HomeMy WebLinkAbout01-1606 FX
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC.
Plaintiff
vs.
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ACTION IN EQUITY
JESSICA A. WILLIAMS,
Defendant
COMPLAINT IN REPLEVIN
1. Plaintiff herein is American General Finance, Inc., a
retailer financial services with a current office located at 6
south Hanover Street, Carlisle, Cumberland County, Pennsylvania
17013.
2. Defendant herein is Jessica A. Williams, an adult
individual currently residing at 5069 Ritter Road, Mechanicsburg,
Pennsylvania 17055.
3_ On or about December 2, 1999, Defendant entered into a
Loan Agreement with Plaintiff whereby Plaintiff agreed to loan
Defendant and Defendant agreed to borrow $5,974.36 plus interest,
for a total of $8,896_42. A true and correct copy of the Note is
attached hereto, incorporated hereby by reference as though set
forth at length, and marked Exhibit ~A".
4. In order to secure repayment of the loan, Defendant
granted Plaintiff a security interest in her 1995 Volkswagen Jetta
automobile, Vehicle Identification No. 3VWVB81HOSM066953, as
evidenced by signing the enclosed Security Agreement (Chattel
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BAA HARRISBURG, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
CNILACTIONNO. 01-4097 EQ
SUSQUEHANNA AREA REGIONAL,
AIRPORT AUTHORITY,
IN EQUITY
Defendant.
ORDER
AND NOW, this
day of
,2001, upon review of the
within Motion to Dismiss Plaintiffs Amended Motion for Preliminary Injunction it is hereby
ORDERED, DIRECTED and DECREED that such Motion is GRANTED and Plaintiff BAA
Harrisburg, Inc.'s Amended Motion for Preliminary Injunction on the bases that the FAA
improperly issued SARAA an airport operating certificate, a\liation safety, and/or hann to
BAAH's reputation or goodwill is DISMISSED and any remaining alleged grounds for
injuncti\le relief should be limited to issues relating to the Sunshine Act.
BY THE COURT:
J.
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BAA HARRISBURG, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
\I.
CIVIL ACTION NO. 01-4097 EQ
SUSQUEHANNA AREA REGIONAL,
AIRPORT AUTHORITY,
IN EQUITY
Defendant.
ORDER
AND NOW, this
day of
,2001, upon re\liew of the
within Motion to Dismiss Plaintiffs Amended Motion for Preliminary Injunction it is hereby
ORDERED, DIRECTED and DECREED that such Motion is GRANTED and Plaintiff BAA
Harrisburg, Inc.'s Amended Motion for Preliminary Injunction on the bases that the FAA
improperly issued SARAA an airport operating certificate, aviation safety, and/or hann to
BAAH's reputation or goodwill is DISMISSED and any remaining alleged grounds for
injunctive relief should be limited to issues relating to the Sunshine Act.
BY THE COURT:
J.
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BAA HARRISBURG, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
\I.
CNIL ACTION NO. 01-4097 EQ
SUSQUEHANNA AREA REGIONAL,
AIRPORT AUTHORITY,
IN EQUITY
Defendant.
ORDER
AND NOW, this
day of
,2001, upon review of the
within Motion to Dismiss Plaintiffs Amended Motion for Preliminary Injunction it is hereby
ORDERED, DIRECTED and DECREED that such Motion is GRANTED and Plaintiff BAA
Harrisburg, Inc.'s Amended Motion for Preliminary Injunction on the bases that the FAA
improperly issued SARAA an airport operating certificate, a\liation safety, and/or harm to
BAAH's reputation or goodwill is DISMISSED and any remaining alleged grounds for
injunctive relief should be limited to issues relating to the Sunshine Act.
BY THE COURT:
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GUNN MOWERY INSURANCE
GROUP, INC. F/KIAPENN
PROPERTY AND CASUALTY, INe.
AND GAUGHEN INSURANCE, INC.
Plaintiffs,
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MARK T. REILLY, indi\liduallyand
REILLY INSURANCE GROUP, INC.
Defendant.
AND NOW, this _ day of
COURT OF COMMON PLEAS
CUMBERLAND, COUNTY,
PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 01-3560
ORDER
, upon consideration of
Defendants' Preliminary Objections and Plaintiff's response thereto, it is hereby ordered that
Defendants' Preliminary Objections are SUSTAINED.
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BY THE COURT:
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GUNN MOWERY INSURANCE
GROUP, INC. F/K/APENN
PROPERTY AND CASUALTY, INC.
AND GAUGHEN INSURANCE, INC.
Plaintiffs,
v.
MARK T . REILLY, individually and
REILLY INSURANCE GROUP, INC.
Defendant.
AND NOW, this _ day of
'-
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COURT OF COMMON PLEAS
CUMBERLAND, COUNTY,
PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 01-3560
ORDER
, upon consideration of
Defendants' Preliminary Objections and Plaintiff's response thereto, it is hereby ordered that
Defendants' Preliminary Objections are SUSTAINED.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC.
Plaintiff
vs.
@'iI - 0 1 - noel-
rC{..~T~
JESSICA A. WILLIAMS
Defendant
ACTION IN EQUITY
NOT ICE
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 comp~aint 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
Two Liberty Avenue
Carlisle, PA 17013
717-249-3166
REIDENBACH & HENDERSON
BY:
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Herbert P. Henderson, II
Attorney ID No: 56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
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Mortgage), the same of which is attached hereto, incorporated
herein by reference as though set forth at length, and marked
Exhibit "B".
5. Plaintiff has a valid security interest in the automobile
as evidenced by the document attached previously as Exhibit "B".
6. Defendant has defaulted under the contract by failing to
make monthly payments when due.
7. Plaintiff believes, and therefore avers, that Defendant
has possession of the automobile.
8. Defendant, despite knowing that she is in default, has
failed to deliver possession of the automobile to Plaintiff.
WHEREFORE, Plaintiff, American General Finance, Inc., demands
judgment and possession together with reasonable attorney fees,
interest and costs.
Respectfully submitted,
REiDENBACH & HENDERSON
By:
~
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Herbert P. Henderson, II
Attorneys for Plaintiff
36 East King Street
Lancaster, PA 17602
(717) 295-9159
Attorney I.D. No. 56304
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VERIFICATION
Herbert P. Henderson, II, Esquire, hereby states that he is
attorney for Plaintiff in this matter, that he is authorized to
make this Verification, and that the statements made in the
foregoing Civil Action in Replevin are true and correct to the best
os his knowledge, information and belief. The undersigned
understands that this statement is made subject to the penalties of
18 Pacs Section 4904, relating to unsworn falsification to
authorities.
Dated: ~ 14lo1
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AMERTCAN>
I GENERAL
,
",CCOUNT NUMBER. I TYPE \. DATE FINANCE CHARGE BEGINS TO ACCRUE I NOTE FINANCE
,. H IF DIFFERENT FROM DATE OF NOTE
13491998
BORROWER(S) NAME AND ADDRESS LENDER rNE. US. OUR)
AMERICAN GENERAL FINANCE, INC.
JESSICA A WILLIAMS 6 SOUTH HANOVER STREET
152 LAKE PT DR CARLISLE, PA 17013
HARRISBURG PA 17521
Date of Note First Payment Other Payments Anal Payment Amount of First Amount of Balloon Amount of Monthly Total Number Term of
Due Date Due on Same Due Date Payment Payment Payment of Payments Loan in
Months
Date of Each 48
12/02/99 01/07/00 Month. 12/07/03 $ 201.42 $ NONE $ 185.00 48
1. $NONE Premium to Life Insurance Co. (Joint Coverage) 10. Appraiser for Appraisal Fee. . .. $NONE PAID TON I A
2. $ 157 . 17 Premium to Life Insurance Co. (Single Coverage) 11. Title Exam /TiUe Ins. ....,..... $NONE PAID TON / A
3. $ NONE Premium to Disability Insurance Co. (Joint Coverage) 12. Abstract Fee. . . . . . . . . . . . . . . . $NONE PAID TON / A
4. $ ::\51 .64 Premium to Disability Insurance Co. (Single Coverage) 13. Paid on Pri?r Account with Lender$NONE
5.$ 29 57 Premium to Property Insurance Co. $ 960.00 14. Amoun~Pa!dtoyouoronyour $ 5086.11
. behalf itemIzed below ""I
6 $ NONE Paid to Public Officials for Amount of Coverage
. - Certificate of Title Fees . p'"
7, $NONE Paid to Public Officials for Recording and Releasing Fees
B. $ NONE Premium to Non*Filing Ins. Co.
9. $ 349.87 Premium to Involuntary Unemp. Ins, Co.
ITEMIZATION OF AMOUNT FINANCED
$76.00
$N/A
$5000.00
$N/A
A.$ 150. 00 Service Charge (Prepaid RnanceCharge) $N / A
B,$NONE Brokers Fee Prepaid FINANCE CHARGE $N / A
(PaidtoN/A ) $N/A
2772.06Inlerest(Oiscount) $NI A
16 42 Extended First Pal/ment Due Date CharnE $N / A
. $N/A
$10.11
ToNON CR INS
TO CUSTOMER
CUST/CARTREK
N/A
N/A
N/A
N/A
N/A
N/A
N/A
YOU
15.$
16.$
17,
18.$
5974.36 Amount Financed (Sum of lines 1 thru 14)
2922.06 FINANCE CHARGE Ji;. C.$
20.99 % ANNUAL PERCENTAGE RATEO,$
8896.42 Total of Payments
NOTE
In this Note the words. "you, yours, and yoU!" mean each and all who signed it as Borrower. The words, ''we, us and our" mean Lender
(Creditor).
PROMiSE TO PAY:
.'
DEMAND FEATURE:
(if checked)
DEFAULT.
DEFERRAL
AND
EXTENSION
CHARGES:
BAD CHECK
CHARGE:
SIGNATURE:
You agree to pay the T~tal of Payments shown which includes the Amount Financed and Charges (including a
service charge equal to the lesser of $1.50 for each $50.00 not to exceed $150 and, if applicable, a brokers fee) to
maturity which have been precomputed at a rate authorized by law to yield the Annual Percentage Rate set forth
assuming all payments are made as scheduled. If Line 160 above is filled in, then you have requested an
extended first payment due date and have been charged the above amount.
If this loan is a renewal of an ea~ier loan from us, and this renewal is within 4 months of the date of that ea~ier
loan, then there will be no service charge on this loan if only the unpaid balance of the earlier loan is being'
renewed. If an amount in excess of the unpaid balance of that ea~ier loan is being renewed or refinanced. the
service charge is calculated only upon the amount by which this loan exceeds the unpaid balance of the earlier
loan. after crediting the unpaid balance of such ea~ier loan with any refund of interest or discount that may have
been due upon renewal or prepayment.
n Anytime after NA year(s) from the date of this loan we can demand the full balance and you will have to pay
the principal amount of the loan and all unpaid interest accrued to the day we make the demand. If we elect to
exercise this option you will be given written notice of election at least 90 days before payment in full is due. If you
fail to pay we will have the right to exercise any rights pennitted under the Note, Mortgage or Deed of Trust that
secures this loan. If we elect to ex~rcise this option, and the Note calls for a prepayment penalty that would be
due, there will be no prepayment penalty.
If you fail to make any required payment within 10 days of its due date. we may charge you 1 1/2% per month of
the amount past due, but not less than $1.00.
We may postpone or defer, for a number of months equal to the number of installments in default, the payment of
any installment in default for 60 days or more on which no default charge has been collected, or any other
installment if so requested and agreed. You further agree to pay a deferral charge equal to 1 1/2% per month on
the amount deferred for the period of deferral. but in no event shall the deferral charge be less than $1.00 if the
period of defennent is 10 days or more.
If we agree with you to extend any payment to the end of the contract, we may charge an extension fee of 1 1/2%
of the unpaid principal balance. If any unpaid balance remains after maturity of this contract, that entire unpaid
balance will be considered in default and subject to the 1 1/2% per month default charge on any amounts
remaining unpaid after judgment, you will pay interest at the highest judgment rate pennitted by law. not to exceed
1 1/2% per month.
In the event any payment is made by check, draft or order and said check, draft or order is dishonored by reason
of insufficient funds in or on deposit with the drawee, the holder hereon may charge a service charge not to
exceed $ 20.00 .
You have signed this Note on the Date of Note in the presence of the person(s) identifying themselves below as
witnesses.
NOTICE: The following NOTICE applies if you were referred to us by a seller of consumer goods or services and a substantial portion of the proceeds of this
loan is used for the purchase of consumer goods from that seller:
NOTICE
A~ HOLDER OF THIS CONSUiiI!ER CREDIT CONTRACT is SUBJECY TO ALL CLAIMS AND DEFENSES WHICH THE
DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERV~IES OaTAINED WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCi::ED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
COPY RECEIVED, You acknowledge receipt of a completely filied-in copy of this Note and a copy of the Federal Disclosure Statement
1) OIJ a separate sheet. "
w,~'" "(l~'~ ' ",'M
6 SIGNATUR OF PRINCIPAL BORROWER
Witness: _ n_ L.S. (Seal)
SiGNATURE OF OTHER BORROWER
Witness:
L,S. (Seai)
SIGNATURE OF OTHER BORROWER
SEE REVERSE SIDE FOR ADDITIONAL IMPORTANT TERMS
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38-00001 (3-1-99) PM261 PENNSYLVANIA CONSUMER DISCOUNT COMPANY ACT
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ACCOUNT NUMBER IlYPE I DATE FINANCE CHARGE BEGINS TO A9CRUE
13491998 H IF DIFFERENT FROM DATE OF NOTE
MORTGAGOR(S) -DEBTOR(S) (NAMES & ADDRESS)
.
JESSICH A WILLIAMS SECURITY AGREEMENT
152 LAKE PT DR
HARRISBURG, PA 17521
SECURED PARlY - MORTGAGEE (CHATTEL MORTGAGE)
AMERICAN GENERAL FINANCE, INC.
6 SOUTH HANOVER STREET
CARLISLE, PA 17013 j.
Date of Nate First Payment Other Payments Final Payment Amount of First Amount of Balloon Amount of Monthly Total Number Term of
and this Mtg Due Date Due on Same Due Date Payment Payment Payment of Payments Loan in
Date of Each Months
12/02/99 01/07/00 Month 12/07/03 $ 201.42 $ NONE $ 185.00 48 48
ANNUAL PERCENTAGE RATE I FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS
. 20.99 % $ 2922.06 $ 5974.36 $ 8896.42
KNOW ALL MEN BY THESE PRESENTS that the below named Mortgagor(s) hereby mortgages and pledges to the Mortgagee hereinabove
named, (a) thai certain motor vehicle(s) described herein, together with all equipmenl and accessories thereunto now and hereafter attached
and/or (b) the hereinafter described personal property, situated at the address where Mortgagor now resides. as set forth In the hereinafter
mentioned promissory note, as security for the payment of a promissory note in the amount, date and terms stated above, subject to
acceleration In time of payment in event of failure of Mortgagor to keep and perform certain conditions. provisions and stipulations therein and
herein contained. Reference is hereby made to said promissory note now on file in the office of Mortgagee for the particular provisions thereof.
This mortgage shall also secure any obligations given by Mortgagor to Mortgagee, and any future advances; and for any further indebtedness
Which shall hereafter be owing to Mortgagee by Mortgagor; it is contemplated by the parties hereto that future advances may be made which
shall be secured by the herein described property and by virtue thereof this mortgage is given as security; and as security for the performance
by Mortgagor of each of the covenants and conditions set forth below:
The conditions of this mortgage are as follows:
To secure payment of all sums due hereunder and under any other obligation given by Mortgagor to Mortgagee, Mortgagor does hereby
grant, convey and mortgage unto said Mortgagee the herein described property to have and to hold the 'same forever, provided that if said
Mortgagor shall fully pay said Mortgagee all sums due in cash <lnd shall keep and truly perform all agreements and covenants herein, this
mortgage shail be void, othelWise to remain in full force and effect. Mortgagor warrants that the title of said property is vested in Mortgagor free
of all liens and encumbrances. This chattel mortgage is given as security for money advanced.
Mortgagor shall keep said property free from all attachments, executions, liens, taxes and encumbrances, shall not use the same nor permit it
to be used illegally, for hire. or in any contest, and shall not remove the automobile from this state or remove the herein describe fumiture from
the 'address where located on this date without the Mortgagee's written permission. Neither loss of nor injury to said property shall relieve
Mortgagor from his obligations hereunder. Mortgagee. or the holder of this mortgage, is expressly given the right to go on public or private
property in enforcing any of Mortgagee's rights hereunder without the same in any manner constituting a trespass against the Mortgagor(s)
herein; consent to such entering by Mortgagee on public or private property is expressiy given by Mortgagor(s).
