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HomeMy WebLinkAbout09-5736 BRIAN M. CRUM, JR., Plaintiff, vs. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- 5-7A, L'u'O CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Brian M. Crum, Jr., by and through his attorneys, Tucker Arensberg, P.C., and brings this Complaint against Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr., and in support thereof alleges as follows: 1. Plaintiff, Brian M. Crum, Jr., is an adult individual who resides at 4810 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Defendant, Horace M. Crum, Sr., is the named representive in the Estate of Horace M. Crum, Jr. Horace M. Crum, Sr., is an adult individual who resides as 631 Colleen Drive, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Horace M. Crum, Jr., died testate on October 1, 2008. 4. Horace M. Crum, Sr., is the Executor named by Horace M. Crum, Jr., in his Will which was filed with the Register of Wills in Cumberland County, Pennsylvania, on February 4, 2009. 5. Letters of Testamentary were issued to Horace M. Crum, Sr., as representative of the Estate of Horace M. Crum, Jr., on October 10, 2008 by the Register of Wills of Cumberland County, Pennsylvania. 6. Judith A. Crum, now known as Judith Ann Uber, was the wife of Horace M. Crum, Jr. 7. Judith A. Crum, a/k/a Judith Ann Uber, and Horace M. Crum, Jr., are the parents of Brian M. Crum. Brian M. Crum was born May 26, 1972. 8. Judith A. Crum and Horace M. Crum, Jr., were married from March 11, 1972 until December 8, 1976. 9. Before their divorce, Judith A. Crum, a/k/a Judith Ann Uber and Horace M. Crum, Jr., entered into a Separation Agreement on December 11, 1975 (hereinafter referred to as the "Separation Agreement"). 10. The disposition of marital property was addressed in the Separation Agreement. Pursuant to Paragraph 9 of said Separation Agreement, there were two whole life insurance policies identified as marital assets. Said whole life insurance policies were to be the property of and were for the benefit of Judith A. Crum, a/k/a Judith Ann Uber. Upon the divorce of Judith A. Crum, a/k/a Judith Ann Uber, and Horace M. Crum, Jr., said assets, the whole life insurance policies, were to go to the benefit of the parties' son, the Plaintiff, Brian M. Crum. 11. Pursuant to the Separation Agreement, Horace M. Crum, Jr., was to maintain said whole life insurance policies and to "pay the premiums thereon." Upon the divorce of Husband, Horace M. Crum, Jr., and Wife, Judith A. Crum, "the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely", Brian M. Crum. 12. The two whole life insurance policies that Horace M. Crum, Jr., was to maintain on himself for the benefit of Brian M. Crum were as follows: a) Whole life insurance policy with State Farm Mutual Insurance Company, with a face of amount of Twenty Thousand ($20,000) Dollars; and b) Whole life insurance policy with Lutheran Brotherhood Insurance Company, with a face amount of Five Thousand ($5,000.00) Dollars. 2 • 4 13. Upon the death of Horace M. Crum, Jr., Plaintiff made an inquiry of Defendant as to the status of the insurance policies and was for the first time advised that they were not in effect at the time of the death of Horace M. Crum, Jr., and therefore the benefits were not going to be paid to the Plaintiff. 14. Subsequent to the death of Horace M. Crum, Jr., Plaintiff was for the first time advised that Horace M. Crum, Jr., had cashed in the insurance policies prior to his death and therefore no benefits were payable to the Plaintiff. 15. By failing to maintain the aforesaid whole life insurance policies and pay the premiums thereon until his death, Horace M. Crum, Jr., breached the terms of the Separation Agreement with Judith A. Crum, a/k/a Judith Ann Uber, which was intended to benefit the Plaintiff, Brian M. Crum. 16. Brian M. Crum was explicitly identified as a beneficiary and was the intended third-party beneficiary of Paragraph 9 of the Separation Agreement between Judith A. Crum, a/k/a Judith Ann Uber, and Horace M. Crum, Jr. 17. Horace M. Crum, Jr., had a duty to the Plaintiff, pursuant to the Separation Agreement, to maintain said insurance policies is in full force and effect and pay the premiums thereon until the time of his death. 18. Having cashed in the aforesaid policies prior to his death, Horace A. Crum, Jr., breached the Separation Agreement and his duty to Plaintiff, Brian M. Crum. 19. As a result of the breach of the Separation Agreement by Horace A. Crum, Jr., Plaintiff, Brian M. Crum, has been damaged to the extent of the value of said insurance policies that would have accrued up to the date of death of Horace A. Crum, Jr., on October 1, 2008. 20. The Estate of Horace M. Crum, Jr., is therefore liable to Plaintiff, Brian M. Crum for the value of the State Farm Mutual Insurance Company policy and the Lutheran Brotherhood 3 Insurance Company policy that would have accrued until the time of the death of Horace M. Crum, Jr., on October 1, 2008 as if he had continued to pay the premiums thereon, as obligated by the Separation Agreement. Further, Plaintiff is entitled to any additional value that would have been added to the face value of those policies through the payment of premiums, accrual of interest, dividends or other items that would have added value had the policies been maintained as required by the Separation Agreement until Horace M. Crum, Jr.,'s time of death. WHEREFORE, Plaintiff demands judgment against the Estate of Horace M. Crum, Jr., for the full value of the State Farm Mutual Insurance Company policy and the Lutheran Brotherhood Insurance Company policy, plus any and all accrued interest, dividends or other items that would have added to the value of said policies had the premiums continued to be paid and said policies remained in full force and effect until the date of death of Horace M. Crum, Jr. It is believed and therefore alleged that said demanded amount exceeds the limits for mandatory arbitration. Respectfully Submitted, TUCKER ARENSBERG, PC By: ennis R heaffer Attorney . D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: August 18, 2009 ATTORNEYS FOR PLAINTIFF 4 VERIFICATION I, the undersigned, BRIAN M. CRUM, do hereby certify that I am a PLAINTIFF in the foregoing action, and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: July, 2009 Brian M. Crum 108509 5 RLE?4' IYi Of THE E r C," HC!. OTAFY NO,9;BUG 19 Pli 2: 53 -*'18. s o Pb Ate,/ GC,`f 3a s(po I P'f,,2a4 Ljal BRIAN M. CRUM, JR., Plaintiff, vs. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Qq - Sr7 ? ?o - C 1 v I L- -7-L Z CIVIL ACTION - LAW JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Defendant, Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr., and certify that I am authorized to do so. By: G go . erwin, Esquire Kerwi Kerwin 4245 Route 209 Elizabethville, PA 17023 Attorney for Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr. Dated: ? - -2 7 - , 2009 OE THE pF?,-)THONOTARY 209 SEP -4 PM T 0 3 GIDUNTY ?PEN.NSY?V BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR. Executor of the Estate of HORACE M. CRUM, JR. Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5736 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Brian M. Crum, Jr., Plaintiff Dennis R. Sheaffer, Esquire Tucker Arensberg Attorneys 1 I 1 N. Front Street P.O. Box 889 Harrisburg, PA 17108 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. „ I ti M. KrKW1N, tJ(1UlKr Attorn f r Defendant, Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr. BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR. Executor of the Estate of HORACE M. CRUM, JR. Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5736 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, COMES the Defendant, Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr., by and through his attorney, Gregory M. Kerwin, who answers the Plaintiffs Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The will of Horace M. Crum, Jr. was filed in the Register of Wills Office of Cumberland County on October 10, 2008, not on February 4, 2009. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part and denied in part. It is admitted that paragraph 9 of the Separation Agreement identified two whole life insurance policies. It is denied that in said paragraph said policies were identified as marital assets and it is denied that said policies were to be the property of and were for the benefit of Judith A. Crum, a/k/a Judith A. Uber. Paragraph 9 of the Separation Agreement speaks for itself and states as follows: "Husband agrees to maintain in force the insurance policies listed below of which the Wife and minor child are beneficiaries and to pay the premiums thereon. This provision shall continue in effect as long as Wife is living and remains married to Husband. In the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child. The policies are: (a) Whole life insurance policy with State Farm Mutual Insurance Company, the face amount being $20,000.00. (b) While life insurance policy with Lutheran Brotherhood Insurance Company, the face amount being $5,000.00." 11. Admitted in part and denied part. The first sentence of paragraph 11 is admitted. The second sentence is denied insofar as paragraph 9 reads as follows, "The husband agrees to maintain in force the same insurance policies and pay the premiums thereon at which time the beneficiaries shall be solely the minor child." 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. It is denied that the said Horace M. Crum, Jr., breached the terms of the -2- Separation Agreement by discontinuing the insurance after his son, Brian M. Crum, was no longer his minor child. 16. Denied. Paragraph 16 states a conclusion of law to which no response is necessary. 17. Denied. It is denied that Horace M. Crum, Jr. had a duty to the Plaintiff pursuant to the Separation Agreement to maintain said insurance policies in full force and effect and to pay the premiums up until the time of his death. On the contrary, his only duty which he fulfilled completely, was to maintain said insurance until his son reached the age of majority. 18. Denied. It is denied that Horace M. Crum, Jr. breached the terms of the Separation Agreement by cashing in said policies after his son attained his majority. 19. Denied. It is denied that Horace M. Crum, Jr. breached the Separation Agreement and the Plaintiff has been damaged to any extent as a result of the surrendering of said policies after the Plaintiff no longer was a minor. 20. Denied. It is denied that the estate of Horace M. Crum, Jr. is liable to the Plaintiff for the value of said policies or any interest or any accrual of dividends on the same. NEW MATTER 21. Attached as Exhibit "A" hereto is a complete true and correct copy of the Separation Agreement dated December 11, 1975, referred to in paragraph 9 of the Plaintiff's Complaint. 22. Horace M. Crum, Jr. maintained the life insurance as described in paragraph 9 up -3- until the time his son, the Plaintiff, reached the age of majority. 23. Plaintiff was 3 years old when the Separation Agreement was executed. 24. Plaintiff was 36 years old at the time of the death of his father, Horace M. Crum, Jr. 25. A reading of the entire Separation Agreement makes it clear that the purpose of paragraph 9 of the Separation Agreement was to provide a source of support for the Plaintiff while he was a minor child in the event of the untimely death of Horace M. Crum, Jr. To claim, as the Plaintiff does in the present lawsuit, that the said Horace M. Crum, Jr. was required to maintain said insurance irrevocably for his entire lifetime notwithstanding that the beneficiary was no longer a minor child is unreasonable and contrary to the intent of the Separation Agreement and is against public policy. WHEREFORE, Defendant prays your Honorable Court to dismiss the Complaint. DATED: Respectfully submitted, By: regp?y M. erwin, Esquire KERWIN & KERWIN 4245 Route 209 Elizabethville, PA 17023 (717) 362-3215 Supreme Court I.D. #21222 Attorney for Plaintiff DAM1,BTLEADWNSWER with new matter.horace crum jr estate.wpd VERIFICATION I, HORACE M. CRUM, SR., Executor of the Estate of Horace M. Crum, Jr., verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my personal knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: September _L I , 2009 . I 'V?? - 11L? HORACE M. CRUM, SIC., Executor of the Estate of HORACE M. CRUM, JR. D:\MLB\PLEAD\V ERIFICATIONI. crum.wpd CERTIFICATE OF SERVICE I, GREGORY M. KERWIN, Esquire, hereby certify that on this date I served a true and correct copy of the foregoing Answer With New Matter, by depositing same in U. S. Mail, postage prepaid, to the following address: Dennis R. Sheaffer, Esquire Tucker Arensberg Attorneys 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 Dated: September ?? 2009 By G G Y WIN, Esquire KERWIN & IKERWIN 4245 State Route 209 Elizabethville, PA 17023 (717)362-3215 Attorney for Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr., Defendant SEPARATION AGREEMENT , THIS AGREEMENT executed in duplicate, made and/or affirmed on this t1 day of 1975, by and between JUDITH ANN CRUM, hereinafter called "Wife" and HORACE MARSHALL CRUM, JR., hereinafter called "Husband". WITNESSETH: WHEREAS, the said parties have been legally married and have lived as Husband and Wife in the said City of Harrisburg for a number of years, and certain differences have arisen between them which have caused the parties to determine that they can no longer continue the marriage relationship and cohabit as man and wife; and they now are living separate and apart from each other; and it is now the desire of both parties to finally and for all time settle and determine their property rights, rights of support and maintenance of their children, or dower rights, or rights in lieu thereof, together with any and all other rights between the said parties growing out of the marriage relationship. However, with regard to the rights of support and maintenance of Wife and child such provisions herein are agreed to in the context of the present financial situation of the Husband and Wife and in consideration of the age of the child. Such provisions may from time to time be modified as the parties may agree or a court may so order. NOW, THEREFORE, this agreement, witnesseth: That the said parties hereto for and in consideration of their mutual promises herein made and of the acts to be performed by the respective parties hereto, covenant and agree as follows: 1. That it shall be lawful for the parties hereto to continue to live separate and apart from each other, during the term of their natural lives; and that each of the said parties shall at all times live separate and apart from the other as if single and unmarried and may reside from time to time at such place or places, and may conduct, carry on and engage in any employment, business or trade that either shall deem fit, without any control, restraing or interference directly or indirectly by the other party hereto. 2. That neither party shall molest the other, nor compel the other to live with him or her by any legal proceeding or otherwise. 3. It is mutually agreed by the parties hereto that the custody of the child born of this marriage, to wit: Brian Marshall Crum, shall remain in Wife and that the Husband shall have the right of.visitation and temporary custody of the child a minimum of every other weekend, the exact hours of visitation to be mutually agreed upon between the parties hereto. In addition, Husband shall have the right to visitation and temporary custody on the following holidays, to wit: Christmas afternoon and Father's Day. In addition the following holidays the Husband shall have visitation and temporary custody on alternate years. The holidays are as follows: July 4th, Labor Day, Thanksgiving Day and New Year's Day-and all other such . holidays as agreed upon by the parties, to include the child's birthday. In addition, the. Husband shall have an extended overnight visitation period with the child during his annual vacation period, the duration and particulars of such to be mutually agreed upon by the parties hereto. 4. Husband agrees to pay to Wife, through the auspices of the Dauphin County Non-Support Office, or such similar office, the sum of $50 per week for the support of the parties aforesaid minor child, Brian Marshall Crum. This amount to be paid by Husband shall terminate upon the happening of.the following events: (a) Husband's or the child's death; (b) child's marriage; (c) child's adoption or. emancipation coupled with removal from Wife's home; (d) custody of the child by husband; (e) attainment of age 18, unless Brian is a 2 . full time student in an institution of higher learning, in such event Husband agrees to pay such support as the parties shall agree at that time, or if they are unable to agree, such amount as the court may deem fit and proper to assist in the support of the child through such education. 5. Husband agrees to pay to Wife, the sum of $30 per week for the support of Wife. -This amount is to be paid by Husband and shall terminate upon the happening of the following events: (a) Husband or Wife's death; (b) divorce of the parties; (c) mutual agreement of the parties; or, (d) by court order. 6. In addition to the aforesaid covenants of monetary support, Husband agrees to maintain in force and payable Blue Cross, Blue Shield, or comparable medical health insurance for the aforesaid minor child and wife, said coverage for the wife shall terminate upon the happening of the following events: (a) Husband or Wife's death;. (b) divorce of the parties; (c) mutual agreement of the,parties; or, (d) by court order. 7. Husband and Wife agree that the jointly owned property at 2413 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, which has already in fact, been listed and agreed to be sold to third parties, will be sold and the proceeds available over and above all liens, encumbrances and settlement costs, will be divided equally between the parties hereto. 8. The household furnishings presently at 2413 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, shall be the property of the Wife with the exception of the selected personal property which will go to Husband. The personal property which shall go to the Husband is as follows: (a) living room furniture (b) bedroom furniture of husband, owned by husband prior to the marriage 3 I o (c) entertainment center (d) one-half of the kitchen utensils, pots and pans, etc. It is specifically agreed that the washer and dryer shall be retained by Wife on the Wife's covenant that she shall assume any and all payments for the purchase of same from the date of this agreement. 9. Husband agrees to maintain in force the insurance policies listed below of which the Wife and minor child are beneficiaries and to pay the premiums thereon. This provision shall continue in effect as long as Wife is living and remains married to Husband. In the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child. The policies are: (a) Whole life insurance policy with State Farm Mutual Insurance Company, the face.amount being $20,000. (b) Whole life insurance policy with Lutheran Brotherhood Insurance Company, the fact amount being $5,000. 10. It is agreed that the United States savings bonds presently in the name of the Husband and minor child shall be transferred to the name of the minor child and shall be delivered to the possession of Wife. 11. The Husband, in consideration of the execution of this agreement, accepts the terms of this agreement in full and complete settlement and release of all claims and demands of every kind or nature against the Wife, including all liability now or at any time hereafter existing or accruing, either on account of courtesy or rights in lieu thereof, incident to the marriage relationship, intending thereby to relieve the Wife entirely from all personal claims and demands, and from any that may hereafter attach, arising 4 1 .,1 in any manner from the relationship of Husband and Wife and from all claim or interest whatsoever in any property, real, personal or mixed, which the said Wife may now own or may at any time.hereafter hold or acquire any interest whatsoever in, either by devise, bequest, purchase or otherwise; it being understood that this settlement is a total and complete release of the said Wife by the Husband of all matters and charges whatsoever and that the said Husband shall after this settlement require nothing whatsoever of the said Wife as though the marriage relation had never existed between them. 12. The Wife, in consideration of the execution of this agreement, accepts the terms of this agreement in full and complete settlement and release of all claims and demands of every kind or nature against the Husband, including all liability now or at any time hereafter,existing or accruing, either on account of courtesy or rights in lieu thereof, incident to the marriage rela- tionship, intending thereby to relieve the Husband entirely from all personal claims and demands, and from any that may hereafter attach, arising in any manner from the relation of Husband and Wife and from all claim or interest whatsoever in any property, real, personal or mixed, which the said Husband may now own or may at any time hereafter hold or acquire any interest whatsoever in, either by devise, bequeath, purchase or otherwise; it being understood that this settlement is a total and complete release of the said Husband by the Wife of all matters and charges whatsoever and that the' said Wife shall after this settlement require nothing whatsoever of the said Husband as though the marriage relation had never existed .between them. 13. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless 5 Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 14. Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 15. Subject to the provisions of this agreement, each party has released and discharged, by this agreement does for himself or herself, and his or her heirs, legal representatives, of and from all causes of action, claims, rights or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 16. Except as herein provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property of the estate ofthe other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take an intestacy rights to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual wiaver and relinquishment of all such interest, rights and claims. 17. Nothing contained herein shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending 6 any such suit. In the event any such actions are instituted or concluded, the parties shall be bound by all the terms of this agreement. The parties hereto agree that if either obtains a decree in divorce within six months of the date of this agreement, they shall provide, at no cost to the other party,.a copy of said decree. 18. Subject to the provisions of this agreement each party hereto has released and discharged, by this agreement, does for himself, herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other from any and all causes of actions, claims, rights or demands whatsoever in law or equity, which each of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or for breach of the within agreement. 