HomeMy WebLinkAbout01-6282U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA
Plaintiff
V.
SUPER SELF-STORAGE
HARRISBURG, LLC d/b/a THE
STORAGE CENTER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA
717-249-3166
AVISO
Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas
en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda
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orden contra usted sin previo aviso notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA
717-249-3166
McNEES WALLACE & NURICK LLC
Helen L. Gemmill
I.D. No. 60661
Kimberly M. Colonna
I.D. No. 80362
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Attorneys for Plaintiff
U-Haul Company of Pennsylvania
Dated: November 5, 2001
2
U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA
Plaintiff
V.
SUPER SELF-STORAGE
HARRISBURG, LLC d/b/a THE
STORAGE CENTER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. OI l?/ Q
COMPLAINT
U-Haul Company of Pennsylvania d/b/a U-Haul Company of Central Pennsylvania
("U-Haul'), by its undersigned attorneys, hereby brings the following Complaint for injunctive
relief against Super Self-Storage Harrisburg, LLC d/b/a The Storage Center and avers as follows:
1. Parties
U-Haul is a Pennsylvania Corporation that does business at 5621 Allentown
Boulevard, Dauphin County, Harrisburg, Pennsylvania 17112.
2. Defendant Super Self-Storage Harrisburg, LLC is a Pennsylvania Corporation that
does business as The Storage Center at 3960 Industrial Park Road, Camp Hill, Cumberland
County, Pennsylvania, 17011.
II. Jurisdiction and Venue
3. Preliminary injunctive relief is sought pursuant to Pennsylvania Rule of Civil
Procedure 1531. Venue is proper in this county as it is the county in which the Defendant
regularly conducts business, the county where the cause of action arose, and/or the county where
a transaction or occurrence took place out of which the cause of action arose.
III. Factual Background
4. U-Haul is engaged in the business of supplying do-it-yourself moving equipment,
including trucks, van trailers, open trailers, car top carriers, hitches, tow bars, tow dollies, auto
transports, packaging boxes, and other items related to moving to individuals and businesses
seeking to transport personal property from one location to another.
5. U-Haul enters into dealership agreements with other entities and individuals to
serve as U-Haul's agents for the rental of this equipment. Customarily, U-Haul dealers have pre-
existing business operations at their properties and contract with U-Haul in order to maximize
the use of the premises.
6. In selecting its dealers, U-haul invests a substantial amount of time investigating
and researching potential sites to select those locations which offer the best opportunities with
respect to such things as access to potential customers, product visibility, marketing potential and
proximity to other locations offering the rental of equipment similar to U-Haul moving
equipment.
Defendant is engaged in the business of renting and/or leasing storage space to
individuals or entities and has a self-storage location at its 3960 Industrial Park business address
in Camp Hill, Pennsylvania.
8. On or about February 21, 2001, Defendant entered into a "Dealership Contract"
with U-Haul. A true and correct copy of the Dealership Contract is attached hereto as Exhibit A.
9. In general terms, the Dealership Contract provides that Defendant would serve as
an independent dealer of U-Haul's equipment at its self-storage business at 3960 Industrial Park,
2
Camp Hill, and the Dealership Contract states the obligations and terms governing that business
relationship.
10. U-Haul incurred substantial costs in establishing Defendant as a dealership,
including training dealership personnel in every aspect of U-Haul's business, assisting dealership
personnel in collection of data and preparation of weekly reports, purchasing and installing
signage and other identifying materials, providing U-Haul documentation and making available
additional support on an "as needed" basis.
11. U-Haul also placed and established trademarked yellow page listings for the
Defendant in the 2001-2002 Harrisburg/Hershey Yellow Book indicating that Defendant was a
U-Haul dealership. True and correct copies of documentation of the Yellow Book listings are
attached hereto as Exhibit B.
12. The Yellow Book listing was established in accordance with the Dealership
Agreement which states that U-Haul has the obligation to "establish such listings in the yellow
pages directory or directories selected by U-Haul in its sole discretion." See ¶ 4a. of the
Dealership Contract.
13. The Yellow Book listings of Defendant as a U-Haul dealer will continue until
July 1, 2002, when the 2002-2003 Yellow Book is expected to be published.
14. U-Haul also supplied Defendant with a U-Haul Dealer Operations Manual, which
contains confidential trade secrets, proprietary information about U-Haul's products and services,
including pricing information, marketing strategy, organization, management and operation.
15. The U-Haul Dealer Operations Manual educated Defendant on the best way to
advertise and display U-Haul products, discussed selling strategy, stressed the importance of
customer services, provided safety instructions and explained the proper use of U-Haul
equipment.
16. The information contained in the U-Haul Dealer Operations Manual was
specifically developed by U-Haul after the expenditure of a considerable amount of time and
expense. The information is not generally known in the rental equipment industry and was
disclosed in confidence to Defendant.
17. On or about April 10, 2001, Defendant executed a Dealership Contract
Addendum (the "Addendum"). A true and correct copy of the Addendum is attached hereto as
Exhibit C.
18. In general, the Addendum provides that Defendant would use electronic reporting
systems provided by U-Haul, that Defendant would receive a benefit from the use of those
systems and that Defendant would undertake certain additional obligations. See Ex. C.
19. Both the Dealership Contract and the Addendum contained a covenant by which
Defendant agreed not to provide equipment rentals by or through any of U-Haul's competitors
for the duration of the yellow pages listing and for one year thereafter.
20. Specifically, the Dealership Contract provided at paragraph 5.g.:
Noncompetition Covenant. Dealer [Defendant] represents,
warrants and covenants that, during the term of this Agreement,
Dealer, for itself, its heirs, assigns, successors, shareholders,
officers, directors, employees, principals, partners, agents,
managers and members, shall not engage in any rental business at
the Dealer Location or at any other place which offers the rental
equipment similar to that offered by U-Haul. Upon termination of
this Agreement for any reason Dealer warrants covenants and
agrees that, at the Dealer Location and within the greater of a three
(3) mile radius of the Dealer Location or the geographical limits of
the county of the Dealer Location, Dealer, its heirs, assigns,
successors, shareholders, officers, directors, employees, principals,
partners, agents, managers and members shall not represent or
render any service either on its own behalf or in any capacity for
anv other Derson or entitv enQaQed in anv rental business similar
for the duration of the
contracted-for telephone directory listing(s) for the Dealer
Location. In the event any part of this paragraph is determined to
be unenforceable by a court of competent jurisdiction, the
remainder of this noncompetition covenant shall be construed to be
enforceable by such court to the greatest extent possible.
(emphasis added).
21. The Addendum provides at paragraph 3:
Dealer represents, warrants and covenants that, during the terms of
this Addendum, Dealer, for itself, its heirs, assigns, successors,
shareholders, officers, directors, employees, principals, partners,
agents, managers and members, shall not engage in any rental
business at the Dealer Location or at any other place which offers
the rental of equipment similar to that offered by U-Haul. Upon
termination of this Agreement for any reason, Dealer warrants,
covenants, and agrees that, at the Dealer Location and within the
greater of a three (3) mile radius of the Dealer Location or the
geographical limits of the county of the Dealer Location, Dealer,
its heirs, assigns, successors, shareholders, officers, directors,
employees, principals, partners, agents, managers and members
shall not represent or render any service either on its own behalf or
in any capacity for any other person or entity engage in any rental
business similar to that operated by U-Haul for the duration of the
then-existing or contracted-for telephone directory listing(s) for the
Dealership Location and further agrees to extend the
noncompetition obligation of Dealer as set forth in the Dealership
Contract to cover the rental of do-it-yourself moving equipment for
a period of one (1) year after termination of all other accumulated
Dealer noncompetition obligations under the Dealership Contract
and the related Addenda. In the event any part of this paragraph is
determined to be unenforceable by a court of competent
jurisdiction, the remainder of this paragraph shall be enforceable to
the fullest extent permitted by such court. (emphasis added)
22. Each of these noncompetition provisions was undertaken by Defendant
voluntarily and in exchange for valuable consideration.
23. Specifically, the consideration provided to Defendant in exchange for the
noncompetition covenants was the right to use U-Haul's trademarks, rent U-Haul moving
equipment, use U-Haul services, and use U-Haul's trade secrets, confidential and proprietary
information.
24. The consideration for the noncompetition covenants was fair and reasonable.
25. Paragraph 4 of the Addendum provided, "Termination. This Addendum shall be
terminated upon the termination of the Dealership Contract. The Dealer's obligations under
Paragraph 3 [the noncompetition provision] shall survive termination of the Dealership Contract
and this Addendum." See Ex. C, 14.
26. On or about September 5, 2001, the Dealership Contract between U-Haul and
Defendant was terminated by mutual agreement. A true and correct copy of the U-Haul
Dealership Close-Out Notice is attached hereto as Exhibit D.
27. In September 2001, U-Haul became aware that Defendant had, in violation of its
noncompetition obligations, begun to offer the do-it-yourself moving equipment of Penske Truck
Rental, a competitor of U-Haul, at Defendant's 3960 Industrial Road location.
28. By letter dated September 28, 2001, U-Haul demanded that Defendant cease and
desist from offering the competitor's rental trucks and equipment in violation of the
noncompetition provisions. A true and correct copy of the letter is attached hereto as Exhibit E.
29. Defendant has failed and refused to cease offering Penske rental equipment at the
3960 Industrial Road location.
30. Upon information and belief, Defendant continues to offer Penske rental
equipment in violation of Defendant's noncompetition obligations.
31. Defendant's acts are likely to mislead, deceive, or confuse customers and
prospective customers of U-Haul into believing that Defendant is still an authorized U-Haul
dealer or that U-Haul is associated with Penske or that Penske offers equipment that is superior
to U-Haul's.
32. Because the Yellow Book listing continues to be effective until approximately
July 1, 2002, U-Haul customers or prospective customers using the Yellow Book will be unfairly
diverted from U-Haul to a competitor of U-Haul, depriving U-Haul of the benefit of its good will
and marketing efforts.
33. Specifically, when U-Haul's customers, utilizing the local telephone directories,
arrive at Defendant's facility to rent U-Haul moving equipment, such equipment will not, in fact,
be available for rent, and the customers will instead be offered Penske equipment.
34. The unavailability of U-Haul equipment to U-Haul's customers arriving at
Defendant's facility also causes injury to U-Haul's reputation for reliability and consistency.
Count I: Breach of Contract
(Violation of Noncompete Covenants)
35. The averments of paragraphs one (1) through thirty-four (34) are incorporated by
reference herein.
36. Defendant entered into a valid and binding contract with U-Haul which is
reflected in the Dealership Contract and Addendum.
37. By the terms of the contract and for adequate consideration, Defendant agreed not
to offer for rent equipment of any competitor of U-Haul during the duration of any existing
yellow pages advertising (Ex. A, ¶ 5.g.) and for a period of one year after the expiration of any
yellow pages advertisements (Ex. C, ¶ 3.).
38. U-Haul fully performed all of its contractual obligations.
39. Defendant breached the noncompetition provisions of its contract with U-Haul by
offering a competitor's rental equipment during the duration of yellow pages listings that show
Defendant as a U-Haul dealer.
40. Defendant continues to breach his contractual obligations by continuing to offer a
competitor's rental equipment in violation of the noncompetition provisions of the Dealership
Contract and the Addendum.
41. As a consequence of the foregoing, U-Haul has suffered and will continue to
suffer financial losses, lost profits, and other damages.
42. The Dealership Contract provides that the non-prevailing party must pay costs of
litigation and reasonable attorneys' fees. See Ex. A, 17.
WHEREFORE, U-Haul requests compensatory damages, costs, reasonable attorneys'
fees, interest, and such other relief as this Court deems just and reasonable.
Count II: Breach of Contract
(Violation of Limited License)
43. The averments of paragraphs one (1) through forty-two (42) are incorporated by
reference herein.
44. Defendant entered into a valid and binding contract with U-Haul which is
reflected in the Dealership Contract.
45. Under paragraph 4.d. of the Dealership Contract, U-Haul granted to Defendant a
limited license under the following terms:
Limited License. U-Haul grants Dealer a nonexclusive limited
license to use the trademark and name "U-Haul" and certain other
copyrighted materials in connection with the dealership in
accordance with U-Haul policies, provided that Dealer shall not
use the name "U-Haul" or the U-Haul logo of the copyrighted
materials in any promotion, telephone listing, internet or other
computer site, or otherwise without the prior written consent of U-
Haul. This limited license shall terminate immediately upon
termination of this Agreement, and Dealer agrees to pay to U-Haul
all benefit Dealer may receive from the name U-Haul thereafter.
Upon termination of this Dealership Contract, Dealer immediately
shall discontinue all use of the name "U-Haul," surrender to U-
Haul all equipment, signs, documents and other material bearing
such trademark or name, and make no further use of any such
signs, graphics and materials. (emphasis added).
46. U-Haul fully performed all of its contractual obligations.
47. Despite the termination of the Dealership Contract, Defendant has continued to
use the U-Haul name.
48. Defendant's continued use of the U-Haul name is reflected in Defendant's
advertisement for its business in the 2001-2002 Harrisburg/Hershey Yellow Book. A true and
correct copy of the advertisement is attached hereto as Exhibit F.
49. Defendant also continues to display on its website (www.superself-storage.com) a
photograph of its 3960 Industrial Road facility with a U-Haul rental sign, even though U-Haul
rental equipment is no longer available at that location. A true and correct copy of the pages
from Defendant's website are attached hereto as Exhibit G.
50. Defendant has continued to receive a benefit from the use of the U-Haul name.
51. Defendant has breached his contractual obligations by failing to pay to U-Haul the
benefit that Defendant has received from the use of the U-Haul name in the advertisement and
website.
52. As a consequence of the foregoing, U-Haul has suffered and will continue to
suffer financial losses, lost profits, and other damages.
9
53. The Dealership Contract provides that the non-prevailing party must pay costs of
litigation and reasonable attorneys' fees. See Ex. A, 17.
WHEREFORE, U-Haul requests compensatory damages, costs, reasonable attorneys'
fees, interest, and such other relief as this Court deems just and reasonable.