The property described herein shall be at the Mortgagor's risk and Mortgagor shall procure and maintain for the term hereof insurance
against all physical damage risks at Mortgagor's expense all in such form and for such amount as Mortgagee may legally require, the proceeds
thereof 10 be payable 10 the Mortgagor and Mortgagee as their interests shall appear. In the event Mortgagor does not secure or maintain such
insurance as Mortgagee may legally require to be in effect for the term hereof, the Mortgagee may declare this instrument in default or as
creditor of the Mortgagor may purchase such insurance effective from the beginning of the term hereof and at any time. and from time to time
thereafter. although nothing herein contained shall impose upon the Mortgagee the duty so to do and Mortgagee may add the cost thereof to
Mortgagor's indebtedness secured by this instrument; and the Mortgagor agrees to reimburse the Mortgagee for the actual cost of such
insurance to the extent the same is not included in Mortgagor's indebtedness owing to Mortgagee, the amount of such reimbursement together
with interest thereon at an annual percentage rate equivalent to that charged on Mortgagor's indebtedness to constitute an additionai obligation
of the Mortgagor hereunder and to be paid in equal installments over the term of the insurance. Nothing contained herein shall be construed to
require you to obtain or maintain insurance on household goods.
Mortgagors grant Mortgagee a security interest in any uneamed premiums from any insurance Mortgagor has elected and purchased
through Mortgagee in connection with this transaction which protecls the account or coliateral. Mortgagors grant Mortgagee the right, but not
the obligation, to cancel such policies in the e,vent of Mortgagor's default, subject to any applicable r!,strictions under state law. If Mortgagee
cancels the insurance. any uneamed p.remium will be credited to this account or refunded to Mortgagor.
Mortgagors, where authorized by law hereby assign to the Mortgagee any moneys not in excess of the unpaid balance of indebtedness
which this inslrument secures which may become.payable under such other insurance including retum on uneamed premiums. and directs any
insurance comP'lny to make payment directly to Mortgagee (0 6e applied to said unpaid indebtedness and hereby appoints Mortgagee as
attomey-In-fact to endorse any draft. In the event of defauit under the terms of this instrument, Mortgagee is authorized to oancel said
insurance and credit any premium refund received against such unpaid indebtedness. All policies may be retained by Mortgagee. Any
insurance collected by Mortgagee may be applied at Mortgagee's option to the repair and restoration of said property, or upon the indebtedness
of Mortgagor. Mortgagor agrees to repay Mortgagee on demand any payment made by Mortgagee preserving or protecting the lien of this
mortgage againpt attachments, executions, and other claims of lien, Mortgagor shall pay all filing fees and state stamp taxes.
Mortgagor authorizes the Mortgagee at Mortgagor's expense 10 execute and file on Mortgagor's behalf a financing statemenl or statements
or continuations thereof necessary to protect our security interest in the Collateral.
Description of Mortgaged Property now located in or about Mortgagor's premises al the residence set forth above [in addition to the Motor
Vehicle(s)], if any. described herein:
All property listed as security in a certain Federal Disclosure Statemeot executed by and delivered to the Mortgagor(s) on even date.
Year Make Model Body Type Vehicle IdentifIcation No. N-U No. Cyrs,
1995 VW JETTA 3VWVBlllHOSM066953
All of the covenants and obligations herein contained shall be considered joint and severai covenants and obligations of each maker and
co~maker hereof.
IN WITNESS WHEREOF, the Mortgagor(s) have hereunto set their hands and seals on the day written above.
ACCEPTED ~NED
AMERICAN GENERAL FINANCE, INC. .tA<::U.-().p~ A \.~~
Name of Secured Party
BY V. \\.~~)
Its Ad;;;'! ~ Secured Party Mortgagors
LIABILITY INSURANCE COVERAGE FOR aODlL Y H\lJURY
AND DAMAGE TO PROPERTY IS NOT INCLUDED.
(SEAL)
(SEAL)
UN7051 (5-24-99) Seourity Agreement
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SHERIFF'S RETURN - NOT FOUND
.
.
CASE NO: 2001-01606 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCE INC
VS
WILLIAMS JESSICA A
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
WILLIAMS JESSICA A
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - EQUITY
NOTICE
, NOT FOUND , as to
the within named DEFENDANT
WILLIAMS JESSICA A
DEFT. NO LONGER RESIDES AT ADDRESS STATED, RETURN
NOT FOUND AS PER JANET, ON 4/2/01
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
18.00
7.44
5.00
10.00
.00
40.44
S~~
R. homas Klin&/
Sheriff of Cumberland County
KENNETH G. REIDENBACH II
04/02/2001
Sworn and subscribed to before me
this
)/w
day of ~h'1
~I A.D.
~ Q '1vu..~&-J Yti!J-
Prot 0 otary I
-'m;,
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC.
Plaintiff
vs.
.cr-01 - U...O(..
Q~iy 'T~
JESSICA A. WILLIAMS
Defendant
ACTION IN EQUITY
NOT ICE
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
ser\led, 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
Two Liberty Avenue
Carlisle, PA 17013
717-249-3166
REIDENBACH & HENDERSON
BY:
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TRUE copy .. "-'lit
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'nl~~w"",IlUt. ,,_,,",,14 Pa
.. tile _ ot said OoUrt at WI-' .
~~~~~~~~
Herbert P. Henderson, II
Attorney 10 No: 56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC.
Plaintiff
vs.
CI-01-
JESSICA A. WILLIAMS,
Defendant
ACTION IN EQUITY
COMPLAINT IN REPLEVIN
1. Plaintiff herein is American General Finance, Inc., a
retailer financial services with a current office located at 6
south Hanover Street, Carlisle, Cumberland County, Pennsylvania
17013.
2. Defendant herein is Jessica A. Williams, an adult
individual currently residing at 5069 Ritter Road, Mechanicsburg,
Pennsylvania 17055.
3. On or about December 2, 1999, Defendant entered into a
Loan Agreement with Plaintiff whereby Plaintiff agreed to loan
Defendant and Defendant agreed to borrow $5,974.36 plus interest,
for a total of $8,896.42. A true and correct copy of the Note is
attached hereto, incorporated hereby by reference as though set
forth at length, and marked Exhibit ~A".
4. In order to secure repayment of the loan, Defendant
granted Plaintiff a security interest in her 1995 Volkswagen Jetta
automobile, Vehicle Identification No. 3VWVB81HOSM066953, as
evidenced by signing the enclosed Security Agreement (Chattel
':-"f
.,
.
Mortgage), the same of which is attached hereto, incorporated
herein by reference as though set forth at length, and marked
Exhibit "B".
5. Plaintiff has a valid security interest in the automobile
as evidenced by the document attached previously as Exhibit "B".
6. Defendant has defaulted under the contract by failing to
make monthly payments when due.
7. Plaintiff believes, and therefore avers, that Defendant
has possession of the automobile.
8. Defendant, despite knowing that she is in default, has
failed to deliver possession of the automobile to Plaintiff.
WHEREFORE, Plaintiff, American General Finance, Inc_, demands
judgment and possession together with reasonable attorney fees,
interest and costs.
Respectfully submitted,
REIDENBACH & HENDERSON
By:
~ q<)
-Herbert-P~-Henderso~II
Attorneys for Plaintiff
36 East King Street
Lancaster, PA 17602
(717) 295-9159
Attorney 1.0. No. 56304
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VERIFICATION
Herbert P. Henderson, II, Esquire, hereby states that he is
attorney for Plaintiff in this matter, that he is authorized to
make this Verification, and that the statements made in the
foregoing Civil Action in Replevin are true and correct to the best
os his knowledge, information and belief. The undersigned
understands that this statement is made subject to the penalties of
18 Pacs Section 4904, relating to unsworn falsification to
authorities.
Dated: ~l,e.lol
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AMElUCAN
\ GENERAL
.,
ACCOUNT NUMBEFl ]1l'PE I DATE FINANCE CHARGE BEGINS TO ACCRUE I NOTE FINANCE
13[.91998 H IF DIFFERENT FROM DATE OF NOTE .
BORROWER(S) NAME AND ADDRESS LENDER ry.iE, US, OUR)
AMERICAN GENERAL FINANCE, INC.
JESSICA A WILLIAMS 6 SOUTH HANOVER STREET
152 LAKE PT DR CARLISLE, PA 17013
HARRISBURG PA 17521 .'
Date of Nole First Payment Olhar Payments Final Payment Amount of Rrst Amounlof Balloon Amount of Monthly Total Number Term of
Due Date Due on Same Due Date Payment Payment Payment of Payments Loan in
Months
Date of Each 48 48
12/02/99 m/07/00 Month. 12/07/03 $ 201. 42 $ NONE $ 185.00
1. $NONE Premium to Life Insurance Co. (JoinlCoverage) 10. Appraiser for Appraisal Fee.... $NONE
2. $ 157.17 Premium to Life Insurance Co. (Single Coverage) 11. TiUe ExamjTitle Ins. .......... $NONE
3. $ NONE Premium to Disability Insurance Co. (Joint Coverage) 12. Abstract Fee. . . . . . . . . . . . . . . . $NONE
4. $ ~51 _ 64 Premium to Oisabilitjlnsurance Co. (Single Coverage) 13. Paid on Pri?r Accountwilh Lender$NONE
5 $ 29 57 Premium to Properly Insurance Co. $ 960.00 14. Amoun.t Pa!d to you or on your $ 5086.11
.. .. behalf ItemIzed below ~..
6 $ NONE Paid to Public OffiCials for Amount of Coverage
. - Certificate of Title Fees --. ..--- ~~
7. $NONE Paid to Public Ofllcialsfot Recording and Releasing Fees
8. $NONE Premium to Non-Filing Ins. Co.
9. $ 34Q. 87 Premium to Involuntary Unemp.lns. Go.
ITEMIZATION OF AMOUNT FINANCED
PAID TONIA
PAID TON/A
PAID TON/A
$76.00
$N/A
$5000.00
. $N/A
A.$ 150. 00 Service Charge (Prepaid FinancQ Charge) $N / A
B.$NONE Brokers Fee Prepaid FINANCE CHARGE $N / A
(Paid!o N/A ) $N/A
2772. 06Interesl(D~count) $N / A
16 42 Extended First Pavment Due Date Ghara~ $N I A
. $N/A
$10.11
ToNON CR INS
TO CUSTOMER
CUST/CARTREK
N/A
NIA
N/A
N/A
N/A
N/A
N/A
YOU
15.$
16.$
17.
18.$
5974.36 Amount Financed (Sum of lines 1 thru 14)
2922.06 FINANCE CHARGE -- -~. q
2.0 .99 % ANNUAL PERCENTAGE RATE D.$
889~ Tolal of Paymenls
NOTE
In this Note the words, "you, yours, and you~' mean each and all who signed it as Borrower. The words, "we, us and ou~' mean Lender
(Creditor).
PROMISE TO PAY:
DEMAND F~TURE:
(if checked)
DEFAU L T,
DEFERRAL
AND
EXTENSION
CHARGES:
BAD CHECK
CHARGE:
SIGNATURE:
You agree to pay the T~tal of Payments shown which Includes the Amount Financed and Charges (including a
service charge equal to the lesser of $1.50 for each $50.00 not to exceed $150 and, if applicable, a brokers fee) to
maturity which have been precomputed at a rate authorized by law to yield the Annual Percentage Rate set forth
assuming all payments are made as scheduled. If Line 16D above is filied in, then you have requested an
extended first payment due date and have been charged the above amount.
If this loan is a renewal of an earlier loan from us, and this renewal Is within 4 months of the date of that earlier
loan, then there will be no service charge on this loan if only the unpaid balance of the earlier loan is being'
renewed. If an amount in excess of the unpaid balance of that earlier loan is being renewed or refinanced, the
service charge is calculated only upon the amount by which this loan exceeds the unpaid balance of the earlier
loan, after crediting the unpaid balance of such earlier loan with any refund of interest or discount that may have
been due upon renewal or prepayment.
n Anytime after NA year(s) from the date of this loan we can demand the full balance and you will have to pay
\fie principal amount of the loan and all unpaid interest accrued to the day we make the demand. If we elect to
exercise this option you will be given written notice of election at least 90 days before payment in full is due. If you
fail to pay we will have the right to exercise any rights pennitted under the Note, Mortgage or Deed of Trust that
secures this loan. If we elect to exercise this option, and the Note calls for a prepayment penalty that would be
due, there will be no prepayment penalty.
If you fail to make any required payment within 10 days of its due date, we may charge you 1 1/2% per month of
the amount past due, but not less than $1.00.
We may postpone or defer, for a number of monttls equal to the number of installments in default, the payment of
any installment in default for 60 days or more on which no default charge has been collected, or any other
installment if so requested and agreed. You further agree to pay a deferral charge equal to 1 1/2% per month on
the amount deferred lor the period of deferral, but in no event shall the deferral charge be less than $1.00 if the
period of defennenl is 10 days or more.
If we agree with you 10 extend any payment to the end of the contract, we may charge an extension fee of 1 1/2%
of the unpaid principai balance. If any unpaid balance remains after maturity of this contract, that entire unpaid
balance will be considered in default and subject to the 1 1/2% per month default charge on any amounts
remaining unpaid after judgment, you will pay inlerest at the highest judgment rate pennitted by iaw, not to exceed
1 1/2% per month.
In the event any payment is made by check, draft or order and said check, dral1 or order is dishonored by reason
of insufficient funds in or on deposit with the drawee, the holder hereon may charge a service charge not to
exceed $ 20. 00 .
You have signed this Note on the Date of Note in the presence 01 the person(s) identitying themselves below as
witnesses.
NOTICE: The following NOTICE applies if you were referred to us by a seller of consumer goods or services and a substantial portion of the proceeds of this
loan is used for the purchase of consumer goods from that seller:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECY TO ALL CL.AH'ilS AND DEFENSES WHICH THE
DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVlCES OSTAINED WITH THE PROCEJ::tlS
HEREOF. RECOVERY HEREUNDER BV THE DEBTOR SHALL NO'f EXCEED A~IjjOUNTS PAID 13Y THE DEBTOR
HU1EUi'lDER.
COPY RECEIVED: You acknowledge receipt of a completely filled-in copy of this Note and a copy of the Federal Disclosure Statement
J 00 a separate sheet.
w.... ".l \~ .~'. ". ~.,
6. SIGNATUR OF PRINCIPAL BORROWER
Witness: _ _ L,S, (Seal)
SIGNATURE OF OTHER BORROWER
Witness:
L.S. (Seal)
SIGNATURE OF OTHER BORROWER
SEE REVEI'lSE SIDE FOR ADDITIONAL IMPORTANT TERMS
~01 (3-i-99) PM2.61 PENNSYLVANIA CONSUMER DISCOUNT COMPANY ACT
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ACCOUNT NUMBER I TYPE I DATE FINANCE CHARGE BEGINS TO A\sCRUE
J3491998 H IF DIFFERENT FROM DATE OF NOTE
MORTGAGOR(S) - DEBTOR(S) (NAMES & ADDRESS)
JESSICA A WILLIAMS SECURITY AGREEMENT
152 LAKE PT DR
RARRISBURG, PA 17521
SECURED PARTY - MORTGAGEE (CHATTEL MORTGAGE)
AKERICAN GENERAL FINANCE, INC.
6 SOUTH HANOVER STREET
CARLISLE, PA 17013
Date of Nota First Payment Other Payments Final Payment Amount of First Amount of Balloon Amount of Monthly Total Number Term of
and this Mtg Due Date Due on Same Due Date Payment Payment Payment of Payments Loan in
Date of Each Months
12/02/99 01/07/00 Month 12/07/03 $ 201.42 $ NONE $ 185.00 48 48
ANNUAL PERCENTAGE RATE I FINANCE CHARGE I AMOUNT FINANCED TOTAL OF PAYMENTS
20.519 % . $ 2922.06 $ 5974.36 $ 8896.42
KNOW ALL MEN BY THESE PRESENTS that the below named Mortgagor(s) hereby mortgages and pledges to the Mortgagee hereinabove
named, (a) that certain motor vehicle(s) described herein, together with all equipment and accessories thereunto now and hereafter attached
andlor (b) the hereinafter described personal property, situated at the address where Mortgagor now resides, as set forth in the hereinafter
mentioned promissory note, as security for the payment of a promissory note in the amount, date and terms stated above, subject .to
acceleration in time of payment in event of failure of Mortgagor to keep and perform certain conditions, provisions and. stipulations. therein and
herein contained. Reference is hereby made to said promissory note now on file in the office of Mortgagee for the particular provIsIons thereof.
