Loading...
HomeMy WebLinkAbout02-3883SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, KERBECK CADILLAC CHEVROLET t/d/b/a KERBECK CORVETTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 02~' 3oc~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the followinq 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 writinq 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 iud.qment 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 17013 800-990-9108 McNEES, WALLACE & NURICK Lawrence R. Wieder Attorney I.D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone 717 237-5229 Attorneys for Plaintiffs Dated: August IS, 2002 SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, KERBECK CADILLAC CHEVROLET t/d/b/a KERBECK CORVETTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. COMPLAINT Plaintiffs Sutliff Chevrolet Company and Faulkner Chevrolet, Inc., by their counsel McNees Wallace & Nurick LLC, bring this Complaint for injunctive relief against Defendant Kerbeck Corvette and in support thereof, say as follows: 1. Plaintiff Sutliff Chevrolet Company ("Sutliff") is a Pennsylvania corporation, with its principal place of business at 13th and Paxton Streets, Harrisburg, Pennsylvania. 2. Plaintiff Faulkner Chevrolet, Inc. ("Faulkner"), is a Pennsylvania corporation, with its principal place of business at Harrisburg Pike and President Avenue, Lancaster, Pennsylvania. 3. Defendant Kerbeck Cadillac Chevrolet, trading and doing business as Kerbeck Corvette ("Kerbeck"), is believed to be a New Jersey business enterprise whose principal place of business is at 430 N. Albany Ave, Atlantic City, NJ 04801. True and correct copies of portions of advertising literature from its web page, indicating its name and address are attached hereto as Exhibits "A" and "B". 4. Venue is proper in this county as Kerbeck has, in the past, conducted business in this county and the conduct sought to be enjoined is to occur in this county. 5. The sale of all automobiles in the Commonwealth of Pennsylvania is regulated by the Pennsylvania Board of Vehicles Act, 63 Pa.C.S.A. § 818.1 et. seq. ("the Act"). 6. To obtain a license to buy, sell or exchange new automobiles in the Commonwealth of Pennsylvania, automotive dealers are required to conform to the mandates of the of Act. 7. Section 818.5(a) of the Act provides as follows: § 818.5. License to engage in business (a) License required.-- (1) To promote the public safety and welfare, it shall be unlawful for any person to engage in the business as a salesperson, dealer, branch lot, wholesale vehicle auction, public or retail vehicle auction, manufacturer, factory branch, distributor, distributor branch, factory representative or distributor representative within this Commonwealth unless the person has secured a license as required under this act. (emphasis added) (2) A person, including, but not limited to, salespersons, shall not engage in the business for his own benefit or profit unless he is licensed in accordance with this act. (emphasis added) (3) A person shall not act as, offer to act as or hold himself out to be a broker in the advertising, buying or selling of any new or used vehicle. 8. Plaintiffs are licensed by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons to buy, sell or exchange new vehicles at their principal places of business in Pennsylvania. 9. Kerbeck is not licensed by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons, to buy or sell new vehicles in the Commonwealth of Pennsylvania. 10. Plaintiffs hold written franchise agreements with General Motors Corporation ("General Motors") to sell new Chevrolets from their principal places of business in Pennsylvania. 2 11. To obtain a franchise agreement with General Motors, Plaintiffs were required and continue to be required to conform to the mandates of their Dealer Sales and Service Agreement, as well as other agreements required by General Motors. 12. Kerbeck does not hold a franchise with General Motors to sell new vehicles from any location in Pennsylvania. 13. Section 818.19 of the Act provides as follows: § 818.19. Grounds for disciplinary proceedings (11) Being a dealer or broker who advertises or otherwise holds out to the public that he is selling new vehicles for which he does not hold a franchise agreement in writing with a manufacturer or distributor giving the dealer authority to sell the particular line-make of new vehicles. (12) Being a dealer or broker who sells new vehicles for which he does not hold a franchise agreement in writing with a manufacturer or distributor giving the dealer authority to sell the particular line-make of new vehicles. (14) Engaging in the business for which such licensee is licensed without at all times maintaining an established place of business as required. (15) Employing any person as a salesperson who has not been licensed as required. (26) Violating any provision of this act. (27) Being an unlicensed salesperson, dealer, vehicle auction, branch lot, manufacturer or any other person or business where a license is required under this act. 14. Section 818.29 of the Act permits any person who is or may be injured by a violation of a provision of the Act to bring an action for damages and equitable relief, including injunctive relief. 15. An entity known as "Carlisle Events" is in the business of promoting automobile shows at the Carlisle Fairgrounds, in Carlisle, Cumberland County, Pennsylvania. 3 16. Carlisle Events has advertised and continues to advertise an event (hereinafter the "Event") entitled "Corvettes at Carlisle." The Event is to be held at the Carlisle Fairgrounds on August 23-25, 2002. True and correct copies of internet advertising for the Event are attached hereto as Exhibits "C" and "D." 17. "Corvette" is a line make of Chevrolet, a General Motors subsidiary. 18. Kerbeck advertises that it has been the "#1 World's largest Corvette dealer 1994 thru 2001 model years." A true and correct copy of that advertising is attached hereto as Exhibit "E". 19. At times in the past, Kerbeck has participated in the Event by sending new Corvette inventory and sales personnel to display, offer for sale and sell new Corvettes. 20. Plaintiffs reasonably believe and aver that, unless otherwise enjoined, Kerbeck will send new Corvette inventory and sales personnel to this year's Event to display, offer for sale and sell new Corvettes. 21. The provisions of 63 P.S. § 818.32(c), which permit new car dealers to attend and participate in certain vehicle shows and exhibitions are inapplicable as Kerbeck does not meet the requirements set forth therein. 22. The conduct of Kerbeck in physically participating in the Event by sending new Corvette inventory, salespersons, displaying, offering for sale and selling new Corvettes is in violation of the Act as (1) Kerbeck is not licensed to sell vehicles in the Commonwealth of Pennsylvania and (2) Kerbeck does not have a Chevrolet franchise to sell new Chevrolet vehicles from a location in the Commonwealth of Pennsylvania. 23. The conduct of Kerbeck in physically participating in the Event by sending new Corvette inventory, salespersons, displaying, offering for sale and selling new 4 Corvettes is in violation of its Sales and Service Agreement and other agreements, which General Motors requires for all franchised automobile dealers. 24. Plaintiffs will be irreparably harmed by the aforementioned conduct of Kerbeck as Plaintiffs have made enormous commitments to enable them to sell new Corvettes in Pennsylvania in compliance with the Act and their agreements with General Motors. 25. Unless Kerbeck is enjoined from selling new vehicles at the Event, Plaintiffs will lose an unknown number of customers to Kerbeck, an out of state automobile dealer, who is illegally competing in Pennsylvania. 26. Unless Kerbeck is enjoined from selling new vehicles at the Event, the buying public will be at risk as they may purchase a new automobile from an unlicensed, out of state automobile dealer, over which the State Board of Vehicle Manufacturers, Dealers and Salespersons has little authority. 27. The issuance of an injunction will not unfairly prejudice Kerbeck, as Kerbeck is not licensed and otherwise authorized to sell new automobiles in Pennsylvania. 28. The balancing of the equities favors the issuance of an injunction against Kerbeck as Kerbeck has no legal right to physically participate in the Event by sending new Corvette inventory, salespersons, displaying, offering for sale and selling new Corvettes. 29. Act and its agreements with General Motors, Sutliff and Faulkner will be irreparably harmed by the loss of customers and good will. Unless Kerbeck is preliminary and permanently enjoined from violating the 5 30. Unless Kerbeck is preliminary and permanently enjoined from violating the Board of Vehicles Act and its agreements with General Motors, the public interest will be harmed as Kerbeck's conduct will invite others to violate Pennsylvania law as well. 31. Plaintiffs have no adequate remedy at law. WHEREFORE, Plaintiffs Sutliff Chevrolet Company and Faulkner Chevrolet, Inc., respectfully request that this Court order and decree that Defendant be enjoined and restrained, preliminarily and permanently, from: Sending new Corvette inventory and sales personnel to display, offer to sell or sell any new Chevrolet Corvette vehicles at the "Corvettes at Carlisle" event held at the Carlisle Fairgrounds, until it has procured a license to do so from the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons and a manufacturers agreement from General Motors. Dated: August 15,2002 McNEES, WALLACE & NURICK Lawrence R. Wieder Attorney I.D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone 717 237-5229 Attorneys for Plaintiffs 6 ~UG-14-2002 WED 08:10 aN PA AUTO RSSOOIRTION FA× riO, + P, 07 VERIFICATION Subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities, I hereby cer[ify that I am "~ (PLA- ~.