Count III: Injunctive Relief
54. Paragraphs one (1) through fifty-three (53) above are incorporated herein by
reference.
55. U-Haul has demonstrated a substantial likelihood of success on the merits of its
claim against Defendant.
56. Without injunctive relief, U-Haul has no means by which to prevent customers or
prospective customers of U-Haul from being confused into believing that Defendant is an
authorized U-Haul dealer.
57. Unless injunctive relief is granted to U-Haul, customers using the Yellow Book to
locate a U-Haul dealer and who go to Defendant's 3960 Industrial Road location, will be diverted
to a competitor of U-Haul.
58. The granting of an injunction against Defendant will not affect Defendant's
primary business of operating a self-storage center.
59. The balancing of the equities favors the issuance of an injunction against
Defendant.
60. Unless Defendant is preliminarily and permanently enjoined from violating its
noncompetition obligation, U-Haul will be irreparably harmed by the loss of customers and
goodwill due to the confusion created by Defendant offering the rental equipment of U-Haul's
10
competitor while being listed in the yellow pages as a U-Haul dealer and will suffer present
economic loss, which is unascertainable at this time, and future economic loss, which is
presently incalculable.
61. U-Haul has no adequate remedy at law.
WHEREFORE, U-Haul respectfully requests that:
A preliminary injunction issue enjoining Defendant from renting, selling, or
offering, within Cumberland County, any moving trucks or equipment from Penske Truck Rental
or any other entity that engages in any business that offers the rental of equipment similar to that
offered by U-Haul until a trial on the merits and further Order of this Court; and
2. A permanent injunction issue requiring Defendant to conform his conduct with
the noncompetition obligations contained in the Dealership Contract and the Addendum and
specifically enjoining Defendant from renting, selling, or offering, within Cumberland County,
any moving trucks or equipment from Penske Truck Rental or any other entity that engages in
any business that offers the rental of equipment similar to that offered by U-Haul until July 1,
2003.
McNEES WALLACE & NURICK LLC
By W-6, Z- •04?
Helen L. Gemmill
I.D. No. 60661
Kimberly M. Colonna
I.D. No. 80362
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Attorneys for Plaintiff
Dated: November 5, 2001 U-Haul Company of Pennsylvania
11
Exhibit A
91 07:33 6022636042 "C" U-HALL. "R" INT'L PAGE 01
v.r. r?? • 4 .,eY • f l 1 ^JTY^OJYT t/. C
,aYPKG
T) FA 1
_ MoNni DAV YEAR
OZ Z/ o/ ..
THIS AGREEMENT le between U-HAUL' CO. OF SAaaRL-_ -.- ("U-Haul")
• kx,dled at the business mailing address set forth hereafter and ( tYE n e A G C..E a E'
(print Dealer's Name)
as?)'y ('Dealer") located at the business marring address set forth hereafter.
(Dealer Code )
ArCMeh c
U-Haul Is in the do-it-yourself moving business of ranting trucks, trailers and Support rental equipment (the
"Equipment"). U-Haul otters the Equippment, in part, through a network of Independent dealers that generally
operate Independent businesses. f5hut h dealers act as agents of U-Haul for purpooso of renting the Cgvipment.
Dealer operates an independent business at the site Identified hereafter (the "Dealer Location"'). Dealer desires to
become a U-Haul dealer and further desires to benefit dom the programs generally offered by U-Haul to dealers,
on the terms and conditions set forth herein.
AGREEMENT
1- P.S.@i4t*'o. U-Haul hereby appoints Dealer as an agent for the Equipment fnr and on behalf of U-Hav.ri. Dealer
acknowledges that the Equipment Is consigned, and title to the Equipment shall remain in U-Haut and/or its
affiliates at all times. Dealer agrees to conduct the U-Haul dealership only at the Dealer Location.
2. r,2Mfgs-8-1Q , U-Haul shall pay to Dealer commissions (the "Commiasinns') on the gross revenue from the
rental of the Equipment (the "Commissionable Fees"). Commisslonable Fees do not include revenue from the
collection of "lee taut, deposits, dlstribution fees, Canadian duty fees, "SAFHMOVE°" fees "SAFETOW"
fees, collection or credit fees- The Commissions shall be based on the following schedule.
EOUIE R,NN COMMISSION PERC, NTH AGES
1. Trailers and standard rental equipment
(except auto transports, tow dollies and mover vel rides) ....................30% 0096 for ONL-WAY RENTALS) -
2. Motor Vehicles ........................................... _.. .............................,..,16%
3. Auto transports and tow dollies ................................ ---- .................. .20%
All gross revenue from the rental of Equipment shall be remitted at least weekly by Dealer to U-Haul as directed
by U-Haul. Each month U-Haag shell cause to be mailed to Dealer a check In the amount of the Commissions (as
adjusted for applicable deductions, ehargebacks mind adjustments) earned by Dealer for the rental of Equipment
reported during the preceding month. U-Haul shall pay to Dealer an additional commission incentive in the
amount set fait below on all Commisslonabie Fees for every month in which Dealer has strictly compiled with all
requirements set forth in Paragraph 3.
DEALER CLASS PERFORMANCE LEVEL ADDITIONAL INCENTIVE
-AAA- Attaining "A" Pefformari leval. rental of trailers, and being open 596
7 days a week
"AA" Attaining "A" perfonnanca level, and Slther W rental of trailers, 4%
or G0 being open 7 days a week
-A• dental of all motor vehicles, auto tranapon, tow dollies and other 3%
support rental Items
SELECT DEALER GLASS: *AAA*- "AA" ---'K'-°A" _
NOTet Dealer class may change automatieally If Dealer qualifies for or falls to meet a pear ciassification-
199r o u-Haul iMemasenal, Jim
1
10117/2001 07:33 6022636842
?+.Y a , .,a „ca. .ape u^rreuA
°C- U-HAUL 'R" INT'L PAGE b2
r t r-o'*u-aeut P. J
3. Sronmissi2r.. IncarHive Rern.lremd ts_ Deef? shall mail postmarked Monday of every weak, to U-Haul as
duetted by U Haut, an actuate report of that Dealers rental transactions for the seven days preceding that
Monday erld a current inventory of the Equkxrmint for that Monday (collectively such reports, the "Monday
Report') even if no rental transactions have occurred. Dealer shall Include with the Monday Report the
Dealer a cnatk or money order (and, for customer credit card transactlons, the credit card transaction
documentation) for all gross revenue from all tartan transactions and pre-paid reservation deposits for the prior
seven days. Such payment of grow revenue shop not be In the form of cash, customer checks nor Dealer's
personal or bnsinoss credit o"o (except as pewkted'above'for custamw leaded it card transo ma). If Dealer
fells to include its check or money order, if It is dishonored by Dealer's bank, if the payment Is significantly
Inaccurate; or if Dealer falls to sign the chock, then Dealer shall ninth future funds by certified check for no
leas then the next eight weeks. Dealer must comply with the raservedw manageffigem policies, procedures
and rates Including but not limited to nottytng reservratfon management dally of all dispatches. receives and
paid reaarvatlon deposits. honoring ON retenral and remote rental requests, sharing equipment and complying
with the EL-FUELi1 polity program.
4. U-Maui ObagnUMN to Deafest
e. Edwtcment, Stgl If i1 es. TrjWnj Talenhone enrtYeHow t!ae? U-Haul shall make avallable Equipment,
supplies, basic gignage, instructions, promotional,and soles material, and necessary training and
Instructlvns for operating a U-Haul dealuship. U-Haul shall determkke, in its sots discretion the Amount
and kind of Equipment. supplies and Instruction for the be" Location. U-Haul shall, subject to Dealer's
obNgatione hers radar; instill a U-Haul dedicated telephone Ire and eatsbtish such listings in the yellow
pages dkectory or dY'ettcries selected by U-Heul In its sole dscratbn. U-Haul in ft sole discretion shah
refer to Dealer, from time to time, customer reservations that result from the U-Haul 14100 telephone
numben
b. Hold Haf17xQ(le, U-Haul shall hold Dealer ham-den from any and all tiabNity incurred by Dealer octal/ in its
Cap" as a U-HWA dealer for prop" dama le or personal Injury to third patties involving the Equipment
WW to indemnify, hold harmless and defend finger against any claims, actions or suits arising against
Dealer solely in as capacity an a U-Neut deatos This Inclem"I catlen shall be effective only if uric F_quiprnent
Is bektg rented.or used under a v Ad U-Haul Rental Contract, N Dealer has complied with U-HS W hookup
procedures and other InsUvetioM, if Dealer has kxttlacmd the appUealbb rerhWl and other teas prior to
htng the
d er has Isificatfen rlas of repreaerttatNes, or'd Dealer tents the Equipmurri to itself sits airy of Its esnpbyees, agents.
Za
t
Meted entities o repreaerrcauves Of any kind.
c. Risk of Loss. U-Haut shalt assume aft msponsibiNry for loss due to theft, vandalism or damage of the
Equipment while in the custody of Dealer, provided, however, that Dealer Ad its agents shall use
reasunade care m Preserve ire Equipment and all other U-Haul property In its custody.
d. Limited ljcense. U-Houl grants' Dealer a nonexciusive limited license to use the trademark and name
9J-Haul" and certain other copyrighted materiels In connection with the dealership in accordance with
U-Haul policies, provided that Dealer shall not use the name •U-Haul or the U-Haul logo or the
copyrighted materials; in any promotion. telephone listing`. irlternet or other cormputor site, or otherwise
without the prior written consent of U-Haul. This limited license shall terminate immediately upon
tnrmii ation of this Agreement, and Dealer agross to pay to U Haul all benefit Dealer may receive from the
name U-Maul thereafter. Upon termination of this Dealership Contract, Dealer Immediately shall discontinue
jail use of the name'U-Haul,• surrender to U-Haul da equiprnerkt, signs, documents and other material
bearing such trademark or name, and make no further use of any such signs. graphics and material&
e. t7j&j Cram alliftYnent Com"asioh+. U-Haul shall pay Dealer
(monthly with Commissions) an amount
equal to 3596' of the total amount collected by Dealer from customers pursuant to the Quick Claim
Settlement (OM procedures.
5. Dseler a fil;g?tnna to U-Fa.. ;,.
a ftd=1 groan and MkMtxbon gmduanrvr Dealar'VW effegively promote all Equipment rentals at
the lAaler 1 nestion.including, but not limited to, properly .'dwd ng and displaying the Equipment. Dealer
shall () reap and comply with all U-Haul maintenance and hookup procedures. U-Haul manuals, decals.
bulletins, User's Guides and programs. and cause all personnel amployed at the Dealer Location. to be
property trained and to comply with all U-Haul instructions and Procedures: i cause the appropriate
U-Haul Rental Contract and sdderda to be property comptalad, signed by the custom% and delivered to
the customer; (lip collect an rental fees prior to dispatching the Equipmern and issue the appropriate User's
Guide: tiv) Instruct each customer in the proper use ad operation of the Equipment as outlined by the
Users Guide; (v) attach or hook Up the Equipment on or to the custurner'a vehicle in a safe and
workmanlike manner, and in accordance with U-Haut written proceduuras; and t4comply with all terms.
Procedures: and programs set forth in the U-Hakl Dealer Operations Manual, including but not limited to
a_
f?
N
10%17/2001 07:33 6022636842 rG" U-HALL "R" INT'L PAGE 03
W., as hry wohaaa u-naui 717-b1D-0301 P+4
r
ti prominently displaying the Equipment d istr$wting the Equipment notifying reservation management,
sharing equipment, dispatching and receiving the Equipment, honoring customer referrals issued by
U-Haul, scheduling the Equipment using the scheduling kg, performing autotzed safety certifications,
:Y: completing Equipment Damage Reports (EDFQ, using C= procedures, and Inspecting for the use of and
charging the customer for used, damaged and lost dollies ano parts. Dealer mhos perform race" mW
dispatching procedures a8 explained by U-Haul. on each and every item of the Equipment upon receipt
and dispatch of the Equipment, Including but not limited to completing all relevant inspections, inquiries
and paperwork, checking and correcting the tiro praewre, fluid levels, non-functioning lights, cleanlNe".
xY and visible damage. Dealer shall perform repair work designated as "Minor Maunenance" (as ast forth In
the Dealer Operations Manual) on the Equipment. AN parts needed for such repair shall be furnished by or
paid for by U-Haul. Dealer shall report to 1.1-Haul, within 24 hours, all damaged Equipment, Equipment
requiring maintenance or repair, and rdssing Equipment
b. Ts,)apthone and Zpfaow paces. Dealer shag pay, via a deduction from Commissions. the monthly cost of a
telephone One to be Installed and maintained at the Dealer location at the discretion of ti-Hats. The
telephone Una shag be In the name of U-Haul and Dealer shag acquire ro Interest thersh. It U-Haul alerts
to install a telephone line, U-Haul shag pay the Initial Installation costs as well as monthly charges of the
telephone line until the Yellow Pages directory in which such number appears Is pubUef»d. Dealer shag
pay, via a deductton from Commissions, tow coal of an in-column dating in a Yellow Pages directory
selected by U-Ha4I H the Dealer does not have a U-HpW company owned phone. Dealer also stall be
eligible for inclusion in Yellow Pages display advertising. at the We discretion of 1,1-Haul, contingent upon
D"m nhtaining arrl• ma&htnining AAA stahm mealy a-;* shall pay, via a deduction from C,rmmleslnna.
the amount of $9 for each one-way rental that Is the result of a reservation made through the U-Haul
14100 telephone number.
r:. Record eeninn, Dealer shall account for as odometer mileage accumulateion the Equipment, if
relevant while In Dealer's possession and slow U-Haul to deduct from Dealers commission $1 per mile
for any mileage not property accounted for on a valid retrial contract Dealer shag also allow IJ-Haul to
deduct $100 for any missing rental contract or reservation deposit receipt and to deduct the face value of
any unreported contract: Dealer also agrees to account for all rents contract books and reservation
deposit receipt books Issued to Dealer. Dealer shag permit U-Haul representatives to enter Dealer)$
premises at any reasonable time to Inspect or remove U-Haul accounting records. equipment. supplies,
elewmnic reporting and computer equipment, and other U-Haul property. Dealer shall property maintain
all U-Haul accounting records, contracts, equipment, supplies and other property In Dealer's custody.
