HomeMy WebLinkAbout94-01828
.
If)
,.;
~
.3
~
.~
<:
Cl
J
:j
i
,...-.
,~
:
1
;
,
~
-
:II::
0-
N
""
N
a.:
"-
-=<
>-,..
......
~.r
1.oJf..",":':1-t
2;cQ:7.
t...o.....-4,
:...-'=0':-
~? f:~'::;;!.
: ~1V;
~; ~~
i .1).....
,.,0..
. ~
2;L'"
C1
~r~
~
f\,..{
'-
~
\~
-:::t--
\'
~~
.:t.~
-l .-\-. ~
~~~;
.
\
EC;;IRTSrAMA~sCltFI<IN&. M'
1'(' !\;,}\ 1"'..,,1' H.l.CYJ1'
"'"~~~~:~;fl~""" 0 RIG I NAL
.
.
CONSUMERS LIFE INSURANCE
COMPANY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. C;4- 16J-[ ~~ J.Vvyr-J
v.
DEAN W. KEENHOLD and
SANDRA M. KEENHOLD,
Defendants
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the Plaintiffs. 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.
Court Administrator
4th Floor, Cumberland county Courthouse
Carlisle, PA 17013
(717) 240-6200
NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demand a y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus de fens as 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades 0 otros derechos importantes para usted.
.
.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE, SI NO TIDE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL,
Court Administrator
4th Floor, CUmberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
.......,. ,.;., ...
of.-'"
":.,..,,.".!I'\'!;--.:II".:lh
CONSUMERS LIFE INSURANCE
COMPANY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO.
DEAN W. KEENHOLD and
SANDRA M. KEENHOLD,
Defendants
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff Consumers Life Insurance
company by its attorneys, Eckert Seamans Cherin & Mellott, and
files the followinq Complaint:
1. Plaintiff is Consumers Life Insurance company
(hereinafter "consumers"), a Pennsylvania corporation, with it.
principal place of business at 1200 Camp Hill By-Pass, Camp Hill,
CUmberland County, Pennsylvania 17011.
2. Defendants are Dean W. Keenhold (hereinafter
"Keenhold"), and his wife Sandra M. Keenhold, who reside, upon
information and belief, at 2025 Melstone Drive, Virqinia Beach,
Virqinia, 23456.
3. Pursuant to a General Aqent's Contract dated April
12, 1991 (hereinafter "Contract"), Keenhold was appointed a
qeneral aqent of Plaintiff Consumers to solicit, bind, write and
administer insurance on behalf of Plaintiff. A true and correct
.-"- -..
r
i
copy of the Contract is attached hereto and made a part hereof as
Exhibit "A".
4. Pursuant to an Agent's Loan Agreement and Note,
dated April 3, 1991, (hereinafter "Loan Agreement"), Consumers
and Defendants agreed that Keenhold could receive cash loans to
be repaid out of future commissions which he would earn pursuant
to his Contract with Consumers. A true and correct copy of the
Loan Agreement is attached hereto and made a part hereof as
Exhibit "B".
5. The Loan Agreement provides, inter AliA, that "the
agreement shall be enforced in the Common Pleas Court of
CUmberland County, Pennsylvania, or at the election of Company,
where the Agent resides. The Agent, wherever he may be, submits
himself to the personal jurisdiction of the courts of
Pennsylvania. It is agreed by the Agent that the Insurance
commissioner of the state in which the Agent is licensed with the
Company shall be the agent for valid service of process upon all
parties to this agreement." [See Exhibit "B", '111.]
6. On August 13, 1992, Consumers exercised its option
to terminate Keenhold's Contract pursuant to paragraph 22 thereof
and his Loan Agreement pursuant to paragraph 4 thereof. [See
Exhibit "A", 'I 22; See also Exhibit "B", 'I 4.] A true and
-2-
'ilIF
..-...._~ -.-....,
correct copy of the termination notice i. attached hereto and
made a part hereof as Exhibit "CR.
7. Between the effective date of the contract and of
the Loan Agreement and the termination date. thereof, Consumers
advanced substantial sums to Keenhold.
8. The Contract and the Loan Agreement provide that
upon termination of the agreement for whatever cause, the amounts
due Consumers become due and payable by Defendants immediately,
[See Exhibit "A", ! 27; See also, Exhibit "B", ! 5.]