This mortgage shall also secure any obligations given by Mortgagor to Mortgagee, and any future advances; and for any further indebtedness
which shall hereafter be owing to Mortgagee by Mortgagor, it is contemplated by the parties hereto that future advances may be made which
shall be secured by the herein described property and by virtue thereof this mortgage is given as security; and as security for the performance
by Mortgagor of each of the covenants and conditions set forth below:
The condilions of this mortgage are as follows:
To secure payment of all sums due hereunder and under any other obligation given by Mortgagor to Mortgagee, Mortgagor does hereby
grant, convey and mortgage unto said Mortgagee the herein described property to have and to hold the same forever, provided that if said
Mortgagor shall fully pay said Mortgagee all sums due in cash and shall keep and truly perform all agreements and covenants herein, this
mortgage shall be void, otherwise to remain in full force and effect. Mortgagor warrants that the title of said property is vested in Mortgagor free
of all liens and encumbrances. This chattel mortgage is given as security for money advanced.
Mortgagor shall keep said property free from all attachments, executions, liens, taxes and encumbrances, shall not use the same nor permit It
to be used illegally, for hire, or in any contest, and shall not remove the automobile from this state or remove the herein describe fumiture from
the 'address where located on this date without the Mortgagee's written permission. Neither loss of nor injury to said property shall relieve
Mortgagor from his obligations hereunder. Mortgagee, or the holder of this mortgage, is expressly given the right to go on public or private
property in enforcing any of Mortgagee's rights hereunder without the same in any manner constituting a trespass against the Mortgagor(s)
herein; consent to such entering by Mortgagee on public or private property is expressly given by Mortgagor(s).
The property described herein shall be at the Mortgago(s risk and Mortgagor shall procure and maintain for the term hereof insuranoe
against all physical damage risks at Mortgago(s expense all in such form and for such amount as Mortgagee may legally require, the proceeds
thereof to be payable to the Mortgagor and Mortgagee as their interests shall appear. In the event Mortgagor does not secure or maintain such
insurance as Mortgagee may legaily require to be in effect for the term hereof, the Mortgagee may declare this instrument in default or as
creditor of the Mortgagor may purchase such insurance effective from the beginning of the term hereof and at any time, and from time to time
thereafter, although nothing herein contained shall impose upon the Mortgagee the duty so to do and Mortgagee may add the cost thereof to
Mortgago(s indebtedness secured by this instrument; and the Mortgagor agrees to reimburse the Mortgagee for the actual cost of such
insurance to the extent the same is not included in MortgagMs indebtedness owing to Mortgagee, the amount of such reimbursement together
with interest thereon atan annual percentage rate equivalent to that charged on Mortgago(s indebtedness to constitute an additional obligation
of the Mortgagor hereunder and to be paid in equal instailments over the term of the insurance. Nothing contained herein shall be construed to
require you to obtain or maintain insurance on household goods.
Mortgagors grant Mortgagee a security interest in any uneamed premiums from any insurance Mortgagor has elected and purchased
through Mortgagee in connection with this transaction which protects the account or collateral. Mortgagors grant Mortgagee the right, but not
the obligation, to cancel such policies in the event of Mortgago(s default, subject to any applicable r.estrictions under state law. If Mortgagee
canceis the insurance, any uneamed premium will be crediled to this account or refunded to Mortgagor.
Mortgagors, where authorized by law hereby assign to the Mortgagee any moneys not in excess of the unpaid balance of indebtedness
which this instrument secures which may become payable under such other insurance including retum on, uneamed premiums, and directs any
insurance company to make payment direclly to Mortgagee to 6e applied to said unpaid indebledness and hereby appoints Mortgagee as
attomey-in-fact to endorse any draft. In the event of default under the terms of Itlis insirument, Mortgagee is authorized to cancel said
insurance and credit any premium refund received against such unpaid indebtedness. All policies may be retained by Mortgagee. Any
insurance collected by Mortgagee may be applied at Mortgagee's option to fhe repair and resloration of said property, or upon the indebtedness
of Mortgagor. Mortgagor agrees to repay Mortgagee on demand any payment made by Mortgagee pr~se]\ling or protecting the lien of this
mortgage against attachments, executions, and other claims of lien, Mortgagor shall pay ail filing fees and state stamp taxes.
Mortgagor authorizes the Mortgagee at MortgagMs expense to execute and file on MortgagMs behalf a financing statement or statements
or continuations thereof necessary to protect our security interest in the Collateral.
Description of Mortgaged Property now located in or about Mortgago(s premises at the residence set forth above [in addition to the Motor
Vehicle(s)]. if any, described herein:
All property listed as security in a certain Federai Disclosure Statement executed by and delivered to the Mortgagor(s) on even date.
Year Make Model Body Type Vehicle Identification No. N-U No. Cyls.
1995 VW JETTA 3VWVB81HOSH066953
All of the covenants and obligations herein contained shall be considered joint and several covenants and obligations of each maker and
co-maker hemof.
IN WITNESS WHEREOF, the Mortgagor(s) have hereunto set their hands and seals on the day written above.
ACCEPTED ~NED
AMERICAN GENERAL FINANCE, INC. ~Ol">, tl \~LL~
Name of Secured Party
BY V. \~~..w)
Its AJ~i ~ Secured Party Mortgagors
LIABILITY INSURANCE COV!:RAGE FOR BODILY H'lJURY
AND DAMAGE TO PROPERTY IS NOT INCLUDEID.
(SEAL)
(SEAL)
UN7051 (5.24-99) Security Agreement
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC. :
vs.
No. 01-1606
JESSICA A. WnUAMS
ACTION IN EQUITY
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint docketed to number 01-1606,
REIDENBACH & HENDERSON
By:
Herbert P. Henderson, n, Esquire
Attorney for Plaintiff
36 East King Street
Lancaster, P A 17602
(717) 295-9159
Attorney 1.0. No. 56304
Date: 5/1 JDI
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SHERIFF'S RETURN - NOT FOUND
"
CASE NO: 2001-01606 P . k/fu:f'l
COMMONWEALTH OF PENNSYLVANIA /
..
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCE INC
VS
WILLIAMS JESSICA A
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
WILLIAMS JESSICA A
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
, NOT FOUND , as to
the within named DEFENDANT
, WILLIAMS JESSICA A
DEFT DOES NOT WORK AT ADDRESS GIVEN
RETURNED NOT FOUND AS PER ATTNY
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Not Found
18.00
6.20
.00
10.00
5.00
39.20
County
KE REIDENBACH
05/30/2001
Sworn and subscribed to before me
this .20!!:;. day of ~
2v-i> / A.D.
.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC.
Plaintiff
vs.
~-Ol - it-oc..
~~-4'i <-r~
JESSICA A. WILLIAMS
Defendant
ACTION IN EQUITY
NOT ICE
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
Two Liberty Avenue
Carlisle, PA 17013
717-249-3166
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Herbert P. Henderson, II
Attorney ID No: 56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC.
Plaintiff
vs.
CI-Ol-
JESSICA A. WILLIAMS,
Defendant
ACTION IN EQUITY
COMPLAINT IN REPLEVIN
1. Plaintiff herein is American General Finance, Inc., a
retailer financial services with a current office located at 6
south Hanover Street, Carlisle, Cumberland County , Pennsylvania
17013.
2. Defendant herein is Jessica A. Williams, an adult
individual currently residing at 5069 Ritter Road, Mechanicsburg,
Pennsylvania 17055.
3. On or about December 2, 1999, Defendant entered into a
Loan Agreement with Plaintiff whereby Plaintiff agreed to loan
Defendant and Defendant agreed to borrow $5,974.36 plus interest,
for a total of $8,896.42. A true and correct copy of the Note is
attached hereto, incorporated hereby by reference as though set
forth at length, and marked Exhibit "A".
4. In order to secure repayment of the loan, Defendant
granted Plaintiff a security interest in her 1995 Volkswagen Jetta
automobile, Vehicle Identification No. 3VWVBB1HOSM066953, as
evidenced by signing the enclosed Security Agreement (Chattel
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Mortgage), the same of which is attached hereto, incorporated
herein by reference as though set forth at length, and marked
Exhibit "B".
5. Plaintiff has a valid security interest in the automobile
as evidenced by the document attached previously as Exhibit "B".
6. Defendant has defaulted under the contract by failing to
make monthly payments when due.
7. Plaintiff believes, and therefore avers, that Defendant
has possession of the automobile.
8. Defendant, despite knowing that she is in default, has
failed to deliver possession of the automobile to Plaintiff.
WHEREFORE, Plaintiff, American General Finance, Inc., demands
judgment and possession together with reasonable attorney fees,
interest and costs.
Respectfully submitted,
REIDENBACH & HENDERSON
By:
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-------------------------
Herbert P. Henderson, II
Attorneys for Plaintiff
36 East King Street
Lancaster, PA 17602
(717) 295-9159
Attorney I.D. No. 56304
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VERIFICATION
Herbert P. Henderson, II, Esquire, hereby states that he is
attorney for Plaintiff in this matter, that he is authorized to
make this Verification, and that the statements made in the
foregoing Civil Action in Replevin are true and correct to the best
os his knowledge, information and belief. The undersigned
understands that this statement is made subject to the penalties of
18 Pacs Section 4904, relating to unsworn falsification to
authorities.
Dated: -2.1'(,lol
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AMElUCAN
I GENERAL
ACCOUNT NUMBEFl I1l'PE I DATE FINANCE CHARGE BEGINS TO ACCRUE I NOTE FINANCE
13[.91998 H IF DIFFERENT FROM DATE OF NOTE
BORROWER(S) NAME AND ADDRESS LENDER ryvE, US, OUR)
AMERICAN GENERAL FINANCE, INC.
JESSICA A WILLIAMS 6 SOUTH HANOVER STREET
152 LAKE PT DR CARLISLE, PA 17013
HARRISBURG. PA 17521
Date of Note First Payment Other Payments Final Payment Amount of First Amount of Balloon Amount of Monlhly Total Number Termaf
Due Dale Due on Same Due Dale Payment Payment Payment of Payments Loan in
Months
Dale of Each 48
12/02/99 eH/07/00 Month. 12/07/03 $ 201. 42 $ NONE $ 185.00 48
ITEMIZATION OF AMOUN'( FINANCED
1. $NONE pJemiumto Lila lnsUTance Co. (Joint CovE/lage) 10. Appraiser fOI AppTsisal Fee.... $NONE
2. $ 157. 17 Premium to Ufe Insurance Co. (Single Coverage) 11. Title Exam {fiUe Ins. .......,. .$NONE
3. $NONE Premium 10 Disability Insurance Co. (Joint Coverage) 12. Abstract Fee........,....... sNONE
4. $ 351 . 6~ P(emlu~ 10 Oisability tnsuraoce Co. (Singlo Coverage) 13. Paid on Pri~H Account with LenderSNONE
5 $ 29 .57 Premium 10 Property Insurance Co. $ 960.0014. Amoun.t Pa!d 10 you or on your $ 5086.11
. . , behalf Itemized below ~..
6 $ NONE Pa.id to Public Officials 10r Amount of Coverage
. - Certificate of Title Fees -... " ----. >>-:,
7. $ NONE Paid lo Public Officials foe Recording and Releasing Fees
U. $NONE Premium to Non-Filing Ins. Co.
9. $ 3119~ Premium to Involuntary Uoemp. los. Co.
PAID TON I A
PAID TON/A
PAID TON/ A
$76.00
$N/A
$5000.00
. $N/A
A.$ 1,)0. OOService Charge (Prepaid FinanceChargej $N / A
B.$NONE B<oko" fee Prepaid fiNANCE CHARGE $N / A
(PaidtoN/A )$N/A
2772. 0610lore,1 (Oiscounl) $N / A
16 .l..2Extendcd Fiest Pavment Due Date CharM $N / A
$N/A
$10.11
ToNON CR INS
TO CUSTOMER
CUST/CARTREK
N/A
N/A
N/A
N/A
N/A
N/A
N/A
YOU
15.$
16.$
17.
18.$
5974.36 Amount Financed (Sum of lines 1lhru 14)
~22. 06 FINANCE CHARGE - ~ C.$
20.99 % ANNUAL PERCENTAGE RATEo.$
8896.42 Total of Payments
NOTE
In Ihls Note the words, "you, yours, and your' mean each and all who signed It as Borrower. The words, "we, us and our' mean Lender
(Creditor).
PROMISE TO PAY:
,.
DEMAND FEATURE:
(if checked)
DEF^UL T.
DEFERRAL
AND
EXTENSION
CHARGES:
BAD CHECK
CHARGE:
SIGN^TURE:
You agree to pay the Total of Payments shown which Includes the Amount Financed and Charges (including a
selViee charge equal to the lesser of $1.50 for each $50.00 not to exceed $150 and, if applicable, a brokers fee) to
maturity which have been precomputed at a rate authorized by law to yield the Annual Percentage Rate set forth
nssumlng nil payments are made as scheduled, If Line 16D above is filled in, then you have requested an
extended first payment due date and have been charged the above amount.
If this loan is a renewal of an eanier loan from us, and this renewal Is within 4 months of the date of that eanier
loan, then there will be no service charge on this loan if only tho unpaid balance of the eanier loan is being'
renewed. If an amount in excess of the unpaid balance of Ihat earlier loan is being renewed or refinancod, the
selVice charge is calculated only upon the amount by which this loan exceeds the unpaid balance of the eanier
loan, after crediting the unpaid balance of such eanier loan with any refund of interest or discount that may have
been due upon renewal or prepayment.
n Anylime after NA year(s) from the dale of this loan we can demand the full balance and you will have 10 pay
ffi'i, principal amount of the loan and all unpaid interest accrued to the day we make the demand. If we elect to
exercise this option you will be given written notice of election alle"st 90 days before paymem in full is due. If you
fail 10 pay we will have the right to exercise any rights pennitted under the Note, Mortgage or Deed of Trust that
socures this loan. If we elect to exercise Ihis oplion, and Ihe NOle calls for a prepaymem penalty lhat would be
due, there will be no prepayment penally.
If you fail to make any required paymenl within 10 days of ils due date, we may charge you 1 1/2% per month of
Ihe amount past due, but nolless than $1.00.
We may postpone or defer, for a number ot months equal to the number of installments in defauit, the payment of
any installment in default for 60 days or more on which no default charge has been cOllecled, or any other
Installment if so requested and agreed. You turlher agree 10 pay a deferral charge equal to 1 1/2% per month on
the amount deferred for the period of deferral, but in no event shall the deferral charge be less than $1.00 if Ihe
period of defennent is 10 days or more.
It we agreewith you to extend any payment to Ihe end of the contract, we may charge an extension fee of 1 1/2%
01 the unpaid principal balance. If any unpaid balance remains after maturity of this cOnlracl, lhal entire unpaid
balance will be considered in default and subject to the 1 1/2% per month default charge on any amounts
remaining unpaid after judgment, you will pay interest at the highest judgment rate pennitted by law, not 10 exceed
1 1/2% per month.
In the event any payment is made by check, draft or order and said check, draft or order is dishonored by reason
of insufficient funds in or on deposit with the drawee the holder hereon may charge a service charge not to
exceed $ 7.0.00 . '
You have signed Ihis Nole on Ihe Dale of Note in the presence of the person(s) Identifying themselves below as
wItnesses.
NOTICE: The following NOTICE applies jf you were refetrcd to us by a seller of consumer goods or services and a substantial portion of the proceeds of this
loan is used for the purchase of consumer goods from that seller:
NO-fie"
ANY HOL-DER OF THIS CONSUMER Cflt,Drr CONTRACT I::; SUSJEC. TO ALL Cl.AlI~S AND DEFENSeS WHICH THE
DEBTOR COULD ASSERT AG.!i.INST THE SELLER OF GOODS OR StJ1VlCES OaTAINED WITH THE PROCEr;r,lS
Ht,REOF, RECOVERY H,"I'lEUNO\:.\1 BY 'niE DEB'rOR SHALL NOT tXCH,D A\1i\OUNTS PAID BY TH~ DI'':BTOR
HU1EUNDErt.
COPY RECEIVED: You acknowledge recelpl 01 a completely fllied-In copy of this Nole und a copy of the Federal Disclosure Slatement
1) OQ a separate sheet.
W,lness: ~. \J. m~ j 1/'VU r_c..-- .4. ~i ;)11 ~ LS. (Seal)
6. SIGNATUR OF PRINClPAL BORROWER
Witness: L,S, (Seal)
SIGNATURE OF OTHER BORROWER
Witness:
L.S. (Seal)
SIGNATURE OF OTHER BORROWER
SEE REVE\'lSE SIDE FOR ADDITIONAL IMPORTANT TERMS
k0001 (3.1-99) PM261 PENNSYLVANIA CeNSUMER DISCOUNT COMPANY ACT
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ACCOUNT NUMBER -I TYPE T DATE FINANCE CI-1ARGE BEGINS TO ACCRUE
13491998 H IF DIFFERENT FROM DATE OF NOTE
MORTGAGOR(S) - DEBTOR(S) (NAMES & ADDRESS)
JESSIC~ A WILLIAMS SECURITY AGREEMENT
152 LAKE PT DR
HARRISBURG, PA 17521
SECURED PARTY - MORTGAGEE (CHATTEL MORTGAGE)
AMERICAN GENERAL FINANCE, INC.
