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HomeMy WebLinkAbout08-2526IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE : INSURANCE COMPANY, : d/b/a LINCOLN FINANCIAL GROUP Plaintiff, CIVIL ACTION-EQUITY V. BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants. CASE NO. 68 - AS"2L, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las 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 o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP : Plaintiff, CIVIL ACTION-EQUITY V. CASE NO.68 - 71.2 L el c? ? C, `AIL BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, ; Defendants. COMPLAINT FOR EQUITABLE INTERPLEADER Plaintiff, Lincoln National Life Insurance company, d/b/a Lincoln Financial Group, successor to Jefferson-Pilot Life Insurance Company ("Lincoln"), by and through its undersigned counsel, Buchanan Ingersoll and Rooney, PC, hereby files this Complaint for Interpleader against Barry Beinhower, Nancy Rogowicz, Courtny Myers, Nancy Beinhower, and Terri Cassel, as Executrix of the Estate of Clair Beinhower, (collectively "Defendants") pursuant to Pa. R.C.P. 2318, and in support thereof states as follows: PARTIES 1. Lincoln is, and all times material hereto was, a corporation organized under the laws of the State of Indiana, with its principal place of business at 1300 South Clinton Street, Fort Wayne, Indiana 46801, and authorized to do business in the Commonwealth of Pennsylvania. 2. Defendant, Barry Beinhower, is an adult individual with a last known address of 285 Big Springs Road, Etters, York County, Pennsylvania 17319. 3. Defendant, Nancy Rogowicz, is an adult individual with a last known address of 2957 Herrlyn Court, Dallastown, York County, PA 17313. 4. Defendant, Courtny Meyers, is a minor individual and the daughter of Nancy Rogowicz with a last known address of 2957 Herrlyn Court, Dallastown, York County, Pennsylvania 17313. 5. Defendant, Nancy Beinhower, is an adult individual with a last known address of 4831 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 6. Defendant, Terri Cassel as Executrix of the Estate of Clair Beinhower and co- agent for Nancy Beinhower, is an adult individual with a last known address c/o Jacqueline Welby, Esquire, 3511 North Front Street, Harrisburg, Dauphin County, Pennsylvania 17110. 7. Clair Beinhower, deceased, at all times relevant hereto was an adult individual who resided at 7 Columbia Drive, Camp Hill, Cumberland County, Pennsylvania 17011. BACKGROUND 8. On or about August 30, 2006, Clair Beinhower applied for an Annuity Contract with Jefferson-Pilot Life Insurance Company (the "Application") that provided for the payment of annuity proceeds to be distributed following Clair Beinhower's death ("Annuity"). A true and correct copy of the Application is attached hereto as Exhibit "A." 9. The Annuity, with policy number EN5328226, provided a death benefit payable upon the death of Clair Beinhower ("Annuity Proceeds"). 10. The Application names Nancy Beinhower, decedent's wife, as the primary beneficiary of the Annuity. 2 11. Pursuant to a Power of Attorney dated March 6, 2007 ("Power of Attorney"), Clair Beinhower appointed his son, Barry Beinhower, as his agent. A copy of the Power of Attorney is attached hereto as Exhibit "B." 12. On or about March 15, 2007, Barry Beinhower, as agent for Clair Beinhower, submitted a Request for Annuity Service form to Lincoln replacing all prior beneficiary designations and naming Nancy Rogowicz, Courtny Myers, and Barry Beinhower as primary beneficiaries in equal shares of the Annuity. A copy of the Request for Annuity Service form is attached hereto as Exhibit "C." 13. Clair Beinhower died in Cumberland County, Pennsylvania on March 17, 2007. A copy of the Certificate of Death is attached hereto as Exhibit "D." 14. On or about April 9, 2007, Lincoln received a Claimant's Statement for the Annuity requesting payment of the Annuity Proceeds to Barry Beinhower. A true and correct copy of the Claimant's Statement of Barry Beinhower is attached hereto as Exhibit "E." 15. On or about April 30, 2007, Lincoln received a Claimant's Statement for the Annuity requesting payment of the Annuity Proceeds to Nancy Rogowicz. A true and correct copy of the Claimant's Statement of Nancy Rogowicz is attached hereto as Exhibit "F." 16. On or about April 30, 2007, Lincoln received a Claimant's Statement for the Annuity requesting payment of the Annuity Proceeds to Courtny Myers. A true and correct copy of the Claimant's Statement of Courtny Myers is attached hereto as Exhibit "G." 17. On or about April 20, 2007, Lincoln received correspondence dated April 17, 2007, from Jacqueline Welby, Esquire, as counsel for Nancy Beinhower and Terri Cassel as Executrix of the Estate of Clair Beinhower, notifying Lincoln that Nancy Beinhower contested 3 the beneficiaries' rights to collect the Annuity Proceeds. A copy of Ms. Welby's correspondence is attached hereto as Exhibit "H." 18. On or about May 29, 2007, Lincoln received correspondence dated May 24, 2007, from Jacqueline Welby, Esquire, as counsel for Terri Cassel as Executrix of the Estate of Clair Beinhower, notifying Lincoln that Ms. Cassel intended to challenge the validity of the Power of Attorney. A copy of Ms. Welby's correspondence is attached hereto as Exhibit "I." 19. Lincoln notified Barry Beinhower that it received his Claimant Statement and that his claim was being contested on or about April 24, 2007. A copy of Lincoln's April 24, 2007 letter is attached hereto as Exhibit "J." 20. Lincoln notified David W. Myers, FBO Courtny Myers, that it received Mr. Myers's Claimant Statement and that her claim was being contested on or about May 3, 2007. A copy of Lincoln's May 3, 2007 letter is attached hereto as Exhibit "K." 21. Lincoln notified Nancy Rogowicz, that it received her Claimant Statement and that her claim was being contested on or about May 3, 2007. A copy of Lincoln's May 3, 2007 letter is attached hereto as Exhibit "L." 22. On or about June 15, 2007, Lincoln received a Claimant's Statement for the Annuity requesting payment of the Annuity Proceeds to Nancy Beinhower submitted by Terri Cassel and Jeffrey Arnold, as co-agents for Nancy Beinhower. A true and correct copy of the Claimant's Statement of Nancy Beinhower and Financial Power of Attorney of Nancy Beinhower appointing Terri Cassel and Jeffrey Arnold as co-agents for Nancy Beinhower is attached hereto as Exhibit "M." 23. Over the course of several months, Lincoln contacted representatives for Nancy Beinhower and Barry Beinhower to determine whether Defendants could resolve their dispute 4 amicably in order to save the time and expense of an equitable interpleader. To date, Defendants have not reached an agreement with regard to this matter. INTERPLEADER 24. As a result of the Defendants' conflicting claims to the Annuity Proceeds, which Lincoln admits are due to the primary beneficiary(s) of the Annuity, Lincoln can not distribute the proceeds of the Annuity without exposing itself to multiple or conflicting liability and it has no means at this time to make a definite, legal and binding determination as to the proper distribution of the proceeds of the Annuity. 25. Lincoln is ready, willing, and able to deposit the Annuity Proceeds with this Court upon the entry of an order dismissing it from any and all liability under, arising from, or relating to the Annuity, and it offer to so perform upon direction of the Court. 26. Lincoln has not, in any respect whatsoever, colluded with the claimants herein regarding the subject matter of this action and has filed this action solely to avoid potential multiple or conflicting liabilities. 27. By reason of Defendants' conflicting claims, and the filing of this action, Lincoln has incurred in good faith reasonable attorneys' fees and costs, which fees and costs should be ordered by the Court to be paid out of the proceeds of the Annuity. WHEREFORE, Plaintiff, Lincoln National Corporation, d/b/a Lincoln Financial Group, f/k/a Jefferson Pilot Financial, requests that this Court grant the following relief: (a) That Lincoln be permitted to deposit the Annuity Proceeds with this Court to satisfy any judgment or relief entered or awarded by this Court; (b) That, upon such deposit as set forth above, this Court enter an order discharging Lincoln of and from any and all liability arising from or on 5 account of the distribution of any proceeds of Annuity and dismissing Lincoln from this action, with prejudice; (c) That any and all persons, including the Defendants, their assignees, heirs, and successors-in-interest be enjoined temporarily during the pendency of this action and, thereafter enjoined permanently, from instituting and/or prosecuting any action, suit or proceedings in any court whatsoever, for or on account of the proceeds of the Annuity, and on or in connection with the Annuity in any manner; (d) That Defendants be required to make full and complete answer to this Complaint for Equitable Interpleader and to set forth their claims thereto; (e) That this Court determine the respective rights of the Defendants to the Annuity Proceeds; (fl That this Court award Lincoln that amount which Lincoln has incurred in good faith for reasonable attorneys' fees and costs, which fees and costs should be ordered by the Court to be paid out of the proceeds of the Annuity; and 6 (g) That this Court enter all such other and further relief as this Court may deem just and proper. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY, P.C. B 4icole L. r a Attorney I.D. No. 89214 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4820 (phone) (717) 233-0852 (fax) nicole.borda@bipc.com Wendelynn J. Newton Attorney I.D. No. 35163 One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219-1410 (412) 562 8932 (phone) Counsel for Plaintiff Lincoln National Life Insurance Company DATE: April 18, 2008 7 VERIFICATION I, Carol Sineath, AVP of Claims for Lincoln National Life Insurance Company, verify that the statements made 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 unworn falsification to authorities. DATE: Carol Sineath Annuity Application Send Application & Check to: Jefferson-Pilot Life Insurance Company ('Company") Annuity New Business (800) 258-3648, ext 5394; One Granite Place. Concord. NH 03301; or PO Box 515. Concord. NH 03302-0515 Fax 603229.6149 Important Information About Customer Identification 5328226-- Federal law requires all financial institutions. including insurance companies, to obtain, verifyand maintain information that identifies each person who applies for an annuity policy/certificate. The insurance company may use third party sources to verify the information provided. 1. Owner Mate U Female S. Primary Beneficiary Full Name: •M 1. Full Name:' Address: 1 _??4 S.S.N. (Required): e?"'?' / bF S City. _ State: A Zip: +011 _ Relationship: -FL S.S.N.: alp -,;L(. a)oL D.O.B.:af 1,313 'A Citizen of(Country): - Citizen of (Country): 2. Full Name: Phone M f 1 ? 76 1- 7 3 3 S.S.N. (Required): 2. Joint Owner, If any (Non-Qualified Only)1 Male 1 Female _Relationship: Full Name: Citizen of Countr : Address: 6. Contingent Beneficiary City: State: Zip: 1. Full Name: S.S.N.: ?_. D.O.B.: S.S.N. (Required): Citizen of (Country): Relationship: _ Relationship to Owner: Citizen of (Country): 3. Annuitant (if other than Owner) r. Male FI Female 2. Full Name: Full Name: S _S.N LRe uired : Address: Relationship: City: State: Zip: _ Citizen of (Country): S.s.N.: D.0.8.: O o 7. .Premium lCo SD Premium Remitted with Application: Citizen of Countr : L Transfer• A rox Pr i pp . em um: ? 4. Annuity Product Applied For- -" - 116efered Annuity. Product Name% (21-t Preplum Tax Status: U Immediate Annuity (SPIA) Vaud SPIA illustration required: IV Non-Qualified Payment Mode: U M U Q U SA L' A I: 1035 Exchange' Payment Amount: s O IRA Rollover'' D IRA Transfer•' First Payment Date:-. IRA type: C Traditional O Roth C Roth Conversion My agent has explained the impaired risk life payment option L 5EP n Beneficiary for my SPIA (available for premiums of $100.000 or more). IRA contribution: $ Tax Year: Please check one: C Other, Qualified (TSA, 401k, etc. )_ i :I wish to be considered for an impaired Risk SPIA and have submitted medical information for underwriting review. • Attach 1035 exchangefoml(s). OI do not wish to be considered for an Impaired Risk SPIA. • • Attach lifted funds transfer form. 8. Special Instructions: BJF•05650•70 Page 1 of 2 AR.DC.KY.I.A.ME.MI.NM.OH.OK.PA 5/06 9. Owner/Joint Owner Identification We will ask to see your driver's license. passport or other government issued identification that will allow us to venfv vniir irinntity Check one form of ID: Individual Owner Non-Indlyidual Owner river's License 1-1 Certified Articles of Incorporation n Passport n Partnership Agreement ? Other ? Trust Doct?gient 1-130- fJ?- ID Number State/Country of Issuance ! 0? ID Expiration Da Joint Owner, N any Check one form of ID: Individual Owner Non-individual Owner f') Driver's License I' I Certified Articles of Incorporation, I ' Passport n Partnership Agreement t ? Other n Trust Document ID Number State/Country of issuance ID Expiration Dale rxx oil onriuny paicy/ cer uncoie owneu uy a corporation. association, partnersnip or trust, customer identification may require that articles of incorporation, partnership agreement or trust document be provided to us. Such documentation will be retained solely for the purposes of customer identification and we accept no responsibility for the enforcement or administration of any of the terms thereof. 10. owner's statement: The Owner(s) understands and agrees that: 1. The above statements and answers are true. complete. and correct to the best of his or her knowledge and belief. 2. The statements made shall form the exclusive basis of any annuity issued hereon. 3. Checks must be made payable to the life insurance company. not to the agent. The canceled check is your receipt. 4. Only a Company officer can make. modify, discharge, or waive any of the Company's rights. 5. Under penalties of perjury, the Owner(s) certifies that: (1) the Social Security Number(s) or Federal Tax Identification Number(s) reported above for the Owner(s) is the correct number (or the Owner(s) is waiting for a number to be issued); and (2) the Owner(s) is not subject to backup withholding either because (a) the Owner(s) has not been notified by the Internal Revenue Service (IRS) that the Owner(s) is subject to backup withholding as a result of a failure to report all interest or dividends, or (b) the IRS has notified the Owner(s) he or she is no longer subject to backup withholding. 6. Placing an annuity in a tax qualified retirement plan (e.g., an IRA) will result in no additional tax advantage from the annuity. 7. Any person who knowingly, and with Intent to defraud any Insurance company or other person, flies an application for Insurance or statement of clalm containing any materially false Infomnatktn or conceals for the purpose of misleading Information concerning any fact material thereto commits a fraudulent act, which Is a crime and subjects such person to criminal and civil penalties. Do you have any existing life insurance or annuities? e-les ? No Is the annuity applied for intended to replace or change exisiting insurance or annuities? If yes, complete the appropriate Notice Agiarding Replacement form for your state. pplication Signed in: State rr - 3v16? i nature of Owner Date. + Signature of Joint Owner. it any Signature of Annuitant (if other than Owner) Date Date 11. Writing A Statement ? Yes LAo To the best of my knowledge, the annuity applied for is intended to replace or change existing life insurance or annuities. If replacement or change is involved. 1 have attached copies of Comparison and Notice //Statements and a list of companies involved, as required. LlfYes L? No I personally met with the Owner(s), reviewed the government issued identification described above and verified to the best of my knowledge. that it accurately reflects the identity of the Owner(s). If Owner(s) is a Ines o st entity. I reviewed documentation confirming the entity's legal status and state of formation. +,,?-•. v o u C. X7.3 7? 7 i n re of Wr gent Da State License # tit required) ".o Ming Agent (print Agency Name Agent's E•ma;l Address BJF•05650.70 Page 2 of 2 AR.DC.KY.LA.ME.MI.NM.0H.OK.PA 5/D6 CJ Yes 4 tr e?1216266[12?0- - Writing Agent Social Security Number or Agent Number C-7 1-11 ) _.;M 3-O L -Rio b Agent Phone M JEFFERSON PILOT Of" CH O1 CESM ANNUITY SERIES Disclosure Statement Signature Page Flexible Premium Deferred Annuity Mincoln JEFFERSON PI LO'r FnancG1Group• , 0 FINANCIAL Jefferson Pilot financial is now Lincoln Financial Group Issued by Jeffelson•Pkt We Insurance Company (Jefferson•Pllot Ufe), Greensboro, NC Annuity New Business: PO Box 515, Concord. NH 03302.0515 Product Selection (check one): 0-110F OptiChoice 5 Annuity Policy Owner/Applicant's Statement O JPF OptiChoice 7 Annuity Policy I affirm that 1: d. O JPF OptiChoice 9 Annuity Policy • Have paid S A'0 , to purchase the annuity policy selected above from Jefferson-Pilot Life. • Have sufficient cAsh or other liquid assets for living expenses and unexpected emergencies, such as medical expenses, in excess of the premium I am paying for this annuity. • Understand that: The policy provides a choice between a fixed interest account and indexed interest accounts. Jefferson-Pilot Life may not offer any one of the indexed accounts; however, a minimum of two indexed accounts are guaranteed to be offered during the surrender charge period. For the Fixed Account the fixed interest rate for new policies is currently .................................................... For the 1-Year Point-to-Point Indexed Account (Indexed Account A) the indexed interest cap for new policies is currently ............................................... ................. ... . . .. .......................................................... %. For the 1-Year Monthly Cap Indexed Account (Indexed Account B) the monthly indexed cap for new I? policies is currently ......................................................................................................................................1-t n For the 1-Year Monthly Average Indexed Account (Indexed Account C) the indexed interest spread for new policies is currently .................... ........... .:........................................ %. r, The actual fixed interest rate, indexed interest cap, monthly indexed cap and indexed interest spread for the first policy year/indexed term will be the fixed interest rate, indexed interest cap, monthly indexed cap and indexed interest spread in effect on the day my policy is issued. After the first policy year. Jefferson-Pilot Life will declare a new fixed interest rate for each subsequent policy year. After the first policy year, Jefferson-Pilot Life will declare a new indexed interest cap, monthly indexed cap and indexed interest spread for each subsequent indexed term, depending on indexed account availability. • Understand that the policy is a long-term policy with substantial penalties for early surrenders. • Understand that the policy is not a registered security or stock market investment and does not directly participate in any stock or equity investment. or index. • Understand that only the interest earned in an indexed account is linked to the S&P 500 Index. • Understand that the S&P 500 Index is a price index and does not reflect dividends paid on the underlying stocks. • Understand that the final decision regarding the allocation of monies between the Fixed Account, the 1-Year Point-to-Point Indexed Account, the 1-Year Monthly Cap Indexed Account and the 1-Year Monthly Average Indexed Account is mine, based on my individual situation, needs and goals. Understand that if I place an annuity in an IRA or other tax qualified plan, I will receive no additional tax advantage from the annuity. • Have read and understand the Client Brochure. Facts-At-A-Glance and Examples of Market Value Adjustment (MVA) and Surrender Charge Calculations. • Have read and understand the Disclosure Statement and kept a copy. • Believe that this annuity policy is a suitable product for my financial needs. • Have chosen my account allocation percentages as indicated below. Account Allocation Percentages ((1), (2),(3) and (4) must be whole numbers and total 100%): (1) Fixed Account % (3)1-year Monthly Cap (Indexed Account 8) 5b % -Year Point-to-Point (Indexed Account A) -? % (4)1-Year Monthly Average (Indexed Account C) Date 4. 3e % G Joint Owner's Signature (if applicable) Date Agent's Statement I certify that I have: Read this Jefferson Pilot OptiChoice Disclosure Statement, Producer Guidelines, Client Brochure, Facts-At-A-Glance, Examples of Market Value Adjustment (MVA) and Surrender Charge Calculations and State Variations Supplement form. Given and explained to the Owner/Applicant (and Joint Owner, if any) the Client Brochure, Facts-At-A-Glance and Examples of Market Value Adjustment (MVA) and Surrender Charge Calculations. • and explain o the Owner/Applicant (and Joint Owner, if any) the Disclosure Statement. Made n state nt th is inc sistent with the D' osure Statement, nor have I made any promises about expected uture ' ed inc rest to ind a interest ca mont indexe s nd indexed interest spreads of the nnuity policy. Ag$nt' ignature Agent's Printed Nab Date Distrib ion: Origmal - AnnulNew Business; Copy Page FA-05322 Annuity - Owner/Applicant 5/06 1 N ANCY F, BEINHOWER 7 CEO OR d6 CAMP ?,PA irou ?+u ?m 113Ylolhf (0? ?. PNCBANK Premium Fp? 532826 ? P130 11 101131i738i, I,,p Vw Dolbri WOW 4? 1004 m? r Assembly Instructions Policy Number EN5328226 Insured CLAIR W BEINHOWER Agency Office 7G100 MARKET SHARE INC Agent 2080526 ROCCO CAPUANO Documerge Inclusion List AF606GP A60611 GP A6063A5GP A60613GP A60638GP AE119GP A6063CGP AE170GP A6063DGP AE198GP A6064GP AB606GP A6065GP A6067GP A6069GP Documerge Generated List COVER.SHEET JPF01780 Frame Number: 05-606GP Manual Pull List 05-606G P Special Instructions Assembly Errors Short Name XJNQL05G Plan Code 403XJEOG ASSEMBLY B MAR-iG-2097 11:49 From:SEA 7177G74790 To:CNC Ri9htFax P.5/11 ter. . ?. - - - ..rr.....w_ r " NOTICE TIIE PURPOSE OF THIS POWER OF ATTORNEY JS TO GIVE TEE PERSON YOU DESIGNATE (YOUR `'AGFNr)BROAD POWERS TO HANDLE YOUR PROPFRlY, WHICH MAY INCLUDE POWERS TO SELL OR OT MWISE DISPOSE OF1 ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR A PPROVAL I3Y YOU. THIS POWE'lt OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT To EXI RUSE GRANTED POWERS, BUT WMW POWERS ARE EXERCYSED, YOUR AGLNIT MUST USE DUE CARE TO ACT FOR YOUR BF-NEFIT ANI) IN ACCORDXNCE WITH TFES POWER OF ATTORNEY. YOURAGENI`MAYE)ODU ETHEPOWERSWaNHEREMdUGHOUTYOUR LIFErP",, EVEN AFTER YOU BECOME INCAPACITATED, UNLFSS Yd6 EXPRESSLY LMT THE DURATION OF TBESE POWERS OR YOU REVOKE THESE POWEM OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR A(3EN'T'S AQMOkrlY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM )OUR AGENT'S FL1NDS. A COURT CAN TAKE AWAY TB E POWERS OF YOUR AGENT IF XT FINDS YOUR AGENT IS NOT ACTING PROPERT.Y. THE POWERS AND DUTIES OF AN AUENT UNDERA POWER Ok ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa. C.S. Ch. 56. IF TIMRE IS ANY MNO ABOUT THIS rORM THAT YOI1 DO NOT t!J'NDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN C7100-SING TO EXPLAUI IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME TTHS NOTICE AND I UNDERSTAND ITS CONTENTS. C7aiz W. Bekhower DATE: I7' I MAR-16-2097 11:49 From:MA 7177674790 To:CNC RishtFax 13.6/11 POWEROF ATTORNEY Clair W. Dower, of Lower Allen Township, Cumberland County, Pennsylvania hereby revoke any Geuerai Power of Attorney that T have henrtofore given to lany Person and do bereby appoint my son Barry W. Beibhower, (hcxei? -My Agent") my tract and lawful Agent forme and onmy behalf to perform all such acts as my Agent in MY Agent's absolute discretion may dept advisable, as fully as I could do if personally present DURABLE Inn This Power of Atinm y sba11 not be affected by my subsequent disability or incapacity. EIERAL OF ROAD P W My Agent is hereby given the fullest possible powers to act on my behalf to transact business, make„ execute and 1dnowledge all agreements,, contracts, m&--MII deeds, wrmng.S, 10,111, and tn8?ntS for any mattef, with the same powers and for all, ptupopes with the Same validity as i could, if personally Present, SPECIFIC pOwERS INCLUDE') IN G RAI. POWER Without limiting the general powers hL76 ahead}- conferred, my Aeelt shall have the following specific powers which are included in the foregoing general powers: Specific Pawe, :s Defibed by Statute The followingpowers are gmntedpursuard to Chapter 56 of the Pennsylvania Probate Estates and Fiduciaries Code as further defined therein: s To make gifts. By way of explanation, my Agent is authorized to rake gift of any type, in WT Mounts and to any doaces as my Agent $Ul decide. This sball include the right of my Agent to make gifts to himself of such types and in such amount as my Agent WWI decide- b. To c reatc a trust for my benefit. C. To wake add-'t'ons to an existing trust for my benefit. d- To disclaim any interest in property_ 2 MAR-16-2097 11:50 From:SEA 7177674790 To:CNC RishtFax P.7/11 e. To renounce fiduciary positions. f. To withdraw and receive the income or corpus of a trust g. To authorize my admission to a medical, nursing, resideaatial or similar facility avd to ear' into agreements for my cane. h. To authorize medical and surgical procedures, i. To authorize and direct any pbysician, health Mc professional, health care provider, and medical care M Ay to provide to my agent information z'elatting to my physical and mental condition and the diagnosi s, prognosis, care and trcainart thereof upon the request of my agent It is my intent that this authorizedon for my agent to be considered a personal representative under privacy regulations rolated to protected health information and for my agent to be entiticd to all health information in the some manner as if I pemonally were malting the request- - authorization and direction shall also be considered a consent to the release of such information under current and Rutter regulations, laws and rules, including but not limited to, the express great of authority to personal reprtiv as provied by Regulation Section 164.502(p) of Title 45 of the Code of Federal Regulations and the medical information privacy law acid regulations generally refi'erred to as VIIPAA. j _ To engage in real property uwisar:tions, which sball include the power to: 1. Acquire or dispo:a of real pro perty (including m;+ resideicx) or any interest therein, including, but not limited to, the power to buy or sell at public or private sale for cash or credit or partly for each; exehaunge, mortgage, encumber, lease for any period of time; give or acquire options for sales, purchases, exchanges or leases; bury at judicial sale airy property on which 1 hold a mortpge- 2. Manage, repair, unprove, maintain, restore, alter, build, piotect or insure real property; demolish structwes of develop real estate or any interast in real estate. 3. Collex t rent, We proceeds and eamings from real estate; *Y, contest; protest and compromise real estate taxes and assessments. 4, Release iua whole or in part; assign the whole or a part of 'satisfy in whole of in part and enforce any mortgage, cncuunbrance, lien orlother claim to real propalY- MAR-16-2097 11:50 From:SEA 7177674790 To:CNC RiohtFax P.e/11 5. Grant Pry . n det~licate real estate, partition and subdivide real, estate and file plans, applications or outer documents in connecion therewith, 6. Im general, exercise all powers with respect to my real prnperry that I could ifpreserit E The a 4hority grauted in this ParWaph shall apply to all real estate in which I hVe an intcrnst including, but not I imited to, my real estate log cued in Lower Allen 7 awnship, CtunlOrItOd County, Pennsyh Naha, and kaownl and numbered as 7 Columbia Drive, Camp IML PA. k. To engage in table personal property transactions, L To sign any and all documents necessary to'tr8WfCr the titles 10 motor vehicles, mobile homes and travel tmilers. in. To engage ui stock, bond and other s= rities transactions n. To engage in commodity and options transactions. o. To engage in banking and financial transactions. A To take any and all actions regarding United States Savings Bo?6 including, but not limited to, cashing in such bonds. ' q. To borrow money, r. To ender safe deposit boxes; provided howcvcr that my Agent shall not place any of her personal items in my safe deposit box. S. To engage in insamnec transactions. t. U. V. W. X. Y• To engage in retirement plan transactions. To handle interests in estates and trusts. . I TO pursue claims and litigation. To receive boverntnent benefits. Tn pursue tax matters. I To discuss matters in my bebalf with Wives of the Social Security 4 . i MAR-16-2097 11:50 From:SEA 7177674799 To:CNC RiehtFax P.9/11 Adminictmdon, and to take any and all actions in regard to befits for me from the Social Security Administzatxon and for ww other matters a4sociated with the Social Swarity Administzwion, r To appoint a successor agent or agents_ a. This power shall not expire by reason of lapse of time. b. I hereby ratify and confnm all that the A.geat acting hereunder shall door cause to be done under this General Power of Attorney. I specifically direct the at such Agent shad not be subject to any liability by rmwn- of any: of such Agent's decisions, acts or failures to act, all of which shall be conclusive and binding upota me, my pownal representatives, heirs and assigns. Furthermore, except in the ofmalfeasaacc of office. I agree to indemnify such Agent, and hold such Agent . ess, from all claims that may be made apinst such Agent as a result of such Agent's swAcc hereunder, and I hereby agree to reimburse such Ageatt in the amount of any damn s, costs and expenses that may be incurred as a reWt of any such claim. C. This Power of Attorney sW be revoked by my giving to such Agent actit)g hereunderwrittGn notification of the revocation, wb ich notice shal?,l not be considered binding unlm actually reomved. r This Power of Attorney is executed in two (2) couater mu, of which tWslis counterpart No. - IN WITNESS WHEREOF, and iritendimg to be legally bound, I have hcrLunto set my band and seal this day of !?i A 1'? C 2007. 06-4 a. 4. / Clair W. Bcinbower COMMONWEALTH OF PENNSYLVANIA COUNTY OF 5r .D'%^ On this, the s? day, Of M ? A G y 2 .?cl r, before me, the 5 WITNESS_ MAR-16-2607 11:50 From:SEA 7177674790 To:CNC RiehtFax P.10/11 LIIdCI52ped officer. pmssmady y? proven} to be the person whose name is subsGn'b to the %%itWn I1t5ML,.lej; And a'mewfedmi 'im- he executed the same for the piuposes therein contained IN WnN2S8 WH MWF, I heoeunto set my lmd and official W. i TH OF PEI#qSyLVAW C bnvyah?yr'ti* F*WwTl ? A? rcrc3rcrts?sa'`?aDt1B Mamb&, PompAvara 46so*". of F1ata 6 I MAR-i6-2007 11:59 From:SEA 7177674790 To:CNC RightFax P.11/11 I, BARRY W. BFINTHOWER, HAVE READ THE ATTACMD PONNIR OF AITOR EI AND I AM THE PERSON IDENI'lFIYD AS THE AGENT FOR TIE PRJ CIPAL. I HEREBY ACKNOWLEDGE THAT IN THE ABSENCE OF A SPECIFIC PROVISION TO TIHE CONTRARY IN TIC POWER OF ATTORNEY OR IN 20 P&C.S. WHEN I ACT AS AGENT: I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL. I SHALL KEEP THE ASSETS OF THE PRINCIPAL SEPARATE. FROM MY ASSETS. I SHALL, EXERCISE REASONABLE CAUTION AND PRUDENICE. I SHALL KEEP A FUU AND ACCURATE RECORD OF ALL ACTIONS, REC=- AND D159BURSEMENTS ON BEFLUY OF THE PRINCIPAL. ?i g?,?w Al. ?orejt-rlo-- DAM Jt Bauy . BeiAower 7 C MAR-16-2007 11:49 From:SEA 7177674790 To:CNC Ri9htFax P.1/11 Pkaee ,0009te tens are 009 as to JEFFFRSON PILOT JofferspnPlatFIAMO'silnsurar?Cvmprary(JPRC) apprep&ta serdoe esehy fAwk Dish: Jeftwn-Pilot We Insurance Company ppi.) IQ Annuo New Business - IkM Service Center WIN FINANCIAL Jellerson Pilot LileArnerica Insurance Company(JPLA) One Granite Place, Concord. NH 03301: or Po soar 515, Conoord, NH 033024535 1400.2583645 ffitS394 n Fixed Ann* Service Center, Dept 5168. i0f) N Greene Street, Wmnshwa, NC 27401; or Request fOtr' Aniouity Sa vite PO Bm 26074, Greensboro. NC 27420 1400950,2454 Owmr(s) Nnme I'e hone Number Policy- Number Sw I Siacuniy Number W.!-3 I NJ CUC-i 7t7 l- `'3 Q11-ti-3 22.2 I'g 1e, - ;z Co - 55 Ownet , Street Addms Owne0s. City flare. 7jp 'I LLu JJJ J -'r . ... :v.. ..:3-Y }[F-.•.,-=Z ?r'Y •V JL_•.. !:•+?+Lr? ?;r .... :i? 5r:?ei City flair 'Lip Mur A`L Nanu Rekruonslnp Due of Dinh AIANO-W J' Czo w i d 7- EcQuA? ?3 3 Primary'3'5v- 2. 1V A 61AAJ D VA u C.OZ Relationship Late of Birth Contingent ¦ Ir Jouu clwrw ship. bode C)wners must sign. ¦ If rwjXM=n is Awncr, signature, and tines of two Corporate Oftcrs are required O,vncr's Signamm Date Inint Owner's Signature Date U 'Policy traxy k- rd[eurd to as "cnnrracr• or "crtti(irate" in main states. rA tw1_+ Pum I or 4 8m5 R(-.k ,.:, r::" _ -: = ?.; ,r •: kyM?4t>;_cr?.. : _ _ 4 `Fyn i'•'n'F3_.' -pap OOO??DDDOOMarch 22, 2007 Clair W. Beinhower 7 Columbia Dr. Camp Hill, PA 17011 Re: Annuity Number: #EN5328226 Dear Ms Beinhower We acknowledge receipt of the Beneficiary Change form. The recent change of beneficiary on your Jefferson Pilot annuity #EN5328226 now reads as follows: Primary: NANCY J RODOWICZ, STEPDAUGHTER, 33 1/3% 0 COURTNY N MYERS, GRANDDAUGHTER, 33 1/3% BARRY BEINHOWER, SON, 33 1/3% Please be advised that we have processed the requested beneficiary changes and enclosed is a copy of the Beneficiary Change form for your records. Should you have any questions, please feel free to write or call our toll free number 1-800-453-8588. Sincerely, Customer Service Representative Lincoln Financial Group Encl. REV 1105 is correctly coied from an original certificate of death is is to certify that the information here rgibe forwarded to thp1State Vital Records Office for permanent duly with me as cal Registrar. The original certificate ,Rood T IN 'IT P 13352294 No. Name d DKOW (Fast miens, bet, wL foe) Clair W. Beinhower i. Ape (Last Bid WRY) twee 1 Un 11- WARNING- it is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Local Registrar MAR 2 1 2007 Date COMMONWEALTH OF PENNSYLVANIA a DEPARTMENT OF HEALTH a VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 2. Sea 3. Saab) Sem* WWW 4. Dab d Deem Q Male 210 -26 -5212 March Made Dry! 75 Yd yb. Canty d Dean Cumberland Feb. 13, 1932 York County, r-_ &. CIy, Ba-o, Twp. d Daatn Bd. FadY'ty Name II nd , 91"s drat ad ember) Lower Allen Twp.7 Columbia Drive 11. Decepra's t»ua um nan w -e most of w ' Ne. Do not state re' 12. Was Deceded ever in be 13. Deceded's Education (Speoiy aay hi aad d I IMWrY U.S. Armed Fomasa EW_nbT 2 ordary (0.12) Electrical Super. IBEW a«43 [:]Y,, Is. DepdeM'a MaiGnp Address (Str«L oyy I Irk dde, zip peel DecedMY DIM PA ApW Residmp 17C Stab 14. Martial SUhm Marred, Never MerdM. 15. Surviving Spoue (11-Ke,"maiden name) Widowed. DWttmd (SpdM Married Nancy Fry -d 17c. ?CT 7?1 Y«, Deceder8 Uwd in Lower Allen TwP. 17d. ? N., D.pdW U'W wibb AChW Ubd City Mao ? ER I OuWafied L DOA LJ Nunnp Nana L_j ar - - 9. W« Dendent d IBsperao Odglta ® No ? Yes 10. Rep: Arrrrimn Idan. BIadL Wh". dc. (a yes, spedty Cuban. (Smw Meaipn, Puedo FV-a .eta.) white or ,IVe n a 7 Columbia Drive T°"`""' Camp Hill, PA 17011 m.caaay Cumberland ,s. F&.es Name (Fm mine,psl mma) ML nfomem's Name (Type I PrK Barry W. Beinhower 218. MOW at DbPoom ? aMd ? RW=1W pan strw tws Cn ? olha • sped). _ I by Mad aem 23e•a.dy wnm asrWylip 238. pyetlen b na avdebb a emu d e«I, m oMay can of dealt L.J Damam C.ra M ? Yes 19. Iq'*' Name IFwL midde, n.idm Evelyn Jacobs 209. hlbnnWs W RV Addl- (Sped, 285 Bi S ri 21b. Dab d DlepmlYda (Montlt, day, yea) 21a. _ Of Dbpmam Mama d arch 23 2007 ollin Green NY I bwn, -btu, zip Code) n s Road, Etters, PA 17319 pnrde7• abmabry a oat 11m) n. L=9W (City r mm smb, to enrol Memorial Park Cam Hill PF 7 Nd a ma NMW 22a Nome NO Addeo d Fed#y 012342-L Stone & Murray FH 408 3rd St New Cumberland, PA 17070 sbbd (5IgIMn and tyb) 2M UUM Number 23. 081. SgnM (Haan, dry, y«r) ,22`707 0 L. N1Qr CIO L? _ . _. _ -. 2«. Was Case ReMrM b Abdpl Ermm.r! Camsr for a Reason Otlee nm C.mal.n a Baru 2428 mud ba M WO" by WW 24. Time dDeem ^- .