9. The Loan Agreement further provides for interest
at the rate of 1 1/2 percent per month on the unpaid principal
balance owing and any and all accrued interest that may from time
to time be added to the principal balance, commencing on the date
of the Loan Agreement. [See Exhibit "B", ! 5.]
10. The Loan Agreement further provide. that
Defendants agree to pay reasonable attorney's fees, plus all
other reasonable expenses incurred by Consumers in exercisin; any
of its rights or remedies thereunder. [See Exhibit "B", ! 5.]
-3-
.--
---
",'1I"""~.~1'_,,~
11. As of January 31, 1994 the balance owinq under
Defendant's Loan Agreement, with interest, totaled $5,250.14.
Interest continues to accrue at the rate of $ 2.59 per day.
12. Despite repeated written demands, the amount owinq
remains unsatisfied. A true and correct copy of such demand is
attached hereto and made a part hereof as Exhibit "0".
13. Defendants have committed a material breach of the
terms of the Loan Aqreement by failing to repay amounts loaned to
him upon his termination, as agreed to in the Loan Agreement and
Agents' Contract [See Exhibit "A", 'I 27 and Exhibit "B", 'I 5],
and Plaintiff has been damaqed thereby.
14. The amount in controversy does not exceed $20,000.
WHEREFORE, Plaintiff Consumers Life Insurance company
demands judgment in its favor and against Defendants Dean W.
Keenhold and Sandra M. Keenhold, jointly and severally, in the
amount of $5,250.14 as set forth more fully hereinabove, together
with interest at the rate of $ 2.59 per day from January 31,
1994,
-4-
~ED: ~'\ I ~ {qCfLI
ECKERT SEAMANS CBERIN , MELLOTT
!1 J 1~~ \,_
JamesiU1. Kutz, Esquire
Supreme ct. I.D. #21589
Mark D. Bradshaw, Esquire
supreme ct. I.D. #61975
One south Market Square Building
213 Market Street
Harrisburg, PA 17101
(717) 237-6000
Attorneys for Plaintiff
Consumers Life Insurance company
attorney fees, costs of suit, and such other further relief as
this Court may deem appropriate.
VERIFICATION
I, James C. Robertson, an authorized representative of
Consumers Life Insurance company, hereby verify and state that
the facts set forth in the foregoing document are true and
correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. 54904 relating to unsworn verification
to authorities.
C. Robertson
dent
DATE:
6211Ol\
llL'Uf1I1Q/l1.~.tO. '..m..'. II'" ....totlll't @
()
()
CONSUMERS LIFE INSURANCE COMPANY OF NORTH CAROLINA
And
CONSUMERS LIFE INSURANCE COMPANY
EXECUTIVE CfF\CES: 1200 Camp HI ay.p_. Camp 1M. .....lIYH.. 17011
GENERAL AGENTS CONTRACT
CONSUMBRS UFB INSURANCB COMPANY (referred to as the "Company") and,
Dean Keenho 1 d General Agent (referred to u the "General Agent"), who hu offices at _
P.O. Box 222 Mfnisfnk Hflls. PA 18341-0222 hereby agrees u follows:
I. The Company hereby appoints the General Agent with authority and power, subject to the terms, conditions
and limits herein set forth, for the solicitation of applications for Insurance and annuities issued by the Company.
ThIs appointment is limited to the following territory, but is not exclusive In such territory:
N/A
ThIs General Agent appointment shall not give the General Agent exclusive rights; the Company reserves the right 10
appoint other General Agents within said terrllory.
ThIs Agreement supenedes any and all contracts, stipulations and agreements, wrlllen or oral, existing prior to Its
effective date u to all new business transacted on and after such date. No modification of thls Agreement nor waiver of
its provisions shal1 be valid unless it is In writing and signed by Ihe General Agent and an Officer of the Company.
The entire Agreement between Consumen Ufe Insurance Company and the General Agent includes this Agreement
In Its entirety, Commission Schedule
allached hereto and addendum
105% Pro 1
N/A
or rlden N/A
This Agreement shall become effective u of the 12th day of April , 19J1l. when signed by an
authorized individual for the General Agent and an authorized Orticer for the Company.
