Complaint Review: PEP BOYS #21 MECHANCISBURG - Mechanicsburg Pennsylvania

Please read below the complaint filed by my elder law attorney to Brian David Zuckerman, Esquire, General Counsel of Pep Boys.  The attachment referenced in my lawyer's complaint to Mr. Zuckerman follows the complaint below:

Attn:  Brian David Zuckerman

         PA Attorney No. 73467

Dear Attorney Zuckerman:

Please find attached a preliminary inquiry, dated June 8th, 2015, which, as a professional courtesy, we pre-filed to Manager Scott Elliott at Pep Boys #21, Mechanicsburg, via our client on June 5th, 2015.  The assistant to Mr. Elliott, Jared Doe (Last Name Withheld) informed our elder adult client at or around 4 PM on June 5th, 2015, that Pep Boys general counsel had advised Pep Boys #21 to withhold all further comment and offer no further service on this issue.  Jared Doe also informed my client that "we will see you in court."

Please be advised that before "you see us in court," we intend to have you seen first by the following offices of the Commonwealth of Pennsylvania: 

1.  A copy of the attached complaint is being filed Monday, June 8h, 2015, to PA DOT Safety & Emissions, Quality Assurance Office, (717) 565-7500, to commence a formal PA DOT investigation of inspection station fraud at Pep Boys #21 in Mechanicsburg. 

2.  Further, per our admonition to Mr. Elliott in the attached letter, a copy of our complaint, along with a lengthy print-out of all Cumberland County complainants against Pep Boys #21 inspection station violations, see yelp.com/biz/pep-boys-auto-mechanicsburg-2 (last visited June 5, 2015), is being turned over to the Office of Attorney General, PA Bureau of Consumer Protection, pursuant to an elder fraud complaint in behalf of our client.    

3.  A copy of all of the foregoing also is being sent to the Cumberland County District Attorney David J. Freed with my specific request to investigate any racketeering-influenced activities, either specific to Pep Boys #21 or state-wide, and other corrupt practices by Pep Boys in Cumberland County, related to manipulation of Title 75 Section 4703 of the PA Code.  

Please be advised that if PA law enforcement does determine that a "point" or "mark" system is being manipulated by Pep Boys to influence or exploit sales, in violation of PA Title 75 Section 4703 of the Pa.C.S., we also will file a request for review at the Office of Disciplinary Counsel of the Pennsylvania Supreme Court to determine your knowledge, if any, of said corrupt practices. 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LETTER TO SCOTT ELLIOTT, MGR., PEP BOYS #21 . . . . . . . . . . . . . . . . . .

Scott Elliott, Manager

Pep Boys #21

6100 Carlisle Pike

Mechanicsburg, PA  17055

Re:       The MAC LLC v. Scott Elliott,

            Pep Boys #21, et al.

Dear Mr. Elliott:

            Please be advised that we represent The MAC, LLC, in the above action. 

            Our client dropped off a vehicle identified in Exhibit A, enclosed, to Pep Boys #21 agent Brittany Baitsell on the morning of June 1^st, 2015.  Said vehicle had been pre-screened for a new State Inspection by Ms. Baitsell on the afternoon of May 30^th, 2015. Our client’s vehicle both left Pep Boys on May 30^th, and arrived at Pep Boys on June 1^st, with fully functional power steering.

            At no time did Ms. Baitsell inform our client that said vehicle required a “rack” as part of a long inventory of required parts and labor on Exhibit A.  Tender of $1185.42 was made by our client in marked Exhibit A-1 on June 1^st, 2015, at 4:19 PM, on the client’s company credit card.     

            Immediately after driving the vehicle off your lot on June 1^st, 2015, our client noticed that the power steering was out.  On Wednesday, June 4^th, 2015, the vehicle was reported as not road-worthy by our client’s manager.  The manager instructed client’s employee to return to Pep Boys. 

            At or around 6:00 PM on June 4^th, 2015, Pep Boys employee “Earl” (last name withheld) informed our client’s employee that the vehicle required a “rack,” at total additional cost of $530.   Our client then inquired as to why the power steering in the vehicle operated at all times prior to Pep Boys taking said vehicle into the shop, to which Earl replied that “the rack just now went out due to your bad timing.”  When asked if Earl would rectify the situation, our client was informed, to wit: “That’s not our problem, your power steering was already out when we put it in the shop.”

            Please be advised that our office views the actions of Pep Boys #21 as clearly constituting fraud under PA law.  Please be advised that unless our office is contacted by you, no later than  Friday, June 12^th, 2015, to arrange for the above-described repair at Pep Boys expense, the above action will be filed in the Lancaster County Court of Common Pleas.  Further, a formal petition for investigation will be filed at Bureau of Consumer Protection, PA Office of Attorney General.