HomeMy WebLinkAbout05-07-08
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY PENNSYLVANIA
ORPHANS COURT DIVISION
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In re:
Estate of Joseph P. Beil,
Petitioner
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File No. 21-07-0753
PETITION FOR RULE TO SHOW CAUSE WHY INSURANCE PROCEEDS OF THE
DECEDENT'S LIFE INSURANCE POLICY WITH GENWORTH LIFE AND ANNUITY
INSURANCE COMPANY SHOULD NOT BE PA Y ABLE TO THE POLICY
BENEFICIARY LEANNE E. BElL
AND NOW, comes the Estate of Joseph P. Beil, by and through its Executrix, LeAnne E.
Beil (the "Petitioner"), and files this Petition for Rule to Show Cause against Genworth Life and
Annuity Insurance Company and the creditors of the Estate of Joseph P. Beil and avers as
follows:
1. The Decedent, Joseph P. Beil, was born on January 19, 1958 and was married to
LeAnne E. Eslinger on April 23, 1983.
2. During their marriage, Joseph and LeAnne Beil had three children: Andrew J.
Beil born November 15, 1984; Rebecca E. Beil born July 22, 1987; and Alexander J. Beil born
November 5, 1995.
3. During their marriage, Joseph Beil purchased and contracted for a life insurance
policy with First Colony Life Insurance Company, policy number 5590295, on April 17, 2000
(the "Policy") and he designated his wife, LeAnne E. Beil, as the sole beneficiary of the Policy.
A true and correct copy of the Policy is attached as Exhibit A.
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4. As of January 1, 2007, First Colony Life Insurance Company ("First Colony")
was merged into Genworth Life and Annuity Insurance Company ("Genworth"), and therefore,
Genworth assumed responsibility for all of the First Colony life insurance policies.
5. Based on the information received from Genworth, Petitioner believes that the
beneficiary designation contained in the initial insurance application was the only beneficiary
designation relating to this Policy.
6. On March 6, 2002, Joseph and LeAnne Beil were divorced by Order of the
Cumberland County Court of Common Pleas. A Final Decree in Divorce was entered on that
date by the Court of Common Pleas of Cumberland County, Pennsylvania. A Separation and
Property Settlement Agreement (the "Separation Agreement") was signed by Joseph and LeAnne
Beil and was incorporated into the Final Decree. A true and correct copy of the Separation and
Property Settlement Agreement is attached as Exhibit B.
7. The Separation Agreement is silent on the subject of whether the designation of
LeAnne Beil as the beneficiary of the Policy was revoked or whether it was intended to survive
their divorce. The Separation Agreement does not address the issue of life insurance or
beneficiary designation. The general waivers of interests and claims do not apply to a revocable
beneficiary designation on a life insurance policy because it is a mere expectancy and is not a
vested property right.
8. For the almost two-year period, from April 17, 2000 (the policy date) through
March 6, 2002 (date of final divorce), Joseph Beil did not change, revoke or amend his
beneficiary designation, and LeAnne Beil remained as the sole beneficiary the entire time.
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9. On August 30, 2004, which was two and one-half years after he was divorced,
Joseph P. Beil executed his Last Will and Testament which named LeAnne Beil as both his
executrix and sole (100%) primary beneficiary of his estate. A true and correct copy of Joseph
Beil's Last Will and Testament is attached as Exhibit C. In Article II (B), "Residuary Estate,"
of Joseph Beil's Last Will and Testament, Joseph Beil states, in pertinent part, "I direct that my
residuary estate be distributed to my ex-spouse, LeAnne Erris Beil." (Emphasis added.) Joseph
Beil clearly knew and acknowledged that LeAnne Beil was his ex-wife and that he intended her
to receive his entire residuary estate at his death.
10. Joseph P. Beil died on July 20, 2007.
11. Joseph P. Beil's Last Will and Testament was accepted for probate in the
Cumberland County Register of Wills' Office on August 9, 2007, and LeAnne Beil was
appointed Executrix of the Estate of Joseph Beil.
12. Joseph Beil was survived by his three children, Andrew J. Beil, Rebecca E. Bei1
and Alexander 1. Beil, all of whom currently live with their mother, LeAnne Beil.
13. LeAnne Beil formally advertised the probate of her ex-husband's estate and her
appointment as Executrix of the Estate. The estate publication occurred in the Cumberland Law
Journal and The Patriot News over the course of August and September 2007, with the
completion of the advertisement on September 14,2007. True and correct copies of the estate
publications are attached as Exhibit D. The one-year statute oflimitation on creditors will end
on September 14,2008. Notice of this Petition is being sent to all known creditors of the Estate.
14. Under 20 Pa. S.c. A. S 6111.2, a revocable beneficiary designation is not
effective and the beneficiary is treated as predeceasing the decedent if the parties divorce after
the designation is made "unless it appears from the wording of the designation, a court order or a
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written contract between the parties and such former spouse that the designation was intended to
survive the divorce." 20 Pa. S.C.A. S 6111.2.
15. Based on correspondence with counsel for Genworth, Petitioner believes it is the
intention of Genworth to issues the policy proceeds to the Estate of Joseph Beil and not to her as
beneficiary.
16. The fact that, two and one-half years after his divorce from LeAnne Beil, Joseph
Beil signed and executed a new Last Will and Testament naming LeAnne Beil as Executrix and
as sole residuary beneficiary, and the fact that Joseph Beil neglected to name a different
beneficiary show he intended LeAnne Beil to be the recipient of the life insurance proceeds.
17. Title 42 Pa. C.S. A. S 8124(c) exempts life insurance proceeds from judgment
creditors' attachment and execution.
18. Petitioner has requested that Genworth produce the beneficiary designation form
which Joseph Beil signed and executed at the time of the policy's original purchase. Petitioner
believes that the original beneficiary designation form might shed light on this issue and/or it
might contain contingent beneficiary designations.
19. Joseph Beil's creditors, in concert with Genworth, should not be able to
circumvent the protections given to life insurance policy owners, by claiming that 20 Pa. S.C.A.
S 6111.2 revokes LeAnne Beil's rights to the insurance proceeds, with the result that the
insurance proceeds will go to Joseph Beil's estate and to his many creditors.
20. In Parsonese v. Midland National Insurance Co., 706 A.2d 814, 818, the
Pennsylvania Supreme Court addressed the effects of divorce on life insurance beneficiary
designations under 20 Pa. S.C.A. S 6111.2. The Supreme Court stated that the section
d'''protects' only divorced owners oflife insurance policies, and of those, only ones who
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;]iTS( &o'!!LM j;sUranCf (impall.!f
Lynchburg, Virginia 24505
A Stock Company
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_.~ Will pay the Beneficiary the death proceeds as defmed in this Policy. Payment will not be made
until all of the following have been received at the home office:
· this Policy;
. due proof that the Insured died prior to the Expiry Date while this Policy was in force;
. a written claim for the death proceeds completed on a form supplied by the Company;
and
. an authorization from the Insured's next of kin or from any other authorized person,
on a form supplied by the Company, that will allow the Company to obtain and dis-
close information concerning the Insured.
Any payment is subject to the provisions on this page and on the following pages.
The consideration for this Policy is the application and payment of the Total Initial Premium
shown in the Schedule on or before policy delivery.
RIGHT TO EXAMINE POLICY. The Owner may return this Policy within 20 days
after its delivery by taking it or mailing it to the Company or to any agent of the Company.