19. The._provisions of this agreement and their legal effect .have been fully explained to the parties by their respective counsel, and each party acknowledges the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 20. This agreement contains the entire understanding of the, parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein.. 21. Modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Witness Witness dith Ann Crum Horace Mar hall Crum . FILE-?.:''_?,?F 2 0 0 9 S E P 18 PN ! : 9 ,r. -ry f BRIAN M. CRUM IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 - 5736 CIVIL TERM HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., CIVIL ACTION - LAW Defendant, JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party. The twenty-day notice period has been waived. (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this certificate; (3) Defendant has no objection to the Subpoena being served; and (4) the Subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the Subpoena. TUCKER ARENSBERG, P.C. By. Dennis R. heaff r Attorney's I.D. No. PA-39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEY FOR PLAINTIFF DATE: 9/29/09 109422 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRIAN M. CRUM, Plaintiff, VS. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant, File No. 09 - 5736 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Legal Department, Thrivent Financial for Lutherans (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached page. at 4321 N. Ballard Road, Appleton, WI 54919-0001 (Address) . You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Dennis R. Sheaffer, Esquire, ADDRESS: 111 N. Front Street P. O. Box 889 marrlsDurg, FA i. /1uis TELEPHONE: (717) 234-4121 SUPREME COURT ID # 39d82 ATTORNEY FOR: Plaintiff Date: 09 Sea o ofthe Court Tucker Arensberg, P.C. COURT: Copies of all policies, including but not limited to CIF No. 506525829, Life Contract 574046, with Thrivent Financial for Lutherans (formerly Lutheran Brotherhood Insurance), its predecessors, successors, and subsidiaries, regarding Horace M. Crum, Jr., Social Security No. 182-40-7844. With regard to said policies, copies of any and all correspondence, files, invoices, checks, log notes, file notes, claims materials, benefit materials, addendums, endorsements, and any other item regarding Horace M. Crum, Jr., and/or said policies currently in written form, electronically stored or otherwise in the possession of Thrivent Financial for Lutherans (formerly Lutheran Brotherhood Insurance). 109648 CERTIFICATE OF SERVICE AND NOW, this eday of September, 2009, I, Paulina Patti Thomas, Legal Secretary to Dennis R. Sheaffer, of the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gregory M. Kerwin, Esquire Kerwin & Kerwin 4245 Route 209 Elizabethville, PA 17023 Paulina Patti Thomas 109422 RID-OFRW OF THE PROT}? AIW 2009 OCT -1 PM 3: O 1 : C UNTY PbASYl ,LIMA BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR. Executor of the Estate of HORACE M. CRUM, JR. Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5736 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant's Answers to Plaintiffs Interrogatories AND NOW, TO WIT, this 3d7?`day of September, 2009, comes the Defendant, Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr., through his attorney, GREGORY M. KERWIN, Esquire, who reply to Plaintiff's Interrogatories as follows: GRfA?RY M. KERWIN, ESQUIRE Attorney for Defendant 4245 State Route 209 Elizabethville, PA 17023 (717) 362-3215 D:\MLB\PLEAD\Defendant's Answers to Plaintiffs Interogatories.wpd 111. INTERROGATORIES 1. Factual basis for defenses. State with particularity the factual basis for each defense you are asserting in this case. ANSWER: See defendant's answer to complaint with new matter. 2. Witnesses. (a) Identify each person who (1) Was a witness to any of the facts set forth in the pleadings in this case through sight or hearing; (2) Has knowledge of facts concerning the happening of any of the facts set forth in the pleadings in this case; (3) Has knowledge of facts concerning the Separation Agreement between Judith Ann Crum and Horace Marshall Crum, Jr., dated 12/11/75 (hereinafter the "Separation Agreement"); and/or (4) Has any knowledge of facts concerning the whole life insurance policies referred to in paragraph 9 of the Separation Agreement. (b) With respect to each person so identified, state the extent and nature of the person's exact knowledge of said facts. ANSWER: Judith Ann Crum and her attorney who represented her in her divorce (unknown at this point in time); the attorney for Horace Marshall Crum, Jr., who represented him in the divorce proceeding (unknown at this point in time). 3. Statements. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: None 4. Demonstrative evidence. If you know of the existence of any documents, photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the allegations in Plaintiffs Complaint or Defendant's Answer, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; and (d) The subject that each item represents or portrays. ANSWER: Copy of the Separation Agreement dated 12/11/1975 and correspondence from State Farm Insurance Company and Thrivent Financial for Lutherans both dated 4/9/2009 previously supplied to Plaintiff's attorney. 5. Trial preparation material. If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of any matters alleged in Plaintiffs Complaint or Defendant's Answer, identify: (a) Each person, and the employer of each person, who conducted any investigation(s); and (b) All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: None 6. Trial witnesses. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: Horace M. Crum, Sr. - Executor of the Estate of Horace M. Crum, Jr. Testify as to matters concerning the administration of his son's estate - i.e. assets, liabilities, taxes and claims. Defendant may call the attorney for Horace M. Crum, Jr. who represented him in 1975 if his identity and whereabouts are discovered. 7. Expert Witnesses. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER: No expert witness expected to be called for Defendant at this time. 8. Expert witnesses. State the qualifications of each expert listed herein, including schools attended, past and present professional employment, experience within his or her field of expertise, list of publications, etc., and list each such expert's professional licenses and registrations, including the issuing jurisdiction and the dates thereof, state whether any such licenses or registrations were ever suspended, revoked, terminated or restricted in any way and the basis therefor and relevant dates thereof, and identify all legal proceedings in which such expert testified within the past five years on behalf of answering defendant and the amount of fees generated therefrom. ANSWER: N/A 9. Expert witnesses. Identify all factual information, including all documents, reports, test data, records and/or tangible things forming the basis of each expert opinion identified herein, identify all individuals whom each expert listed herein has interviewed or consulted to prepare each opinion listed herein, identify all documents, including test results or reports, prepared to support each opinion listed herein and identify all exhibits prepared therefor. ANSWER: N/A 10. Trial exhibits. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: Separation Agreement dated 12/11/1975 11. Books, magazines, etc. If you intend to use any book, magazine, or other such writing at trial, state: (a) The name of the writing; (b) The author of the writing; (c) The publisher of the writing; (d) The date of publication of the writing; and (e) The identity of the custodian of the writing. ANSWER: N/A 12. Admissions. If you intend to use any admission(s) of a party at trial, identify each such admission(s). ANSWER: None at this time 13. Identify who represented the Wife and the Husband in the negotiation, preparation and execution of the Separation Agreement. Also, provide the address and phone number of the representatives. ANSWER: Unknown at this point in time. 14. Identify who represented the Wife and the Husband in their divorce. Also, provide the addresses and phone numbers of the representatives. ANSWER' Unknown at this point in time. TUCKER ARENSBERG, P.C. By: 0 " c *-, /? - ennis R. heaff r Attorney I.D. #39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: September / , 2009 ATTORNEYS FOR PLAINTIFF 108521 CERTIFICATE OF SERVICE 4 AND NOW, this day of September, 2009, I, Paulina Patti Thomas, Legal Secretary, for the firm of TUCKER ARENSBERG, P.C., hereby certify that I have this day served the foregoing document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gregory M. Kerwin, Esquire Kerwin & Kerwin 4245 Route 209 Elizabethville, PA 17023 P Paulina Patti Thomas 108521 VERIFICATION I, HORACE M. CRUM, SR., Executor of the Estate of Horace M. Crum, Jr., verify that the statements made in the foregoing Plaintiff's Interrogatories Directed to Defendant are true and correct to the best of my personal knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: September 30 , 2009 J i} I HORACE M. CRUM, SR., Executor of the Estate of HORACE M. CRUM, JR. D:\MLB\PLEAD\VERIFICATIONI.crum.wpd CERTIFICATE OF SERVICE I, GREGORY M. KERWIN, Esquire, hereby certify that on this date I served a true and correct copy of the foregoing Plaintiff's Interrogatories Directed to Defendant, by depositing same in U. S. Mail, postage prepaid, to the following address: Dennis R. Sheaffer, Esquire Tucker Arensberg Attorneys 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 Dated: September 3 y 2009 By GREGORY . KERWIN, Esquire KERWIN & KERWIN 4245 State Route 209 Elizabethville, PA 17023 (717)362-3215 Attorney for Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr., Defendant DAMMPLEAM\CERTIFICATE OF SERVICEI.crum estate. plaintiff interrog.wpd FUD4XFICE OF THE ; ,O71-1C'NOJTARY 2009 OCT -1 PM 10 6 BRIAN M. CRUM, Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5736 CIVIL TERM HORACE M. CRUM, SR. Executor of the Estate of CIVIL ACTION - LAW HORACE M. CRUM, JR. Defendant JURY TRIAL DEMANDED Defendant's Response to Plaintiffs Request For Production of Documents The only documents Defendant has in his possession are the Separation Agreement dated December 11, 1975, and correspondence from State Farm Insurance Company and Thrivent Financial for Lutherans dated April 9, 2009, copies of which have already been provided to Plaintiff's counsel. GRE O Y M. RWIN, ESQUIRE Attorney for Defendant 4245 State Route 209 Elizabethville, PA 17023 VERIFICATION I, HORACE M. CRUM, SR., Executor of the Estate of Horace M. Crum, Jr., verify that the statements made in the foregoing Defendant's Response to Plaintiff s Request for Production of Documents is true and correct to the best of my personal knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: September 30 , 2009 -la . HORACE M. CRUM, SR., Executor of the Estate of HORACE M. CRUM, JR. D:\MLB\PLEAD\crum.defendant's response to plaintiffs request for prod. of docs.wpd CERTIFICATE OF SERVICE I, GREGORY M. KERWIN, Esquire, hereby certify that on this date I served a true and correct copy of the foregoing Defendant's Response to Plaintiff's Request for Production of Documents, by depositing same in U. S. Mail, postage prepaid, to the following address: Dennis R. Sheaffer, Esquire Tucker Arensberg Attorneys 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 Dated: September30 , 2009 By ?(.?-- - GREGORY64. RWIN, Esquire KERWIN & KERWIN 4245 State Route 209 Elizabethville, PA 17023 (717)362-3215 Attorney for Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr., Defendant D:\MLB\PLEAD\crum.defendant's response to plaintiffs request for prod. of docs.wpd OF THE PR PROTHONOTARY 2009 OCT -I PM 10 6 CUtdl&i .? `L fjJN Y PENNSYLVANIA BRIAN M. CRUM IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant, NO. 09 - 5736 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 21. Admitted. 22. Denied. It is specifically denied that Horace M. Crum, Jr., maintained the life insurance as described in paragraph 9 of the Separation Agreement dated December 11, 1975, until the time that the Plaintiff reached the age of majority. The Plaintiff reached the age of majority on May 26, 1990. The Defendant cashed in the insurance policy with State Farm Mutual Insurance Company in July of 1983, and cashed in the insurance policy with Lutheran Brotherhood Insurance Company in May of 1978. 23. Admitted. 24. Admitted. 25. Denied. The allegations in Paragraph 25 are denied as conclusions of law. By way of further denial, a reading of the entire Separation Agreement makes it clear that insurance policies identified in paragraph 9 of the Separation Agreement are to be maintained and remain in full effect for the benefit of Plaintiff until the death of Horace M. Crum, Jr. The use of the term "minor child" in the Separation Agreement was a way of identifying Plaintiff and was not intended to limit any obligation of Horace M. Crum, Jr., to a certain period of time during which the Plaintiff was a minor. There are no termination provisions in paragraph 9 of the Separation Agreement that permits Horace M. Crum, Jr., to stop maintaining the life insurance policies as obligated. Strict proof of the allegations to paragraph 25 is demanded. WHEREFORE, Plaintiff requests this Honorable Court enter Judgment in accordance with the prayer for his relief in his Complaint. Respectfully submitted, TUCKER ARENSBERG, P.C. Ize By: Dennis R. S affer 14 Attorney I. . #39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: October 5, 2009 ATTORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, BRIAN M. CRUM, do hereby certify that I am a PLAINTIFF in the foregoing action, and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: WY 1 ` 12009 Brian M. CnI CERTIFICATE OF SERVICE AND NOW, this 5t' day of October, 2009, I, Paulina Patti Thomas, Legal Secretary, for the firm of TUCKER ARENSBERG, P.C., hereby certify that I have this day served the foregoing document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gregory M. Kerwin, Esquire Kerwin & Kerwin 4245 Route 209 Elizabethville, PA 17023 Paulina Patti Thomas 109783 109783 FILED- C -!- OF THE PP's i ? PNIOTAFN 2004 OCT -6 PM 1: 29 CUM-. BRIAN M. CRUM Plaintiff, vs. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant, IN THE COURT OF COMMON PAEAN, CUMBERLAND COUNTY, PENNSYMNIAR Wi,u. 1r ' ` 9 NO. 09 - 5736 CIVIL TERM . 33 CIVIL ACTION - LAW =? i u w JURY TRIAL DEMANDED o CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party. The twenty-day notice period has been waived. (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this certificate; (3) Defendant has no objection to the Subpoena being served; and (4) the Subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the Subpoena. DATE: 9/29/09 TUCKER ARENSBERG, P.C. By: ' ( - Dennis R. heaffer Attorney's I.D. No. PA-39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEY FOR PLAINTIFF 109422 BRIAN M. CRUM, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 09 - 5736 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiff, VS. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian - State Farm Mutual Insurance Company (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached page. at 2702 Ireland Grove Road, Bloomington, IL 61709-0001 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NA1v1E:Dennis R. Sheaffer, Esquire, Tucker Arensberg, P.C. ADDRESS: 111 N. Front Street P. O. Box 88 Harrisburg, PA 17108 TELEPHONE: _717-234-41 21 SUPREME COURT ID # 3 918 2 ATTORNEY FOR: plaintiff Date: ea of the Court BY THE COURT: Copies of all policies, including but not limited to Policy No. 0214-5095, with State Farm Mutual Insurance Company, its predecessors, successors, and subsidiaries, regarding Horace M. Crum, Jr., Social Security No. 182-40-7844. With regard to said policies, copies of any and all correspondence, files, invoices, checks, log notes, file notes, claims materials, benefit materials, addendums, endorsements, and any other item regarding Horace M. Crum, Jr., and/or said policies currently in written form, electronically stored or otherwise in the possession of State Farm Insurance Company. 109647 e , CERTIFICATE OF SERVICE ?y,I, AND NOW, this day of September, 2009, I, Paulina Patti Thomas, Legal Secretary to Dennis R. Sheaffer, of the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gregory M. Kerwin, Esquire Kerwin & Kerwin 4245 Route 209 Elizabethville, PA 17023 109422 aulina Patti Thomas RLEC--& RICE OF THE P-7t-n+,ynTARY 2009 OCT -8 PPS 2: 15 i p a 1 BRIAN M. CRUM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., DEFENDANT 09-5736 CIVIL TERM IN RE: DEFENDANT'S MOTION TO STRIKE BEFORE OLER, J., GUIDO, J. AND MASLANDs_J. ORDER OF COURT AND NOW, this ~~~ day of July, 2010, the defendant's motion to strike, IS DENIED. By the Court, .~ Albert H. Masland, J. .Dennis R. Sheaffer, Esquire For Plaintiff / Neil Warner Yahn, Esquire For Defendant :sal ~~ ~:~ ~ ~ _ rv ~-,r-r-; r-`, ~~- ~ : ~ _ T ..J4 ~' .l ` - .L t ..~ L ~. -, Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant FILF0-0 F! E f- r7 tj C 4 .' . i t ! -. e a . t j 1. ,. i t2i F D .:.:D t V : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded DEFENDANT'S MOTION TO COMPEL PRODUCTION AND NOW comes the Defendant, HORACE M. CRUM, SR., as Executor of the Estate of Horace M. Crum, Jr., (herein "Defendant'), by and through his attorneys, James, Smith, Dietterick & Connelly, LLP, who hereby sets forth this Motion to Compel Production and in support thereof, aver as follows: 1. On or about September 24, 2010, Defendant propounded a Request for the Production of Documents upon the Plaintiff, Brian M. Crum (herein "Plaintiff'), of which a true and correct copy has been attached herein and marked as Exhibit "A". 2. Thirty (30) days has passed since the issuance of said discovery request to which Plaintiff has failed to respond. 3. Moreover, Defendant has repeatedly attempted to contact Plaintiff's counsel, via telephone and email correspondence, regarding the outstanding discovery to which no response or explanation has been provided. 4. Of the upmost importance, Defendant is trying to discern what documents, if any, Plaintiff has received from the Lutheran Brotherhood Insurance Company and the State Farm Mutual Insurance Company pursuant to the subpoenas that Plaintiff had previously issued. 5. Furthermore, Defendant is desirous of receiving any and all documents in Plaintiff's possession regarding the divorce between the Decedent, Horace M. Crum, Jr. (herein "Decedent"), and Plaintiff s mother, Judith Ann Crum a/k/a Judith Ann Uber, in anticipation of conducting the depositions of both Plaintiff and his mother. 6. However, it is impossible for Defendant to proceed with discovery in this matter, including the depositions of said individuals, until the supporting documentation regarding the insurance policies and the divorce is produced. 7. As such, it is appropriate for the requesting party to make an order to compel production. See, L.& Linker v. Churnetski Transp. Inc., 360 Pa. Super. 366, 520 A.2d 502 (1987). 8. Defendant avers this matter is ripe for this Honorable Court to intervene and compel Plaintiff to produce the information previously requested, including information surrounding the divorce and the alleged insurance policies that Decedent was purportedly required to maintain. 9. Plaintiff has unnecessarily delayed this action by failing to provide Defendant with the information he is entitled to receive under the Pennsylvania discovery rules. 10. Defendant, therefore, respectfully requests that this Honorable Court enter an Order compelling Plaintiff to provide the documentation as requested in Defendant's Request for the Production of Documents within twenty (20) days from the date of the Court's Order. 2 11. Counsel for Defendant certifies that he has attempted to resolve this discovery dispute without the necessity of a Motion to Compel however after a reasonable effort, the parties are unable to resolve the dispute due to Plaintiff's non-responsiveness. 12. Counsel for Plaintiff has been provided a copy of the Motion herein to which a reply regarding their concurrence thereto was not provided. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an order compelling Plaintiff, Brian M. Crum, to produce the documents as requested in Defendant's Request for the Production of Documents within twenty (20) days from the date of the Court's Order. Respectfully submitted, JAMES, SMITH, DIETTERICK, CONNELLY, LLP Date: January ?3 2011 By: LNeil arn Yahn, Esquire ey I. . No. 8 2278 ox 0 A 17033 (717) 533-3280 Attorneys for Defendant 3 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 .Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded CERTIFICATE OF NON-CONCURRENCE Pursuant to the Cumberland County Local Rules, the undersigned hereby certifies that counsel for the Plaintiff, Dennis R. Sheaffer, Esquire, has been provided a true and correct copy of the Motion contained herein, as well as a copy of the Proposed Order, and said counsel does not concur in Defendant's Motion to Compel Production. Respectfully submitted, JAMES SMITH DIETTERICK & CONNELLY, LLP Date: -3 By: Neil am Yahn; Esquire omey I.D # 82278 P.O. jBox65 Vers17033-0650 ( 780 Attorney for Defendant EXHIBIT A Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded DEFENDANT'S REQUEST FOR THE PRODUCTION OF DOCUMENTS Pursuant to the Pennsylvania Rules of Civil Procedure, Defendant, Horace M. Crum, Sr., as Executor of the Estate of Horace M. Crum, Jr. (herein "Defendant'), by and through his attorneys, James, Smith, Dietterick & Connelly, LLP, hereby requests that Plaintiff, as hereinafter defined, produce for inspection and photocopying at the offices of James, Smith, Dietterick & Connelly, LLP, 134 Sipe Avenue, Hummelstown, PA 17036, the following documents within thirty (30) days after service hereof. I. DEFINITIONS 1. "Plaintiff', "you", or "your" shall mean Brian M. Crum, and any others who are in possession of or may obtain information for or on behalf of any of the aforesaid persons. 2. "Decedent" shall mean Horace M. Crum, Jr. 3. "The Estate" shall mean the Estate of the Decedent, Horace M. Crum, Jr. 4. "Communication" shall include, but is not limited to, oral and written communications of all kinds, such as correspondence, exchange of written or recorded information, face to face meetings, and telephone conversations. 5. "Identify" as applied to documents, means to make known the name of the author or authors, the date of the document, its title (if any), each person to whom the document was addressed, to summarize the contents of the document, and to identify the custodian of the document. 6. "Identify" as applied to persons, means to make known with respect to such person the name, address (business and residence), telephone number (business and residence), employer (if any), and position of employment. 7. "Specify" and/or "describe" shall have their customary and broad meaning and shall include, without limitation, the requirement that Plaintiff names, states or makes known explicitly, and in detail, without ambiguity, the information requested, and further, that Plaintiff particularizes, defines, shows clearly, sets apart and designates the information requested. 