CONSUMER COMPANY
By:
CONSUMERS LIFE INSURANCE COMPANY OF
NORTH CAROLINA
By:
IJ
2. The General Agent, subject to the approval In each case and under the rules and regulations orthe Company,
shall have authority to recommend agents to the Company. The General Agent agrees to pay agents'lIcense fees charged
by the Insurancc Department or the State or States In which the General Agent Is authorized to operate ror aU Agents
appointed by the General Agent.
3. The General Agent In submitting applications ror agents' appointments. shaU use the printed or written rorms of
agents' contracts supplied by the Company which shall be executed In triplicate and rorwarded to the Company ror
approval. The Company reserves the nght at any time to cancel or rescind the appointment or any such agent ror any
reason whatsoever.
4. (a) Unless otherwise provided, all premiums on policies (or contracts) wrlllen by or through the General Agent,
arter the first premium thereon, shall be collected by the Company.
(b) The General Agent shall be responsible to the Company ror a1i business produced by IlIelr or Its agenll,
employees or other penons under Its supervision.
(c) The General Agent agrees 10 Idemnlry and save the Company harmless rrom any and all expenses, cosll,
causes or action and damages resulting from and In consequence or unauthorized acts or transactions by It, 111 agenll,
employees or other penons under its supervision.
5. (a) The General Agent at his own expense, shall equip and maintain adequate oroce or oroces. ror the
transaction or its business and the Company shaU not be liable ror any such expenses or other promotional expenses
except that the Company will furnish to the General Agent application rorms, specimen policy rorms. together with any
other printed material It, In Its judgment. may deem advisable.
(b) The General Agent shall keep a true and correct record and keep books or accounll on all transactions
arising out or this contract and shaU preserve and hold all documents, correspondence and records which come Into III
possession or under III control relating to the rorm or policies which it Is entitled to solicit, sell and/or Issue for the
Company. The Company as orten as It so desires may make examination or all or the books and records of the General
Agent as it may deem necessary and the General Agent shall do all things necessary to cooperate and assist the Company
In making such examination.
(c) In the event that this contract shall be terminated ror any reason, the General Agent on demand, shall
return to the Company all policies and other printed material then unused and In Its hands and shall make available the
books and records or the General Agent Insorar as they relate to the business or the Company, to enable the Company to
make copies thereor.
6. (a) The General Agent shaD solicit applications for the Insurance and annuities herein mentioned, and use Its
best errorts to promote the business and welrare or the Company. The Company shall prescribe the form, plan and
character or the poUcy or policies ror which applications may be solicited, and may, from time to time, change, or
discontinue any plan, form or character or policy I'{ policies, or contracts now or herearter In use. The Company shall
prescribe the premium rate and policy fees, Ir any. ror such policy or policies, or contracts and may change, decrease or
increase the said rates.
(b) The General Agent shall have no power to make or alter the policy or contract rorms or conditions
contained therein, or waive any or the provisions or conditions thereor, or modlry, alter or waive any or the Company's
rates.
7. (a) The General Agent shall endeavor to promote the Interests or the Company as contemplated by this
contract and shall so conduct Itselr as not to arrect advenely the business. good standing or reputation or Itself or or the
Company.
(b) The General Agent agrees that it WIll not nor wlU it permit any misrepresentation. misleading statement or
Incomplete comparisons to be made by itselr. its agents or employees. orally or by any circulars, advertising matter or
Uterature, which would be detrimental to the Interests or the Company or In violation or any or the laws, rules or
regulations or any Federal, state or City Department or Bureau having Jurisdiction thereor, nor wlU It violate or permit
the violation or any or the rules and regulations or the Company.
(c) Unless the prior written authorization or the Company has been obtained. General Agent shall not use,
permit or cause the Company's name to be used In any advertisement. circular or Uterature.
8. The General Agent shall deliver to the Company such proor or loss or other evldencc or claim as Is presented
and filed by the Insured or his beneficiary. or any other c1almantto the Company, Immediately upon the receipt there or.
9. The General Agent, Its agents and employees. within the territory prescribed, shall be rree to exercise their own
good judgment as to the persons rrom whom they will solicit Insurance contracts and the time and place of solicitation.
but the Company may rrom time to time prescribe the rules and regulation respecting the conduct or the business
covered thereby. which rules and regulation shall be conrormed to by the General Agent, its agents and its employees.
