HOLLIDAYSBURG - A salesman's broken promise to deliver a stove and other appliances within 10 weeks to a customer does not rise to the level of theft by deception, even though the store received the money for the items, a Blair County judge ruled Tuesday.
Judge Elizabeth Doyle ordered that charges of theft and receiving stolen property against Christopher Vipond of 1217 16th St. be dismissed.
Vipond was employed by Vipond's Appliance and Mattress Co. at 1425 11th Ave., but, Doyle said, he was not an owner of the store and did not control the money or the time period for delivery of the stove, riser, hood, blower, refrigerator and freezer.
Gerald Harrington was upset when the items weren't delivered on time, and he wasn't able to cancel his order and get a refund.
Harrington has received his money back from the credit card company.
''It's good to learn my client doesn't have to undergo the stress of a trial,'' said Vipond's attorney, Thomas M. Dickey.
District Attorney Richard A. Consiglio said he would not appeal the judge's decision.
He said the case against Vipond was brought to protect a customer-victim who used a credit card to pay more than $16,000 for appliances that were never delivered.
In the end, Harrington was not out any money, and the case would have been difficult to prove in court, Consiglio said.
Harrington bought the appliances for a home he was building in the Duncansville area.
Vipond told Harrington that the appliances would be delivered within eight to 10 weeks.
When they didn't arrive on time, Harrington contacted Vipond, who said the items had been damaged and had to be replaced.
Still later, Harrington was told there were major recalls of appliances, causing another delay. Harrington finally canceled the order.
The business said in January that they planned to reimburse the credit card company.
Using testimony from the preliminary hearing, Doyle ruled that the prosecution did not show Vipond was anything other than a salesman and that he obtained money by intentionally creating a false impression.
''As understandably frustrating and unsatisfying as this situation is for Mr. Harrington as a customer, a person cannot be guilty of theft by deception by simply failing to subsequently perform a promise,'' Doyle said.
Mirror Staff Writer Phil Ray is at 946-7468.