¢ i-~- ~F£- of Sutliff Chevrolet Company. As such, I have read the foregoing document and the facts set forth therein are true and correct to the best of my knowledge, information and belief. Dated: August ~_~:_, 2002 08/14/2002 15:33 7173928258 FAULKNER LANC OBIS PAGE 07 VERIFICATION SubjeCt to the penalties of 18 Pa, C.S. ~4g04, relating to unswom falsification to authortaes, lherebycettifythatlam ,v'~,"e. {:~w.e.~,c,*"~,~-r" of FaulknerChevmlet Inc. As such, I have read the foregoing document and the facts set forth therein are hue and correct to the best of my knowledge, information and belief, Dated: August ~__~, 2002 . #~1 World's Largest Corvette Dealer -- Corvette sales by Kerbeck -- Atlantic City, New Jer... Page 1 of 1 R~hibit "Am' ,. /~1 World's Lar, gest Corvette Dealer -- Corvette sales by Kerbeck -- Atlantic City, New Jer... Page I of 3 Maps & Directions to Kerbeck's One third of the entire nation's population is less than a days drive to Atlantic city! Kerbeck Corvette~430 iV. Albany Ave.~Atlantic City, NJ 08401 1-800-578-3883 ~ 1-609-344-2100 Please call for exact door-to-door directions! Exhibit "B" ,' C, arlisle Event5 Page 1 of 1 Cartisle Events is the world's largest promoter of collector car shows and swap nleets. Each year we welcome nearly one-hair'million people to our dedicated 82-acre fiacilit,x, thc Carlisle Pennsylvania Fairgrounds. Our cenlral location si,si three miles l¥om both Interstate 81 and thc penns5 Ivania Turnpike -makes t~s Icss than a da> 's drive tbr 60 percent of tile /LS. popalation. Our mix of l0 automotive events covers tile entire spectrum of collector vehicles - l¥om Corvettes to mini-pickups - and attracts parlicipanls fi'om all 50 states and dozens of countries around the world. Why do they come? To purchase cm's. parts, mcmornbitia, toys and anything thal's aulol'~lolive related. ['o ~,ee special show and concept ears fronl Ford, General Motors. l)aim lerChtwslcr and other manufactures, and to meet their top designers, engi,eers al{d execntives, fhe whore atttomotive world conies to Carlisle. home Exhibit .' Qorvettes at C.arlisle , Page 1 of 1 CARLZSLE PA FAIRGROUNDS S~or~ Carlisle Carlisle Cu_storB Compact Nationals Import-Kit/ Replicar Nationals Ali-FORD Nationals Antiques_ & Collectibles Ali-GM Nationals Ail-Truck Nationals Ail-Chrysler Nationals Summer Carlisle Carlisle Summer Bike Fest Corvettes at Carlisle Fall Carlisle Eh. mil Us! MECUM R~olster Event Activitie~ 2002 Give-Away Evolution Display Schedule Vote for your favorite Corv~ S~:)onsorshiD Opportunities parkin~am~ Home Features ~Hote! Media Site Vendor Info 2O AUGUST 23-25 RESTORATION CELEBRATION CORVETTE'Sk" J 1953 Corvette to be auctioned for charity. Coming to Corvettes at Carlisle... 1963 Sting Ray that the GM Staff built for Harley Earl Click to see ~ els~apoenjncjl For more information call (717) 243-7855 Exhibit "D" World's Largest C. orvette Dealer -- Corvette sales by Kerbeck -- Atlantic City, New Jer... Page 1 of 1 R.hibit SUTLIFF CHEVROLET : COMPANY AND · FAULKNER CHEVROLET,: Plaintiff Vo KERBECK CADILLAC CHEVROLET t/d/b/a KERBECK CORVETTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 02-3883 EQUITY ORDER OF COURT AND NOW, this 19th day of August, 2002, upon consideration of Plaintiff's Verified Motion for Preliminary Injunction, a hearing is scheduled for Wednesday, August 21, 2002, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, /'~awrence Wieder, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Attorney for Plaintiff ~Kerbeck Cadillac Chevrolet t/d/b/a Kerbeck Corvette 430 N. Albany Avenue Atlantic City, NJ 04801 Defendant, Pro Se J. pVesley Ol~J~, ~J. SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY KERBECK CADILLAC CHEVROLET · t/d/b/a KERBECK CORVETTE, NO. Defendant PLAINTIFFS' VERIFIED MOTION FOR PRELIMINARY INJUNCTION Plaintiffs, by their attorneys, McNees, Wallace & Nurick LLC, hereby move for issuance of a preliminary injunction, pending trial on the merits, pursuant to the provis- ions of Pa. R. Civ. P. 1531 and, in support of their Motion, aver as follows: 1. On August 15, 2002, Plaintiffs filed a Complaint in this Court. A true and correct copy of the Complaint is attached hereto and made a part hereof. 2. As averred in the Complaint, Defendant does not have a license nor franchise to sell new Chevrolet vehicles from any location in the Commonwealth of Pennsylvania. 3. As averred in the Complaint, Defendant, in violation of Pennsylvania statutory law and its franchise agreement, is expected to send new Corvette inventory and sales personnel to Carlisle, Pennsylvania to display, offer to sell or sell new Chevrolet Corvettes at the "Corvettes at Carlisle" event held at the Carlisle Fairgrounds, resulting in incalculable harm and loss to Plaintiffs. 4. Plaintiffs have a substantial likelihood of success on the merits of their claim against Kerbeck as Kerbeck's conduct is in violation of Pennsylvania law and in violation of its agreement with General Motors, which does not authorize the sale of new vehicles from a location in Pennsylvania. 5. For the reasons stated in the Complaint, unless Defendant is enjoined from violating Pennsylvania statutory law and its franchise agreement, Plaintiffs will be irreparably harmed by: (a) Loss of customers to an out-of-state competitor of Plaintiffs; (b) Loss of confidence and trust of customers, loss of goodwill and loss of business reputation; and (c) Present economic loss, which is uncertain at this time, and future economic loss, which is presently incalculable. 6. For the reasons stated in the Complaint, unless Defendant is enjoined from violating Pennsylvania statutory law and its franchise agreement, the buying public will be at risk as they may purchase a new automobile from an unlicensed, out of state automobile dealer, over which the State Board of Vehicle Manufacturers, Dealers and Salespersons has little authority. 7. The issuance of an injunction will not unfaidy prejudice Defendant, as Defendant is not licensed and otherwise authorized to sell new automobiles in Pennsylvania. 8. The balancing of the equities favors the issuance of an injunction against Kerbeck as Kerbeck has no legal right to physically participate in the Event by sending new Corvette inventory and sales personnel to display, offer to sell or sell any new Chevrolet Corvette vehicles from a location in the Commonwealth of Pennsylvania. 9. Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiffs respectfully request that this Court order and decree that a preliminary injunction issue to enjoin and restrain Defendant, pending trial on the merits, from: Sending new Corvette inventory and sales personnel to display, offer to sell or sell any new Chevrolet Corvette vehicles at the "Corvettes at Carlisle" event held at the Carlisle Fairgrounds, until it has procured a license to do so from the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons and a manufacturers agreement from General Motors. McNEES, WALLACE & NURICK Lawrence R. Wieder Attorney I.D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone 717 237-5229 Attorneys for Plaintiffs Dated: AugustJ~, 2002 hUG-14-2002 NED 08:lO,~M Ph ~UTO h$$OOIhTI©H FhX NO, + P, 08 VERIFICATION Subject to the penalties of 18 Pa. C.S. ,~4904, relating to unsworn falsification to authorities, I hereby certify that I am "~$~o~ ~T-Lt FI= of Sutliff Chevrolet Company. As such, I have read the foregoing document and the facts set forth therein are true and correct to the best of my knowledge, information and belief, r- r- Dated: August ~_..~', 2002 08/i4/2002 I5:33 7173928260 FAULKNER LANO OBIS PAGE 08 VERIFICATION Subject to the penalties of 18 Pa. C.S, §4g04, relating to unswom falsification to authorities, I hereby certify that I am 'v'[ e.~ [:~ue~=,~-~- of Faulkner Chevrolet Inc. As such, I have reed the foregoing document and Ihe facts set forth therein are true and c, orre~ to the best of my krtowledge, information and belief. Dated: August __, 2002 SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, V. KERBECK CADILLAC CHEVROLET t/d/b/a KERBECK CORVETTE, 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 i,, the following pages, you must take action within twenty (20) ~ays after this complainl and notice are served, by entering a written appearance personally or by attorney anti filing in writing with the court your defenses or objections to the claims set forth a.qains you. You are warned that if you fail to do so the case may proceed without you and ;, 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 LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THF OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 McNEES, WALLACE & NURICK Lawrence R. Wieder Attorney I.D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone 717 237-5229 Attorneys for Plaintiffs Dated: August J-~, 2002 SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, V, KERBECK CADILLAC CHEVROLET t/d/b/a KERBECK CORVETTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. COMPLAINT Plaintiffs Sutliff Chevrolet Company and Faulkner Chevrolet, Inc., by their counsel McNees Wallace & Nurick LLC, bring this Complaint for injunctive relief against Defendant Kerbeck Corvette and in support thereof, say as follows: 1. Plaintiff Sutliff Chevrolet Company ("Sutliff") is a Pennsylvania corporation, with its principal place of business at 13~ and Paxton Streets, Harrisburg, Pennsylvania. 