Immediately upon delivery or mailing, this Policy will be deemed void from the beginning. Any
premium paid wiU be returned.
Signed at the home office at 700 Main Street, Lynchburg, Virginia, on the Date of Issue.
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TERM LIFE POLICY
See Schedule for Plan Summary
See Scbedule for Premiums and Amounts of Insurance
Premiums Payable during Insured's Lifetime as Shown in Sch
Premium Subject to Change
But Will Not Exceed Specified Maximum Premium
Insurance Payable at Death prior to Expiry Date
Nonparticipating - No Dividends
Insured JOSEPH P BE IL
APRIL 17, 2000 Policy Datc
Number 5,590,295
APRIL 17, 2000 Date'of Issue
No. l421-05
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E CONTRACT
P LlCY DATE
o NER AND
BE EFICIARY
eH NGE OF OWNER
AN BENEFICIARY
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GENERAL PROVISIONS
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The entire oontra~t consists of the foUowmg:'
. this Policy, including any applicable endorsements and riders;
. the application;
. any supplemental application; and
. any application for reinstatement.
An application includes all sections and forms the CompanY has designated as parts of the
application. The application is evidenced by the copy that was attached to this Policy at is-
sue or delivery. Any supplemental application or application for reinstatement will be evi-
denced by the copy sent to the Owner for attachment to this Policy following Company
approval. For pwposes of this section, any applications sent to the Owner will be consid-
ered to have been attached to this Policy at issue or delivery.
All statements made in an application arc, in the absence of fraud, deemed representations
and not warranties. No statement will void this Policy or be used in defense of a claim
unless it is contained in an application attached to, or considered to have been attached to,
this Policy when issued or delivered.
Only the President, a Senior Vice President, or the Secretary of the Company can change or
waive any provision of this Policy. Any change or waiver must be made in writing.
Policy anniversaries, policy years, policy months. and Premium Due Dates are measured
from the Policy Date. The first policy year begins on the Policy Date. Subsequent policy
years begin on the same date each year thereafter. A policy anniversary occurs at the
beginning of each policy year after the flfSt policy year.
The first policy month begins on the Policy Date. Subsequent policy months begin on the
same day of the month as the Policy Date.
The designations of Owner and BeneficiaI)' are as shown in the application or a notice of
change that has been received at the home office in a fonn acceptable to the Company. 1be
designation of Contingent Owner is as shown in the application or as subsequently elected
by the Owner in a written notice received at the home office in a form acceptable to the
Company. H the Insured becomes the Owner, any designation of Contingent Owner is void.
The Owner has all rights stated in this Policy. The Owner may amend this Policy during the
Insured's lifetime with the Company's consent. The rights of the Owner arc subject to the
rights of an irrevocable beneficiary.
If the Owner is other than the Insured and the Owner dies during the Insured's lifetime, aD
rights of the Owner vest in the Contingent Owner, if living or in existence, and the
Contingent Owner becomes the Owner. If the Contingent Owner is not alive or not in
existence at the Owner's death, all ownership rights vest in the Owner's estate or successors.
The interest of a beneficiary teiminates if that beneficiary dies or ceases to exist before the
Insured dies. If DO beneficiary survives or is in existence at the Insured's death, payment will
be made to the Owner or the Owner's estate or successors.
The Owner may change the designations of Owner, Contingent Owner, and Beneficiary dur-
ing the Insured's lifetime. Any change is subject to the consent of an irrevocable beneficiary.
If tbe designation of Owner is changed, any existing revocable Beneficiary designations and
any Contingent Owner designation are automatically revoked; however, any existing irrev-
ocable Benefici;uy designation will be revoked only with that Beneficiary's consent.
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SCHEDULE
*CONTINUED*
Premiums (continued)
Maximum
Policy Annual
Year Premium
51
52
53
54
55
56
57
58
$
101,150.00
108,702.00
118,310.00
132,034.00
153,870.00
163,318.00
177,704.00
184,050.00
Hod 1 Factors:
Semiannual
.51
Quarterly .26
For No. 1420-5-20 (IT)
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ACE PERIOD
R INSTATEMENT
P EMIUM CHANGE
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PREMIUM PROVISIONS (Continued)
No premium refunds will be made except as specifically stated in this Policy.
Any premium not paid by its Premium Due Date is in default. A grace period of 31 days
is provided for payment, without interest, of any premium after the first premium. The first
day of the grace period for an unpaid premium is the Premium Due Date for that premium.
This Policy and all riders will stay in force during a grace period. If this Policy enters a
grace period and the lnsured dies before the end of the grace period, the premium required
to remove this Policy from the grace period will be deducted from the proceeds.
[f a premium has not been paid by the end of its grace period, this Policy will tennin3te
subject to its terms as of the Premium Due Date of that premium.
This Policy may be reinstated unless:
· it has been surrendered;
· any period of extended term insurance has expired;
· the loan balance has exceeded the cash value; or
· the date of reinstatement would be on or after the ExpiIy Date shown in the
Schedule.
To reinstate, the following must be received at the home office within five years after default
in premium payment:
· evidence of the insurability of the Insured acceptable to the Company; and
· paymeDt of all past-due premiums with interest calculated from their respective
Premium Due Dates at a rate of 6.00% per year, compounded annually; and
· payment or reinstatement of the loan balance, including interest from the date of
termination to the date of reinstatement, at the Policy Loan Interest Rate shown in
the Policy.
After the above conditions have been satisfied, this Policy will be reinstated on the date the
application for reinstatement is approved by the Company. Such date is tbe date of rein-
statement.
The premiums payable are subject to change. The premiums will never exceed the maxi-
mum premiums shown in the Schedule.
Any change in premium will be due to the Company's re.evaluation of expected future
mortality, interest, expenses, or persistency. The Company's past experience will not be a
factor in any change in premium.
Change will be applied uniformly to a class of insureds. Class will be determined by the
following: issue age and sex, premiwn classification, amount of insurance, and the number
of years the insurance has been in force, The Company will mail notice of any change in
premium. Premiums will not be changed more than once a year.
The deterioration of the Insured's health will not cause a change in the premium or pre-
mium classification.
This provision does not apply to rider premiums.
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E CHANGE OPTION
Fo No. 1420EXNF.C
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EXCHANGE PROVISION
Unless this Policy is being continued under a nonfoneiture option, it may be exchanged for
a new policy on or before the Exchange Date shown in the Schedule. Evidence of
insurability is nol requiTed unless riders are to be included in the new policy.
To exchange this Policy, the Owner must provide the following to the home office:
. written request for exchange; and
. tlUs Policy.
The Company will pay any net cash value to the Owner.
The policy date of the new policy will be the date of exchange. The date of exchange is the
beginning of the policy month on which the exchange is effective.
The new policy may be on any whole life or endowment plan available for ibis purpose on
the date of exchange with a premium per $l,OOO higher than the premium per $1,000 for lhis
Policy as of the date of exchange. There will always be alleast one plan available for ex-
change.
The amount of insurance of the new policy:
. may not exceed the net amount at risk under this Policy on the date of exchange; and
. may not be less than tbe minimum for the plan selected.
The net amount at risk is the amount of insurance in force less the cash value.
Using the rates in effect for the new policy on the date of exchange, the Company will de-
termine the premiums for the new policy using the following:
. the Insured's sex and age nearest birthday on the date of exchange; and
. the premium classification of the new policy.
The new policy will have the same premium classification as this Policy.
