Pennsylvania Department of Banking and Securities v. Gary Towing Service & Road Asisten, LLC

COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF BANKING AND SECURITIES
:
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF BANKING AND :
SECURITIES, COMPLIANCE OFFICE :
:
v. : DOCKET NO. 26 ________ (BNK-ORD)
:
GARY TOWING SERVICE :
& ROAD ASISTEN, LLC :
NOTICE OF DEFEND
You, Gary Towing Service & Road Asisten, LLC, are required to answer the attached Order to Show Cause (“OSC”) by filing an Answer, in writing, with the Docket Clerk within 15 days of the date of this Order as required by 1 Pa. Code § 35.37. If the Docket Clerk does not receive your Answer within 15 days, you will waive your right to a hearing, the allegations may be deemed factual, and the Order may be become final. Final orders of the Department may be appealed to the Pennsylvania Commonwealth Court. See, 42 Pa. C.S. § 702; and § 763. Your Answer must be in writing. Your Answer must specifically admit or deny the allegations in the Order, set forth the facts you rely upon and state concisely the law you rely upon. General denials of the allegations set forth in the Order are not sufficient; you must support your denials with specific facts. Failure to support your denials with specific facts may cause the Commission to deem the facts in the Order as admitted and to enter a final order against you, without a hearing. The Answer and any other documents relating to this matter must be filed via first class mail and electronic mail with the Docket Clerk:
Docket Clerk
Department of Banking and Securities
17 North Second Street, Suite 1300
Harrisburg, PA 17101
Email: RA-BNDOCKETCLERK@pa.gov
Further, you must serve a copy of the Answer and any other documents on the person who signed the attached Order by providing a hard and electronic copy to his or her counsel indicated below:
Office of Chief Counsel
Department of Banking and Securities
17 North Second Street, Suite 1300
Harrisburg, PA 17101
Email: RA-BNCHIEFCOUNSEL@pa.gov
0006
FILED
2026 MARCH 3 AM 8:33
PA DEPARTMENT OF
BANKING AND SECURITIES

Once you file your Answer, you will be notified of pertinent information such as the name of the presiding officer designated by the Commission to hear this matter and, if a hearing is scheduled, the date, time and location of the hearing. You have the right to be represented by an attorney. All procedural matters will be governed by the Pennsylvania Administrative Agency Law, 2 Pa. C.S. §§501-508, 701-704, and the General Rules of Administrative Practices and Procedures, 1 Pa. Code §§31.1-35.251.

COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF BANKING AND SECURITIES
:
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF BANKING AND :
SECURITIES, COMPLIANCE OFFICE :
:
v. : DOCKET NO. 26 _________ (BNK-ORD)
:
GARY TOWING SERVICE :
& ROAD ASISTEN, LLC :
:
ORDER TO SHOW CAUSE
AND NOW, this 2nd day of March, 2026, this Order to Show Cause (“OSC”) is hereby issued directing Gary Towing Service and Road Asisten, LLC (“GTS”) to answer the following averments and show cause why the Pennsylvania Department of Banking and Securities (“Department”) should not impose the penalty set forth as authorized by law:

1. The Department is the Commonwealth of Pennsylvania’s administrative agency
   authorized and empowered to administer and enforce the Consumer Credit Code (“CCC”), 12 Pa.C.S. § 6201 et seq., as it relates to collections-repossessions.
2. The Department’s Compliance Office (“Compliance Office”) is primarily
   responsible for administering and enforcing the CCC for the Department.
3. GTS maintains its principal places of business at 21 N. Main Street, Dover,
   Pennsylvania 17315 and .
   BACKGROUND
4. The CCC, 12 Pa.C.S. § 6201 et seq., as it relates to collections-repossessions,
   imposes a license requirement on collector-repossessor activities.
5. A collector-repossessor is “[a] person who, as an independent contractor and not as
   a regular employee of an installment seller or a sales finance company, collects payments on 0006 FILED 2026 MARCH 3 AM 8:33 PA DEPARTMENT OF BANKING AND SECURITIES Redacted

