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HomeMy WebLinkAbout95-03975 , . . - '.' _ox. ..... . . -- l _l-~ ,l "..:\ .... " .'1_....",.,." ''VAl''~ - . " . ,-- - . ~- . - - - . . . .- '\tu;. ... l-P-." '. 4. On or about March 6, 1989, Mr. Cantor signed American General's standard field representative employment agreement ("the agreement"). 5. Under the agreement, Mr. Cantor agreed to certain terms and conditions, including the obligation to maintain an agency account, and to pay any deficiency in the account as confirmed by American General's audit, including reasonable attorneys' fees and court costs. 6. American General employed Mr. Cantor under the attached agreement until his termination during the week of August 15, 1994. 7. After his termination, American General conducted an audit and/or obtained additional proof confirming that Mr. Cantor left a $5,946.38 balance remaining in his agency account which was due American General. 8. Despite repeated demands, the Cantors have failed and have refused to repay the moneys owed American General from Mr. Cantor's agency account. 9. American General is entitled to six percent statutory interest on its claim since the date it became liquidated, due, and payable: August 15, 1994. WRBRBPORZ, Plaintiff, American General Life and Accident Insurance company, demands judgment in its favor and against Defendants, Lawrence S. Cantor and Twila Cantor, husband 2 and wife, jointly and severally, in the amount of $6,418.91, representing the principal amount of the claim ($5,946.38), six percent annual interest ($327.03) computed thereon from August 15, 1994 through July 15, 1995, and current court costs of $145.50. COUNT II - IMPLIZD-IH-rACT CONTRACT 10. American General incorporates herein by reference paragraphs 1 through 9 above. 11. In the alternative, assuming there was no written agreement between the parties as averred in count I above, there existed an implied-in-fact contract based on the parties' oral and written representations, course of dealing and conduct, and the circumstances surrounding Mr. Cantor's agency account. 12. Under the implied-in-fact contract, the Cantors agreed to repay all deficiencies in Mr. Cantor's agency account after his termination from employment, plus reasonable attorneys' fees and costs. 13. Despite repeated demands, the Cantors have failed and have refused to pay American General's claim, which has been liquidated, due, and owing since August 15, 1994. WRZRZPORZ, Plaintiff, American General Life and Accident Insurance company, demands judgment in its favor and 3 against Defendants, Lawrence S. Cantor and Twila Cantor, husband and wife, jointly and severally, in an amount not to exceed $10,000.00 (exnlusive of interest and costs), thus requiring referral to arbitration under local rule. COUNT III - OUANTUM MZRUIT/UHJU8T ZHRICRNZNT 14. American General incorporates herein by reference paragraphs 1 through 13 above. 15. Alternatively, assuming American General fails to state a claim for either an express or an implied contract as averred in Counts I and II above, American General alleges a cause of action based on the doctrine of unjust enrichment, seeking restitution of the reasonable value of funds retained by the Cantors and identified by American General's audit of Mr. Cantor's agency account. 16. The Cantors have wrongfully secured or have passively received the mutual benefit of the funds from the agency account. After repeated demands, they have failed to make restitution of the reasonable value of such funds (~., $5,949.38). WRZRBPORB, Plaintiff, American General Life and Accident Insurance Company, demands judgment in its favor and against Defendants, Lawrence S. Cantor and Twila cantor, husband 4 ~ ~~ ~, ~ (", ~> :,~.... "'~ ~ ,:..: t--... " -.. lJ --t. . - cf.