6A
ONFORFEJTURE
PTIONS
B IS OF VALVES
C H LOAN
Fo N::l.1420NF.I
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NONFORFEITURE PROVISIONS
A nonforfeiture option may be elected by written notice during the Insured's lifetime. The
effective date of an option will be the date to which premiums for this Policy have been paid.
The foUowing options apply if this Policy has a positive net cash value. The net casb value
is the cash value Jess the loan balance. For paid-up and extended term insurance, the net
cash value is the net single premium at tbe Insured's attained age for any benefits remaining
under that insurance Jess the loan balance.
Folic)' Surrender The Owner may surrender this Policy. The amount payable upon sur.
render will be the net cash value on the effective date of this option. Paid-up or ex.tended
term insurance may be surrendered at any time for the oet cash value at that time. Payment
may be deferred up to six months after notice is received at the home office. A surrender
within 30 days after a policy anniversary will be for an amount not less than the value on the
anniversary. less any loan made since the anniversary and the accrued interest on that loan.
Paid-Up Insurance This Policy may be continued as reduced paid-up insurance from the
effective date of this option. The amount of insurance will be that which the net cash value
will provide when applied as a net single premium for the amo\IDt of insurance in force at the
Insured's attained age. This paid-up insurance will be payable at the same time as the in-
surance under this Policy. and it will be subject to the applicable provisions of this Policy.
Extended Term Insurance This option is available if extended term insurance values are
shown in the Table of Nonforfeiture Values. Under this option, insurance will be continued
in force as term insurance from tbe effective date of this option. The amoWlt of extended
term insurance at any time will equal:
· the Amount of Insurance shown in the Schedule for the appropriate policy year:
times
· the difference between the Amount of Insurance on the effective date and tbe loan
balance on that date; divided by
· the Amount of Insurance on the effective date.
The period of extended term insurance will be that which the net cash value will provide
when applied as a net single premium at the Insured's attained age. This Policy will termi-
nate at the end of the period of extended term ins~ce.
Automatic Option If extended term insurance is available, the automatic option is the Ex.
tended Term lnsurance option; if not, it is the Paid-Up Insurance option. The appropriate
option will automatically apply when:
· the unpaid premium has not been paid by automatic premium loan; and
· no other available option has been elected.
The Owner may elect one of the other available options within 60 days after the effective
date of this option.
AU calculations. including net single premium calcuhltions, are based on the mortality table
and rate of interest shown in the Table of Nooforfeitum Values. Tbe method of calculating
values bas been filed with the supervisory official of the state in which this Policy was deliv-
ered. Death is assumed to occur at the end of the policy year. Riders are ignored when de-
termining nonforfeitUIe values under this Policy. Values are in no case less than the
minimum values required by the slate in which this Policy was delivered.
POLICY LOANS
The Company will make a \oan upon the sole. security and assignment of tbis Policy. The
Owner may obtain the loan while this Policy is in force other than as extended term insur-
ance. The loan balance at any time is equal to:
· the sum of all policy loans made; less
· the sum of aU loan repayments; plus
· accrued loan interest.
(Continued)
6C
POLICY LOANS (Continued)
The loan value of this Policy is the cash value as of the earlier of the next Premium Due
Date and the end of the current policy year. The amount advanced as a policy loan may
not exceed:
· the loan value; less
· the loan balance on the date the loan is to be made; less
· loan interest to the end of the current policy year; less
· any premium in default.
A OMATIC
P MIUM
L AN OPTION
lbis option may be elected in the application. It may also be elected by written notice
received at the home office before the end of tbe grace period. The Owner may revoke the
election by written notice to the home office.
If elected, this option provides automatic payment by policy loan of the premium for the
mode in effect. The loan will be made at the end of the grace period. After two consecutive
premiums have been paid by loan. the Company may change to a less frequent mode of
premium payment if there is sufficient value.
If th.ere is not sufficient value to advance the premium as a policy loan. no automatic pre-
miwn loan will be made. The premium will be in default. Any remaining value will be
applied under the Nonforfeiture Options.
While this option is being used to make premium payments, the Owner may resume pre-
mium payments without furnishing evidence of insurability.
The Company may defer making a policy loan up to six months after written request is
received at the home office; however, a Joan for payment of premiwns to the Company
will not be deferred.
DE ERRAL
I RFST AND
RE A YMENT
Loan interest is due aonuaUy at the end of each policy YCM and on the earliest of these
dates:
· the date this Policy is surreodeied;
· the date of tennination of this Policy; and
· the date of the Insured's death.
Interest accrues daily from tbe date a loan is made and is compounded annuaUy. lntercst
not paid when due is added to the loan and bears interest at the same rate. The Policy Loan
interest rate is shown in the Table of Nonforfeiture Values.
AU ot any part of a policy loan may be repaid while this Policy is in force during the In-
sured's lifetime. After policy lapse. Joans made prior to the end of tne grace period may
not be repaid unless this Policy is reinstated.
When the loan balance exceeds the cash value, this Policy will tenninate. Notice of ter-
mination will be mailed to the Owner and to any assignee of record. Termination will be
effective 31 days after the notice is mailed.
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Pol No 5,590,295
TABLE OF NONFORFEITURE VALUES
Mortality Tables and Interest Rates
THE 1980 CSO MORTALITY TABLE, SEX DISTINCT, AGE NEAREST BIRTHDAY, FOR
ATT INED AGES UP THROUGH 14 AND THE 19BO CSO NONSMOKER MORTALITY TABLE,
SEX DISTINCT, AGE NEAREST BIRTHDAY, FOR ATTAINED AGES 15 AND ABOVE WITH
INT REST AT A RATE OF 5.5Y. A YEAR, COMPOUNDED ANNUAllY.
Pol'cy Loan Interest Rate - B.OOY. a year, compounded annually
The values shown in this Table assume that no policy loan is made and that
pre iums have been paid to the end of the policy year. If premiums are paid for
par of the year, values will be prorated.
Neg tive values are shown as zero in the Table. All calculations will use the
act al negative value.
End of Guaranteed Extended Term
Policy Cash or loan Paid-Up Insurance
Year Value Insurance Years Days
1-49 $ 0.00 $ 0 0 0
50 21,200.00 25,000 0 158
51 23,800.00 27,800 0 166
52 21,400.00 31,600 0 111
53 33,200.00 31,800 0 194
54 43,200.00 48,200 0 217
55 62,400.00 68,400 0 251
56 84,200.00 90,600 0 247
57 110,600.00 116,800 0 213
58 0.00 0 0 0
For No. 1420NFT
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FRAUD WARNINGS
Firrt Colony Ufe Jnsurnce eoR>pacy (FCL). Gueral Electric Ca!'ilal AssunlluCo..pany(GECAj. GE Ute:lOd AllDuiry Assurae<:e ComplUlY (GE (jfe 10 Aanuily.
A,dmlalstraliv. Office
700 Mala Street. P.O. Box 461 . Lynchbl>rc. VA 1450S-0441
ARKANSAS and LOUISIANA
An:y person who knowingly presents a false or fraudulent claim for payment of a loss or benefil or knowingly presenls
false information on an application for insurance is guilty of a crime and may be subject to fmes and conflllement in
prison.