2. Plaintiff Faulkner Chevrolet, Inc. ("Faulkner"), is a Pennsylvania corporation, with its principal place of business at Harrisburg Pike and President Avenue, Lancaster, Pennsylvania. 3. Defendant Kerbeck Cadillac Chevrolet, trading and doing business as Kerbeck Corvette ("Kerbeck"), is believed to be a New Jersey business enterprise whose principal place of business is at 430 N. Albany Ave, Atlantic City, NJ 04801. True and correct copies of portions of advertising literature from its web page, indicating its name and address are attached hereto as Exhibits "A" and "B". 4. Venue is proper in this county as Kerbeck has, in the past, conducted business in this county and the conduct sought to be enjoined is to occur in this county. 5. The sale of all automobiles in the Commonwealth of Pennsylvania is regulated by the Pennsylvania Board of Vehicles Act, 63 Pa.C.S.A. § 818.1 et. seq. ("the Act"). 6. To obtain a license to buy, sell or exchange new automobiles in the Commonwealth of Pennsylvania, automotive dealers are required to conform to the mandates of the of Act. 7. Section 818.5(a) of the Act provides as follows: § 818.5. License to engage in business (a) License required.-- (1) To promote the public safety and welfare, it shall be unlawful for any person to engage in the business as a salesperson, dealer, branch lot, wholesale vehicle auction, public or retail vehicle auction, manufacturer, factory branch, distributor, distributor branch, factory representative or distributor representative within this Commonwealth unless the person has secured a license as required under this act. (emphasis added) (2) A person, including, but not limited to, salespersons, shall not engage in the business for his own benefit or profit unless he is licensed in accordance with this act. (emphasis added) (3) ^ person shall not act as, offer to act as or hold himself out to be a broker in the advertising, buying or selling of any new or used vehicle. 8. Plaintiffs are licensed by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons to buy, sell or exchange new vehicles at their principal places of business in Pennsylvania. 9. Kerbeck is not licensed by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons, to buy or sell new vehicles in the Commonwealth of Pennsylvania. 10. Plaintiffs hold written franchise agreements with General Motors Corporation ("General Motors") to sell new Chevrolets from their principal places of business in Pennsylvania. 11. To obtain a franchise agreement with General Motors, Plaintiffs were required and continue to be required to conform to the mandates of their Dealer Sales and Service Agreement, as well as other agreements required by General Motors. 12. Kerbeck does not hold a franchise with General Motors to sell new vehicles from any location in Pennsylvania. 13. Section 818.19 of the Act provides as follows: § 818.19. Grounds for disciplinary proceedings (11) Being a dealer or broker who advertises or otherwise holds out to the public that he is selling new vehicles for which he does not hold a franchise agreement in writing with a manufacturer or distributor giving the dealer authority to sell the particular line-make of new vehicles. (12) Being a dealer or broker who sells new vehicles for which he does not hold a franchise agreement in writing with a manufacturer or distributor giving the dealer authority to sell the particular line-make of new vehicles. (14) Engaging in the business for which such licensee is licensed without at all times maintaining an established place of business as required. (15) Employing any person as a salesperson who has not been licensed as required. (26) Violating any provision of this act. (27) Being an unlicensed salesperson, dealer, vehicle auction, branch lot, manufacturer or any other person or business where a license is required under this act. 14. Section 818.29 of the Act permits any person who is or may be injured by a violation of a provision of the Act to bring an action for damages and equitable relief, including injunctive relief. 15. An entity known as "Carlisle Events" is in the business of promoting automobile shows at the Cadisle Fairgrounds, in Carlisle, Cumberland County, Pennsylvania. 16. Carlisle Events has advertised and continues to advertise an event (hereinafter the "Event") entitled "Corvettes at Carlisle." The Event is to be held at the Carlisle Fairgrounds on August 23-25, 2002. True and correct copies of internet advertising for the Event are attached hereto as Exhibits "C" and "D." 17. "Corvette" is a line make of Chevrolet, a General Motors subsidiary. 18. Kerbeck advertises that it has been the "#1 World's largest Corvette dealer 1994 thru 2001 model years." A true and correct copy of that advertising is attached hereto as Exhibit "E". 19. .At times in the past, Kerbeck has participated in the Event by sending new Corvette inventory and sales personnel to display, offer for sale and sell new Corvettes. 20. Plaintiffs reasonably believe and aver that, unless otherwise enjoined, Kerbeck will send new Corvette inventory and sales personnel to this year's Event to display, offer for sale and sell new Corvettes. 21. The provisions of 63 P.S. § 818.32(c), which permit new car dealers to attend and participate in certain vehicle shows and exhibitions are inapplicable as Kerbeck does not meet the requirements set forth therein. 22. The conduct of Kerbeck in physically participating in the Event by sending new Corvette inventory, salespersons, displaying, offedng for sale and selling new Corvettes is in violation of the Act as (1) Kerbeck is not licensed to sell vehicles in the Commonwealth of Pennsylvania and (2) Kerbeck does not have a Chevrolet franchise to sell new Chevrolet vehicles from a location in the Commonwealth of Pennsylvania. 23. The conduct of Kerbeck in physically participating in the Event by sending new Corvette inventory, salespersons, displaying, offering for sale and selling new 4 Corvettes is in violation of its Sales and Service Agreement and other agreements, which General Motors requires for all franchised automobile dealers. 24. Plaintiffs will be irreparably harmed by the aforementioned conduct of Kerbeck as Plaintiffs have made enormous commitments to enable them to sell new Corvettes in Pennsylvania in compliance with the Act and their agreements with General Motors. 25. Unless Kerbeck is enjoined from selling new vehicles at the Event, Plaintiffs will lose an unknown number of customers to Kerbeck, an out of state automobile dealer, who is illegally competing in Pennsylvania. 26. Unless Kerbeck is enjoined from selling new vehicles at the Event, the buying public will be at risk as they may purchase a new automobile from an unlicensed, out of state automobile dealer, over which the State Board of Vehicle Manufacturers, Dealers and Salespersons has little authority. 27. The issuance of an injunction will not unfaidy prejudice Kerbeck, as Kerbeck is not licensed and otherwise authorized to sell new automobiles in Pennsylvania. 28. The balancing of the equities favors the issuance of an injunction against Kerbeck as Kerbeck has no legal right to physically participate in the Event by sending new Corvette inventory, salespersons, displaying, offering for sale and selling new Corvettes. 29. Unless Kerbeck is preliminary and permanently enjoined from violating the Act and its agreements with General Motors, Sutliff and Faulkner will be irreparably harmed by the loss of customers and good will. 30. Unless Kerbeck is preliminary and permanently enjoined from violating the Board of Vehicles Act and its agreements with General Motors, the public interest will be harmed as Kerbeck's conduct will invite others to violate Pennsylvania law as well. 31. Plaintiffs have no adequate remedy at law. WHEREFORE, Plaintiffs Sutliff Chevrolet Company and Faulkner Chevrolet, Inc., respectfully request that this Court order and decree that Defendant be enjoined and restrained, preliminarily and permanently, from: Sending new Corvette inventory and sales personnel to display, offer to sell or sell any new Chevrolet Corvette vehicles at the "Corvettes at Carlisle" event held at the Cadisle Fairgrounds, until it has procured a license to do so from the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons and a manufacturers agreement from General Motors. Dated: August I~', 2002 McNEES, WALLACE & NURICK Lawrence R. Wieder Attorney I.D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone 717 237-5229 Attomeys for Plaintiffs ~ITG-14-2002.NED 08:]0 8M P~ ~UTO ~SSOOI~TION F~X NO, + P, 07 VERIFICATION Subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities, I hereby certify that I am '~'"~S ~o~+ ~td T-~_ i.