Dealer shall immediately retum all such U-Haul property to U-Haul upon request,
d, rgSLpment Modinire and TA2". Dealer agrees to collect all gross revenues from the rental of the
Equipment in Dealers capacity as agent and fiduciary for U-Haul and that tide and ownership of such
funks are vested at all times in U-Haul. Dealer'shall collect from the customer any sales or use tax
applicable to the rental of the Equipment and report slid remit such taxes to U-Haul as appropriate.
unless otherwise required by law. Dealer shall indemnify U-Haul for any liability incurred as a result of the
breach of this provision.
e. i marker and jranafarahrltty. Dealer agrees that any change in the Dealer Location shall require odor
written. notice to and prior written approval by U-Haul. Dealer further agrees that it will give thirty (30) days
written notice of any intended sate or transfer of ownership of the business located at the Dealer Location.
The dealership and this Agreement are not tranofarabla without the prior written consent of 0-Haul.
I. mil. Dealer acknowledges that any goodwill Which may accrue as a result of Dealer acting as an
agent of U-Haul shall be for the benefit of U-Haut. Dealer hether agrees that any goodwill or other value
that may arise from Dealer's use of the U-Maul name or U-Haul intellectual property will belong exciusvey
to U-HMI.
g_ Noncoinpetiticn Covenant Dealer represents, warrants and covenants that, during the term of this
Agreement, Dealer, for gsaR, Its heirs, assigns. successors, shareholders, of cert directors, employees.
principals. partners, agents, managers and members, snafi not engage in any rental business at the
Dealer Location or at any other place which offers the rental of equipment similar to that offered by
U-Haul. Upon tanminatlori.of this Agreemom for any reason, Dealer warrants, covenants and agrees that,
at the DeelerLocation and within the ,greater of a three (3) mils radius of the Dealer Location or the
geographical limits of the county of the Dealer. Location, Dealer. Its heirs, assigns, successors.
Shareholders; officers. directors, employees, principaie, partners, agents, managers and members shag.
not represent or render any service either on its own behalf or in any capacity for any other person or
entity engaged in any rental business similar to that operated by U-Haul for the duration of the then-
extstii contracted-tor telephone directory listing(s) fdr the Dealer Location. In the event any part of
this paragraph is determined to be unenforceable by is court of cornp Slant Jurisdiction. the remainder of
Chia noncompatnion covenant Shalt be construed to be enforceable by such ooun to the greatest extent
possible.
e
L?
3
10/17/2001 07:33 6022636842
'C" U-HAUL 'R' INT'L PACE 04
far-o•ru-aau-r F.0
h. Comosan¢gyrith Lawa. Doolor atmfi operate the U-Haul doblarshlp in compliance with as applicable laws.
1. (tpency Relationshlo. Dealer represents, warrants and agrees that the dealership created under this
Agreement is. an agency relationship and shah not under any circumstances constitute a franchise under
any law. Dealer hereby disclaims and waives any rights that may sriso under ouch franohisd laws and
agrees not to assert any rights based on franchise law.:
6. . Thin} Agreement may be terminated by either party without cause on thirty (30) days written
notice or Immediately by either party without notice upon breach of this Agreement by the other party. In
addition, the Agreement shall terminate Immediately upon the transfer of the Dealer Location or the Dealer's
business, or the dissolution, termination, death, Insolvency or bankruptcy of Dealer. In any event, this
Agreement shall terminate at the later of three (3) years from the date hereof or upgtn the expiration of the
Yellow Pages advertising then in affect on atXh three (3) year anniversary date. wtttdn ninety (00) days after
tha termination of this Agreement, U-Haul shall render a final. account of the dealership and each party shall
promptly remit any sums due to the other party.
7_ Miscellaneous In the.event suit or action is instituted under this Agreement, the non-prevailing party agrees
to pay to the party substantially prevailing therein, in addition to the costs allowed by statute, reasonable
attorneys' fees, and to pay all costs of collecting or attempting to coW any sums due. This Agreement may
be assigned by U•Haul to any attlBated U-Maul company upon written notice to Dearer. This Agreement may
not be assigned by Dealer. No alteration (handwritten or otherwise) to this Agreement shell be valid, even If
initiated by the parties. No amendment of this Agreement, or waiver of any of its provisions, shall be binding
upon either party hereto lxnloes the some be agreed to In writing by the president of the U-haul Co. Identified
below and a duly authorized representative of Dealer, All wriEMn notices to be provided hereunder shall be
sent by mail to the business office addresses of the parties' Identified at the end of this Agreement. Each
provision of WE Agreement Is severable. If any provision herein Is unenforceable for any reason whatsoever,
and such unenfCrceability does not affect the remaining parts of this Agreement, then all such remaining
parts shall be valid and enforceable. The headings contained in this Agreement are inserted for convenience
only and shall not affect the meaning or interpretation of this Agreement or any provision hereof. This
Agreement supersedes any and all prior diwuosions end agreements betwourn bra partlaa pnuluding any
previously executed Dealership Contract) and this Agreement to the extent sat forth herein contains the sole.
final and complete expression and understanding smong•the parties hereto with respect to the transactions
contemplated hereby. No person other than the parties hereto aims have any rights or claims Under thlx
Agreement. The parties agree that adequate consideration has been given for this Agreement. Dealer further
acknowledges that U-Haul is engaged in additional programs related to the do-it-yourself moving business
in which Dealer may be invited to participate, from time to time, and that Dealer may be required to provide
additional consideration for the opporttat$y to participate in quo, programs.
DEALER:
?o rcAeF+ ?? rL-rr Ei
(DEALERSHIP BUSINESS
3?L17 T„p)al)ST1PrAl 1R1?,_k ?a
WeALRasFeP STIIEET ADDP?9j
S,rgtyt? .?i! J 'PA llo t 1
Lt-HAW
U-HAUL•CO.OF
PEALEaSWP LOCATION ADDRESS, nP DrPPERENT)
`yiDOnrnoNA1 ADDFESS /{l.WMldi -'.?
EaunPMEW 13 STOM, a APPllcAM n
6?-awl
Ux 'bEAUMMel000DE
Bys' r'a1M§?R- j? ASSIGNED
. naM DEALER MWANATURE)
I?p
PNnteJ Maim, .?'12 y/i+, S
Title: O V+./Z
-Date: Z /I y/a/
Namel.loW-3 j4?-s
Date: 2r) rOL
r
9 l!Q!4x3
Yellow
h&ij BOOT[ 2001-2002,
Harrisburg/Hershey
Serving East Shore, West Shore & Vicinity
The Official Directory of:
COMMONWEALTH
ddd??? TELEPHONE COMPANY
Since
1930
m- For All Your Online Needs, Don't Search, Just... YE L L o COW
730 TRUCK Ye11OW Book W&W cyrdnuseeeUs4,tec 7 0 11141
Pli
Moving Made Easier 7? S7 01??
Automatics • A/C • Power Steering • AM/FM Radios • Lowest Decks- F1ve Star Ida
•
UIIIIIIHAU • Gentle Ride as One-Way Rentals U.S. & Canada MIIeaDe Included 1810 519tl
• 14,000 Pickup & Drop-off Sftes • Complete Une of Moving Supplies Tol! Free-
0 Trallers • Auto-Transports • Tow Dollies 1810 s 191
www.ulwsd.com mm e
ZEB®® a 020M U-HRIL CO
79 $Ad $39 g 6mCNR'
? 6',11I IS 12' ? 1C S ll• ? 1.2 ROOMS ? 1.2 BEDROOM ND•MIAR. ? 14 BEDROOM NOFM
ENCLOSED TRMLER9 OPEN TRARER9 to- VAN OR 14' VAN 11• VAM OR 17• VAN 24' VAN OR 261 . VAN
P P P
appliance dollies and car
towing equipment
• Easy to drive, well maintained
current model trucks with
automatic transmission,
power steering, A/C, AM/FM
stereo
• Commercial rates and
programs available
• Dock high and lift gates
available
• 24 hour road-side assistance
• FREE Moving Guide - ask about
our helpful planner to organize
your move
Storting of starting at Starting at
$19.93 $
2?.9s $34.9?
,mileage +milscge +160ge
10- Truck 15, T. 2W T.
(All prices reflect local rentals only. Subject to Availabilily)
For 24 Hour Information & Reservations:
1-800-GO-RYDER
(1-800-467-9337)
Harrisburg ...............561-9549 625 Lowther Rd 932-2082 .
Colonial Park/ (1-83 Exlt 15) ...............
Union Deposit ............652-0469 Carlisle
1122 Harrisbur Pie
Camp Hill ................ 975-0574 ( Taylor Rental Center)....... 249-6702
Hershey
861E Chocolate Av 533-6767
in Roller's Service Station) .....
Mechanicsburg ...........697-0504
Middletown /
Highspire ......
..........944-2075
Enola .......... .......... 728-0714
RI is a registered trademark of
Harrisburg...•5621 Misalignment Blvd Ditlsburg .............. ..845 US Fit 15 N............................... . 717.502-0243
0-et abut 26)..... - .............................717 657-2010 107 N 2nd ...................................... .717 432-0205
6740 Allentown Blvd (M 22) ...........717 545-8124 Encels ...................... ..3 Shady Lane (Off 11 & 15) ............ .717 732-9755
800 S Cameron St ............................. _. ..717 238-2097 Halifax ................... .. 3640 Peters Mtn Rd
1100 N Cameron (Off 1.91) .................. ..717 233-1098 (0 Rts 147 & 225)......................:.... .717 896-2219
610 Division (e 6th St) ......................... ..717 234-1603 Lemoyne .............. .. 350 S 7th St (Lemoyne Ext- Fit 581). .717 731-0662
7956 Linglestonam Rd .......................717 540.0179 Lewisberry......... .. 514 FleFring Creek Ed ................ .717 938-9120
321 Milroy Rd (m 322) ......................... ..717 566-1372 ?RnlCSburg_ •4725 Old Gettysburg Rd
6660 union Deposit Rd (e Rt 15) ....................................717 763-7677
- (Off Mys. ................................. ..717 671-8599 6506 Carlisle Pike
N 6th & Lingtestown Rd (Off Rt 322).. ...717 234-5894 (Rt 11 N Of Rt 114) ......................... .717 766-0269
509 S 29th St ...................................... ...717 5648418 115 Cumberland Pkwy (US Rt 15)... .717 791-0384
Camp Hill....... 1101 Carlisle Rd (1-83-Exit 19) ............. ...717 761-8171 1100 E Simpson St
3960 Industrial Park Rd ....................... ...717 975-0115 (etvm Walley or a Post officat17 795-5694
2236 old Gettysburg (East Off Fit IS). ... 717 737-7812 Mlddletolwn........ .. 193 Cedar (Off Rt 283).. ................. . 717 944-8388
3625 Simpson Ferry Rd ....................... ...717 303-2659 West Fairview ..... 81 2nd (Off INS 11 as 15) ........... .717 732-9135
Dauphin .......... low Peters Mtn Rd ............................ ...717 921-8664 -U-Haul Cemer/Complete Movkp Servkxs
RWER
MOVING SERVICES
www.yellowtruck.com
• Local and One Way Rentals
• Boxes, tape, bubble pack,
ro e, adlocks, furniture ads,
Inc., and is used under license
Q homestore.eom- I USA- special offer-
Ryder Moving
13uc. S,11. D, ld. ticnt, lmpriwc. SELF STORAGE Services customers!
w .homestore.com 1-888-604.8480 (I-888-786-7348)'-
446
Yellow Book
"WHERE THE CUSTOMER COMES FIRST"
S & T' AUTO REPAIR
Business Hours
Mon. thru Fri. gam to bum
Saturday 9am to 5Dm
Computer Diagnostics Water Pumps
Timing Chains Exhaust
Ball joints Altemetors
Belts & Hoses Starters
Brakes
Shocks & Struts
Lube & Clg Charge
General Ropeirs
Ryder Move Management Hamsburg-236-6623
Movies
SEE Theatres
Movies-Rentals
SEE Video Tapes & Discs-Sales & Rental
MOV12VG EQUIP RENTAL
continued
RYDER TRUCK RENTAL-ONE-WAY INC
LOCAL & LONG DISTANCE RENTALS
_PB.EE MOVING GUIDE AND PLANNING KIT
HARRISBURG---------- 717 561-9549
COLONIAL PKNNION DEPOSIT
3960 JONESTOWN RD (RT 22)-------717 652-0469
CAMP HILL---------717 975-0574
861 E CHOCOLATE AV HRSITY--717 533-6767
MECHANICSBURG----.---717 697-0504
625 LOWTHER RD LWSBRY------717 932-2082
1122 HARRISBURG PK CRLSLE-717 294-6702
Inc
U-MAUL W . TRAILERS $9.95
• TRUCKS $19.95
OPEN 7 DAYS
AlNntovm Blvd Harrisburg....
V:4 Alhadvom Blvd Harreburg....
S Cameron St Harrisburg........
1100 N Camsmn Harrisburg ....... ....717 233.IDOB
610 Division Harrlebmg .............. ....717 234-1603
79M Ungleatewn Rd Harrisburg ... .... 717 540-0179
321 MIMW Rd Harrisburg ........... ....717 565.1372
0880 Union DaposB Rd Harrisburg. .... 717 671.8559
N BM & LBrglearewn Rd Hmbrg..... ....717 234-6894
3625 Simpson
1000 Peter MI
Rd HalHas ..............
5601 Allentown BNtl Harrisburg 671-5735
U-Haul CO 2825 Rudy Rd Harrisburg- 233-2903
Moving Picture Projectors
SEE Photographic Equip & Supplies-Retail
Video Equip-Dealers
Moving Stairways
SEE Elevators-Sales & Service
Moving & Storage
SEE Movers
Storage-Household & Commercial
THE YELLOW PAGES TELL WHO SELLS.