Nothing contained In this contract shall be construed to create the relationship or employer and employee between the
Company and the General Agent or Its agents. or Its employees. The General Agent Is hereby constituted and shall in all
respects continue to be an Independent contractor.
()
o
10. Transmittal of premiums.. deposits or other Cunds received or paid to General Agent for the benefit of the
Company, or In the Company's name. shall be governed by the following paragraph:
(a) The Agency shall remit and transmit to the Company directly and promptly upon receipt, all such funds,
gross, without deduction.
II. The General Agent shall fumlsh and keep In force a Bond of Indemnity executed by a corporate surety
satisfactory to the Company, in such form and in such amount as the Company may require, condllloned for the faithful
performance of this contract and shall Increase the amount of said bond as the Company may require in case the
premium Income of the General Agent becomes such as to require a larger bond.
12. (a) The General Agent agrees that he will not, directly or Indirectly. or In any manner whatsoever. payor
allow, or offer to payor allow, any rebate of the General Agent commissions on any policy or contract issued or
proposed to be issued by the Company.
(b) The General Agent agrees that In the event of the cancellation of any policy or contract by reason of
misrepresentation or misunderstanding, other legal cause, or, by mutual agreement of Company and lruured, that all
commlssloru paid to the General Agent on such poUcies or contracts shall be refunded to the Company and the General
Agent shall have no right or claim to any commissloru on such policies or contracts or damages by reason of any such
rescissioru or cancellallons.
(c) The General Agent shall refund ratably to the Company, on business heretofore or hereafter written,
commissions on cancelled policies at the same rate at which such commissions were originally paid. If the General Agent
Iw succeeded to and carries on an agency formerly conducted by another, the General Agent shall pay return
commissions on retum premiums of such business as was written by the predecessor agency or agents In the same manner
and to the same extent as upon the General Agent's own business, unless the parties hereto have speclOcally othelWise
agreed In wrlllng. In case of Impounding or holding In abeyance of premiums as a result of any court order or rule of any
iruurance Department or other lawful authority. the commissions shall remain In abeyance In the same manner and to
the same extent as the premiums upon which such commissions are payable.
13. No right or interest arising by this Agreement shall be assigned by the General Agent to any other person or
corporallon except by wrillen consent ofthe Company.
14. Forbearance, failure or neglect on the part of the Company to enforce any or all of the provisions of this
contract shall not be construed as a waiver of estoppel of any of the rights or privileges of the Company. A waiver of a
past act or circumstance shall not conslltute or be deemed a course of conduct or waiver of a subsequent act or
circumstance.
IS. The General Agent agrees that it will not knowingly issue or deliver. or permit the Issuance or delivery of any
pollcics of insurance unless the applicant Is In sound health, free from impairment and infirmity and Is an Insurable risk
wllhout special conditions or rating from an underwriting standpoint without the prior wrillen consent of the Company
in each instance. It shall cause each of Its agents and employees to subscribe to and enforce the terms hereof and of all
other provisions of this Agreement pertaining to General Agents. agents and employees.
16. The General Agent agrees that II will abide by all of the laws. rules and regulations of any Federal, State and
City government, department or bureau having jurisdiction or supervision over Insurance and the conduct of such
business in any phases thereof, and failure to comply with any of said laws. rules or regulallons shall conslltute a
viola lion and breach of this contract. Suspension or cancellallon of the license of the General Agent or of one of the
principals, partners or principal officers thereof by any such governmental authorities. shall be cause for Immediate
terminallon of this Agreement.
17. This contract shall be void should the Company cease to do business involuntarily in the territory embraced in
the Contract. The contract shall also become void and Ineffective should the General Agent be unable to perform under
lis terms and condillons by reason of the cancellallon or the denial of a license to it as an agency by an insurance
department having jurlsdicllon over the territory embraced In this contract, the General Agent or the licensed principals
(or partners) thereof. If the General Agent shall fall to comply or perform any of the terms or covenants of this
Agreement. the Company shall give to the General Agent. ten days written notice to remedy the alleged non-compllance
and upon failure to do so within the said ten days, this contract. at the opllon of the Company, shall become void and
ineffecllve.