~('- of Sutliff Chevrolet Company. AS such, I have read the foregoing document and the facts set forth therein are true and correct to the best of my knowledge, information and belief. Dated: August I~, 2002 08/14/2002 15:33 7173928268 FAULKNER LANC OBIS PAGE 07 VERIFICATION Subject to the penalties of 18 Pa, C.8. ~4904, relating to unswom falsification to authorffies, lherebycertifythatlarn v~r*,, ~afc,~,T- of FaulknerChevrolet ]nc. As such, I have read the foregoing document and the facts set forth therein are tTue and correct to the best of my knowledge, information and belief. Dated: August ,~-, 2002 #1W ' ' ' . orld s barge~t CorVette Dealer -- Corvette shies by Kerbeck -- Atlantic'City, New. Jer... Page 1 of 1 Here's the Proof- _P. rice& Spec - 2~002 I'nventory - Preowned Co~'ettes - __0002 Color Selector ~ _Kerbeck Simwroom Kerbeck Collection ~ Shop 11 Franchises- ~Museum Delivery- Di~rection~s- Email Us ~ Home # 1 World's L~rgest Corvette Dealer -- Corvette shies by Kerbeck -- Atlantic'City, New. Jer... Page 1 of 3 Maps & Directions to Kerbeck's One third of the entire nation's population is less than a days drive to Atlantic city! Kerbeck Corvette~430 iV. Albany Ave.~Atlantic City, NJ 08401 1-800-578-3883 ~ 1-609-344-2100 Please call for exact door-to-door directions! Exhibit "B" Carlisle Events : Page 1 of 1 Carlisle Events is the world's largest promoter of collector car shows and swap meets. Each year we welcome nearly one-half-million people to our dedicated 82-acre facility, the Carlisle Per~nsylvania Fairgrounds. Our central location -.iust three miles t?om both Interstate 81 and the Pennsylvania Turnpike -makes us less than a day's drive for 60 percent of the U.S. population. Our mix of 10 automotive events covers the entire spectrum of collector vehicles - from Corvettes to mini-pickups - and attracts pat.ticipants fi'om all 50 states and dozens of countries around the world. Why do they come? To purchase cm's. parts, memorabilia, toys and anything that's automotive related. To see special show- and concept cars from Ford. General Motors. DaimlerChrysler and other manufactures? and to meet their top designers, engineers and executives. 'D~e whole automotive world comes to Carlisle. home Corvettes at Carlisle' Page 1 of 1 CARLZSLE PA FATRGROUNDS Sprinq Carlisle Carlisle Custom Compact Nationals Import-Kit/Replicar Nationals Ali-FORD Nationals Antiques & Collectibles AII-GH Nationals Ali-Truck Nationals Ali-Chrysler Nationals Summer Carlisle Carlisle Summer Bike Fest Corvettes at Carlisle Fall Carlisle Emall Us! MECUM Reqlster Event Activitle~s 2002 Give-Away Schedule Vote for your favorite Corvette SDonsorshiD OpDortunities Parking/Camping Home Feature~ Directions/Hotel Media Site Vendor Tnfo 20 AUGUST 23-25 RESTORATION CI~L~RRATION CORVETTE'S 1953 Corvette to be auctioned for charity. Coming to Corvettes at Carlisle... 1963 Sting Ray that the GM Staff built for Harley Earl Click to see what else is haD0enin_al For more information call (717) 243-7855 Exhibit "D" #1 World's L?gest Corvette Dealer -- Corvette shies by Kerbeck -- Atlantic'City, Nev~ Jer... Page 1 of 1 STEPHANIE JANE RANFT and ERROL THEODORE RANFT, PLAINTIFFS VS. CARRIE LYNN DOHERTY, STEPHEN SHAWN MORGAN and SANDRA JANE BASEHORE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBEI~LAND COUT~TY, PENNSYLVANIA NO. 02-3893 CML TERM CIVIL ACTION - LAW ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY Plaintiffs are STEPHANIE JANE RANFT and ERROL THEODORE RANFT (hereinafter known as "Aunt and Uncle") who currently reside at 212 North King Street, Leesburg, Virginia, 20176. First Defendant is CARRIE LYNN DOHERTY (hereinafter known as "Mother") who currently resides at 504 Fourth Street, Apmtment B, New Cumberland, Cumberland County, Pennsylvania, 17070. Second Defendant is STEPHEN SHAWN MORGAN (hereinafter known as "Father") who currently resides at 27 West Coover Street, Apartment B, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Third Defendant is SANDRA JANE BASEHORE (hereinafter known as "Grandmother') who currently resides at 134 Lancaster Boulevard, Mechardcsburg, Cumberland County, Pennsylvania, 17055. ALLISON MARIE MORGAN (hereinafter known as "Allison"), bom on October 31, 1994, is the natural child of Mother, CARRIE LYNN DOHERTY, and Father, STEPHEN SHAWN MORGAN, the natural grandchild of Grandmother, SANDRA JANE BASEHORE, the natural niece of Aunt and Uncle, STEPHANIE JANE RANFT and ERROL THEODORE RANFT, and is the subject of this Stipulation for Agreed Order of Custody. It is Mother, Father, Grandmother, and Aunt and Uncle's belief that it is in the best interests of this minor child to have a meaningful ongoing relationship with Mother, Father, Grandmother, and Aunt and Uncle provided the child is in a safe environment. WHEREFORE, Plaintiffs, STEPHANIE JANE RANFT and ERROL THEODORE RANFT, and Defendants, CARRIE LYNN i)OHERTY, STEPHEN SHAWN MORGAN and SANDRA JANE BASEHORE have entered into a mutual agreement regarding the custody of the child, ALLISON MARIE MORGAN, and respectfully request this Honorable Court to enter the following order: 1. Aunt and Uncle, STEPHANIE JANE RANFT and ERROL THEOI)ORE RANFT, shall have Full Legal Custody of the minor child, ALLISON MARIE MORGAN. Legal custody being defined as the legal right to make major decisions affecting the upbringing of the child, including, but not limited to, medical, religions and educational decisions. In ail decisions including, but not limited to, the aforementioned types of decisions, the parties have agreed Aunt and Uncle shall have the primary decision-making ability for the minor child. Nevertheless, Aunt and Uncle have agreed they shall seek input from Mother, Father and Grandmother regarding these types of decisions and shall consider these individuals' input when making any major decisions for Allison. Aunt and Uncle have also agreed to provide Mother, Father and Grandmother with info~a~ation in a timely manner regarding these decision-making circumstances in Allison's life. 2. Aunt and Uncle shall have Primary Physical Custody and Mother, Father and Grandmother shall share Partial Physical Cnstody of the child, ALLISON MARIE MORGAN. 3. Mother, Father and Grandmother may contact Aunt and Uncle to schedule visitation with Allison for any periods of time they are traveling and will be in the area of Leesburg, Virginia. 4. Aunt and Uncle shall cooperate with Mother, Father and Grandmother to make Allison available for periodic weekend visits during the school year as mut~mlly agreed upon by the parties. Additionally, Mother, Father and Grandmother shall each have the ability to request one to two (1-2) weeks of visitation during Allison's summer vacation from school as mutually agreed upon by the parties. 5. Aunt and Uncle agree to keep Mother, Father and Grandmother fully aware and informed of any successes, difficulties, activities, emergencies, etc. in which Allison becomes involved. 6. The parties agree to share holidays as mutually agreed upon by the parties. 7. The parties agree Aunt and Uncle shall have primary responsibility for Allison financially, for medical insurance, health care and her education. 8. The parties agree Aunt and Uncle and Grandmother shall share equally the income tax deduction for Allison for 2002 and Aunt and Uncle shall have the income tax deduction for Allison beginning 2003. 9. Aunt and Uncle agree they shall not seek any child support from Mother and Father. 10. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by all parties. WITNESSES: ERRO~THEODORE~N'FT ' COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF ~ ~'13o~x\c~x~ : On this, the [~'P~' day of ~ k_~ ,2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the un~lersigned officer, personally appeared STEPHANIE JANE RANFT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public(~ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF C t~ e~ \o.x~c~ : On this, the (Oc~, day of ~,~ ,2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the un/tersigned officer, personally appeared ERROL THEODORE RANFT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. My Commission Expires:~-~ c[~t.)O ~ NotsrisJ Seal ,._~_K~:md. y R. Hartford, Notary Public my mmmon expires Apr. 4, 2005 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CU_x~Voe~\ c~c~ : On this, the Iq?x day of ~ ,2002, before me, a Notary Public for the Commonwealth of Pennsylvania, the un~lersigned officer, personally appeared CARRIE LYNN DOHERTY known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein containeck IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Publi'c~ My Commission Expires:G~LO ct.