8. "Document" shall have its customary and broad meaning and shall include, without limitation, the following items whether printed, recorded or reproduced by any other mechanical process, or written or produced by hand, and whether or not claimed to be privileged against discovery on any ground: agreements, communications, correspondence, letters, telephone messages, telexes, memoranda, notebooks, summaries, reports or records of telephone conversations, summaries or records of conversations for interviews, diaries, statistical statements, graphs, charts, plans, minutes or records of meetings or conferences, expressions or statements of policy, lists of persons, drafts of any documents, original or preliminary notes, tapes or other 2 recordings, punch cards, magnetic tapes, discs, data fills, drums, print-outs, photographs, or any other data compilations from which information can be obtained. 9. "Person" has its customary broad meaning and shall also include any individual, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization. 10. "And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request all responses which might otherwise be construed to be outside of the scope. "Each" shall be construed to include the word "every", and "every" shall be construed to include the word "each." "Any" shall be construed to include the word "all" and "all" shall be construed to include the word "any." 11. "Statement" means: A. a written statement signed or otherwise adopted or approved by the person making it, or B. a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. II. INSTRUCTIONS 1. This request shall be deemed continuing so as to require further and supplemental production by the parry responding hereto if the party obtains or discovers additional documents between the time of initial production and the time of hearing or trial. 2. All objections to the requests herein shall be made in writing and delivered to the offices of James, Smith, Dietterick & Connelly, LLP on or before the date set for production. 3 3. If any documents or parts of documents called by this request are withheld under a claim of privilege, a list is to be furnished identifying each such document together with the following: A. the reason for withholding; B. a statement constituting the basis for any claim of privilege, work product, or other ground of non-disclosure; C. a brief description of the document, including: i) the date of the document; ii) the number of pages, attachments, and appendices; iii) the names of its author, authors, or preparers and each identification by employment and title of each person; iv) the names of each person to whom the document, or a copy thereof, was sent, shown, or made accessible, or to whom it was explained, together with an identification of each such person; v) present custodian; vi) subject matter of document, and in the case of any document relating in any way to a meeting or conversation; and vii) the paragraph of the request to which the document relates. 4. You are to produce all documents as they are kept in the usual course of business with identifying labels, file markings, or similar identifying features or shall be organized and labeled to correspond to the appropriate request herein. If there are no documents responsive to any particular category, the party responding thereto shall state so in writing. 4 5. With respect to each request herein, you are to identify and produce all documents which are known to you, or which can be located or discovered by reasonable diligent effort, including, without limitation, all such documents requested to be produced which are in the files of (whether personal, business or any other files), possession, custody or control of the party responding hereto and/or his attorneys, investment advisors, accountant, agents, representatives, officers or employees. III. DOCUMENTS REQUESTED 1. Any and all documents received by you or your counsel from the Lutheran Brotherhood Insurance Company regarding any and all insurance policies previously held by the Decedent with the aforementioned company. 2. Any and all documents received by you or your counsel from Thrivent Financial for Lutherans regarding any and all insurance policies previously held by the Decedent with the aforementioned company. 3. Any and all documents received by you or your counsel from the State Farm Mutual Insurance Company regarding any and all insurance policies previously held by the Decedent with the aforementioned company. 4. Any and all documents in your possession or your counsel's possession pertaining to the divorce action between Decedent and Plaintiffs mother, Judith Ann Crum a/k/a Judith Ann Uber, including but not limited to, pleadings, discovery, correspondence, notes, statements, and memos. 5. Any and all documents which purportedly establish the value of the insurance policies listed in the answers to Requests #1 through #3 at the time the policies were purchased by the Decedent. 5 6. Any and all documents which purportedly establish the value of the insurance policies listed in the answers to Requests #1 through #3 at the time the policies were cancelled and/or surrendered. 7. Any and all documents which purportedly establish the present value of the insurance policies listed in the answers to Requests #1 through #3 had the policies not been cancelled and/or surrendered. 8. All statements or memoranda of statements of any interested parties to this action concerning the subject matter of this case and the events surrounding it. 9. All statements or memoranda of statements of any person who has knowledge of the facts detailed in the pleadings in this matter. 10. All documents used in drafting any pleading or response to any discovery request in this matter. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNFLLY, LLP Date: September, 2010 By: -Yeil W. Y Attorney I.D. No. 82278 134 Sipe Av ue Pummelst n, PA 17036 Attorney for Defendant 6 1 D Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this, day of September, 2010, I, Neil Warner Yahn, Esquire, do hereby certify that I served a true and correct copy of the foregoing Request for the Production of Documents upon the following by depositing the same in the U.S. Mail, first class postage pre-paid at Hershey, Dauphin County, Pennsylvania: SERVED UPON: Dennis R. Sheaffer, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Plaintiff Gregory M. Kerwin, Esquire Kerwin & Kerwin 4245 Route 209 Elizabethville, PA 17023 Co-Counsel for Defendant SIT, W. YAHN, ESQUIRE ttorney ID ?o. 82278 7 C Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Docket No. 095736 Civil Term HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., : Civil Action Law Defendant : Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this day of January, 2011, I, Neil Warner Yahn, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion to Compel Discovery upon the following by depositing the same in the U.S. Mail, first class postage pre-paid at Hershey, Dauphin County, Pennsylvania: SERVED UPON: Dennis R. Sheaffer, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Plaintiff Gregory M. Kerwin, Esquire Kerwin & Kerwin 4245 Route 209 Elizabethville, PA 17023 Co-Counsel for Defendant NEIL W. Y N, ESQUIRE Attorney ID No. 82278 4 BRIAN M. CRUM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. c --, HORACE M. CRUM, SR., EXECUTOR nCD OF THE ESTATE OF HORACE M : . CRUM, JR., r ?x - br- m ma DEFENDANT 00 09-5736 CIVIL TERMa Sc? c, ORDER OF COURT w r 57- r ! AND NOW, this ?' ? day of January, 2011, a Rule is issued on •=? plaintiff, Brian M. Crum, to show cause why he should not produce the documents requested by defendant. This Rule is returnable within twenty (20) days of the date of this order. By the Court, Dennis R. Sheaffer, Esquire For Plaintiff Neil Warner Yahn, Esquire For Defendant / 11 1 z2k-.=1a Albert H. Masland, J. ?s1'?°L`led ?°P' e 11 Ja f ors saa BRIAN M. CRUM IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09 - 5736 CIVIL TERM HORACE M. CRUM, SR., EXECUTOR OF `-' THE ESTATE OF HORACE M. CRUM, JR., : CIVIL ACTION - LAW _03 = --r Defendant, Co 5. rn JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA zt C:) PURSUANT TO RULE 4009.22 > N ' As a prerequisite to service of a Subpoena for documents and things pursuant to Rul e 4009.22, Plaintiff certifies that: (1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party. The twenty-day notice period has been waived. (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this certificate; (3) Defendant has no objection to the Subpoena being served; and (4) the Subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the Subpoena. TUCKER ARENSBERG, P.C. DATE: January 28, 2011 H BGDB:117298-1 024853-139554 By: Dennis yR. teaffer,"I Attorney's I.D. No. PA-39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEY FOR PLAINTIFF BRIAN M. CRUM IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant, NO. 09 - 5736 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Sr. c/o Neil Warner Yahn, Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 ATTORNEYS FOR DEFENDANT You are hereby notified that the Plaintiff, Brian M. Crum, intends to serve a Subpoena identical to the one that is attached to this Notice upon Thrivent Financial for Lutherans, formerly Lutheran Brotherhood Insurance, 4321 N. Ballard Road, Appleton, Wisconsin, 54919-0001. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If the twenty day notice period is waived or if no objection is made, then the Subpoena may be served. DATE: January 26, 2011 TUCKER ARENSBERG, P.C. -?- - R., heaffer Attorney's I.D. No. PA-39182 111 North Front Street P. O. Box 889 Harrisburg, PA, 17108-0889 (717) 234-4121 ATTORNEY FOR PLAINTIFF HBGDB:117297-1 024853-139554 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Brian M. Crum Plaintiff , File No. 09-5736 Civil Term vs. Horace M. Crum, Sr., Executor of the Estate of Horace M. Crum, Jr. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Thrivent Financial for Lutherans (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all information and/or documents regarding the death benefit value of Contract No. 0574046 for Horace M. Crum, Jr., as of October 1, 2008 had said contract remained in full force with the premiums paid through October 1, 2008. at 4321 N. Ballard Road, Appleton, WI 54919-0001 ` (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Dennis R. Sheaffer, Esquire ADDRESS: Tucker Arensbeg, P.C. ! I 1 N. Front Street Harrisburg, PA 17101 TELEPHONE: 717-2344121 SUPREME COURT ID # 39192 ATTORNEY FOR: Plaintiff Date: _T--f-`-?- Seal of the Court =Prothonotary, . - /) - je.e? Civil Diyxsion Deputy JAN ;?- 201 CERTIFICATE OF SERVICE AND NOW, this 26th day of January, 2011, I, Paulina Patti Thomas, Legal Secretary to Dennis R. Sheaffer, of the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Neil Warner Yahn, Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 ATTORNEYS FOR DEFENDANT Paulina Patti Thomas HBG DB:117297-1 024853-139554 . . •4 CERTIFICATE OF SERVICE AND NOW, this 28th day of January, 2011, I, Paulina Patti Thomas, Legal Secretary to Dennis R. Sheaffer, of the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Neil Warner Yahn, Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 ATTORNEYS FOR DEFENDANT Pau ma Patti Thomas H BGDB:117298-1 024853-139554 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No. 09-5736 Civil Term tom`; c_ HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Civil Action Law _ Defendant Jury Trial Demanded DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW comes, the defendant, Horace M. Crum, Sr. (herein "Defendant"), as Executor of the Estate of Horace M. Crum, Jr. (herein the "Estate") by and through his attorneys, JAMES SMITH DIETTERICK & CONNELLY, LLP, and hereby presents this Motion for Summary Judgment Pursuant to Pennsylvania Rule of Civil Procedure 1035 and in support thereof Defendant avers as follows: PARTIES AND BACKGROUND 1. The decedent, Horace M. Crum, Jr. (herein the "Decedent") died on October 1, 2008, a resident of Cumberland County, Pennsylvania. 2. During his lifetime, the Decedent was married to Judith Crum (now Judith Uber, herein "Judith") from March 11, 1972 until December 8, 1976. 3. Judith and the Decedent had one (1) child, namely Brain M. Crum (herein "Plaintiff') who was born on May 26, 1972. 4. The Decedent's Will was probated before the Register of Wills of Cumberland County and Letters Testamentary were granted to the Defendant as Executor on or about October 10, 2008. FACTS AND PROCEDURAL HISTORY 5. On or about February 4, 2009, Plaintiff filed with the Clerk of the Orphans' Court a claim against the Estate (a true and correct copy of the Notice of Claim is attached and marked as Exhibit "A") 6. Plaintiff alleges the value of his claim is Twenty Five Thousand Dollars ($25,000.00). 7. Following the Notice of Claim, on or about August 19, 2009, Plaintiff filed a Civil Complaint before this Honorable Court (herein the "Complaint") alleging, inter alia, that Plaintiff was the third party beneficiary of a certain Separation Agreement by and between the Decedent and Plaintiff's mother, Judith, to which Decedent was to allegedly purchase and retain two life insurance policies (herein the "Policies") and name Plaintiff as the beneficiary thereof (a true and correct copy of the Separation Agreement has been attached hereto and marked as Exhibit `B"). 8. Paragraph 9 of the Separation Agreement states, "In the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child. The policies are: a. Whole life insurance policy with State Farm Mutual Insurance Company, the face amount being $20,000. 2 b. Whole life insurance policy with Lutheran Brotherhood Insurance Company, the face amount being $5,000" (emphasis added). _ 9. As such, the Decedent was to retain the Policies, designating Plaintiff as the beneficiary thereof, until Plaintiff reaches the age of majority, specifically on May 26, 1990. 10. Decedent surrendered the Lutheran Brotherhood Policy (now Thrivent Financial for Lutherans) in May of 1978 (see Exhibit "C"). 11. Decedent surrendered the State Farm Policy in July of 1983 (see Exhibit "D"). 12. The Complaint alleges that because of Decedent's failure to obtain (or retain) the Policies, Plaintiff is owed the total value thereof namely, Twenty Five Thousand Dollars ($25,000.00) plus any and all accrued interest, dividends or other items that would have added value to the Policies had they not been surrendered. 13. Defendant now submits this Motion for Summary Judgment pursuant to Pennsylvania Rule of Civil Procedure 1035. SUMMARY JUDGMENT STANDARDS 14. Rule 1035.2 of the Pennsylvania Rules of Civil Procedure states that a Motion for Summary Judgment shall be granted under two circumstances: whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. Pa.R.C.P. 1035.2; Fazio v. Fegley Oil Co. Inc., 714 A.2d 510, 512 (Pa. Commw. 1998). 15. Further, under the revised rules, a court may grant summary judgment where it is clear and free from doubt that the moving party is entitled to judgment as a matter of law. Boyer v. Walker, 714 A.2d 458, 459 (Pa. Super. 1998); Cappelli v. York Operating Co. Inc., 711 A.2d 481, 483 (Pa. Super. 1998) (en banc). 16. When making this determination, the trial court must consider the evidence in a light most favorable to the non-moving party. Pa. R.C.P. 1035.1; Harman on Behalf of Harman v. Borah, 720 A.2d 1058, 1061 (Pa. Super. 1998); Sebelin v. Yamaha Motor Corp. USA, 705 A.2d 904, 907 (Pa. Super. 1998). 17. In the matter herein, there is no genuine issue of any material fact as to a necessary element of the claim as Plaintiff has failed to establish a cause of action for Decedent's alleged breach of the Separation Agreement. CONTRACTSTANDARDS 18. The Separation Agreement must be evaluated pursuant to contract principles as Pennsylvania Courts have consistently held that property settlement agreements incorporated but not merged into divorce decrees are considered independent contracts, interpreted according to the law of contracts. See Nicholson v. Combs, 550 Pa. 23, 703 A.2d 407, 412 (Pa. 1997). 19. "A fundamental rule in construing a contract is to ascertain and give effect to the intent of the contracting parties." Mace v. Atlantic Refining Mktg. Corp., 567 Pa. 71, 785 A.2d 491, 496 (Pa. 2001). 20. "It is firmly settled that the intent of the parties to a written contract is contained in the writing itself. When the words of a contract are clear and unambiguous, the meaning of the contract is ascertained from the contents alone." Id. 4 21. Paragraph 9 of the Separation Agreement specifically states, "[i]n the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child" (emphasis added). 22. The term "solely", given its ordinary and plain meaning, is defined as: (1) without another; and (2) to the exclusion of all else. Merriam-Webster Dictionary (2011). 23. The term "child", as defined by the Pennsylvania Domestic Relations Code, means "an unemancipated individual under 18 years of age." 23 Pa.C.S. § 5322. 24. Moreover, Pennsylvania contract law provides, "it is firmly settled that the intent of the parties to a written contract is contained in the writing itself." Mace v. Atlantic Refining Mktg. Corp., 567 Pa. 71, 785 A.2d 491, 496 (Pa. 2001). 25. The recitals of the Separation Agreement, which outline the parties' intent and expectations therein, state "[h]owever, with regard to the rights of support and maintenance of Wife and child such provisions herein are agreed to in the context of the present financial situation of the Husband and Wife and in consideration of the age of the child" (emphasis added) (see page 1 of Exhibit `B").1 26. The Plaintiff himself certainly cannot opine as to the terms of the Separation Agreement because not only was he not a party thereto, the Plaintiff had never before read (or even seen) the Separation Agreement, even though he advanced the Complaint herein based 1 By way of further example, Paragraph 4 of the Separation Agreement is another "child such provision" which outlines the financial support the Decedent is to provide to the minor child and is further indicative of the parties' intent to cease such support upon Plaintiff obtaining the age of 18. Paragraph 4 states, "[t]his amount to be paid by Husband shall terminate upon the happening of the following events: (a) Husband's or the child's death; (b) child's marriage; (c) child's adoption or emancipation coupled with removal from Wife's home; (d) custody of the child by husband; (e) attainment of age 18, unless [Plaintiff] is a full time student in an institution of higher learning" (emphasis added). upon the provisions of said document (see the relevant excerpt of Plaintiff's Deposition attached hereto and marked as Exhibit `B"). 27. Therefore, by the plain language of the Separation Agreement itself, the Decedent was obligated to retain the Policies for the benefit of "solely the minor child" as a means of providing support to the child after the divorce in the event the Decedent passed away before Plaintiff reached the age of 18. 28. However, the Decedent did not die before Plaintiff reached the age of majority and on said date, namely May 26, 1990, the Decedent's obligation under Paragraph 9 of the Separation Agreement ceased as Plaintiff was no longer a "minor child". 29. There is no provision within the body of the Separation Agreement which requires the Decedent to retain the Policies in perpetuity nor provide for the Plaintiff thereunder beyond the age of majority. 30. The fact that the Decedent surrendered the polices prior to Plaintiff reaching the age of 18 is irrelevant because as of May 26, 1990, the Decedent was free to surrender the Policies, cash them out, or keep them and change the designated beneficiary at his discretion because the "minor child" was no longer in need of the potential care. 31. In short, accordingly to plain language of the Separation Agreement, when the Decedent passed away on October 1, 2008, he was under no obligation to retain the Policies for the benefit of the Plaintiff. 6 WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order granting Summary Judgment and dismissing Plaintiffs Complaint with prejudice. Respectfully submitted, Date: ` . 13 .f " JANES, SMITH, DIETTERICK & CONNELLY, LLP \ ;`,? Neil W. Y Attorney I.D. o. 82278 134 Sipe Ave e ummels?t,,,,o..??n, PA 17036 1(7? 53313280 Attorney for Defendant 7 VERIFICATION I, HORACE M. CRUM, SR., as Executor of the Estate of Horace M. Crum, Jr., verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: HO RACE . CRUM, SR., Executor of the Estate of Horace M. Crum, Jr. EXHIBIT A S' NOTICE OF CLAIM. (Riled Pursuant to.20 Pa.(18-„ §:3532)COURT OF COMMON FLEAS OF Cumberland. - • CDUNTX, .:P0N??TA.. ORPHANS': COURT DIVISION EST -, B 4P 14.orace M. Crum;. J'r: T o the C1.* rl :QMb, Orphaxzs' Cour# l Eiiter`the.cWim d. ffa "Ober sfid`Briajid lGaimtmt)< arnouiit ofl.?? °. ?000.4 =,:agajr£s?_tT?? above ex?fiitl.ed Estate';: DECEASED in.:the The:Decedert, R+?ia resided: at.. I :17$. ViTesi,Tri?adl :Road, IV[e 1?ai i.csE tirg, PA _- .. .:. (S[rtet.Adc7reasj. ' . died :on. 1'd/O:I?20?8. tritteri rtotca-off, ... (Date afDeg4- said claim: was liven to .Horace. . Crurla,. 5r:. - Executor ?Pe at 531 Golr-eea Dri v Harrrsbtk .l? on 0210412009. (Date)' 7_uidY 7b.r'anc3..rian.Crum (Claimon[J 481;0 Dezxy. Street. (StreetAddresal. Ha sbuxg,: A 1711:1- Denn!s A, 5heafferl 39182 {Cluibra»Ys:Cormse!) (?tgirenie:Courtlb.•No,) 1 ? 1::?tox£?.,Fr:anit Street (Addrers) Harrisburg, PA 1710.11 7i?-23?-x:121. (I'eleplrone) Pf rnrOC47 ro.40J3,06 ply'.3tak zip) EXHIBIT B SEPARATION AGREEMENT , THIS AGREEMENT executed in duplicate, made and/or affirmed on this Ilk day of p-mr-nl " , 1975, by and between JUDITH ANN CRUM, hereinafter called "Wife" and HORACE MARSHALL CRUM, JR., hereinafter called "Husband". WITNESSETH: WHEREAS, the said parties have been legally married and have lived as Husband and Wife in the said City of Harrisburg for.a number of years, and certain differences have arisen between them which have caused the parties.to determine that they can no longer continue the marriage relationship and cohabit as man and wife; and they now are living separate and apart from each other; and it is now the desire of both parties to finally and for all time settle and determine their property rights, rights of support and maintenance of their children, or dower rights, or rights in lieu thereof, together with any and all other rights between the said parties growing out of the marriage relationship. However, with regard to the rights of support and maintenance of Wife and child such provisions herein are agreed to in the context of the present financial situation of the Husband and Wife and in consideration of the age of the child. Such provisions may from time to time be modified as the parties may agree or a court may so order. NOW, THEREFORE, this agreement witnesseth: That the said parties hereto for and in consideration of their mutual promises herein made and of the acts to be performed by the respective parties hereto, covenant and agree as follows: 1. That it shall be lawful for the parties hereto to continue to live separate and apart from each other, during the term of their natural lives; and that each of the said parties shall at all i times live separate and apart from the other as if single and unmarried and may reside from time to time at such place or places, and may conduct, carry on and engage in any employment, business or trade that either shall deem fit, without any control, restraing or interference directly or indirectly by the other party hereto. 