18. Should a Superintendent of Insurance in the States in which this Company operated, decree or order that the
Company shall cease issuing any form or forms of the contracts or policies herein menlloned. then this contract shall be
void as to such form or forms of contra cis or policies that the Company may be obliged to discontinue. Should any court
of competent jurisdiction make any decision which would prevent the Company from Issuing any form or policy herein
menlloned, then the contract shall be void as to that particular form or forms of contracts or policies. The provisions of
this paragraph shall apply only to the State or territory Involved.
19. The General Agent shall have no power or authority other than as specined in this contract unless specifically
granted by the Company in writing.
20. The General Agent agrees that all applicalions for contracls ur policies solicited by it shall be forwarded to the
(,
l
Company promptly together wilh any other underwriting forms or Information relating to the applicant for the policy
whether nromptly submllled wilh the application or otherwise obtalncd.
21. (a) The Company agrees to pay to the General Agent during the continuance of this agreement and the
General Agent agrees to accept as full compensation for all the services to be rendered by luelf, its agents and employees
to the Company as set forth In this contract (InchlJlve of all costs and expenses of the General Agent, Its agenU and
employees). commissions based upon the premiums collected and pald to the Company on fonns of contracts or policies,
herein mentioned and sold by the Agency as set forth In tile RJder, "Schedule of Commissions", hereto allached.
(b) TIle Company shall have the right to offset against any compensation due the General Agent, any debts
now due or which may become due from the General Agent at any time, and such obligations shall be a nrstllen against
compensation now or hereafter due the General Agent under this Agreement.
I.J.. (a) This contract 'hall continue In force unless the General Agent violates any oflhe terms or breaches any of
the covenan's herein provided for, or unless otherwise terminated. Eltherparty may terminate this contract by giving thirty
(30) days notice in writing to the other. Should this contract be terminated by either party, renewal commissions Ifpay-
able, shall be govemed by separate agreement hereto allached.
23. If the General Agent shall at any time induce any policyholder of the Company to terminate his Insurance
with the Company or to replace it with any other insurer, then the General Agent's Interest In anJ rights to any renewal
commissions or service fees shall Immediately cease and terminate.
24. (a) The General Agent will be paid commissions In accordance with the Commission Schedule which Is made a
p: . of this Agreement. subject to all of the provisions of this Agreement, on premiums paid to the Company in cash on
policies Issued by the Company upon applications procured by the General Agent and/or Agents.
(b) The Commission Schedule. which is made a part of this Agreement, may be changed at any time, but only
with rospectto applications received by the Company after such change.
(c) If a policy. Issued on any applications submitted by the General Agent and/or his Agents, whele the
p.emlum payment exceeds fOlty.flve (45) days past the expiration of the due date, the Genelal Agent shall have no
f\:l<hel I .telcst 0. any kind in such policy If it Is reinstated at any later date, unless the General Agent and/or Agent of
the General Agent effects the reinstatements.
(d) If a policy Is changed or converted to a new policy on an application procured by the General Agent
and/or his Agents or, If a new policy Is Issued and an existing policy on tlte same life Is terminated within six (6) months
',efore or after the issue of the new policy, commissions payable on the new policy shall be determined by our Rules and
Regulations current at the time of such change or new Issue.
(e) Commissions for plans which are not listed In the Commission Srhedule will be quoted in accordance with
our Rules and Regulations.
25. In the event of the termination of this Agreement (for any reason. including death or disability), the General
Agent or his legal representative shall continue to receive commissions In accordance with the Commission Schedule to
the extent that such commissions shall be receivable from premiums on policies through the 10th year plovlded a
minimum of SI00.00 renewal commission is due and payable within a twelve (12) month period; however, If such
termination .occurs within one (1) year from the date of this Agreement, the General Agent or his legallepresentatlve
shall continue to receive only the flrst year commissions as provided for i.n the Commission Schedule.
26. o.lrinC the continuance of this Agreement you will be paid a continued Service Fee on the premium paid in
cash to the Company in accordance with the late as shown in the Commission Schedule.