• bay wba Pm..wnms dY9t /' r0 V A M. Ka r -cam t' 71 Q' 0 CAUSE OF DEATH (Sea bob--d--w -W "MP", Bum 27. Pad 1: Eda M d.n d ends - M.W WW. or aMlp ---- dnpy could tl, deem. DO NOT sea bnr.' ewes suds «ardao aired, r Orbd ID DIRM mVhtM enst, or ved b& ft%1W1 wabd shO•'pq In 4*9y. LM asy.ne' m aoh br.. r Dub(a«e dl: - b. - S-M W CDrldtld0. a any. Wd%w N,9 .0 on IN E1,W Up YNa GUAE a Due to la as a ansePr dl i (dW«eaHW elm a. r opera rawwq n dude) LAST. Due to (a as a mroeWIM OA: d. Ma. W« «AuMm 30h. Wen Aubpry Fdw 31. Mvm d O«a 32a. Dee of IRM Wrolk day. y«rl 326 D«mbe H- Wury 0=o ml pwbwdd7 Ave91Ib Pr1or b Ca rod"" ? N«M ? HMdde ?Y« FA]No Pad b: Edw dMr bd r, malanp In a. aderypq tw« gywn b PM I. of Cam of D«ria 7!1' 32.. IyW d when M. I Tmnwftdm Irwrf p?/OM ? Y« f N. ? Y« ? N. O Aadda,l ? PeMnp IamMPtbn ? W. ? N. ? Dena I OPMW ? P¦ OW l C] glide. ? Glad Not be DOWMnM haw sPeOH.' x1e. Slameea adb Tae d Ce Ma. cNew (Node"amt • 7: t> pMlybg m d dram wMn.I?.l W oywm nos PrmomeM a«m w aargldM gem Zit ? ? 1 dd ary bl.wbdpN dam a-w due b am mitios) and mm walMot.-------------------------------- iwr1« To • ae1 d.ab end aMylnp b muM d drnl 33c L O Nat my b.mbdp., daMtaaurted dt. W.4 deb, OW Ph-,mW dp b 00 wo*s)rd amn aglided ------------------ ? • MB" Eamhw I CO-aw yQ owd m w-lbny dap, aM PI-M and due b ft apse(s) end m~ww Cie abbe [3 34. Nam1eJ(- on a. 11Ms at .ambaam end , a 1nv«agdb n, n my aPlaa4 duM txa 35. Reyslmfe DM 3I. Dab ( "5 ?1X00 ? `' / ill i I 1 i 3 7 n 13t?-?? 1 -- m. ft YW 17. 2007 29. Did Tabxm Un Ca06.e b 0607 ? Y« ? F1Obahty ? No ? Ulm 29. I Femde: ? Nd Pr• M want P«t y«r ? Preymd W Ilene of d.ah ? W M" W Ir•9mr. wain 42 drys d d@O ? NIX PrgrM, M PmWaN 43"101 y«r betas duM ? IAaomm 9 M" -bn tl. PM YM 32a O ce dl blyay: ? 9pee4 FadaY. 329. LOCa11at d k*Fy (SUM. COY I lam, saw) ?P.d.W- ?Aj 33d. D.b S19- Matt do yW ??-L 31 0y sm Who CwOad Cam at De* (AM 27) T I PM ,vim)( Qb--otiP iLc- ?I? 1701 E © JEFFERSON PILOT Please check appropriate company Mailing Address: ? Jefferson Pilot Financial Insurance Company (JPFIC) Claim Dept. 5310 r FINANCIAL ? Jefferson-Pilot Life Insurance Company (JPQ PO Box 21008 l Lif A I U Com an (JPLA% ? Jefferson Piot m e enca ng ranee p y G b NC 274)0-1008 Fixed Annuity Claimant's Statement i l-elaim No(s). Y/ 3t' o 7 ,ET'Contract No(s) reens oro, Tol I-Free:1-800-487-1485 A. DECEDENT INFORMATION: NAME First Middle La t c(k I-r w , 7o w e4,,? Was the insured known by any other names, such as maiden name, hyphenated name, nickname, derivative form of the first and/or middle name or alias? In the event the insured was known by any other names, please provide them. ? /7.p // LEGAL RESIDENCE Street city AT TIME OF DEATH 7 ealvrti9/`i Dr Cq? H,?y Ste Zip DATE OF BIRTH DATE OF DEATH 7-0 CITZENSHIP: Was deceased a U.S. Citizen? es ? No 2-13- 32- 2- / B. CLAIMANT INFO RMATION: NAME First Middle Last f Relationship W - ' 9 t e ee /h o ev ev 0h f3q Vlr 5 MAILING ADDRESS Street City §,ate 2 a-5- 1311 /-41 Zi DATE OF BIRTH TELEPHONE SOCIAL SECURITY OR TAX ID NUMBER 3-5--5-Y Home # 717- ? 3 Work # 5-q /n e /70 - V y- 72, 7 F- CITIZENSHIP Are you a U.S. Citizen? 'Yes ? No If No, please indicate country of Residence: and Citizenship: C. PAYMENT OF FUNDS - Select Alternative 1, 11, 111 or IV Alternative I: If your share of the net proceeds are eligible and exceeds the current applicable minimum set by the Company, a Performance Plus account (an interest bearing checking account) will be opened for you and you will promptly receive your personal checks. You may immediately utilize all or a portion of these funds by writing checks againstthat account. Meanwhile, the funds in your account will earn interest at a competitive variable rate. Please see the enclosed brochure for further details. Not available in Alaska, Arkansas, Colorado, Florida, Kansas, Louisiana, Nevada, North Carolina and North Dakota. To help fight the funding of terrorism and money-laundering activities, the U.S. government has passed the USA PATRIOT Act, which requires banks, including our processing agent bank, to obtain, verify and record information that identifies persons who engage in certain transactions with or through a bank. This means that we will need to verify the name, residential or street address (no P.O. Boxes), date of birth and social security number or other tax identification number of all account owners. _ If another method of settlement is desired (such as a/Company check or an Optional Method of Settlement as outlined ( C h Pc in the policy), please indicate here: C& • Also, if you select this payment Alternative, the company is required to withhold 10% of the taxable amount from your payment, unless you elect otherwise. Please indicate below whether or not you want Federal Income Tax withheld from the taxable portion of your benefit. If you do not make a selection, we will withhold taxes. If you elect not to have withholding apply to your distribution, you may be responsible for payment of estimated tax. You may also incur penalties under the estimated tax rules if your withholding and estimated tax payments are not sufficient. Under penalties of perjury, I certify that the Social Security Number furnished is correct and that I am not subject to backup withholding. Representation is made that no proceedings under the US Bankruptcy Act have been instituted by or against the undersigned. u Please check one: 'e ' ? I elect to have no income tax withheld from any distribution made from the annuity. 9 ? I elect to have /-f % withheld from any distribution made from the annuity. ? I elect to have $ withheld from any distribution made from the annuity. Initials Page 1 of 2 FA-01681 9/05 Alternative II: ? Spousal Privilege/ Successor Ownership As the surviving spouse and sole primary beneficiary of this annuity contract, I wish to be designated as the successor owner. I understand that the contract will remain in force with the original effective date and no death benefit distribution will occur. I wish to change the beneficiaries under this contract as indicated below. ELECTION OF BENEFICIARY: If you selected Alternative II under Secti on C you must complete this Section. Primary Beneficiary(les) Relationship Address Soc. Sec. No. Name(s) in full / z SS? ?,? r' h5 I / 7 0 YY-7? 7 Contingent Beneficiary(ies) Relationship Address Soc. Sec. No. Name(s) in full Alternative III: ? Installment Payments Please refer to the original contract for details regarding each specific settlement option available to you. You may not be eligible for all options listed below. SELECT: 1. The frequency of payments: ? Monthly ? Quarterly ? Semi-Annual ? Annual 2. The method of payment: # Check ? Electronic Funds Transfer 3. The settlement option under which you would like the proceeds paid: ? Life Income with 10 Years Certain ? Life Income ? Income for a Fixed Period - Select either 5, 10, 15 or 20 years. ? Other If you are interested in an option which is not listed here, but is outlined in your contract please write the name of the option here. If you should like additional information regarding this alternative, or a quote for one of the above or other settlement options, please call 1-800-487-1485, Extension #8584. Alternative IV: ? 5 Year Rule Withdraw the entire amount by December 31st following the fifth anniversary of the date of death. D. LOST POLICY AFFIDAVIT: If the policy is not attached, I hereby certify that said policy has been lost or destroyed and that it is not assigned, hypothecated or pledged in any way whatsoever. ?'W R Initials NOTICE TO RESIDENTS OF APPLICABLE STATES: I understand that any person who knowingly and with intent to defraud or deceive any insurance company, files a statement of claim containing any materially false or misleading information, or conceals for the purpose of misleading, information concerning any fact material thereto COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME and in certain states, a felony. Penalties may include imprisonment, fines, denial of insurance and civil damages. In New York, there are also civil penalties not to exceed $5,000 and the stated value of the claim for each such violation. Claimant Signature Date Other Required Signature, if Any: Date Page 2 of 2 FA-01681 9/05 L) r U) w t-A r w: ?` • L;L: y. w 7 > r = Li W O z ?w a ?^ V , W Z f ? N U) _ ?? 1 Q1?: 1. M W LL CY) C O 7 W Tl- 0 w N ? = N w O N m Q U ° a Z U m Q o ry z O O ? N M ?- 0 < JLO XZ O F- ) 0 LiJ ° L W Zw0? J000 r--- JEFFERSON PILOT Please check appropriate company WWW Address: ? Jefferson Pilot Financial Insurance Company (JPFIC) Claim Dept. 5310 Irs FINANCIAL ? Jefferson-Pilot Life Insurance Company (JPL) PO Box 21008 ? Jefferson Pilot LifeAmerica Insurance Company (JPLA) Greensboro, NC 27420.1008 Fixed Annuity Claimant's Statement Toll-Free: 1-800-487-1485 laim No(s). ontract No(s). Fob a 09 A. DECEDENT INFORMATION: NAME First Middle Last clq?r- w- Bern ? o Was the insured known by any other names, such as maiden name, hyphenated name, nickname, derivative form of the first and/or middle name or alias? In the event the insured was known by any other names, please provide them. H, // q e l ? o ! p AT TIME OF DEATH -7 Street Co /.r, b."F Dry C4 psi DATE OF BIRTH DATE OF DEATH CITZENSHIP: Was deceased a U.S. Citizen? 5f Yes ? No a-13, 3Z 3-17-07 B. CLAIMANT INFO RMATION: NA First Middle Last Relationship r cs' J Is a ric Li MAILING ADq SS Street City State SLLC2E?5 i / 0 va'e'< ?itl Zip l 7 r?0 DATE OF BIRTH TELEPHONE SOCIAL SECURITY OR TAX ID NUMBER 3 "f 5 (o Home # 7j7W//,5-650/ Work # 7-50- ?21 (o CITIZENSHIP Are you a U.S. zen? Yes ? No If No, please indicate country of Residence: and Citizenship: C. PAYMENT OF FUNDS - Select Alternative I, 11, 111 or IV Alternative I: If your share of the net proceeds are eligible and exceeds the current applicable minimum set by the Company, a Performance Plus account (an interest bearing checking account) will be opened for you and you will promptly receive your personal checks. You may immediately utilize all or a portion of these funds bywriting checks against that account. Meanwhile, the funds in your account will earn interest at a competitive variable rate. Please see the enclosed brochure for further details. Not available in Alaska, Arkansas, Colorado, Florida, Kansas, Louisiana, Nevada, North Carolina and North Dakota. To help fight the funding of terrorism and money-laundering activities, the U.S. government has passed the USA PATRIOT Act, which requires banks, including our processing agent bank, to obtain, verify and record information that identifies persons who engage in certain transactions with or through a bank. This means that we will need to verify the name, residential or street address (no P.O. Boxes), date of birth and social security number or other tax identification number of all account owners. If another method of settlement is desired (such as a Company check or an Optional Method of Settlement as outlined in the policy), please indicate here: Also, if you select this payment Alternative, the company is required to withhold 10% of the taxable amount from your payment, unless you elect otherwise. Please indicate below whether or not you want Federal Income Tax withheld from the taxable portion of your benefit. If you do not make a selection, we will withhold taxes. If you elect not to have withholding apply to your distribution, you may be responsible for payment of estimated tax. You may also incur penalties under the estimated tax rules if your withholding and estimated tax payments are not sufficient. Under penalties of perjury, I certify that the Social Security Number furnished is correct and that I am not subject to backup withholding. Representation is made that no proceedings under the US Bankruptcy Act have been instituted by or against the undersigned. -- -- ` Please check one: Q6. ? I elect to have no income tax withheld from any distribution made from the annuity. u? f >'I elect to have 10 % withheld from any distribution made from the annuity. ? I elect to have $ withheld from any distribution made from the annuity., FA-01681 F- Initials Page 1 of 2 9/05 Alternative 11: ? Spousal Privilege/Successor Ownership As the surviving spouse and sole primary beneficiary of this annuity contract, I wish to be designated as the successor owner. I understand that the contract will remain in force with the original effective date and no death benefit distribution will occur. I wish to change the beneficiaries under this contract as indicated below. ELECTION OF BENEFICIARY: If you selected Alternative 11 under Section C you must complete this Section. Primary Beneficiary(ies) Relationship Address Soc. Sec. No. Name(s) in full Contingent Beneficiary(ies) Relationship Address Soc. Sec. No. Name(s) in full Alternative Ili: ? Installment Payments Please refer to the original contract for details regarding each specific settlement option available to you. You may not be eligible for all options listed below. SELECT: 1. The frequency of payments: ? Monthly ? Quarterly L3 Semi-Annual ? Annual 2. The method of payment: ? Check ? Electronic Funds Transfer 3. The settlement option under which you would like the proceeds paid: ? Life Income with 10 Years Certain ? Life Income ? Income for a Fixed Period - Select either 5, 10, 15 or 20 years. ? Other If you are interested in an option which is not listed here, but is outlined in your contract please write the name of the option here. If you should like additional information regarding this alternative, or a quote for one of the above or other settlement options, please call 1-800-487-1485, Extension #8584. Alternative IV: ? 5 Year Rule Withdraw the entire amount by December 31st following the fifth anniversary of the date of death. D. LOST POLICY AFFIDAVIT: If the policy is not attached, I hereby certify that said policy has been lost or destroyed and that it is not assigned, hypot cated or pledged in anyway whatsoever. Initials NOTICE TO RESIDENTS OF APPLICABLE STATES: I understand that any person who knowingly and with intent to defraud or deceive arty insurance company, files a statement of claim containing any materially false or misleading information, or conceals for the purpose of misleading, information concerning any fact material thereto COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME and in certain states, a felony. Penalties may include imprisonment, fines, denial of insurance and civil damages. In New York, there are also civil penalties not to exceed $5,000 and the stated value of the claim for each such viol 'on. Claimant Signature r Date /-.,-,?S -?7 Other Required Signature, If Any: Date FA-01681 Page 2 of 2 9/05 j•.:r f +.it 4. J..) ;...j I:. •1 +..i. a ' ? ' r w V O O Q ? S o -n --? ? op S n v o ? 0 ? n • f V eiw ('y. ?Z55 u?.? iJw z 1 PIK 1 ' t 6 Please check appropriate company Mailing Address: JEFFERSON PILOT ? Jefferson Pilot Financial Insurance Company JPFIC) 5310 Ire FINANCIAL ? Jefferson-Pilot Life Insurance Company (JPL) ( Claim Dept. 8 El Jefferson Pilot LifeAmerica Insurance Company (JPLA) GrBoxeensboororo, , N N Greensboro, 27420-1008 Fixed Annuity Claimant's Statement Toll-Free: 1-800-487-1485 _-Ei,Vaim No(s). F 3,?1-? ontract No(s). A. DECEDENT INFORMATION: rvMIVIC Mrst Middle La C/a,r W !J esh D Gr??Y, Was the insured known by any other names, such as maiden name, hyphenated name, nickname, derivative form first and/or middle name or alias? In the event the insured was known by any other names, please provide them. LEGAL RESIDENCE AT TIME OF DEATH 7 ?. o 1v m b,'s fir I Cq ??? /7 /? Sta 4 ID I"1ATr nr nlnT - -11%111 L"MLs Vr vumin IuiILtN6NIN: Was deceased a U.S. Citizen? Yes ? No Z-/3-3Z 3-/2-d7 B. CLAIMANT INFORMATION. NAME First Middle st Relationship y A'2' '? HT MAILING ADDRESS Street L City YState zip ASS z'LGC?EST i? J?iZK f?j? / 7?/?j8 DATE OF BIRTH TELEPHONE SOC? A>L ECURITY OR TAX ID Home # Lr7 ? 43-p561 Work # /X CITIZENSHIP Are you a U.S. Citizen? Yes ? No If No, please indicate country of Residence: and Citizenship: 0. PAYMENT OF FUNDS - Select Alternative 1,11,111 or IV Anernative is It your share of the net proceeds are eligible and exceeds the current applicable mum set by the Company, a Performance Plus account (an interest bearing checking account) will be opened for you and you will promptly receive your personal checks. You may immediately utilize all or a portion of these funds by writing checks against that account. Meanwhile, the funds in your account will earn interest at a competitive variable rate. Please see the enclosed brochure for further details. Not available in Alaska, Arkansas, Colorado, Florida, Kansas, Louisiana, Nevada, North Carolina and North Dakota. To help fight the funding of terrorism and money-laundering activities, the U.S. government has passed the USA PATRIOT Act, which requires banks, including our processing agent bank, to obtain, verify and record information that identifies persons who engage in certain transactions with or through a bank. This means that we will need to verify the name, residential or street address (no P.O. Boxes), date of birth and social security number or other tax identification number of all account owners. If another method of settlement isesired (such as a Company check or an Optional Method of Settlement as outlined in the policy), please indicate here: All, a. _hl m r nor act Also, if you select this payment Alternative, the company is required to withhold 10% of the taxable amount from your payment, unless you elect otherwise. Please indicate below whether or not you want Federal Income Tax withheld from the taxable portion of your benefit. If you do not make a selection, we will withhold taxes. If you elect not to have withholding apply to your distribution, you may be responsible for payment of estimated tax. You may also incur penalties under the estimated tax rules if your withholding and estimated tax payments are not sufficient. Under penalties of perjury, I certify that the Social Security Number furnished is correct and that I am not subject to backup withholding. Representation is made that no proceedings under the US Bankruptcy Act have been instituted by or against the undersigned. Please check one: I elect to have no income tax withheld from any distribution made from the annuity. - ?' ? N. elect to have % withheld from any distribution made from the annuity. ? I elect to have $ withheld from any distribution made from the annuitv'.?:.: .?z,. Initials FA-01681 Page 1 of 2 9/05 Alternative 11: ? Spousal Privilege/Successor Ownership As the surviving spouse and sole primary beneficiary of this annuity contract, I wish to be designated as the successor owner. I understand that the contract will remain in force with the original effective date and no death benefit distribution will occur. I wish to change the beneficiaries under this contract as indicated below. ELECTION OF BENEFICIARY: on c; you must corn Name(s) in full Name(s) in full Alternative III: ? Installment Payments Please refer to the original contract for details regarding each specific settlement option available to you. You may not be eligible for all options listed below. SELECT: 1. The frequency of payments: ? Monthly ? Quarterly ? Semi-Annual ? Annual 2. The method of payment: ? Check ? Electronic Funds Transfer 3. The settlement option under which you would like the proceeds paid: ? Life Income with 10 Years Certain ? Life Income ? Income for a Fixed Period - Select either 5, 10, 15 or 20 years. ? Other If you are interested in an option which is not listed here, but is outlined in your contract please write the name of the option here. If you should like additional information regarding this alternative, or a quote for one of the above or other settlement options, please call 1-800-487-1485, Extension #8584. Alternative IV: ? 