6 SOUTH HANOVER STREET
CARLISLE, PA 17013
Date of Note First Payment Other Payments Final Payment Amount of First Amount of Balloon Amount of Monthly Total Number Term of
and this Mlg Due Date Due on Same Due Date Payment Payment Payment of Payments Loan in
Date of Each Months
12/02/99 01/07/00 Month 12/07/03 $ 201. 42 $ NONE. $ 185.00 4B 4B
ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS
20.99 % $ 2922.06 $ 5974.36 $ B896.42
KNOW ALL MEN BY THESE PRESENTS that the below named Mortgagor(s) hereby mortgages and pledges to the Mortgagee hereinabove
named, (a) that certain motor vehicle(s) described herein: together with a!1 equipment and accessories thereunto now and hereafter attached
and/or (b) the hereinafter described personal property, situated at the address where Mortgagor now resides, as set forth In the her~lnafler
mentioned promissory nole, as security for the payment of a promissory note in the amount,. dale and Ierms stated above, subJect .to
acceleration in time of payment in event of failure of Mortgagor to keep and perfonn certain conditions, provISions and stipUlations, therein and
herein contained. Reference is hereby made to said promissory note now on file in the office of Mortgagee for the particular provIsions thereof.
This mortgage shall also secure any obligations given by Mortgagor to Mortgagee, and any future advances; and for any further indebtedness
which shall hereafter be owing to Mortgagee by Mortgagor; il is contemplaled by the parties hereto thai fulure advances may be made which
shall be secured by the herein described property and by virtue thereof this mortgage is given as security; and as security for the performance
by Mortgagor of each of the covenants and condilions set forth below:
The conditions of this mortgage are as foilows:
To secure payment of all sums due hereunder and under any other obligation given by Mortgagor to Mortgagee, Mortgagor does hereby
granl, convey and mortgage unto said Mortgagee the herein described property to have and to hold the same forever, providod that if said
Mortgagor shall fully pay said Mortgagee all sUms due in cash and shall..keep and truly perform all agreements and covenants herein, this
mortgage shall be void, otherwise to remain in full force and effect. Mortgagor warranls that the tille of said property is vested in Mortgagor free
of all liens and encumbrances. This challel mortgage is given as security for money advanced.
Mortgagor shall keep said property free from all allachmenls, executions, liens, taxes and encumbrances, shall not use the same nor permit it
to be used illegally, tor hire, or in any contest, and shall not remove the automobile from this state or remove the herein describe fumiture from
Ihe 'address Where located on this date without the Mortgagee's wrillen pennission. Neither loss of nor injury to said property shall relieve
Mortgagor from his obligations hereunder. Mortgagee, or the holder of this mortgage, is expressly given the right to go on public or private
property in enforcing any ot Mortgagee's righls hereunder without the same in any manner constituting a trespass against the Mortgagor(s)
herein; consenl to such enlering by Mortgagee on public or privale property is expressly given by Mortgagor(s).
The property described herein shall be at the Mortgago(s risk and Mortgagor shall procure and maintain for the tenn hereof insuranoe
against all physical damage risks at Mortgagor's expense all in such fonn and for such amount as Mortgagee may legally require, the proceeds
thereof to be payable to the Mortgagor and Mortgagee as their interests shall appear. In the event Mortgagor does not secure or maintain such
insurance as Mortgagee may legally require 10 be in effect for the term hereof, the Mortgagee may declare Ihis instrument in default or as
creditor of the Mortgagor may purchase such insurance effective from the beginning of the tenn hereof and at any time, and from time to lime
Ihereafter. although nothing herein contained shall impose upon Ihe Mortgagee the duty so to do and Mortgagee may add the cost thereof to
Mortgagor's indebtedness secured by this instrument; and the Mortgagor agrees to reimburse the Mortgagee for the aclua! cost of such
insurance to the extent the same is not included in Mortgagor's indebtedness owing 10 Mortgagee, the amount of such reimbursement together
with inlerestthereon at an annual percentage rate equivalent to that charged on Mortgagor's indebtedness to constitute an additional Obligation
of th,e Mortgag?r hereunder and 10 be paid in equal instailments over Ihe tenn of Ihe insurance. Nothing contained herein shall be construed to
require yoU to obtain or maintain insurance on household goods.
Mortgagors grant Mortgagee a security interest in any uneamed premiums from any insurance Mortgagor has elected and purchased
through Mortgagee in connection with this transaction which protects. the account or collateral. Mortgagors grant Mortgagee the right, but not
the obligation, 10 cancel such policies in the event of Mortgagor's default, subject to any applicable r.estrictions under state law. If Mortgagee
cancels the insurance, any unearned premium will be credited to this account or refunded to Mortgagor.
Mortgagors, whore authorized by law hereby assign to the Mortgagee any moneys nol in excess of the unpaid balance of indebtedness
which this instrument secures which may become payable under such other insurance including retum on unearned premiums, and dirocts any
insurance company to make payment directly to Mortgagee 10 be applied 10 said unpaid indebtednoss and hereby appoints Mortgagee as
allorney-in-tact to endorse any draft. In the event of default under the tenns of lilis instrument, Mortgagee is aulhorized 10 cancel said
insurance and credit any premium refund received against such unpaid indebtedness. All policies may be retained by Mortgagee,Any
insurance collected by Mortgagee may be 'applied at Mortgagee's oplion to the repair and resloration of said property, or upon the indebtedness
of MortgagOr. Mortgagor agrees to repay Mortgagee on demand any payment made by Mortgagee preselVing or protecting the lien of this
mortgage against allachments, execulions, and other claims of lien, Mortgagor shall pay all filing tees and state slamp taxes.
Mortgagor authorizes the Mortgagee at Mortgagor's expense to execute and file on Mortgagor's behalf a financing statement or statements
or continuations thereof necessary to protect our security interest in the Collateral.
Descriplion of Mortgaged Property now located in or about Mortgagor's premises at the residence set forth above [in addition to the Motor
Vehicle(s)], if any, described herein:
All property listed as security in a certain Federal Disclosure Slatement executed by and delivered to the Mortgagor(s) on even date.
Yeat Make Model Body Type Vehiclo \deni\fication No. N-U No. Cyls.
1995 VW JETTA 3VWVBH1HOSM066953
All of the covenants and obligalions herein contained shall be considered joint and several covenants and obligations of each maker and
co-maker hereof.
IN WITNESS WHEREOF, the Mortgagor(s) have hereunto set their hands and seals on the day written above.
ACCEPTED ~NED
AMERICAN GENERAL FINANCE, INC. ~OP, A. \~LL~
Name of Secured Party
BY ~ \),.~~)
Its A ent ~ Secured Parly Mortgagors
LIABILITY INSURANCE COVERAGE FOR ElODIL Y INJURY
AND DAMAGE TO PROPERlY IS NOT iNCLUDED.
(SEAL)
(SEAL)
UN7051 (5-24-99) Security Agreement
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Jack F. Hur]ey. Jr., Esquire
AttorneyLD. No. 244]4
Dean F. Piermattei, Esquire
Attorney LD. No. 53847
Timo1hy J. Nieman, Esquire
AttorneyI.D. No. 66042
RHOADS & SINON LLP
Oue Sou1h Market Sq., 121h F]oor
P.O. Box] ]46
Harrisburg, PA ]7]08-1146
(717) 233-573]
BAA HARRISBURG, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
CIVIL ACTION NO. 01-4097 EQ
SUSQUEHANNA AREA REGIONAL,
AIRPORT AUTHORITY,
IN EQUITY
Defendant.
MOTION TO DISMISS PLAINTIFF'S
AMENDED MOTION FOR PRELIMINARY INJUNCTION
NOW COMES, Susquehanna Area Regional Airport Authority ("SARAA"), by and
through its undersigned counsel, and files this Motion to Dismiss BAA Harrisburg, Inc,'s
Amended Motion for Preliminary Injunction, stating as follows:
1. Plaintiff BAA Harrisburg, Inc. ("BAAH") initiated this action on July 2,2001. In
its Complaint, BAAH alleges that SARAA improperly terminated the Agreement for
Management, Operation and Maintenance of Harrisburg International Airport and Capital City
Airport (the "Agreement") between the parties.
2. On July 2,2001, this Court heard argument and created a record with respect to
BAAH's Motion for Special Injunction. At that proceeding, counsel for SARAA introduced as
"SARAA Exhibit 1" the Airport Operating Certificate issued by the FAA and currently in effect
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for the operation of the Rarrisburg International Airport ("RIA"). Without a valid FAA Airport
Operating Certificate, an entity, such as BAAH, is prohibited from operating an airport. See 14
C.F.R. SlOl.
3. In obvious recognition that it cannot operate the airport without a valid Airport
Operating Certificate, on July 3, 2001, BAAH filed an Amended Motion for Preliminary
Injunction. In this document, BAAH alleges that SARAA procured the FAA Airport Operating
Certificate through "fraudulent representations to BAAH and concealment of its actions. . .",
(Amended Motion for Preliminary Injunction, ~36), and at the time that application was made,
SARAA did not have sufficient employees to "perform safety, maintenance and operations" at
the Airports, (Amended Motion for Preliminary Injunction, ~44). By making such allegations,
BAAH is necessarily asking this Court to determine whether the FAA Airport Operating
Certificate was properly issued.
4. BAAH is now asking this Court to order SARAA to reverse a decision of the
FAA and have the FAA issue an Airport Operating Certificate so that BAAH can operate the
Airports.
5. Without the proper FAA issued Airport Operating Certificate, BAAH cannot
operate the Airports. Thus, even if this Court were to find that as a matter of state law that
SARAA improperly terminated the Agreement - which it did not - BAAH cannot operate the
Airports with out the FAA Airport Operating Certificate. Since this Court lacks jurisdiction to
issue the Certificate or consider challenges to the issuance of the Certificate, BAAH's Motion
must be dismissed.
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6. This Court lacks jurisdiction to issue the Airport Operating Certificate necessary
for BAAH to obtain the relief that it seeks.
7. The FAA, by issuing the Airport Operating Certificate to SARAA, has already
determined that SARAA can safely operate the airport.
8. In its Amended Motion for Preliminary Injunction, BAAH suggests that the
Airport Operating Certificate was improperly issued. To the extent Plaintiff seeks to challenge
the method by which the Airport Operating Certificate was issued, such challenge must be made
to the FAA, with judicial review by the Federal Courts of Appeals, and not this Court since the
FAA and Federal Courts are vested with exclusive jurisdiction in this area.
9. Federal law preempts conflicting state law with respect to airport and aviation
safety. Since federal law preempts conflicting state law and regulation as it relates to aviation
safety, this Court lacks the authority to issue any order contrary to the FAA's decision to issue
the Airport Operating Certificate to SARAA, including, an order requiring SARAA to overturn
the FAA's decision on who should operate the Airports. As such, BAAH's Amended Motion for
Preliminary Injunction must be dismissed.
10. The irreparable harm alleged by BAAH either no longer exists, is outside the
jurisdiction of this Court, or was waived by BAAH, and, as such, BAAH's Amended Motion for
Preliminary Injunction should be dismissed.
11. Since federal law preempts conflicting state law on issues concerning airport and
aviation safety and since all decisions concerning aviation safety, particularly questions
concerning who can safely operate an airport, are left to the FAA, to be reviewed only by the
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Federal Courts of Appeals, this Court should decline to consider any issues related to airport or
aviation safety and instead defer to the FAA and the Federal Courts of Appeals.
12. BAAH and SARAA have expressly agreed that neither party can recover
consequential damages - such as alleged damages to reputation - in an action under the
Agreement. See (Agreement, ~24.04).1 Since damages to reputation constitute indirect or
consequential damages expressly precluded by the plain language of the contract between the
parties, and, as a matter of law, BAAH cannot obtain injunctive relief on this basis.
WHEREFORE, SARAA respectfully requests that this Court dismiss BAAH's Amended
Motion for Preliminary Injunction on the alleged bases that the FAA improperly issued the
airport operating certificate, aviation safety, and/or harm to BAAH's reputation or goodwill.
RHOADS & SINON LLP
ackF. H ., Jr.
Dean F 'lermattei
Timo y J. Nieman
One South Market Square
P.O. Box 1146
Harrisburg, P A 171 09
(717) 233-5731
Date:V1.t.fU...t f ~ { -;}oo I
Attorneys for Susquehanna Area Regional
Airport Authority
A copy of the Agreement is attached to BAAH's Amended Complaint as Exhibit "A".
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CERTIFICATE OF SERVICE
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I hereby certify that on this 2 day of ~
, 2001, a true and correct copy
of the foregoing Motion to Dismiss Plaintiff's Amended Motion for Preliminary Injunction was
served by means of hand delivery upon the following:
Donald Kaufinan, Esquire
McNees, Wallace and Nurick
100 Pine Street
P.O. Box 1166
lIanisburg,PPl 17108-1166
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Steven E. Grobb, Esquire, I.D.#7589
John DeLorenzo. Esquire. I.D.#7219\1"
Goldberg, Katzman & ShIpman, P.C.
P. O. Box 1268
Harrisburg, PA 17108-1268
(717)234-4161
Attorneys for Defendant
GUNN MOWERY INSURANCE GROUP, INC. FIKIA
PENN PROPERTY AND CASUALTY. INC. AND
GAUGHEN INSURANCE, INC.
PIaintifTh,
COURT OF COMMON PLEAS
CUMBERLAND, COUNTY, PENNSYLVANIA
CIVIL ACTION. EQUITY
NO. 01-3560
v.
MARK T. REILLY. individua11yand REILLY INSURANCE
GROUP, INC.
Defendant.
JURY TRIAL DEMANDED
DEFENDANTS'PRELUMINARYOBJECTIONS
TO PLAINTIFF'S COMPLAINT
\ AND NOW, comes Defendants, Mark Reilly and Reilly Insurance Group, Inc., by and
through counsel, Goldberg, Katzman & Shipman, P.C., who file these Preliminary Objections to
Plaintiffs' Complaint by respectfully stating the following:
1. Plaintiffs filed their Complaint on June 8, 2001.
2. Plaintiffs allege misleadingly and erroneously that all entities, Gunn Mowery
Insurance, Group, Inc. ("Gunn"), Penn Property and Casualty, Inc. ("Penn"), and Gaughen
Insurance, Inc.("Gaughen") are the same. (See Plaintiff's Complaint, attached hereto as Exhibit A,
1[1 and 3),
3. Plaintiffs allege that the Defendant, Mark Reilly, has violated a valid Solicitor
Agreement by engaging in the solicitation of Plaintiffs' clients. (See Exhibit A, 1[16).
4. Plaintiffs allege that they are entitled to an injunction and money damages for these
actions. (See Exhibit A).
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5. Plaintiffs have alleged the following causes of action against Defendants: Breach of
Contract, Unlawful Conversion/Theft of Trade Secrets, Intentional FraudlMisrepresentation,
Breach of Fiduciary Duty, Tortious Interference with Contractual Relationships, Unfair
Trade/Unfair Competition.
COUNTS I AND m AS TO GAUGHEN INSURANCE, INC.
Preliminary Obiection for Lack of Caoacity to Sue
6. The averments contained in Paragraphs 1 through 5 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
7. Pa. R.C,P. 1028(a) provides, in relevant part, "Preliminary objections may be filed
by any party to any pleading and are limited to the following grounds: lack of capacity to sue. , .
"
8. Plaintiff, Gaughen, attempts to bring this action against the Defendants.
9. Paragraph 1 of the Solicitor Agreement (the "Agreement")(Exhibit B) identifies
the parties to the Agreement as Mark T. Reilly and Penn Property and Casualty Inc.
10. Gaughen Insurance is a separate and distinct entity from Penn Property and Gunn
Mowery.
11. The Agreement contains no reference to Gaughen. The Agreement contains no
assignability provision.
12. The Complaint identifies Gaughen as the "producing" arm ofGunn Mowery. (See
Paragraph 3 of Complaint.) No such legal definition or description is recognized under
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Pennsylvania corporate law.
13. Gaughen is a separate legal entity and not party to the contract and therefore, it is
wholly without standing to bring an action for breach of the Agreement.
WHEREFORE, Defendants respectfully request that this Honorable Court dismiss, with
prejudice, Counts I and ill of Plaintiffs' Complaint with respect to Gaughen for lack of capacity
to bring this suit.