Capital Self Storage
10 Prospect Drive Enola
RT 22 Stor-All
6740 Allentown Blvd Harrisburg--
Mowers-Lawn
SEE Farm Equip
Lawn & Garden Equip & Supplies
Lawn Mowers
Mowing Service
SEE Landscape Contractors
Lawn Maintenance
Weed Control Service
Allbritton's Automotive
(Next To Uptown Plaza)
2964 N 7m St Harrisburg---- 232.238
Auto Glass Plus 736 State St Lemoyne.- 737.222
GROSS GENERAL REPAIRS
612 Salem Rd Etters---- 63&238
SM 81111F AMPIDY AM Tfr/f Pant
Keiser's Service Center
2401 Old Gettysburg RD Camphill- 730389
MEINEKE DISCOUNT MUFFLERS
• Complete Exhaust o
?
service
• Complete Broke Service
• Shacks, Struts, CV Joints
• t Change 8 Lube Service
State Ins?actions
• O
ll
U
d
ty
ua
n
emar S eclalist
• Most Major Credit Cards Accepted
"WHERETO GET SERVICE'
MECRANICSBURG
MEINEKE DISCOUNT MUFFLERS
6510 Carlisle Pike Mechanlcsbrg- 7667711
HARRISBURG
MEINEKE DISCOUNT MUFFLERS
45M Jonestown Road Hamsburg--657-0181
3098 Paxton Street Harrisbura--5614140
HERSHEY
MEINEKE DISCOUNT MUFFLERS
1401 East Chocolate Avenue Hi
Melneke Discount Mufflers
3098 Paxton St Harrisburg- -50- M
Melneke Discount Mufflers
4509 Jonestown Rd Harrisburg--65740
Monro Muffler Brake & Service 3243 Paxton St Harrisburg--------558-0
3243 Paxton St Harrisburg -55"0
Monroe Muffler Brake & Service
1051 Market Street Lemoyne 761.93-0
S & T AUTO REPAIR
INS R N 7d1 St Harrisburg-goo
MR OW 017PIry AI7Rh PPM
Sledzlnski Performance & Automotive
1304 S Market St Mechanlcsbrg--- 691'10
WALKER ADVANTAGE MUFFLERS -
Bakers Automotive
3 & Belly It Harrisburg ----236-0
Bill's Texaco Service
5510 Allentown BNtl Harrisbur9--6V'60
Mugs-Screen-Printing
SEE Screen Printing
T-Shirts
YELLOW BOOK ...SINCE 1930
0535x7 0Yd Book us.,"
728 TRAILER Yellow Book ? 07
"America's On-Site Storage Solution"
Containers • Trailers •
• Secure, Clean, Well-Maintained
• Rent, Lease, or Buy
• Prompt On-Site Delivery
• Branches Nationwide
- Custom Modifications www.
STORAGE TRAILER'
RENTALS
CONTAINER B01(ES ` .1 15
GROMO LEVEL
STORAGE TRAM
& CONTAINERS
Remals • Sdu - Servin
ca D
PA" OiLMRY
STORAGE A ROAD
TRAILERS
800-243-2229
830 new ®ttltri 1 v NORTS a
TRAILER-RENT & LEASE
continued
U-Haul Co
Moving Centers
Hamsburg 5621 Allentown Blvd-- 717 657-2010
Mechanicsburg
4725 010 Gettysburg Rd 717 763-7677
Independent Dealers
Harrisburg 6740 Allentown Blvd - 717 545-8124
BOOS Cameron St- 717 238-2091
1100 N Cameron St-- 717 233.1098
610 Division---- - 717 234-1603
7956 Unglestown Rtl- 717 540-0179
321 Milroy Rtl 717566-1372
6660 Union Deposit Rd- 717 671-8599
N 6th L Unglestown Rd-- 717 234.5894
509 5 29th St 717 564.8418
- Camp H111 11D1 Carlisle Rd 717 761.8171
3960 Industrial Park Rd 717 975-0115
2236 old Gettysburg -717 737-7812
3625 Simpson Ferry Rtl- -717 303-2659
Dauphin 1000 Peters Mtn Rd- 7117 921-8664
Dillsburg B45 US Rte 15 N 717 502.0243
107 N 2nd-----_- 717 432.0205
Enola 3 Shady Ln 717 732.9755
Lemoyne 350 S 7 St 717 731-0662
Lewlsberry 514 Fishing Creek Rd - 717 938-9120
Mechanicsburg 6506 Carlisle Pke -717 766-4269
115 Cumberland Pkwy 717791-0384
1100 E Simpson St- - 717 795.5694
Middletown 193 Cedar St- -717 944.8388
West Fairview 81 2nd st-- 717 732.9135
CONTINUED NEXT COLUMN
FIND R HERE FIRST - FAST -
THE WAY ACTION PEOPLE DO.
?RAILER-REA T a LEASE
continued
U-Haul CO 1111 Harrisburg Pike Carlisle--249-8618
Williams Scotsman
804 Katie Ct Harrisbu n- 561-8340
WILLIAMS SCOTSMAN MOBILE OFFICES-
SALES & RENTALS
WI WAMS SCOTSMAN 804 Katie Court Harrisburg
Toil Free BDO 782-1500
Xtra Lease 111 Carolina Way Carllsie?-258-5665
MANY PEOPLE THINK THAT HEART DISEASE
ONLY HAPPENS IN THE ELDERLY.
YET, ACCORDING TO
THE AMERICAN HEART ASSOCIATION,
EACH YEAR ALMOST 200,000 AMERICANS
DIE FROM HEART AND BLOOD VESSEL
DISEASES BEFORE AGE 65.
com
H & L SALES CO
3830 N George Ext. Manchester- 7643477
SM OW DKWW Ad fib POSE
KEENS SERVICES INC
850 Keens RD LNItz- 626.SM
SON DW Ob Taft Ad Mill Page
Williams Scotsman Mobile Offices ;
804 Katie Ct Harrisburg
Toll Free- 800782.1500
TOGETHER, HEART DISEASE,
STROKE AND RELATED DISORDERS
KILL ALMOST AS MANY AMERICANS
AS ALL OTHER CAUSES
OF DEATH COMBINED,
AMERICAN HEART ASSOCIATION
STATISTICS REVEAL
YELLOW PAGES!
FOR
YOUR KNOWN MARKET
Recommended
Advertising seen
Salesperson called
Passed-by
Former Customer
Credit Card User
YOUR UNKNOWN MARKET
Newcomer
Emergency Buyer
Dissatisfied Buyer
Infrequent Buyer
Comparison Buyer
Transients to #be Area
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KADRO88A PKAD01,
10/16/2001 ,
01:24 PM 041001
REGION NE
REP. ID- KWEAVER
63507 PA HARRISBURG-HE
RSHEY
A 8. MASSOCIATES INC.
INSERTION ORDER NO.
6350720010001 10135 SRL
DUE DATE: 3/31/2001 PUB:
WHITE PGE BUS. OFFICE CLOSE
PUB: YBC / 0658
CLIENT 0001 U-HAUL RENTAL SYSTEM
.a.,- ? s frn?'Y,}3al e .w
HEADING
UDAC SRL 0.00 COLUMNS 3 COPY
Regular UsSng
MARKET
REF TO COMPANIES 811
7/1/2001
4/182002
WAHLSTRO
U-HAUL CO
MOVING CENTERS
HARRISBURG
> . 5621 ALLENTOWN BLVD... ....................................... (71.7).657-2010 COMP 811056 SRL
> . 4725 OLD GETTYSBURG RD ................. .......................(7]7)763.7677 COMP 811055 SRL
INDEPENDENT DEALERS
HARRISBURG
> 6740 ALLENTOWN BLVD ..................... ...................... (71.7)545-8124 COMP 037084 SRL
800 S CAMERON ST ........................ .......................(717) 238-2097 COMP 009671 SRL
1100 N CAMERON .......................... .......................(7171233-1098 COMP 036635 SRL
610 DIVISION .............................. .......................(71712341603 COMP 037067 SRL
> 7956 LINGLESTOWN RD ..................... ...................... (717).540.0179 COMP 053446 SRL
321 MILROY RD ............................ ...................... .(7171566-1372 COMP 003322 SRL
> 6660 UNION DEPOSIT RD .................... ...................... (717).671-8599 COMP 052297 SRL
N 6TH & LINGLESTOWN RD .................. ...................... (717).2345894 COMP 003326 SRL
> 509 S 29TH ST ............................. .......................(71715648418 COMP 002268 SRL
CAMP HILL
1101 CARLISLE RD ......................... .......................(717) 761-8171 COMP 040153 SRL
3960 INDUSTRIAL PARK RD ........ ......... .............
2236 OLD GETTYSBURG .................... ....................... (7.17) 737-7812 COMP 046250 SRL
3625 SIMPSON FERRY RD ................... .......................(7171303.2659 COMP 066027 SRL
DAUPHIN
> 1000 PETERS MTN RD ...................... .......................(717) 921-8664 COMP 010325 SRL
Page 1 of 13
KADRO88A
10/16/2001
01:24 PM
REGION NE
REP. ID- KW
63507
PKADOi
041001
EAVER
PA HARRISBURG-HE
RSHEY
CLIENT 0001 U-HAUL RENTAL SYSTEM
HEADING: 101 TRAILER-RENT & LEASE
A & M'ASSOCIATES INC.
INSERTION ORDER NO.
6350720010001 10135 SRL
DUE DATE: 3/31/2001 PUB: 7/1/2001
WHITE PGE BUS. OFFICE CLOSE 4/18/2002
PUB: YBC / 0658
UDAC SRL
Regular Listing
MARKET
REF TO COMPANIES 811 0.00 COLUMNS 3 COPY
AHLSTRO
DILLSBURG -
845 US RT 15 N .............. .....................................(717) 502-0243 COMP 031731 SRL
107 N 2ND ................... .................................... (71.7).432-0205 COMP 048116 SRL
ENOLA
3 SHADY LANE ............... .................................... (717) 732-9755 COMP 066707 SRL
LEMOYNE
350 S 7TH ST ................ ..................................... (717)731-0662 COMP 056719 SRL
LEWISBERRY
> 514 FISHING CREEK RD ....... .................................... (717).938-9120 COMP 005173 SRL
MECHANICSBURG
6506 CARLISLE PIKE .......... ....................................(717).766-4269 COMP 047403 SRL
115 CUMBERLAND PKWY ...... .................................... (71.7).791-0384 COMP 038653 SRL
> 1100 E SIMPSON ST. ......... ...................... .............. (717) 795-5694 COMP 064792 SRL
MIDDLETOWN
193 CEDAR .................. .................................... (7t7).944-8388 COMP 049511 SRL
WEST FAIRVIEW
> 81 2ND ..................... ........... .......................... (7.17)732-9135 COMP 026360 SRL
'"""' END OF AD "
Page 2 of 13
KADR089A PKADO1,
10/16/2001
01:24 PM 041001
REGION NE
REP. ID- KWEAVER
A & WASSOCIATES INC.
INSERTION ORDER NO.
6350720010001 10219 HP
63507 PA HARRISBURG-HE DUE DATE: 3/31/2001 PUB: 7/1/2001
RSHEY
WHITE POE BUS. OFFICE CLOSE 4/182002
PUB: YBC / 0658
CLIENT 0001 U-HAUL RENTAL SYSTEM
HEADIN
9.v
UDAC HP 5,844.00 COLUMNS 3 COPY TRK142.5X27.5 (TNI)
Display
MARKET
REF TO COMPANIES 811
WAHLSTRO
'U-HAUL CENTER/COMPLETE MOVING SERVICES
HARRISBURG -
> . 5621 ALLENTOWN BLVD (1-81 EXIT 26) .......................... ....... (717).657-2010 COMP 811056
> 6740 ALLENTOWN BLVD (RT 22) ............................... ....... (717).545-8124 COMP 037084
800 S CAMERON ST .................................... ..... ........(717) 238-2097 COMP 009671
1100 N CAMERON (OFF 1-81) .................................. ........(7171233-1098 COMP 036635
610 DIVISION (@ 6TH ST) ..................................... .......(717).234-1603 COMP 037067
> 7956 LINGLESTOWN RD ...................................... ....... (717).540.0179 COMP 053446
321 MILROY RD (RT 322) ..................................... ........(717) 566-1372 COMP 003322
> 6660 UNION DEPOSIT RD (OFF NYES RD) ....................... ....... (717).67.1-8599 COMP 052297
N 6TH & LINGLESTOWN RD (OFF RT 322) ....................... ........(717) 234-5894 COMP 003326
> 509 S 29TH ST .............................................. ....... 1717)564-8418 COMP 002268
CAMP HILL
1101 CARLISLE RD (1-83-EXIT 19) ......................................(717) 761-8171 COMP 040153
3960 INDUSTRIAL PARK RD ......... .............. ...... .....
2236 OLD GETTYSBURG (EAST OFF RT 15) .............................(7]7) 737-7812 COMP 046250
3625 SIMPSON FERRY RD ........................................... (717)-303-2659 COMP 066027
DAUPHIN
> 1000 PETERS MTN RD .......................... .....................(717) 921-8664 COMP 010325
DILLSBURG
845 US RT 15 N ................................ .....................(717) 502-0243 COMP 031731
107 N 2ND ..................................... .................... (717) 432-0205 COMP 048116
ENOLA
3 SHADY LANE (OFF 11 & 15) .................... ..................... (71,7) 732-9755 COMP 066707
Page 3 of 13
KADRO88A
10/16/2001
01:24 PM
REGION NE
REP. ID- KW
63507
PKADOi
041001
EAVER
PA HARRISBURG-HE
RSHEY
A & WASSOCIATES INC.
INSERTION ORDER NO.