\ ~ ~ t;..:.;.' C) ~ Ui ..t:. ~ ~ . PI ~-'.~ W :l'" - .. ~< t..o ~ ..., \\ 4 ~/G;r<: ~ I ~l' yfl. '1/~.y~ I 1 J L t" !\~ I-ii ~ J; " - ~ () "':III".IJf' 'i:'( 1/ ..) I J ,) (9 v J vb) J) , 11 t SHERIFF'S RETURN - NOT FOUND CASE NO. 1995-03975 I' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL LIFE & ACCIDE VS. CANTOR LAWRENCE S ET AL R. Thomas Kline to law, says, that he made named defendant, to wit. , Sheriff, who being duly sworn according diligent search and inquiry for the within CANTOR LAWRENCE S but vas unable to locate Him 1n her bailiwick, He therefore returns the COMPLAINT NOTICE NOT FOUND , ae to the w1thin named defendant CANTOR LAWRENCE S DEF. 'S ADDRESS IS 914 WILLCLIFF DRIVE. SEVERAL ATTEMPTS AT SERVICE WERE MADE, BUT NO ONE WAS HOME Sheriff's Costs. Docketing Service Affidavit Surcharge 18.00 7.84 .00 2.00 ,/ er1 e 2'1.1f<f & RAHAL Sworn and sUbBcr1b-:2l?d to before S.io- J this - day of _MZ;;,,~._-, , 19 'If' A.D. ,---\.",- Q 111"2... .llnZ: I I, Prothonotary I ~ .1111,111' Id 'i 11ldl Illl I' f'j Ii 1111' /,. F !Ii I: I ,.,~I.,- iJJ'.i."! I I "MNi'tlW!AI'III 'iF f EllIl:;YI.VldJ I/, , i !lltll"Y i-IF 1_IJl1PEhLAHP .\MI;h II AN,.'"I:ll.I:"AI.Hllf'LL-Mnl'!~ V:~- , tdn"li LAWhrl1CL5_E:T AL.._______ ~,. Tlll\!11aq_JSJ}.!1~'__~__.'_A__""____'_' Shf-Jt-iIf, who bl.?lnq duly sworn GCCOrdlnu t,l' 1.1'01, ::;d,':~~, th.lt ht? mllde a dLlltP~nl n.?orf~,h andlnquiry for the wlt.h.i.n 11,;.."..1 ,j.'!l}nchnt. to vtt.: .J~AlJTQK.kl\.h'B.Glir;..!':_~_,.~___._._________,,,._____... b \I t ..,.. .1;.'; \J 11,j b 1 p t. 0 1 (I r~ ate ..J:li.!.!!_ 1 fl ~H) r b >:l J J 1 \It ll~~ k . He therefore J"clurns I tlt (,, It I PJ,lLLUJ'___.._ .._ . -.--~._-_._----~--_.__.- .,~. /lIlT FflUIH',., ..iG t () thr.. Wl thin n'llHt-;>d dl}J~?ndunt .----------------.---...--..---- I,AWI"'h I.AWF:ElVL ." - _.-.'. -_.__.,---,- _.__.,-_.~._._---_.._-_._---.-._."._.__.~_.,-' PI"I;'l:1I11-"11:1'. 11 VEs",~-;rU1!':.I'!,HEFJLnL:r:"Mf,t\J._E'JD_'\ 1 l-,-",.__,.. _____ -________.._____ :..' t II.:" r 1 f .i ':3 C (1 ;-:,: t_ G 1 !H:ll.vr't 1 nil ~-;t:?I-V 11':,"1" t' f l' J ,i;},: 1 , '~~urr:h;lrn' . (1.00 .00 . lill~ . (~1I So unSWL~I-Ei; .' )",<. .,:' ,-:/(-"" !.~.-:i~-,~, ;i?"...../ /('.....;:) R ~. -- tllj5.ln;~I-s - 'l\l~riil;';- ~- 5fil,i i,:-rrr .~!I':N~ KEEFEh WLJIJD ALLEIl & RAHAL l~'il =::1 11 (J~}5 ::....')1-0 .trill .-;.\Jh7".-:'l'lbl~d t.,l b,",l f (\1"':> mC' t h 1 .: .IS'.!:' .ldY PI O,~~..., 1 q . q~ A, ", n,_I':I~ C'I'~-l'DI~.:ILDpt..,I-"" ~ rj.l.\nnl~r,il'/ AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION--AT LAW LAWRENCE S, CANTOR and TWILA CANTOR, husband and wife, jointly and severally, Defendants NO. 95', 3Q'75 uvj..::t4,... M 0 TIC E YOU HAVE BEEM SUED 1M COURT. If you wish to defend against the claims set for.th in the following pages, you must take action within 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA' 17013 (717) 240-6200 KEEFER, WOOD, ALLEN & RAHAL Dated: =:r/ u:/ 'i;;- TRUE COpy FROM RECOP'I) In Tp,stllnt)n~ whereof, I here unto ~et IIIV h~nd III1d the 1':,11 of said Court al Carlisle, 1'.1, Hri. d7'1~ d f ,/ .I .,;" 'qq. ayo ..~.i.~,. 191:.::> 1 ' .. ':' , . ....., <.-,'1"/,,. 'vi l..- t: W'- ..,.............,";;~...."f., .f:".. ,,",,,- v '. . . . ....... . ......r..........,... 7' -~._- .. ~--._.,.l'talllonotat)o_. ~ra~~nce) , LD. #32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 1710B-1963 (717) 255-8014 ~ ""- Attorneys for Plaintiffs 4. On or about March 6, 19B9, Mr. Cantor signed American General's standard field representative employment agreement ("the agreement"). 