5 Year Rule Withdraw the entire amount by December 31st following the fifth anniversary of the date of death. 'OLICY AFFIDAVIT: it the policy is not attached, I hereby certify that said policy has been lost or hypothecated or pledged in any way whatsoever. Initials NOTICE TO RESIDENTS OF APPLICABLE STATES: I understand that any person who knowingly and with intent to defraud or deceive any insurance company, files a statement of claim containing any materially false or misleading information, or conceals for the purpose of misleading, information concerning any fact material thereto COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME and in certain states, a felony. Penalties may include imprisonment, fines, denial of insurance and civil damages. In New York, there are also civil penalties not to exceed $5,000 and the stated value of the claim for each ch vtmlation. , Claimant Other Required Signature, If Any: FA-01681 Date 5` '?cJ ??7 Date Page 2 of 2 9/05 j...f f...f Q _ 1 v ? n ? ? o QC) n ? CC -r J (Ar N r ? r? N Thomas B. York, Esquire Phone: 717.236.YORK (9675) Facsimile: 717.236.6919 Email: tyork@yy orklegalgroup.com Jacqueline M. Wielby, Esquire Email: jwelby@yorklegalgroup.com April 17, 2007 Via Facsimile and First Class Mail Cindy Barton Lincoln Financial Group P.U. Box 21008 Greensboro, N.C. 27420 Re: Jefferson Pilot Policy No. en5328226 Clair Beinhower Dear Ms Barton: Please be advised that I represent Nancy Beinhower, the wife of the above-referenced policy holder, Clair Beinhower. As you are aware, Mr. Beinhower died on March 17, 2007. His step-daughter, Terri Cassel, who I also represent, is the executor of Mr. Beinhower's estate. If necessary, I am happy to provide a copy of Mr. Beinhower's Will. Due to the change in beneficiary of the above-referenced annuity, two days prior to the death of Mr. Beinhower, we are contesting the new beneficiary's right to collect the proceeds of the annuity. Please provide me with a copy of the annuity in question and the power of attorney submitted to change beneficiary status, in order to assist Ms. Cassel with the administration of her father's estate. If you have any questions, my number is (717) 236-9675. JMW/drg c: Terri Cassel Very truly yours, Jacque ne M. Welby ?Ct i h• 3511 North Front Street - Harrisburg, Pennsylvania 17110-1438 T 05/24/2007 THU 16:06 FAX 717236.6919____ 0002/002 Thomas B. York, Esquire Phone: 717.236.YORK (9675) Facsimile: 717.236.6919 Email: tyork@yorklegalgroup.com Jacqueline M. W elby, Esquire Email: jwelby@yorklegalgroup.com May 24, 2007 Via Facsimile & Certified Mail Cindy Barton Lincoln Financial Group P.O. Box 21008 Greensboro, N.C. 27420 Re: Jefferson Pilot Policy No. ea5328226 Clair Beinhower Dear Ms Barton: As you instructed in our recent telephone conversation, I am writing to advise you of our intent in regard to'the. above referenced matter. My client, Terri Cassel, Executrix of the estate of the above referenced person; intends to challenge the validity of the Power of Attorney upon which Lincoln Financial relied in changing the beneficiary of the above referenced annuity. I have written the agent of the power of attorney asking for his cooperation in resolving this issue. If he refuses, I will request that Lincoln Financial Group agree to put the funds in the appropriate court through a Petition for Interpleader. The court would then determine the rightful owner of the funds. Please forward this letter to your legal counsel. I am requesting that your counsel contact me to discuss this matter. Very truly yours, ° z Jacqueline M. Welby JMW/drg c: Terri Cassel 3511 North Front Street • Harrisburg, Pennsylvania 17110-1438 rlLincoln Financial Group® April 24, 2007 Barry Wayne Beinhower 285 Big Springs Road Etters, PA 17319 RE: Annuity of Clair W. Beinhower Contract #: EN5328226 Claim #: 493817 Dear Mr. Beinhower: Lincoln Financial Group PO Box 21008 Greensboro NC 27420 bus 336 691 3000 We are in receipt of your Claimant Statement and the certified death certificate. However, we were notified by Jacqueline M. Welby of The York Legal Group that this claim is being contested. Once this matter has been settled, we will proceed with the handling of the claim. Should you have any questions, please contact this office at 1-800-487-1485, ext. 8584. Sincerely, Cindy Barton Claims Examiner Ordinary Claims Department-5310 www.LFG.com Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates. K rlLincoln Financial Groups May 3, 2007 David W. Myers FBO Courtney Nicole Myers 555 Hillcrest Road York, PA 17403 RE: Annuity of Clair W. Beinhower Contract #: EN5328226 Claim #: 493817 Dear Mr. Myers: We are in receipt of the completed Claimant's Statement for Courtney Nicole Myers. Lincoln Financial Group PO Boa 21008 Greensboro NC 27420 bus 336 691 3000 This is to advise you that a protest has been made against this claim. Once this situation is resolved, we will advise. Should you have any further questions or if we can be of further assistance, please contact us at 1-800-487-1485, ext. 8584. Sincerely, Cindy Barton Claims Examiner Ordinary Claims Department-5310 www.LFG.com Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates. E., rKincoln Financial Group® May 3, 2007 Nancy J. Rogowicz 555 Hillcrest Road York, PA 17403 RE: Annuity of Clair W. Beinhower Contract #: EN5328226 Claim #: 493817 Dear Ms. Rogowicz: We are in receipt of your completed Claimant's Statement. Lincoln Financial Group PO Box 21008 Greensboro NC 27420 bus 336 691 3000 This is to advise you that a protest has been made against this claim. Once this situation is resolved, we will advise. Should you have any further questions or if we can be of further assistance, please contact us at 1-800-487-1485, ext. 8584. Sincerely, Cindy Barton Claims Examiner Ordinary Claims Department-5310 www.LFG.com Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates. M JEFFERSON PILOT kKPilot Wiandal insurance Company r FINANCIAL ® Jei<ersorMibt Life Insurance Company (CPU 0 Jefferson Pilot U%Amenca Insurance Company (JPLA) Fixed Annuity Claimants Statement / / ?j ? Claim No(s). ? Contract No(s). Y' ?? Aduress: Claire Dept. 5310 PO Box 21008 Geensboro, NC 27420-1006 TMRiew 1X)0.487-1485 1/--f1/i Z/7 A. DECEDENT INFORMATION: NAME ?A&First a,* j Middle c' , /n' , Last Was the insure any other names, such as maiden name, hyphenated name, nickname, derivative form of the first and/or middle name or alias? In the event the insured was known by any other names, please provide them. LEGAL RESIDIENCL AT TIME OF DEATH (/ h / k . w(. L -1,1, DATE OF BIRTH DATE OF : DEATH a - - )L CITZENSHIP. Was deceased U.S. C' ' ? s I No 3_17 - ,6 ? B. CLAIMANT INFORMATION: NAME o First r Relationship MAIL mfr. Ann0P C c;. met e -?. ...w 1.11r rare zip DA OF BIRTH TElEPHO E SOCIAL SECURITY R TAX ID NUMBER ? Home # a7 -& e ° CG0Work # -3 ?oZ7 -) a CITIZENSHIP Are you a U.S. Citizen? Yes a No If No, please indicate country of Residence: and Citizenship: C. PAYMENT OF FUNDS - Select Alternative 1, U. III or N Anernaave c it your share of the net proceeds are eligible and exceeds the current applicable minimum set by the Company, a Performance Plus account (an interest bearing checking account) will be opened for you and you will promptly receive your personal checks. You may immediately utilize all or a portion of these funds by writing checks against that ac courrL Meanwhile, the funds in your account will earn interest at a competitive variable rate. Please see the enclosed brochure for further details. Not anrailatile M Alaska, Arkansas„ Colorado, Florida. Kwsas, Lmdsiana, Nevada, North Carolina and North Dakota. To help fight the funding of terrorism and money-laundering activities, the U.S. government has passed the USA PATRIOT Act, which requires banks, including our processing agent bank, to obtain, verity and record inforriation that identifies persons who engage in certain transactions with or through a bank. This means that we will need to verify the name, resideatW or street address (no P.O. Boxes), date of birth and social security itrnnber or other tax identifimation number of all account owners. If another method of settlement is desired (such as a Company check or an Optional Method of Settlement as outlined in the policy), please indicate here: Also, if you select this payment Alternative, the company is required to Withhold 10% of the taxable amount from your payment, unless you elect otherwise. Please indicate below whether or not you want Federal Income Tax withheld from the taxable portion of your benefit If you do not make a sektction, we will withhold taxes. If you elect not to have withholding apply to your distribution, you may be responsible for payment of estimated tax. You may also incur penalties under the estimated tax rules if your withholding and estimated tax payments are not sufficient. Under penalties of perjury, I certify that the Social Security Number furnished is correct and that I am noLsubjecti o backup withholding. Representation is made that no proceedings under the US Bankruptcy Act have been m7g' d by or - st the undersigned. Please check ate: r MCI elect to have no income tax withheld from any distribution made from the annuity_ t a ?. Ll 1 elect to have % withheld from any distribution made from the annuity. 4 r. ® I elect to have $ withheld from any distribution made from the annuity FA-01681 Page i of 2 9/05 Aitenutirs 11: U Spousal Privilege/Successor Ownership As the sury ring spouse and sole primary beneficiary of this annuity contract, I wish to be designated as the successor owner. I understand that the contract will remain in force with the original effective date and no death benefit distribution will occur. I wish to change the beneficiaries under this contract as indicated below. ELECTION OF BENEFICIARY: Name(s) in full rte,, 06 4 ?? 6U / rl5u?cc I Name(s) in full Alterrrathm W: ? Installment Payments Please refer to the original contract for details regarding each specific settlement option available to you. You may not be eligible for all. options listed below. SELECT: 1. The frequency of payments. U Monthly U Quarterly U Semi-Annual U Annual 2. The method of payment.. Check ® Electronic Funds Transfer 3. The settlement option under which you would like the proceeds paid: U Life Income with 10 Years Certain ? Life Income ® Income forr'aFixed Period - Select either 5,10,15 or 20 years. Other / Y,li 1l- 1,0,?,V? , {??.,y, Ifyou a interested in an option ich is not listed here, but is outlined in your contract please write the name of the option here. if you should like additional information regarding this alternative, or a quote for one of the above or other settlement options, please call 1-800-487-1485, Extension #8584. Alterna m IV: 0 5 Year Rule Withdraw the entire amount by December 31st following the fifth Pd or pledged in any way whatsoever Idtial5 or of the date of death. NOTICE TO RESIDENTS OF APPLICABLE STATES: I understand that any person who knowingly and with intent to defraud or deceive any insurance company, files a statement of claim containing arry materially false or misleading infonnation, or Purpose Weadi information concerning any fact material thereto COMMITS A FRAtWtRM INSURANCE ACT, IS CRI End in certain states, a felony, Penalties may include imprisonment fines, denial of insurance and cirri s. I YoHkAliere are also civil penalties not to exceed $5,000 and the stated value of the claim for each vi on_ Clairnant ?C h oDate OHM Required we, it AMr Date . / oZ -6 54-01681 +ti Pew 2 or 2 °? X 45 1 ,,-) . FINANCIAL POWER OF ATTORNEY OF NANCY BEINHOWER NOTICE TO PERSON SIGNING THIS POWER OF ATTORNEY THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGANATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THE POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S.Ch. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. WITNESS: PRINCIPAL Y N CY B OWER DATE:- - Q I, NANCY BEINHOWER, of Cumberland County, Pennsylvania, to hereby appoint my children, Jeffery E. Arnold, Sr., who currently resides at 19 Highland Drive, Camp Hill, Pennsylvania, 17011, and Terri A. Cassel, who resides at 100 Kenny Lane, Martinsville, Virginia, 24112, as my true and lawful Joint co-Agents (hereinafter referred to as Agents) with full power and do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, and I hereby ratify and confum all that my Agent shall lawfully do or cause to be done by virtue of the Power of Attorney and the powers granted herein. If a person designated above as one of my Joint co-Agents: A is not available to act as my Agent or (b) declines, resigns, or otherwise ceases to act as my Agent, or (c) is no longer my Agent, due to operation of law or my revocation of that person's appointment or authority to act as my Agent, the remaining co-agent shall serve as my Agent, with full power to act as set forth in this document. Designation of Successor Agents If neither of the Joint co-Agents (a) are not available to act as my Agent, (b) declines, resigns or otherwise ceases to act as my Agent or (c) is no longer my Agent by operation of law or because of my revoction of that persons appointment or authority to act as my Agent, then I name Kevin Rogowicz, residing at 507 East Elmwood Avenue, Mechanicsburg, Pennsylvania, 17055. I intend this to be a general power of attorney. In this document, I direct my Agents to transact all my business and to manage all my property and affairs', excluding Healthcare decisions which are set forth in a separate document, as completely as I myself might do if personally present, including, but not limited to, exercising the following enumerated powers: 1. Power to Engage in Personal Property Transactions To buy or sell at public auction or private sale for cash or credit or partly for each, exchange, pledge, lease, give or acquire options for sales and exchanges of leases, or by any other means whatsoever to acquire, dispose of, withdraw, repair, improve, alter, move, ship, restore, insure, or manage tangible or intangible personal property or any interest therein; and, without limitation, and in any manner deal with any tangible personal property that I now own or may hereinafter acquire, in my name and for my benefit, upon such terms and conditions as my Agent shall deem appropriate. 2. Power to Engage in Real Property Transactions To buy or sell at public or private sale for cash or credit or partly for each, exchange, mortgage, encumber, lease for any period of time, give or acquire ; f n;.s . ? 2 options for sales, purchases, exchanges or leases, dedicate, or by other means whatsoever, to acquire or dispose of real property or any interest therein; to partition and subdivide real property; to manage real property; to repair, alter, erect, or tear down any structure or part thereof, and to file such plans, applications, or other documents in connection therewith and do such other acts as may be requested by any government or other authority having or purporting to have jurisdiction. 3. Investments. To invest in all forms of real and personal property without any restriction whatsoever as to the kind of investment, including, but not limited to, United States Treasury Bonds which are redeemable at par in payment of federal estates taxes. 4. Execution of Contracts. To enter into, perform, modify, extend, cancel, compromise, enforce, or otherwise act with respect to any contracts of any sort whatsoever- including but not limited to, lease and mortgages - and to pay any money or to transfer title and possession to any real or personal property that may be required to be paid or transferred to any contract in the performance of any obligation entered into or incurred by me or on my behalf. 5. Banking Powers. To sign checks drafts an other instruments or otherwise make withdrawals from any checking savings, transactions or other deposit account in my name, and to endorse checks payable to me and receive the proceeds thereof in cash or otherwise; to open and close checking, savings, transactions or other deposit accounts in my name; to purchase and redeem savings certificates, certificates of deposit or similar instruments in my name; to execute and deliver receipts for any fund withdrawn or certificates redeemed; and to do all acts regarding any checking account, savings account, savings certificate, certificate of deposit or similar instrument which I now have or may hereafter acquire, the same as I could do if personally present. This power may be executed independently by a co-Agent. 6. Benefit Plans. To apply for and receive any government, insurance and retirement benefits, excluding healthcare, financial and benefit payments matters to which I may be entitled, including the right to act as my representative payee with the Social Security Administration, to give instructions for the purchase and sale of securities in those accounts, and to exercise any right to elect benefits or payment options. This power may be executed independently by a co- Agent. 