6350720010001 10219 HP
CLIENT 0001 U-HAUL RENTAL SYSTEM
HEADING: 102 TRUCK RENT & LEASE
UDAC HP
Display
MARKET
REF TO COMPANIES 811
5,844.00
DUE DATE: 31312001 PUB: 7/1/2001
WHITE PGE BUS. OFFICE CLOSE 41182002
PUB: YBC / 0658
COLUMNS 3 COPY TRK/42.5X27.5 (TNI)
WAHLSTRO
HALIFAX
3640 PETERS MTN RD (@ RTS 147 & 225) .............................. (717).896-2219 COMP 047215
LEMOYNE
350 S 7TH ST (LEMOYNE EXT- RT 581) ................................. (717) 731-0662 COMP 056719
LEWISBERRY
> 514 FISHING CREEK RD ............................................. (717).938-9120 COMP 005173
> + 4725 OLD GETTYSBURG RD (@ RT 15) ......................... ........(717) 763-7677 COMP 811055
6506 CARLISLE PIKE (RT 11 N OF RT 114) ...................... ........ (717).766-4269 COMP 047403
115 CUMBERLAND PKWY (US RT 15) .......................... ........ (717).791-0384 COMP 038653
> 1100 E SIMPSON ST (BTWN WELLEY DR & POST OFFICE) ......... ........(717).795-5694 COMP 064792
MIDDLETOWN
193 CEDAR (OFF RT 283) .................................... ........ (717).944-8388 COMP 049511
WEST FAIRVIEW
> 81 2ND (OFF RTS 11 & 15) .................................... ........(717) 732-9135 COMP 026360
" END OF AD'
Page 4 of 13
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KADR088A PKAD01*i
10/16/2001
01:24 PM 041001
REGION NE
REP. ID- KWEAVER
A & WASSOCIATES INC.
INSERTION ORDER NO.
6350720010001 10302 6HS
63507 PA HARRISBURG-HE DUE DATE: 3/31/2001 PUB: 7/1/2001
RSHEY
WHITE PGE BUS. OFFICE CLOSE 4/1812002
PUB: YBC / 0658
CLIENT 0001 U-HAUL RENTAL SYSTEM
HEADING: 1 ?".,_, +
UDAC 6HS 1,344.00 COLUMNS 3 COPY
Space Listing
MARKET
REF TO COMPANIES 811
WAHLSTRO
"9NSERT BULLETS'
U-HAUL CO
TRAILERS $9.95
TRUCKS $19.95
OPEN 7 DAYS
> . 5621 ALLENTOWN BLVD HARRISBURG ................. ............... .(7171657-2010 COMP 811056
> 6740 ALLENTOWN BLVD HARRISBURG ................. ............... (717).54&8124 COMP 037084
800 S CAMERON ST HARRISBURG ..................... ............... (717)238-2097 COMP 009671
1100 N CAMERON HARRISBURG ...................... ................(7.17) 233-1098 COMP 036635
610 DIVISION HARRISBURG .......................... ................ (717) 2341603 COMP 037067
> 7956 LINGLESTOWN RD HARRISBURG ................. ................(717) 540.0179 COMP 053446
321 MILROY RD HARRISBURG ........................ ................(7.17) 566.1372 COMP 003322
> 6660 UNION DEPOSIT RD HARRISBURG ..... ........... ................ (7171671-8599 COMP 052297
N 6TH & LINGLESTOWN RD HRSBRG .................. ................ (7.1.7) 234-5894 COMP 003326
> 509 S 29TH ST HARRISBURG ......................... ................ (717) 5648418 COMP 002268
1101 CARLISLE RD CAMP HILL ........................ ................(717) 761-8171 COMP 040153
3960 INDUSTRIAL PARK RD CAMP HILL ................ ............... _
2236 OLD GETTYSBURG CAMP HILL ................... ................(717) 737-7812 COMP 046250
3625 SIMPSON FERRY RD CAMP HILL .................. ............... (717).303-2659 COMP 066027
> 1000 PETERS MTN RD DAUPHIN ...................... ................ (71.7).921-8664 COMP 010325
845 US RT 15 N DILLSBURG .......................... ................ (7.17) 502-0243 COMP 031731
107 N 2ND DILLSBURG ............................... ............... (717).432-0205 COMP 048116
3 SHADY LANE ENOLA ............................... ............... (717).732-9755 COMP 066707
Page 5 of 13
KADROBBA
10/16/2001
01:24 PM
REGION NE
REP. ID- KW
63507
PKADOi1
041001
EAVER
PA HARRISBURG-HE
RSHEY
CLIENT 0001 U-HAUL RENTAL SYSTEM
HEADING: 103 MOVING EQUIPMENT RENTAL
INSERTION ORDER NO.
6350720010001 10302 6HS
DUE DATE: 3/31/2001 PUB: 7/1/2001
WHITE PGE BUS. OFFICE CLOSE 4/18/2002
PUB: YBC / 0658
UDAC 6HS 1,344.00 COLUMNS 3 COPY
Space Listing
MARKET
REF TO COMPANIES 811
3640 PETERS MTN RD HALIFAX WAHLSTRO
........ ...................... .........(717) 896-2219 COMP 047215
350 S 7TH ST LEMOYNE
..................................... ...... .. (7t7).731-0662 COMP 056719
> 514 FISHING CREEK RD LEWISBERRY
......................... ........ (71.7) 938-9120 COMP 005173
6506 CARLISLE PIKE MECHANICSBURG
.................... ... .........(717) 766-4269 COMP 047403
115 CUMBERLAND PKWY MECHANICSBURG
................... .........(717).791-0384 COMP 038653
> 4725 OLD GETTYSBURG RD MCHNCSBRG
....... . ............. ........ 4717).7637677 COMP 811055
> 1100 E SIMPSON ST MECHANICSBURG
........................ ........ (71.7).795-5694 COMP 064792
193 CEDAR MIDDLETOWN ..
................................. ........ (717).9448388 COMP 049511
> 81 2ND WEST FAIRVIEW ..
................................... ........(7.17) 732-9135 COMP 026360
+ END OF AD ""++"
A & M ASSOCIATES INC.
Page 6 of 13
#., :11 6-AML
YB C 1. Pub An ID e Z Printer Furnish Proof to Pub. Co.
ArtWorkTransmittal
All Information Must Relate
WM 3. An Identification Number e. Pub Code S.Date Mailed 6.F:pass T.NO.of Pgs.
.
To Issue You Wish To Affect 041001 0658 _ 3 -0 1
a.StatalDirecloryName 9. Directory Code 10. Close Dale 11. Pub Data 12. N of Cols. 13.CMWAect.8
PA HARRISBURG-HERSHEY 063507 04/10/01 07/01 3 A 153-0001
fa. Client Name 1S.Telephunel -
U-HAUL RENTAL SYSTEM 717 732-9135
16XeIl"Page llsading ;
MOVING EQUIPMENT RENTAL
17. Name or Finding Line (To)
1
U-HAUL CO
16. Finding Line (From)
10. Sim (ham Code)To 20. Size (item Code) From 21.New 22. Change 23. Change Logo (In Column)
6HS X
2e. Change Directories: All 25.Nof Copy Material (Voids Must Be Attached): Vebs Disk pee Proof 26. National Std. Spec Submitted 27. Publisher Specs
02 (Float) X
26. Maintain Local Space Precedence 29. Use Local Published Copy 30. Use Latest Nat'l Copy 31. File Name on Disk ??
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NOTE: REVERSE TYPE (IF UTILIZED) APPROVED PER U-HAUL TO APPEAR AS SHOWN
Note: Color Ada Must Indicate Ponlon To Be Sel In Cole, -Use Revarae Side for larger Ada
M. CANTY
35. Remuka
WAHLSTROM/U-HAUL
N.NEW C. CHANGE "L.C.
Rev 39a
f
203 363-9552
PROOF REQUIRED ..a'
ONLY 'MANGE LOGOL COPY
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Exhibit C
10/17/2001 07:33 6022636042
-- n, vn uu. uuM Y ..PY?
"C- U-HAUL "R" INT'L PAGE 05
••r-a+u-aau? p.o
Warzor m ran?imrcg
IJE E TROIv1% SYSTEM REPORTING
'??I MoNiH DAY vEAR
J y ?e o i
DEALERSHIP CONTRACT ADDENDUM
THIS ADDENDUM is between U-HAUL' CO. OF S 0..1nn ?c, ru-Haul)
and l ke- f. I tx ije e CiF_ to:LL?_ QS-?a1.T ("Dealer.
(Print Dealer's Name) Healer Coda )
RIEWMALS
U-Haul and Dealer previously entered Into a Dealership t7rntraet for the rental of the Equipment. (Arty defined
terns not defined herein shall have the same meaning as set forth in the Dealership Contract.) U-Haul and Dealer
desire to increase the efficiency, of their relationship by conducting business using certain electronic reporting
systems to be provided by U-Haul to Dealer. Dealer acknowledges reoWng a benefit therefrorn and agrees to
the following obligations in addition to the rights of the parties set forth In the Dealership Contract-
AORESMENT
Select One Electronic System Reporting ,Method: C.A.R.D.• _ B.E.S.7' OTHER (SPECIFY)
R,36 w
(List all equipment serial nos. W
._
t. U-Haul Obligations to Dealer. U-Haul shall provide to Dealer certain electronic reporting equipment, which
maY include computer equipment, software and related written materiel (the 'System') to automate the
activity of Dealer. The System to be provided to Dealer is Identified above, U•Haul shall sefecL purchase,
t;. instan and maintain Uar System. U-Haul shall provide bealw with reasonably necessary training at a time and
place designated by U-Haut. U-Haul shall provide Dealer with supporting documentation, bulletins, manuals
and updates. Ownership of the System shall remain In U-Head at all times.
2. Deals Obilgatlura lu ld-Her 1. Dealer "I deposit or remit all gross revenue from the rental of Equipment as
specified hereinafter. Dealer shall () utilize the System for every U-Haul transaction as directed in U-Haul
manuals, updates, policy bulletins, advisories and other :user documentations Ii) pay to U-Haul, via a
deduction from Commliiatnna, a nasonable monthly service fee equal to S/A=_-: pp permit U-Haul or its
designee reasonable access to the System; (M obtain the.wntten consent of any required party including but
not limited to landlords, lessors and mortgagess) to place the System at the Dealer Location; (v) properly
totals and keep the System ckan;(v) pay for arty Ivse or damage to the System resulting from Dealer`s
negllgentx (vlg as and when directed by U Haul a tfur marl or depos[t h designated bank aeeoum the funds
wllecied on all U Haul transactions; (vii) perform daily dosing prtwadtsae as directed t1y U-Haul: (a) perform
Procedures to rets;n and store intormation ere directed by U-Haut: anti (s) perform other reptxtirtg functions as
d;reotod by U HoW. Defiler shall not (i) encumber Or CRlree arty ken to loo plaevd on ttw System; pi) rtause the
System to become a flxhre: (i7 transfer phye cat posseseton of the System trtrn thr Dealer Location without
the written eonaam of U Haul; (ill be responsible far ordinary wear and tear of the System. (v) copy or
5 tlistrfbute the System or err/ part tfnereof ar any material related thereto; add erry urrauthorizad software to
the System; (vtt), reverse-engineer, decode, Dypass ar opmpYOmba ttte S Scorn or ar1ry pert thereof: and "D
allow any third party to do any M the above.
3. Noncomostitlon Co&enant. Dealer represents, warrants and covenants that, during the term of this
Addendum. Dealer, for Itself, Its heirs, assigns. succesaom shareholders, officers, directors, employees.
principals, partners, agents, managers and members, shall not engage in any rental business at the Dealer
W, Location or at any other place which offers the rental of equipment similar to that offered by U-Haul. Upon
twminatfon or this Agreement for arty reason, Dealer warrants. cownarta. and agrees that, at the Dealer
N Location and within the grestar of a three (3) mile radius of the Dealer Location or the geographical limits of
N the county of the Dealer Location. Dealer, its heirs, aselgn3, successors. shareholders, officers, directors,
employees. principals, partriera, apenM, manapran and merilbars shall not reprerRht or render any service
k'°g either on Its own behalf or In any capacity for Any other person or entity engaged In any rental business similar
i;
R•
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i
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Y •.
1907 0 U-Haul Intarr iaGonal. Ire
10!17!2001 07:33 6022636842 "C" U-HAUL "R" INT'L PAGE 06
to that operated by U-Haul for the duration of the then existing or contracted-tor telephone directory listing(s)
oIr the or L ocstion and further agrees td extend the noncompentlon obitunuon of ter as set forth m the
Dealership Contract to cover the rental of do-It-yourself moWng equipment for a period of one (1) year after
termination of all other accumulated Dealer rorlcompetitlon obligations under the Dealership Contract and the
related Addenda. In the even! arry part of tlt@s Wsagr'aph is delennined to be uilenftxceable by at court of
competent Jurisdiction, the remainder of this paragraph shall be enforceable to the tallest extent permitted by
such court.
4. Termination. This Addendum shall be tarinimaled upuri the termination of the Deelershlp Crnitraa:i. Tips Dtealpr -s
obligations under Paragraph 3 shall survive termination of the Dealership Contract and this Addendum
S. Sanaidarsfinn. Each party represents that the respective obligiat'lons of the other party In this Addendum and
In the Dealership Contract constitute good arxt valuable culiFideral'utu
6. Dealer Contract, This Addendum is integrated into the Dealership Contract so as to be one agreement and all
other terns and conditions of the Dealership Contract shall remain in place. The terms of Paragraph 7 of the
Dealership Contract are incorporated herein.
?DEEAA?LE?R: gy--
PEALFASMIP aUMEES NAME)
WEALFASNIP PA. M011
PEALERSHIP CITY. STATE, MP CODE)
(DEALERSHIP LOCATION ADDRESe. IF DIEFEREN7)
IADDRIONAL ADDRESS AT WHICH
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MAIL IUPLEION TgU1UUL INTEPNATIOWL
U-HAUL DEALERSHIP CLOSE-OUT NOTICE
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the U-Haul Dealership Contract between the parties slat forth below is hereby terminated by:
R Mutual Agreement ? Violation of Dealer's Obligation Under Said Contract ? Other:
Dealer is reminded that said contract prohibits the rertal of equipment similar to that operated by U-HAUL CO. for a prescribed time subse-
quers to this termination.