~egOOS' Notarial Seal Kimbedy R. Hanford, Notary PuOlic MlleltaaeM:m~ Bom, Cumberland County My Commission Expires Apr. 4, 2005 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF ~ t~v~x~e_c\ C~xxc~ : SS: this, the [/k~-x'' day or ~ ,2002, before me, a Notary Public for On the Commonwealth of Pennsylvania, the uhdersigned officer, personally appeared STEPHEN SHAWN MORGAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Publi~ My Commission Expires: I Han~ord, Notav/Pu~#o [ COMMON-WEALTH OF PENNSYLVANIA : : SS: COUNTY OF C [xv~ckcxx'xc~ : mt_his, the [~x dayof ~,~4x~ ,2002, beforeme, a Notary Public for the Commonwealth of Pennsylvania, the ur~clersigned officer, personally appeared SANDRA JANE BASE}tORE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC., Plaintiffs, KERBECK CADILLAC PONTIAC, INC., d/b/a KERBECK CADILLAC CHEVROLET Defendant. CIVIL ACTION - EQUITY NO. 02--3883 TO: NOTICE OF FILING OF NOTICE OF REMOVAL FILED ON BEHALF OF DEFENDANT KERBECK CADILLAC PONTIAC, INC. Office of the Prothonotary Cumberland County 2 Liberty Avenue Carlisle, PA 17013 You are hereby notified, pursuant to 28 U.S.C. § 1446(d), that on August 19, 2002, Defendant Kerbeck Cadillac Pontiac, Inc. filed a Notice of Removal of the above action fi.om the Court of Common Pleas of Cumberland County to the United States District Court for the Middle District ofPennsylania. A copy of the Notice of Removal is attached. Respectfully Submitted, Joseph C. Craw~l~.D. No. 3084~) Mark S. Stewart (I.D. No. 75958) Kynya V. Manning (I.D. No. 87963) 1650 Arch Street, 22nd Floor Philadelphia, PA 19103 (215) 977-2000 LLP Attomeys for Defendant Dated: Augus~9,2002 DSB:868142.1/KER011-004676 ! :CV IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC., Plaintiffs, Vo KERBECK CADILLAC PONTIAC, INC., dfo/a KERBECK CADILLAC CHEVROLET Defendant. CIVIL ACTION REMOVED FROM THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. HARRISBURg, PA NOTICE OF REMOVAL ON BEHALF OF DEFENDANT KERBECK CADII,I,AC PONTIAC, INC. Pursuant to Title 28, United States Code, Section 1446, Defendant Kerbeck Cadillac Pontiac, Inc. d/b/a Kerbeck Cadillac Chevrolet ("Kerbeck") removes SutliffChevrolet Co. and .Faulkner Chevrolet, Inc. v. Kerbeck Cadillac Chevrolet. No. 02-3883 (Cumberland County Court of Common Pleas), to the United States District Court for the Middle District of Pennsylvania. In support of this Notice of Removal, Kerbeck relies on the following grounds: DSB:868082.1/KER011-004676 8. Under applicable legal principles governing actions seeking equitable relief, the amount in controversy in this case exceeds $75,000.00, exclusive of interests and costs. 9. This Court thus has jurisdiction over this action pursuant to Title 28, United States Code, Section 1332 in that the parties are citizens of different states and the amount in controversy is in excess of $75,000. 10. The Middle District of Pennsylvania is the proper district for removal from the Cumberland County Court of Common Pleas..See 28 U.S.C. § 1441 (a). WHEREFORE, Kerbeck Cadillac Pontiac, Inc. request that this Court assume jurisdiction over this civil action pursuant to Title 28, United States Code, Section 1441. WOLF, BLOCK, SCHORR AND SOLIS-COHEN, LLP Joseph C. Crawford (I.D.~ Mark S. Stewart (I.D. No. 75958) Kynya V. Manning (I.D. No. 87963) 1650 Arch Street, 22na Floor Philadelphia, PA 19103 (215) 977-2000 Attorneys for Defendant DSB:868082. I/KER011-004676 -3- VERIFICATION I, Kynya V. Manning, verify that I am an attorney for Defendant Kerbeck Cadillac Pontiac, Inc., and that the facts in the foregoing Notice of Removal are true and correct to the best of my knowledge, information and belief. I verify under penalty of perjury that the foregoing is true and correct. Date: August 19, 2002 DSI~:868082.1/KER0114)04676 -4- Exhibit A Ru~ 19 02 12:15p KERBECK CRDILLRC 6083444105 p 21 SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, Vo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY KERBECK CADILLAC CHEVROLET t/d/b/a KERBECK CORVETTE, : NO. Defendant : 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 entedn.q a wdtten appearance personally or by attorney and filing in wdtin.q 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 iudgment 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 impodant 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 17013 800-990-9108 McNEES, WALLACE & NURICK By ~ Lawrence R. Wieder Attorney I.D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone 717 237-5229 A#omeys for Plaintiffs Dated: August ~.5,2002 Ru~ 19 02 12:05p KERBECK CRDILLRC S093444105 p.3 SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY KERBECK CADILLAC CHEVROLET t/d/b/a KERBECK CORVETTE, · NO. Defendant : COMPLAINT Plaintiffs Sutliff Chevrolet Company and Faulkner Chevrolet, Inc., by their counsel McNees Wallace & Nudck LLC, bring this Complaint for injunctive relief against Defendant Kerbeck Corvette and in support thereof, say as follows: 1. Plaintiff Sutliff Chevrolet Company ("Sutliff") is a Pennsylvania corporation, with its principal place of business at 13th and Paxton Streets, Harrisburg, Pennsylvania. 2. Plaintiff Faulkner Chevrolet, Inc. ("Faulkner"), is a Pennsylvania corporation, with its principal place of business at Harrisburg Pike and President Avenue, Lancaster, Pennsylvania. 3. Defendant Kerbeck Cadillac Chevrolet, trading and doing business as Kerbeck Corvette ("Kerbeck"), is believed to be a New Jersey business enterprise whose principal place o1" business is at 430 N. Albany Ave, Atlantic City, NJ 04801. True and correct copies of portions of advertising literature from its web page, indicating its name and address are attached hereto as Exhibits "A" and "B". 4. Venue is proper in this county as Kerbeck has. in the past, conducted business in this county and the conduct sought to be enjoined is to occur in this county. 5. The sale of all automobiles in the Commonwealth of Pennsylvania is regulated by the Pennsylvania Board of Vehicles Act, 63 Pa.C.S.A. § 818.1 et. seq. ("the Act"). Ru~ 19 O~ ~:05p KER~ECK CRDILLRC ~093~105 P-~ 6. To obtain a license to buy, sell or exchange new automobiles in the Commonwealth of Pennsylvania, automotive dealers are required to conform to the mandates of the of Act. 7. Section 818.5(a) of the Act provides as follows: § 818.5. License to engage in business (a) License required.- (1) To promote the public safety and welfare, it shall be unlawful for any person to engage in the business as a salesperson, dealer, branch lot, wholesale vehicle auction, public or retail vehicle auction, manufacturer, factory branch, distributor, distributor branch, factory representative or distributor representative.within this Commonwealth unless the person has secured a license as required under this act. (emphasis added) (2) A person, including, but not limited to, salespersons, shall not engage in the business for his own benefit or profit unless he is licensed in accordance with this act. (emphasis added) (3) A person shall not act as, offer to act as or hold himself out to be a broker in the advertising, buying or selling of any new or used vehicle. 8. Plaintiffs are licensed by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons to buy, sell or exchange new vehicles at their principal places of business in Pennsylvania. 9. Kerbeck is not licensed by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons, to buy or sell new vehicles in the Commonwealth of Pennsylvania. 10. Plaintiffs hold written franchise agreements with General Motors Corporation ("General Motors") to sell new Chevrolets from their principal places of business in Pennsylvania. 2 Ru~ 19 02 12:Oep KERBECK CRDILLRC 6093444105 p.5 11. To obtain a franchise agreement with General Motors, Plaintiffs were required and continue to be required to conform to the mandates of their Dealer Sales and Service Agreement, as well as other agreements required by General Motors. 12. Kerbeck does not hold a franchise with General Motors to sell new vehicles from any location in Pennsylvania. 13. Section 818.19 of the Act provides as follows: § 818.19. Grounds for disciplinary proceedings (11) Being a dealer or broker who advertises or otherwise holds out to the public that he is selling new vehicles for which he does not hold a franchise agreement in writing with a manufacturer or distributor giving the dealer authority to sell the particular line-make of new vehicles. (12) Being a dealer or broker who sells new vehicles for which he does not hold a franchise agreement in wdting with a manufacturer or distributor giving the dealer authority to sell the particular line-make of new vehicles. (14) Engaging in the business for which such licensee is licensed without at all times maintaining an established place of business as required. (15) Employing any person as a salesperson who has not been licensed as required. (26) Violating any provision of this act. (27) Being an unlicensed salesperson, dealer, vehicle auction, branch lot, manufacturer or any other person or business where a license is required under this act. 14. Section 818.29 of the Act permits any person who is or may be injured by a violation of a provision of the Act to bring an action for damages and equitable relief, including injunctive relief. 15. An entity known as "Carlisle Events" is in the business of promoting automobile shows at the Carlisle Fairgrounds, in Cafliste, Cumberland County, Pennsylvania. Ru~ 1~ 02 12:0ap KERBECK CRDILLRC 6083444105 p.a 16. Carlisle Events has advertised and continues to advedise an event (hereinafter the "Event") entitled "Corvettes at Carlisle." The Event is to be held at the Carlisle Fairgrounds on August 23-25, 2002. True and correct copies of internet advertising for the Event are attached hereto as Exhibits "C" and "D." 17. "Corvette" is a line make of Chevrolet, a General Motors subsidiary. 18. Kerbeck advertises that it has been the "#1 Wodd's largest Corvette dealer 1994 thru 2001 model years." A true and correct copy of that advertising is attached hereto as Exhibit 'E". 19. At times, in the past, Kerbeck has participated in the Event by sending new Corvette inventory and sales personnel to display, offer for sale and sell new Corvettes. 20. Plaintiffs reasonably believe and aver that, unless otherwise enjoined, Kerbeck will send new Corvette inventory and sales personnel to this year's Event to display, offer for sale and sell new Corvettes. 21. The provisions of 63 P.S. § 818.32(c), which permit new car dealers to attend and participate in certain vehicle shows and exhibitions are inapplicable as Kerbeck does not meet the requirements set forth therein. 