2. That neither party shall molest the other,'nor compel the other to live with him or her by any legal proceeding or otherwise. 3. It is mutually agreed by the parties hereto that the custody of the child born of this marriage, to wit: Brian Marshall Crum, shall remain in Wife and-that the Husband shall have the right of visitation and temporary custody of the child a minimum of every other weekend, the exact hours of visitation to be mutually agreed upon between the parties hereto, In addition, Husband shall have the right to visitation and temporary custody on the following holidays, to wit: Christmas afternoon and Father's Day. In addition the following holidays the Husband shall have visitation and temporary custody on alternate years. The holidays are as follows.: July 4th, Labor Day, Thanksgiving Day and New Year's Day and all other such holidays as agreed upon by-the parties, to include the child's birthday. In addition, the Husband shall have an extended overnight visitation period with the child during his annual vacation period, the duration and particulars of such to be mutually agreed upon by the parties hereto. ?+• Husband agrees to pay to Wife, through the auspices of the Dauphin County Non-Support Office, or such similar office, the sum of $50 per week for the support of the parties aforesaid minor child, Brian Marshall Crum. This amount to be paid by Husband shall terminate upon the happening of the following events- (a) Husband's or the child's death; (b) child's marriage; (c) child's adoption or. emancipation coupled with removal from Wife's home; (d) custody of the child by husband; (e) attainment of age 18, unless Brian is a 2 r , full time student in an institution of higher learning, in such event Husband agrees to pay such support as the parties shall agree at that time, or if they are unable to agree, such amount as the court may deem fit and proper to assist.in the support of the child through such education. 5. Husband agrees to pay to Wife, the sum of $30 per week for the support of Wife. -This amount is to be paid by Husband and shall terminate upon the happening of the following events: (a) Husband or Wife's death; (b) divorce of the parties; (c) mutual agreement of the parties; or, (d) by court order. b. In addition to the aforesaid covenants of monetary support, Husband agrees to maintain in force and payable Blue Cross, Blue Shield, or,comparable medical health insurance for the aforesaid minor child .and wife, said coverage for the wife shall terminate upon the happening of the following events: (a) Husband or Wife's death;. (b) divorce of the parties; (c) mutual agreement of the parties; or, (d) by court order.' 7. Husband and Wife agree that the jointly owned property at 2413 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, which has already in fact, been listed and agreed to be sold to third parties, will be sold and the proceeds available over and above all liens, encumbrances and settlement costs, will be divided equally between the parties hereto. 8. The household furnishings presently at 2413 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, shall. be the.property of the Wife with the exception of the selected personal property which will go to Husband. The personal property which shall go to the Husband is as follows: (a) living room furniture (b) bedroom furniture of husband, owned by husband prior to the marriage 3 / Y (c) entertainment center (d) one-half of the kitchen utensils, pots and pans, etc. It is specifically agreed that the washer and dryer shall be retained by Wife on the Wife's covenant that she shall assume any and all payments for the purchase of same from the date of this agreement. 9. Husband agrees to maintain in force the insurance policies listed below of which the Wife and minor child are beneficiaries and to pay the premiums thereon. This provision shall continue in effect as long as Wife is living and remains married to Husband. In the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shal.1 be solely the minor child. The policies are: (a) Whole life insurance policy with State Farm Mutual Insurance Company, the face amount being $20,000. (b) Whole life insurance policy with Lutheran Brotherhood Insurance Company, the fact amount being $5,000. 10. It is agreed that the United States savings bonds presently in the name of the Husband and minor child shall be transferred to the name of the minor child and shall be delivered to the possession of Wife. ll. The Husband, in consideration of the execution of this agreement, accepts the terms of this agreement in full and complete settlement and release of all claims and demands of every kind or nature against the Wife, including all liability now or at any time hereafter existing or accruing, either on account of courtesy or rights in lieu thereof, incident to the marriage relationship, intending thereby to relieve the Wife entirely from all personal claims and demands, and from any that may hereafter attach, arising 4 1I in any manner from the relationship of Husband and Wife and from all claim or interest whatsoever in any property, real, personal or mixed, which the said Wife may now own or may at any time hereafter hold or acquire any interest whatsoever in, either by devise, bequest, purchase or otherwise; it being understood that this settlement is a total and complete release of the said Wife by the Husband of all matters and charges whatsoever and that the said Husband shall after this settlement, require nothing whatsoever of the said Wife as though the marriage relation had never existed between them. 12. The Wife, in consideration of the execution of this agreement, accepts the terms of this agreement in full and complete settlement and release of all claims and demands of every kind or nature against the Husband, including all liability now or at any time hereafter existing or accruing, either on account of courtesy or rights in lieu thereof, incident to the marriage rela- tionship, intending thereby to relieve the Husband entirely from all personal claims and demands, and from any that may hereafter attach, arising in any manner from the relation of Husband and Wife and from all claim or interest whatsoever in any property, real, personal or mixed, which the said Husband may now own or may at any time hereafter hold or acquire any interest whatsoever in, either by devise, bequeath, purchase or otherwise; it being understood that this settlement is a total and complete release of the said Husband by the Wife of all matters and charges whatsoever and that the .said Wife shall after this settlement require nothing whatsoever of the said Husband as though the marriage relation had never existed between them. 13. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless 5 Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 14. Husband represents and warrants to Wife. that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 15. Subject to the provisions of this agreement, each party has released and discharged, by this agreement does for himself or herself, and his or her heirs, legal representatives, of and from all. causes of action, claims, rights or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 16. Except as herein provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property of the estate of the other as a result of the marital relationship, including without limitation, dower, curtest', statutory allowance, widow's allowance, right to take an intestacy rights to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual wiaver and relinquishment of all such interest, rights and claims. 17. Nothing contained herein shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending 6 any such suit. In the event any such actions are instituted or concluded, the parties shall be bound by all the terms of this agreement. The parties hereto agree that if either obtains a decree in divorce within six months of the date of this agreement, they shall provide, at no cost to the other party, a copy of said decree. 18. Subject to the provisions of this agreement each party hereto has released and discharged, by this agreement, does for himself, herself, and his or her heirs, legal representatives, .executors, administrators and assigns, release and discharge the other from any and all causes of actions, claims, rights or demands whatsoever in law or equity, which each of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or for breach of the within agreement. 19. The-provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 20. This agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 21. Modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Witness Witness EXHIBIT C BThrivent Financial for Lutherans, 4321 N. Ballard Road, Appleton, wI 54919-0001 Phone: 800-TIiRIVENT (800-847-4836) E-mail: mail@thdvent.com • www,thdvent.com April 9, 2009 Gregory M Kerwin Kerwin &Y Kerwin 4245 Route 20.9 Efizabethville PA 17023 Attorney Kerwin: Securities offered through Thrivent Investment Management Inc., 625 Fourth Ave. 5., Minneapolis, MN 55415-1665, a wholly owned subsidiary of Thrivent Financial for Lutherans. Member FINRA. Member S[PC. Subject: CIF No: 506525829 Thank you for your letter. Horace M Crum. held Life Contract 57404?.., This contract was, surrendered by Mr.. Crum in May of '1978. Please let us knave if you have:any additional questions: You:.may:reach us at 800-847-4836:.: Sincerely, 6e6t' J va_', aAvv"- Lori A. Van Alem, ALHC, ACS Advanced Claims Examiner; Death Claims Claim Operations, Member Interactions lac Horace::M Crum, de6easea;5.06525829; EXHIBIT D State Farm Insurance Companies April 9, 2009 IIItIIIIIIIIIIIIIIIIIrIIIIIIIIII Attorney Gregory M Kerwin, 4245 Route 209 Elizabethville, PA 17023 Re:, Policy(ies): Insured: Dear Mr Kerwin: 0214-5095 Horace M Crum., . Jr Please extend our sincere sympatby'to:ihe`family:for their loss. The policy was cash surrendered in July, 1983:. 09 5TF?T?k ?F..?A1 M INS?RA MC?F From the information received, it appears Horace's death occuriecl on October t, 2.008.: Since the policy was not in force on the .date of death, we are unable. to provide any benefits. Please write or call us ifyou have additional questions regarding this matter:. Sincerely, Marilyn Wiechmann Customer Service Assistant Life:Claims. State Farm Life Insurance Companies 2702 Ireland Grove Road Bloomington, IL 61709-0004 30M22-6207 State Farm Lire Insurance Company (Not licensed in NevrYOrk or'Wisconsin) State.'aim Life and Accident Assurance Company (Licensed in New York and Wisconsin) EXHIBIT E NETWORK DEPOSITION SERVICES Transcript of Brian Crum io 1 A. Yes. 2 Q. You signed this document on or about 3 July 27th, 2009, correct? 4 A. Yes. 5 Q. I'm going to direct your attention to 6 paragraph 10 on page 2 of Defendant's Exhibit 2. 7 Take for a moment to read that paragraph, please. 8 Do you recall this paragraph when you signed that 9 Verificati on? 10 A. Yes. 11 Q. So you would have read the Separation 12 Agreement previously that we marked as Defendant's 13 Exhibit 1? 14 A. No. 15 Q. You had not read that document prior? 16 A. No. 17 Q. But yet you executed this Complaint? 18 A. Yes. 19 MR. SHEAFFER: He executed the 20 Verificati on of the Complaint. 21 MR. YAHN: He executed the Verification 22 of the Complaint. 23 BY MR. YAH N: 24 Q. You signed this document footing to set 25 forth your claim based upon that Separation .: Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 v ¦ NETWORK DEPOSITION SERVICES Transcript of Brian Crum 11 1 Agreement, correct? 2 MR. YARN: Excuse me, I'm going to 3 direct the w itnes s to not look to you for an answer, 4 Dennis. The witn ess is going to direct -- 5 MR. SHEAFFER: He can ask me a question 6 if he wants. 7 MR. YAHN: Not during the course of the 8 deposition. 9 MR. SHEAFFER: Certainly he can. 10 MR. YAHN: The question has been 11 presented to him. 12 MR. SHEAFFER: It doesn't matter. 13 If he wants to ta lk to me, he can talk to me. 14 MR. YAHN: I would object if he's going 15 to engage in conv ersations during the course of 16 questioning. 17 MR. SHEAFFER: We are not going to do 18 it here, we will step outside. Can you answer the 19 question? 20 THE WITNESS: Listen, the only document 21 that I've se en is this document here and you're 22 referring to para graph 10. I've read this document 23 here that yo u're referring to. This other document 24 I've never s een. 25 BY MR. YAHN: Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of Brian Crum 12 1 Q. You've never seen it prior to today? 2 A. Never seen it prior to today. 3 Q. You understand that your Complaint is 4 premised upon from that Separation Agreement? 5 A. I understand that the premise of the 6 Complaint is that there was two life insurance 7 policies, that is the understanding that I got. 8 Q. I just want to clarify for the record 9 you're 39; is that correct? 10 A. That is correct. 11 Q. And when did you turn 18? 12 A. When I turned 18. 13 Q. But you don't know the exact date? 14 What was your date of birth? 15 A. '72. 16 Q.. So it is fair to say at or about 1990 17 you would have turn 18? 18 A. If you want to do the math, sure. 19 Q. I direct your attention then to 20 paragraph 11, please. Take a moment to read that 21 paragraph. Do you recall verifying that paragraph 22 pursuant t o your verification? 23 A. My signature is on this document? 24 Q. Okay. So you read this paragraph? 25 A. I did. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing, Defendant's Motion for Summary Judgment, upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this day of June, 2011. SERVED UPON: Dennis R. Sheaffer, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY, LLP i, ??b By: NEIL /W. Y, Attorney ID IN, ESQUIRE o.82278 9 BRIAN M. CRUM, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY , PENNSYLVANIA V. NO. 09-5736 c7 CIVIL ACTION - LAW HORACE M. CRUM, Sr., S r, EXECUTOR of The Estate of Horace M. Crum, Jr., JURY TRIAL DEMANDED > -- . . c -mac, Defendant, -Cj . C, ..? 't PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that the Plaintiff's claim was limited to $25,000.00. To the contrary, the claim was for $25,000.00, plus interest that has accrued on the life insurance policies in question. Strict proof thereof is demanded. 7. Admitted in part and denied in part. It is admitted that on or about August 19, 2009, Plaintiff filed a civil Complaint in the Court of Common Pleas of Cumberland County. It is further admitted that a true and correct copy of the Separate Agreement is attached as Exhibit "B". The remaining allegations in Paragraph 7 are denied as legal argument and/or conclusions of law. By way of further denial, said Complaint speaks for itself. Strict proof thereof is demanded. 8. Admitted in part and denied in part. It is admitted that Paragraph 8 accurately recites, with emphasis added by the Defendant, part of paragraph 9 of the Separation Agreement. It is denied that the quote fully sets forth what is contained in paragraph 9 of the Separation Agreement. It is further denied that any emphasis needs to be added to paragraph 9, as no such emphasis was contained in the original document. Strict proof thereof is demanded. 9. Denied. It is specifically denied as legal argument and/or a conclusion of law that the Decedent was to retain the policies, designating the Plaintiff as beneficiary thereof only until the Plaintiff reached the age of majority, or May 26, 1990. To the contrary, the policies referred to in the Separation Agreement were marital property and the value of those policies were distributed initially to Judith Crum as part of the marital property distribution set forth in the Separation Agreement. The policies were marital property distributed to Judith Crum and then designated for Plaintiffs benefit upon the divorce of the Decedent and Judith Crum. Paragraph 9 of the Separation Agreement does not indicate that the Decedent was to "retain" the policies. Rather, the Decedent was to "maintain" the policies in full force and effect without any termination date. Paragraph 9 of the Separation Agreement does not contain any language that sets a termination date for this obligation. The Decedent was to "maintain the force of the insurance policies and pay the premiums thereon," for the benefit of the Plaintiff until Decedent's death. If that obligation was to terminate upon Plaintiff reaching the age of majority, then termination language would have been contained in Paragraph 9 as it is in other paragraphs of the Separation Agreement, ie., paragraphs 4, 5 and 6 of the Separation Agreement. Absence any such language terminating this obligation, the Decedent was obligated to maintain those policies in full force and effect until his death. Strict proof thereof is demanded. (See Affidavit of Judith A. Uber, f/k/a Judith A. Crum, attached hereto as Exhibit "A" and incorporated herein). 10. Admitted. Decedent never named the Plaintiff as the beneficiary of the Lutheran Brotherhood policy (now Thrivent Financial for Lutherans) in direct breach of the requirements of paragraph 9 of the Separation Agreement. (See a true and correct copy of Thrivent Financial for Lutherans file, including beneficiary designations, attached hereto as Exhibit "B" and incorporated herein). 2 11. Admitted. Decedent never named the Plaintiff as the beneficiary of the State Farm policy in direct breach of the requirements of paragraph 9 of the Separation Agreement. 12. Admitted. 13. No response required. 14. through 16. The allegations in Paragraphs 14, 15, and 16 are legal arguments and/or conclusions of law to which no response is required. To the extent that response is required, Pa.R.C.P. 1035.2 speaks for itself and the standard for granting motion for a summary judgment is well established through the appropriate law of the Commonwealth of Pennsylvania. Strict proof thereof is required. 17. Admitted in part and denied in part. It is admitted that there is no genuine issue of any material fact as to a necessary element of Plaintiffs claim. It is specifically denied that there is no genuine issue of material fact for the reasons set forth by the Defendant, but rather there is no genuine issue of material fact for the reasons outlined by the Plaintiff in this Answer. By way of further denial, it is specifically denied that the Plaintiff has failed to establish a cause of action against Decedent for the breach in the Separation Agreement. To the contrary, it is undisputed that the Decedent breached the Separation Agreement as set forth in this Answer to Defendant's Motion for Summary Judgment. Strict proof thereof is required. (See Exhibit "A" attached hereto and Exhibit "B" attached to Defendant's Motion for Summary Judgment). 18. through 20. The allegations in Paragraphs 18, 19, and 20 are legal arguments and/or conclusions of law to which no response is required. To the extent that a response is required, the allegations are denied to the extent that they misstate the law of the Commonwealth of Pennsylvania. Strict proof thereof is required. 21. Admitted in part and denied in part. It is admitted that the language quoted is part of paragraph 9 of the Separation Agreement. It is specifically denied that the quoted language is the entire paragraph 9 of the Separation Agreement. Further, in trying to quote part of paragraph 9, Defendant is taking the language out of context and misconstruing the meaning of the words 3 being used. It is further specifically denied that "minor child" was emphasized in paragraph 9 of the Separation Agreement or that "minor child" was defined in the Separation Agreement, other than to be used as another way of referring to the Plaintiff, Brian Marshall Crum. (See paragraph 4 of the Separation Agreement). Strict proof thereof is required. (See Exhibit "A" attached hereto and Exhibit "B" attached to Defendant's Motion for Summary Judgment). 22. Denied. The allegations set forth in Paragraph 22 are denied as legal argument and/or conclusions of law to which no response is required. To the extent a response is required, then the allegations are denied. Strict proof thereof is required. 23. Denied. The allegations set forth in Paragraph 23 are denied as legal argument and/or conclusions of law to which no response is required. By way of further denial, the Pennsylvania Domestic Relations Code's definitions speak for themselves. Additionally, the term "minor child" would be redundant if one accepts the Defendant's argument. Strict proof thereof is required. 24. Denied. The allegations set forth in Paragraph 24 are denied as legal argument and/or conclusions of law to which no response is required. To the extent a response is required, then the allegations are denied. Strict proof thereof is required. 25. Admitted in part and denied in part. It is admitted that the language which is quoted is part of the recitals of the Separation Agreement. It is specifically denied that the quoted language contains all of the recitals of the Separation Agreement. Further, in trying to quote part of recitals, Defendant is taking the language out of context and is attempting to misconstrue the meaning of the words being used. The recital which is quoted in part by the Defendant speaks only to the "support and maintenance of the Wife and child". The recitals indicate that the Separation Agreement covered several issues, including "property rights.... and all other rights between the parties growing out of the marriage relationship". One of the covered issues was the "support and maintenance of the Wife and child." The provisions contained in the Separation Agreement with regard to the "support and maintenance of the Wife and child" was to be 4 "considered in the context" of the parties' financial "present financial situation" as well as the "age of the child". Paragraph 9 of the Separation Agreement does not deal with "support or maintenance of the Wife and child." Paragraph 9 of the Separation Agreement deals with allocation of marital assets, ie., the insurance policies. The Defendant references paragraph 4 of the Separation Agreement in footnote No. 1. Paragraph No. 4 of the Separation Agreement deals specifically with support and maintenance for the Plaintiff. It must be further noted that paragraph 4 of the Separation Agreement specifically notes that the "minor child" is "Brian Marshall Crum". Paragraph 4 of the Separation Agreement clearly establishes that "minor child" is a term that is interchangeable with Brian Marshall Crum. Again, in paragraph 4 of the Separation Agreement there is no definition of "minor child" other than to refer to Brian Marshall Crum. Of particular significance is that in paragraph 4 of the Separation Agreement, there are conditions upon which there is a termination of the support obligation outlined in paragraph 4. The five conditions which terminate the support obligation are set forth in paragraph 4 of the Separation Agreement. There are no such conditions for termination of the insurance policies maintenance obligations set forth in paragraph 9 of the Separation Agreement. Strict proof thereof is required. (See Exhibit "A" attached hereto and Exhibit "B" attached to Defendant's Motion for Summary Judgment). 