IN WITNESS WHEREOF,
the parties below have here unto set their hands this-_ day of
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U-HAUL INTERNATIONAL/2727 N. CENTRAL AVE. • P.O. BOX 21502, PHOENIX, AZ 85036-1502 • (602) 263-6011 • FAX NO, 16021 277-520-
MARKETING DEPARTMENT (602) 263-6929 • FACSIMILE (602) 277-5812
September 28, 2001
HAND DELIVERED and CERTIFIED MAIL RETURN RECEIPT REQUESTED
Daniel Myers/Owner
The Storage Center
3960 Industrial Park Road
Camp Hill, PA 17011
Re: Breach of U-Haul Dealership Contract between
U-Haul Co. of Pennsylvania ("U-Haul") and
The Storage Center
Dear Sir:
We are aware that you now carry a competitor's product line in violation of your
agreement with U-Haul. Although your agreement with U-Haul has been. terminated and
you are no longer a U-Haul Dealer, we must remind you that you agreed to certain Non-
Competition obligations that survive the termination of the U-Haul Dealership Contract
which you entered into on February 21, 2001. The Non-Competition obligations are
described in your U-Haul Dealership Contract and any related Addenda thereto. In
addition, please be aware that on April 10, 2001, you signed a Electronic System
Reporting Addendum ("ESR Addendum") that further extends your Non-Competition
obligations under the U-Haul Dealership Contract.
Specifically, the Dealership Contract prohibits you from renting any competitors
trucks or trailers for the duration of the current U-Haul Yellow Page advertisement in
which your location is identified as a U-Haul Dealer. According to our records your
current yellow page listing does not expire until the end of July, 2002.
P.2
The Storage Center
Moreover, the ESR Addendum further prohibits you from engaging in the business
of the rental of do-it-yourself moving equipment for a period of one (1) year after
termination of all other accumulated Dealer Non-Competition obligations under the
Dealership Contract and other related Addenda.
Please be aware that it is U-Haul policy to aggressively protect its legitimate
business interests by seeking to enforce the Non-Competition provisions of our
Dealership Contracts. Should you continue to violate your obligations under the Non-
Competition provisions of the Dealership Contract and its related Addenda, U-Haul,
without hesitation, will pursue any and all remedies available to it at law and in equity.
Please respond, to my attention, or to the attention of John Davis, within ten (10) days of
receipt of this letter regarding your intent to comply with your obligations under the Non-
Compete provisions of the Dealership Contract and its related Addenda.
Sincerely,
Thomas F. Tollison
Marketing Staff Attorney
U-Haul International, Inc.
cc. John Davis
MCP - UHC of Cerf SENDER
5621 Allentown BlComplete Items 1, 2, and 3. Also complete A. Received bTO'Z7 Harrisburg, PA 171 j Item 4 n Restricted Delivery is desired, B. Date a
¦ Print your name and address on the revers-
so that we can return the card to you c. signature
or on the front if space permits. ^ St ?•?Gr '. 0 Addm
t Article aadres4ed to D. Is delivery address dfieR1 t IMM Rem t? 0 yes
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7001 0320 0001 7843 0214
PS Form ;.381;1, July 1999 Y :t Domestic Return Receipt 102595-00-M-0E
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141,e 0
Yellow 5i ;4
0- UK 2001-2002
Harrisburg/Hershey
Serving East Shore, West Shore _& Vicinity
The Official Directory of:
COMMONWEALTH
TELEPHONE COMPANY
/r ME]
For All Your Online Needs, Don't Search, Just... YE L L o COW
682 STORAGE Yellow Book 069507 ®r? 4•aeMse zoo,
STORAGE-HOUSEHOLD & COM4MERCLAL
BRAND NEW CONSTRUCTION
• Electronic Gate Top Security
• 24 Hour Access, 7 Days A Week
• Large Warehouse Space
• Extra Large Overhead Doors
• Monthly Or Long Term leases
• 5x10', 10x10', 10x15', 10x20'
1045', 10x30', 15x30'
u41AUI:
RENTALS
RENT
SPECIALS
STORAGE
CENTER
LOCATED N THE HAWDEN MUSfRNL PARK
D INDUSTRIAL PARK RD. 975
CAMP HILL O mmm cTmFN_cPT.x crra0 er_F n....
4808
MOOVE IN
SELF STORAGE
• NO DEPOSIT REQUIRED
• HEATED & COOLED ROOMS
• NEXTTO NEWBERRY COMMONS
• ALL SIZES AVAILABLE/24 HOUR ACCESS
• GATED ENTRY, CLOSED CIRCUIT TV
M
WTE
s
938-1228
850 Old Trail Rd., Etters
J E 0 Self Storage
1209 Yocumtown Rd Etters- 938.2744
LEWISBERRY SELF-STORAGE
Rt 392 Lewisberly 938-4124
Undham court Storage Units
1101 Undham Ct Medtanlcsbrg _ 691-09%
Londonerry Self Storage
4043 E Harrisburg Pike Londonderry-944.8182
MOOVE IN SELF STORAGE Etters-938-1228
ARM OW Dftlelff Ad 111111111 POW
NEW CUMBERLAND SELF STORAGE
Safe Secure 10'x20' Units
24 Hour Access
Super Low Rate
4122nd Street NeW Cumberland-761.6267
OLD DILLSBURG MALL & STORAGE THE
911 Rt 15 N Dillsbrr 4M-4694
See 04r DhWW Ad Po4oN111119 PaN
Parks Van Lines Agent
1001 S 14m Hamsburg 946-0714
Parks Van & Storage
1001 South 14th St Hamsburg 295-4665
Parks Van & Storage Inc
1001 S 14 St Harrisburg-- 232-2100
Paul's Stor-All
. Rt 34 DellWlle Rd New BIO0m8d 582-4501
Paxton Enterprises
425 Range End Rd Dlllsburg- "z2-8186
PENN HERSHEY TRANSFER
Airport Rd Palmyra 533.2000
See aw RAgday Ad PONOWAN PW
PORTABLE STORAGE Ellzabetlor 362-BM
See Ow DWW Ad PORdwtllN MW
Price-Less Storage
39 Longs Gap Rd Carlisle 249.6040
RENT-A-SPACE
4150 Industrial Rd Harrisburg-- 2383972
See 04e BAPO LrAd POW SNO
Rt 15 Self Storage 805 Rte 15 S Dillsburg-432.3231
RT 22 STOR-ALL
6740 Allentown Blvd Harrisburg-545.7951
See 04? bww Ad POW 6"
S & K Self Storage
Nw Cumllenntl 774-5SO4
S & K Storage 245 Old Quaker Rd Etters- 932-1902
SAFE-T-STOR 183 & EXR15 LeWbsberry-939-NM
See Ow OAgNOP Ad FI NdNWN PaN
SPACE MART SELF-STORAGE
• ' MART
SELF-STORAGE
• Climate Controlled And Standard Units
• Professional • Secure • Convenient
www.spacemartstorage.com
4751 WestDort Drive Mechbo ------- 790.9100
E CENTER
ndustrial Park Rd Camp HIM
See O4P DMPMF Ad RWE Pade
CONTINUED NEXT PAGE
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Page 1 of
http://www.superself-storage.com/images/CampHill/4s.jpg 10/31/200
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to
authorities, I hereby certify that I am the Marketing Company President of U-Haul Company of
Central Pennsylvania, that I am authorized to make this verification on its behalf, that I have
reviewed the foregoing and that the facts set forth therein are true and correct to the best of my
knowledge, information and belief.
U-HAUL COMPANY OF PENNSYLVANIA
d/b/a U-HAUL COMPANY OF CENTRAL.
Dated: ///;-'0/
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MCNEES, WALLACE & NURICK
100 PINE STREET
P. 0. BOX nee
HARRISBURG, PA 17108
U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - EQUITY
SUPER SELF-STORAGE
LL/b/a THE NO T
STORAGE CENTER
Defendant
PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
Plaintiff, U-Haul Company of Pennsylvania d/b/a U-Haul Company of Central
Pennsylvania ("U-Haul") hereby moves, pursuant to Pa. R. Civ. P. 1531, for a preliminary
injunction barring Defendant from renting, selling or offering, within Cumberland County, any
moving trucks or equipment from Penske Truck Rental or any other entity that engages in any
business that offers the rental of equipment similar to that offered by U-Haul until a trial on the
merits and further order of court. In support of its Motion, U-Haul states as follows:
Simultaneously with this Motion, U-Haul has filed a Complaint against Defendant
Super Self-Storage Harrisburg, LLC d/b/a The Storage Center ("Defendant") which is
incorporated herein by reference.
As stated in the Complaint, Defendant was obligated under contractual
noncompetition provisions which require Defendant to refrain from offering competing moving
rental equipment in Cumberland County for the duration of the yellow pages advertisements
listing Defendant as a U-Haul dealer, plus one year thereafter.
3. The existing yellow pages listings of Defendant as a U-Haul dealer expire on July
1, 2002.
4. Defendant violated the contractual noncompetition provisions by offering Penske
rental equipment during the duration of the U-Haul yellow page listings.
U-Haul reasonably believes that Defendant will continue to violate its
noncompetition obligations.
6. For the reasons stated in the Complaint, unless Defendant is enjoined from
continuing to violate its noncompetition obligations, U-Haul will be irreparably harmed by the
loss of customers and goodwill due to the confusion created by Defendant offering the rental
equipment of U-Haul's competitor while being listed in the yellow pages as a U-Haul dealer and
U-Haul will suffer present economic loss, which is unascertainable at this time, and future
economic loss, which is presently incalculable.
7. U-Haul has a substantial likelihood of succeeding on the merits of its claims
against the Defendant.
8. For reasons set forth in the Complaint, the balancing of the harms favors the grant
of the injunction.
9. U-Haul has no adequate remedy at law.
2
WHEREFORE, U-Haul respectfully moves the court for an Order granting U-Haul's
Motion for Preliminary injunction in the form of the attached proposed order.
McNEES WALLACE & NURICK LLC
By 14L' L. rr,-
Helen L. Gemmill
I.D. No. 60661
Kimberly M. Colonna
I.D. No. 80362
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Attorneys for Plaintiff
U-Haul Company of Pennsylvania
Dated: November 5, 2001
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LAW OFFICES OF RALPH F. TOUCH
By: Raymond A. Swan, Esquire
Attorney I.D. No. 42169
401 Penn Street, Suite 100
Reading, PA 19601
Tel. 610-320-4613 Fax 610-320-4767
Attorney for Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
John Meyers, ) CIVIL DIVISION
PLAINTIFF, ) NO. 00-6282 CIVIL
VS. )
Kelly Services, Inc. , )
DEFENDANTS. )
PRAECIPE TO ENTER JUDGMENT OF NON PROS
TO THE PROTHONOTARY:
Kindly enter a Judgment of Non Pros in favor of the Defendant, Kelly Services, Inc. , and
against Plaintiff for failure to file a Complaint within twenty (20) days from service of the rule to
do so.
Pursuant to PA Rules of Civil Procedure 237.1 (a)(2)(i), written notice of intention to file
the subject praecipe was mailed to the Plaintiff on September 25, 2001. A true and correct copy
of the said notice is attached hereto as Exhibit "A".
Dated: October 30, 2001
Raymo d A. Swan, Esquire
Attorney for Defendant(s)
CERTIFICATION OF SERVICE
I hereby certify that I have served a copy of the Praecipe for Judgement of Non
Pros upon all listed parties or their attorneys in the following manner(s) and in accordance with
all pertinent Rules of Civil Procedure:
1. By first-class mail postage prepaid:
Osmer S. Deming, Esquire
Paul Bradford Orr Law Offices
50 East High Street
Carlisle, PA 17013
John Meyers
600 Laurel Run Road
Dillsburg, PA 17019
Dated: October 30, 2001
n
aym d A. Swan
Attorney for Defendant(s)
EXHIBIT `A'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
John Meyers,
PLAINTIFF,
vs.
Kelly Services, Inc. ,
DEFENDANTS.
100300112/ Swan
CIVIL DIVISION
NO. 00-?MiZCIVIL
7A099575
NOTICE OF PRAECIPE TO ENTER
JUDGMENT OF NON-PROS
TO: John Meyers / Osmer S. Deming, Esquire DATE OF NOTICE: September 25, 2001
600 Laurel Run Road Paul Bradford Orr Law Offices
Dillsburg, PA 17019 East High Street
Carlisle, PA 17013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE
DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
LAWYERS' REFERRAL SERVICE OF THE
BERKS COUNTY BAR ASSOCIATION
544 COURT STREET
READING, PA 19601
TELEPHONE (610) 375-4591
B .
aymond A. Swan, Esquire
Attorney for Defendant
Law Offices of Ralph F. Touch
401 Penn Street, Suite 100
Reading, PA 19601
r
CERTIFICATION OF SERVICE
I hereby certify that I have served a copy of the Notice of Praecipe to Enter Judgment of Non
Pros upon all listed parties or their attorneys in the following manner(s) and in accordance with all
pertinent Rules of Civil Procedure:
1. By first-class, United States Mail, postage prepaid:
John Meyers
600 Laurel Run Road
Dillsburg, PA 17019
Osmer S. Deming, Esquire
Paul Bradford Orr Law Offices
50 East High Street
Carlisle, PA 17013
Dated: September 25, 2001
aymond A. Swan, Esquire
Attorney for Defendant(s)
PA Atty. I.D. No.