Preliminary Obiection for Le!!at Insufficiencv of a Pleadin!! (Demurrer)
14. The averments contained in paragraphs 1 through 13 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
15. Pa.R.C.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: legal insufficiency ofa pleading (demurrer)."
16. Plaintiff, Gaughen, attempts to bring this action against the Defendants.
17. Paragraph I of the Agreement identifies the parties to the Agreement as Mark T.
Reilly and Penn Property and Casualty Inc.
18. Gaughen is a separate and distinct entity from Penn Property and Gunn Mowery.
19. Gaughen is a separate legal entity and not party to the contract and therefore, it is
wholly without standing to bring an action for breach of the Agreement.
WHEREFORE, Defendants respectfully request that this Honorable Court enter a
Demurrer to Counts I and ill of Plaintiffs' Complaint with respect to Gaughen. In the alternative,
Defendants respectfully request that this Honorable Court order Plaintiffs to file a more specific
pleading with regard to this alleged cause of action.
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COUNTS I, n, m, AND IV AS TO DEFENDANT REILLY INSURANCE GROUP, INC.
Preliminary Obiection for Lack of Capacity to Sue
20. The averments contained in Paragraphs 1 through 19 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
21. Pa. R.C.P. 1028(a) provides, in relevant part, "Preliminary objections may be filed
by any party to any pleading and are limited to the following grounds: lack of capacity to sue. . ,
"
22, Plaintiffs attempt to bring this action against the Defendant, Reilly Insurance
Group, Inc.
23. Paragraph I of the Agreement identifies the parties to the Agreement as Mark T.
Reilly and Penn Property and Casualty Inc.
24. Reilly Insurance Group, Inc. is a separate and distinct entity from Mark Reilly and
not party to any contract with Plaintiffs.
25. The Agreement contains no assignability provision.
26. All alleged conduct which is subject of these Counts is separate and distinct from
Reilly Insurance Group, Inc.
27. Reilly Insurance Group, Inc. is a separate legal entity and not party to the contract
and therefore, these Counts can not be sustained against it.
WHEREFORE, Defendants respectfully request that this Honorable Court dismiss, with
prejudice, Counts I, II, ill and IV of Plaintiffs' Complaint with respect to Reilly Insurance Group,
Inc. for lack of capacity to bring this suit.
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Preliminary Objection for Lel!al Insufficiency of a Pleadinl! (Demurrer)
28. The averments contained in paragraphs 1 through 27 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety,
29. Pa.R.C,P. 1028(a)( 4) states, "Preliminary Objections may be filed by any party to
any pleading and are limited to the following grounds: legal insufficiency of a pleading
(demurrer)."
3 O. Plaintiffs attempt to bring this action against the Defendant, Reilly Insurance
Group, Inc.
31. Paragraph 1 of the Agreement identifies the parties to the Agreement as Mark T.
Reilly and Penn Property and Casualty Inc,
32. Reilly Insurance Group, Inc. is a separate and distinct entity from Mark Reilly and
not party to any contract with Plaintiffs.
33. The Agreement contains no assignability provision.
34. All alleged conduct which is subject of these Counts is separate and distinct from
Reilly Insurance Group, Inc.
35. Reilly Insurance Group, Inc. is a separate legal entity and not party to the contract
and therefore, these Counts can not be sustained against it.
WHEREFORE, Defendants respectfully request that this Honorable Court enter a
Demurrer to Counts I, II, III and IV of Plaintiffs' Complaint as to Reilly Insurance Group. In the
alternative, Defendants respectfully request that this Honorable Court order Plaintiffs to file a
more specific pleading with regard to this alleged cause of action.
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COUNT I - BREACH OF CONTRACT
Preliminarv Objection for Lel!al Insufficiencv of a Pleadinl! (Demurrer)
36. The averments contained in Paragraphs I through 35 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
37. Pa.R.C.P. 1028(a)(4) states, "Preliminary Objections may be filed by any party to
any pleading and are limited to the following grounds: legal insufficiency of a pleading
(demurrer)."
3 8. Plaintiffs fail to allege in their Complaint the elements necessary to state a prima
facie case for Breach of Contract in Pennsylvania. Specifically, Plaintiff fails to allege which
clients that Defendants have solicited.
39. Plaintiff also fails to specifically allege which clients/customers have chosen to
place their business elsewhere, namely with Reilly Insurance Group, Inc. do to actions of the
Defendants.
40. Accordingly, by the terms of the alleged Agreement, there has not been a breach of
the contract.
WHEREFORE, Defendants respectfu11y request that this Honorable Court enter a
Demurrer to Count I of Plaintiffs' Complaint. In the alternative, Defendants respectfully request
that this Honorable Court order Plaintiffs to file a more specific pleading with regard to this
alleged cause of action.
Preliminary Objection for Insufficient Snecificity of a Pleadinl!
41. The averments contained in Paragraphs I through 40 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
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42. Pa.R.C.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: insufficient specificity of a pleading."
43. The above referenced Count does not contain sufficient specificity to apprize
Defendants of which clients they alleged solicited.
44. It is not possible for Defendants to prepare a defense to such vague allegations.
WHEREFORE, Defendants respectfully request that this Honorable Court strike this
Count from Plaintiffs' Complaint, or in the alternative that Plaintiffs be required to file a more
specific pleading with regard to these allegations.
COUNT 11- UNLAWFUL CONVERSION/TIIEFT OF TRADE SECRETS
Preliminary Obiection for Lack of Specificity of a Pleading
45. The averments contained in Paragraphs 1 through 44 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
46. Pa.R.C.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: insufficient specificity of a pleading."
47. The above referenced Count does not contain sufficient specificity to apprize
Defendants of specifically which trade secrets were converted or stolen.
48. Additionally, Plaintiffs admit in their complaint that they voluntarily gave
information to Me, Reilly which now they are claiming he stole.
49, While it is impossible for the Defendants to ascertain from the complaint whether
the information that was voluntarily provided to Mr. Reilly is now the "trade secrets" that he
alleged stole, Pennsylvania law requires that the complaining party take steps to safeguard their
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trade secrets.
50. It is not possible for Defendants to prepare a defense to such vague allegations.
51. Moreover, Defendants are required to object to such vague and ambiguous
allegations or Plaintiff may be able to amend its cause of action after the statute of limitations has
expired. See Conner v. Allegheny Gen. Hoso., 501 Pa. 306,461 A.2d 600 (1983).
WHEREFORE, Defendants respectfully request that this Honorable Court strike this
Count from Plaintiffs' Complaint, or in the alternative that Plaintiffs be required to file a more
specific pleading with regard to these allegations.
Preliminarv Obiection for Ll!l!:allnsufficiencv of a Pleadinl! (Demurrer)
52. The averments contained in Paragraphs 1 through 51 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
53. Pa.R.C.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading.and are limited to the following grounds: legal insufficiency ofa pleading (demurrer)."
54. The above referenced Count does not contain sufficient specificity to apprize
Defendants of specifically which trade secrets were converted or stolen.
55. Additionally, Plaintiffs admit in their complaint that they voluntarily gave
information to Mr. Reilly which now they are claiming he stole.
56. While it is impossible for the Defendants to ascertain from the complaint whether
the information that was voluntarily provided to Mr. Reilly is now the "trade secrets" that he
alleged stole, Pennsylvania law requires that the complaining party take steps to safeguard their
trade secrets.
57. It is not possible for Defendants to prepare a defense to such vague allegations.
8
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58. Plaintiff therefore fails to demonstrate that they are entitled to the relief requested.
WHEREFORE, Defendants respectfully request that this Honorable Court enter a
Demurrer to Count IT of Plain tiffs' Complaint. In the alternative, Defendants respectfully request
that this Honorable Court order Plaintiffs to file a more specific pleading with regard to this
alleged cause of action.
COUNT m- INTENTIONAL FRAUDIMISREPRESENTATION
. .Preliminary Objection for Lel!:al Insufficiencv of a Pleadinl!: IDemurrer)
59. The avennents contained in paragraphs 1 through 58 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
60. Pa.RC.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: legal insufficiency ofa pleading (demurrer)."
61. Count III of Plaintiffs' Complaint purports to state a claim for
fraud/misrepresentation.
62. A required element of a claim for fraud is that the maker of an alleged fraudulent
statement intended to induce action by a recipient of an alleged representation.
63. Plaintiffs have failed or refused to allege that the Defendant intended to induce
reliance by anyone on Defendants' alleged representations, or to specifically identify any person
that Plaintiff intended to induce by his alleged representations.
64. Plaintiff generally states that the Defendant stated he would honor an invalid
contract.
65. Such statements can not be fraudulent when later the Defendant learns that the
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Plaintiffs are attempting to extort additional sums of money from him.
66. Plaintiffs have failed or refused to plead Plaintiffs' alleged fraud with particularity,
as required byPa. R.C.P. 1019(b).
WHEREFORE, Defendants respectfully request that this Honorable Court enter a
Demurrer to Count ill of Plaintiffs' Complaint. In the alternative, Defendants respectfully request
that this Honorable Court order Plaintiffs to file a more specific pleading with regard to this
alleged cause of action.
. Preliminary Obiection for Insufficient SDecificitv of a Pleadinl!
67. The averments contained in Paragraphs 1 through 66 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
68. Pa.R.C.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: insufficient specificity of a pleading."
69. The above referenced Count ill does not contain sufficient specificity to apprize
Defendants the elements of this cause of action.
70. It is not possible for Defendants to prepare a defense to such vague allegations.
71. Moreover, Defendants are required to object to such vague and ambiguous
allegations or Plaintiff may be able to amend its cause of action after the statute of limitations has
expired. See Conner v. Alleghenv Gen. Hosp., 501 Pa. 306,461 A.2d 600 (1983).
WHEREFORE, Defendants respectfully request that this Honorable Court strike this
Count from Plaintiffs' Complaint, or in the alternative that Plaintiffs be required to file a more
specific pleading with regard to these allegations.
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Preliminary Obiection for Failure of Pleadinl! to Confonn to Law or Rule of Court
72. The averments contained in Paragraphs I through 71 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
73. Pa.R.C.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: failure of a pleading to conform to law or rule
of court . . . ."
74. Count ill consists ofa claim offraud,
75. Pa. R.C.P. I019(b) requires "Averments of fraud or mistake shall be averred with
particularity. . . ."
76. Plaintiffs have failed to follow this rule of court.
WHEREFORE, Defendants respectfully request that this Honorable Court strike Count
m from Plaintiffs' Complaint, or in the alternative that Plaintiffs be required to comply with the
above rule of court with regard to these allegations.
COUNT IV - BREACH OF FIDUCIARY DUTY
Preliminary Obiection for Lack of Snecificity of a Pleadinl!
77. The averments contained in Paragraphs 1 through 76 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
78. PaRC.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: insufficient specificity of a pleading,"
79. The above referenced Count does not contain sufficient specificity to apprize
Defendants of specifically which duty that he/they breached.
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80. As stated above, Plaintiffs admit in their complaint that they voluntarily gave
information to Mr. Reilly.
81. Plaintiffs later aver that this action was somehow improper.
82. While it is impossible for the Defendants to ascertain from the complaint whether
these actions constitute his breach of fiduciary duty, such behavior does not constitute a breach of
fiduciary duty.
83. It is not possible for Defendants to prepare a defense to such vague allegations.
84. Moreover, Defendants are required to object to such vague and ambiguous
allegations or Plaintiff may be able to amend its cause of action after the statute of limitations has
expired. See Conner v. Allegheny Oen, Hoso.. 501 Pa. 306,461 A2d 600 (1983).
WHEREFORE, Defendants respectfully request that this Honorable Court strike Count
IV from Plaintiffs' Complaint, or in the alternative that Plaintiffs be required to file a more specific
pleading with regard to these allegations.
Prelimil1arv Obiection for Lee:al Insufficiencv of a Pleadine: {Demurrer}
85. The averments contained in Paragraphs 1 through 84 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
86. PaRC.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: legal insufficiency ofa pleading (demurrer)."
87. The above referenced Count does not contain sufficient specificity to apprize
Defendants of specifically how they allegedly breached a fiduciary duty.
88. Additionally, Plaintiffs fail to identifY the duty allegedly breached.
89. The actions complained of in the Complaint, taken as a whole, do not constitute
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breach of fiduciary duty
90. Plaintiff therefore fails to demonstrate that it is entitled to, and indeed it is not
entitled to, the relief sought.
WHEREFORE, Defendants respectful1y request that this Honorable Court enter a
Demurrer to Count IV of Plaintiffs' Complaint. In the alternative, Defendants respectfu1ly request
that this Honorable Court order Plaintiffs to file a more specific pleading with regard to this
alleged cause of action.
COUNT V - TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
Preliminary Objection for Lel!al Insufficiencv of a Pleadinl! (Demurrer)
91. The averments contained in paragraphs I through 90 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
92. PaRC.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the fol1owing grounds: legal insufficiency ofa pleading (demurrer)."
93. Count V purports to state a claim for tortious interference with contractual
relations.
94. The above referenced Count does not contain sufficient specificity to apprize
Defendants of how they interfered with the Plaintiffs' business relationships, if any.
95. The Plaintiffs have failed to aver that Defendants, solicited "without a privilege
to do so, induce[d] or otherwise purposely cause[d] a third person not to (a) perform a contract
with [plaintiff), or (b) enter into or continue a business relation with [plaintiff)." Bid v.
Philadelohia Elec. Co.. 402 Pa. 297, 300-01, 167 A.2d 472,474 (1961). Plaintiff fails to show
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that Defendants acted (1) for the purpose of causing this specific type of harm to Plaintiff, (2) that
such act was unprivileged, and (3) that harm resulted therefrom. See id.
96. Indeed, the Plaintiffs' cannot show they had any contract with any person or entity
which the Defendants alleged interfered with.
97. Plaintiff have failed or refused to identifY one party that was allegedly interfered
with.
98. Plaintiff fails to allege, identify or attach a copy of any specific contract with which
Defendant has interfered.
99. Failure to attach a copy of any such contract is in violation ofPa. R.C.P, lO19(i).
WHEREFORE, Defendants respectfully request that this Honorable Court enter a
Demurrer to Count V of Plaintiffs' Complaint. In the alternative, Defendants respectfully request
that this Honorable Court order Plaintiffs to file a more specific pleading with regard to this
alleged cause of action.
Preliminary Obiection for Insufficient Soecificity of a Pleadinl!
lOO, The averments contained in Paragraphs 1 through 99 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
101. PaRC.P, 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: insufficient specificity of a pleading."
102. The above referenced Count does not contain sufficient specificity to apprize
Defendants of how they interfered with the Plaintiffs' business relationships, if any.
103. The Plaintiffs have failed to aver that Defendants, solicited "without a privilege
to do so, induce[d] or otherwise purposely cause[d] a third person not to (a) perform a contract
14
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with [plaintift], or (b) enter into or continue a business relation with [plaintift]." Bid v.
Philadelohia Elec. Co.. 402 Pa. 297, 300-01, 167 A.2d 472, 474 (1961). Plaintiff fails to show
that Defendants acted (1) for the purpose of causing this specific type of harm to Plaintiff, (2) that
such act was unprivileged, and (3) that harm resulted therefrom. See id.
104. Indeed, the Plaintiffs' cannot show they had any contract with any person or entity
which the Defendants alleged interfered with.
105. Plaintiff have failed or refused to identify one party that was allegedly interfered
with.
106. Plaintiff fails to allege, identify or attach a copy of any specific contract with which
Defendant has interfered.
107. It is not possible for Defendants to prepare a defense to such vague allegations.
108. Moreover, Defendants are required to object to such vague and ambiguous
allegations or Plaintiff may be able to amend its cause of action after the statute of limitations has
expired. See Conner v. Alleghenv Gen. HOSD., 501 Pa. 306, 461 A.2d 600 (1983).
WHEREFORE. Defendants respectfully request that this Honorable Court strike this
Count from Plaintiffs' Complaint, or in the alternative that Plaintiffs be required to file a more
specific pleading with regard to these allegations.
COUNT VI - UNFAIR TRADE/UNFAIR COMPETffiON
Preliminarv Obiection for Lel!:al Insufficiency of a Pleadinl!: IDemurrer)
109. The avennents contained in paragraphs 1 through 108 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
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110. PaRC.P. 1028(a) states, "PreJiminary Objections may be filed by any party to any
pleading and are limited to the following grounds: legal insufficiency ofa pleading (demurrer)."
Ill. Count VI purports to state a claim for unfair trade and competition.
112. The above referenced Count does not contain sufficient averments to allege a
cause of action.
113. The Plaintiffs have failed to aver any meaningful cause of action that is
recognized under Pennsylvania law.