COLORADO
II is unlawful 10 knowingly provide false, incompfete, or misleading informalion to an insurance company for the pur-
pose of defrauding or attempting to defraud the company. Penalties may indude imJWisonment, fines, denial of insur-
ance, and civil damages. Any insurance company or insurance agent who knowingly provides false, incomplete, or
misleading information for the purpose of deCrauding or aUempting to defraud a policyholder or claimant with regard
to an insurance settlement or award shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
DISTRICT OF COLUMBIA
It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any
other person. Penalties include imprisonment and/or fUles. In addition, an insurer may deny insurance benefits if false
information materially related to a claim was provided by the applicant.
FLORIDA
y person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an
pplication containing any faIse. incomplete, or misleading information is guilty of a felony of the third degree.
ENTUCKY
y person who knowingly and with intent to defraud any insurance company or other person files an application for
urance containing any materially false infonnatioD or conceals Cor the purpose of misleading, information con-
. g any fact material thereto commits a fraudulent insurance act. whicb is a crime.
AINE
t is a crime to knowingly provide false, incomplete or misleading information 10 an insurance company for the pur-
ose of defrauding tbe company. Penalties may include imprisonment, fines or a denial of insurance benefits.
EW JERSEY
y person who includes any false or misleading information on an application for an insurance policy, is subject to
. . al and civil penalties.
EW MEXICO
y person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents
information on an application for insurance is guilty of a crime and may be subject to civil fines and criminal
alties .
"10 .
y person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an ap-
lication or files a claim containing a false Or deceptive statement is guilty of insurance fraud.
ENNSYL VANIA
y person who, knowingly and with intent to defraud any insurance company or other person, files an application
C. r insurance or statement of claim containing any materially false information or conceals, for the purpose of mis-
t ding, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and
s bjects such person to criminal and civil penalties.
Fa No. 1950 (1/00)
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LYNCHBURG, VIRGINIA
LIMITED LIFE EXPECfANCY ACCELERATED DEATH BENEFIT RIDER
's Rider provides for an accelerated payment of life insurance proceeds. It is not intended or designed
provide health, nursing bome, or long-term care insurance. Receipt of an accelerated death benefit
yment will reduce the death proceeds of the Policy and limit the availability of any surrender or loan
v ues provided by the Policy.
o sclosure: Receipt of an accelerated death benefit payment may be taxable. The Owner of the Policy should seek
as istance from a tax advisor before electing to receive a payment.
B N EFIT
Company will make an accelerated death benefit payment to the Owner of the Policy subject to the provisions of this
Ri er. The requirements for payment are:
· the Owner's written request for an accelerated death benefit payment;
· proof acceptable to the Company that the Owner is eligible for a payment according to the terms of this Rider;
· written approval of payment from any irrevocable beneficia!y; and
· fuD release of any collateral assignment of the Policy except a collateral assignment to the Company.
Pa ent will be made in a single swn. The Company will make only one accelerated death benefit payment under this
Ri er.
Th Company will not make an accelerated death benefit payment if:
· it does not receive aU of the requirements for payment as stated above at its home office;
· the Policy is being continued as extended term insurance on the date the Owner's written request for an accelerated
deatb benefit payment is received; or
. the Policy is being contested or has been voided as the result of a successful contest.
Owner requests the amount of accelerated death benefit subject to the maximums stated below.
maximum accelerated death benefit available for request is equal 10 the difference between (I) and (2) below.
1. An amount equal to the lesser of(a) and (b) below:
(a) The sum of the following:
· 75% of the difference between the primary death benefit on the date the Owner's written request for an
accelerated death benefit payment is received and the loan value on that date; and
. the loan value on the date the Owner's written request for an accelerated death benefit payment is received.
(b) SSOO,OOO.
2. The amount of any policy loan, including interest. against the Poticy.
The primary death benefit is the death benefit provided by the Policy and does not include any accidental death benefits, the
am t of tbe death benefit of any riders, or any benefits payable because: of the death of any person other than the Insured.
IT Policy provides for policy loans, loan value is defined in the Policy; otherwise, loan value is defined to be zero.
eligible to receive an accelerated death benefit payment, the Owner must provide the following to the Company:
. evidence acceptable to the Company that the Insured is living and has a life expectancy of six months or less; this
evidence must include. but is not limited to, certi1ication by a physician approved by the Company who is licensed
to practice medicine in tbe United Slates or Canada and is acting within the scope of that license;
. evidence that election of this benefit is voluntary and without coercion OD the part of any third party. including any
creditor or government agency; and
. evidence that only one of the Insureds is living if the Policy is a last swvivor policy.
Fa No. R-84-09
NERAL PROVISIONS
erever used in this Rider, tbe term "Policy" means the Policy to which this Rider is attached. This Rider is a part of the
Po 'cy. Policy provisions apply to this Rider except where modified by this Rider.
If e Policy is in a grace period at the time an accelerated death benefit payment is made, the premium required to remove
th Policy from the grace period will be deducted from the payment.
Th Owner will remain liable for any required premiwn payments under the Policy after the Company makes an accelerated
benefit payment. After an accelerated deatb benefit payment has been made, the amount of any premilUD required
to eep the Policy in force that is not paid or waived through the Owner's exercise of a waiver benefit will be added to the
Ii .
Th re i~; no premium or cost of insurance charge for this Rider; however, an administrative fee that will not exceed $250
. be deducted from the acceJerated death benefit prior to payment to the Owner.
INATION
ideT will tenninate on the earliest of the following dates:
the date of maturity or termination of the Policy; and
the date the Owner's written request for tennination of this Rider is signed; tbe request must be received at the home
office.
y time the lien amoWlt equals or exceeds the death proceeds as defined in the Policy. the Policy will terminate.
ation will occur 31 days after the Company has mailed notice of termination to the last known address of the Owner.
urnes aD or part of the lien amount is repaid within 31 days after the date the notice is mailed. The Company will accept
a p . at repayment only if the deatb proceeds of tbe Policy would exceed the lien amount after application of the partial
repay ent.
Sign at the home office on the Rider Date of Issue. The Rider Date of Issue is the same as the Date of Issue of the Policy
unJes a different date is shown here.
EF ECT OF AN ACCELERATED DEATH BENEFIT PAYMENT
Th accelerated death benefit will be treated as a lien against the primary death benefit. This lien will limit the availability
of y surrender benefit and of any future policy loans or partial withdrawals (surrenden) under the Policy; they will be
av hIe; only to the extent that values under the Policy exceed tbe sum of the lien amount and any outstanding policy loan.
Thi lien will not affect the death benefit of any rider attached to the Policy however.
lien amount at any time will equal:
· tbe amount of the accelerated death benefit payment made to the Owner; plus
· tbe administrative fee; plus
· tbe amount of any premium required to remove the Policy from the grace period; plus
· any unpaid premiums added to the lien; plus
· accrued lien interest; less
. any lien repayments.
lnte 5t at the policy loan interest rate(s) stated in the Policy will be charged OD the portion of the lien amount equal to the
dim ce between the Joan value and any outstanding policy loan. Interest will be charged on the portion of the lien
amo t that exceeds this difference at a rate no greater than the greater of:
· the current yield on a 90-day treasury bill OD the date the Owner's written request for an accelerated death benefit
payment is received; and
· the current maximum adjustable policy loan interest rate allowed by law in the state in which the Policy was deliv-
ered on the date the Owner's written request for an accelerated death benefit payment is received.
Afte payment of the accelerated death benefit, the proceeds payable under the Policy at the death of the Insured will equal:
the death proceeds as defined in the Policy; less
the lien amount as of the date of death.