22. The conduct of Kerbeck in physically participating in the Event by sending new Corvette inventory, salespersons, displaying, offering for sale and selling new Corvettes is in violation of the Act as (1) Kerbeck is not licensed to sell vehicles in the Commonwealth of PennsyJvania and (2) Kerbeck does not have a Chevrolet franchise to sell new Chevrolet vehicles from a iocation in the Commonwealth of Pennsylvania. 23. The conduct o~' Kerbeck in physically participating in the Event by sending new Corvette inventory, salespersons, displaying, offering for sale and selling new .,Au~ lS 02 12:oep K£RB£CK CADILLAC eosa4441o5 Corvettes is in violation of its Sales and Service Agreement and other agreements, which General Motors requires for all franchised automobile dealers. 24. Plaintiffs will be irreparably harmed by the aforementioned conduct of Kerbeck as Plaintiffs have made enormous commitments to enable them to sell new Corvettes in Pennsylvania in compliance with the Act and their agreements with General Motors. 25. Unless Kerbeck is enjoined from selling new vehicles at the Event, Plaintiffs will lose an unknown number of customers to Kerbeck, an out of state automobile dealer, who is illegally, competing in Pennsylvania. 26. Unless Kerbeck is enjoined from selling new vehicles at the Event, the buying public will be at risk as they may purchase a new automobile from an unlicensed, out of state automobile dealer, over which the State Board of Vehicle Manufacturers, Dealers and Salespersons has little authority. 27. The issuance of an injunction will not unfairly prejudice Kerbeck, as Kerbeck is not licensed and otherwise authorized to sell new automobiles in Pennsylvania. 28. The balancing of the equities favors the issuance of an injunction against Kerbeck as Kerbeck has no legal right to physically participate in the Event by sending new Corvette inventory, salespersons, displaying, offering for sale and selling new Corvettes. 29. Unless Kerbeck is preliminary and permanently enjoined from violating the Act and its agreements with General Motors, Sutliff and Faulkner will be irreparably harmed by the loss of customers and good will. .,Au~ 19 02 12:07p KERBECK CADILLAC $083444105 p.8 30. Unless Kerbeck is preliminary and permanently enjoined from violating the Board of Vehicles Act and its agreements with General Motors, the public interest will be harmed as Kerbeck's conduct will invite others to violate Pennsylvania law as well. 31. Plaintiffs have no adequate remedy at law. WHEREFORE, Plaintiffs Sutliff Chevrolet Company and Faulkner Chevrolet, Inc., respectfully request that Ibis Court order and decree that Defendant be enjoined and restrained, preliminarily and permanently, from: Sending new Corvette inventory and sales personnel to display, offer to sell or sell'any new Chevrolet Corvette vehicles at the "Corvettes at Carlisle" event held at the Carlisle Fairgrounds, unlJl it has procured a license to do so from the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons and a manufacturers agreement from General Motors. Dated: August IS, 2002 McNEES, WALLACE & NURICK Lawrence R. Wieder Attorney I.D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone 717 237-5229 Attomeys for Plaintiffs KERBECK CRDILLRC ~UG-14-2002 lIED 08:]0 Rll PR i~UTO RSSOCI~'I'ION FI~X I, t0. + p.9 VERIFICATION Subject to the penalties of 18 Pa. C.S. ~4904, relating to unswom falsification to authorities. I hereby certify that I am "~"~S~..PU-- ~'L i F~: of Sutliff Chevrolet Company. As such, I have read the foregoing document and the facts set forth therein are true and correct to the best of my knowledge, information and belief. Dated: August ~..~.~, 2002 . ~Ru~ 19 02 12:07p KERBECK CRDILLRC 6OS3444105 p.10 88/14/28;)2 15:33 7173928268 FAULK~R LANC OBIS P~E 07 V~RIPICATION Subject to the penaales of 18 Pa. C.S. ~4904, relating to unswom falsification to authorities, I hereby cerfifythat I ern _V ~c~, ~e~,~-~- _ of Faulkner Cl'tevmlet Inc. As such, I have read ~'e foregoing document and the facts set forttl ~erein are true and corre~ to the best of my knowledge, infon'natlon and belief, Dated: AUgUSt ~.~1-, 2002 Ru~ 19 02 12:07p K£RBECK CRDILLF)C 6093444105 #1 Wor}d's Largest Corvette Dealer - Corvette sales by Kerbcck -- Atlantic City, New Jer... Page 1 of l p.11 # I Here'S ~h¢ Pwof - Price & $~ec - 2002_ I~avgrttgry_' - Preowncd Con'e~tes .- 2002 Color Selector - Ko'beck ~howl'o(~nl ~¢rbeck CgllectJo0 -~,5OD I I Franchises ~ Museum Delivery - Directjt~ns ~ Email U~ - Home Rxhibit .,Ru~ 19 O~ l~:08p KERBECK CRDILLRC 60~3~105 #i World's Largest Corvette Dealer - Corvette sales by Kerbeck - Atlantic City, New Jet... Page 1 of 3 Maps & Directions to Kerbeck's One third of the entire nation's population is less than a days drive to Atlantic city! Kerbeck Corvette~430 iV. ~4lbany Ave.~Atlantic City, NJ 08401 1-800-578-3883 ~ 1-609-344-2100 Please call for exact door-to-door directions! Exhibit "B" Ru~ i~ 02 12:10p KERBECK CRDILLRC 6083444105 Carlisle Events Page I of 1 p.13 Carlisle Events is the world's largest promoter of collector car shows and sv,'ap meets. Each year we welcome nearly one-halt:million people to our dedicated 82.acre facJliLv, the Carlisle ?emtsylvania Fairgrounds. Our central location -just three miles from both Interstate 81 and Ihe Pen,usy.lvania Turnpike -makes us less than a day's drive for 60 percenl of the U.S. popolation. Our mi:,, of 10 aulomotive events covers the entire spectrum of collector vehictes - from Cor,,'enes to mini-pickups - and attracts participanls from all 50 s~ates and dozens ol'countries around the world. Why do they come? To purcllase cm.'s, parts~ memorabilia, toys and anything that's automotive related. ]'o see special show and concep~ cars from Ford. General Molors. DaimlerCh~:sler and other mamffacn~res, and to meet their top designers. engineers and exect~tives. The whole automotive world comes to Carlisle. home Ru~ 18 02 12:lOp KERBECK CRDILLRC Corvettes at Carlisle S083444105 Page 1 of I CARLISLE PA FAIRGROUNDS Sorina Carlisle Carlisle (~grnoact Nationals lmoort-Kit/Reolicar Nationals AlT-FORD Nationals Antiaues & Collectibles Ali-GM Nationals Ali-Truck Nationals Al_L-Chrysler Nationals Summer Carlisle Carlisle Summer Bike Fast Carvettes at Carlisle Fall Carlisle Reaister Event A~vitles 2002 Give-Away Evolution Disoisy Schedule Vote for your Soonsorshig ~poortunifles Parking/Camping Home Features Directions/Hotel Media Site Y_q~d~r ];nfo 2O AUGUST 23-25 CORVETrE'SI 1953 Cowette to be auctioned for charily. Coming to Corvettes at Carlisle... t963 Sting Ray that the GM Staff built for Harley Earl Click to see what else is h~ooeninal For more information call (7f7) 243-7855 Exhibit "D" Ru~ 18 O~ l~:llp K£RB~CK CSDILL/~C S083444105 ·wi World's Largest Corvette Dealer -- Corvette roles by Kerbeck -- Atlantic City, New Jer... Page 1 of 1 p.15 Exhibit B ~u~ 19 OZ tZ:13p KERBECK CRDILLRC 6093444105 p.1S SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, KERBECK CADILLAC CHEVROLET tJd/b/a KERBECK CORVEq-I'E, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY N©. PLAINTIFFS' VERIFIED MOTION FOR PRELIMINARY INJUNCTI(~[q :,, ~', Plaintiffs, by their attorneys, McNees, Wallace & Nurlck LLC, hereby move for issuance of a preliminary injunction, pending trial on the merits, pursuant to the provis- ions of Pa. R. Civ. P. 1531 and, in support of their Motion, aver as follows: 1. On August 15, 2002, Plaintiffs filed a Complaint in this Court. A true and correct copy of the Complaint is attached hereto and made a part hereof. 2. As averred in the Complaint, Defendant does not have a license nor franchise to sell new Chevrolet vehicles from any location in the Commonwealth of Pennsylvania. 3. As averred in the Complaint, Defendant, in violation of Pennsylvania statutory law and its franchise agreement, is expected to send new Corvette inventory and sales personnel to Carlisle, Pennsylvania to display, offer to sell or sell new Chevrolet Corvettes at the "Corvettes at Carlisle" event held at the Carlisle Fairgrounds, resulting in incalculable harm and loss to Plaintiffs. 4. Plaintiffs have a substantial likelihood of success on the merits of their claim against Kerbeck as Kerbeck's conduct is in violation of Pennsylvania law and in Rug 19 02 12:14p KERBECK CRDILLRC ~083444105 p.l? violation of its agreement with General Motors, which does not authorize the sale of new vehicles from a location in Pennsylvania. 5, For the reasons stated in the Complaint, unless Defendant is enjoined from violating Pennsylvania statutory law and its franchise agreement, Plaintiffs will be irreparably harmed by: (a) Loss of customers to an out-of-state competitor of Plaintiffs; (b) Loss of confidence and trust of customers, loss of goodwill and loss of business reputation; and (c) Present economic loss, which is uncertain at this time, and future economic loss, which is presently incalculable. 6. For the reasons stated in the Complaint, unless Defendant is enjoined from violating Pennsylvania statutory law and its franchise agreement, the buying public will be at risk as they may purchase a new automobile from an unlicensed, out of state automobile dealer, over which the State Board of Vehicle Manufacturers, Dealers and Salespersons has little authority. 7. The issuance of an injunction will not unfaidy prejudice Defendant, as Defendant is not licensed and otherwise authorized to sell new automobiles in Pennsylvania. 