26. Admitted in part and denied in part. It is admitted that Plaintiff was not one of the original parties to the Separation Agreement, although he is an intended third party beneficiary as indicated by the clear language at the Separation Agreement. It is further admitted that the Plaintiff had never read the Separation Agreement prior to the day of his deposition. Plaintiff's allegations in his Complaint are based upon information that was provided to him and his counsel by his mother, Judith Crum. Judith Crum was a party to the Separation Agreement and knows the intent of parties to the Separation Agreement. The remaining allegations of Paragraph 26 are denied as legal argument and/or as conclusions of law to which no response is required. Strict proof thereof is required. (See Exhibit "A" attached hereto and Exhibit "B" attached to Defendant's Motion for Summary Judgment). 5 27. Denied. The allegations set forth in Paragraph 27 are denied as legal argument and/or conclusions of law to which no response is required. Further, said allegations are denied as they clearly misstate the plain language of the Separation Agreement. Contrary to Defendant's argument, "minor child" as referenced in paragraph 9 of the Separation Agreement is just another way of referencing Brian Marshall Crum. Additionally, it is specifically denied that the maintenance of the policies was a means of providing "support to the child after the divorce." That is a direct contradiction to the clear language and intent of the Separation Agreement. The support for the Plaintiff was addressed in paragraph 4 of the Separation Agreement. Paragraph 5 of the Separation Agreement dealt with the support for the Wife. Paragraph 6 of the Separation Agreement dealt with additional health coverage which was in addition to monetary support for the wife and child. Paragraphs 7, 8, 9, and 10 of the Separation Agreement all dealt with property settlement issues between the parties. When the Separation Agreement is read as a whole, it is clear that the support issues were dealt with first and the property settlement issues were dealt with second. Paragraph 9 of the Separation Agreement is in the provisions that deal with distribution of marital property. No where in paragraph 9 does of the Separation Agreement it indicate that the insurance policies in question were for support of the wife or the child or were they in addition to the monetary support previously set forth. Consequently, it is clear that paragraph 9 of the Separation Agreement dealt with the distribution of a martial assets. Each of the policies referred to in paragraph 9 of the Separation Agreement had monetary (cash) value which was being distributed to the Wife and then to the son upon the parties' divorce. Separate consideration was given by Judith Crum to the Decedent for these assets. These were assets that were distributed to Judith Crum and then by her to her son, Brian Marshall Crum, for the valuable consideration given to the Decedent at the time of the distribution of all of the marital property when the parties signed the Separation Agreement. The Decedent's obligation did not terminate upon the Plaintiff turning the age of 18. If that were a condition, it would have so stated in paragraph 9 or some other part of the Separation Agreement. The absence of such a condition which permits the termination of 6 Decedent's obligation to maintain the two insurance policies means that the obligation was ongoing through the time of the Decedent's death. Strict proof thereof is demanded. (See Exhibit "A" attached hereto and Exhibit "B" attached to Defendant's Motion for Summary Judgment). 28. Admitted in part and denied in part. It is admitted that the Decedent did not die before the Plaintiff reached the age of majority on May 26, 1990. It is specifically denied that Defendant's obligation under paragraph 9 of the Separation Agreement ceased when the Plaintiff turned 18 years old. To the contrary, Decedent's obligation continued through the date of his death as there was no language terminating the obligation contained in paragraph 9 anywhere in the Separation Agreement. Further, the term "minor child" as used in the Separation Agreement was another way of identifying or referring to Brian Marshall Crum. Strict proof thereof is required. (See Exhibit "A" attached hereto and Exhibit "B" attached to Defendant's Motion for Summary Judgment). 29. Denied. It is specifically denied that no provision in the Separation Agreement required Decedent to maintain the policies in perpetuity. To the contrary, paragraph 9 of the Separation Agreement imposes just that requirement. In order for the obligation to have terminated, there needs to be termination language contained in the Separation Agreement, in particular paragraph 9, otherwise that obligation continued in perpetuity. Consistent with the other paragraphs in the Separation Agreement where an obligation was to terminate, there were conditions itemized and there was termination language. In particular, paragraphs 4, 5, and 6 of the Separation Agreement all contain such provisions. That being the case, it is clear that the parties intended those obligations in paragraph 4, 5, and 6 to terminate upon the occurrence of certain events. Contrary to Defendant's argument, termination language was not included in the Property Agreement for the obligation set forth in paragraph 9 of the Separation Agreement. Strict proof thereof is required. (See Exhibit "A" attached hereto and Exhibit "B" attached to Defendant's Motion for Summary Judgment). 7 30. Admitted in part and denied in part. It is admitted that the Decedent surrendered both policies prior to the Plaintiff reaching the age of 18. It is specifically denied that said actions are irrelevant. This is further evidence that the Decedent was in breach of the Separation Agreement and is further evidence that the Defendant's interpretation of the Separation Agreement is contrary to the intent of the parties. It is clear that the Decedent had no intention of following any of the requirements of the Separation Agreement with regard to the insurance policies. Further, Decedent never named the Plaintiff as the beneficiary on either of the two insurance policies as required by the Separation Agreement. Strict proof thereof is required. (See Exhibit "A" and Exhibit "B" attached and see Exhibits "B", "C" and "D" attached to Defendant's Motion for Summary Judgment). 31. Denied. It is specifically denied that the plain language of the Separation Agreement did not require the Decedent to maintain the policies for the benefit of the Plaintiff through his date of death on October 1, 2008. The exact opposite is true. The plain language of the Separation Agreement clearly required the Decedent to maintain the policies in full force and effect for the benefit of the Plaintiff through the Decedent's date of death, October 1, 2008. Strict proof thereof is required. (See Exhibit "A" attached hereto and Exhibit "B" attached to Defendant's Motion for Summary Judgment). WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Defendant's Motion for Summary Judgment for the reason stated above. TUCKER ARENSBERG, P.C. July 13, 2011 H13GD13:120699-1 024853-139554 By: Dennis A. Shea er Attorney I. D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Attorney for Plaintiff 8 VERIFICATION I, the undersigned, BRIAN M. CRUM, hereby certify that I am the PLAINTIFF in the foregoing action, and that the statements made in the PlaintifFs Answer to Defendant's Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. DATE: July 13 , 2011 , an M. Crum BRIAN M. CRUM, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5736 CIVIL ACTION - LAW HORACE M. CRUM, Sr., EXECUTOR of The Estate of Horace M. Crum, Jr., JURY TRIAL DEMANDED Defendant, COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AFFIDAVIT OF JUDITH A. UBER 1. I, Judith A. Uber, was previously married to Horace M. Crum, Jr., (hereinafter "Decedent") from March 11, 1972 until December 8, 1976. 2. 1 was formerly known as Judith A. Crum. 3. The Decedent and I had one child as a result of our marriage. His name is Brian M. Crum and he was born on March 26, 1972. 4. The Decedent and I were divorced on March 8, 1976, but we entered into a Separation Agreement on December 11, 1975. 6. The Separation Agreement between myself and the Decedent dealt with support issues for myself and our son as well as marital property distribution issues. The Separation Agreement dealt with all the rights between myself and the Decedent as a result of my marriage. The Separation Agreement was drafted by Decedent's counsel. 7. As part of the marital property distribution set forth in the Separation Agreement, I was to receive as part of my distribution of marital assets, the value of the two whole life insurance policies, one with State Farm Insurance Company and the other with Lutheran Brotherhood Insurance Company (total face value of $25,000.00), as set forth in paragraph 9 of the Separation Agreement. 8. Valuable consideration, in the form of other marital assets, was given to the Decedent in exchange for my being given the aforesaid two whole life insurance policies. 9. The two whole life insurance policies identified in paragraph 9 of the Separation Agreement were given to me by my being named as the Beneficiary and Decedent being required to maintain those policies in full force and effect in perpetuity. Upon my divorce from Decedent, the insurance policies were distributed to our son, Brian M. Crum, by requiring that he be named Beneficiary of the policies and that those policies be maintained in full force and effect, without limitation as to time. Decedent was in agreement with his obligation as we intended to make our son the beneficiary of these assets as part of the Separation Agreement. 10. The term "minor child" as used in the Separation Agreement was intended by the parties only to be a reference to our son, Brian Marshall Crum. The use of the term "minor child" was not intended to limit any of the terms of the Separation Agreement applicable to our son. 11. The obligations of the Defendant set forth in paragraph 9 of the Separation Agreement were not intended to be additional support or maintenance for myself or our son, Brian M. Crum. 12. The obligations set forth in paragraph 9 of the Separation Agreement were intended by the parties to be a distribution of marital assets to me and then for our son's benefit. 13. It was the intent of the parties that the obligations set forth in paragraph 9 of the Separation Agreement were not to terminate upon occurrence of any event, in particular our son reaching the age of 18, as evidenced by the fact that there were no 2 particular conditions or events set forth in paragraph 9 of the Separation Agreement that would terminate the Decedent's obligations under paragraph 9. This is consistent with paragraphs 4, 5, and 6 of the Separation Agreement where the Decedent's obligation contained in each of those paragraphs terminated upon the happening of certain events and those events were listed in each paragraph. Judit . Uber SUBSCRIBED AND SWORN TO before me, this /i0 ?day of July, 2011. Notary Public saPWN;o uopeloossV aluenll?suusd'AqweW ZlZ!'tLU?m -J;;ix3uol9tlwwo0IW ArM03 uNdne(I '6m etuem to Am HBGDB:120754-1 024853-139554 ollgnd Aj" 'JUo)l,v ue811M0 I0fS 194MON IMNVAIASNN3d -AO Hl'1V3N 40MOD 3 BRIAN M. CRUM IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 - 5736 CIVIL TERM HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., CIVIL ACTION - LAW Defendant, JURY TRIAL DEMANDED TO: TRIVENT FINANCIAL FOR LUTHERAN'S, Formerly Lutheran Brotherhood Insurance You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Je'rlr) ? L jOr),im--r certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on I k-m'pe-r 4 , 2009 have been produced. Date: 1()-Z9-09 ? c.vS Per o served with subpoena +b 109424 ?Thrivent Financial for Lutherans- Securities offered through Thrivent Investment Management Inc., 625 Fourth Ave. S., Minneapolis, MN 55415-1665, 4321 N. Ballard Road, Appleton, WI 54919-0001 a wholly owned subsidiary of Thrivent Financial for Lutherans. Phone: 800-THRIVENT (800-847-4836) Member FINRA. Member SIPC. E-mail: mail@thrivent.com • www.thrivent.com October 29, 2009 Dennis R. Sheaffer, Esq. Tucker Arensberg. P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 RE: Horace M. Crum Dear Attorney Sheaffer: Pursuant to subpoena, enclosed please find documents pertaining to contracts held in the name of Horace M. Crum, Jr.: LB Life Insurance contract #0574046 held in the name of Horace M. Crum, Jr. was issued September 4, 1959 and surrendered in 1978. Due to HIPAA regulations, medical records have not been included. Should you require medical records, please obtain a medical release authorization from Horace M. Crum, Jr. and send it to my attention. Also enclosed is an invoice for our services. Please contact me with any questions. Sincerely, nifer L. Sommers Senior Administrative Assistant Human Resources & Litigation Office of the General Counsel (920) 628-2847 (920) 628-3711 (Fax) Encl. OCT Z P200S futheran JSrotherhood Legal Reserve Fraternal Benefit Society MINNEAPOLIS, MINNESOTA Insured HORANCE M CRUM iR Contract Number 0574046 Date of Issue 09 04 59 Age at Issue 09 Annual Premium $7.50 prior to contract anniversary nearest age 18 Thereafter to age 85: Annual $79.05 Semi-annual $41.11 Quarterly $20.95 Monthly $7.11 Sum Insured $625 to Age Six Months, then $2500 to Contract Anniversary nearest 18th birthday of Insured and $5000 thereafter. SF9 Lsregcl?ry Cha?me3 Beneficiary For Beneficiary see attached photo. Maturity Date September 4, 2035 The Society accepts the Insured as a member, and agrees to pay the Sum Insured, less any indebtedness, to the Insured upon surrender of this contract on the Maturity Date provided the Insured is then living and this contract is in force. Upon receipt of proof of the death of the Insured prior to the Maturity Date while this contract is in force, the Society agrees to pay the death benefit provided herein to the Beneficiary with the right reserved on the part of the Insured to change the beneficiary. This contract is subject to and includes the provisions recited on the following pages and endorsed thereon and shall continue to the Maturity Date, unless terminated earlier in accordance with its provi- sions, and is made in consideration of the application and declaration of insurability signed by the ap- plicant, copy of which is attached to and made a part of this contract, and of the payment of premiums as they become due at the rates and for the period prescribed. IN WITNESS WHEREOF LUTHERAN BROTHERHOOD has caused this contract to be signed by its President and Secretary. LPN g"CH D ?utheren brotherhood .fi 8 '? v President 3 3 ?;` Q 2 !o 2 °E ° . ? Secretary 9?°OLIS. M?? - • Registrar Juvenile Term to Age 18-Automatically Converting to Endowment at 85 at Age 18. Including Waiver of Premium Benefit after Age 15 and to Age 60 Premiums Payable to Maturity Date-Participating Settlement Provisions Death Benefit. The benefit payable -at the death of the Insured shall be the sum insured, increased by any - dividend accumulations, paid up additions, and the current amount of the premium deposit reserve, less any indebtedness. Payment of Benefits. Any benefit payable upon maturity or surrender for cash shall be paid to the Insured upon surrender of this contract. Any benefit payable at the death of the Insured shall be paid by the Society on receipt of due proof of the death of the Insured, and of the right of the claimant to receive payment, and the surrender of this contract. The rights and obligations of the Insured under this contract or other evidence thereof and of any person rightfully claiming thereunder shall be governed by the laws of the state, district, or province having jurisdiction. One Sum Settlement. Any benefit payable shall be paid in one sum unless otherwise elected as provided by this contract. Optional Settlements. The Insured, by written notice to the Society, may elect to have any benefit under this contract, in whole or in part, made payable under one or more of the following options, except that upon surrender of this contract by the Insured, that part of the cash surrender value represented by the premium deposit reserve shall not be included under any Settlement Option but shall be paid to the Insured in one sum. The Insured may change such election at any time before any benefit becomes payable. If no option is elected by the Insured, the beneficiary may make such election, in the same manner, after the death of the Insured. The Society will issue a supplementary contract providing for payment under the option elected at the time the benefits become due, upon application for such benefits and surrender of this contract. If this contract is assigned or if the beneficiary is not a natural person taking in his own right, optional settlements shall not be available without the consent of the Society. Any remaining install- ments payable after the death of the payee under a supplementary contract to a survivor beneficiary which is not a natural person taking in his own right, shall be commuted at two and one-half per cent interest and paid in one sum. If the net proceeds of all insurance with the Society payable in like manner to the same beneficiary is less than $1,000, payment shall be made in one sum. No payment of a periodic install- ment or of interest shall be less than $10.00. Any change of beneficiary shall cancel any prior settlement option which may have been elected. Option 1. Interest Income. The benefit may be left with the Society at interest at the rate of two and one-half per cent per annum until the death of the payee, interest to be payable annually, semi-annually, quarterly, or monthly on the amount retained, the first interest payment to be made at the end of the first period elected. The payee shall have the right to withdraw the whole or any part of the benefit under this option on any anniversary of the date of issue of the supplementary contract. At the death of the payee any part of the benefit remaining with the Society shall be paid in one sum to the beneficiary named to receive said payment, if any, otherwise to the executors or administrators of the payee. Option 2. Installment Payments of a Fixed Amount. The benefit may be left with the Society at interest at the rate of two and one-half per cent per annum to be payable to the payee in equal installments of a fixed amount, first installment immediate, the payments to continue until the fund is exhausted, the final payment not to exceed the unpaid balance. Option 3. Installment Payments for a Fixed Period. The Society will pay the benefit to the payee in equal install- ments for a fixed number of years, first installment immediate, according to Table II following. Option 4. Life Annuity with Period Certain. The Society, subject to satisfactory proof of age, will pay the benefit in equal installments, first installment immediate, during the lifetime of the payee beginning on the date of the supplementary contract, and as may be a eed u on, to continue (a) until such installments have been paid for not less than ten years certain r ty until the sum of such installments paid equals the amount of the benefit at th p ftry contract, according to Table III following. Option 5. Other Methods of Settlement. The benefit may be paid in any other manner that may be mutually agreed upon by the Society and the Insured or the beneficiary entitled to elect a settlement option. Non-Assignable Benefits. Except as herein provided, no unpaid installments or interest payable hereunder may be commuted, assigned, or transferred, and to the extent permitted by law shall not be subject to legal process. To Whom Payable. Unless otherwise provided herein, or otherwise designated by the Insured, the interest of any deceased beneficiary shall pass to the surviving beneficiary upon receipt at the Home Office of the Society of satisfactory proof of death and, if at the death of the Insured there be no surviving bene- Page 2 ficiary, or at the death of the last surviving beneficiary after the death of the Insured, the benefit shall be payable in one sum to the executors or administrators of the Insured or of the last surviving beneficiary, as the case may be. Unless otherwise provided by the Insured, the payee under a supplementary contract may name a survivor beneficiary. Any benefit payable to other than the payee on the date of the supple- mentary contract is limited to the guaranteed installments then remaining unpaid. Any benefit payable to a minor or incompetent person shall be paid to a guardian or other legal representative. General Provisions Premium Payments. The issue and delivery to the Insured of this contract is notice that the annual premium is due and payable on the date of issue and, without further notice, in advance on each anniversary of this contract for the period prescribed on the first page hereof. The Insured may pay premiums annually, semi-annually, quarterly, or monthly in amounts as shown on the first page of this contract, except that no premium of less than $5.00 will be accepted, provided that any change in mode of payment shall require written notice to the Society before the end of the grace period. When the premium deposit reserve is equal to the present value of the remaining premiums due, no further premium payments will be ac- cepted. Grace. A grace period of thirty-one days will be allowed for the payment without interest of every pre- mium after the first, during which period the insurance shall continue in force. If the Insured should die during the grace period, any past due premium shall be deducted from the benefit payable. Premium Deposit Reserve. The Insured may pay into a premium deposit reserve amounts to be accumulated with interest at the reserve rate and applied without direction by the Insured to any payments becoming due and not paid within the grace period. The current amount of the premium deposit reserve shall increase the amount of the benefit payable at death and the cash or loan values. No payment into the premium deposit reserve will be accepted which will increase the deposit to an amount in excess of the sum of ten annual premiums, nor in excess of the present value of the remaining premiums due under this contract. Automatic Premium Loan Privilege. If elected by the Insured in the application, or in writing at any subsequent date, any premiums and interest payments thereafter falling due and not paid in cash within the grace period shall be charged from the due date, without direction by the Insured, as loans on the same condi- tions as other loans. Change of Beneficiary. The Insured has the right to change the beneficiary under this contract at any time in conformity with the laws of the state, district, or province having jurisdiction, by giving written notice of such change to the Home Office of the Society. Such change shall become effective as of the date of the written notice, provided such written notice is received by the Society, and receipt acknowledged to the Insured. Participation in Surplus. This contract will participate annually in the distribution of dividends from surplus as determined by the Society. At the option df the Insured current dividends will be (1) paid in cash, or (2) applied to reduce premiums, or (3) used to purchase participating paid-up additions to the sum insured, or (4) held to accumulate with interest, subject to withdrawal on any anniversary of the date of issue, and any amount not so withdrawn shall be a part of the