A be efit payment notice will be provided to the Owner upon payment of an accelerated death benefit.
~~!tff~
~avJ tI;tf~
Secretary
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF .. PENNA.
LeAnne E.. Beil
Plaintifx
No: 01-342'8
VE:RS;';S
Joseph P. Beil
"--Defen&nt.,.~.. ._..._u
DECREE IN
DIVORCE
AND NOW. '
at ~r~5. P:M.
2C'::<. ; IT IS ORDERED AND
karch 6
DECREEOT-HAT
LieAnne E. Beil",'
. PL4.1NTI~F.
AND
Joseph P. Beil
, OEFENDAN'T,
ARE.' DIVORCED F::::'M THE SONDS OF MATRIMONY,
THE COURT R.!r7~-'NS JURISDICTION OF THE FOL!..OW:~G.CLAfMS WHICH HA'v'E
BI::5:N RAISED OF ~ECORD IN THIS ACTION FOR WHICE ,..l.. ~INAL. ORDER HAS NOT
VET SEEN ENTERED;
The Marital Settlement Agreement eXecuted on the 30th day.of
July, 2001 shanbe incorporated into the D~v6rce Decree.
Bv THE COURT:
lei 'Geor\Je E,. Hoff~r
" . ArrEST: . ~'" P. J.
.. .m'. d~~ PRO;HONOTARY
CERTIFIED COpy IssuED MARC: 7, 2002
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
L,;!Anne> Vo. ..B~:i I
'" Plaintiff
VE:RSUS
!Joseph P. Be!l
Defendant
No. 01-3428
DECREElN
DIVORCE
"
;tt1~~~
~n: IT IS ORDERED AND
AND NOW,
DECREED THAT LeAnne F.;,.Beil
, PLAINTIF"F",
AND
Joseph P. Beil
7 DE:I='ENDANT,
ARE DIVORCED FROM THE BONOS OF MATRIMONY.
THE COURT RETAINS JUR.ISDICTJON OF THE FOLLOWING CLAIMS WHICH HAVE
SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET SEEN ENTERED;
'The Marital Settlement A9reement executed on the 30th day of
;F.
IJuly, 2001 shall be incorporated into the Divorce Decree.
"
PROTHONOTARY
PAGE 03
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PAGE 04
SEPARATION A...~I}"PROPERTY SEITLEMENT AGREEMENT OF
.Le..4.NNE E. BElL AND JOSEPH P. BElL
TInS AGREEMENT made this ::;::>'i. day of 8,-'1~ ,2001, by ""d
betINeen LeAnne E. Beil. aereinafter referred to as to Wife ~ anJJ Joseph P. Beil~]eTeliiati.er"
referred to as 11 Husband". @" : -i:
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WHEREAS, certain differences have arisen between the parties as a result of which they have
separated and, and are desirous. therefore, of entering into an agreement which will provide for support,
distribute their marital propeny. and will provide for their mutual responsibilities and dghts growing out
of the marriage relationship~ and
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on April 23l'l1 1983; and
'WHEREAS. the parties hereto, after being properly advised, ha".;: come to the following
agreement.
NOW~ THEREFORE. in consideration of the above recitals and th~ following covenants and
promises murually made and nmtuaIly to be kept, the parties hererofore, intending to be legally bound Bnd
to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows:
1. S,EPARATlON:
It shall be lawful for ea=h party at all times hereafter to live separate and apart from the other at
suCh place or places as he or she may from time to time choose or deem fit.
2. lliTERFERENCE:
Each party sball be fret from interference, authority and contact by the other as fully as if he or she
was single and urnnarried, ex:.ept as may be necessary to carry out the prO\isions of this Agreement.
Neither party shaH molest the other nor attempt to endeavor to molest the om::r, nor compel the other to
cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with ':he
peaceful exisrence, separate and apart from the other in all respects as if he or she were single 2nd
unmarried
3. }VlFE'S DEBTS~
Wife representS and v.-arrants to Husband \:hat since their separation on or about June 1611l 2001, :;he
has not, and in the futnre she will not, contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and save Husband harmless from any and all claims and
demands made against him b~- reasons of debts or obligations incurred by her subsequent to the entry of
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me divorce decree.
4, HUSBAND'S ORRIS..:.
Husband represen~ and wan:-ants to Wife that since their separation on OJ:' about June 1611l 2001, he
has not. and in the future be will not. contract or incur any debt or liabiiliy for which Wife or her estate
might be responsible aDd shall indemnifY and save Wife hannJess from any and all claims and dem811ds
made against her by reasons of debts or obligations incurred by him.
4. OUTSTANDING JOINT DEBTS:
It is represented as between the parties that there are currently joint marital debts incurred during 'ne
marriage and consisting of a home mortgage and financing OD two automobiles of the following make llnd
models: a 2001 leep Grand~Cherokee, which is titled in husband's name alone, and a 2001 Town &
Country LXI, which is titled in wife's name alone. Husband shall maintain legal and equitable ownersl1ip
of the jeep Grand-Cberokee and maintain all financial responsibility relative to the ownerShip and
maintenance of said vehicle. Wife shall maintain legal and equitable oVonership of the 2001 Town &
Country LXI and husband shan pay the monthly financing as outlined in Paragraph nine (9) herem.
6. MW'UAL RELEASE:
Subject to the pro"-:5ions of this Agreement,. each party wa;ves his or her right to any and an legal or
equitable claims not oth~"ise provided for or allowed within this agreetoe'lt. masmuch as the parties hereto
agree that this Agreement ?fo\-ides for an equitable distribution of their marital property in accordance with
the Divorce Code of 19EO. as amended. Subject to the provisions of ':his Agreement, each party has
released and discharged., 31ld by this Agreement does for himself or be:-seli, and his or her heirs, legal
representatives, executors. administrators 8lld assigns, release and discharge ;he other of and from all cau:;es
of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now
has against the other, exceyr any or all cause or cause:S of action for divorce and except in any or all cau!;es
of action for breach of any provisions of this Agreement. Each party also ....-aives his or her right to request
marital counseling pUXSuatlt to Section 202 of the Oi1torce Code.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY:
The parties have 2lIempted to distribute their mantal property in a manner which conforms to ':he
criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following
considerations; the length of the maniage; the age, health I station. amount and sources of income,
vocationaL skills, employability, estate. liabilities and needs of each of the parties; the contribution of e~lCh
pany to the education, tI3ining or increased earning power of the other party; the opportunity of e~~h
party for future acquisitions of capital assets and income; the sources of income of both parties' inclmtng
but not limited to medicaL retirement, insurance or other benefits; the contribution or dissipation of eacll
party in the acquisition. ?reservation, depreciation or appreciation of the marital property, induding the
contribution of each spoose 95 a homemaker; the value of the property set apart to each party; the
standard of living of the ?Mties established during the marriage; and the economic circumstances of ellch
party at the time the division ofpropeny is to become effective.
The division of existing ::narital property is not inrended by the panies to ;onstitute in any way a sale or
exchange of assets, fun~ or other property not constituting marital propeny. The division of property
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inadvertently neglect to revoke pre-divorce designations of their spouses as beneficiaries. ... to
hold that forthwith upon divorce the husband must be presumed to intend to terminate a
contractual arrangement which benefits the other is to engage in speculation not warranted by
this record or required by Pennsylvania law." Parsonese v. Midland National Insurance Co.,
706 A.2d 814, 818 CPa. 1998).
21. Joseph Beil's failure to re-designate his ex-wife as beneficiary should not defeat
his original intention, which his post-divorce will demonstrates, that he intended LeAnne Beil to
be the beneficiary of his life insurance policy.