7. Motor Vehicles. To apply for a Certificate of Title upon, and endorse and transfer title thereto, for any automobile, truck, pickup, 3 van, motorcycle, or other motor vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment. This power may be executed independently by a co-Agent. 8. Safe Deposit and Mail Boxes. To have access to and control over the contents of any safe deposit box rented by me, to rent safe deposit boxes in my name, to close out and execute safe deposit boxes in my name, close out and execute and deliver receipts for safe deposit boxes in my name, and to do all the acts regarding any safe deposit boxes in my name, which I now have or may hereafter acquire, the same as I could do if personally present; provided that my Agent shall not deposit or keep in any such safe deposit box any property in which my Agent has a personal interest. Any financial institution may continue to rely on this power of attorney until it receives written notice from me that this power of attorney is revoked or actual notice of my death and shall be indemnified and held harmless by me and my estate, personal representatives and heirs against any liability or loss including lawyers' fees, costs of suit and claims of third parties, which it might incur by relying on this power after termination or revocation but before it receives such notice, or at any time because of wrongful acts, omissions or representations of my Agent with respect to transactions covered by this power of attorney. Also, to enter into any mailbox I shall have hired, whether at a United States Post Office or elsewhere, and to surrender the box and terminate the lease at my agents discretion; to sign for my certified or registered mail directed to me, and to execute any order required to forward and mail to any location selected by my agent. This power may be executed independently by a co-Agent. 9. Receipts and Approval of Accounts. To receive a payment of any kind, including a bequest, devise, gift or other transfer of real or personal property to me in my own right or as a fiduciary for another, and to give full receipt and acquaintance therefore, or a refunding bond therefore, to approve accounts of any business, estate, trust, partnership or other transaction whatsoever in which I may have an interest of any nature whatsoever, and to enter into any compromise and release in regard thereto. 10. Compromise and Arbitration of Claims. To compromise or arbitrate any claim in which I may be in any manner interested, and for that purpose to enter into agreements to compromise or arbitrate, and either through counsel or otherwise to carry on such compromise or arbitration and perform or enforce any award entered in arbitration: 4 11. Institution and Defense Claims. To institute, prosecute, defend, compromise, or otherwise dispose of, and to appear for me in, any proceedings at law or in equity or otherwise before any tribunal for the enforcement or for the defense of any claim, either alone or in conjunction with other persons, relating to me or to any other property of mine or any other person (including the authority to sue if this power of attorney is not honored), and to retain, discharge and substitute counsel and authorize appearance of such counsel to be entered for me in any such action or proceeding. 12. Tag Powers. To represent me in all tax matters and to prepare, sign, and file all federal, state, and/or local income, gift, and other tax returns of all kinds, for any period of time, including joint returns, claims for refunds, requests for extensions of time, petitions to the tax court or to other courts regarding tax matters and any all tax related documents. Without limiting the foregoing, my Agent shall have the power to act on my behalf to prepare, sign , and file all Internal Revenue Service forms and consents and agreements under section 2032A of the Internal Revenue Code, consents to gifts, closing agreements and any Power of Attorney form required by the Internal Revenue Service including the formal Internal Revenue Service Authorization form No. 2848 or its equivalent and/or any state and/or local taxing authority documents and forms, to pay taxes due, collect and make disposition of refunds as my Agent deems appropriate; post bonds, receive confidential information and contest deficiencies determined by the Internal Revenue Service and/or any state and/or local taxing authority; to exercise any elections I may have under federal, state, or local tax laws; and generally to represent me or to obtain professional representation for me in all tax matters and proceedings before all officers of the Internal revenue Service and state and local authorities; to engage, compensate, and discharge attorneys, accountants and other tax and financial advisors and consultants to represent and/or assist me in connection with any and all tax matters involving or in any way related to me or any property in which I have or may have any interest or responsibility. 13. Power to Act Under Pennsvivania Probate. Estates and Fiduciaries Code Sections 7501 Throup-h 7506. To have full authority to act on my behalf in any manner in which I am an "interested party" and to execute a written declaration that any trust in regard to which I am an interested party shall not be subject to the application of Chapter 75 of the Pennsylvania Probate, Estates and Fiduciaries Code (sections 7501 through 7506). 5 14. Powers as Set Forth in Sections 5602 and 5603 of the Pennsylvania Probate. Estates and Fiduciaries Code. In addition to, and not in limitation of the powers otherwise set forth in this document, my Agent shall have all of the following powers each of which, except as otherwise set forth in this document, shall be interpreted in conformity with the provisions of Chapter 56, sections 5602 and 5603 of the Pennsylvania Probate, Estates, and Fiduciaries Code: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 14 (15) (16) (17) (18) (19) To pursue tax matters; To create a trust for my benefit; To make additions to an existing trust for my benefit; To claim an elective share of the estate of my deceased spouse; To receive government benefits; To renounce Fiduciary positions; To withdraw and receive the income or corpus of a trust; To engage in real property transactions; To engage in tangible personal property transactions; To engage in stock, bond, and other securities transactions; To engage in commodity and option transactions; To engage in banking and financial transactions; To borrow money; To enter safe deposit boxes; To engage in insurance transactions; To engage in retirement plan transactions; To handle interests in estates and trusts; To pursue claims and litigation; To disclaim any interest in property. 15. Agents Power in Respect to Making Gifts I direct that my Agents shall have the following authority to make gifts on my behalf, which authority shall be interpreted in conformity with the definitions set forth hereinafter in this Power of Attorney: 1. Power to make the following gifts: (a) limited gifts to my children and grandchildren . 2. A Successor Agent shall have the power to make the following gifts: (a) limited gifts to my children, and grandchildren 6 16. General. To do all things that my Agents shall deem proper in order to carry out any of the foregoing enumerated powers, which shall be constructed in the broadest possible manner. In no event shall my Agent take any action concerning a policy of insurance on their life. The descriptive headings of this general Power of Attorney are inserted for convenience only and shall not be deemed to affect the meaning or construction of any of the provisions or to limit in any way the construction of this power of attorney in the broadest possible manner. 17. Appointment of Successor. To the extent not otherwise effectually provided in this Power of Attorney, my Agents and any successors shall have the power to appoint a successor or successors. Any appointment may be changed by the person or persons making the appointment before it takes effect, need not take effect immediately, and may be contingent upon the occurrence or non-occurrence of any event. 18. inconsistent with those powers granted to my agents Appointment of Ancillary Agents. If at any time my Agents deem it desirable in their discretion to appoint one or more ancillary agents to act on my behalf in any other jurisdiction or jurisdictions, my agent may sign, execute, deliver, acknowledge and make declarations in any documents as may be desirable to give effect to any ancillary appointment and he/she may grant to any ancillary agent any or all of the powers, duties and authorities granted he/she may grant him/her hereunder, but may not grant any such ancillary agent powers which are 19. Ratification. I ratify and confirm all that my agents, the successors or the ancillary agents shall lawfully do or cause to be done by these powers. 20. Third Party Release. This Power of Attorney shall continue in force and may be accepted and relied upon by anyone to whom it is presented despite my purported revocation of this power, the age of this power, the issuance of a court decree declaring my incompetency or my death, until written notice of such event is received by such person. 21. Effect of My Disability. This Power of Attorney shall not be affected by my disability or incapacity. 22. Compensation. My Agents shall be entitled to reasonable compensation based upon the actual responsibilities assumed and preformed. My Agents shall be entitled to reimbursement for actual expenses advanced on my behalf, as principal, and to reasonable expenses incurred in connection with the performance of my Agents' duties. 7 23. Resolution of Disagreement Among Persons Serving as Agent's In the event of a disagreement among the persons named as my Agents, Kevin Rogowicz will make such decisions 24. Photocopies. I direct that photocopies of this Power of Attorney shall have the same force and effect as the original. 25. Governing Law. This power of attorney shall be governed by and interpreted in accordance with the Laws of the Commonwealth of Pennsylvania. DEFO TTIONS Definitions of Terms. The following terms used in this Power of Attorney shall be defined as follows: a. Primary Agents. The term Primary Agents shall mean either Jeffrey E. Arnold Sr. or Terri Cassel, if either is unable to serve as Joint co- Agents. b. Successor Agent. The term Successor Agents shall mean the person or persons who are authorized to act as my Agents in the event that the co-Agent and every Successor Agents with higher precedence: (1) is not available to act as m Agent, (2) declines, resigns, or otherwise ceases to act as my Agent, or (3) is no longer an Agent because of the Principal's revocation of that person's appointment or authority to act as Agents. A Successor Agent shall have no authority to act as Agent if the co joint Agents or any Successor Agent with higher precedence is available, authorized, and willing to act as Agents. c. Substitute Agent. The term Substitute Agents shall mean the person or persons to whom one or more of an Agents's powers hereunder are delegated by my Agents in conformity with the terms of this Power of Attorney. d. Joint Co-Agents. The term Joint Co-Agents shall mean that the persons named as Co-Agents of that precedence (whether Primary, Successor, or Substitute) must act jointly, and are not authorized to act independently except in such circumstances, if any, as shall otherwise be specified in this Power of Attorney. e. (b) Limited Gifts. Except as otherwise specified in this Power of Attorney, the power to make limited gifts shall mean that my Agent shall have the authority to make gifts on my behalf, which are limited' as follows: 8 (1) The class permissible donees shall consist solely of the Principal's children and grandchildren including my Agent if my Agent is a member of this class), or any of them. (2) During each calendar year, the gifts made to any permissible donee, pursuant to the power to make limited gifts, shall have an aggregate value not in excess of, and shall be made in such manner as to qualify in their entirety for the annual exclusion from the Federal Gift Tax permitted under section 2503(b) of the Internal Revenue Code of 1986 as a qualified transfer. (3) In addition to the gifts authorized in subparagraphs (1) and (2) above, my Agent may make gifts for the tuition or medical care of any permissible donee to the extent that the gift is excluded from the Federal Gift Tax under section 2503 (e) of the Internal Revenue Code of 1986 as a qualified transfer. (4) Unless otherwise stated in this Power of Attorney, gifts made to any permissible donee, pursuant to the power to make limited gifts, need not be equal or proportionate and my Agent may entirely exclude one or more permissible donees, and the pattern followed on the occasion of any gift or gifts need not be followed on the occasion of any other gift or gifts. (5) The existence of the power to make limited gifts shall not be interpreted to limit the power of my Agents to make unlimited gifts to my spouse if that authority is otherwise granted tom Agents b this Power of Attorney. Dated March 2007. 2 CY BEINHOWER 9 We, the undersigned, declare that NANCY BEINHOWER is personally known to us, that the Principal signed or made the Principal's mark on this document titled Financial Power of Attorney (the "document"), or the document was signed on behalf of and at the direction of the Principal in our presence, that we have signed our names to the document, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that we are not related to or a beneficiary of the Principal, and that we are not a person appointed as Agent by this document or a person who signed the document on behalf of and at the direction of the Principal, and that we are each 18 years of age or over. FIRST WITNESS: SECOND WITNESS: _ Ei;?. 7 Du o... 5 cf 10 10 /z 5 t IVY' A13338 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS ON THIS, the -)I st day of maTh, QXJ before me, NaM T. 13 e r the undersigned officer, personally appeared [name of Dr own to me or satisfa&rily proven to be the person whose name is subcri ed l-owiQun instrument, and acknowledged that the Principal executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarized seal. AOdaw j (h Notary Public T ? c:22914 M-- Diana'1'..?er?yf? fiC Susquehanna Twp.. Commission epennsylvania Assoc es My Commission Expires ;},; e. 11 FINANCIAL POWER OF ATTORNEY OF NANCY BEINHOWER ACKNOWLEDGEMENT EXECUTED BY AGENT I, JEFFERY E. ARNOLD, HAVE READ THE ATTACHED POWER OF ATTORNEY AND AM THE PERSON IDENTIFIED AS THE AGENT FOR THE PRINCIPAL. I HEREBY ACKNOWLEDGE THAT, IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR IN 20 Pa.C.S. § 5601, WHEN I ACT AS AGENT: I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL. I SHALL KEEP THE ASSESTS OF THE PRINCIPAL SEPARATE FROM MY ASSESTS. I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE. I SHALL KEEP A FULL AND ACCURATE RECORD OF ALL ACTIONS, RECEIPTS, AND ON BEHALF OF THE PRINCIPAL. 9 Y R. ARNOLD, SR., Joint co-Agent /41* ,,cc4i ; ,2 oa 7 DATE 12 .p5 ?uf gar °? `9s J . ?:'fJF:a' 1/ ?i ?€ ! ,M FINANCIAL POWER OF ATTORNEY OF NANCY BEINHOWER ACKNOWLEDGEMENT EXECUTED BY AGENT I, TERRI A. CASSEL, HAVE READ THE ATTACHED POWER OF ATTORNEY AND AM THE PERSON IDENTIFIED AS THE AGENT FOR THE PRINCIPAL. I HEREBY ACKNOWLEDGE THAT, IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR IN 20 Pa.C.S. § 5601, WHEN I ACT AS AGENT: I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL. I SHALL KEEP THE ASSESTS OF THE PRINCIPAL SEPARATE FROM MY ASSESTS. I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE. I LL EP LL ND ACCURATE RECORD OF ALL ACTIONS, RECEIPTS, AND ISBUR O HALF OF THE PRINCIPAL. SEL, Jo?ftt co-Agent DATE 13 ?w' ??? ??!? '? ?' - -t> ??-?: ,. w a P N 7lfl?? ???° OOmUI • ° a..tnoc"» ?"'?o 2Uf?-O o x U w E 0 -- P n -? N ?i et o ?? o Y O F A g S 1 V Q W W n r_. TA N C-7) C= CX) C7 H f ST r 7": s?J iii SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINCOLN NATIONAL LIFE INS ETAL VS BEINHOWER BARRY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BEINHOWER BARRY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 29th , 2008 , attached return from YORK s office was in receipt of the Sheriff's Costs: So oport Docketing 18.00 Out of County 9.00 Surcharge 10.00 Z 'i'ho a Dep York County 99.60 Sheri f Postage 8.65 14 5 .2 5 ? G/o f 05/29/2008 BUCHANAN INGERSOLL & ROONEY Sworn and subscribe to before me this day of , s: s Kline of Cumberland County A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINCOLN NATIONAL LIFE INS ETAL VS BEINHOWER BARRY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ROGOWICZ NANCY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 29th , 2008 , this office was in receipt of t attached return from YORK Sheriff's Costs: So a Docketing 6.00 Out of County .00 Surcharge 10.00 R':"-Th as Klin .00 0' "/ her' f of Cumberland County .00 16.00 ? 05/29/2008 BUCHANAN INGERSOLL & ROONEY Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINCOLN NATIONAL LIFE INS ETAL VS BEINHOWER BARRY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 29th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So w Docketing 6.00 Out of County .00 Surcharge 10.00 omas Kline .00 ?S,9 iff of Cumberland County .00 16.00 ? 