benefit payable on death or maturity of the contract. If no election is made, the dividends will be applied under option (2) or, if the full premium has been paid, tinder option (4). The reserve upon dividend additions shall increase the cash or loan values. When the automatic premium loan provision has been elected and any payment cannot be charged against this contract, any accumulated dividends shall be applied to the payment due. Interest. Amounts held for the Insured or beneficiary shall be credited on each anniversary of the date of issue with interest at the rate currently fixed by the Society. On amounts withdrawn at the option of the Insured or beneficiary, interest shall be paid only to the last anniversary of the date of issue. Insured May Change to Other Contract. The Insured shall have the right, on written application to the Society and surrender of this contract, to change as of the date of issue or as of any anniversary date, to any other form of contract, except term insurance, issued by the Society at the time of such change, except that where the amount at risk shall be increased, evidence of insurability as a standard risk acceptable to the Society may be required. In a change as of the date of issue to a contract with a higher cash or loan value, the In- sured shall pay the difference of the annual premiums under the original and the new contract, accumulated with interest at the rate of two and one-half per cent per annum for the period from date of issue to date of conversion with the proper adjustment for the difference in dividends, but such payment shall be not less than the difference in cash values. In a change to a contract with a lower cash or loan value the differ- ence in cash or loan values less any indebtedness shall be refunded to the Insured. Form 605 Page 3 Loans. The Insured shall have the right to cash and other loans on the sole security of this contract to the extent that all indebtedness at the next premium due date shall not exceed the cash or loan value at such date. Indebtedness shall include all loans in cash or loans for premiums or other unpaid amounts, and interest at six per cent per annum on indebtedness, added annually on the anniversary of the date of issue. The whole or any part of the indebtedness may be repaid at any time. The indebtedness shall be deducted in any settlement on this contract and shall proportionately reduce any installment or annuity payments. If, at any time, the indebtedness on this contract with accrued interest, shall equal or exceed the amount then available as a loan hereunder, this contract shall terminate, provided, however, that thirty- one days' notice thereof shall have been mailed by the Society to the last known address of the Insured or of any assignee of record at the Home Office. Reinstatement. This contract, if not surrendered for its cash value, may be reinstated within five years from the date of termination, on written application and upon receipt of evidence of insurability, including good health satisfactory to the Society, and by the payment of all indebtedness-, including overdue premiums, and interest at six per cent per annum on the indebtedness. To the extent permitted for loans such indebted- ness may be continued on the same conditions as other loans. Notice to Insured. Any notice may be given by mailing same to the Insur:?d at the last known postoffice address of record at the Home Office. Currency. All amounts payable, either by or to the Society, shall be mac': at its principal office in the country where this contract was issued for delivery in the lawful currency thereof. Deferment. Except to pay premiums on this contract, the Society at any time in its discretion may require of the Insured or beneficiary not exceeding six months' notice of application for cash loan or surrender or the withdrawal of any amount left by the insured or a beneficiary. Incontestability. After this contract has been in force during the lifetime of the Insured for two years from the date of issue the Society cannot contest the validity of the contract because of misrepresentation of facts material to the risk made by the Insured in the application. Upon reinstatement of this contract, after two years from the date of reinstatement, the Society cannot contest the validity of the reinstated contract be- cause of misrepresentation of facts material to the risk made by the Insured in the application for reinstate- ment. Misrepresentation. If, in the application for this contract, any matter material to the risk shall be misrepre- sented and such material misrepresentation shall contribute to the death of the Insured within two years from the date of issue, the benefit payable upon this contract is limited to the amount of premiums actually paid in cash, less any indebtedness. Suicide. If the Insured, while sane or insane, shall die by suicide within two years from the date of issue, the benefit payable upon this contract is limited to the amount of premiums actually paid in cash, less any indebtedness. Correction of Age. If the age of the Insured has been understated, the benefit payable shall be such as the premiums paid would have purchased at the true age; if overstated, the excess of premiums paid shall be refunded. Control During Minority. It is understood and agreed that all rights under this contract, including adult membership in the Society, shall be in the named Insured after his sixteenth birthday or such later age as required by the law of the state or province having jurisdiction. Before such control by the Insured, all rights under this contract shall be in the applicant if living, otherwise in a surviving beneficiary or, if none sur- viving, in a surviving parent recognized by the Society, or a legally appointed guardian of the Insured. Maintenance of Solvency. The premium rates and benefits under this contract are not subject to change. In the event of the impairment of the solvency of the Society, an apportionment shall be charged against each outstanding contract on the basis of the Insured's equitable share of the deficiency, as determined by the Board of Directors of the Society. If the Insured does not choose to pay any apportionment within sixty davs from date of notice such apportionment shall be charged and carried as a loan with interest at five per cent per annum compounded annually. The Contract. The application for membership and declaration of insurability, a copy of which is hereto at- tached, the provisions and any riders or endorsements contained in this contract, and the articles of incor- poration and by-laws of the Society and all amendments to each thereof now or hereafter in force con- stitute the entire contract. Page State Law. The Insured under contracts issued for delivery in any country, state or other jurisdiction may be required to bear any burden or charge peculiar thereto imposed by or pursuant to law. If any provision of this contract is in conflict with any law of the state, district, or province having jurisdiction, such provi- sion is hereby modified to conform to such law. No Waiver. No person is authorized to waive, alter or amend any part of this contract, other than by an instrument in writing executed by the President and Secretary and Registrar of the Society. Non-Forfeiture Provisions Basis of Computation. Reserves maintained by the Society and all other computations for the life insurance benefits provided by this contract shall be computed on the basis of the Commissioners 1941 Standard Or- dinary Mortality Table and interest at two and one-half per cent per annum, according to the Commis- sioners Reserve Valuation Method on the assumption that death benefits are payable at the end of the con- tract year of death. Cash or loan values as set out in Table I are computed for the first five years after the contract anniversary nearest age 18 by the Standard Non-Forfeiture Value Method using the non-forfeiture factor shovvn in Table I. Cash or loan values for the sixth through the ninth years after the contract anniver- sary nearest age 18 are computed by the same method using the non-forfeiture factor decreased by one-fifth of the difference between such non-forfeiture factor and the modified net annual premium for this contract for each successive year from the sixth through the ninth year. Cash or load values for the tenth and sub- sequent years after the contract anniversary nearest age 18 are equal to the reserve. Cash or loan values produced by this method of computation are not less than the minimum required by law. Non-Forfeiture.The Insured upon written application after the contract anniversary nearest age 18 shall have the right on any anniversary of the date of issue, or on any premium due date and during sixty days thereaft- er, provided the premium then due has not been paid, to elect any one of the following non-forfeiture options: (a) Cash Surrender. Upon surrender of this contract at the Home Office, the Insured shall be entitled to payment of the cash surrender value at such date, determined as follows: 1. If this contract is in force by payment of premiums, the cash surrender value shall be the cash or loan value as determined from Table I, increased by the cash value of any paid-up additions, the amount of any dividend accumulations, and the current amount of the premium deposit reserve, less any indebtedness. 2. If this contract is being continued in force as paid-up or extended insurance, the cash surrender value shall be equal to the reserve, increased by the cash value of any paid-up additions and the amount of any dividend accumulations, less any indebtedness. (b) Paid-Up Insurance. Upon endorsement of this contract at the Home Office, this contract will be continued in force from such date as paid-up insurance payable at the same time and under the same conditions as in this contract, for the amount that the cash or loan value, less any indebtedness, will purchase at the then attained age of the-Insured when applied as a net premium on the reserve basis set out in this contract, increased by the amount of any existing paid-up additions provided that such paid-up insurance shall not include any additional indemnity or disability benefits. Dividends left at interest may be continued under dividend option (4), held to accumulate with interest. (c) Extended Insurance. Upon endorsement of this contract at the Home Office, the Insured shall be entitled to paid-up extended term insurance for an amount equal to the sum insured Pius the amount of any paid-up dividend additions and less any indebtedness on such date. The term of such extended insurance shall be such as the cash or loan value increased by the cash value of any paid-up additions and less any indebted- ness will purchase at the then attained age of the Insured when applied as a net premium on the reserve basis set out in this contract, provided that if the cash value is sufficient to extend the term of extended in- surance beyond the maturity date of this contract any cash value in excess of the amount required to con- tinue the insurance to the maturity date shall be applied to purchase a pure endowment payable to the Insured at the maturity date, if then living. The application of this non-forfeiture option shall terminate any additional benefits provided by this contract and any dividends left at interest shall be paid to the Insured in cash. Automatic Non-Forfciture. Upon default in payment of any premiums, if the Insured has not elected the automatic premium loan provision or any non-forfeiture option, this contract shall automatically be continued under the provisions of the non-forfeiture option (c), Extended Insurance, without endorsement hereon. P- Provisions for Waiver of Premiums in Event of Total and Permanent Disability If due proof is received at the Home Office of the Society while this contract is in full force and effect, that the Insured after the fifteenth and before the sixtieth birthday of the Insured, has become totally _ and permanently disabled, as hereinafter defined, as the result of bodily injury sustained or disease originat- ing after the issuance of this contract, and that such disability has continued uninterruptedly for at least six consecutive months, the Society will waive the payment of the regular premiums becoming due under the contract during the continuance of such disability, beginning with the premium the due date of which next follows the date of commencement of such disability; provided, however, that no premium shall be waived, the due date of which is more than one year prior to the receipt by the Society at its Home Office of written notice of claim hereunder during the lifetime and disability of the Insured. The waiver of any premiums under this contract shall not relieve the Insured from any indebtedness under this contract or from interest thereon. Total and Permanent Disability Defined. Total and permanent disability is defined to mean the complete in- capacity of the Insured resulting from bodily injury or disease' to perform any work; or to engage in any occupation or business for remuneration or profit, and in no event shall the waiver of any premiums of this contract be allowed if during any period for which such waiver is claimed, the Insured has been engaged in any occupation or business for remuneration or profit. Total disability which exists and has been con- tinuous for a period of six consecutive months shall be deemed to be permanent only for the purpose of determining the commencement of liability hereunder. The entire and irrecoverable loss of sight of both eyes, or the severance or total and permanent loss of use of both hands, or both feet, or one hand and one foot, shall be deemed total disability without prejudice to other causes of disability. Proof Required. Although proof of a claim hereunder has been accepted as satisfactory, the Insured may at any time be required to furnish due proof of the continuance of total and permanent disability, including examination of the Insured by a representative of the Society, but such evidence or examination shall not be required more often than once a year after two years from the acceptance of such proof of claim. If the Insured fails to furnish such proof or refuses to submit to such examination, or becomes able to perform any work or engage in any occupation or business for remuneration or profit, the waiver of premiums shall cease unless the disability of the Insured is total as defined in the last sentence of the paragraph entitled "Total and Permanent Disability Defined". The furnishing of blanks for proof of disability or the waiver of any premiums for total and permanent disability, shall be without prejudice to any contention subsequently made by the Society that total and permanent disability, as defined herein, does not or did not exist at any time. Risks Not Assumed. No waiver of premiums will be allowed hereunder for total and permanent disability resulting directly from (a) injuries intentionally self-inflicted; (b) service in the military, naval or air forces of any country or combination of countries at war, declared or undeclared; (c) service, travel or flight in any kind of aircraft or ascent to or descent from such aircraft, except travel or flight as a passenger (either fare paying or on a pass but not as a pilot or crew member) in a licensed passenger aircraft operated by an incorporated and governmentally certificated air carrier on a scheduled civilian passenger air service between established airports; (d) disease originating or injury occurring prior to the date of issue of this contract; (e) disability commencing before the 15th or after the 60th birthday of the Insured; or (f) disa- bility commencing while this contract is in force as extended insurance or reduced paid-up insurance. Notice Required. Written notice and proof of claim must be furnished to the Society while the Insured is living and remains totally and permanently disabled. In the event of default in payment of premium, such notice and proof must also be furnished within thirteen months from the due date of the premium in default. Failure to give notice and proof of claim within the time above provided shall not invalidate or diminish any claim if it shall be shown not to have been reasonably possible to have given notice and that notice and proof of claim were given as soon as was reasonably possible. Insurance Benefits Not Affected. Any premiums waived under this contract on account of total and permanent disability will not reduce any of the benefits of this contract. Dividends, cash and loan values, and all other benefits will be the same as if the premiums waived by this provision had been paid in cash by the Insured. Total and permanent disability benefits under this contract are granted without any specific additional premium, the cost thereof being included in the premium for this contract. Form 605 Page 6 TABLE I Non-forfeiture Values After the Contract Anniversary Nearest Age 18 End of Cash or Paid-Up Extended Insurance Year Loan Value End't. Years Days P. E. 1 0 0 0 0 0 2 0 0 0 0 0 3 13.55 40 1 39 0 4 67.50 190 5 93 0 5 122.50 340 8 345 0 6 195.85 530 13 .49 0 7 269.90 715 16 183 0 8 344.60 900 19 66 0 9 420.00 1,070 21 115 0 10 496.05 1,240 23 9 0 11 556.55 1,365 23 337 0 12 618.10 11485 24 237 0 13 680.70 1,605 25 85 0 14 744.40 1,720 25 254 0 15 809.15 1,835 26 20 0 16 874.90 1,945 26 116 0 17 941.65 2,050 26 184 0 18 1,009.45 2,155 26 227 0 19 1,078.15 2,260 26 248 0 20 1,147.80 2,360 26 250 0 Non-forfeiture factor 64.34610 Home Office Endorsements: • Term to Age 18 • Automatically Converting to Endowment @ 85 vALUES iN TAB3z i are for a $5000 Endowment @ 85 without indebted- ness. Any paid-up dividend additions will increase the values as provided herein. Values for intermediate pe- riods will be determined with due allowance for any lapse of time and for any fractional premiums paid for the contract year then current. Values for periods other than those shown in Table I will be furnished on request. Page 7 ¦ ., OPTION 3-TABLE II r Monthly and Annual Income for Each $1,000 of Benefit for Fixed Periods Number of Years Monthly Instal Annual Number Monthly Annual Number Monthly Annual ment Instalment of Years Instalment Instalment of Years Instalment Instalment 1 2 $84.28 42.66 $506 17 11 12 $8.64 $102.54 21 $5.08 $60.28 3 28.79 . 341.60 13 8.02 7 49 95.11 88 83 22 23 4.90 58.19 4 5 21.86 259.33 14 . 7.03 . 83.45 24 4.74 4.60 56.29 94 45 17.70 210.00 15 6.64 78.80 25 4.46 . 52.95 6 7 14.93 177.12 16 6.30 74.73 26 4.34 51 48 8 12.95 153.65 17 6.00 71.15 27 4.22 . 50 12 9 11.47 136.07 18 5.73 67.97 28 4.12 . 48.87 10 10.32 9 39 122.40 19 5.49 65.13 29 4.02 47.70 . 111.47 20 5.27 62.58 30 3.93 46.61 OPTION 4-TABLE III Monthly and Annual Life Income for Each $1,000 of Benefit Guaranteed Minimum Return Age Nearest Birthday when l-,- .- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 10 Years Certain Refund Annuity Monthly Annual Payment Payment $2.62 $30.92 2.63 31.06 2.64 31.24 2.66 31.42 2.67 31.61 2.69 31.81 2.71 32.01 2.73 32:22 2.74 32.44 2.76 32.67 2.78 32.91 2.81 33.16 2.83 33.42 2.85 33.69 2.88 33.97 2.90 34.27 2.93 34.57 2.95 34.89 2.98 35.22 3.01 35.57 3.04 35.93 3.08 36.31 3.11 36.70 3.14 37.11 3.18 37.53 3.22 37.97 3.26 38.43 3.30 38.91 3.34 39.41 3.39 39.93 3.43 40.47 3.48 41.03 3.53 41.62 3.59 42.23 3.64 42.86 3.70 43.52 3.76 44.21 3.82 44.93 3.88 45.67 3.95 46.45 Monthly Annual Payment Payment $2.59 $30.56 2.60 30.72 2.61 30.89 2.63 31.06 2.64 31.25 2.66 31.44 2.67 31.63 2.69 31.83 2.71 32.04 2.73 32.26 2.75 32.48 2.77 32.71 2.79 32.95 2.81 33.20 2.83 33.46 2.85 33.73 2.88 34.00 2.90 34.29 2.93 34.58 2.95 34.89 2.98 35.21 3.01 35.54 3.04 35.88 3.07 36.23 3.10 36.59 3.13 36.97 3.17 37.36 3.20 37.77 3.24 38.19 3.28 38.63 3.32 39.08 3.36 39.54 3.40 40.03 3.44 40.53 3.49 41.05 3.53 41.59 3.58 42.15 3.63 42.73 3.68 43.34 3.74 43.96 Age Nearest Birthday when benefit is due Male Female 10 Years Certain Monthly Annual Payment Payment Refund Annuity Monthly Annual Payment Payment 45 50 $4.02 $47.26 $3.80 $44.61 46 51 4.09 48.10 3.R5 45.29 47 52 4.17 48.98 91 45.99 48 53 4.25 49.89 198 46.71 49 54 4.33 50.84 4.04 47.47 50 55 4.42 51.83 4.11 48.26 51 56 4.50 52.86 4.18 49.07 52 57 4.60 53.93 4.26 49.93 53 58 4.69 55.05 4.33 50.81 54 59 4.79 56.20 4.42 51.73 55 60 4.90 57.41 4.50 52.69 56 61 5.01 58.66 4.59 53.69 57 62 5.12 59.95 4.68 54.73 58 63 5.23 61.29 4.77 55.81 59 64 5.35 62.69 4.87 56.94 60 65 5.48 64.12 4.98 58.12 61 66 5.61 65.61 5.08 59.35 62 67 5.74 67.14 5.20 60.63 63 68 5.87 68.72 5.32 61.97 64 69 6.01 70.35 5.44 63.37 65 70 6.16 72.01 5.57 64.82 66 71 6.30 73.72 5.70 66.36 67 72 6.45 75.46 5.84 67.94 68 73 6.60 77.24 5.99 69.61 69 74 6.76 79.04 6.15 71.37 70 75 6.91 $0.87 6.31 73.17 71 76 7.07 82.71 6.48 75.08 72 77 7.23 84.55 6.66 77.10 73 78 7.38 86.40 6.85 79.16 74 79 7.54 88.24 7.04 81.36 75 80 7.69 90.06 7.25 83.68 76 81 7.84 91.85 7.47 86.06 77 82 7.98 93.60 7.69 88.59 78 83 8.13 95.31 7.94 91.27 79 84 8.26 96.95 8.19 94.01 80 85 or over 8.39 98.53 8.45 96.93 81 8.51 100.03 8.74 100.06 82 8.63 101.44 9.03 10321 83 8.73 102.76 934 106.58 84 8.83 103.98 9.67 11021 85 or over 8.92 105.10 10.01 113.90 Page 8 ¦ Lutheran Brotherhood FItA?[I;CI?"?i_ 1CJSU'AAClCfc Fpti LlJ'iFiEltAfdS I" v-rt t )Lt l?. vto . - ltl'Vt ?a-'? `= cc;? 11:r1-M-,c21?? i-MMOV °• 4 -5-7 1 ?.y ;ter ..... •... __S n. 1_. _ ...... •.? :.. .. ,., t, . -..(.. ,?..... i ?' ? •. :r'. ;-'11.1. :rf ;f`•iL .:,l:i ? 1:?4rrionrJrip I /?C?l? I 1V /) 4 i i o '1:.=?t? 3?5?t+? ???!! I:.f `vr I 1 i /tj t?2GL???t, f r . I m ° c C aM 6 mN ?o n or c:4 N m 0 n Cr a c w ,y ? N w V N N N ? m c' CD 0 0 v 0 s m 0 m 4 C O y aI _ H I s ??\ m I o . c I 'day 13, 1?7G Ur. Iiorace ii. ream, jr. 631 Colleen Dpive Harrisburg, Pennsvivinia 171013 Contract 574046 Dear Mr. Crum? rnelosed is your copy of tho request for Change of none- ficiary Form. We have shown the relation-shin of Ada anct Horace as mother and father, rather than grandparents. If this is no : correct, pleaee write us. Sincerely, Erwin .7. 'doe, "tanager Contract- C3!ange Division PolicY Service Departme;it V?'1/fd bee: 150 - --tau 1?Q?.1? yto. Filrn ?ctak 5--" Lutheran Brotherhood FRATERNAL :NSURANCE FOR LU':NERANS 701 Second Avenue So.. M+r.u:apol,s. M+rtn. 55402 Phone 332.021+ REQUEST FOR CHANGE INSURED'S NAM 0 L4 STREET AND NUMBER -?- --- -- ----'-' CITY LIFE Accidental Death Benefit I IAdd] trancel 5 ----- Vamily Insurance Benefit I jAddI )Cancel -- unit(s) Fancily Protceticn I IA`;dl lCancel 5 Yr- I IReduce to 5 Insurance Builder BenefitI IAddI ICancel S Juvenile j IAdd] ICanccl5 _...Adult Terin Insurance, Benefit I jAddi jCancel 5 -Yr- I --- IReduce to $ Paid-Up Participati Life Insuran ce: Convert to I I5 _ _._-Ends+.ment at agc- I Is - Whole Life I ! Reduce I I Convert to 5 7IP CODE --.. -- ._.- f QNTRAC UMBER HEALTH Accidental Death Benefit I tAdd1 IC:tncel 5 __-._- -- Daily Hospital Benefit i IAdd 5 _-__---- I1i0 DaY I IAdd 5 .__ 365 Day I ICanccl I IReduce to j - - per day andior duYs coverage. first Day Accident jAddj jCancel Coverage Life Time Accident ; jAddl jCancel Benefit Waiting f enod ( IChange to _.