Wherefore, the Petitioner respectfully requests this Court issue a Rule to Show Cause
why the Proceeds of the Genworth Life Insurance Policy should not be paid directly to LeAnne
Beil.
May 7, 2008
Lowell . Gates, Esq.
PAID 46779
Gates Halbruner & Hatch, PC
1013 umma Road, Suite 100
Lemoyne, PA 17043
717.731.9600
717.731.9627
l.r .gates@gateslawfirm.com
5
EXIlIBIT A
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under this Agreement shall be in full satisfaction of all marital rights of the parties.
A. DlSJ'RlBUTION OF PERSONAL r.E.OpERTY
The parties hereto ~ve mutually agreed that they will divide all peI'S{lnal items consisting of, but not
by way of limi.tation, the household furnishings, appliances, and other household personal property of
whatever type, description. and form, between them, and they mutually agr~ that each party shall from and
after the date hereof be the sole and separate owner ofall such tangible personal property presently in his or
her possession.
Should it become necessary, the parties each agree to sign, upon request, any titles or dOCUIIll~nts
necessary to give effect to this paragraph. Husband and Wife shall each be deemed to be in the posses!:ion
and control of bis or her own individual pension or other employee benefit plans or retirement benefit I of
any nature with the exc..."Ption of Social Security benefits to which either party may have vested or:
contingent right or interest at the time of the signing of this Agreement, and neither will make any chim
against the other for any interest is such benefitS.
From and after the dare of the signing of this Agreement. both parties shall have complete freedolIi of
disposition as to hislher separate property and any property which they have divided equally pursuant to
this agreement and may mortgage, sell, grant, convey, or otherwise e:ncumber or dispose of nch
property, whether real of personal. whether such property was acquired before, during or after the
marriage, and neither HU!band nor Wife need join in, consent to, or acknoUo'ledge any deed. mortgage.. or
other instrument of the other pertaining to such disposition of property .
8. REAL PROPERTY:
The parties to this agreement have a legal equitable and possessory inte:'est in real property consisting
of a marital home located at 4 Briargate Road, Mechanicsburg, PA. 170~ and described as a three (3)
bedroom two (2) story Colomal Home, Husband agrees to pay to Wife a total of 521,000.00 (dollars) in
twO installments, which .:omprises fifty (50) percent of \he equity in the home. Wife shall receive the
amount of $13,000.00 (dollars) as tlle first installment of the total of $21.000.00 (dollars) within five (5)
days of the signing of this agreement and she shall receive the second installment of $8,000.00 (dollars) no
later than December 3151 vi 2001. Should Husband sell the home before December 31" 2001 Wife shall
immediately receive her distribution of the $8,000.00 (doUars) and shall not have to wait until December
31 il 2001 to receive the same.
9. SUPPORT:
Husband agrees to pay to Wile the sum of $1.500.00 (dollars) per IDonth for a period of five (5)
years to commence on the ISh day of the month following the signing of :his agreement and conriml.iog
for a period of sixty (60) months. This support shall be intended as an .-\limony payment to wife for the
period as above described and it is agreed that the receipt of this pa:YlI~nt shall not be consttUed or
declarable as income to Wife and shall not serve as a deduction as an ;:xpense to husband relariv(~ to
Federal, State. or Loeal :ncome taxes. Upon the expiration of five (5) years Husband shall review Wife's
financial condition to derermine whether she is in need of additional support and if it is detennined by
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Husband that is in need of additional support he shall provide her the amounts he determines to be
appropriate under the circumstances as they may then exist. In addition Husband agrees to pay Wifi~'s
monthly aucoIDobile payment in the amount of $537.00 (dollars) per month until the vehicle is paid in fiill
relative to its current financing or husband can choose to pay the balance of the automobile loan in full.
Husband also .agrees to pay for Wife's Health Insurance for a period of five {5) years. However, if lhe
wife does re~marry or acceptS a live-in companion in her household, this entire paragraph (9) entitled
USupport" shall become null and void, thereby terminating the obligation.
10. PENSION PLAN:
The party's release any interest in the opposite spouse's checking, savings, accounts Pension,
Retirement, Stocks, Bonds, or any other interest, including business mterest1l wheresoever located and
which may have accumulated during the marriage.
II. rRTT ,n CUSTODY
The parties shall have Joint Ph~-sica] Custody and Joint Legal Custody of their children as they may agree to
their schedules and shall cooperate with each other to ensure that each of them shall have equal time with
the chlldren.
12. ~OUNSEL FEES AND EXPENSES;
Husband and wife shall not seek any compensation from the other spouse for Counsel Fees and
Expenses. Husband and Wife Acknowledge and agree that the provisions of this Agreement providing
for the equitable dismbution 0; marital property of the parties are fair I adequate and satisfactory to them.
Both patties agree to accept \be provisions set forth in this Agreement in li::u of and in full and final
settlement and satisfaction of all claims and demands that either. may now O~ hereafter have against the
other for alimony pendente lie, counsel fees or expenses or any other pro\'isions for their support ~.nd
maintenance before, during and after the commencement of any proceedings for divorce or annulm;:nt
between the parties.
13. W ATVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided. each party may dispose of his or her property in any W1Y.
and each party hereby waives and relinquishes any and all rights he or she may now have or herea1'ter
acquire, under the present or furore Jaws of any jurisdiction, to share in the propeny or estate of the other
as a result of the marital relationship, including without limitation, dower, curtesy. statutory allowance,
widow's allowance, intestate share, right to take against the will of the other, and right to act as
administrator or e:lt.ecutor of the others estate. Each will, at the request of the other, execute,
acknowledge and deliver any and all instrUIlleIlts which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interests, rights and claims.
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14. SlmSEQUENf DIVORCE:
Wife has filed a no-fault complaint in divorce against Husband under Section 3301 (c) of the
Divorce Code. In the event such divorce action is concluded, the parties shall be bound by all the terms
of this Agreement which ma~. be incorporated by reference into the Divorce Decree, shall not be merl~ed
into the Divorce Decree, and shalt not be modified, but shall in all respec~ survive the same and be
further binding and conclusive upon the parties. It is the intention of the parties that the Agreement shall
survive any action for divorce whicl1 roay be instituted and prosecuted by either party and no order,
Judgment or decree of divorce. temporary. final or permanent shall affect or modify the financial term~ of
lhis ..!I.greemem. This Agreem~nt may be incorporated in but shall not merge into any such Judgment or
decree of :final divorce~ but shall be incorporated for the purposes of enforcement only.
Further Husband agrees to sign all related documentation to facilitate the entry of a divorce as between
the parties and agrees to sign and return to Wife's attorney such paperwork within 48 hours of the date of
the signing of this agreement.
15. BREACH!ND ENFORCEMENT:
If either party breach~ any provision of this Agreement, the other party shall have the right, at his
or her election. to sue for damages for such breach, or seek other such remedies or relief as may be
available to him or her, and me party breaching this Agreement should be responsible for payment of
legal fees and costs incurred by the other in enforcing his or ber rights UD.der this Agreement.
