mileage, and executing a mutual settlement and
release agreement. The buyer did not accept this offer and
demanded a higher amount to settle the case.
The seller eventually stipulated to a judgment against it
and agreed to waive the balance owed. The buyer agreed to
return the vehicle. The settlement included a release of all
claims. The buyer then moved for attorney’s fees and costs,
and the trial court denied the motion. The trial court noted
that, under the CLRA, a plaintiff cannot maintain a suit for
damages if the defendant made an appropriate and timely
correction offer. The buyer appealed, arguing that what the
seller had offered was not appropriate because, among
other things, it included a settlement and release of all his
claims, not just his CLRA claim. The appellate court affirmed,
concluding that the trial court did not abuse its discretion in
deeming the seller’s correction offer appropriate and timely.
The appellate court also rejected the buyer’s argument
that the release of his other non-CLRA claims rendered the
correction offer inappropriate, finding that the buyer could
not have obtained any more relief from the other causes of
action based on the same alleged conduct. See Benson v.
Southern California Auto Sales, Inc., 2015 Cal. App. LEXIS
752 (Cal. App. August 27, 2015).
“As Is” Clause Did Not Preclude Claims Against Dealer for
Fraud and Breach of Statutory Duty to Disclose Damage. A
company bought a used Jaguar at auction, had warranty work
done on it at a Jaguar dealership and listed it for sale. The
company sold the car, telling the buyer that the Jaguar had a
28 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
clean repair history and that a Jaguar dealer had conducted a
pre-purchase inspection, so the buyer did not need to inspect
the car. The seller gave the buyer an AutoCheck vehicle repair
history, and the buyer bought a Carfax report. Neither report
listed any significant damage or repair history for the car. The
purchase contract stated that the car was sold “as is” with
no warranties except for the balance of any factory warranty.
When the car arrived, the buyer found extensive body
and engine damage. The seller refused to repair the
car, so the buyer sued for breach of contract, intentional
misrepresentation, negligent misrepresentation, breach of
express and implied warranties, unfair, false, misleading
or deceptive acts and practices, and breach of a seller’s
statutory duty to disclose damage to the car. The trial court
granted the seller summary judgment. The appellate court
affirmed the trial court’s decision to dismiss the claims
for breach of contract, breach of express and implied
warranties, and negligent misrepresentation, but reversed
the trial court’s decision to dismiss the claims for intentional
misrepresentation and for failing to disclose pre-existing
damage to the car. The appellate court found that the buyer
could not sue for breach of contract, breach of an express
warranty, or breach of an implied warranty even if he could
prove the seller knew the car was damaged or defective
because an “as is” clause in a sale contract shifts the risk of
damage or defects in the goods from the seller to the buyer.
The appellate court also found that the buyer could not sue
for negligent misrepresentation.
An “as is” clause makes the buyer solely responsible for
inspecting the car and determining the condition of the car,
so the buyer is not justified in relying on any statements the
seller makes about the goods’ condition. The appellate court
decided that the buyer could make a claim for fraud. A seller
may not use an “as is” clause in a contract to shield itself
from a claim that it fraudulently induced the buyer to enter
into the contract. The appellate court also found that the
buyer could bring a claim that the seller violated Kentucky law,
which requires a damage disclosure to a buyer if the seller
has direct knowledge of the damage, the damage resulted
in repairs or repair estimates that cost more than $1,000,
and the damage occurred while the car was in the seller’s
possession and prior to delivery to a purchaser. The buyer
alleged that the seller knew the car had undergone more than
$1,000 in repairs for collision damage. The seller knew that
the auctioneer made $612 worth of repairs and that some
warranty work had also been completed. The appellate court
disagreed with the seller’s claim that the Kentucky statute
does not require a seller to include the cost of warranty
repairs in the $1,000 threshold, finding that a seller must
include the value of warranty repairs completed while the car
is in the seller’s possession toward the $1,000 threshold.
See Evans v. JNT, Inc., 2015 Ky. App. LEXIS 124 (Ky. App.
August 21, 2015).
Garnishing Wages in the Peach State? A federal trial court
has ruled that Georgia’s post-judgment garnishment statute
is unconstitutional. See Strickland v. Alexander, 2015 U.S.