WHEREFORE, Defendants respectfully request that this Honorable Court enter a
Demurrer to Count VI of Plaintiffs' Complaint. In the alternative, Defendants respectfully request
that this Honorable Court order Plaintiffs to file a more specific pleading with regard to this
alleged cause of action.
Preliminarv Obiection for InsufficientSDecificitv of a PleadiDl!
114. The averments contained in Paragraphs 1 through 113 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
115. Pa.R.C.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: insufficient specificity of a pleading."
116. The above referenced Paragraphs do not contain sufficient specificity to apprize
Defendants of how they competed unfairly.
117. Plaintiffs fail to allege or identify any specific unfair trade practice.
118. It is not possible for Defendants to prepare a defense to such vague allegations.
WHEREFORE, Defendants respectfully request that this Honorable Court strike this
Count from Plaintiffs' Complaint, or in the alternative that Plaintiffs be required to file a more
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specific pleading with regard to these allegations.
ALL COUNTS
Preliminary Obiection for Lack of Jurisdiction and Imorooer Venue
119. The avennents contained in Paragraphs I through 118 of Defendants' preliminary
objections are incorporated herein as though set forth in their entirety.
120. PaRC.P. 1028(a) states, "Preliminary Objections may be filed by any party to any
pleading and are limited to the following grounds: lack of jurisdiction. . . improper venue. . . "
121. The Agreement which is the basis for Plaintiffs' Claims contains an arbitration
clause in Paragraph 11 therein.
122. In as much as any of the Counts in the Plaintiffs' Complaint involve causes of
actions not excluded pursuant to Paragraph II of the Agreement, these causes must be
determined by arbitration.
WHEREFORE, Defendants respectfully request that this Honorable Court strike the
Complaint for lack of jurisdiction and improper venue.
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Date:
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Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Jo orenzo, Esqu.
I.D .72190
Steven E. Grubb, Esquire
1D. No. 75897
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
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CERTIFICATE OF SERVICE
On this 13th day ofJuly, 2001, I certify that a copy of the foregoing DEFENDANTS'
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT was served upon the following
counsel of record for Plaintiff by placing the same in the United States mail, first class, postage
prepaid, addressed as follows:
Charles E. Haddick, Ir., Esquire
Marshall & Haddick, P.e.
20 South 36th Street
Camp Hill, PA 17011
GO~T~~C
By t;.
./ YEN E. GRUB ,ESQUIRE
ill #72190
320 Market Street
Post Office Box 1268
Harrisburg, P A 171 08-1268
(717) 234-4161
Attorneys for Defendants
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EXHIBIT "A"
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GUNN MOWERY INSURANCE
GROUP, INC. F/KlA PENN
PROPERTY AND CASUALTY, INC.
AND GAUGHEN INSURANCE, INC.
1023 Mumma Road
Camp Hill, PA 17011-0900
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - EQUITY
Plaintiffs
v.
MARK T. REILLY, individually
815 Surrey Court
Camp Hill, PA 17011
and
REILLY INSURANCE GROUP, INC.
3901 North Front Street
Harrisburg, PA 17110
Defendants
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, come Plaintiffs, Gunn Mowery Insurance Group, Inc., f/k/a Penn
Property and Casualty, Inc.; and Gaughen Insurance, Inc., by and through their counsel,
Marshall & Haddick, P.C., by Charles E. Haddick, Jr., Esquire, and aver the following:
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BACKGROUND
THE PARTIES
1. Plaintiffs, Gunn Mowery Insurance Group, Inc., f/k/a Penn Property and
Casualty, Inc.; and Gaughen Insurance, Inc. (hereinafter "Gunn Mowery" and
"Gaughen"), are Pennsylvania corporations with a principal address as 1023 Mumma
Road, Camp Hill, Cumberland County, Pennsylvania 17011-0900.
2. Gunn Mowery and Gaughen are in the business of selling and marketing
insurance and other financial services products.
3. At all times material hereto, Gaughen served as a producing arm of Gunn
Mowery, and all insurance business which is the subject of this complaint was ultimately
marketed through Gunn Mowery.
4. Defendant, Mark T. Reilly (hereinafter referred to as "Reilly"), is an adult
individual residing at 815 Surrey Court, Camp Hill, Cumberland County, Pennsylvania
17011.
5. Defendant, Reilly Insurance Group, Inc. (hereinafter referred to as "RIG") ,
is a Pennsylvania corporation with a principle place of business at 3901 North Front
Street, Harrisburg, Dauphin County, Pennsylvania 17110.
6. Defendants, Mark T. Reilly and RIG, are engaged in the insurance and
financial services business as a direct competitor of the Plaintiffs.
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THE AGREEMENT
7. On or about August 26, 1992, Gunn Mowery, formerly known as Penn
Property and Casualty, Inc., entered into a valid, written contract under whose terms
Plaintiff hired Mark T. Reilly as a solicitor. A copy of said Solicitor Agreement is
attached hereto and marked as "Exhibit An.
8. Pursuant to the Agreement,
All property and casualty insurance business, including renewals,
produced by the Solicitor during the continuation of this agreement
shall be written through the Agency and if brokered, it shall be done
only in the name of the Agency, and only with the Agency's written
consent.
See Solicitor Agreement @ ~3
9. Also pursuant to the Agreement,
All business produced by the Solicitor may be coded or otherwise
identified to indicate its source of production, however,
notwithstanding such identification, all such business, including the
expiration data and all files and records in connection therewith,
shall be the exclusive property of the Agency and shall continue to
be so after the termination of this agreement, however caused, and
the Solicitor hereby waives and releases all claims of right or
ownership thereto and covenants that he shall not make or retain
copies of such property,
See Solicitor Agreement @ ~4 (emphasis added).
10. Under the Agreement, "all correspondence shall be carried on in the
Agency's name. ..n See Solicitor Agreement at ~5.
11. The Agreement also provides,
The Solicitor agrees that all information governing the insurance of
the Agency's customers (inclusive of those accounts produced by
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the Solicitor) including expiration data in connection therewith is
confidential information and will be treated by him as such, and that
both during and after the term of this contract, however it may be
terminated, he will not, directly or indirectly, make use of such
information or any other confidential information concerning the
Agency's business for his own benefit, nor divulge such information
to any other parties not duly entitled thereto nor retain or create any
lists of the Agency's customers for his own personal use nor reveal
the same to any other party.
See Solicitor Agreement at ~9.
12. The Agreement further states,
In recognition of the fact that the Agency is engaged in a personal
service business involving personal relationships with its
customers, the success of which business is due to continuation of
such personal relationships, the Solicitor does hereby covenant and
agree as follows:
(a) The Solicitor covenants that he will not for a
period of three (3) years, after termination of his
employment with the Agency, directly or indirectly,
solicit or accept any insurance business of any nature
from any of the insurance accounts of the Agency, nor
will he for a period of three years, directly or indirectly,
assist or be employed by any other party in soliciting
or accepting any insurance business or any nature
from any of said accounts.
(b) Notwithstanding the above, the parties hereto
agree that in the event any such customers of the
Agency actively seek out the Solicitor's assistance
and, without the solicitation or interference of Solicitor
request the Solicitor to accept insurance from them,
the Solicitor may, at his discretion, accept said
business. In the event any such business is
accepted, however, the Solicitor agrees to
compensate the Agency by way of paying to the
Agency two (2) times the first year's net commission.
Payment to the Agency shall be made within thirty
(30) days after the effective date of policies in
question written by the Solicitor.
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(c) It is further agreed that in the event of a breach
by the Solicitor of the terms of this provision 10, which
breach shall have been the proximate cause of any
loss of business to the Agency, and in the event a
court of competent jurisdiction shall award damages
to the Agency as a result of such breach, then, it is
agreed by the parties that the measure of such
damages shall be four (4) times the net annual
commissions and/or fees earned by the Agency
during the preceding twelve (12) months from all
insurance written by the Agency for all accounts lost
to the Agency as a result of the Solicitor's actions in
breach of this paragraph, which shall constitute
liquidated damages hereunder.
(d) the covenants contained in this paragraph shall
be construed as independent of any other provisions
in this agreement, and the existence of any other
claim or cause of action by the Solicitor against the
Agency shall not constitute a defense to the
enforcement of the within covenants. The Solicitor
shall and does hereby agree to reimburse the agency
for its expense, including reasonable attorney's fees,
in the enforcement of this provision.
See Solicitor Agreement at 1110.
13. At all times material hereto, and pursuant to the Solicitor Agreement,
Reilly acted as a solicitor for both Gunn Mowery and Gaughen.
REILL V'S SEPARATION FROM GUNN MOWERV AND GAUGHEN
14. Reilly initially tendered his resignation from Gunn Mowery and Gaughen,
effective February 7,2001.
15. At the time of his resignation, Reilly represented to Gunn Mowery and
Gaughen that he fully intended to honor the solicitor agreement, including specifically
5
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the non-compete and anti-piracy agreements contained in Paragraph 10 ofthe
Agreement thereof.
16. Despite this representation, and unbeknownst to Gunn Mowery or
Gaughen, Reilly and RIG solicited and/or accepted business from clients of Gunn
Mowery and Gaughen, in direct violation of the Solicitor Agreement.
17. At all times prior to June 5, 2001, Reilly and RIG represented to Gunn
Mowery and Gaughen his full intention to honor the Solicitor Agreement.
18. On June 5, 2001, contrary to his previous representations, Reilly and RIG
informed Gunn Mowery and Gaughen that he did not intend to honor the solicitor
agreement, including the non-compete and anti-piracy provisions contained in
Paragraph 10 of the Agreement
MISCONDUCT OF REILLY
19. At all times material hereto, in violation of the Solicitor Agreement, Reilly
and RIG have wrongfully converted customer lists, policy expirations, policy renewals,
client underwriting data, and other client contact information which, pursuant to the
Solicitor Agreement, are the lawful possessions of Gunn Mowery and Gaughen.
20. At all times material hereto and prior to June 5, 2001, Reilly represented,
contrary to his conduct, that he fully intended to honor his Solicitor Agreement with
Gunn Mowery and Gaughen, including the non-compete and anti-piracy provisions of
Paragraph 10 of the Solicitor Agreement.
6
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21. Reilly and RIG have engaged in a course of conduct which has included,
in addition to the conduct set forth above, soliciting and accepting business from clients
of Gunn Mowery and Gaughen.
22, As set forth above, the misconduct of Reilly and RIG includes, but is not
limited to the following:
a. wrongful conversion and appropriation of customer lists;
b. wrongful appropriation and conversion of policy expirations;
c. wrongful appropriation and conversion of policy renewals;
d. wrongful appropriation and conversion of underwriting data;
e. wrongful appropriation and conversion of contact information;
f. wrongful appropriation and conversion of trade secrets of Gunn
Mower and Gaughen
g. improper solicitation of clients of Gunn Mowery and Gaughen.
h. improper acceptance of business from clients of Gunn Mowery and
Gaughen;
i. misrepresentation and fraud regarding Reilly and RIG's intention to
honor the Solicitor Agreement at issue;
j. misrepresentation and fraud to clients of Gunn Mowery and
Gaughen to the detriment of Gunn Mowery and Gaughen.
k. unfair methods of trade;
I. improper conversion of client lists and injury to business
relationships of Gunn Mowery and Gaughen;
m. such other improper conduct as discovery in this action may show
relating to the legitimate business interests of Gunn Mowery and
Gaughen.
7
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23. As a direct and sole result of Reilly and RIG's misrepresentations, Gunn
Mowery and Gaughen relaxed their vigilance, failed to take measures to safeguard their
business, and allowed Reilly and RIG continued access to confidential information and
trade secrets, including but not limited to customer lists, policy expirations, policy
renewals, confidential underwriting data, and other confidential client contact
information.
24. The activities of Reilly and RIG, as mentioned above, and the continuance
thereof, have caused and will continue to cause irreparable harm to the Plaintiffs'
business and valuable good will in that:
a. Gunn Mowery and Gaughen have lost and will continue to lose a
substantial and indefinite number of present prospective customers;
b. Gunn Mowery and Gaughen have suffered and will continue to
suffer a substantial and severe loss of profits now and indefinitely in
the future;
c. The aforementioned conduct of Reilly and RIG will continue to
violate the covenant contained in the aforesaid Solicitor Agreement
unless enjoined by this Court.;
d. Gunn Mowery and Gaughen have no adequate remedy at law to
protect its business and property rights and restraint by injunction is
necessary to afford adequate relief.
25. All of the described conduct of Reilly and RIG herein is being done and
has been done willfully, intentionally, and without privilege or legal right to do so.
COUNT I - BREACH OF CONTRACT
26. Paragraphs 1 through 25 and their subparts are incorporated herein as if
set more fully hereto.
8
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27. The conduct of Reilly and RIG, as set forth above, constitutes a
substantial and material breach of his employment agreement with Gunn Mowery and
Gaughen.
28. As a result of the aforementioned breach of contract, the activities of Reilly
and RIG and the continuance thereof have caused and will continue to cause
irreparable harm to the Plaintiffs' business and valuable good will.
29. Plaintiffs have no adequate remedy at law to protect its business and
property rights and restraint by injunction is necessary to afford adequate relief.
WHEREFORE, Gunn Mowery and Gaughen request that This Honorable Court
decree and direct as follows:
1. That an injunction be issued preliminarily and for a period of three
(3) years thereafter, enjoining Reilly and RIG from directly or
indirectly:
(a) Accepting any business from any current or former client of
Plaintiff, Gunn Mowery Insurance Group, Gaughen Insurance, Inc.,
or Reilly while in the employ of Gunn Mowery or Gaughen, or any
officers, agents, subsidiaries, affiliates or other related entity or
representative of such current or former client;
(b) Utilizing for any purpose any client or customer lists of Gunn
Mowery Insurance Group, Inc, Gaughen Insurance, Inc. and/or
Reilly while in the employ of Gunn Mowery or Gaughen;
(c ) Utilizing for any purpose policy expirations and/or renewals
of Gunn Mowery Insurance Group, Inc., Gaughen Insurance, Inc.,
and/or Reilly while in the employ of Gunn Mowery or Gaughen
and/or policy expirations or renewals developed by Defendant
Reilly while in the employ of Gunn Mowery Insurance Group, Inc.
and/or Gaughen Insurance, Inc,
(d) Using for any purpose underwriting data of Gunn Mowery
Insurance Group, Inc" Gaughen Insurance, Inc., and/or Reilly
while in the employ of Gunn Mowery or Gaughen, and/or
underwriting data developed by Mark T. Reilly while in the employ
9
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of Gunn Mowery Insurance Group, Inc. and/or Gaughen Insurance,
Inc.
(e) discussing any insurance or financial services business with
current or former clients of Gunn Mowery Insurance Group, Inc. or
Gaughen Insurance and/or clients or contacts cultivated or
developed by Reilly and Reilly Insurance Group, Inc. while in the
employ of Gunn Mowery Insurance Group, Inc. and/or Gaughen
Insurance.
(f) Using or disclosing to any other person for the benefit of
Defendant Reilly or Reilly Insurance Group, Inc. the business
methods, business policies, procedures, techniques, proprietary
information, trade secrets or any other proprietary or confidential
information, knowledge, process, financial statements,
management reports, client listings, employee listings, operations
and other manuals, contacts, forms, plans, strategies, sales leads,
market information and/or documents of Gunn Mowery Insurance
Group, Inc., Gaughen Insurance, Inc., and/or Reilly while in the
employ of Gunn Mowery or Gaughen and/or such items that may
have been developed by Reilly while in the employ of Gunn
Mowery Insurance Group, Inc. and Gaughen Insurance and/or any
such items, which have been obtained by Defendant Reilly as a
result of Reilly's employment with the Plaintiff.
2. That Defendants Reilly and RIG be required to account to Gunn
Mowery and Gaughen for all profits he has derived from his breach
of contract;
3. That Reilly and RIG be required to reimburse Gunn Mowery and
Gaughen in an amount equally two times first year's net
commission for any business Reilly and RIG did not solicit, but
received, and four times the first year's net commission for any
business actively solicited;
4. That Gunn Mowery and Gaughen be awarded costs and attorneys'
fees;
5. That Gunn Mowery and Gaughen be awarded such other relief as
the Court deems appropriate.
10
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COUNT II - UNLAWFUL CONVERSIONITHEFT OF TRADE SECRETS
30. Paragraphs 1 through 29 and their subparts are incorporated herein as if
set more fully hereto.
31, The aforementioned conduct of Defendants Reilly and RIG constitutes
unlawful conversion and theft of trade secrets.
32. As a result of the aforementioned unlawful conversion and theft of trade
secrets, the activities of Reilly and RIG and the continuance thereof have caused and
will continue to cause irreparable harm to the Plaintiffs' business and valuable good will.