A. It is expressly underStood and agreed by and between the parties bereto that this Agreement
may be specifically enforced by either Husband or Wife in Equity. or in Law and the parties hereto agree
tha[ if an action to enforce this Agreement is brought in Equity by either party - the other party will make
no objection on the alleged ground of lack of jurisdiction of said Coun on the ground that there is an
adequate remedy at law. the parties to not intend or purport hereby to improperly confer jurisdiction on a
Court in Equity by this Agreement, but \bey agree as provided herein for the rorum of Equity in mutual
recognition of the present state of the law, and in recognition of the gene.raI jurisdiction of Cour.ts in
Equity over agreementS such a5 this one.
B. NotwithstBnding ~1hing to the contrary herein, Husband and Wife may also proceed with an
action at law for redress of his or ber rights under the tenns of this Agreement. and in such event it is
specifically understood and agreed that for and in specific consideration of the other provisions imd
covenants of this Agreement. each shall waive any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid delay_
C. Each party further hereby agrees to pay and to save and hold hannless the other parry from ;~ny
and all attorney 's fe:s and costs of litigation that either may sustain. or incur or become li~~ble
for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by
the other of any of the terms Dr provisions of this agreement by reason of which either pany
shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against
the other at law or equity or both in any way whatsoever; provided that the pany seek:! to
recover such attorney's fees. and costs of litigation must fir:st be su~essful in whole or in part,
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.,
before there would be any liability for attorney's fees and costs of litigation. It is the specific
agreement and imenc of the parties that a breaching or wrongdoing party shall bear the burden
aod obligation of any and all costs and expenses and counsel fees incurred by himself or her:!ie1f
as well as the other party in endeavoring to protect or enforce h.is or her rights under ';his
Agreement,
16. M!DmONAL lNSTRlJ"MENTS:
Each of me parties shall from time to time, at the request of the other. execute, acknowledge and
deliver to the other party any and all further instruments that may be reasonably required to give fun force
and effect to the provisions of this Agreement.
17. VOLUNTARY EXEClllOB:
The provisions of this A,greement and their legal effect have been completely reviewed by the
parties, and each party acknowledges that the Agreement is fajr and equitable. that it is being entered into
voluntarily, with full knowledge of the assets of both parties. and that it is not the result of any dures~; or
undue influence. The parties acknowledge that they have been furnished with all information relating to
dle financial affairs of the o~:- which bas been requested by each of them.
18. ENTIRE AGREEME1\'T:
This Agreement contains the entire understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly set forth herem. Husband and Wife
acknowledge and agree that the provisions of this Agreement with respect to the division and distribuion
of marital and separate property are fair, equitable and satisfactory to them based on the length of tileir
marriage and other relevant factors which have been taken into consideration by the parties. Both p81ties
hereby accept the provisions of this Agreement with respeCt to the division of property in lieu of aD/i in
full and final settlement and satisfaction of all <;laiIns and demands that they may nOw have or herea fier
have against the other for equitable distribution of their property by any coun of competent jurisdiction
pursuant to Section 40l(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a court ordered detennination and distribution of
marital property, but notbing herein contained shall constitute a waiver by either party of a.ny rights to
seek the relief of any court for the purpose of enforcing any pr.ovision of this Agreement.a
19. PISCLOSURE:
Husband and Wife each represenr and warrant to the other that he or she has made a full and
complete disclosure to the other party of all assets of any nature whatsoever in whicb such party has an
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interest, the sources and amounr of the income of such party or every type ~-hatsoever and of all other
factS relating tD the subject maner of this Agreement.
20. MODIFICA nON AND \VA1VER:
A modification and waiver of any of the provisions of this Agreemem: shaII be effective only if
made in writing and executed with the same fonnality as this Agreement. The failure of either pa1\{ to
insist upon SIDct performance of any of the provisions of this Agreemenr sr.all not be construed as a
waiver of any subsequent defaul~ of the same or similar nature.
21. PRIOR AGREEMENT:
It is understOOd and agreed that any and all property settlement agreemenrs which mayor bave been
executed prior to the date and time of this Agreement are null and void and of no effect as well as any
verbal agreements or representations occurring prior to the effective date of this instrument.
22. DESCRWITVE HEAD'NGS:
The descriptive headings used herem are for convenience only. Tney shall have no effect
whatsoever in determining the rights or obI.igations of the parties.
23. INDEPENDENT SEPAR"-TE COVENANTS:
It is speciftcally underStOod and agreed by and between the parties hereto thar each paragraph
hereof shan be deemed to be a separate and independent covenant and agreement.
24. APPLIC~BLE LAW:
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
25. VOID CLAUSES:
If any terms, conditions. clause or. provision of this Agreement shall be determined or declaro1 to
be void or invalid in law or otherwise, then only that tenn, condition, clause O~ provision shall be stricken
from this Agreement and in all other respects this Agreement shall be valid and continue in full force.
effect and operation.
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26. A.GJ!.f,RMENT BIND~G ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of th= parties hereto and their
resp~crlve heirs, executors, adminisrrators. successors and assigns.
IJ\ \\TfNESS WHEREOF! the panies hereto have set their hand and seals tll= day and year ftrsr above
writtef; r ,.-.;,
:lti-~ ~ :V-i._ t. ~~~
e . Beil
Commonwealth of PeWlSyl.ania
County of Cumberland
On this. the '.30~ . day of riu..L.L-. A.D. 2001, before me a Nmary Public appeared
LeAnne E. Beil, known to me (or sati~J to be the person whose name is subscribed to
rhe within insrrument. and ad:nowledged thar he executed the same for the purposes therein contamet.t.
Seal
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---.JisePh P. Beil
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f Commonwealth of Pennsy)Tania
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--e6unty of Cumberland
On this. the 'l 'f ~. day O!Jc;L- ~! A.D.2001, before me (I Notary Public appeared
Joseph P. Rei!. known to me (or sarisfactorily proven) to be the person whose name is subscribed to lite
within instrument. and acknuwledged that he executed the same for the purposes therein: comain.ed.
t-J-JTARIAL SEAL ~
RC:.::~; ~ GOLD. Notarr PuIll\(:
Harr:::ce~ TViP. Cumberl?Jld County
My [,ijiTllTlIS3;on Expires JUly 10. 2cm
IN WITNESS WHEREOF, I ""eunto s~~ Seal
Ad~
Title of office
\ N0iARiA.... SEAL \
RC~~H'T J. GOLD. Notary Public.
1-la!::C:;'J&."' Twp. Curnoorl?IlG Coun~r
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EXllIBI'T C
LAST WILL AND TEST AJIENT
OF
JOSEPH P. BElL
I, Joseph P. Beil, of Mechanics burg, Pennsylvania, revoke my former Wills and Codicils
and declare this to be mv Last Will and Testament.
"
ARTICLE I
IDENTIFICATION OF FAMILY
I am not married.
The names of my children are Andrew Joseph Beil, Rebecca Erris Beil and Alexander
Joseph BeiL All references in this \ViIl to "my children" are references to the above-
named children and any children born to me or adopted by me after the signing of this
Will.
ARTICLE n
DISPOSITION OF PROPERTY
A Specific Bequests. I direct that the following specific bequests be made from my
estate.
J. shall be distributed to
. If this beneficiary does not survive me,
this bequest shall be distributed with my residuary estate.
2. My remaining tangible personal property shall be distributed to
. If this beneficiary does not survive me,
this bequest shall be distributed with my residuary estate.