installment sale contracts or repossesses motor vehicles that are the subject of installment sale contracts.” 12 Pa.C.S. § 6202.
6. Section 6211(a) of the CCC states that a collector-repossessor may engage or
continue to engage in this Commonwealth as a principal, employee, agent or broker only as authorized in this chapter under a license issued by the department. 12 Pa.C.S. § 6211.
7. GTS is not and has never been licensed by the Department as a collector￾repossessor.
Operating as an Unlicensed Collector-Repossessor
8. In October of 2025, the Department discovered GTS had been operating as an
unlicensed collector-repossessor.
9. From on or about April 30, 2021, to on or about October 16, 2025, GTS repossessed
at least 12 motor vehicles that were the subject of installment sale contracts.
10. From October 16, 2025, to November 5, 2025, the Compliance Office attempted to
reach GTS multiple times through email and phone calls. GTS did not respond to any of the Department’s emails, calls, or voicemails.
11. On November 5, 2025, Hildi Cardenas, representing GTS, contacted the
Department to discuss the request for information. On November 7, Ms. Cardenas responded to the request for information by providing a spreadsheet, recovery orders, and merchant contracts relating to any collector-repossessor activity on behalf of GTS.
12. From November 12, 2025 to January 16, 2026, the Compliance Office attempted to
reach GTS multiple times through email and phone to discuss the status of its collector-repossessor license. GTS did not respond to any of the Department’s emails, calls, or voicemails.

AUTHORITY
13. Section 202 of the Department of Banking and Securities Code, 71 P.S. § 733-1 et
seq., authorizes the Department to issue orders as necessary and appropriate to administer any statute within the Department’s jurisdiction. 71 P.S. § 733-202.D.
14. The CCC grants the Department the authority to issue orders as may be necessary
for the enforcement of the CCC. 12 Pa.C.S. § 6203(a)(5).
15. Section 6274 of the CCC provides that “a person required to be licensed under this
chapter that violates this chapter, directs a violation of this chapter or engages in an activity for
which a license could be suspended or revoked under section 6218 (relating to revocation or suspension of license) shall be subject to a civil penalty levied by the department of not more than $2,000 for each offense.” 12 Pa.C.S. § 6274. VIOLATION
16. By engaging in collector-repossessor activities without obtaining a collector￾repossessor license, GTS violated Section 6211(a)(3) of the CCC. 12 Pa.C.S. § 6211(a)(3).
17. Because GTS is not a licensed collector-repossessor, each of the twelve (12)
reprocessed motor vehicle constituted a violation of the CCC. Pursuant to section 6274, the Department can issue a civil penalty against GTS for $2,000 for each offense. See 12 Pa. C.S. § 6274. RELIEF WHEREAS, the Compliance Office respectfully requests the following penalties and relief pursuant to its authority under the CCC:

1. That Respondent GTS be ordered to pay a civil penalty of $24,000, representing
   twelve (12) violations of the CCC at $2,000 per violation.

2. That Respondent GTS be ordered to cease from engaging in any collector￾repossessor activity unless or until it is licensed by the Department.
   By:

---

Deputy Secretary
Department of Banking and Securities

---

(Date)
03/02/2026
Redacted

COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF BANKING AND SECURITIES
:
COMMONWEALTH OF PENNSYLVANIA :
DEPARTMENT OF BANKING AND :
SECURITIES, COMPLIANCE OFFICE :
:
v. : DOCKET NO. 26 ________ (BNK-ORD)
:
GARY TOWING SERVICE :
& ROAD ASISTEN, LLC :
:
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the foregoing Order upon the parties below, who constitute the only parties of record in this proceeding, in accordance with the requirements of 1 Pa. Code §§ 33.35, 33.36 and 33.37:
BY CERTIFIED AND FIRST-CLASS MAIL
Gary Towing Service & Road Asisten, LLC Gary Towing Service & Road Asisten, LLC 21 N Main Street, Dover, PA 17315 Dated this 5th day of March 2026 __ ___________ Eileen Smith, Legal Office Administrator Office of Chief Counsel FOR: Commonwealth of Pennsylvania Department of Banking and Securities 17 N. Second Street, Suite 1300 Harrisburg, PA 17101 (717) 787-1471 FILED 2026 MARCH 3 AM 8:33 PA DEPARTMENT OF BANKING AND SECURITIES 0006 RedactedRedacted