----Days The Benefit herein requested will become part of tine contract, subject to all the provisions and amendments to the ;ontraCL, upon acceptance by the Society of this request "'Fm signed by the person(s) having control of this contract, t:r A thht the contractual provision relating to Incontestability mall apply us of the effective date of %is Benefit. - The Benefit herein requested will become part of the eontrac . subject to all the provisions and amendments to the contract. p 'non acceptance by rite Society of this request form signed by the r erson(s) Itivi=.g control of this contract, except that the ! foliowing provisions relating to Suicide and Incontestability shall apply as of the effective date of this Benefit. SUICIDE d If th- Insured shall dire by suicide within two yeah of the effective dute of this Benefit, the amount payable under this Benefit, as a rasult of death, is limited to the premiums actually paid in ca-h Icss any indebtedness. INCONTESTABILITY This Benefit shall be ineoatestable after it has been in force during the lifetime of .he trisuied for two years from the effective Bute. except (11 'or nonpaymen, 1)f premiums and (?) its to any agreements providing benefits in event of total dis- ability or accidental death. LOST CONTRACT DECLARATION I 1 'Iy contract is lost - please issue duplicate. SURRENDER Cancel contract and pay surrender value. It is understood insurance coverage ceases as of the datt: this form is properly signed. The contract has been lost and cannot be returned. he?rrb? request 11111: the vh11,1ge(s) indicated r n ' Ge rrtucfe. , INSURED DATED _- f x---- - Iq ?? AGEN it intumd is minor. refer to "c.nirca Durinu hiinnnt5' chime of contract. it u+ntracl is assiancJ'. assiRnc£?slco. in ctutes wills community pp+pcrty Iaws. - spouw at person Is ?Wt ^l?nth c ulv, sign FOR HOME OFFICE USE ONLY, Effective date: 19 - ---• Signed foto s cl'etyAil Minneapolis, Minnesota. Presiu•Mnt SecrctarY 732J 720214 aaM Y Registrar ,t PART I--.A""'CA,TIG6 W LUTFfE.LAr, DR A Frnlcrno! ltonefit Scclct O ERHOOD, Y, Legal itcserre Life fnnuranee, 7Hlnnc4polh4 hflangola 1• Proposed Insured Member (Print Pull Ntt a AMOM L-OR 41-11 «'. a. Residence: Stmt and Number --`q %1• G 3S ?yDn/oR ST. 11. SF,LECT C;ty Zone OPIYON hS)?2iS b u cqq State ? 1. Paid i b i1lnil premium naticr#t to above fA or to: ? Q• Redu( Street ? 3, Purch and a umber is d A__.._ 3 e, Date of birth: Alontlt 3 Day 3 /Year -ir-O b. Ago c• Place of birtb: City slid Slate or Cv,ntry 9 6 a• }Yin the the i insurance now applied for replace any contract on )e!', of proposed insured? (It re'yott n Drtla is nEY(t14?2 Dern°r.ph. Nos) ? Yca Na i A within Applying now or have you applied alit months to any Other Company or Society for life iocuranco. (It "Yu". Dune compaMn. nnlouat and date in U 13 Yes 0 No No. 18) 7• 000UPATI? Ol cl - Lnra°roph exact. duties. ebb%/1 °• Any d»gc contcmphttcdp b. Anv.1 ha- rti 11 lI• ANION -- • -1.11 ,a n6TAILS nc:xlrmph Na 1!) NO a• Are you now dent flying a; a pilot co-pilot, stu- b Do You piiut, or crnwlnan of any aircraft? expcet to b ?Ycs e? a1To c• IYttnn were you last? Q?ies No - ?BTA)68O answered 'Ter^ or (c) naeirered dale e or dryer ??ph Na, Is) trl`h a date, explain 8_. DETA-II S (Questions tla, Ob, 7a, 7b, ga 8b. an l a •i 13. Do you elect the Autol Premium Lann privii.1, Ann, SA V Qt)y, P'Io. •? (] ? ? b• SrW` T BENE1,77S ? dddi?ional Indemnity 14. BENErICIARy Primary . rho ewe F ?I L hD9 ekvm ens ere named AS Primary bone&ciariea, the death equMly to tl,e survivors s"me shall be tens: or Coorntiag: survivor unless ottliher- f trice survive), nt r beneficiaries if less SPECIAL - -' INSTRUCTIONS (Dating, Short Term, etc ) I"`EOFFICEENDORSEi (Far Rome oiHcc use only) fl 19. 1 > m aliSible under the Artides at - fait!) or is Affiliated with a Lutheran Chuz 7hIch to membership: man t 20. I understand and Agree baptized that in the 'Guthcrar a• No contract shall taro oset cunless ured sad until the contract has bcea delivered and goodin health o: the proposed insured except as provided in the Conditional re 4 t the firs! vtdg a premium has ae•. Premium paid during b. '171e al'ached Conditional paid and aclalowledgcd below and the Corditione' P bearing the slime number as tbiistuc lication pro : to "Plied for contract. Receipt is the only receipt the representative tecelPt detached, pP e Information disclosed to an . +uthorized to give for an and uo trniver or modificstyiomPsh?j baain'lh run $bind rothtile erhoodGUUless in Nritia any Pa7Cpt n'cde va)n the Registrar of Lutheran Brotberi,ood. Y unl(as it shall b, vc been set out in writin ill d• Any aarreeti writing 'l 1 '-•t or addition noted in the apace for Ironic, g sad a)gncd by the Preside tt t orth>e '?PlIliention• contrast issue :; Provided, that no O16ec Endorsetnen Secretary nod c f!l by ma before Y change shall be made in amount, classificatshal ion, blan1eof to be ratiliad by as delivery of such contract. ? m3uraace, or becfity=' accep4tnec of the 21. I declare that each of the ttnlea) agreed to p..( sentations and arc ull °`rm'° mnde•in this application (Part I) and f sadtrue and correctly rn?•orded and shall be hereon, 22 the Declaration of Insurability (Part If) are repre- M MAKE ALL CRECRS PAYABLE TO LUTRg In sektlemen t of first N.v . ItAN BItOTIiER$Othe OD: basis cl rat n of t issued w y /? ( ti'a$ A.?Ur-ate) prelsium I have paid the representative y ri Dated at C?-R J"`y.__ r-'1 eoN. rrl,.e.eow ItepreaentaUTe' rtrnatura "l. ?aINT1iD IN UJ,A. Luther .n Brotherhood LIFE AMU HEALTH INSURANCE FOR LUTHERANS 701 Saari AV.. So., JMOnsalnnb IAlnn. 5330: • ?bant 339.4101 ACCEPTANCE OF jUVENME TERM TO IS CONTIM]ING AS ENDOWMENT @85 ?'- WNTRACT NUMBER L5 --- _ Lcc!l1F. DATE-_ 94 16 ADDRESS 1. Premiums on the Endowment @85 are to be paid: M Annually - 579.05 ? Semi-,enuolly - $41.11 Quarrcrty - $20.95 2. Unless otherwise reQeesred, Divid'k,d Option. 43, Purcuase Paid-Up Additions, wili oe effective. 3. In place of the Eudowmeoc 963 plan, I request: n. A 1959 CSO Contract for n face amount of LESS than 85,000. b. A. 1958 CSO Contract for $5,001 of insurnnca with a higher premium. If tithe 3a or 3a is Yes, complete "Rcgtv!st For Change of Contract" form and return the Change Ford and this ALaeptance Form to the Home Offi, c with Contract, 4. Amount of premium r-mitted with this agreement S- Dated -- , 19 _ ?_:_?: - nm St Number (Azwe Gener.l Asem 1NSTRUCTiONS L GENERAL AGENT Fotwurd this form to the agent serving this insured - immcdfatclyl 2. AGENT n. Dividend A $5.50 dividend Rill be allowed upon the payment of the first premium on this t ontmec aad wary be de- ducted from the typal premium submitted. No divtc*cnd is allowed on face amounts less than $2500. u. Commissions, PFYC Credit and Insurance Credit: Vill be paid and credited to the agent wb-+e name appears above, p-oviding that the policyholder teside's in the General Agency of which the agent 6 a member. This form MUST be completed and payment remitted to receive Commission and Production credit. c. Beneficiary if the beneficiary is to be different than shown on present contract, use "Request for Change of Bene- ficlaty and/or Name." d. Sncial Security Number If Dividend Option #4 is selected instead of 83, the Insured's Srtasl Security number must be forwarded to the Nome Office. c. Adding Accidental Der a, '3enefit: if A.DB is to be adder; the f r, ..rajo; procedure must be followed: 1. Complete Request for Change of Contract. 2. Complete Adult h, 0ttt $ 'temcnt. 3. Collect necessary additional premium - Annual - $4.45; Semi-annuul -:42..31; Quarterly - ¢ j,'.7,• 4. Return 1, 2 and 3 with CONTF.AC-" to Home Office. Y .,x.e 431 501 1031 205 STAT AG . S1'A CRC t 2 4 +. CERTIFICATE OF SERVICE AND NOW, this 13th day of July, 2011, I, Paulina Patti Thomas, Legal Secretary to Dennis R. Sheaffer, Esquire, for the law firm of Tucker Arensberg, P.C., attorneys for Defendant, hereby certify that I have this day served the foregoing document, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Neil W. Yahn, Esquire James, Smith, Dietterick & Connelly, LLP 134 Sipe Avenue Hummelstown, PA 17036 Attorney for Defendant Paulina Patti Thomas H BGDB:120699-1 024853-139554 l JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT C-) r A r... ?4 y +.r-+I i AND NOW comes the Plaintiff, Brian M. Crum, by and through his counsel, Tucker BRIAN M. CRUM, V. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5736 CIVIL ACTION -LAW HORACE M. CRUM, Sr., EXECUTOR of The Estate of Horace M. Crum, Jr., Defendant, Arensberg, P.C., who moves this Honorable Court for Summary Judgment in his favor and in support thereof alleges as follows. 1. Plaintiff, Brian M. Crum, was born on May 26, 1972 and is the son of Horace M. Crum, Jr. (hereinafter "Decedent"), and Judith Crum, now known as Judith Uber (hereinafter referred to as "Mother") 2. Decedent and Mother were married from March 11, 1972 to December 8, 1976. 3. Decedent died on October 1, 2008. At the time of his death, Decedent resided at 1178 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. Decedent's Will was probated in the Office of the Register of Wills of Cumberland County, Pennsylvania. Letters of Testimony were granted to the Defendant, Horace M. Crum, Sr., Decedent's Father, making him Executor of the Estate of Horace M. Crum, Jr., on October 10, 2008. 5. Plaintiff filed a civil action alleging a breach of contract against the Estate of the Decedent. Said civil action was filed on or about August 19, 2009. The breach of contract claim was based on Decedent's breach of the Separation Agreement between himself and Mother. Said breach was due to Decedent's failure to maintain two whole life insurance Policies, one with State Farm Insurance Company with a face value of $20,000.00 and the other with Lutheran Brotherhood Insurance Company with a face amount of $5,000.00 (hereinafter referred to as the "Policies"). The Complaint is based on a breach of the Separation Agreement for the Decedent's failure to name and maintain the Plaintiff as the beneficiary of the Policies until the Decedent's date of death. The Plaintiff was the named and intended third party beneficiary of the provisions of the Separation Agreement dealing with the Policies. (A true and correct copy of the Separation Agreement is attached hereto as Exhibit "A" and incorporated herein by reference). 6. The Separation Agreement in paragraph 9 specifically states as follows: 9. Husband agrees to maintain in force the insurance policies listed below of which the Wife and minor child are beneficiaries and to pay the premiums thereon. This provision shall continue in effect as long as Wife is living and remains married to Husband. In the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child. The policies are: (a) Whole life insurance policy with State Farm Mutual Insurance Company, the face amount being $20,000. (b) Whole life insurance policy with Lutheran Brotherhood Insurance Company, the face amount being $5,000. 7. The use of the term "minor child" in the Separation Agreement is simply another way of referring to Brian Marshall Crum, the Plaintiff herein. The use of the term "minor child" in the Separation Agreement is interchangeable with Brian Marshall Crum, the Plaintiff herein. 8. In paragraph 9 of the Separation Agreement, there are no events which terminate the Decedent's obligation to maintain the Policies in full force and effect for the benefit of the beneficiary, Brian Marshall Crum, the Plaintiff herein. 9. If there were events which would terminate Decedent's obligation to maintain the Policies in full force and effect for the benefit of the Plaintiff, those events would have been listed in paragraph 9 or some other paragraph of the Separation Agreement. Enumerating termination events in paragraph 9 would have been consistent with paragraphs 4, 5, and 6 of the Separation 2 Agreement whereby the Decedent's obligations in each of those paragraphs terminated upon the occurrence of certain events. Said termination events were itemized in each of those paragraphs. There are no such termination events listed in paragraph 9 of the Separation Agreement to terminate the obligation of the Decedent to maintain the Policies in full force and effect for the benefit of the Plaintiff. 10. The term "minor child" is not separately defined in the Separation Agreement. The closest thing to a definition is contained in paragraph 4 where the term is used to identify, Brian Marshall Crum, Plaintiff herein. Paragraph 4 is the first time that the term "minor child" is used in the Separation Agreement. Consequently, the definition of "minor child" is Brian Marshall Crum without regard to age. 11. In paragraph 4 of the Separation Agreement, the term "minor child" is not used to terminate the obligation of the Decedent when the child, Plaintiff Brian M. Crum, obtained the age of 18, as that is a specified event listed to terminate Decedent's obligation in paragraph 4(e) of the Separation Agreement, ie., "attainment of age 18", .... Since that event is listed to terminate the obligation in paragraph 4 of Separation Agreement, it is clear that the use of the term "minor child" is not intended to automatically terminate Decedent's obligations upon the child turning the age of 18. Otherwise, there would be no need to put in subsection (e) indicating that the terminating event would be the when the "minor child" attained the age of 18. 12. Decedent surrendered and cashed in the State Farm Insurance policy on July 26, 1983, approximately seven (7) years before the Plaintiff turned 18 years old. (See October 14, 2009 letter from Teri L. Howard attached hereto as Exhibit "B" and incorporated herein by referenced). 13. Decedent surrendered and cashed in the Lutheran Brotherhood policy on May 4, 1978, just over twelve (12) years before the Plaintiff turned 18 years old. (See Letter dated January 4, 2011 from Christine Gries attached hereto as Exhibit "C" and incorporated herein by reference). 3 14. Consequently, Decedent failed to maintain the Policies in full force and effect for the benefit of the Plaintiff as required by the Separation Agreement. Decedent did not even maintain the Policies in full force and effect until the Plaintiff reached age 18, which would have been on May 26, 1990. All of which is contrary to the defense that the Decedent's obligation to maintain the Policies under paragraph 9 of the Separation Agreement terminated when the Plaintiff turned 18 years old. 15. Decedent never named the Plaintiff as beneficiary under the Lutheran Brotherhood insurance company policy, as required by the Separation Agreement (See letter dated October 29, 2009 from Jennifer Sommers enclosing the Lutheran Brotherhood Insurance Company, now Thrivent Financial for Lutherans, Response to Subpoena for Document Production and accompanying Affidavit of Records Custodian, attached hereto as Exhibit T" and incorporated herein by reference. 16. It is clear that Decedent breached the Separation Agreement in all aspects with regard to his obligations under paragraph 9 of the Separation Agreement and further that he had no intention of maintaining the Policies in full force and effect for the benefit of the Plaintiff in perpetuity or, as argued by the Defendant, until Plaintiff reached the age of 18. 17. Had Decedent maintained the whole life policy of State Farm Mutual Insurance in full force and effect as required by paragraph 9 of the Separation Agreement, the amount payable to the Plaintiff on Decedent's death, October 1, 2008, would have been $38,920.00. (See letter from Del Chance, Manager - Life/Health Claims, State Farm Life Insurance dated December 22, 2010, with enclosed sample copy of policy (Schedule of Benefits with Premiums) attached hereto as Exhibit "E" and incorporated herein by reference). 18. Had Decedent maintained the whole life policy of Lutheran Brotherhood Insurance Company, now known as Thrivent Financial for Lutherans, in full force and effect as required by paragraph 9 of the Separation Agreement, the amount payable to the Plaintiff on Decedent's death, October 1, 2008, would have been $14,159.31. (See letter from Jean Coon, Life and Annuity 4 Product Services, Thrivent Financial for Lutherans, dated March 15, 2011, attached hereto as Exhibit "F" and incorporated herein by reference). 19. A motion for summary judgment shall be granted whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery expert report, or if, after the completion of discovery relevant to the motion, including production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of the facts essential to the cause of action of defense which in a jury trial requires the age to be submitted to a jury. Pa.R.C.P. 1035.2. 20. A court may grant summary judgment only where it is clear and there is no doubt that the moving party is entitled to judgment as a matter of law. 21. When considering a motion for summary judgment, a court must consider all the evidence in a light most favorable to the non-moving party. Pa.R.C.P. 1035.1. 22. It is believed and therefore alleged that there is no genuine issue of any material fact as to any necessary element of the cause of action of the Plaintiff in this matter. It is further alleged that those facts clearly establish the elements of Plaintiffs cause of action: that Decedent owed a duty to the Plaintiff under the Separation Agreement as set forth above, the Decedent breached that duty to the Plaintiff as required by the Separation Agreement, the Plaintiff was an intended third party beneficiary of the Separation Agreement between the Decedent and the Mother, and the Plaintiff has been damaged by the Decedent's breach of the Separation Agreement as set forth herein. 23. It is believed that the language of the Separation Agreement in paragraph 9 is clear and unambiguous such that when it is considered along with the other clear and unambiguous language of the Separation Agreement, the term "minor child" is only meant as a way of referring to Brian Marshall Crum, the Plaintiff herein. It is further believed that the clear and unambiguous language of the Separation Agreement establishes that the obligations of the Decedent set forth in paragraph 9 continue in perpetuity and do not terminate as there are no terminal events listed. The 5 listing of a terminal event in paragraph 9 of the Separation Agreement would be consistent with the other sections of the Separation Agreement where obligations are imposed on the Decedent and would terminate upon the occurrence of certain enumerated events. The fact that there are no events listed in paragraph 9 of the Separation Agreement which would terminate the Decedent's obligation under paragraph 9, clearly means that Decedent's obligation set forth in paragraph 9 continues in perpetuity. 24. If it is alleged by the Defendant that the language of the Separation Agreement is not clear, and is ambiguous, then the Mother confirms that it was the intent of the parties that Decedent's obligation to maintain the Policies listed in paragraph 9 continue until the Decedent's death (See Affidavit of Judith M. Uber, attached hereto as Exhibit "G" and incorporated herein by reference). 25. Further, Decedent's counsel prepared the Separation Agreement and as such the language contained therein is to be strictly construed against the Decedent and the Defendant herein. (See Affidavit of Judith M. Uber, attached hereto as Exhibit "G" and incorporated herein by reference). WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter this Summary Judge in his favor and against the Defendant in accordance with the above. Respectfully submitted, TUCKER ARENSBERG, P.C. By: Denni$ R. Sheffer Attorney I. D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 July 21, 2011 Attorney for Plaintiff HBGDB:120861-1 024853-139554 6 VERIFICATION I, the undersigned, BRIAN M. CRUM, hereby certify that I am the PLAINTIFF in the foregoing action, and that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. DATE: July;2 , 2011 n M. Crum SEPARATION AGREEMENT - THIS AGREEMENT executed in duplicate, made and/or affirmed on this Ilk day of UP(2v?/??4? 1975, by and between JUDITH ANN CRUM, hereinafter called "Wife" and HORACE MARSHALL CRUM, JR., hereinafter called "Husband". WITNESSETH: WHEREAS, the said parties have been legally married and have dived as Husband and Wife in the said City of Harrisburg for a number of years, and certain differences have arisen between them which have caused the parties to determine that they can no longer continue the marriage relationship and cohabit as man and wife; and they now are living separate and apart from each other; and it is now the desire of both parties to finally and for all time settle and determine their property rights, rights of support and maintenance of their children, or dower rights, or rights in lieu thereof, together with any and all other rights between the said parties growing out of the marriage r` relationship. However, with regard to the rights of support and maintenance of Wife and child such provisions herein are agreed to in the context of the present financial situation of the Husband and < r Wife and in consideration of the age of the child. Such provisions may from time to time be modified as the parties may agree or a court may so order. NOW, THEREFORE, this agreement witnesseth: That the said parties hereto for and in consideration of their mutual promises herein made and of the acts to be performed by the respective parties hereto, covenant and agree as follows: 1. That it shall be lawful for the parties hereto to continue to live separate and apart from each other, during the term of their natural lives; and that each of the said parties shall at all times live separate and apart from the other as if single and unmarried and may reside from time to time at such place or places, s and may conduct, carry on and engage in any employment, business or trade that either shall deem fit, without any control, restraing or interference directly or indirectly by the other party hereto. 2. That neither party shall molest the other, nor compel the ?c other to live with him or her by any legal proceeding or otherwise. 3. It is mutually agreed by the parties hereto that the custody of the child born of this marriage, to wit: Brian Marshall Crum, shall remain in Wife and that the Husband shall have the right of visitation and temporary custody of the child a minimum of every other weekend, the exact hours of visitation to be mutually agreed upon between the parties hereto. In addition, Husband shall have the right to visitation and temporary custody on the following holidays, to wit: Christmas afternoon and Father's Day. In addition the following holidays the Husband shall have visitation and temporary custody on alternate-years. The holidays are as follows: July 4th, Labor Day, Thanksgiving Day and New Year's Day and all other such holidays as agreed upon by the parties, to include the child's birthday. In addition, the Husband shall have an extended overnight visitation period with the child during his annual vacation period, the duration and particulars of such to be mutually agreed upon by the parties hereto. 4. Husband agrees to pay to Wife, through the auspices of the Dauphin County Non-Support Office, or such similar office, the sum of $50 per week for the support of the parties aforesaid minor child, Brian Marshall Crum. This amount to be paid by Husband shall terminate upon the happening of the following events: (a) Husband's, or the child's death; (b) child's marriage; (c) child's adoption or emancipation coupled with removal from Wife's home; (d) custody of the child by husband; (e) attainment of age 18, unless Brian is a L . full time student in an institution of higher learning, in such event Husband agrees to pay such support as the parties shall agree at that time, or if they are unable to agree, such amount as the court may deem fit and proper to assist in the support of the child through such education. 