6 05/29/2008 BUCHANAN INGERSOLL & ROONEY Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINCOLN NATIONAL LIFE INS ETAL VS BEINHOWER BARRY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ?n nnmTmi: nV r-TTTD n VTATL7(1Te7VD but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 29th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So an Docketing 6.00 Out of County 9.00 Surcharge 10.00 as Kline dep Dauphin County 35.25 Sheriff of Cumberland County .00 60.25 ? L1t?G 05/29/2008 BUCHANAN INGERSOLL & ROONEY Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LINCOLN NATIONAL LIFE INS ETAL VS BEINHOWER BARRY ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BEINHOWER NANCY the DEFENDANT , at 1848:00 HOURS, on the 1st day of May , 2008 at 4831 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 NANCY BEINHOWER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 12.00 Affidavit .00 Surcharge 10.00 .00 28.00 So Answers: R. Thomas Kline 05/29/2008 BUCHANAN INGERSOLL ROONEY Sworn and Subscibed to By: before me this day Deputy Sh 'ff of A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania Lincoln National Life Insurance CcmPanY vs. 08-2526 civil Barry Beinhower et al No. SERVE: Terri Cassel exec of estate of Clair Beinhower Now, April 24, ; 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT County, PA tlit of the ?Imruf Mary Jane epSnyder uYy Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick sheriff Commonwealth of Pennsylvania LINCOLN NATIONAL LIFE INSURANCE COMPANY VS County of Dauphin TERRI CASSEL EXEC OF ESTATE OF CLAIR BEINHOWER Sheriffs Return No. 2008-T-0922 OTHER COUNTY NO. 08-2526 And now: APRIL 30, 2008 at 8:15:00 AM served the within NOTICE & COMPLAINT upon TERRI CASSEL EXEC OF ESTATE OF CLAIR BEINHOWER by personally handing to GREGORY CHELAP 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 3511 NORTH FRONT STREET HARRISBURG PA 17110 ATTORNEY Sworn and subscribed to before me this 30TH day of April, 2008 So Answers, t?w NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Ex fires t l 2010 Sheriff of Dauphin C P . By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $35.25 4/28/2008 !, ! • ?i !- !' ! ! ! ! l! ! ! ! PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 /- COUNTY OF YORK 1OF3 OFFICE OF THE SHERIFF S(717) 771-9601L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Lincoln National Life Insurance Companv 2 COURT NUMBER 08-2526 civil 3 DEFENDANT/S/ 7 4. 1 T rt UI- VVKI1 UK LUMrLAm 1 Barry Beinhower et al Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Barry Beinhower 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP. STATE AND ZIP CODE) AT 285 Big Springs Road Ettersr PA 17319 7. INDICATE SERVICE ? PERSONAL O PERSON IN CHARGE XQIDEPUTIZE l C RT MAIL ? 1ST CLASS MAIL 0 POSTED LI OTHER NOW -April 20 I, SHERIFF OF C UNTY, PA, dig hereby deputes 1pe sheriff of York COUNTY to execute this. make r n t ceding to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF iiiiiii?COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. O/C Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE 175.00 PD BY CUMBERLAND COUNTY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before shenffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED NICOLE L BORDA ESQ.OF BUCHANON INGERSOLL&ROONEY 1717-237-48201 4/18/08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW' (This area must be completed 6 notice is to be mailed) CUMBERLAND COUNTY SHERIFF ONE COURTHOUSE SQUARE CARLISLE PA 17013 SPACE BELOW FOR USE OF THE SHERIFF - 00 NOT WRITE BELOW TM LME 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. LT M MCGILL 4/28/08 5/18/08 16. HOW SERVED. PERSONALK RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( } SEE REMARKS BELOW 17. O I hereby certiy and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF DIWOU L SERVED/ LIST ADDRESS HERE IF NOT SHO BOVE ( elalbonship to Defendant) 19. Date of Service20 Time ot3pice 0 LA) 21. ATTEMPTSkij? Time Miles nt.. D to Time Miles Int Date time Miles Int Date Tune Miles Int Date Time Mites Int. Date Time Miles Int. '41e I q0 22. REMARKS'. 23. Advance Costs 24 Service Costs 25 N!F 26. Mileage 27. Postage 26. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33.Go* Ire or Refund Check No 17 5 - 00 1 30,001 1(O'O.GQ q0' (cam oo P. too `? O 27?a 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38 Mileage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund 41. AFFIRMED and subscribed to bet a me thi SO A RS 42. day $43. " 44. Signature of Dep. SheriR 45. -. 46. Signature of York 47. DATE E L 17', 1 c yn, z County Sheriff ' 9 4 m 2 4 r e 5/20/08 .? CC! - RTCHARD 1 ?? ? 1;1 Vl JR FR S--ER .. ?.---...-_ _. c,.....__ ? T - .. .. _ ?.- PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 COUNTY OF YORK 20F3 OFFICE OF THE SHERIFF SER )17 E CAL 9601`) 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE 1NSTRWT1ONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LME 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Lincoln National Life Insurance Company 3 DEFENDANT/S/ Barry Beinhower et al 2 COURT NUMBER 4. TYPE OF WRIT OR COMPLAINT Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTA(;HhU, UK aULU Nancy Rogowicz 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 2957 Herrl Court Dallastown PA 17313 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE U CERT MAIL U 1 ST CLASS MAIL U POSTED U OTHER NOW April 2 I, SHERIFF OF C UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this eke return according to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Please mail return of service to CLmlberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for arty kiss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED NICOLE L BORDA ESQUIRE 1717-237-4820 4/18/08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed A notice is to be mailed) CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. LT M MCG I LL 4/2 8/08 5/ ' 18/08 16. HOW SERVED' PERSONAL RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( OTHER ( ) SEE REMARKS BELOW IT U I hereby certify and return a NO OUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. E ITLE OF INOIVI L SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 T me of Se T;T , , 21. A PT D to 4 a Miles nt. e i M es Int. Date Time Miles Int. Dale Time Miles Int. Dale Time Miles Int Dale Time Mites Int T 1 3a t v 04 / TA 22 . REMARKS: A-/ co ve 10j/ 23. Advance Costs 24 Service Costs 25 N/F 26 Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 132 Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service costs 37 Notary Cert. 38 Mdeage/PostagelNot Found 39 Total Costs 40. Costs Due or Refund 41. 42 44. Signature of f Dep.ShenO SEALP NOTARY 46. Signature of York LI` ,!_ F3 ,CA NOTARYPUBLIC County Sheriff C1Tr` . - ¢( COUNTY RICHARD P MY COP ., _._ ,??,'.t: so 45. 47 DATE 5/20/08 49 DATE ---- COUNTY OF YORK 30F3 OFFICE OF THE SHERIFF S(R;';'g01 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER 08-2526 civil Lincoln National Life Insurance Cctnpany 3 DEFENDANT/S/ Barry Beinhower et al 4 TYPE OF WRIT OR COMPLAINT Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Courtny Meyers .?d 6 ADDRESS (STREET OR RFO WITH BOX N MBER, APT NO ,CITY, BORO, TWP STATE AND ZIP CODE) AT 2957 Herrlyn Court Dallastown, PA 17313 7. INDICATE SERVICE: O PERSONAL ? PERSON IN CHARGE DEPUTIZE 0 CERT IL ? 1ST CLASS MAIL ? POSTED O OTHER NOW April 24 , 2008 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this a return th cording to law. This deputization being made at the request and risk of the plaintiff., s SHERIFF OFD OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE O/C Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER ril, D ATE FILED NICOLE L BORDA ESQ 717-237-4820 /18/08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SfERFF - DO NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED( ) POE { ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a N T FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME ITLE OF INDh/ID RVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date oI Service 2?:me of Sep5e k /7 0, Qc? r Jf? 4(t/P ;J 21 A E P S ate Tim its L ate 1#% es Int. Dale Time Miles Int Date Time Miles Int. Dale Time Miles IN Dale Time Miles Int. 22. REMARKS: THIS WAS SIGN FOR BY NANCY ROGOWICZ MOTHER OF COURTNY A MINOR CHILD. 23. Advance Costs 24. Service Costs 25 N/F 26 Mileage 27 P 28 Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37Notary Cert. 38. Mileage/PostaVJNot Found 39. Total Costs 40 Costs Due or Refund 41 AFFIRMED and subscrib d t b f th TH SO ANSWERS . e o e me i 42, day of C?NyliprOCv'f11i3??51??- 44. Signature of Dep. Sheriff 45. DATE 46. Signature of York r 47. DATE LISA I a f, ND TARY PUBLIC I County Sheriff C 1F wK000NTY - 5/20/08 MY -S AUG. 12 2009 48 Signature of Foreign 49 DATE , County Sheriff 3u. i AVRrvvvVLtuut Ntt,tirI yr i nt antrarr J Kt i UKN WUNAIUNt 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Isswng Authority 2. PINK - Attorney 3. CANARY -Sheriffs Office 4. BLUE - Shenlfs Office IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON NATIONAL INSURANCE COMPANY, CIVIL ACTION - EQUITY Plaintiff, V. CASE NO. 07-6648 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, 01- ?_ 6-:L` ? COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. MOTION FOR CONSOLIDATION AND NOW, this 18`h day of June, 2008, Defendant, Terri Cassel, Executrix of the Estate of Clair Beinhower (hereinafter "Cassel") by and through her counsel, Jacqueline Welby, Esq., of the law office of Skarlatos & Zonarich, LLP, requests that this Honorable Court enter an Order consolidating the above captioned action with another pending action and in support thereof avers as follows: 1. Plaintiff, Washington National Insurance Company, filed a Complaint for Equitable Interpleader on October 31, 2007 against Defendant, Cassel, as Executrix for the Estate of Clair Beinhower, and other parties as listed in the caption, requesting that this Court accept the proceeds of an annuity in the amount of $36,962.46, to be deposited with the Court and to hear the adverse claims of Defendants, as the Defendants have adverse claims to the proceeds. 2. In another action pending before this Court, Lincoln Financial Group filed a Complaint for Equitable Interpleader on April 18, 2008, 08-2526 Civil Term, against the identical Defendants, requesting that Lincoln be permitted to deposit an annuity in the amount of $16,650.00 proceeds and hear the adverse claims of the Defendants to the annuity proceeds. 3. The above-captioned matters involve common questions of both law and fact, and much, if not all, of the discovery and evidence presented in connection with one of the cases will be equally applicable to the discovery and hearing of the other action. 4. Both interpleader actions involve questions as to the validity of the change of beneficiary designations on the annuities issued by the Plaintiff insurance companies by the agent under the Power of Attorney of decedent Clair Beinhower. 5. Washington National Insurance Company, Lincoln Financial Group, and the Defendants to both actions, through their individual counsel, consent to this motion. 6. This Honorable Court has not ruled on any matter in either of the actions in which consolidation is requested. WHEREFORE, Defendant Terri Cassel, Executrix of the Estate of Clair Beinhower, respectfully requests that this Honorable Court order these actions consolidated. Skarlatos & Zonarich, LLP -/r Dated: S - r By: J elfin . Welby, Esquire preme Ct. I.D. # 57672 17 S. Second Street, 6`h Floor Harrisburg, PA 17101 (717) 233-1000 Attorney for Defendant 0 ' s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON NATIONAL INSURANCE COMPANY, CIVIL ACTION - EQUITY Plaintiff, V. CASE NO. 07-6648 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, CIVIL ACTION - EQUITY d/b/a LINCOLN FINANCIAL GROUP Plaintiff, V. TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. VERIFICATION CASE NO. 08-2526 CIVIL I, Jacqueline Welby, Esq., attorney for Defendant Terri Cassel, Executrix of the Estate of Clair Beinhower, verify that I have read the foregoing document and that the facts set forth therein are true and correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. Cons. Stat. § 4904 related to unsworn falsification to authorities. Dated: J ine elby IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON NATIONAL INSURANCE COMPANY, Plaintiff, CIVIL ACTION - EQUITY V. BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. CASE NO. 07-6648 CIVIL TERM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff, CIVIL ACTION - EQUITY V. BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. CASE NO. 08-2526 CIVIL TERM CERTIFICATE OF SERVICE I, Jacqueline Welby, Esquire, an attorney with the law firm of Skarlatos & Zonarich, LLP, hereby certify that I this day served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Stephen Portko, Esq. Nicole L. Bordo, Esq. Thomas Archer, Esq. Bratic & Portko Buchanan Ingersoll & Rooney, PC Archer & Archer, P.C. 101 S. U.S. Route 15 213 Market St., 3'd Flr 2515 N. Front St. Dillsburg, PA 17019 Harrisburg, PA 17101 Harrisburg, PA 17110 Dated: -is 0 e a a uelin elby 4L. C ° .x? - cr+ .-c 1 l SKARLATOS & ZONARICH LLP Jacqueline M. Welby, Esq 17 South Second Street, 6`h Floor Harrisburg, Pennsylvania 17101 (717) 233 - 1000 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff, V. CIVIL ACTION - EQUITY CASE NO. 08-2526 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Nancy Beinhower and Terri Cassel, Executrix of the Estate of Clair Beinhower in the above-captioned matter. Respectfully submitted, Dated: (2- ar S]KA]R]LATOS & ZONARJCH LLP By: jacelin&. Welby, Esquire a on No. 57678 h Second Street, 6th Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorney for Defendants Nancy Beinhower and Terri Cassel, L ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff, V. CASE NO. 08-2526 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. CERTIFICATE OF SERVICE I, Jacqueline M. Welby, Esquire, attorney for Defendants, Nancy Beinhower and Terri Cassel, Executrix of the Estate of Clair Beinhower, hereby certify that I this day served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Nicole Borda Buchanan Ingersoll & Rooney 213 Market Street Harrisburg,PA 17101 CIVIL ACTION - EQUITY Stephan Portko Bratic & Portko 101 S. U.S. Route 15 Dillsburg, PA 17019 Respectfully submitted, Dated: 0 S]KAR[.ATOS & ZONAPdCH LLP By: jno?d J ine . Welby I debtl No. 57678 17 South Second Street, 6t' Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorney for Defendants, Nancy Beinhower Tern Cassel, Executrix of the rr- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP, Plaintiff, CIVIL ACTION-EQUITY V. CASE NO. 08-2526 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants. DEFENDANTS TERRI CASSEL and NANCY BENIHOWER'S ANSWER TO COMPLAINT FOR EQUITABLE INTERPLEADER AND NOW, comes Defendant Terri Cassel, in her capacity as Executrix and as Power of Attorney for Nancy Beinhower, by and through her counsel, Jacqueline M. Welby, Esquire, Skarlatos & Zonarich, LLP, and responds to Plaintiffs Complaint as follows; 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, Defendant Cassel's attorney, Jacqueline Welby's current address is 17 S. 2nd Street, Harrisburg, PA 17101 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted. 26. Admitted. 27. Denied. After reasonable investigation, Defendant is without sufficient information to determine the accuracy of the averments of the paragraph and such averments are therefore denied. Respectfully submitted, By Dated: June 20, 2008 Fax: (717)236-69 SKARLATOS & ZONARICH, LLP cque e WAY Attorney I.D. 57678 17 S. Second Street, 6h Floor Harrisburg, PA 17101 Tel. (717) 233-1000 2 4 CERTIFICATE OF SERVICE I, Jacqueline Welby, Esquire, an attorney with the law firm of Skarlatos & Zonarich, LLP, hereby certify that I this day served a copy of Defendants Cassel and Beinhower Answer to the Complaint for Equitable Interpleader upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Stephen Portko, Esq. Nicole L. Borda, Esq. Bratic & Portko Buchanan Ingersoll & Rooney, PC 101 S. U.S. Route 15 213 Market St., 3rd Flr Dillsburg, PA 17019 Harrisburg, PA 17101 Dated: ????f ?quelrj?IMelby VERIFCATION I, Jacqueline M. Welby, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing Answer to the Complaint are true to the best of my knowledge, information and belief, upon information supplied by Defendant Cassel. The verification of Defendant, Terri Cassel, could not be obtained in time for this filing. I understand that false statements make herein are made subject to the penalties of 18 Paa.C.S.A. § relating to unsworn falsification to authorities. V uel' M. Welby, Esq. Dated: June 20, 2008 4 N r"O JUN 2 0 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON NATIONAL INSURANCE COMPANY, CIVIL ACTION - EQUITY Plaintiff, V. CASE NO. 07-6648 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, CIVIL ACTION - EQUITY d/b/a LINCOLN FINANCIAL GROUP Plaintiff, V. CASE NO. 08-2526 CIVIL TERM/ BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. ORDER AND NOW, this oVV4kday of Jlc-nP 2008, upon Motion of Defendant, Terri Cassel, Executrix of the Estate of Clair Beinhower, it is ordered that the above captioned actions are consolidated for purposes of discovery and trial. Notice shall be provided to the following persons: Stephen Portko, Esq., Bratic & Portko, 101 S. U.S. Route 15, Dillsburg, PA 17019 Nicole L. Bordo, Esq., Buchanan Ingersoll & Rooney, PC, 213 Market St., 3" Flr, Harrisburg, PA 17101 Thomas Archer, Esq., Archer & Archer, P.C., 2515 N. Front St., Harrisburg, PA 17110 Jacqueline Welby, Esq., Skarlatos & Zonarich, LLP, 17 S. Second St., 6th Flr, Harrisburg, PA 17101 By the Court: ---V3M . 11% ?rtti QA 07 U/az -?? Sv^'L-) LAfV Lic IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff CIVIL ACTION-EQUITY V. CASE NO. 08-2526 BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Prothonotary Kindly enter default judgment against Barry Beinhower and in favor of Lincoln National Life Insurance Company, d/b/a Lincoln Financial Group. The written notice of intention to file this Praecipe for Default Judgment against Barry Beinhower is hereby certified as being mailed to Defendant Barry Beinhower. BUCHANA GERSOLL & ROONEY PC By• co L. Bord ff'squire I.D. #89214 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Plaintiff DATE: July 9, 2008 . ''y 41 CERTIFICATE OF SERVICE I, Nicole L. Borda, Esquire, certify that I am this day serving a copy of the foregoing Important Notice upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure by United States mail, first class, postage pre-paid as follows: Barry Beinhower 285 Big Spring Road Etters, PA 17319 Nancy Rogowicz 2957 Herrlyn Court Dallastown, PA 17313 Courtney Meyers 2957 Herrlyn Court Dallastown, PA 17313 Jacqueline Welby, Esquire Skarlatos & Zonarich LLP 17 South Second Street, 6th Floor Harrisburg, PA 17101 aeic ?L. a DATE: July 9, 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff, CIVIL ACTION-EQUITY V. CASE NO. 08-2526 BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants. To: Barry Beinhower 285 Big Spring Road Etters, PA 17319 Date of Notice: June 12, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ;;N*ole NAN GERSOLL & ROONEY PC L. Bo , Esquire I.D. #89214 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Plaintiff ?