27. In the event oflhe termination ofthls Agreement for any reason, including death or disability, the General Agent
or his legal representative shall pay to the Company on demand any debit balance carried on the General Agent's account
and any other indebtedness due the Company. If the General Agent Is a Corporation, Partnership or other entity, all prin-
cipals who art "censed with the Company shall be jointly and severally liable to the Company to the same extcntBl the
General Agenl.
Oi\82C
I:vhlhl. '"
AU,IIUI'fGIlllII.W\'ta, ._..... ntll .aa.. <i}
'1
(1
fE:ONSUMEA& ::
CONSUMERS LIFE INSURANCE COMPANY OF NORTH CAROLINA
And
CONSUMERS LIFE INSURANCE COMPANY
EXECUTIVE OFFICES: 1110 Femwood Avenue. Camp Hill. PA 17011
AGENT'S LOAN AGREEMENT AND NOTE
THIS AGREEMENT CREATES A SECURITY INTEREST
ANO LIEN ON AGENrS COMMISSIONS
THIS AGREEMENT ia entered into on the
12th
day 01 April
.19 91
by end between CONSUMERS LIFE INSURANCE COMPANY or CONSUMERS LIFE INSURANCE COMPANY OF NORTH CAROLINA.
Camp Hill. Pennsylvanie ("Company"). end Dean Keenho 1 d (and spouse
or guarantor if so executed).
WHEREAS. Agent hes in lorcewith Compeny an Agent's Contract which authorizes Agent to procure epplicalions lor lile and annuity
insurance which provides for payment of scheduled commissions as premiums Bro paid to tho Company on policies issued pursuant to
such applications (Agent's Contract"): and
WHEREAS. Agent desires to receive cash loans to be secured by such commissions scheduled in the Agont's Contrect;
NOW. THEREFORE. Company agrees to lend to Agent. and Agent promises to repay to Company. the sums describad in this Loan
Agreement and Noto subject to tho terms and conditions contained herein:
1. Amount 01 Loans. Subject to the specific understanding and agreement that compensation 01 the Agent by the Company is
solely by commissions as specified in the Agent's Contract. tha Company hereby agrees to lend the undersigned agent an amount
not to exceed $1.000.00 per case. Subject to such maximum limitations. the amount 01 such loans shall be determined es
lollows:
1.1 The amount of said loans shall be a percentalle of said commission. which percentage the company. in its sole discre.
tion. shall determine. The initial percentaga shall be 40/35 based on the planned periodic premium up to end includ-
ing targot premium,
1.2 The percentage for advances shown above may be changed by the Company by wrinen notice. Any change modo will
apply to subsequent advances.
1.3 From any loans hereunder. there will be deductions taken for the commission collataral1051 on account on lirst year
lapses. applications withdrewn. and policies returned to Company as "not.taken,"
1.4 Thi. Loan Agreament and Note shall not apply 10 insuranca wrinan on the life 01 the Agent or any member 01 Agent's
immediate family.
2, Nature of Loans/Repayment. Agent agrees and understands that all monies advanced hereunder aro neither salary nor an uncon.
ditional obligation owed by the Company for any purposes, and IheAgen. shall remain unconditionally bound to repay such sums either
by direct repayment or direct deduction from commissions in respect to premiums paid to Company or both. Such sums shall first be
charged against and initially repayable from Agent's commissions.
3, Security. The indebtedness evidenced by this Agent's Loan Agreement and Note is secured by a first and superior lien in favor of
Company upon any commissions or other compensation or sums or accounts receivable now due or hereafter accruing to Agent from
Company or from any othar source to secure Agent's performance hereundar and the repayment 01 all sums due Irom Agentto Company
as a resull of loans made hereunder or pursuant to any other Note, loan. or other agreement between Agent and Company.
4. Termination. The Company reserves the right to terminate this loan agreement at any time upon written notice to Agent. Tho
foregoing notwithstanding. the security liens created hereunder and Agent's obligation to repay loans horeunder shall survive any
such termination.
5. Rights Upon Termination. Upon termination 01 Agenrs Contract or this Loan Agreement and Note. for whatever cause, tho sum
equivalent to tho amount due Company hereunder and under any other loan agreement be two en Company andAgenl shall, upon such
termination. become tho PrinCipal Amount owing on this Loan Agreement and shall become due and payable by Agent immediately
upon such terminatIOn. Agent hereby agrees to repay to Company. or order, such Principal Amount. with interest computed on the basis
IAgentl
t.'