Law Offices of Ralph F. Touch
401 Penn Street, Suite 100
Reading, PA 19601
(610) 320-4780
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06282 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
U-HAUL COMPANY OF PA D/B/A
VS
SUPER SELF-STORAGE HARRISBURG
DOUGLAS DONSEN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
SUPER SELF STORAGE HARRISBURG D/B/A THE STORAGE CENTER the
DEFENDANT , at 1610:00 HOURS, on the 5th day of November , 2001
at 3960 INDUSTRIAL PARK ROAD
CAMP HILL, PA 17011 by handing to
EMILY KNIGHT, OFFICE MANAGER
a true and attested copy of COMPLAINT - EQUITY together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.10
Affidavit .00
Surcharge 10.00
.00
37.10
Sworn and subscribed to before
me this day of
nw.. ?. ,2ov/ A. D.
rothhono? to y l
So Answers:
R. Thomas Kline
11/06/2001
MCNEES WALL/ACEE.?)NURICK
By Q
Deputy Sheriff
U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA,
Plaintiff
Vs.
SUPER SELF-STORAGE
HARRISBURG, LLC, d/b/a
THE STORAGE CENTER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION -- EQUITY
NO. 01-6282
ORDER
NOW, upon consideration of the Defendant's Motion for
Admission Pro Hac Vice, it is, hereby, by the Court, ORDERED that
said Motion is granted and it is further ORDERED that Julian
Karpoff, Esq. is admitted pro hac
Date: //hto1O
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U-HAUL COMPANY OF IN THE COURT OF COMMON PLEAS OF
PENNSYLVANIA d/b/a U-HAUL : CUMBERLAND COUNTY, PENNSYLVANIA
COMPANY OF CENTRAL
PENNSYLVANIA
V.
SUPER SELF-STORAGE
HARRISBURG, LLC, d/b/a
THE STORAGE CENTER,
Defendant
01-6282 EQUITY TERM
. CIVIL ACTION - EQUITY
ORDER OF COURT
AND NOW, this 26th day of November, 2001, after
hearing, the motion for preliminary injunction of Plaintiff is
granted in part. The Defendant is enjoined from using the
telephone number 975-0115 now or any time in the future. The
Defendant is further directed to delete any reference to U-Haul
from any and all of its advertising, including its Web site,
which shall be done immediately, and its Yellow Pages ad, which
shall be done as soon as possible.
The Defendant is also directed to prominently
display a notice in its office, as approved by counsel for the
parties, indicating that U-Haul equipment is not available for
rent at its location. In addition, each customer that rents
Penske equipment from Defendant shall be presented with a notice
which must be signed by the customer and made part of his or her
file. The notice should be in substantially the following form.
Notice We are no longer a U-Haul agent.
U-haul equipment is not available for rent
at this location. If you desire U-Haul
equipment, you should call or visit (name,
address and telephone number to be provided
by counsel for Plaintiff).
I acknowledge receipt of a copy of this notice
prior to signing the rental agreement for Penske
equipment.
Signature
Date
If anybody calls 975-8808 to request U-Haul
equipment, the Defendant is directed to advise the caller that
U-Haul equipment is not available for rent at its location and
may be rented at the location listed in the notice referred to
above. If any of those calls lead to a Penske rental, the name,
address and phone number of the customer must be provided to
counsel for Plaintiff.
This preliminary injunction shall become
effective upon Plaintiff posting bond in the amount of $1.00.
Helen L. Gemmill, Esquire
McNees, Wallace & Nurick
P.O. Box 1166
Harrisburg, PA 17108-1166
Attorney for Plaintiff
Melissa K. Dively, Esquire o?
Salzmann, DePaulis, Fishman & Morgenthal"
455 Phoenix Drive, Suite A Q "
Chambersburg, PA 17201 r?
Attorney for Defendant
Julian Karpoff, Esquire
P.O. Box 990
Arlington, VA 22216
Attorney for Defendant
srs
By the Court,
?'?:I1 ids' s?ZtiU@J 1Q
U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
Vs.
SUPER SELF-STORAGE
HARRISBURG, LLC, d/b/a
THE STORAGE CENTER,
Defendant
CIVIL ACTION -- EQUITY
NO. 01-6282
NOTICE OF MOTION FOR ADMISSION PRO HAC VICE
The Defendant, by Counsel, will move the Admission Pro Hac
Vice Of Julian Karpoff. In support of this Motion the Defendant
respectfully represents as follows:
1. Mr. Karpoff is a member in good standing of the
Bars of Virginia, Maryland, District of Columbia, the U.S.
Supreme Court, and the U.S. Courts of Appeals for the D.C. and
Fourth Circuit and has practiced law without interruption since
1972. He is experienced in commercial litigation.
2. Mr. Karpoff is also a member of the Pennsylvania Bar
and practiced in Cumberland County for approximately one year in
1972. Upon his move to the Washington, D.C. area in 1973 he
assumed inactive status with the Pennsylvania Bar and has not
appeared in any Pennsylvania courts since then.
3. The occasion for Mr. Karpoff's requested appearance in
this case is that he has a long-standing professional
relationship the Defendant (and its related entities) and the
Defendant has requested his representation in this case. Mr.
Karpoff has no present intention of making any other appearances
in Pennsylvania courts.
an Salz an
I. . No. 61
Salzmann, DePaulis, Fishman
& Morgenthal
455 Phoenix Drive
Chambersburg, Pa. 17201
263-2121
Attorney for Defendant
442:48
Certificate of Service
I hereby certify a copy of the foregoing, with attachments,
was hand delivered to Atty. Helen L. Gemmill, Attorney for
Plaintiff, McNees, Wallace & Nurick, 100 in Street, P.O. Box
1166, Harrisburg, Pennsylvania 17108, th day of November,
2001.
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U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
Vs.
SUPER SELF-STORAGE
HARRISBURG, LLC, d/b/a
THE STORAGE CENTER,
Defendant
CIVIL ACTION -- EQUITY
NO. 01-6282
DEFENDANT'S OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION
The Defendant, Super Self-Storage Harrisburg, L.L.C.,
opposes the Plaintiff's Motion for Preliminary Injunction as
follows:
1. Simultaneously with this Opposition the Defendant has
filed its Preliminary Objections which plea is incorporated
herein by reference.
2. As stated in the Defendant' Memorandum in Opposition to
Plaintiff's Motion for Preliminary Injunction, the Plaintiff's
requested Preliminary Injunction and the alleged noncompete
provisions are contrary to public policy and unenforceable in
that they are not necessary to secure a protected right. Also,
the Plaintiff can show no significant enjoinable harm. Also, the
injunction sought by the Plaintiff will do far more injury than
the loss sought to be redressed. Also, the Plaintiff has failed
to do equity and has unclean hands in that it inexplicably failed
to include the Defendant in its Verizon Yellow Pages ad after
expressly promising to do so. The Verizon Yellow Pages is the
leading yellow pages in the subject market. Finally, the term of
Nov 25 01 11:09a Daniel Myers 301-434-0157
Daniel A. Myers
ATTORNEY AT LAW
1776 Powder Mill Rd.
Silver Spring, MD 20903
(301) 434-1702
FAX (301) 434-0157
October 10, 2001
VIA FACSIMILE (602) 277-5812
FOLLOWED BY FIRST CLASS MAIL
Mr. Thomas F. Tollfson
Marketing Staff Attorney
U-HAUL International. Inc.
2727 N. Central Avenue
P.O. Box 21502
Phoenix, AZ 85036-1502
Re: Breach of Contract by U-HAUL
Dear Mr. Tollison:
This is in response to your letter dated September 28, 2001. 1 have reviewed the
letter and in particular your contention that The Storage Center, 3960 Industrial Park
Road, Camp Hill, PA 17011, violated its non-competition obligations to U-HAUL
International, Inc_ ("U-HAUL") as set forth in a contract dated on or about February 10,
2001. You make reference to the Dealership Contract, presumably subsection 5(g), that
prohibits The Storage Center from renting competitor trucks or trailers for the duration of
the current U-HAUL Yellow Page advertisement in which The Storage Center is
identified as a U-HAUL dealer.
You are clearly not familiar with the facts underlying this situation. The facts are
as follows: The Storage Center and U-HAUL did enter into the Dealership Contract on or
about February 10, 2001. At this time, Mr. Jim Ponder, Area Field Representative for U-
HAUL, assured me that The Storage Center would be listed in the Ver¢on Yellow Pages
upon publication in late May, 2001. The Storage Center received its cony of the Vetizon
Yellow Pages in early June. 2001: there was no listing for The Storage Center. Mr.
Ponder stated to me upon being informed of the no-listing that the Area Field Office had
made a mistake and failed to include The Storage Center in the commissioned
advertising. U-HAUL's failure to include The Storage Center in the Yellow Pages
advertising represents a breach of its obligations under the Dealership Contract and
renders null and void any non-competition covenant between the parties.
It has been a great disappointment to deal with U-HAUL. U-HAUL is extremely
disorganized and its carelessness in failing to promote The Storage Center completely
p.l
M 111111111111111111h
Exhibit 1
Nov 25 01 11:09a Daniel Myers 301-434-0157 p,2
compromised the promising opportunities open to both parties. If you have any
questions, please call me.
Sincerely,
Daniel Myers
DAM: bw
11/09/2001 10:48
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7179758921
PAGE 02
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• Complete Line of Moving Supplies a Trailers • Auto-Transports • Tow Dollies
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MostMajor Credit Cards Accepted
www.pensketruekrentalf.eom Boxes. Accessories& Towlna equipment
Student Discount
Harrisburg ............................ 717-851-0533
?Mechanicsburg 5035 Carlisle Pike ............ 717-766-8763
?Middletown 275C Comrner;;e Drive ........... 717-939-5140
Colonial Park .......................... 717-545-5245
Union Deposit ......................... 717-566-6459
Hershey .............................. 717-533-7618
Camp Hill ............................. 717-612-6665
Lebanon ............ ............r.^... 717-560-6904
Dickinson College ...................... 717-761-6273
Carlisle ... . ........................... 717-245-9943
Elizabethtown ......................... 717-361-9439
• =Iefr,gsl'ated Units Available
• .eating S Cantracl Malnrenanre Avllllable
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11/19/2001 15:56 7033589458 1840 WILSON BLVD PAGE 02
U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
Vs.
SUPER SELF-STORAGE
HARRISBURG, LLC, d/b/a
THE STORAGE CENTER,
CIVIL ACTION -- EQUITY
NO. 01-6282
Defendant
AFFIDAVI T F EMILY V xNIOT
I, Emily V. Knight, make this Affidavit upon the basis of
personal knowledge:
1. I am the Office Manager of the 3960 Industrial Park
Road, Camp Hill, Pennsylvania site of the Defendant, and have
been such at all times relevant to this action.
2. During the period of the subject contract between the
parties there were approximately 2 to 3 U-Haul truck rental
transactions per month; the customers for these transaction all
came through the U-Haul telephone line and none came from walk-
ins.
3. All Penske truck rental customers come from Penske's
central reservation system or through our dedicated Penske
telephone line; none comes from walk-in traffic.
4. On November 17, 2001 1 placed a conspicuous sign on our
premises, advising the public that U-Haul rentals are available
at the Plaintiff's closest site, approximately 1/3 of a mile
away, with directions and the address, per the attached Exhibit
1.
11419/2001 15:56 7033589458 1840 WILSON BLVD PAGE 03
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. sectioti 4964,
relating to unsworn falsification to authorities, I hereby!
i
certify that I am the office Manager of the Defendant Super Self-
Storage Harrisburg LLC, for the 3960 INdustrial Park Road, Camp
Hill, Pennsylvania site, that I am authorized to make this
verification on its behalf, that I have reviewed the foregoing,
and that the facts set forth therein are true and correct to the
best of my knowledge, information and belief.
SUPER SELF ORAGE HARRIS LLC
By:
7 ly V.
Date: ?l?l_
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Exhibit 1
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SALZMANN, DEPAULIS,
FISHMAN & MORGENTHAL, P.C.
455 PHOENIX DRIVE • SUITE A • CHAMBERSBURG, PA 17201
(717)263.2121 FAX (717)263.0663
95 ALEXANDER SPRING ROAD, SUITE 3 • CARusu, PA 17013
(717)249.6333 FAX (717) 249-7334
U-HAUL COMPANY OF PENNSYLVANIA
d/b/a U-HAUL COMPANY OF CENTRAL
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
SUPER SELF-STORAGE HARRISBURG,
LLC, d/b/a THE STORAGE CENTER,
Defendant
NO. 01-6282
CIVIL ACTION - EQUITY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Answer and New Matter and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment may be entered against you by the
court with only such further notice to you as may be required by law, for any money claimed in the
Answer and New Matter or for any other relief requested by the defendant. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONECE, OR IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH SBELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
U-HAUL COMPANY OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF
d/b/a U-HAUL COMPANY OF CENTRAL : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 01-6282
SUPER SELF-STORAGE HARRISBURG,
LLC, d/b/a THE STORAGE CENTER,
Defendant : CIVIL ACTION - EQUITY
DEFENDANT, SUPER SELF-STORAGE
HARRISBURG, LLC, d/b/a THE STORAGE CENTER,
ANSWER TO COMPLAINT AND NEW MATTER
Super Self-Storage Harrisburg, L.L.C., d/b/a The Storage Center, by its undersigned
attorneys, hereby answer the within Complaint as follows:
1. Admitted.
2. Admitted, with the qualification that the Defendant is a limited liability company.
3. Admitted.
4. The allegations of paragraph 4 are admitted with the qualification that do-it-yourself
moving equipment is distinct from trucks, van trailers and open trailers in the context of the
underlying transaction.
5. The allegations of paragraph 5 are admitted as to the first sentence. The Defendant is
without sufficient knowledge to admit or deny the second sentence and, accordingly, denies same.
6. The Defendant is without sufficient information to admit or deny the allegations of
paragraph 6 and, accordingly, denies same.
7. Admitted.
8. Admitted.
9. The allegations of paragraph 9 are denied in that the referenced document speaks for itself.
10. The Defendant is without sufficient information to admit or deny the allegations of
paragraph 10, and accordingly denies the same.
11. The allegations of paragraph 11 are admitted with the clarification that the Plaintiff did
not include the Defendant in its ad in the current Verizon yellow pages for the Harrisburg area, which
is the leading yellow pages in the subject market.
12. The allegations of paragraph are denied to the extent that the Plaintiff inexplicably did not
include the Defendant in its ad in the current Verizon yellow pages for the Harrisburg area, which is
the leading yellow pages in the subject market.