33. Plaintiffs have no adequate remedy at law to protect its business and
property rights and restraint by injunction is necessary to afford adequate relief.
WHEREFORE, Gunn Mowery and Gaughen request that This Honorable Court
decree and direct as follows:
1. That an injunction be issued preliminarily and for a period of three
(3) years thereafter, enjoining Reilly and RIG from directly or
indirectly:
(a) Accepting any business from any current or former client of
Plaintiff, Gunn Mowery Insurance Group, Gaughen Insurance, Inc.,
or Reilly while in the employ of Gunn Mowery or Gaughen, or any
officers, agents, subsidiaries, affiliates or other related entity or
representative of such current or former client;
(b) Utilizing for any purpose any client or customer lists of Gunn
Mowery Insurance Group, Inc. Gaughen Insurance, Inc. and/or
Reilly while in the employ of Gunn Mowery or Gaughen;
(c) Utilizing for any purpose policy expirations and/or renewals
of Gunn Mowery Insurance Group, Inc., Gaughen Insurance, Inc.,
and/or Reilly while in the employ of Gunn Mowery or Gaughen
and/or policy expirations or renewals developed by Defendant
Reilly while in the employ of Gunn Mowery Insurance Group, Inc.
and/or Gaughen Insurance, Inc.
11
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(d) Using for any purpose underwriting data of Gunn Mowery
Insurance Group, Inc., Gaughen Insurance, Inc., and/or Reilly
while in the employ of Gunn Mowery or Gaughen, and/or
underwriting data developed by Mark T. Reilly while in the employ
of Gunn Mowery Insurance' Group, Inc. and/or Gaughen Insurance,
Inc.
(e) discussing any insurance or financial services business with
current or former clients of Gunn Mowery Insurance Group, Inc. or
Gaughen Insurance and/or clients or contacts cultivated or
developed by Reilly and Reilly Insurance Group, Inc. while in the
employ of Gunn Mowery Insurance Group, Inc. and/or Gaughen
Insurance.
(f) Using or disclosing to any other person for the benefit of
Defendant Reilly or Reilly Insurance Group, Inc. the business
methods, business policies, procedures, techniques, proprietary
information, trade secrets or any other proprietary or confidential
information, knowledge, process, financial statements,
management reports, client listings, employee listings, operations
and other manuals, contacts, forms, plans, strategies, sales leads,
market information and/or documents of Gunn Mowery Insurance
Group, Inc., Gaughen Insurance, Inc., and/or Reilly while in the
employ of Gunn Mowery or Gaughen and/or such items that may
have been developed by Reilly while in the employ of Gunn
Mowery Insurance Group, Inc. and Gaughen Insurance and/or any
such items, which have been obtained by Defendant Reilly as a
result of Reilly's employment with the Plaintiff.
2. That Defendants Reilly and RIG be required to account to Gunn
Mowery and Gaughen for all profits he has derived from his breach
of contract;
3. That Reilly and RIG be required to reimburse Gunn Mowery and
Gaughen in an amount equally two times first year's net
commission for any business Reilly and RIG did not solicit, but
received, and four times the first year's net commission for any
business actively solicited;
4. That Gunn Mowery and Gaughen be awarded costs and attorneys'
fees;
5. That Gunn Mowery and Gaughen be awarded such other relief as
the Court deems appropriate.
12
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COUNT III - INTENTIONAL FRAUD/MISREPRESENTATION
34. Paragraphs 1 through 33 and their subparts are incorporated herein as if
set more fully hereto.
35. The aforementioned conduct of Reilly and RIG constitutes intentional
fraud and misrepresentation.
36. Plaintiffs Gunn Mowery and Gaughen relied on the aforementioned fraud
and misrepresentation to their detriment.
37. As a result of the aforementioned intentional fraud and misrepresentation,
the activities of Reilly and RIG and the continuance thereof have caused and will
continue to cause irreparable harm to the Plaintiffs' business and valuable good will.
38. Plaintiffs have no adequate remedy at law to protect its business and
property rights and restraint by injunction is necessary to afford adequate relief.
WHEREFORE, Gunn Mowery and Gaughen request that This Honorable Court
decree and direct as follows:
1. That an injunction be issued preliminarily and for a period of three
(3) years thereafter, enjoining Reilly and RIG from directly or
indirectly:
(a) Accepting any business from any current or former client of
Plaintiff, Gunn Mowery Insurance Group, Gaughen Insurance, Inc.,
or Reilly while in the employ of Gunn Mowery or Gaughen, or any
officers, agents, subsidiaries, affiliates or other related entity or
representative of such current or former client;
(b) Utilizing for any purpose any client or customer lists of Gunn
Mowery Insurance Group, Inc. Gaughen Insurance, Inc. and/or
Reilly while in the employ of Gunn Mowery or Gaughen;
13
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.
(c) Utilizing for any purpose policy expirations and/or renewals
of Gunn Mowery Insurance Group, Inc., Gaughen Insurance, Inc.,
and/or Reilly while in the employ of Gunn Mowery or Gaughen
and/or policy expirations or renewals developed by Defendant
Reilly while in the employ of Gunn Mowery Insurance Group, Inc.
and/or Gaughen Insurance, Inc.
(d) Using for any purpose underwriting data of Gunn Mowery
Insurance Group, Inc., Gaughen Insurance, Inc., and/or Reilly
while in the employ of Gunn Mowery or Gaughen, and/or
underwriting data developed by Mark T. Reilly while in the employ
of Gunn Mowery Insurance Group, Inc. and/or Gaughen Insurance,
Inc.
(e) discussing any insurance or financial services business with
current or former clients of Gunn Mowery Insurance Group, Inc. or
Gaughen Insurance and/or clients or contacts cultivated or
developed by Reilly and Reilly Insurance Group, Inc. while in the
employ of Gunn Mowery Insurance Group, Inc. and/or Gaughen
Insurance.
(f) Using or disclosing to any other person for the benefit of Defendant
Reilly or Reilly Insurance Group, Inc. the business methods,
business policies, procedures, techniques, proprietary information,
trade secrets or any other proprietary or confidential information,
knowledge, process, financial statements, management reports,
client listings, employee listings, operations and other manuals,
contacts, forms, plans, strategies, sales leads, market information
and/or documents of Gunn Mowery Insurance Group, Inc.,
Gaughen Insurance, Inc., and/or Reilly while in the employ of Gunn
Mowery or Gaughen and/or such items that may have been
developed by Reilly while in the employ of Gunn Mowery Insurance
Group, Inc. and Gaughen Insurance and/or any such items, which
have been obtained by Defendant Reilly as a result of Reilly's
employment with the Plaintiff.
2. That Defendants Reilly and RIG be required to account to Gunn
Mowery and Gaughen for all profits he has derived from his breach
of contract;
3. That Reilly and RIG be required to reimburse Gunn Mowery and
Gaughen in an amount equally two times first year's net
commission for any business Reilly and RIG did not solicit, but
14
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received, and four times the first year's net commission for any
business actively solicited;
4. That Gunn Mowery and Gaughen be awarded costs and attorneys'
fees;
5. That Gunn Mowery and Gaughen be awarded such other relief as
the Court deems appropriate.
COUNT IV - BREACH OF FIDUCIARY DUTY
39. Paragraphs 1 through 38 and their subparts are incorporated herein as if
set more fully hereto.
40. The aforementioned conduct of Reilly and RIG constitutes a material and
substantial breach of his fiduciary duty to Gunn Mower and Gaughen.
41. As a result of the aforementioned breach of fiduciary duty, the activities of
Reilly and RIG and the continuance thereof have caused and will continue to cause
irreparable harm to the Plaintiffs' business and valuable good will.
42. Plaintiffs have no adequate remedy at law to protect its business and
property rights and restraint by injunction is necessary to afford adequate relief.
WHEREFORE, Gunn Mowery and Gaughen request that This Honorable Court
decree and direct as follows:
1. That an injunction be issued preliminarily and for a period of three
(3) years thereafter, enjoining Reilly and RIG from directly or
indirectly:
(a) Accepting any business from any current or former client of
Plaintiff, Gunn Mowery Insurance Group, Gaughen Insurance, Inc.,
or Reilly while in the employ of Gunn Mowery or Gaughen, or any
officers, agents, subsidiaries, affiliates or other related entity or
representative of such current or former client;
15
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(b) Utilizing for any purpose any client or customer lists of Gunn
Mowery Insurance Group, Inc. Gaughen Insurance, Inc. and/or
Reilly while in the employ of Gunn Mowery or Gaughen;
(c) Utilizing for any purpose policy expirations and/or renewals
of Gunn Mowery Insurance Group, Inc., Gaughen Insurance, Inc.,
and/or Reilly while in the employ of Gunn Mowery or Gaughen
and/or policy expirations or renewals developed by Defendant
Reilly while in the employ of Gunn Mowery Insurance Group, Inc.
and/or Gaughen Insurance, Inc.
(d) Using for any purpose underwriting data of Gunn Mowery
Insurance Group, Inc., Gaughen Insurance, Inc., and/or Reilly
while in the employ of Gunn Mowery or Gaughen, and/or
underwriting data developed by Mark T. Reilly while in the employ
of Gunn Mowery Insurance Group, Inc. and/or Gaughen Insurance,
Inc.
(e) discussing any insurance or financial services business with
current or former clients of Gunn Mowery Insurance Group, Inc. or
Gaughen Insurance and/or clients or contacts cultivated or
developed by Reilly and Reilly Insurance Group, Inc. while in the
employ of Gunn Mowery Insurance Group, Inc. and/or Gaughen
Insurance.
(f) Using or disclosing to any other person for the benefit of
Defendant Reilly or Reilly Insurance Group, Inc. the business
methods, business policies, procedures, techniques, proprietary
information, trade secrets or any other proprietary or confidential
information, knowledge, process, financial statements,
management reports, client listings, employee listings, operations
and other manuals, contacts, forms, plans, strategies, sales leads,
market information and/or documents of Gunn Mowery Insurance
Group, Inc., Gaughen Insurance, Inc., and/or Reilly while in the
employ of Gunn Mowery or Gaughen and/or such items that may
have been developed by Reilly while in the employ of Gunn
Mowery Insurance Group, Inc. and Gaughen Insurance and/or any
such items, which have been obtained by Defendant Reilly as a
result of Reilly's employment with the Plaintiff.
2. That Defendants Reilly and RIG be required to account to Gunn
Mowery and Gaughen for all profits he has derived from his breach
of contract;
16
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-
3. That Reilly and RIG be required to reimburse Gunn Mowery and
Gaughen in an amount equally two times first year's net
commission for any business Reilly and RIG did not solicit, but
received, and four times the first year's net commission for any
business actively solicited;
4. That Gunn Mowery and Gaughen be awarded costs and attorneys'
fees;
5. That Gunn Mowery and Gaughen be awarded such other relief as
the Court deems appropriate.
COUNT V
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
43. Paragraphs 1 through 42 and their subparts are incorporated herein as if
set more fully hereto.
44. The aforementioned conduct of Reilly and RIG constitutes tortious
interference with multiple contractual relationships between Gunn Mowery and
Gaughen and their many clients, some of whom moved their business to Reilly and RIG
as set forth more fully above.
45. As a result of the aforementioned conduct of Reilly and RIG, important
and long-term contractual relationships have been threatened and in fact damaged to
the detriment of Gunn Mowery and Gaughen, causing substantial loss.
46. As a result of the aforementioned tortious interference with contractual
relations, the activities of Reilly and RIG and the continuance thereof have caused and
will continue to cause irreparable harm to the Plaintiffs' business and valuable good will.
47. Plaintiffs have no adequate remedy at law to protect its business and
property rights and restraint by injunction is necessary to afford adequate relief.
17
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WHEREFORE, Gunn Mowery and Gaughen request that This Honorable Court
decree and direct as follows:
1. That an injunction be issued preliminarily and for a period of three
(3) years thereafter, enjoining Reilly and RIG from directly or
indirectly:
(a) Accepting any business from any current or former client of
Plaintiff, Gunn Mowery Insurance Group, Gaughen Insurance, Inc.,
or Reilly while in the employ of Gunn Mowery or Gaughen, or any
officers, agents, subsidiaries, affiliates or other related entity or
representative of such current or former client;
(b) Utilizing for any purpose any client or customer lists of Gunn
Mowery Insurance Group, Inc. Gaughen Insurance, Inc. and/or
Reilly while in the employ of Gunn Mowery or Gaughen;
(c) Utilizing for any purpose policy expirations and/or renewals
of Gunn Mowery Insurance Group, Inc., Gaughen Insurance, Inc.,
and/or Reilly while in the employ of Gunn Mowery or Gaughen
and/or policy expirations or renewals developed by Defendant
Reilly while in the employ of Gunn Mowery Insurance Group, Inc.
and/or Gaughen Insurance, Inc.
(d) Using for any purpose underwriting data of Gunn Mowery
Insurance Group, Inc., Gaughen Insurance, Inc., and/or Reilly
while in the employ of Gunn Mowery or Gaughen, and/or
underwriting data developed by Mark T. Reilly while in the employ
of Gunn Mowery Insurance Group, Inc. and/or Gaughen Insurance,
Inc.
(e) discussing any insurance or financial services business with
current or former clients of Gunn Mowery Insurance Group, Inc. or
Gaughen Insurance and/or clients or contacts cultivated or
developed by Reilly and Reilly Insurance Group, Inc. while in the
employ of Gunn Mowery Insurance Group, Inc. and/or Gaughen
Insurance.
(f) Using or disclosing to any other person for the benefit of
Defendant Reilly or Reilly Insurance Group, Inc. the business
methods, business policies, procedures, techniques, proprietary
information, trade secrets or any other proprietary or confidential
information, knowledge, process, financial statements,
18
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management reports, client listings, employee listings, operations
and other manuals, contacts, forms, plans, strategies, sales leads,
market information and/or documents of Gunn Mowery Insurance
Group, Inc., Gaughen Insurance, Inc., and/or Reilly while in the
employ of Gunn Mowery or Gaughen and/or such items that may
have been developed by Reilly while in the employ of Gunn
Mowery Insurance Group, Inc. and Gaughen Insurance and/or any
such items, which have been obtained by Defendant Reilly as a
result of Reilly's employment with the Plaintiff.
2. That Defendants Reilly and RIG be required to account to Gunn
Mowery and Gaughen for all profits he has derived from his breach
of contract;
3. That Reilly and RIG be required to reimburse Gunn Mowery and
Gaughen in an amount equally two times first year's net
commission for any business Reilly and RIG did not solicit, but
received, and four times the first year's net commission for any
business actively solicited;
4. That Gunn Mowery and Gaughen be awarded costs and attorneys'
fees;
5. That Gunn Mowery and Gaughen be awarded such other relief as
the Court deems appropriate.
COUNT VI
UNFAIR TRADE/UNFAIR COMPETITION
48. Paragraphs 1 through 49 and their subparts are incorporated herein as if
set more fully hereto,
49. The aforementioned conduct of Reilly and RIG constitutes unfair trade and
unfair business competition.
50. As a result of the aforementioned unfair trade and unfair competition, the
activities of Reilly and RIG and the continuance thereof have caused and will continue
to cause irreparable harm to the Plaintiffs' business and valuable good will.
19
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51. Plaintiffs have no adequate remedy at law to protect its business and
property rights and restraint by injunction is necessary to afford adequate relief.
WHEREFORE, Gunn Mowery and Gaughen request that This Honorable Court
decree and direct as follows:
1. That an injunction be issued preliminarily and for a period of three
(3) years thereafter, enjoining Reilly and RIG from directly or
indirectly:
(a) Accepting any business from any current or former client of
Plaintiff, Gunn Mowery Insurance Group, Gaughen Insurance, Inc.,
or Reilly while in the employ of Gunn Mowery or Gaughen, or any
officers, agents, subsidiaries, affiliates or other related entity or
representative of such current or former client;
(b) Utilizing for any purpose any client or customer lists of Gunn
Mowery Insurance Group, Inc. Gaughen Insurance, Ihc. and/or
Reilly while in the employ of Gunn Mowery or Gaughen;
(c ) Utilizing for any purpose policy expirations and/or renewals
of Gunn Mowery Insurance Group, Inc., Gaughen Insurance, Inc.,
and/or Reilly while in the employ of Gunn Mowery or Gaughen
and/or policy expirations or renewals developed by Defendant
Reilly while in the employ of Gunn Mowery Insurance Group, Inc.
and/or Gaughen Insurance, Inc.
(d) Using for any purpose underwriting data of Gunn Mowery
Insurance Group, Inc., Gaughen Insurance, Inc., and/or Reilly
while in the employ of Gunn Mowery or Gaughen, and/or
underwriting data developed by Mark T. Reilly while in the employ
of Gunn Mowery Insurance Group, Inc. and/or Gaughen Insurance,
Inc.