()
n
all 360 d~y Yler 19r Ihe IctuII number 01 daya In each lnteresl period IIn Ihe unplld principal balanca (inc:ludlnil any In'd alllccNad
Interelllhll mlY lrom lime 10 lime be added to Ihe principal balance hereof) I,om the date of this Loan Agreemenl and NOle unlll plid. II
thl rele 011 ~'J6 per month on Iha unpaid balsnce owing. P,incipal and inlerest shall be payable Illhe office ollhe Complny. Clmp Hill.
Pennsylvsnll. nret such olher pllce Islhe note holder may deslgnale. Upon thelailure 011 he Agenllo perform Iny obllglllon under thla
Agmamenl.lhe Complny mlY employ one or more aUorneys to enlorce its rig hIs and remadies. and Agent hereby Igrees 10 pay resson-
Ible IIlorney's lies plus III olher ,essonlble e.penses Incurted by the Company in e.erclsing any of Its rig hIs and remedies hereunder.
Complny Ihlll hive no obllgallon 10 seek repayment or collectlny loans !rom any other person or Rnllty belore collecllng Iheloln from
the Agent. Discherge ollny olher person or enlity Irom liability lor a loan shall not affect Agenl's lIabillly under this Agenl's Loan Agrea-
menl Ind NOla.
6. Right of P,epayment. Agenl may prepay Ihe principal amount outstanding in whole 0' in pan. No prepaymenl penalty shall
be cherged.
7. Securlly Ind Sel.DIf. To secu,e the repaymenl to Company 01 all amounts ou1Stlndlng and Ihe performlnce 01 all other
obllgelions 01 Agenllo Company. whether now existing or herealtar srising. Agenl acknowledges and agrees that Company may set-olf
eny Ind III existing or IUlure Imounls Igllnsllny earnad commissions or other sums payeblelo Aganl by Compeny. To lunheraacure
such ,epeyment. Agent hereby esslgne end granls to Complny a security Intarest In all commlsslona end any othe, sums peyeble which
ere now or may Irom time to time hereslter be earned by or owing 10 Agenllrom Company regardless what her such eums are earned ss
Agent commissions or otherwise.
6. Documentallon. At Ihe request 01 Company. Agenl will e.ecute and delivar to Company such promissory notes. or other evidences 01
indebtedness. es Company may request. to lunherdocument Ihe emount outs lending. In sddillon. Agenlagrees to e.ecute. deliver. file.
or record any snd ell nollces. financing ststements. security sgreemenls. ssslgnments or any olher documents which Compeny may
deem necesssry or deslreble to elfact. protect. or perfect Its righl 01 set.off. security interesl end peremount end prior lien In the com-
missions hereinabove esslgned.
9. Assignment. Company may esslgn Its rig hIS under this eddendum. and Agent hereby consents 10 such assignment.
10. Waiver. Presenlment. notice 01 dishonor. end prolest are hereby waived by the Agenl and any surety. guarantor and en-
dorser hereol.
11. Jurisdiction. This Agreemenlls made In Csmp Hill. Pennsylvania. and shall be governed by Ihe laws 01 the Commonweslth 01
Pennsylvania. This Agreemenl shall be enlorced In Ihe Common Pleas Coun 01 Cumbarland County. Pennsylvania. or at the election of
Ihe Company. whsre the Agenl resides. The Agent. wherever he may be. submits himself 10 the personal jurisdiclion 01 the couns of
Pennsylvania. Itls agreed by Ihe Agenl thallhe Insurance Commissioner of the slate In which the Agent Is licensed with the Company
shall be agent lor valid selVlce of process upon all parties to Ihls Agreement.
IN WITNESS WHEREOF. Ihe undersigned parties have executed this Loan Agreemenl and NOle 10 be elfective on the date first
above appearing.
~ONSUMERS LIFE IN
o CONSUMERS LIFE I
Witness
Agent
(SEAL)
(SEAL)
Wilness
Agen s Spouse
ATTEST
CORPORATE AGENT
Name of Corporation
Secretary
BY:
Authorized Ollicer
(SEAL)
Witness
(SEAL)
Guarantor
(Individual guaranteeing loan lor Corporate Agent)
Witness
Guarantor
(Individual guaranleeing loan for Co,porale Agenl)
6/3/68
.I.i'.""IlUQ/lO.....,.,.a:I ,..",... UI" "PC\.ltl @
"""U'II~~'to '_nl." 1111I f1ee'a.ID (i)
~",,""'''''I.Il.''''