13. The Defendant is without sufficient information to admit or deny the allegations of
paragraph 13 and, accordingly, denies same.
14. The allegations of paragraph 14 are denied to the extent that the Operations Manual
would speak for itself as to its content.
15. The allegations of paragraph 15 are denied to the extent that the Operations Manual
allegedly educated the Defendant and otherwise to the extent that the Operations Manual would
speak for itself as to its content.
16. The Defendant is without sufficient information to admit or deny the allegations of
paragraph 16 and, accordingly, denies same.
17. Admitted.
18. The allegations of paragraph 18 are denied to the extent that the Addendum speaks for
itself.
19. Denied. It is specifically denied that both the Dealership Contract and the Addendum
contained a covenant by which Defendant agreed not to provide equipment rentals by or through any
of U-Haul's competitors for the duration of the yellow pages listing and for one year thereafter.
20. Admitted.
21. Admitted.
22. Admitted.
23. Admitted.
24. Admitted.
25. Admitted.
26. The allegations of paragraph 26 are denied in that the termination agreement was
executed on August 15, 2001.
27. The allegations of paragraph 27 are denied in that the alleged noncompetition obligations
are unenforceable and have not been violated.
28. Admitted.
29. Admitted.
30. The allegations of paragraph 30 are denied in that the alleged noncompetition obligations
are unenforceable and have not been violated.
31. Denied. It is specifically denied that the Defendant's acts are likely to mislead, deceive,
or confuse customers and prospective customers of U-Haul into believing that Defendant is still an
authorized U-Haul dealer or that U-Haul is associated with Penske or that Penske offers equipment
that is superior to U-Haul's.
32. Denied. It is specifically denied that when U-Haul's customers, utilizing the local
telephone directories, arrive at Defendant's facility to rent U-Haul moving equipment, such
equipment will not, in fact, be available for rent, and the customers will instead by offered Penske
equipment.
33. The allegations of paragraph 33 are denied in that no U-Haul customers arrive at the
Defendant's facility as a result of the local telephone directories.
34. The allegations of paragraph 34 are denied in that no U-Haul customers arrive at the
Defendant's facility as a result of the local telephone directories.
COUNTI
BREACH OF CONTRACT
(Violation of Noncompete Covenants)
35. Paragraph 35 is an incorporation clause to which no answer is required, however,
Defendant incorporates paragraphs 1-42 of its Answer herein by reference.
36. The allegations of Paragraph 36 are denied in that the alleged noncompetition obligations
are unenforceable and in that the covenants do not extend for the alleged period as to "rental
equipment similar to that offered by U-Haul."
37. The allegations of Paragraph 37 are denied in that the alleged noncompetition obligations
are unenforceable and in that the covenants do not extend for the alleged period as to "rental
equipment similar to that offered by U-Haul"
38. Denied. Plaintiff failed to include Defendant in its ad in the current Verizon yellow pages
for the Harrisburg area, the leading yellow pages in the subject market.
39. The allegations of paragraphs 39 are denied in that the alleged noncompetition
obligations are unenforceable.
40. The allegations of paragraphs 40 are denied in that the alleged noncompetition
obligations are unenforceable.
41. Denied. It is specifically denied that as a consequence of the foregoing, U-Haul has
suffered and will continue to suffer financial losses, lost profits, and other damages.
42. Admitted.
WHEREFORE, the Defendant asks that Count I be dismissed and for an award of counsel
fees and costs.
COUNT II
BREACH OF CONTRACT
(Violation of Limited License)
43. Paragraph 43 is an incorporation clause to which no answer is required. However,
Defendant incorporates Paragraph 1 through 42 of its answer herein by reference.
44. The allegations of paragraph 44 are denied in that the alleged noncompetition obligations
are unenforceable.
45. Admitted.
46. Admitted.
47. The allegations of paragraph 47 are denied, with the exception of the Defendant's yellow
pages ad under the heading "self-storage," which cannot be terminated or deleted until a new yellow
pages is published.
48. The allegations of paragraph 48 are admitted with the clarification that this ad cannot be
terminated until a new yellow pages is published.
49. The allegations of paragraph 49 are denied in that this website photograph has been
removed.
50. The allegations of paragraph 50 are denied in that the U-Haul name is of no benefit to the
Defendant.
51. The allegations of paragraph 51 are denied in that there is no benefit to the Defendant
from the U-Haul name.
52. Denied. It is specifically denied that as a consequence of the foregoing, U-Haul has
suffered and will continue to suffer financial losses, lost profits, and other damages.
53. Admitted.
WHEREFORE, the Defendant asks that Count II be dismissed and for an award of counsel
fees and costs.
COUNT III
INJUNCTIVE RELIEF
54. Paragraph 54 is an incorporation to which no response is required, however, Defendant
incorporates paragraph I through 53 of its Answer herein by reference.
55. Denied. It is specifically denied that U-Haul has demonstrated a substantial likelihood of
success on the merits of its claim against Defendant.
56. Denied. It is specifically denied that without injunctive relief, U-Haul has no means by
which to prevent customers or prospective customers of U-Haul from being confused into believing
that Defendant is an authorized U-Haul dealer.
57. The allegations of paragraph 57 are denied in that truck rental customers do not go to the
Defendant's location based on use of the Yellow Book.
58. The allegations of paragraph 58 are denied in that not only the Defendant's primary
business is entitled to protection.
59. Denied. It is specifically denied that the balancing of equities favors the issuance of an
injunction against Defendant.
60. The allegations of paragraph 60 are denied in that truck rental customers do not go to the
Defendant's location based on the yellow pages.
61. Denied. It is specifically denied that U-Haul has not adequate remedy at law.
WHEREFORE, the Defendant asks that County III be dismissed and for an award of counsel
fees and costs.
AFFIRMATIVE DEFENSES
62. The Plaintiff can show no significant enjoinable harm.
63. The injunctions sought by the Plaintiff will do far more than the loss sought to be
redressed.
64. The Plaintiff has failed to do equity and has unclean hands.
65. Covenants not to compete incident to agency contracts are contrary to public policy and
unenforceable.
WHEREFORE, the Defendant asks that Count III be dismissed and for an award of counsel
fees and costs.
Respectfully submitted,
Salzmann, DePaulis,
P.C.
Attorney ID No. 61935---' \?J
SALZMANN, DePAULIS,
FISHMAN & MORGENTHAL, P.C.
455 Phoenix Drive, Suite A
Chambersburg, PA 17201
Telephone: (717) 263-2121
Fax: (717) 263-0663
KARPOFF & TITLE
By:
Juli K , squir
P. O. ox 90
Arlington, VA 22216
(703) 841-9600
11/26/2001 16:47 7033589456 1640 WILSON BLVD PAGE 02
VERIELCATION
I verify that- all the statements made in the foregoing
Answer and New Matter are true and correct to the best my
know,led}er information and belief and that any false statements
made are subject to the penalties of TB Pa.C.S. 4904
re-latinq-W unsworn falsification t authoriti s.
Daniel
Managing Member,
super setf-Storage
Harrisburg LLC
444:0+
CERTIFICATE OF SERVICE
I hereby certify that on this f41L-- day of 6KM 2001, I served a true and correct
copy of the foregoing Answer and New Matter to Complaint via United States Mail, first class,
postage prepaid as follows:
Helen L. Gemmill, Esquire
McNees Wallace & Nurick
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108
SALZMANN & DePAULIS,
FISHMAN & MORGENTHAL, P.C.
By:
G. Bryan S lzmann, Esq*
Attorney ID # 61935
455 Phoenix Drive; Suite A
Chambersburg, PA 17201
(717) 263-2121
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U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA
Plaintiff
V.
SUPER SELF-STORAGE
HARRISBURG, LLC d/b/a THE
STORAGE CENTER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 01-6282
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
Plaintiff, U-Haul Company of Pennsylvania d/b/a U-Haul Company of Central
Pennsylvania ("U-Haul") hereby replies to the New Matter/Affirmative Defenses asserted by
Defendant. For its reply, U-Haul states as follows:
62. Denied. Paragraph 62 avers conclusions of law to which no response is required.
To the extent that a response is deemed necessary, the allegations are denied. By way of further
answer, the Court granted injunctive relief for Plaintiff on November 26, 2001.
63. Denied. Paragraph 63 avers conclusions of law to which no response is required.
To the extent that a response is deemed necessary, the allegations are denied.
64. Denied. Paragraph 64 avers conclusions of law to which no response is required.
To the extent a response is deemed necessary, the allegations of the paragraph are denied. By
way of further answer, the Court granted injunctive relief for Plaintiff on November 26, 2001.
65. Denied. Paragraph 65 avers conclusions of law to which no response is required.
To the extent a response is deemed necessary, the allegations of the paragraph are denied.
WHEREFORE, Plaintiff requests that judgment be entered for Plaintiff on all counts and
that Plaintiff be awarded attorneys fees and costs of suit.
McNEES WALLACE & NURICK LLC
By ' X. (.v"
Helen L. Gemmill
I.D. No. 60661
Kimberly M. Colonna
I.D. No. 80362
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
Attorneys for Plaintiff
U-Haul Company of Pennsylvania
Dated: December l7, 2001
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
was served by first class United States mail upon the following:
Julian Karpoff, Esq.
Karpoff & Title
P.O. Box 990
Arlington, VA 22216
Melissa K. Dively, Esq.
Salzmann, DePaulis, Fishman & Morgenthal
455 Phoenix Drive, Suite A
Chambersburg, PA 17201
Kimberly M. 'Colonna
Dated: December 17, 2001
4
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the next term of civil court.
( x ) for trial without a jury.
-------------------------------
CAPTION OF CASE
(entire caption must be stated in full) (check one)
U-HAUL COMPANY OF PENNSYLVANIA
d/b/a U-HAUL COMPANY OF CENTRAL
PENNSYLVANIA,
( ) Civil Action - Law
( ) Appeal from Arbitration
(X) Civil Action - Equity
(other)
VS.
(Plaintiff)
SUPER SELF-STORAGE HARRISBURG,
LLC '87 51a THE STORAGE CENTER
VS.
(Defendant)
The trial list will be called on_
and
Trials commence on
Pretrials will be held on
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 01 Civil 6282 19
Indicate the attorney who will try case for the party who files this praecipe:
Kimberly M. Colonna (McNees, Wallace & Nurick)
100 Pin reef Box 1166
HarriG urcf PA 1710$
Indicate trial counsel for other parties if known: Julian Karpoff
Karpoff & Title, P.O. Box 990, Arlington, VA 22216
This case is ready for trial.
Signed:
Print Name: _Kimberly M. Colonna
Date: 1/16/0 Attorney for:
Plaintiff
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U-HAUL COMPANY OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF
d/b/a U-HAUL COMPANY OF CUMBERLAND COUNTY, PENNSYLVANIA
CENTRAL PENNSYLVANIA
V.
SUPER SELF-STORAGE HARRISBURG NO. 2001-6282 CIVIL
LLC d/b/a THE STORAGE CENTER
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 4TH day of FEBRUARY, 2003, a pretrial
conference in the above-captioned matter is SCHEDULED for
TUESDAY, FEBRUARY 18, 2003, at 8:30 a.m. in Chambers of the
undersigned judge, Cumberland County Courthouse, Carlisle,
Pennsylvania. Pretrial memorandum shall be submitted by counsel
in accordance with C.C.R.P. 212-4, at least five (5) days prior
to the pretrial conference.
TRIAL in the matter will be scheduled at the pretrial
conference. Counsel are directed to have their calendars
available.
cc:,/Kimberly M. Colonna, Esq. the Court
? Julian Karpoff, Esq.
Edward E. Guido, J.
Taryn Dixon
Court Administrator
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AN 2 3 2n03
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
t.
Please list the following case:
( ) for JURY trial at the next term of civil Urt•c
(Check one) r ,
( x ) for trial without a jury-
-----------------------,?''?- s -?
- - - - - - - - - - - - - - J ,
CAPTION OF CASE (check one)
(entire caption must be stated in full)
U-HAUL COMPANY OF PENNSYLVANIA
d/b/a U-HAUL COMPANY OF CENTRAL
PENNSYLVANIA,
( ) Civil Action - Law
( ) Appeal from Arbitration
(;? ) Civil Action - EquitV
(other)
(plaintiff)
VS.
SUPER SELF-STORAGE HARRISBURG,
LLC'd7b7a THE STORAGE CENTER
The trial list will be called on
and
Trials conTwnce on
(Defendant) Pretrials will be held on
(Briefs are due 5 days before pretrials.)
VS.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel,, pursuant to local Rule 214.1.)
No . 01 Civil 6282 19
Indicate the attorney who will try case for the ;party who files this praecipe:
Kimberly M. Colonna (McNees, Wallace & ??urick)
Box 1166 Harris l ?•
Indicate trial counsel for other parties if known.: Julian Karpoff
Karpoff & Title, P.O. Box 990, Arlington, VA_ 22216
This case is ready for trial. Signed: -
Print Name: Kimberly M Colonna
1/16 03 Attorney for: Plaintiff
Date:
U-HAUL COMPANY OF
PENNSYLVANIA d/b/a U-HAUL
COMPANY OF CENTRAL
PENNSYLVANIA,
Plaintiff
vs.
SUPER SELF-STORAGE
HARRISBURG, LLC, d/b/a
THE STORAGE CENTER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - EQUITY
NO. 01-6282
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Pursuant to Pa. R. Civ. P. 229(a), please mark this matter discontinued and ended with
prejudice.
McNEES WALLACE & NURICK LLC
By U?-?
--Aa Kimbe ly M., Colonna, Esq.
Attorney I.D. No. 80362
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1 166
(717) 237-5278
Attorneys for Plaintiff
U-Haul Company of Pennsylvania
Dated: March 3, 2003
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
was served by first class United States mail upon the following:
Julian Karpoff, Esq.
Karpoff & Title
P.O. Box 990
Arlington, VA 22216
"r ==
Kim erly M. Colarma
Dated: March 3, 2003
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