-' ?, ?? '?. rt;? ° ? ? % t g: ? ==? is ... ? ,? ?''?,, ?, w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff CIVIL ACTION-EQUITY V. CASE NO. 08-2526 BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Prothonotary Kindly enter default judgment against Nancy Rogowicz and in favor of Lincoln National Life Insurance Company, d/b/a Lincoln Financial Group. The written notice of intention to file this Praecipe for Default Judgment against Nancy Rogowicz is hereby certified as being mailed to Defendant Nancy Rogowicz. BUCHAN INGE SOLL & ROONEY PC B i ole L. B , Esquire I.D. #8921 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Plaintiff DATE: July 9, 2008 +_ 46 CERTIFICATE OF SERVICE I, Nicole L. Borda, Esquire, certify that I am this day serving a copy of the foregoing Important Notice upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure by United States mail, first class, postage pre-paid as follows: Barry Beinhower 285 Big Spring Road Etters, PA 17319 Nancy Rogowicz 2957 Herrlyn Court Dallastown, PA 17313 Courtney Meyers 2957 Herrlyn Court Dallastown, PA 17313 Jacqueline Welby, Esquire Skarlatos & Zonarich LLP 17 South Second Street, 6th Floor Harrisburg, PA 17101 YL. a DATE: July 9, 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff, CIVIL ACTION-EQUITY V. BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants. To: Nancy Rogowicz 2957 Herrlyn Court Dallastown, PA 17313 Date of Notice: June 12, 2008 CASE NO. 08-2526 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service Carlisle, PA 17013 (717) 249-3166 BUCHANA GERSOLL & ROONEY PC '// 0' By icole L. Bo; f , Esquire I.D. #89214 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Plaintiff 3 F' N Vy ° C7 G -.a .IN It 1% IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, : d/b/a LINCOLN FINANCIAL GROUP Plaintiff CIVIL ACTION-EQUITY V. CASE NO. 08-2526 BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Prothonotary Kindly enter default judgment against Courtny Myers and in favor of Lincoln National Life Insurance Company, d/b/a Lincoln Financial Group. The written notice of intention to file this Praecipe for Default Judgment against Courtny Myers is hereby certified as being mailed to Defendant Courtny Myers. BUCHAN INGERSOLL & ROONEY PC WBy ?Kiol L. B MIA' Esquire I.D. #8921 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Plaintiff DATE: July 9, 2008 CERTIFICATE OF SERVICE I, Nicole L. Borda, Esquire, certify that I am this day serving a copy of the foregoing Important Notice upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure by United States mail, first class, postage pre-paid as follows: Barry Beinhower 285 Big Spring Road Etters, PA 17319 Nancy Rogowicz 2957 Herrlyn Court Dallastown, PA 17313 Courtney Meyers 2957 Herrlyn Court Dallastown, PA 17313 Jacqueline Welby, Esquire Skarlatos & Zonarich LLP 17 South Second Street, 6th Floor Harrisburg, PA 17101 co e L. T I DATE: July 9, 2008 Ii IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff, CIVIL ACTION-EQUITY V. CASE NO. 08-2526 BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants. To: Courtney Meyers 2957 Herrlyn Court Dallastown, PA 17313 Date of Notice: June 12, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 332 South Bedfbrd Street Carlisle, PA 17013 (717) 249-3166 * F. BUCHANA GERSOLL & ROONEY PC B: y is e L. B ama, Esquire I.D. #8921 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Plaintiff C i :ja c Bratic & Portko Stephen K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 Tel: (717) 432-9706 Fax: (717) 432-9220 Email: braticportko@aol.com Attorneys for Defendants, Barry Beinhower, Nancy Rogowicz and Courtney Myers, a Minor Child IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON NATIONAL INSURANCE COMPANY, CIVIL ACTION - EQUITY Plaintiff, V. CASE NO. 07-6648 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, CIVIL ACTION - EQUITY d/b/a LINCOLN FINANCIAL GROUP Plaintiff, V. BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. CASE NO. 08-2526 CIVIL TERM PETITION FOR APPROVAL OF MINOR'S SETTLEMENT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Pursuant to Pa. R.C.P. No. 2039, Nancy Rogowicz, the parent and natural guardian of minor Courtney Myers, by and through her attorneys, Bratic & Portko, petitions this Court to enter an order permitting settlement in compromise of these actions, and in support avers the following: BACKGROUND 1. Nancy Rogowicz is the parent and natural guardian of minor, Courtney Myers, who was born on November 24, 2001, and who is presently 7 years of age. 2. Courtney Myers, the minor, beneficiary designee resides with her mother and natural guardian at 555 Hillcrest Road, York, York County, Pennsylvania. HISTORY OF CONTROVERSARY 3. On March 17, 2007, Clair Beinhower, (the "Decedent") died, a resident of Cumberland County, Pennsylvania. 4. At the time of Decedent's death, there was in existence a deferred annuity, policy no. EN5328266 (Annuity) issued by Lincoln Financial Group, successor to Jefferson -Pilot Life Insurance Company to Clair Beinhower, Decedent (Annuitant). The annuity proceeds with accrued interest are approximately $16,650.00. 5. There was also in existence at the time of Decedent's death a flexible premium deferred index annuity issued Washington National Insurance Company (to Annuitant). The annuity proceeds with accrued interest approximately $39,962.46. 6. After the death of the annuitant, a dispute arose between Barry Beinhower, Nancy Rogowicz, Courtney Myers, Nancy Beinhower, and Terri Cassel, Executrix of the Estate of Clair Beinhower over the proper beneficiaries of the two (2) policies. 7. Subsequently, Plaintiff Washington National Insurance Company filed a Complaint for Equitable Interpleader on October 31, 2007 (Equity Case No. 07-6648 Civil Term) against Defendant Cassel, as Executrix for the Estate of Clair Beinhower, and other parties as listed in the caption requesting that this Court accept the proceeds of an annuity in the amount of $36,962.46, to be deposited with the Court and to hear the adverse claims of Defendants, as the Defendants have adverse claims to the proceeds. 8. In another action pending before this Court, Lincoln Financial Group also filed a Complaint for Equitable Interpleader on April 18, 2008, (EQUITY Case No. 08-2526 Civil Term) against the identical Defendants, requesting that Lincoln be permitted to deposit with the court their annuity proceeds in the amount of $16,650.00 and hear the adverse claims of Defendants to the annuity proceeds. 9. Both interpleader actions involved questions as to the validity to the change of beneficiary designations on the annuities issued by the insurance companies at the request of an agent (Barry Beinhower) under the Power of Attorney of Decedent, Clair Beinhower. 10. Terri Cassel, Executrix of the Estate of Clair Beinhower and Nancy Beinhower, through their attorney, Skarlatos & Zonarich LLP, and Defendants Barry Beinhower, Nancy Rogowicz, and Courtney Myers, a Minor, through their attorney, Bratic and Portko, have reached an agreement regarding the distribution of the insurance proceeds. 11. The following agreements to settle have been proposed: A. WASHINGTON NATIONAL INSURANCE COMPANY In accordance with a proposed Settlement Agreement and Release attached hereto and marked Exhibit A. In summary the proceeds of the annuity, policy number VAR002347, issued by Plaintiff, Washington National Insurance Company ("WNIC") be divided amongst the Defendants as follows: 50% payable to Nancy Beinhower 50% payable to Barry Beinhower, Nancy Rogowicz, and Courtney Meyers to be allocated in equal shares. The amount payable to Courtney Meyers, a minor child, is to be held in an interest bearing account until she turns eighteen (18) years of age. B. LINCOLN NATIONAL LIFE INSURANCE COMPANY In accordance with a proposed Settlement Agreement and Release attached hereto and marked Exhibit B. In summary the proceeds of the annuity, policy number EN5328266, issued by Plaintiff, Lincoln National Life Insurance Company, d/b/a Lincoln Financial Group ("LFG") be divided amongst the Defendants as follows: 50% payable to Nancy Beinhower 50% payable to Barry Beinhower, Nancy Rogowicz, and Courtney Meyers to be allocated in equal shares. The amount payable to Courtney Meyers, a minor child, is to be held in an interest bearing account until she turns eighteen (18) years of age. 12. The Petitioner and counsel seek approval of the total settlement on behalf of the Minor, Courtney Myers, in accordance with the distribution outlined in paragraph 11, (A) & (B) the amount of $ because they believe it represents a full and fair settlement of the case equal to or greater than that which may be obtained should the matter be fully litigated. 13. Counsel for Petitioner is of the professional opinion that due to the uncertainties of litigation, the proposed compromise is reasonable and is in the best interest of the minor, plaintiff, Courtney Myers. 14. Petitioner, Nancy Rogowicz, the parent and natural guardian of minor, Courtney Myers, concurs in the proposed settlement and distribution. 15. Nancy Beinhower and Terri Cassel, Executrix of the Estate of Clair Beinhower, by and through their attorneys, John R. Zonarich, Esquire of Skarlatos & Zonarich LLP join in this petition and concur in the settlement and compromise of these actions. 16. Petitioners, further approve the proposed distribution contained in the form Order attached. 17. No hearing is requested. WHEREFORE, Petitioner, Nancy Rogowicz, the parent and natural guardian of Courtney Myers, requests that this Court enter an Order approving the proposed Settlement and Compromise, authorize Petitioner to make distribution pursuant to the Petition, to execute all necessary releases and endorse all checks. Respectfully submitted, Dated: January 11_, 2009 BY: ?- Stephe K. Portko, Esq. Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 Tel: (717) 432-9706 Fax: (717) 432-9220 Email: braticportko ,aol.com VERIFICATION I, Nancy Rogowicz, hereby certifies that the facts set forth in the following Petition are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the Petition is that of counsel and not my own. I have read the Petition, and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Petition is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Petition are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: A C 667 CERTIFICATION OF PARENTS AND NATURAL GUARDIANS I, Nancy Rogowicz, hereby certify that I am the parent and natural guardian of the minor, Courtney Myers, who is presently seven (7) years of age. I have reviewed and discussed with counsel the proposed settlement and distribution as set forth in the foregoing petition including the proposed order and schedule of distribution. I have signed this certification, concur with and join in this petition and I recommend that the court approve this settlement and distribution schedule. I understand that this certification is made pursuant to provision 18 Pa. Cons. Stat. § 4904, relating to untold falsification to authority. Dated: - /./ 1, Jr,4 ? 0 U-/ i 'U Nancy Rog icz CERTIFICATE OF SERVICE I, 5 ??n - v\ l< . y 4 k<,j , an employee with the law firm of Bratic & Portko, hereby certify that I this day served a copy of the foregoing PETITION FOR APPROVAL OF MINOR'S SETTLEMENT upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Nancy Rogowicz 555 Hillcrest Road York, PA 17403 John R. Zonarich, Esquire Skarlatos & Zonarich LLP 17 South Second Street, 6th Fl Harrisburg, PA 17101 Attorneys for Defendants Terri Cassel and Nancy Beinhower Thomas A. Archer, Esquire Archer & Archer P.C. 2515 North Front Street P.O. Box 5056 Harrisburg, Pa 17110 Attorney for Plaintiff, Washington National Insurance Company Nicole L. Borda, Esquire Buchanan Ingersoll & Rooney PC 213 Market Street, 3`d Floor Harrisburg, PA 17101 Attorney for Plaintiff Lincoln National Life Insurance Company Date: January 1 3 , 2009 EXHIBIT "A" Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 tarcherOa archerandarcher.com Attorney for Plaintiff, Washington National Insurance Company WASHINGTON NATIONAL INSURANCE COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff, V. : CIVIL ACTION - EQUITY BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI : DOCKET NO.: 07-6648 CIVIL TERM CASSELL, Executrix of the Estate of Clair Beinhower, : Defendants. SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is made this day of January, 2009, between and among Plaintiff, Washington National Insurance Company ("WNIC") and Defendants, Barry Beinhower, Nancy Rogowicz, Courtney Myers through her parent and natural guardian, Nancy Rogowicz, Nancy Beinhower and Terri Cassel, Executrix of the Estate of Clair Beinhower. WHEREAS, there was in existence a flexible premium deferred index annuity, policy number VAR002347 ("Annuity") issued by WNIC to Clair Beinhower ("Annuitant") WHEREAS, the Annuity provided a death benefit of $36,585.85 payable upon the death of the Annuitant ("Annuity Proceeds"). WHEREAS, Defendant, Nancy Beinhower has made a claim to WNIC for the Annuity Proceeds and Defendants, Barry Beinhower, Nancy Rogowicz and Courtney Myers have made a separate claim to WNIC for the Annuity Proceeds. WHEREAS, WNIC filed it's Complaint for Equitable Interpleader in the above- captioned action on or about November 1, 2007, requesting a Court Order, among other things, decreeing that the value of the Annuity Proceeds, $39,962.46, be tendered to the Court, that WNIC be discharged from all liability to the relative claims and ordering the Defendants to appear and present their claims to the Annuity Proceeds. WHEREAS, each of the Defendants has filed an Answer to the Complaint for Equitable Interpleader, seeking to perfect the claim of each to the Annuity Proceeds. WHEREAS, the Defendants have conferred and agreed that it is in their mutual best interest to forego continued litigation and have agreed to resolve and settle the claims which have been raised or could have been raised among the parties concerning the Annuity and Annuity Proceeds. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and it being the intention of the parties to be legally bound, the parties to this Agreement settle and completely resolve the claims among them as follows: 1. Recitals. The parties hereby incorporate all of the recitals listed above as if set forth at length herein. 2. Settlement Terms. The Annuity Proceeds are $39,962.46. WNIC shall cause one-half of the Annuity Proceeds ($19,981.23) to be issued to the order of Defendant, Nancy Beinhower and shall cause one-half of the Annuity Proceeds ($19,981.23) to be issued to the order of Defendants, Barry 2 Beinhower, Nancy Rogowicz and Courtney Myers, payable to Nancy Rogowicz as trustee on behalf of Courtney Myers, in equal 1/3 shares as nearly as can be calculated. Payment shall be delivered to Defendants' respective counsel within thirty (30) days of the execution of this Settlement Agreement and Release by all Parties and any necessary approval of minor's settlement by the Court. 3. Mutual Release. In exchange for the consideration described in Paragraph 2 herein, the parties agree to fully and forever release each other, including each of their respective officers and directors, subsidiaries, divisions, affiliates, principals, predecessors, successors, assigns, licensees, related companies or entities, heirs and each of their respective present or former officers, directors, employees, shareholders, investors, accountants, owners, trustees, attorneys, agents, and representatives, from any and all liabilities, obligations, claims, actions, causes of action and demands of any type or nature whatsoever, known or unknown, suspected or unsuspected which against each other the parties ever had, now have or hereafter can or shall or may have, arising out of or related in any way to the Defendants claims to the Annuity Proceeds. 4. Dismissal of Action. Upon payment of all sums set forth in Paragraph 2 herein, Plaintiff shall cause the above-captioned action to be dismissed with prejudice. 5. Benefit and No Assignment. Except as otherwise expressly provided, this Settlement Agreement and Release shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and executors. The 3 parties represent and warrant that they have not assigned or in any other manner conveyed any right or claim that they have or may have to any third party, and the parties shall not assign or convey to any assignee for any reason any right or claim covered by this Agreement, or the consideration, monetary or other, to be received hereunder. 6. Full, Final and Binding Agreement. This Agreement represents the full, final integrated agreement of the parties hereto as to the subject matter hereof. This Agreement may only be modified or amended by a further writing executed by the parties hereto. 7. No Admissions. The consideration provided for herein is being exchanged solely to amicably resolve the litigation of disputed claims and neither the exchange of such consideration, nor anything contained herein, shall be taken or construed to be at any time or place an admission on the part of any party hereto of any of the claims alleged or amounts claimed between such parties, and they expressly deny any such claims or amounts claimed. 8. Applicable Law. The parties hereto enter into this Release and Settlement Agreement in the Commonwealth of Pennsylvania, and said document shall be construed and interpreted in accordance with its laws. 9. Severability. Should any part of this Agreement be adjudged unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. 10. Counterparts. This Agreement may be signed an enforced in counterparts and enforced by facsimile signatures. 