8. The balancing of the equities favors the issuance of an injunction against Kerbeck as Kerbeck has no legal dght to physically participate in the Event by sending new Corvette inventory and sales personnel to display, offer to sell or sell any new Chevrolet Corvette vehicles from a location in the Commonwealth of Pennsylvania. 9. Plaintiff has no adequate remedy at law. Ru~ 19 O~ 12:14p KERBECK CRDILLRC 6093444105 p.18 WHEREFORE, Plaintiffs respectfully request that this Court order and decree that a preliminary injunction issue to enjoin and restrain Defendant, pending trial on the merits, from:. Sending new Corvette inventory and sales personnel to display, offer to sell or sell any new Chevrolet Corvette vehicles at the "Corvettes at Carlisle" event held at the Carlisle Fairgrounds, until it has procured a license to do so from the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons and a manufacturers agreement from General Motors. McNEES, WALLACE & NURICK Lawrence R. Wieder Attomey I.D. No. 16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Phone 717 237-5229 Attorneys for P/aintiffs Dated: Augustl.~, 2002 3 Ru~ 19 02 12: 14p KERBECK CRDILLRC G093444105 - ,qlJO-14-2002 t4ED 08:10 ~,~ 76 ~,UTO ~qSSOO1P, TtO]'I FA~, l, iO. ~' p.18 I', Ut) VERIFICATION Subject to the penalties of 18 Pa. C.S. ~4904, relating to unsw(~m falsification to authorities, I hereby certify that ! am -~P[+ ~'c,'rLt FF _ of Sufl[ff Chevrolet Company. As such, I have read the fo~oi~ document a~ ~e facts set fo~ are true and ~ to the best of my knowledge, info~aS~ and Dated: August [~, 2002 Ru~ 19 02 12:lSp KERBECK CRDILLRC 60934441OS p.~O 08/14/2002 15:33 ?175528268 FAl~R ~ OBIS VER~FICA~ON Subjee~ to the penalties of 18 Pa. C.S. ~4g04, relating to unswom falslficatien to autllortfles, I hen=by certify that I am ~, ~.o_ ~ ~'t- of Faulkner Chevlx)le~ Inc. As suoh, I have teed ~e foregoing d~umertt and the facls ~et forth therein are true and corr~t to the best of my l~lov~-~ge, information anti t~ellef. Dated: August __. 2002 Exhibit C KERBECK CRDILLRC 6093444105 p.35 AUG 1 ZO0 ' SUTLIFF CHEVROLET COMPANY AND FAULKNER CHEVROLET, INC. Plaintiffs, Vo KERBECK CADILLAC CHEVROLET t/d/b/a KERBECK CORVETTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. PLAINTIFFS' BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION I. PROCEDURAL HISTORY This case was initiated by the filing of a Complaint on August 15, 2002. Accompanying the Complaint was Plaintiffs' Motion for Preliminary Injunction. This brief is submitted in support of Plaintiffs' Motion. II. FACTUAL HISTORY Plaintiffs are engaged in the business of selling new Chevrolet vehicles in south- central Pennsylvania. They are both licensed by the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons ("Vehicle Board") to buy, sell and exchange new vehicles at their principal places of business. Plaintiffs hold wdtten franchise agreements with General Motors Corporation ("General Motors") to sell new Chevrolets from their principal places of business. To obtain a franchise agreement with General Motors, Plaintiffs were required and continue to be required to conform to the mandates of their Dealer Sales and Service Agreements, as well as other agreements required by General Motors. Defendant Kerbeck Cadillac Chevrolet, trading and doing business as Kerbeck Corvette ("Kerbeck"), is believed to be a New Jersey business enterprise whose KERBECK CIVIl I LLRC G093444105 p.36 principal place of business is in Atlantic City, New Jersey. Kerbeck advertises that it has been the "#1 Wodd's largest Corvette dealer 1994 thru 2001 model years." Kerbeck is not licensed by the Vehicle Board to buy or sell new vehicles from any location in the Commonwealth of Pennsylvania. Neither does Kerbeck hold a franchise with General Motors to sell new vehicles from any location in Pennsylvania. An entity known as "Carlisle Events" is in the business of promoting automobile shows at the Carlisle Fairgrounds, in Carlisle, Cumberland County, Pennsylvania. Cadisle Events has advertised and continues to advertise an event (hereinafter the "Event") entitled "Corvettes at Carlisle." "Corvette" is a line make of Chevrolet, a General Motors subsidiary. In the immediate future, there will b~ an Event held at the Carlisle Fairgrounds on August 23-25, 2002. At times in the past, Kerbeck has participated in the Event by sending inventory and sales personnel to display, offer for sale and sell new Corvettes. At last year's Event, for example, Defendants sent approximately twenty new Corvettes to display, offer for sale and sell. Business cards were handed out and vehicles pdced for possible purchase by customers. Plaintiffs believe that Kerbeck intends to similarly send new Corvette inventory and sales personnel to this year's Event to display and promote the sale of new Corvettes. III. QUESTION PRESENTED WHETHER DEFENDANT SHOULD BE ENJOINED, PENDING TRIAL ON THE MERITS, FROM SENDING NEW CORVETTE INVENTORY AND SALES PERSONNEL TO DISPLAY, OFFER TO SELL OR SELL ANY NEW CHEVROLET CORVETTE VEHICLES AT THE EVENT. GO93~Z05 p.3'7 IV. ARGUMENT DEFENDANT SHOULD BE ENJOINED FROM SENDING NEW CORVETTE INVENTORY AND SALES PERSONNEL TO DISPLAY, OFFER TO SELL OR SELL ANY NEW C___.HEVROLET CORVETTE VEHICLES AT THE EVENT Ao PLAINTIFFS ARE LIKELY TO PREVAIL ON THE MERITS OF THEIR CLAIMS AS DEFENDANT WILL VIOLATE PENNSYLVANIA LAW RELATING TO THE SALE OF NEW AUTOMOBILES WITHIN THE COMMONWEALTH. 1. Defendant Is Not Licensed To Sell New Vehicles In The Commonwealth Of Pennsylvania. The sale of all automobiles in the Commonwealth of Pennsylvania is regulated by the Pennsylvania Board of Vehicles Act, 63 Pa.C.S.A. § 818.1 et. seq. ("the Act"). Section 818.5(a) of the Act provides as follows: § 818.5. License to engage in business (a) License required.-- (1) To promote the public safety and welfare, it shall be unlawful for any person to engage in the business as a salesperson, dealer, branch lot, wholesale vehicle auction, public or retail vehicle auction, manufacturer, factory branch, distributor, distributor branch, factory representative or distributor representative within this Commonwealth unless the person has secured a license as required under thieact. (emphasis added) (2) A person, including, but not limited to, salespersons, shall not engage in the business for his own benefit or profit unless he is licensed in accordance with this act. (emphasis added) (3) A person shall not act as, offer to act as or hold himself out to be a broker in the advertising, buying or selling of any new or used vehicle. The conduct of Kerbeck in physically participating in the Event by sending new Corvette inventory and salespersons to display, offer to sell or sell new Corvettes is in violation of the Act as Kerbeck is not licensed to sell new vehicles in the Commonwealth of Pennsylvania. · KERBECK CSDILLRC G083444105 ,Au~ 19 02 12:2Gp p.38 2. The Provisions of Section 818.32(c) Of The Act Do Not Apply To Defendant. Defendant may assert that it is permitted to participate in the Event because it is a public vehicle show under the provisions of 63 Pa. P.S. § 818.32(c). This position is erroneous because, while Section-818.32(c)'does set forth an exception permitting out-of-state dealers to participate in certain public vehicle shows, that exception only applies to shows where there are at least "50 or more new vehicle dealers" participating as exhibitors at the show. 63 P.S. § 818.32(c). The Event is not expected to have 50 or more new vehicle dealers participating as exhibitors. Additionally, the provisions of subsection (a) of Section 818.32(c) is inapplicable since it applies only to "any licensed dealer...." Defendant is not licensed in Pennsylvania. 3. Plaintiffs Have Standinq To Enforce The Act. Section 818.29 of the Act permits any person who is or may be injured by a violation of a provision of the Act to bring an action for damages and equitable relief, including injunctive relief. Plaintiffs will be harmed by the aforementioned conduct of Kerbeck as Plaintiffs have made enormous commitments to enable them to sell new Corvettes in central Pennsylvania in compliance with the Act and their agreements with General Motors. Further, Plaintiffs will lose an unknown number of customers to Kerbeck, an out of state automobile dealer, who is illegally competing in Pennsylvania. ~ _, ,Ru~ 19 02 12:26p KERBECK CRDILLRC eo934441os p.3e 4. Defendant's Conduct Is In Violation Of Its Franchise A~lreement. The conduct of Kerbeck in physically participating in the Event by sending new Corvette inventory and salespersons to display offer to sell or sell new Corvettes is in violation of its Sales and Service Agreement and other agreements, which General Motors requires for all automobile dealers. B. THE PUBLIC INTEREST FAVORS THE GRANT OF AN INJUNCTION. Unless Kerbeck is enjoined, the buying public will be at dsk as they may purchase an automobile from an unlicensed, out of state automobile dealer, over which the State Board of Vehicle Manufacturers, Dealers and Salespersons has little authority. Unless Kerbeck is preliminary and permanently enjoined from violating the Board of Vehicles Act and its agreements with General Motors, the public interest will be harmed as Kerbeck's conduct will invite others to violate Pennsylvania law as well. C. THE BALANCING OF HARMS FAVORS THE GRANT OF AN INJUNCTION. The issuance of an injunction will not unfairly prejudice Kerbeck, as Kerbeck is not licensed nor otherwise authorized to sell new automobiles in Pennsylvania. The balancing of the equities favors the issuance of an injunction against Kerbeck as Kerbeck has no legal right to physically participate in the Event by sending new Corvette inventory and salespersons to display, offer to sell and sell new Corvettes. D. PLAINTIFF WILL SUFFER IMMEDIATE AND IRREPARABLE HARM IF A PREUMINARY INJUNCTION IS NOT GRANTED. Equity may not refuse to exercise jurisdiction unless there exists an adequate remedy at law. ,Pennsylvania State Chamber of Commerce v. Torquato, 386 Pa. 306, 125 A.2d 755 (1956), cert denied, 352 U.S. 1024 (1957). The wisdom of exercising ..