5. Under the agreement, Mr. Cantor agreed to certain terms and conditions, including the obligation to maintain an agency account, and to pay any deficiency in the account as confirmed by American General's audit, including reasonable attorneys' fees and court costs. 6. American General employed Mr. Cantor under the attached agreement until his termination during the week of August 15, 1994. 7. After his termination, American General conducted an audit and/or obtained additional proof confirming that Mr. Cantor left a $5,946.38 balance remaining in his agency account which was due American General. 8. Despite repeated demands, the Cantors have failed and have refused to repay the moneys owed American General from Mr. Canto~'s agency account. 9. American General is entitled to six percent statutory interest on its claim since the date it became liquidated, due, and payable: August 15, 1994. WHZRZPORZ, Plaintiff, American General Life and Accident Insurance company, demands judgment in its favor and against Defendants, Lawrence S. Cantor and Twila Cantor, husband 2 and wife, jointly and severally, in the amount of $6,41B.91, representing the principal amount of the claim ($5,946.38), six percent annual interest ($327.03) computed thereon from August 15, 1994 through July 15, 1995, and current court costs of $145.50. COUNT II - IMPLIED-IN-rACT CONTRACT 10. American General incorporates herein by reference paragraphs 1 through 9 above. 11. In the alternative, assuming there was no written agreement between the parties as averred in Count I above, there existed an implied-in-fact contract based on the parties' oral and written representations, course of dealing and conduct, and the circumstances surrounding Mr. Cantor's agency account. 12. Under the implied-in-fact contract, the Cantors agreed to repay all deficiencies in Mr. Cantor's agency account after his termination from employment, plus reasonable attorneys' fees and costs. 13. Despite repeated demands, the Cantors have failed and have refused to pay American General's claim, which has been liquidated, due, and owing since August 15, 1994. WHZRZPORE, Plaintiff, American General Life and Accident Insurance Company, demands judgment in its favor and 3 against Defendants, Lawrence S. Cantor and Twila Cantor, husband and wife, jointly and severally, in an amount not to exceed $10,000.00 (exclusive of interest and costs), thus requiring referral to arbitration under local rule. COUNT III - OUANTUM MERUIT/UNJUST ENRICHMENT 14. American General incorporates herein by reference paragraphs 1 through 13 above. 15. Alternatively, assuming American General fails to state a claim for either an express or an implied contract as averred in Counts I and II above, American General alleges a cause of action based on the doctrine of unjust enrichment, seeking restitution of the reasonable value of funds retained by the Cantors and identified by American General's audit of Mr. Cantor's agency account. 16. The Cantors have wrongfully secured or have passively received the mutual benefit of the funds from the agency account. After repeated demands, they have failed to make restitution of the reasonable value of such funds (~., $5,949.38). WHEREFORE, Plaintiff, American General Life and Accident Insurance Company, demands judgment in its favor and against Defendants, Lawrence S. Cantor and Twila Cantor, husband 4 . Q \~) n (~ ~l ';1 ~.. ~'.- '-- ;/ PI"; . ~;-: ~~} .: ,i='"' ;;'"'C' -. :1'1171 r,. h A' :,'? Rt~ ::'t..' c'!Q "q 0;"-",,,, ;. "'J t<::.... ',)c'~ ". .,.'t... -- ::)1"1 ~.." :c ; .. ,,~ I ~ "'l :l~; 0) ....