Dist, LEXIS 121958 (N.D. Ga. September 8, 2015).
So there’s this month’s roundup!
you next month. 3
Stay legal, and we’ll see
INTRODUCING
NEW HEALTHCARE BENEFIT OPTIONS FOR MEMBERS
By Steve Fisher, The DJB Group, and Reg Evans, PIADA-MDIADA-DEIADA
During this past year, we learned that most of our members
that called our preferred health insurance advisor DJB
Group regarding health insurance options were looking for
individual health plans, as well as some additional types of
insurance. This led us to review what was being offered and
we determined that we needed to
offer something that focused more
on individual coverage. We are pleased to announce that
we have developed a relationship that
will allow our dealers direct access to
apply for and obtain individual health
insurance. This means that our
membership can access coverage
for themselves in Pennsylvania,
Maryland, and Delaware, as well as
their dependents that may reside in
other states (i.e. college students). The health insurance being offered
would be through established health insurance companies
(such as Highmark, Aetna, Blue Cross, and others). It is not
underwritten by any trade association such as PIADA, and
does not involve any self-insurance plan.
Our new benefit options will include health, life, dental and
vision insurance, as well as some discounted benefits. The
health insurance will be for full coverage plans, including access
to subsidies for those who qualify under www.healthcare.gov. We will also be offering opportunities for obtaining coverage
to part-timers, ineligible, eligible but without coverage, and
COBRA employees.
Members looking for health
insurance for calendar year 2016
may file applications through our
newly hired third party enrollment
website or call center or the related
toll free number. Look for Email
Blasts with the contact details
for accessing this PIADA-MDIADADEIADA member benefit opportunity.
If you would prefer to offer a true
group plan instead of individual
coverages, or already have a group
health plan but are looking for
alternative options, you can contact our broker, Steve Fisher
of The DJB Group insurance agency, and he and his colleagues
will work to assist you. Remember, if you have over 50
employees you are required under the Affordable Care Act to
be offering a group health plan. 3
BUYER AND SELLER FEES
NO CHANGE SINCE 2011
ANNUAL FOOD DRIVE
AND TURKEY DINNER
NOVEMBER 19th, 2015
BRING A NON-PERISABLE ITEM AND
GET A TICKET FOR A
FREE TURKEY DINNER
“HELP THE HELPLESS”
ATTEND EVERY THURSDAY AT 10:00AM
FIND US ON:
12141 Route 6 , PO Box 317
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(814) 664-7721
GROWING
NEW CAR DEALER
CONSIGNMENT
33 + YRS
CELEBRATING
as an INDEPENDENT AUTO AUCTION
MIDATLANTIC DEALER NEWS NOVEMBER 2015 | 29
KONTOS KOMMENTARY
CURRENT USED VEHICLE MARKET CONDITIONS
SUMMARY
Average wholesale used vehicle prices were relatively flat in September, as car prices fell while
truck prices rose in light of low fuel prices. Drilling down by seller type reveals continued
softness in prices on both a sequential and year-on-year basis, especially for institutional
sellers. Still, healthy retail demand continues to minimize the negative impact to price of
growing volume.
DETAILS
Tom Kontos is Executive
Vice-President, Customer
Strategies and Analytics.
In this position, Mr. Kontos
interfaces with members
of the media, Wall Street
and automotive analysts,
dealers, and key ADESA
clients to provide
information and insight
on economic trends in the
vehicle remarketing
industry, of which ADESA
is a major player. Mr.
Kontos also provides
analytical services to
internal and external
ADESA audiences in the
form of annual market
reports, periodic reports
on used vehicle price
trends, web-based
information products,
dealer surveys, and other
strategic studies. He
supplies monthly used
vehicle price data to the
U.S. Bureau of Economic
Analysis (BEA) as part
of the BEA’s effort to
estimate various
components of Gross
Domestic Product.
ADESA Auctions
13085 Hamilton Crossing
Blvd., Suite 500
Carmel, IN 46032
317.249.4235
[email protected]
According to ADESA Analytical Services’ monthly analysis of Wholesale Used Vehicle Prices
by Vehicle Model Class1, wholesale used vehicle prices in September averaged $9,619 –
relatively flat at 0.5% compared to August and 0.7% relative to September 2014. Prices for
trucks were up sequentially and annually, while the opposite was true for cars.