B. Residuary Estate. I direct that my residuary estate be distributed to my ex-spouse,
LeAnne Ems Beil. If my ex-spouse does not survive me, my residuary estate shall be
distributed to my children in equal shares. If a child of mine does not survive me, such
deceased child's share shall be distributed in equal shares to the children of such deceased
child who survive me, by right of representation. If a child of mine does not survive me
and has no children who survive me, such deceased child's share shall be distributed in
equal shares to my other children, if any, or to their respective children by right of
representation. If no child of mine survives me, and if none of my deceased children are
survived by children, my residuary estate shall be distributed to Suzanne Lee Smith of
3001 Lark Drive, York, Pa 17404. Ifsuch beneficiary does not survive me, my residuary
estate shall be distributed to my heirs-at-Iaw, their identities and respective shares to be
*\
determined under the laws of the State of Pennsylvania, then in effect, as ifI had died
intestate at the time fixed for distribution under this provision
ARTICLE III
NOMINA nON OF EXECUTOR
I nominate LeAnne Ems Beil, of 41 Westfield Drive, Mechanicsburg, Pa 17050, as the
Executor, without bond or security. If such person or entity does not serve for any
reason, I nominate Andrew Joseph Beil, to be the Executor, without bond or security.
ARTICLE IV
NOMlNA TION OF GUARDIAN
Should it become necessary to appoint a guardian of the person of a minor child, I
nominate LeAnne Ems Beil, of 41 Westfield Drive, Mechanicsburg, Pa, 17050, , to serve
as the Guardian of my surviving children who are minors at the time of my death. If such
person is unable to serve as Guardian, I nominate Linda and Larry Eslinger of 4060
Mountain View Road, Mechanicsburg, Pa, 17050, to serve as the Guardian.
ARTICLE V
EXECUTOR POWERS
My Executor, in addition to other powers and authority granted by law or necessary or
appropriate for proper administration, shall have the right and power to lease, sell,
mortgage, or otherwise encumber any real or personal property that may be included in
my estate, without order of court and without notice to anyone.
My Executor shall have the right to administer my estate using "informal",
"unsupervised", or "independent" probate or equivalent legislation designed to operate
without unnecessary intervention by the probate court.
ARTICLE VI
MISCELLANEOUS PROVISIONS
A Paragraph Titles and Gender. The titles given to the paragraphs of this Will are
inserted for reference purposes only and are not to be considered as forming a part of this
Will in interpreting its provisions. All words used in this Will in any gender shall extend
to and include all genders, and any singular words shall include the plural expression, and
vice versa, specifically including "child" and "children", when the context or facts so
require, and any pronouns shall be taken to refer to the person or persons intended
regardless of gender or number.
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B. Thirty Day Survival Requirement For the purposes of determining the appropriate
distributions under this \Vill, no person shall be deemed to have survived me unless such
person is also surviving on the thirtieth day after the date of my death.
C. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of
fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and
- .
my estate shall indemnify such natural person from any and all claims or expenses in
connection with or arising out of that fiduciary's good faith actions or nonactions of the
fiduciary, except for such actions or nonactions which constitute fraudulent conduct or
bad faith. No successor trustee shall be obliged to inquire into or be in any way
accountable for the previous administration of the trust property.
D. Beneficiary Disputes. If any bequest requires that the bequest be distributed between
or among two or more beneficiaries, the specific items of property comprising the
respective shares shall be determined by such beneficiaries if they can agree, and if not,
by my Executor.
IN ~ss WHEREOF, I havrbscribed my name below, this JO day of
~U~ dm. ,
Testator Signature:
We, the undersigned, hereby certify that the above instrument, which consists of '7
pages, including the page(s) which contain the witness signatures, was signed in our sight
and presence by Joseph P. Beil (the "Testator"), who declared this instrument to be
his/her Last Will and Testament and we, at the Testator's request and in the Testator's
sight and presence, and in the sight and presence of each other, do hereby subscribe our
names as witnesses on the date shown above.
Witness Signature:
Name:
City:
State:
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Witness Signature:
Name:
City:
State:
Witness Signature:
Name:
City:
State:
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PENNSYL VANIA
Self-Proving Clause
CONIMONWE~ OF PENNS~ V ANlA
COUNTY OF . \'V\-beAla0D
I, Joseph P. Beil, the Testator, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will; that I signed it willingly and as my
free and voluntary act fOT the purposes expressed in the instrument.
Sworn to or affir~and acknowledged b:9cr.nrzt by Joseph P. Beil, the Testator, this
-2D- day of ~J~ ' .
U
Testator Signature
I JJ (, 1
apaCI OOSEAL
SUZANNE M. DEDERER, Notary Public i
Camp Hill Bora, Cumberland County l
My Commission Expires Aug. 20, 2005 f
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(Seal)
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AFFIDA VIT
and
and
the witnesses whose names are signed to the
attached or foregoing instrume tieing duly qualified according to law, do depose and
say that we were present and saw the Testator sign and execute the instrument as the
Testator's Last Will; that the Testator signed willingly and executed it as the Testator's
free and voluntary act for the purposes expressed in it; that each of us in the hearing and
sight of the Testator signed the Will as a witness; and that to the best of our knowledge
the Testator was at that time 18 or more years of age, of sound mind and under no
constraint or undue influence.
and subscribed to before me by
and
and
witnesses, this ~ day of
Name:
City:
State:
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Witness Signature:
Witness Signature:
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Name:
City:
State:
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Name:
City:
State:
Witness
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t NOTARIAL SEAL
I SUZANNE M. DEDERER, Notary Public
\ Camp Hill Bora, Cumberland County
\ My Com~~si()n Expires Aug. 20, 2005
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Seal and official capacity of officer
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EXIlIBIT D
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
August 31. September 7. and September 14 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
/2
(~arie Coyne, Ed' or
SWORN TO AND SUBSCRlBED before me this
~day of September. 2007
Q/~M-/~ d~
Notary
Bell,.Joseph P., dec'd.
Late of the Township of Silver
Spring.
Executrix: Leanne E. Beil, 22
Royal Pahn Drive, Mechanicsburg
PA 17050. '
Attorneys: Lowell R. Gates, Es-
quire, Gates, Halbruner & Hatch
P.C., 1013 Mu=a Road, Suit~
100, Lemoyne, PA 17043.
NOTARIAl SEAl
DEBORAH A COLLINS
Notary Public
CARLISLE BORa. CUMBERlAND COUNlY
My Commission Expires Apr 28. 2010
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
S1Ieet, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
smce;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of August and the
7th day(s) of September 2007. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge ofthe facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
ESTATE NOTICE
ETTIERS TESTAME.NTARY for the
E tate of JOSEPH. P. BElL. deceased.
10 e of the Township of ~Ilver SprIng.
e mber'land County. Penl'!sv/vanla hav-
In been granted tothe undersIgned on
A gust 9. 2007. all persan~ Indebted to
t Estate are'requested to lTlal<e /mme-
dl . te poyment and thllse having claims
a alnst the Estate are requested to pres-
e t. them for settlement without delav
t
T.:,y
EA.NNE E. BElL, ExecutrIx
Roval Palm. Drive
ecbanlcsburv. PA 17050
rfa:
OWELL R. GATES, ESQ.
lites, HlIlbruner '" Hatch, P .C.
013 Mumma Road, Suite 100
emoyne, PA.17043
GATES, HALBRUNER & HATCH, P.C.
ATTN: TRACI SHERIDAN, PARALEGAL
1013 MUMMA ROAD, SUITE 100
LEMOYNE, P A. 17043