·Ru~ I9 02 12:~6p KERBECK CRDILL~C G0~3444105 p. 40 injunctive relief has long been recognized as the only adequate protection in matters of this type: The question raised in this case is not alone whether Plaintiff has a remedy at law ... but, whether in view of the facts it is an adequate one... [C]ourts now go further and inquire whether under the facts the remedy at law is not vexatiously inconvenient and whether it is certain as to be adequate to dght the wrong complained of. Gray v. Citizens' Gas Co., 206 Pa. 303, 305, 55 A. 988 (1903). No adequate remedy at law exists here and Plaintiff faces the risk of irreparable harm. Specifically, monetary relief is an inadequate remedy for several reasons. Plaintiffs face a substantial risk of harm to their reputation and goodwill through Defendant's conduct. Unless Kerbeck is enjoined from violating the Act and its franchise agreement with General Motors, Sutliff and Faulkner will face competition for sales in their geographic market from an unlicensed competitor who is free to disregard Pennsylvania laws, which otherwise are applicable to Plaintiffs. Additionally, the loss of customers and good will through this improper competition is immeasurable and irreparable. The very favorable reputations which have been built up by Plaintiffs are jeopardized by Defendant's conduct. This damage is impossible to calculate in monetary damages and mandates injunctive relief. Plaintiffs have no adequate remedy at law. ,, 18 02 I~:27p KERBECK CRDILLRC G093444105 _ , 8uc p.41 IV. CONCLUSION For the reasons set forth above, Plaintiffs request that their request for preliminary injunctive relief be granted and that Defendant be barred and enjoined from: Sending new Corvette inventory and sales personnel to display, offer to sell or sell any new Chevrolet Corvette vehicles at the "Corvettes at Carlisle" event held at the Carlisle Fairgrounds, until it has procured a license to do so from the Pennsylvania State Board of Vehicle Manufacturers, Dealers and Salespersons and a manufacturers agreement from General Motors. Dated: August J___~, 2002 McNEES~WALLACE & NURICK LLC Lawrence R. Wieder Attorney I.D. No.16707 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5229 Attorneys for Plaintiffs ·.Ruc 19 02 12:~?p KERBECK CRnILLRC G083444105 08/19/02 M0N 11:15 FA.~ 610 Z95 $695 GENERAL MOTORS PI{IL Z01VE ~]002 p.43 GENERAL MOTORS CORPORATION Vehi~e Sales, Sew{ce and Markeling - Nodheast Region 851 DuPortait Rd, Suite 210 Wayne, PA 19087 August 19, 2002 Mr George Kerbed~ Kerbeck CadBac, Chevrolet 430 N. Albany Ave. Aaantic City, NJ 08401 re: Corvettes at Carlisle - OflSite Approval Dear George: This letter confirms your request to display new Chevrolet vehicles at the 'Corvettes at Carlisle" event, being held in Carlisle, PA, 1000 Bryn Mawr Rd.. from August 23 through August 25, 2002, and authorizes Kerbecl( Cadillac-Chevrolet to participate in the event. The local Chevrolet dealer in Carlisle, Mr. Ead Rule, has beea contacted regarding your request, and will allow Kerbeck Chevrolet to participate in the event. However, it is his complete understanding that no sales activities will be conducted during this event. As well, your request indicated the same. Therefore, I ask Ihat you review these understandings with Kerbeck Chevrolet personnel present at the evenL tn addition, and in accordance with normal policies and procedures, please note the following: * This authorization is granted with the understanding that, at either the close of this special activity or August 25, 2002, whichever is earlier, dealer will discontinue all display activity at said temporary location. Dealer will, within 24 hours from end of show, remove all General Motors vehicles, identification, trademarks, etc., to the Dealership location at 430 N. Albany Ave., Atlantic Cily, NJ. · Dealer is solely responsible for c~mplying with applicable laws and regulations and will secure the necessary licenses ard assume liability for dealer's participation in the temporary exhibit. If you should have any q~Jestions, please do not hesitate to call, Douglas L. Henderson Zone Manager 851 DuPonail Rd, Suite 210, W~yne, PA 19087 Ph: (610) 296- 6698, Fx: (610) 296 - 6620 Ru~ 18 0~ l~:~Bp KERBECK 06/19/02 NON 11:15 FA.I 610 296 6695 Jun CRDILLRc 6093444105 GENEI~L liY~ORS I~iL ZONE P · ~003 p.44 Mail Original ~r F~x t~: General Motors Market Ama Mana<~r's Office Wfltt~n re6~n~ will be provided ragarding t~e r~quest Evmt Name: Lo,?ac, q: Street Addres,~: City, State & Zip: Names a~ I~on~ of any o~ ~lomohva Does dealer intend to conduct ahy sates act~i6es at Re ~ow or exhibit: Yes .oX Ob'er activities to be conducted by de, er personnel at Ire event: Number of C-:-:-:-:-:-:-:-:-:~neral Motors vehicles to be displayed by'dealer: ~ ~ ' * T~s ~za~ ~ gmnt~ w~ ~ un~d~g ~at, ~ ~r ~e c~ of ~ sp~ ~N~ or ~ ~ ~g date, whirr ~ ~Hi~, deale~ wgl ~ all de~emh~ ~a~ ~ s~ t~ I~tion. Oe~r w~, ~ 24 houm ~ ~d of s~. m~e aH ~ ~t~ ~S, ~ent~¢aU~. ~, ~., ~ ~ d=~h~ p~es Ib~ ~ ~ i~ De~ L~fion a~ Premiss ~d~dum ~e~t~ by Deaer ~d ~al ~. ~s~ ~cense(s) ~d ~ ~i~ f~ de,em' p~ in ~e ~mpora~ P~qC~.. 02 Aug 19 02 12:28p KERBECK CADILLAC 6093444105 p.45 SPONSORSHIP AGREEMENT PARTIF~ TO THE AGREEblINT: This a~nt is ~d into by ~d ~ C~lisle ~ucUons, ~c., a Pmylw~ia co~oration wi~ o~ces at I~ B~ ~a~ Roa~ ~lisle, ~l~?~.l~J3 ~ ref~ ~ ~ ~i~e), Kerbeck Chevrolet, a N~ ~ co~y ~ o~ces ~ ~ou ~o~ ~iy Argue, Atl~c Ci~, NJ, 0~01 (h~eina~ ref~d to ~ ~k). TERM OF THE AG~EM~ ~D ~OPE OF E~: The ~ of ~s a~t will ~ for Co~e~es at Car~ie scheduled for Au~ 23-~, 2002 ~d pm~ted ~ p~ of ~e 2001 ~e Ev~ show ~n at the C~lisle Fair~o~ in C~lisle, P~l~ia by C~lisle ~uc~o~, ~c. A ~h~ of e~nts is a~ched ~d id~fi~ Addendum A. Come,es at ~Hsle is ~ automo~ve ~i~ show ~d is h~fi~ mfe~d to as the evmt. SCOPE OF AGREEMENT: ~e re~ibili~es of~c ~es to ~is a~m~t ~ as follows: 1. Kerbeck shall be ~co~d ~ ~e s~nsor of all ~n~s pm~nted at ~e ~ent. 2. C~lislc will ~co~c K~beck as ~e s~finar s~or on thc event flier. 3. Carlisle will price ~ di~la~ a si~ with ~e K~b~k logo at the pfi~ se~nar location d~ng ~e event. 4. Carlisle will provide ~t (8) outdoor ven~ng ~aces for K~beek at t~ e~t in ~e Manufactu~r's Midway ~d show field ~m, ~ng a total of appro~tely fo~ (~) fbet of ~onm~ ~d six~ (60) feet of d~th. Carlisle will provide a tent for ~id ~ce. 5. Carlisle will pro,de ~ce for a Ker~ck auto,five ~on~ di~la~g new CoheRes d~g ~e event. ~n~ is to be in place at ~e event by 7:00 p.m. on ~sday, Au~st 22, 2002. 6. Carlisle will place a MI-page, fo~-color K~k adver~sement in the ~mt p~lication. Kerkck will pro,de the adveaisement according to the dea~ine ~d ~ifi~fions M Addendu~ A ~d B. 7. Carlisle will publish a K~beek ~onsor profile M ~e ev~t publication. ~k will ~de copy for ~s ~tive · at is approximately ~ (3) p~ap~ ~ less ~ ~o h~d fi~ (~) wor~ M len~ to C~lisle by ~e 21. 8. Carlsle will include K~ck M public ad~e~ ~ouncements du~ng ~ ev~t. K~ck <ll pm~de appropriate anno~cement copy ~t is ~0 words or less by ~e deadline in Addend~ ~ 10. Carlisle hereby ~ Ke~k ~e right to re~ eompeti~ve new Co~e~ ~ale= ~e p~vilege ofp~ch~ing exhibit space ~om Carlisle for ~e display and ~le of new Comettes. 11. K~beck has re~ew~ ~d agees to ~e temm in the a~ached Addendu~ ~st~ below. Kerbeek shall pay C~lisle a fee in the amo=t of $10,900.00 for the semites ~fmed herein. ~e l~e is payable in one installm~t as follows: I. $10,900.00 is due at ~ si~ing of this a~em~t or before April 30, 2~2. The pmies ~h~~eby si~ed below a~t ~e t~s and condi~ defined herein ~ for Kerbeck Jo~ ~r C~e ~a~ Date Attachments: Prepared: 1. Addendum A - Event Dates and Deadlines 2. Addendum B - Ad specifications 3. Addendum ¢ - Rules and Regulations JD/rs January 21, 2002 , . RuC 19 02 12:28p KERBECK CADILLRC 609344410S p.4G KERBECK 3une 12, 2002 Earl Schorpp II Rule Chevrolet Inc. Carisle, PA. Dear Earl, It's always a pleasure to speak with you on the telephone. Thank you so much for giving us the exclusive rights to come to Corvettes @ Carlisle to display our Corvettes this August. Enclosed please find Sincerely, our check as a small way to show our appreciation. _CERTIFICATE OF SERVICE I, Mark S. Stewart, hereby certify that on the date noted below I caused a true and correct copy of Notice of Removal on behalf of Kerbeck Cadillac Pontiac, Inc. to be served by first- class mail, postage prepaid, upon the following: Lawrence R. Wieder, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108~1166 Date: August 2~, 2002 Attorney for Plaintiffs DSB:868082. I/KER011-004676 -5- CERTIFICATE OF SERVICE I, Mark S. Stewart, hereby certify that on the date noted below I caused a true and correct copy of Notice of Filing of Notice of Removal on behaff of Kerbeck Cadillac Pontiac, Inc. to be served by first-class mail, postage prepaid, upon the following: Lawrence R. Wieder, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-I 166 Date: August~, 2002 Attorney for Plaintiffs Mark S. Stewart DSB:868142.1/KER011-004676