Average wholesale prices for used vehicles remarketed by manufacturers were down 1.2%
month-over-month and down 6.2% year-over-year. Prices for fleet/lease consignors were down
0.4% sequentially and down 0.3% annually. Off-rental program and risk units both showed
year-over-year declines in average prices despite manageable volumes and reasonable
mileages. Dealer consignors saw a 0.9% price decrease versus August but a 3.2% increase
relative to September 2014.
Data from NADA showed a 4.8% year-over-year increase in used vehicle sales by franchised
dealers and a 5.4% increase for independent dealers in September. CPO sales were down
4.2% month-over-month but up 12.1% year-over-year, according to figures from Autodata.
WHOLESALE USED VEHICLE PRICE TRENDS
Average Prices ($/Unit)
Sep-15
Aug-15
Sep-14
Latest Month Versus:
Prior Month
Prior Year
Total
All Vehicles $9,619 $9,575 $9,554 0.5%
0.7%
Total Cars
$7,992 $8,010 $8,322 -0.2%
-4.0%
Compact Car
$6,421 $6,514 $6,681 -1.4%
-3.9%
Midsize Car
$7,263 $7,272 $7,634 -0.1%
-4.9%
Fullsize Car
$6,302 $6,238 $6,514 1.0%
-3.3%
Luxury Car
$11,673 $11,425 $11,648 2.2%
0.2%
Sporty
Car
$11,583
$11,750
$11,990
-1.4%
-3.4%
Total Trucks
$11,361 $11,276 $10,403 0.8%
9.2%
Mini Van
$6,860 $6,624 $7,079 3.6%
-3.1%
Fullsize Van
$12,844 $12,813 $11,477 0.2%
11.9%
Mini SUV
$13,588 $13,642 $12,265 -0.4%
10.8%
Midsize SUV
$8,138 $7,826 $7,427 4.0%
9.6%
Fullsize SUV
$11,400 $11,161 $10,506 2.1%
8.5%
Luxury SUV
$18,188 $18,136 $18,485 0.3%
-1.6%
Compact Pickup
$7,764 $7,686 $7,255 1.0%
7.0%
Fullsize
Pickup
$14,468
$14,593
$12,916
-0.9%
12.0%
Total Crossovers
Compact CUV
Mid/Fullsize CUV
$11,441 $10,177 $12,399 $11,339 $10,106 $12,278 $11,936 $10,499 $13,284 0.9%
0.7%
1.0%
-4.2%
-3.1%
-6.7%
Source: ADESA Analytical Services.
1
The analysis is based on over seven million annual sales transactions from over 150 of the largest U.S. wholesale auto auctions,
including those of ADESA as well as other auction companies. ADESA Analytical Services segregates these transactions to study
trends by vehicle model class, sale type, model year, etc.
The views and analysis provided herein relate to the vehicle remarketing industry as a whole and may not relate directly to KAR
Auction Services, Inc. The views and analysis are not the views of KAR Auction Services, its management or its subsidiaries; and their
accuracy is not warranted. The statements contained in this report and statements that the company may make orally in connection
with this report that are not historical facts are forward-looking statements. Words such as “should,” “may,” “will,” “anticipates,”
“expects,” “intends,” “plans,” “believes,” “seeks,” “estimates,” “bode”, “promises”, “likely to” and similar expressions identify
forward-looking statements. Forward-looking statements are subject to risks and uncertainties that could cause actual results to
differ materially from the results projected, expressed or implied by the forward-looking statements. Factors that could cause or
contribute to such differences include those matters disclosed in the company’s Securities and Exchange Commission filings. The
company does not undertake any obligation to update any forward-looking statements.
30 | NOVEMBER 2015 MIDATLANTIC DEALER NEWS
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Wednesday 11/25 - Sale Day
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Friday 12/25 - Office/Canopy CLOSED
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Wednesday
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1040 Commercial Ave, PO Box 406, East Petersburg, PA 17520 • Phone: (717) 569.5220 • Fax: (717) 569.3109
1040 Commercial Ave, PO Box 406, East Petersburg, PA 17520 • Phone: (717) 569.5220 • Fax: (717) 569.3109
www.edgepipeline.com | www.abclancaster.net
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