4 The parties, intending to be legally bound by the terms of this Release and Settlement Agreement hereunto, set their hand and seal on the first date set forth above. ATTEST: WNIC: By: By: Terri Cassel, Executrix of the Estate of Clair Beinhower By: Nancy Beinhower By: Barry Beinhower By: Nancy Rogowicz By: 5 Courtney Myers through her parent and natural guardian, Nancy Rogowicz EXHIBIT "B" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff CIVIL ACTION-EQUITY V. CASE NO. 08-2526 BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, : Defendants SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is made this day of , 2008, between and among Plaintiff, Lincoln National Life Insurance Company, d/b/a Lincoln Financial Group ("Lincoln") and Defendants, Barry Beinhower, Nancy Rogowicz, Courtney Myers, through her parent and natural guardian, Nancy Rogowicz, Nancy Beinhower, and Terri Cassel, Executrix of the Estate of Clair Beinhower. WHEREAS, there was in existence a deferred annuity, policy number EN532826 ("Annuity") issued by Jefferson Pilot Life Insurance Company to Clair Beinhower ("Annuitant"). WHEREAS, the Annuity provided a death benefit of $ upon the death of the Annuitant ("Annuity Proceeds") payable WHEREAS, Defendant Nancy Beinhower has made a claim to Lincoln for the Annuity Proceeds and Defendants, Barry Beinhower, Nancy Rogowicz and Courtney Myers have made a separate claim to Lincoln for the Annuity Proceeds. WHEREAS, Lincoln /filed its Complaint for Equitable Interpleader in the above- captioned action on or about April 18, 2008, requesting a Court Order, among other things, decreeing that the value of the Annuity Proceeds be tendered to the Court, that Lincoln be discharged from all liability to the relative claims and ordering the Defendants to appear and present their claims to the Annuity Proceeds. WHEREAS, the Defendants have conferred and agreed that it is in their mutual best interest to forego continued litigation and have agreed to resolve and settle the claims that have been raised or could have been raised among the parties concerning the Annuity and Annuity Proceeds. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and it being the intention of the parties to be legally bound, the parties to this Agreement settle and completely resolve the claims among them as follows: 1. Recitals. The parties hereby incorporate all of the recitals listed above as if set forth at length herein. 2. Settlement Terms. The Annuity Proceeds are $16,650.00. Lincoln shall cause one-half of the Annuity Proceeds ($8,325.00) to be issued to the order of Defendant, Nancy Beinhower and shall cause one-half of the Annuity Proceeds ($8,325.00) to be issued to the order of Defendants, Barry Beinhower, Nancy Rogowicz, and Courtney Myers, made payable to Nancy Rogowicz as trustee on behalf of Courtney Meyers, in equal 1/3 shares as nearly as can be calculated. Payment shall be delivered to Defendants' respective coupsel within thirty (30) days of the execution of this Settlement Agreement and Release by all Parties and 2 any necessary approval by the Court of the minor's settlement on behalf of Courtney Meyers. 3. Mutual Release. In exchange for the consideration described in Paragraph 2 herein, the parties agree to fully and forever release each other, including each of their respective officers and directors, subsidiaries, divisions, affiliates, principals, predecessors, successors, assigns, licensees, related companies or entities, heirs and each of their respective present or former officers, directors, employees, shareholders, investors, accountants, owners, trustees, attorneys, agents, and representatives, from any and all liabilities, obligations, claims, actions, causes of action and demands of any type or nature whatsoever, known or unknown, suspected or unsuspected which against each other the parties ever had, now have or hereafter can or shall or may have, arising out of or related in any way to the Defendants' claims to the Annuity Proceeds. 4. Dismissal of Action. Upon payment of all sums set forth in Paragraph 2 herein, Plaintiff shall cause the above-captioned action to be dismissed with prejudice. 5. Benefit and No Assignment. Except as otherwise expressly provided, this Settlement Agreement and Release shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and executors. The parties represent and warrant that they have not assigned or in any other manner conveyed any right or claim that they have or may have to any third party, and the parties shall not assign or convey to any assignee for any reason any right 3 or claim covered by this Agreement, or the consideration, monetary or other, to be received hereunder. 6. Full, Final and Binding Agreement. This Agreement represents the full, final integrated agreement of the parties hereto as to the subject matter hereof. This Agreement may only be modified or amended by a further writing executed by the parties hereto. 7. No Admissions. The consideration provided for herein is being exchanged solely to amicably resolve the litigation of disputed claims and neither the exchange of such consideration, nor anything contained herein, shall be taken or construed to be at any time or place an admission on the part of any party hereto of any of the claims alleged or amounts claimed between such parties, and they expressly deny any such claims or amounts claimed. 8. Applicable Law. The parties hereto enter into this Release and Settlement Agreement in the Commonwealth of Pennsylvania, and said document shall be construed and interpreted in accordance with its laws. 9. Severability. Should any part of this Agreement be adjudged unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. 10. Counterparts. This Agreement may be signed and enforced in counterparts and enforced by facsimile signatures, 4 The parties, intending to be legally bound by the terms of this Release and Settlement Agreement hereunto, set their hand and seal on the first date set forth above. ATTEST: LINCOLN NATIONAL LIFE INSURANCE COMPANY By: By: Terri Cassel, Executrix of the Estate of Clair Beinhower By: Nancy Beinhower By: Barry Beinhower By: Nancy Rogowicz By: Courtney Meyers, through her parent and natural guardian, Nancy Rogowicz 5 r' "tj ?r. a Bratic & Portko Stephen K. Portko, Esquire 101 South U.S. Route 15 Dillsbur& PA 17019 Tel: (717) 432-9706 Fax: (717) 432-9220 Email: braticportko@aol.com Attorneys for Defendants, Barry Beinhower, Nancy Rogowicz and Courtney Myers, a Minor Child IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON NATIONAL INSURANCE COMPANY, CIVIL ACTION - EQUITY Plaintiff, V. CASE NO. 07-6648 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, CIVIL ACTION - EQUITY d/b/a LINCOLN FINANCIAL GROUP Plaintiff, V. CASE NO. 08-2526 CIVIL TERM ? BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. AMENDED PETITION FOR APPROVAL OF MINOR'S SETTLEMENT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Pursuant to Pa. R.C.P. No. 2039, Nancy Rogowicz, the parent and natural guardian of minor Courtney Myers, by and through her attorneys, Bratic & Portko, petitions this Court to enter an order permitting settlement in compromise of these actions, and in support avers the following. The Honorable Kevin A. Hess has entered an Order consolidating the cases. BACKGROUND 1. Nancy Rogowicz is the parent and natural guardian of minor, Courtney Myers, who was born on November 24, 2001, and who is presently 7 years of age. 2. Courtney Myers, the minor, beneficiary designee resides with her mother and natural guardian at 555 Hillcrest Road, York, York County, Pennsylvania. HISTORY OF CONTROVERSARY 3. On March 17, 2007, Clair Beinhower, (the "Decedent") died, a resident of Cumberland County, Pennsylvania. 4. At the time of Decedent's death, there was in existence a deferred annuity, policy no. EN5328266 (Annuity) issued by Lincoln Financial Group, successor to Jefferson -Pilot Life Insurance Company to Clair Beinhower, Decedent (Annuitant). The annuity proceeds with accrued interest are approximately $16,650.00. 5. There was also in existence at the time of Decedent's death a flexible premium deferred index annuity issued Washington National Insurance Company (to Annuitant). The annuity proceeds with accrued interest approximately $39,962.46. 6. After the death of the annuitant, a dispute arose between Barry Beinhower, Nancy Rogowicz, Courtney Myers, Nancy Beinhower, and Terri Cassel, Executrix of the Estate of Clair Beinhower over the proper beneficiaries of the two (2) policies. 7. Subsequently, Plaintiff Washington National Insurance Company filed a Complaint for Equitable -Interpleader on October 31, 2007 (Equity Case No. 07-6648 Civil Term) against Defendant Cassel, as Executrix for the Estate of Clair Beinhower, and other parties as listed in the caption requesting that this Court accept the proceeds of an annuity in the amount of $36,962.46, to be deposited with the Court and to hear the adverse claims of Defendants, as the Defendants haveadverse claims to the proceeds. In another action pending before this Court, Lincoln Financial Group also filed a Complaint for Equitable Interpleader on April 18, 2008, (EQUITY Case No. 08-2526 Civil Term) against the identical Defendants, requesting that Lincoln be permitted to deposit with the court their annuity proceeds in the amount of $16,650.00 and hear the adverse claims of Defendants to the annuity proceeds. 9. Both interpleader actions involved questions as to the validity to the change of beneficiary designations on the annuities issued by the insurance companies at the request of an agent (Barry Beinhower) under the Power of Attorney of Decedent, Clair Beinhower. 10. On June 24, 2008, upon Motion of Defendant Terri Cassel, Executrix of the Estate of Clair Beinhower, the Honorable Kevin A. Hess, entered an Order consolidating both interpleader actions, filed to No. 07-6648 and No. 08-2526, for purposes of discovery and trial. 11. Terri Cassel, Executrix of the Estate of Clair Beinhower and Nancy Beinhower, through their attorney, Skarlatos & Zonarich LLP, and Defendants Barry Beinhower, Nancy Rogowicz, and Courtney Myers, a Minor, through their attorney, Bratic and Portko, have reached an agreement regarding the distribution of the insurance proceeds. 12. The following agreements to settle have been proposed: A. WASHINGTON NATIONAL INSURANCE COMPANY In accordance with a proposed Settlement Agreement and Release attached hereto and marked Exhibit A. In summary the proceeds of the annuity, policy number VAR002347, issued by Plaintiff, Washington National Insurance Company ("WNIC") be divided amongst the Defendants as follows: 50% payable to Nancy Beinhower 50% payable to Barry Beinhower, Nancy Rogowicz, and Courtney Meyers to be allocated in equal shares. The amount payable to Courtney Meyers, a minor child, is to be held in an interest. bearing account until she turns eighteen (18) years of age. B. LINCOLN NATIONAL LIFE INSURANCE COMPANY In accordance with a proposed Settlement Agreement and Release attached hereto and marked Exhibit B. In summary the proceeds of the annuity, policy number EN5328266, issued by Plaintiff, Lincoln National Life Insurance Company, d/b/a Lincoln Financial Group ("LFG") be divided amongst the Defendants as follows: 50% payable to Nancy Beinhower 50% payable to Barry Beinhower, Nancy Rogowicz, and Courtney Meyers to be allocated in equal shares. The amount payable to Courtney Meyers, a minor child, is to be held in an interest bearing account until she turns eighteen (18) years of age. 13. The Petitioner and counsel seek approval of the total settlement on behalf of the Minor, Courtney Myers, in accordance with the distribution outlined in paragraph 11, (A) & (B) the amount of $53,612.46 because they believe it represents a full and fair settlement of the case equal to or greater than that which may be obtained should the matter be fully litigated. 14. Counsel for Petitioner is of the professional opinion that due to the uncertainties of litigation, the proposed compromise is reasonable and is in the best interest of the minor, plaintiff, Courtney Myers. 15. Petitioner, Nancy Rogowicz, the parent and natural guardian of minor, Courtney Myers, concurs in the proposed settlement and distribution. 16. Nancy Beinhower and Terri Cassel, Executrix of the Estate of Clair Beinhower, by and through their attorneys, John R. Zonarich, Esquire of Skarlatos & Zonarich LLP join in this petition and concur in the settlement and compromise of these actions. 17. Petitioners, further approve the proposed distribution contained in the form Order attached. 18. No hearing is requested. 19. The concurrence of all counsel of record, John R. Zonarich, Esq., Thomas Archer, Esq. and Nicole L. Bordo, Esq., was sought and all counsel concur in the Petition. WHEREFORE, Petitioner, Nancy Rogowicz, the parent and natural guardian of Courtney Myers, requests that this Court enter an Order approving the proposed Settlement and Compromise, authorize Petitioner to, make distribution pursuant to the Petition, to execute all necessary releases and endorse all checks. Dated: January I S , 2009 Respectfully submitted, BY: Stephen K. Portko, Esq. Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 CERTIFICATE OF SERVICE I, Stephen K. Portko, of Bratic & Portko, hereby certify that I this day served a copy of the foregoing AMENDED PETITION FOR APPROVAL OF MINOR'S SETTLEMENT upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Nancy Rogowicz 555 Hillcrest Road York, PA 17403 John R. Zonarich, Esquire Skarlatos & Zonarich LLP 17 South Second Street, 6th Fl Harrisburg, PA 17101 Attorneys for Defendants Terri Cassel and Nancy Beinhower Thomas A. Archer, Esquire Archer & Archer P.C. 2515 North Front Street P.O. Box 5056 Harrisburg, Pa 17110 Attorney for Plaintiff, Washington National Insurance Company Nicole L. Borda, Esquire Buchanan Ingersoll & Rooney PC 213 Market Street, 3'd Floor Harrisburg, PA 17101 Attorney for Plaintiff Lincoln National Life Insurance Company Date: January 10, 2009 c? t'? rv c? ? 0 y ? ! rv p n cv ? e JAN 14 2009 6 Bratic & Portko Stephen K. Portko, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 Tel: (717) 432-9706 Fax: (717) 432-9220 Email: braticportko@aol.com Attorneys for Defendants, Barry Beinhower, Nancy Rogowicz and Courtney Myers, a Minor Child IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON NATIONAL INSURANCE COMPANY, CIVIL ACTION - EQUITY Plaintiff, V. CASE NO. 07-6648 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, CIVIL ACTION - EQUITY d/b/a LINCOLN FINANCIAL GROUP Plaintiff, V. CASE NO. 08-2526 CIVIL TERM .00' BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NANCY BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. AND NOW, this _ day ooa"J , 2009, upon consideration of the Petition for Approval of Minor's Settlement, it is h#eby ordered that the Petitioners are authorized to enter into the settlement with Washington National Insurance Company and Lincoln National Life Insurance Company d/b/a Lincoln Financial Group in accordance with the proposed distributions as outlined in the Petition and Settlement Agreements and Releases. Counsel shall provide to the Court, within ten (10) days from the date of this order, proof of such deposit. Petitioners are authorized to sign the necessary releases and other documents to conclude the Minor Courtney Myer's claims to the Insurance Annuity Proceeds. By the Court - ij A, it 1Y) J. A, _% IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE : INSURANCE COMPANY, d/b/a LINCOLN FINANCIAL GROUP Plaintiff, CIVIL ACTION-EQUITY V. BARRY BEINHOWER, NANCY ROGOWICZ, COURTNY MYERS, NANCY BEINHOWER, and TERRI CASSEL, as Executrix of the Estate of Clair Beinhower, Defendants. CASE NO. 08-2526 PRAECIPE TO DISCONTINUE TO: Prothonotary Pursuant to Pa. R.C.P. 229, please mark the above-captioned matter settled, discontinued, and ended with prejudice. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC By: Nico e L. Bo I.D. #89214 213 Market Street, Third Floor Harrisburg, PA 17101-2121 DATE: February 17, 2009 CERTIFICATE OF SERVICE 1, Nicole L. Borda, hereby certify that on this date I caused to be served a true and correct copy of the foregoing document on the individual listed below by United States First Class Mail, postage prepaid, which service satisfies the requirements of Rule 440 of the Pennsylvania Rules of Civil Procedure: John Zonarich, Esquire Skarlatos & Zonarich 17 South Second Street 6th Floor Harrisburg, PA 17101 Stephen K. Portko, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 'fxg )icole squire Dated: February 17, 2009 f7l co C43 `? ? i"?`r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINCOLN NATIONAL LIFE INSURANCE COMPANY, CIVIL ACTION - EQUITY d/b/a LINCOLN FINANCIAL GROUP Plaintiff, V. I CASE NO. 08-2526 CIVIL TERM BARRY BEINHOWER, NANCY ROGOWICZ, COURTNEY MYERS, NAN Y BEINHOWER, and TERRI CASSEL, Executrix of the Estate of Clair Beinhower, Defendants. The undersigned, co sel for Nancy Rogowicz, parent and natural guardian of Courtney Myers, a minor, hereby cert fies that the net settlement amount of $10,000.00 as set forth in this Court's Order dated January 26, 2009 was deposited by Nancy J. Rogowicz into a restricted, federally insured account o April 3, 2009. Account No.702500 is entitled: Nancy J. Rogowicz as Custodian for Courtney . Myers Under the Uniform Transfer to Minors Act of PA. Proof of deposit is attached hereto as Exhibit A. `?'SStephen K. Po o, Esq. Counsel for Parent and Natural Guardian of Courtney Myers, a minor 04/08/2009 12-40 FAX 71776444,9 EMS 00 CERTIFICATE OF SERVICE I hereby certify that I this day served a copy of the foregoing AFFIDAVIT OF DEPOSIT upon the States Mail, postage s) indicated below by depositing a copy of the same in the United at Harrisburg, Pennsylvania, and addressed as follows: Nancy Rogowicz 555 Hillcrest Road York, PA 17403 A Date: April 8, 2009 John R. Zonarich, Esquire Skarlatos & Zonarich LLP 17 South Second Street, 6th Fl Harrisburg, PA 17101 for Defendants Terri Cassel and Nancy Beinhower Thomas A. Archer, Esquire Archer & Archer P.C. 2515 North Front Street P.O. Box 5056 Harrisburg, Pa 17110 ? for Plaintiff, Washington National Insurance Company Nicole L. Borda, Esquire Buchanan Ingersoll & Rooney PC 213 Market Street, 3rd Floor Harrisburg, PA 17101 for Plaintiff Lincoln National Life Insurance Company Stephen K. Portko, Esq. aF ,,l.Et1u-?-` THE Pry iL 2009 APR - 9 PM t : 13 PEN