';t
~:~I~'km'" "f ,f. cO'",,"'.. ,,,",,cO,' ""'"~
Consumers Life Insurance Company
October 21, 1992
Mr. Dean Weston Keenhold
Deer Head Inn #3
Main Street
Delaware Water Gap, PA 18327
Dear Mr. Keenhold:
As a canceled agent with Consumers, your debit balance has been referred to rne for review.
As of 10/21/92, it !;tands at $5,379.13. Unfortunately, I have determined that this debit will
not earn out, and is therefore due to Consumers according to your Agent's Note and Loan
Agreement. To avoid further actions, please contact me irnmediately at 1-800-933-3018 so
that we can arrange for payrnent of the amount due. Thank you.
Sincerely,
~,. d 7
, " )
A. We- ",,?t it v
Sharon Bixler
Debt Collections
/sab
cc: Ed Smith
l~l'l' C.II111' 11111 liy-J'.I:'", I'll IItl\ ~(l. (.1I1l1' 1I111.1\'nl1..yl\'.lnl.ll;l\'I'l\'~t'
kkTI;~'n\' \.Tl"il i(,!,42W
-:7"
en
-
-
,',
~
~ 'i
. l'- 1)-
~f"\
~'%:
~ ~
~ c)~\()
c
,
,~
C"
<:''''
-.
"C")
-',
.
p
-;1~
-j
.~
~
~
\~
~
.",
-.J
"'"
I~
--.J
f'
- -.
ECKERT SEAMANS CIlERIN &. MElL01T
I' n UO\ 124M
lI"'UH"Hl~Ii(;. IIA liJ{104
(717) :'.17 N'l),1
ORIG'iNAL
CONSUMERS LIFE INSURANCE .
.
COMPANY , I
Plaintiff .
.
.
.
v. .
.
.
.
DEAN W. REENHOLD and .
.
SANDRA M. REENHOLD, .
.
.' Defendants .
.
..
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 1828
CIVIL ACTION - LAW
STUlULATION I'OR BB'l'RY or JUDQHENT
AND NOW, come Plaintiff Consumers Life Insurance
Company together with Defendants Dsan W. Keenhold and Sandra M,
Keenhold who make the following stipulation for entry of
jUdgment I
JUdgment shall be entered in favor of Plaintiff and
against Defendants in the amount of $5,250.14, plus costs,
together with interest at the rate of $2.59 per day from
January 31, 1994 until the date hereof.
Defendants knowingly waive any and all defenses to this
claim following an opportunity to consult with counsel.
2025 Melstone Drive
Virginia Beach, VA.
23456
Defendants
DATBDI J\A.f\.<I. UJ ICJq+
6P354
BeltER'.!! SDNANS ClIBRIH , KBLLOT'l'
~-- <;:;--. /$..""....(.- ,:/""~/
James J. KUtz, Esquire
Supreme ct. I.D. #21589
Mark D. Bradshaw, Esquire
Supreme Ct. I.D. #61975
One South Market Square Building
213 Market Street
HarriSburg, PA 17101
(717) 237-6000
Attorneys tor Plaintiff
consumers Life Insurance Company
CBRTIrICATE or SERVICE
I hereby certify that I am this day serving a copy of
the foregoing document upon the person(s) and in the manner
indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil procedure, by depositing a copy of
the same in the united states Mail, Harrisburg, Pennsylvania,
with first-class postage prepaid, via certified mail, return
receipt requested, as follows:
Dean W. Keenhold
Sandra M. Keenhold
2025 Melstone Drive
Virginia Beach, VA. 23456
ECKERT SEAMANS CBBRIN , MELLOTT
~ Q. ~.Aj<L~
Mark D. Bradshaw, Esquire
Supreme ct. I.D. #61975
One South Market square Building
213 Market Street
Harrisburg, PA 17101
(717) 237-6000
Attorneys for Plaintiff
Consumers Life Insurance Company
DATED: June 27, 1994
69354