(e) discussing any insurance or financial services business with
current or former clients of Gunn Mowery Insurance Group, Inc. or
Gaughen Insurance and/or clients or contacts cultivated or
developed by Reilly and Reilly Insurance Group, Inc. while in the
employ of Gunn Mowery Insurance Group, Inc. and/or Gaughen
Insurance.
20
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(f) Using or disclosing to any other person for the benefit of
Defendant Reilly or Reilly Insurance Group, Inc. the
business methods, business policies, procedures,
techniques, proprietary information, trade secrets or any
other proprietary or confidential information, knowledge,
process, financial statements, management reports, client
listings, employee listings, operations and other manuals,
contacts, forms, plans, strategies, sales leads, market
information and/or documents of Gunn Mowery Insurance
Group, Inc., Gaughen Insurance, Inc., and/or Reilly while in
the employ of Gunn Mowery or Gaughen and/or such items
that may have been developed by Reilly while in the employ
of Gunn Mowery Insurance Group, Inc. and Gaughen
Insurance and/or any such items, which have been obtained
by Defendant Reilly as a result of Reilly's employment with
the Plaintiff.
2. That Defendants Reilly and RIG be required to account to Gunn
Mowery and Gaughen for all profits he has derived from his breach
of contract;
3. That Reilly and RIG be required to reimburse Gunn Mowery and
Gaughen in an amount equally two times first year's net
commission for any business Reilly and RIG did not solicit, but
received, and four times the first year's net commission for any
business actively solicited;
4. That Gunn Mowery and Gaughen be awarded costs and attorneys'
fees;
5. That Gunn Mowery and Gaughen be awarded such other relief as
the Court deems appropriate. .
Respectfully submitted,
Date: June 8, 2001
es E. ad' , r., Esquire
Attorney I.D. : 55 66
20 South 36th Street
Camp Hill, PA 17011
(717) 7314800
Attorney for Plaintiffs
MA
21
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VERIFICATION
I, Ted Mowery, principle Gunn Mowery Insurance Croup, Inc., hereby verify
that the facts set forth in the foregoing Complaint are true and correct to the best of my
knowledge, Information and belief.
I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. 94904, relating to unswom falsification to authorities.
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Date; t.,r ~.O J"C I
Ted Mow
Gunn M
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xnl'PlnnnHT'BU9J.'&'W
rnD~Trl ~J nn:nn Tnn~/on/on
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VERIFICATION
I, Ted Mowery, principle of Gaughen Insurance, Inc., hereby verify that the
facts set forth in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief.
I understand that false statements herein are made subject to the penalties of
18 Pa.c.S. ~4904, relating to unsworn falsification to authorities.
Date: ~. 'is' .0 l
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EXHIBIT "B"
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JUN-04-01 MON 12:28 PM
FAX NO, 7177616159
P. 02
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PEloIN PROP),RlY & 0\S0AUlY, :m:::.
SOLICITOR AGREEMENT
'JIlIS l'.GWi'.J:::MI':NT made this 26th day of l\ugust to 1992 by and
J::chvcen Pe..nn Property & Casui:llty, lnc:' having' a principal place of
business at 1023 Mum:na Rood in I.erroyno, Pennsylvania, (het'einaft.er
referred to as t.he Agency) and __..~rk T. .~",illy .' of Ca!!I'. Hill, !.':A.:
(hereinafter re(orr.ed to as the Solicitor).
WHF:HEA.S the solicitor is duly licensed by the state of p<;>=ylvania to
engage in the insurance business for the purposes set forth herein, =d
WHEREJ\S the 'P,gcncy conducts as general insurancG agency business duly
licensed iJ.S such by the state of Pennsylvania, and
WH!~lF.''!\S thO! Agr:ncy desires to retain the Solid tor as an errployce
C'1nd the So 1.i d. tor desir0s to be so retained as an Olnployoo upon the torros
and conditions hereinafter set forth,
New 'l'1Jl.::HEFORE, in consideratIon of the mutual covenants and agree.ments
conta.i.nod hc"rein, tho P<'rties agree as follows:
1. The Agency retains the solicitor as an IWlployee on the t0rros and
conditions hereinafter spccHied, ccmnencing on the 26th day of ~9ust ,
1992. The initial torm or this agreement shall be for a period of one (1)
year conmencing on August 26th.. , 1992, and continuing through
August 26th, 1993, ilIl('Ct:hcr.eatter for-successive twelve (12) month period
'\,n1.0ss either IX,rty shall eloat, to tenninatc the agrc..>QIll0nt as heroi.nafter
providc.'<.l.
2. DurIng tl~ tenn of this agreerr~nt, the solicitor agrees to devote full
working tiUlf; and efforts on behnlf of the Agency and shall diligently and
fai.thfully purslJe the business or the Agoocy. He shall be responsible for
the solicitation nnd production of general property and casualty insurance
business for carrmcrcial and t:Ct'sonal linGS accounts: however, he shan be
free to sol.i.cit ,,11 liMS of ,insuranCe business including life insurance
i1tld related lin(2s of insurance all on belmlf of the agency. He shall be
g0nerully ilvailable to assist.in the servicing of the nCGds of the
nccowits g61~rated and to serve as as liaison between the Agency, its
markets, accounts, and such account executives or errployees as may be
assigned to such accounts in or.der to assist in tho retention of: such
business.
3. 1\11 property and Ci1su<.'llty .insun:ll1ce busi.ness, including ren0Wals,
produced lJY the ~olicitor during the continuation of this agreement shall
Ix: written through the Age."nc'Y and if brokcrocl, it shall be done only in
tho name or: the lv:Jency, and only wIth the Agency's wLitten consent.
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FAX NO, 7177616159
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4. 1\11 busin""" produced by the Soljcitor ll\1l.y be coded or otherwise
id(mtHied to indicate its SOUl~ce of product.ion, however, notwithstanding
slIch idcntHication, all such business, including the expiration data and
all files and .ecords in connection t.herewith, shall be the exclusive
p~.opert.y o[ thl? Agency und fjhall continue to be so afte. tho termination
of thj s ng rc>anent, however caused, nnd the Soli oi tor h<;lreby waives and
releases all claims of right or ownership thereto and covenants that he
"hall no~. rroko or :retain copies of such property.
5. All cmT8spondence shall be carded on in the Agency's name. All
pnll\iul11s sbZ\ll be billed by und shall be owed to the Agency, all check...,
and drafts in pClyll1C'.nt of such prrnri.ums shall be made payable to the
Agent::!, and ull money received in payment of premil.1ll1S or other fees shall
be tumcd OV<?I to the N;jency wi thin 72 hours of receipt in the form
received and depositl?d in the Agency's account.
6. 1\1, full cC111P<'.nsation for the solicitation and production of insurance
busil10GS hereundor and for all. services of every nature rendered by the
Sol i c.il,:or undcr and pursunnt to t.hi.s =ntract, the Agency agrees to
compensate t.he :>olicit.or on the> following basi s:
(cd Por all new pro~rty und casualty business prcxluced by t.he Solicitor,
_fif~.{9~pt <50'li~ of the net. annual comnisJ;;ion actually received by the
agency on such business. "New property and casUc'\lt.y business" shall be
deIined us il'lSUraUCle sold to a person or organization not. then a custcxner
of the lIgency, or of iillot.h0r type 0,[ =vE'rage for cust.ctt\8n:;;
consolidations or: existing coverages into canbination or package poUd.es
sll<lll not be deem:..>d to be n0W lines of business. "Net annual ccmn:lssion"
sh<'lll be defined a'i gross annui1l ca:rmissions less return ccmni.ssions on
property and casualty insurance business, the premi.tnn for which has berm
pnid in fllll and without reljard to =ntingent, bonus or profit-sharing
conmissions..
(b) For <:111 policies writt011 by the Solicitor and renewed by the Agency,
-L.oy.t.y percent .<.4Qll of the comnissions uctually received by the Agency on
uccount oC the rencwa 1 by the l\gency during the term of tIllS contract on
any business [or wl1ieh the Solicitor shall have received a first year
comnission as aforesaid or for which N;jency has agreed with Solicitor for
SOlicitor to provide all ongoing service responsibilities.
<c) ,F01: all new and renewal Ufe and disability business produced by the
soh,;,i tor, ..E!10 l:1.\l.@red porc..~!1.t. (100%) of the net annual ccmnision actually
receIved by the agency on such business. "Net annual corrmission" shall
be defined as gross annual carmissions less retum ccmni.ssions on l.ife and
di,,,ability insul'ance buSiness, the premium for which has been paid in full
and w.ithout regard to contingent, bonus or profit-sharing conrnissions.
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FAX NO, 7177616159
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'tho lvjpnOJ will <Jive t:he SolicItor an E\ccounting of all comllissions d~<? to
tho Solicitor by the ",'ifteenth (15th) day of each month for the buslness
of the preccc.ding month.
7. On all nCM or mnewa 1. business written by the Solicitor, all
Olll:st<:mding aocounts must be paid into the Agency not later than the first
(1st) dF:lyof tho second calchdar month after. the effective date of the
im;ur<mco. IE nol::. paid in by that titre, the same shall be charged to the
account: of thEl Solicitor.
8. MY sums paid to 'the Solicitor pursuant to this agreement shall be
subj<oct to an adjustment in the event that subsequent to said payment the
l\gency shall be l:equircd to pay and roturn premiums on business [or which
tho Solicitor shall have been paid a portion of the premium on such
busi.ness. Tho provisions of thi.s P'lragraph shall continue after the
tennination of the Solicitor.'s employment, however, cau"ed, and the Agency
chaU be entitled to set off against any sums due thc Solicitor such
i;IlUOunt of return corrmissions he shall CMe to the Agency hereunder..
9. The Solicitor agrees tllilt all infol.1l\ation governing the insur.anCG of
the AgencY'13 customers (inclusive of those accounts produCed by the
SOlicitor) including ~Jil:ation data in connection therewiti, is
confidentii1l inCormation and will re tr.eated by him <:1S such, and that both
during and after the term of this contract, however it may be terminated,
he wi 11 not, dir8Ctly or indirectly I make use of such information or any
other confid(,n'l:ial information concerning the Agen<.:y I S business for his
own benefit, nor divulge such information to any ether po"'lrtics not duly
entit1.:.>Q. thcreLo nor retain or create any lists of the Agency's L'UstOffier"
for his own personal use nor reveal the S<Ul\e to any ether po"lrty.
10. In H~cognit.ion of. the fact that the Agency is engaged in a personal
service business involving personul relationships with its custCI1l0rs, the
success oC which busi.ness 1" due to continuation of such per"onzll
relationships, the Solicitor docs hereby covenant and agree as follows:
(a) The Solicitor covenants that he will not for a period of three (3)
y<"..ars, aft.or tcnnilk'ltion of his employment with the Agency, diroctly or
indirectly, solicit or accept any insurance business of !lIlY nature fran
any or the insurance accounts of the Agency, nor will he for a period of
throe Y0~rs, directly or indirectly, assist or re employed by any other
p,"Irty in soliciting or accepting any insurance business of any nature [rem
(lny of siiid accounts.
(b) Notwilhstanding the above, .the parties hereto agree that in the event
;:my such CllstUlI<?rs of the Agency actively seek out the Solicitor's
assistance and, without t.he solicitation or interference of Solicitor
request the Solici.tol:' 'to accept insurance from them, the Solicitor mtly, at
his discretion, accept said business. In the event any such business is
a,~pted, however, tlle Solid tot' agrees to compensate the Agency by way 0[:
J?<lying to tho I\gency two (7.) times the first. year's mt
c0111Tli.ssion. PaynlGnt to the Agency shall bo made within thirty (30) days
after the effective d~te of policies in question written by the
So lici tor.
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(c) It is fu\:ther agreed thElt in the event of a breach by the Solicitor of
the tennfi of thi!> proVision 10, which breach shall have been the proximate
C(luse of (my loss of business to the lIgcncy, and in the event a court of
ccmpctcnt jurisdiction shall award damage.s to the Agency as a result of
such breach, then, it is agreed by the parties that the treasure of such
dNlages shalll.lC four (4) till10s the not annual ccmnissions and/or. fees
earned by the Agency dud ng the preceding twelve (12) months from all
insurance wdtten by the Njcncy for all accounts lost to the llgency as a
result of the Solicitor'!> actions in breach of this paragraph, which shall
consti tute Jiqui dated darnagcs hereunder.
(el) The COV<.'\llffilt.S containoo in this paragraph shall 00 construed as
independent of any other provisions in this agreement, and the existence
of any ather claim or cause 0,( action by the Solicitor against the Agency
shall not. constitut.e a defense to the: enforcement of the within covenants.
'r'he Solicitor shall and does her:eby agree to reimburse the agency for its
eXp2nse, including reasonable attorney's fees, in the en'Eorcement of. this
provision.
(e) Section 11 shall bG waived for cu=snt lines of business for current
clients of the Sol i.citor that are brought to the l\gency by the Solicitor.
l\ sCP0rate record of this business shall be kept by the Solicitor and
rendered by the lIg011cy on the thirtmh (30th) day of March, June,
SeptcmJ:.x:er, and IRcember for approval.
11. Exc'-'Pt for the provisions or paragraph 10 hereof I any controver!>y or
claim sha] 1 b(~ submitted to and determined by arbitration in Cumberland
County, Pennsylvania in accol"dancc with the rules in the l'rnerican
m:-bitration Association. l30th parties agree that the decision rendered by
such arbitrution will 00 binding, conclusive, and final on both sides.
12. This Agre<?ment shall termina.te i.m:nediately upon the death of the
So1.icitoror, at the option of the Agency, after the Solicitor has roon
unable to per.[onll a substant.ial portion (lll3aning 50% or m::>re) of his
l10ntlal and custanary duties for a period of 90 days for any reaSon
including, but not limitoo to, nentul or physical disability. It is
fu\:ther agreed that eithet' party to this Agr.eement may terminate the
lIgl:eement: by gi ving wri tten notice to the other party that such Agr=ncnt
is tE'xminated as of a certain date which shall be exactly thirty (30) days
fron the dat.o such notice is given. Upon the giving of such notice by the
AgE'ncy, 'l,he So Ii ci tor sha 11 cease doi ng busi ness on beha l.f of the Agency
and shall surrcndor all pa.[X?rs, records and property of the l'>'jency
forthwi.th.
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FAX NO, 7177616159
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~~1C Solicitor sh~ll be entitled to such compensation payable to him during
the thirty (30) day period conTI1encing with such notice and ending on the
effoctivG da.to o[ terminat:i.on. subsequent to termination, no compensation
Sbilll bo payable to the Solicitor, regardless of any clam by the
Solicitor for cCllvnsation, salary severance benefits, or other payments.
13. 'Ihe irw~li<lH_y or unenforccability of any provision of this Agreement.
shall not affect th,~ valieHty or enforceability of the rE"!l.'Imining
provil?ion.s, and this agreelnent shall J:,.;, construed as if such invalid or
uncnforc"ablc provisions were cmLtted.
14, Modifications, changes and ~ndments t.o this contract and the
relationship established t.hcr.eby shall be valid only if in written form
and signed by the parties to this Z\greert1Cnt or their authorized agents.
15. This contract supcrcedes all previous oral or written agreements
bc.,'twcon l\.gen~ <md solicitor.
IN WI'I'Nl'SS WHElID)P I the ];Brties have hereunto set thei 17 hands on the date
<lnd year first above Whitten [or the purposes set forth in this contract.
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& Casualty', Inc.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC. :
vs.
No. 01-1606
JESSICA A. WlLLIAMS
ACTION IN EQUITY
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint docketed to number 01-1606.
REIDENBACH & HENDERSON
By: IW?~
Herbert P. Henderson, n, Esquire
Attorney for Plaintiff
36 East King Street
Lancaster, PA 17602
(717) 295-9159
Attorney ID. No. 56304
Date:~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01606 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCE INC
VS
WILLIAMS JESSICA A
KATHY J. CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT IN REPLEVIN
was served upon
WILLIAMS JESSICA A
the
DEFENDANT
, at 1105:00 HOURS, on the 26th day of July
2001
at 5049 RITTER ROAD
MECHANICSBURG, PA 17055
by handing to
JESSICA WILLIAMS
a true and attested copy of COMPLAINT IN REPLEVIN
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
7.80
.00
10.00
.00
35.80
r~~"<#-..4
R. Thomas Kline
07/27/2001
KENNETH REIDENBACH II
Sworn and Subscribed to before
By:
j/~ j c%k
Deput'y Sheriff
me this
. ....
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day of
()"q &~ A.D.
if' { ie,. ) (qAT?
rot onotary
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