5. Husband agrees to pay to Wife, the sum of $30 per week for the support of Wife. -This amount is to be paid by Husband and shall terminate upon the happening of the following events: (a) Husband or Wife's death; (b) divorce of the parties; (c) mutual agreement of the parties; or, (d) by court order. 6,. In addition to the aforesaid covenants of monetary support, Husband, agrees to maintain in force and payable Blue Cross, :Blue Shield, or comparable medical health insurance for the aforesaid minor child and wife, said coverage for the wife shall terminate upon the r happening of the following events: (a) Husband or Wife's death;. (b) divorce of the parties; (c) mutual agreement of the parties; or, (d) by court order. Husband and Wife agree that the jointly owned property at 2413 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, which has already in fact, been listed and agreed to be sold to third parties, will be sold and the proceeds available over and above all liens, encumbrances and settlement costs, will be divided equally between the parties hereto. 8. The household furnishings presently at 2413 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, shall be the property of the Wife with the exception of the selected personal property which will go to Husband. The personal property which shall go to the Husband is as follows: (a) living room furniture (b) bedroom furniture of husband, owned by husband prior to the marriage 3 r , (c) entertainment center (d) one-half of the kitchen utensils, pots and pans, etc. It is specifically agreed that the washer and dryer shall be retained by Wife on the Wife's covenant that she shall assume any and all payments for the purchase of same from the date of this agreement. 9. Husband agrees to maintain in force the insurance policies listed below of which the Wife and minor child are beneficiaries and to pay the premiums thereon. This provision shall continue in effect as long as Wife is living and remains married to Husband. In the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child. The policies are: (a) Whole life insurance policy with State Farm Mutual Insurance Company, the face amount being $20,000. (b) Whole life insurance policy with Lutheran Brotherhood Insurance Company, the fact amount being $5,000. 10. It is agreed that the United States savings bonds presently in the name of the Husband and minor child shall be transferred to the name of the minor child and shall be delivered to the possession of Wife. ll_.. The Husband, in consideration of the execution of this agreement, accepts the terms of this agreement in full and complete -settlement and release of all claims and demands of every kind or nature against the Wife, including all liability now or at any time hereafter existing or accruing, either on account of courtesy or rights in lieu thereof, incident to the marriage relationship, intending thereby to relieve the Wife entirely from all personal claims and demands, and from any that may hereafter attach, arising 4 I I. in any manner from the relationship of Husband and Wife and from all claim or interest whatsoever in any property, real, personal or mixed, which the said Wife may now own or may at any time hereafter hold or acquire any interest whatsoever in, either by devise, bequest, purchase or otherwise; it being understood that this settlement is a total and complete release of the said Wife by the Husband of all matters and charges whatsoever and that the said Husband shall after this settlement require nothing whatsoever of the said Wife as though the marriage relation had never existed between them. 1.2. The Wife, in consideration of the execution of this agreement, accepts the terms of this agreement in full and complete settlement and release of all claims and demands of every kind or nature against the Husband, including all liability now or at any time hereafter.existing or accruing, either on account of courtesy or rights in lieu thereof, incident to the marriage rela- tionship, intending thereby to relieve the Husband entirely from all personal claims and demands, and from any that may hereafter attach, arising in any manner from the relation of Husband and Wife and from all claim or interest whatsoever in any property, real, personal or mixed, which the said Husband may now own or may at any time hereafter hold or acquire any interest whatsoever in, either by devise, bequeath, purchase or otherwise; it being understood that this settlement is a total and complete release of the said Husband by the Wife of all matters and charges whatsoever and that the .said Wife shall after this settlement require nothing whatsoever of the said Husband as though the marriage relation had never existed .between them. 13. Wife represents and warrants to Husband that she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless 5 -%- Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 14. Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 15. Subject to the provisions of this agreement, each party has released and discharged, by this agreement does for himself or herself, and his or her heirs, legal representatives, of and from all causes of action, claims, rights or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 15. Except as herein provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property of the estate ofthe other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take an intestacy rights to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual wiaver and relinquishment of all such interest, rights and claims. 17. Nothing contained herein shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending 6 0 N any such suit. In the event any such actions are instituted or concluded, the parties shall be bound by all the terms of this agreement. The parties hereto agree that if either obtains a decree in divorce within six months of the date of this agreement, they shall provide, at no cost to the other party, a copy of said decree. 18. Subject to the provisions of this agreement each party hereto has released and discharged, by this agreement, does for himself, herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other from any and all causes of actions, claims, rights or demands whatsoever in law or equity, which each of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or for breach of the within agreement. 19• The.-Provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 20. This agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 21. Modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Witness dith Ann Crum Witness Horace Mar hall Crum State Farm Insurance October 14, 2009 IIIFIIIiIFIIIFIIIIFIFIIFill,1111 Dennis R Sheaffer, Esquire Tucker Arenberg PC 111 N Front Street PO Box 889 Harrisburg, PA 17108 Re: Insured: Policy: Your client number: Dear Attorney Sheaffer: Horace M Crum Jr LF-0214-5095 024853-139554 Companies S TATE FARM 65) oiz INSURANCE O 09 We are writing in response io your September 29, 2009 letter requesting information on the above policy. After a thorough search of our records, we are able to confirm Mr. Horace Crum Jr only was insured under the above policy number. We were unable to locate any other policies. This policy was cash surrendered on July 26, 1983. The amount of the check payable to Mr. Horace Crum Jr was $2,937.27. This check was cashed by Mr. Horace Crum Jr on August 8, 1983. Due to the date of the cash surrender, the policy records have been destroyed some time ago in accordance with State Farms document retention policy. Therefore, we are not able to provide you with any documents. Please let us know if we can be of further assistance. Sincerely, Ana 9- aTeri L Howard Life Claim Team Leader 2702 Ireland Grove Road Bloomington, IL 61701 ?0 OCT - - 2M Y Thrivent Financial for Lutherans- 4321 N- Ballard Road, Appleton, WI 54919-0001 Thrivent.com • 800-THRIVENT (800-847-4836) January 4, 2011 Tucker Arensberg PC Attn: Dennis R Sheaffer 111 N Front St Harrisburg PA 17108 Dear Mr. Sheaffer: Securities offered through Thrivent Investment Management Inc., 625 Fourth Ave: S., Minneapolis, MN 55415-1665, a wholly owned subsidiary of Thrivent Financial for Lutherans. Member FINRA and SIPC. Subject: Contract 0574046 Horace M Crum Jr This letter is in response to your recent inquiry concerning the contract shown above. According to our records, contract 0574046 was a $5,000.00 Endowment at age 85 insurance contract that insured the life of Horace M Crum Jr. It was surrendered on May 4, 1978. At that time, the net death benefit was $5,475.90 and the surrender value was $665.67. We are able to manually calculate what the approximate death benefit would have been had Mr. Crum kept this contract *in force and paid the premiums each year until his death on October 1, 2008. However, a historical fee of $50.00 is needed before your request can be completed. We will also need a subpoena or authorization, whichever is convenient for you. Once we receive the historical payment and subpoena or authorization, it will take a couple of weeks before we will have this information to you. If you have questions, please call our customer service area at 800-847-4836. Sincerely, (X?? 4,4ZJ Christine Gries, ACS, FIC life & Annuity Product Services_ Product Administration & Support Services cmg Horace M Crum Jr, 506525829 Thrivent Financial for Lutherans- 4321 N. Ballard Road, Appleton,. WI 54919-0001 Phone:800-THRIVENT (800-847-4836) E-mail: mail@thrivent.com • www.thrivent.com October 29, 2009 Dennis R. Sheaffer, Esq. Tucker Arensberg. P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 i RE: Horace M. Crum Dear Attorney Sheaffer: Securities offered through Thrivent Investment Management Inc., 625 Fourth Ave. 5., Minneapolis, MN 55415-1665, a wholly owned subsidiary of Thrivent Financial for Lutherans. Member FINRA. Member SIPC. Pursuant to subpoena, enclosed please find-documents pertaining to contracts held in the name of Horace M. Crum, Jr.: 1. LB Life Insurance contract #0574046 held in the name of Horace M. Crum, Jr. was issued September 4, 1959'and surrendered in 1978. Due to HIPAA regulations,'medical records have not been included. Should you require medical records, please obtain a medical release authorization from Horace M. Crum, Jr. and send it to my attention. Also enclosed is an invoice for our services. Please contact me with any questions. Sincerely, nifer L. Sommers Senior Administrative Assistant Human Resources & Litigation Office of the General Counsel (920) 628-2847 (920) 628-3711 (Fax) Encl. OCT 3 PZOog BRIAN M. CRUM IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09 - 5736 CIVIL TERM HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., CIVIL ACTION - LAW Defendant, JURY TRIAL DEMANDED TO: TRIVENT FINANCIAL FOR LUTHERAN'S, Formerly Lutheran Brotherhood Insurance You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, L. Sornrn-c ? , certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on I kmber 4 , 2009 have been produced. Date: 10 - Z °I -09 ? cyS Per o served with subpoena fe-y n+D 109424 Thrivent Financial for Lutherans- Securities offered through Thrivent Investment Management Inc., 625 Fourth Ave. S., Minneapolis, MN 55415-1665, 4321 N. Ballard Road, Appleton, WI 54919-0001 a wholly owned subsidiary of Thrivent Financial for Lutherans. Phone: 800-THRIVENT (800-847-4836) Member FINRA. Member SIPC. E-mail: mail@thrivent.com • www.thrivent.com October 29, 2009 Dennis R. Sheaffer, Esq. Tucker Arensberg. P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 RE: Horace M. Crum Dear Attorney Sheaffer: Pursuant to subpoena, enclosed please find documents pertaining to contracts held in the name of Horace M. Crum, Jr.: 1. LB Life Insurance contract #0574046 held in the name of Horace M. Crum, Jr. was issued September 4, 1959 and surrendered in 1978. Due to HIPAA regulations, medical records have not been included. Should you require medical records, please obtain a medical release authorization from Horace M. Crum, Jr. and send it to my attention. Also enclosed is an invoice for our services. Please contact me with any questions. Sincerely, nifer L. Sommers Senior Administrative Assistant Human Resources & Litigation Office of the General Counsel (920) 628-2847 (920) 628-3711 (Fax) Encl. OCT 3 P 2000 ]Lutheran )Brotherhood Legal Reserve Fraternal Benefit Society MINNEAPOLIS, MINNESOTA Insured HORANCE M CRUM iR Contract Number 0574046 Date of Issue 09 04 59 Age at Issue 09 Annual Premium $7.50 prior to contract anniversary nearest age 18 Thereafter to age 85: Annual $79.05 Semi-annual $41.11 Quarterly $20.95 Monthly $7.11 Sum Insured $625 to Age Six Months, then $2500 to Contract Anniversary nearest 18th birthday of Insured and $5000 thereafter. Bene cia For Beneficiar see attached photo. AR.3A d 2ry Chu??es ? Y A.U?ra?rle?@ t GATcO.-- Maturity Date September 4, 2035 The Society accepts the Insured as a member, and agrees to pay the Sum Insured, less any indebtedness, to the Insured upon surrender of this contract on the Maturity Date provided the Insured is then living and this contract is in force. Upon receipt of proof of the death of the Insured prior to the Maturity Date while this contract is in force, the Society agrees to pay the death benefit provided herein to the Beneficiary with the right reserved on the part of the Insured to change the beneficiary. This contract is subject to and includes the provisions recited on the following pages and endorsed thereon and shall continue to the Maturity Date, unless terminated earlier in accordance with its provi- sions, and is made in consideration of the application and declaration of insurability signed by the ap- plicant, copy of which is attached to and made a part of this contract, and of the payment of premiums as they become due at the rates and for the period prescribed. IN WrrNEss WB:ExiEoF LuTAERAN BROTHERHOOD has caused this contract to be signed by its President and Secretary. PN B CH2 4 DURICATE tutheran )6rotherhood UR?y9?yo ?o a o ,, o v ? 4 President Secretary F9'°?LlS. M??? ?? .? • Registrar Juvcnile Term to Age 18-Autom2tically Converting to Endowment at 85 at Age 18. Including Waiver of Premium Benefit after Age 15 and to Age 6U-Premiums Payable to Maturity Date-Participating Settlement Provisions Death Benefit. The benefit. payable -at the death of the Insured shall be the sum insured, increased by any - dividend accumulations, paid up additions, and the current amount of the premium deposit reserve, less any indebtedness. Payment of Benefits. Any benefit payable upon maturity or surrender for cash shall be paid to the Insured upgn surrender of this contract. Any benefit payable at the death of the Insured shall be paid by the Society on receipt of due proof of the death of the Insured, and of the right of the claimant to receive payment, and the surrender of this contract. The rights and obligations of the Insured under this contract or other evidence thereof and of any person rightfully claiming thereunder shall be governed by the laws of the state, district, or province having jurisdiction. One Sum Settlement. Any benefit payable shall be paid in one sum unless otherwise elected as provided by this contract. Optional Settlements. The Insured, by written notice to the Society, may elect to have any. benefit under this contract, in whole or in part, made payable under one or more of the following options, except that upon surrender of this contract by the Insured, that part of the cash surrender value represented by the premium deposit reserve shall not be included under any Settlement Option but shall be paid to the Insured in one sum. The Insured may change such election at any time before any benefit becomes payable. If no option is elected by the Insured, the beneficiary may make such election, in the same manner, after the death of the Insured. The Society will issue a supplementary contract providing for payment under the option elected at the time the benefits become due, upon application for such benefits and surrender of this contract. If this contract is assigned or if the beneficiary is not a natural person taking in his own right, optional settlements shall not be available without the consent of the Society. Any remaining install- ments payable after the death of the payee under a supplementary contract to a survivor beneficiary which is not a natural person taking in his own right, shall be commuted at two and one-half per cent interest and paid in one sum. If the net proceeds of all insurance with the Society payable in like manner to the same beneficiary is less than $1,000, payment shall be made in one sum. No payment of a periodic install- ment or of interest shall be less than $10.00. Any change of beneficiary shall cancel any prior settlement option which may have been elected. Option 1. Interest Income. The benefit may be left with the Society at interest at the rate of two and one-half per cent per annum until the death of the payee, interest to be payable annually, semi-annually, quarterly, or monthly on the amount retained, the first interest payment to be made at the end of the first period elected. The payee shall have the right to withdraw the whole or any part of the benefit under this option on any anniversary of the date of issue of the supplementary contract. At the death of the payee any part of the benefit remaining with the Society shall be paid in one sum to the beneficiary named to receive said payment, if any, otherwise to the executors or administrators of the payee. Option 2. Installment Payments of a Fixed Amount. The benefit may be left with the Society at interest at the rate of two and one-half per cent per annum to be payable to the payee in equal installments of a fixed amount, first installment immediate, the payments to continue until the fund is exhausted, the final payment not to exceed the unpaid balance. Option 3. Installment Payments for a Fixed Period. The Society will pay the benefit to the payee in equal install- ments for a fixed number of years, first installment immediate, according to Table II following. Option 4. Life Annuity with Period Certain. The Society, subject to satisfactory proof of age, will pay the benefit in equal installments, first installment immediate, during the lifetime of the payee beginning on the date of the supplementary contract, and as may be a eed u non, to continue (a) until such installments have been paid for not less than ten years certainr a r. tyuntil the sum of such installments paid equals the amount of the benefit at the _ p ry contract, according to Table III following. Option 5. Other Methods of Settlement. The benefit may be paid in any other manner that may be mutually agreed upon by the Society and the Insured or the beneficiary entitled to elect -a settlement option. Non-Assignablc Benefits. Except as herein provided, no unpaid installments or interest payable hereunder may be commuted, assigned, or transferred, and to the extent permitted by law shall not be subject to legal process. To Whom Payable. Unless otherwise provided herein, or otherwise designated by the Insured, the interest of any deceased beneficiary shall pass to the surviving beneficiary upon receipt at the Home Office of the Society of satisfactory proof of death and, if at the death of the Insured there be no surviving bene- Page 2 ficiary, or at the death of the last surviving beneficiary after the death of the Insured, the benefit shall be payable in one sum to the executors or administrators of the Insured or of the last surviving beneficiary, as the case may be. Unless otherwise provided by the Insured, the payee under a supplementary contract may name a survivor beneficiary. Any benefit payable to other than the payee on the date of the supple- mentary contract is limited to the guaranteed installments then remaining unpaid. Any benefit payable to a minor or incompetent person shall be paid to a guardian or other legal representative. General Provisions Premium Payments. The issue and delivery to the Insured of this contract is notice that the.annual premium is due and payable on the date of issue and, without further notice, in advance on each anniversary of this contract for the period prescribed on the first page hereof. The Insured may pay premiums annually, semi-annually, quarterly, or monthly in amounts as shown on the first page of this contract, except that no premium of less than $5.00 will be accepted, provided that any change in mode of payment shall require written notice to the Society before the end of the grace period. When the premium deposit reserve is equal to the present value of the remaining premiums due, no further premium payments will be ac- cepted. Grace. A grace period of thirty-one days will be allowed for the payment without interest of every pre- mium after the first, during which period the insurance shall continue in force. If the Insured should die during the grace period, any past due premium shall be deducted from the benefit payable. Premium Deposit Reserve. The Insured may pay into a premium deposit reserve amounts to be accumulated with interest at the reserve rate and applied without direction by the Insured to any payments becoming due and not paid within the grace period. The current amount of the premium deposit reserve shall increase the amount of the benefit payable at death and the cash or loan values. No payment into the premium deposit reserve will be accepted which will increase the deposit to an amount in excess of the sum of ten annual premiums, nor in excess of the present value of the remaining premiums due under this contract. Automatic Premium Loan Privilege. If elected by the Insured in the application, or in writing at any subsequent date, any premiums and interest payments thereafter falling due and not paid in cash within the grace period shall be charged from the due date, without direction by the Insured, as loans on the same condi- tions as other loans. Change of Beneficiary. The Insured has the right to change the beneficiary under this contract at any time in conformity with the laws of the state, district, or province having jurisdiction, by giving written notice of such change to the Home Office of the Society. Such change shall became effective as of the date of the written notice, provided such written notice is received by the Society, and receipt acknowledged to the Insured. Participation in Surplus. This contract will participate annually in the distribution of dividends from surplus as determined by the Society. At the option df the Insured current dividends will be (1) paid in cash, or (2) applied to reduce premiums, or (3) used to purchase participating paid-up additions to the sum insured, or (4) held to accumulate with interest, subject to withdrawal on any anniversary of the date of issue, and any amount not so withdrawn shall be a part of the benefit payable on death or maturity of the contract. If no election is made, the dividends will be applied under option (2) or, if the full premium has been paid, tinder option (4). The reserve upon dividend additions shall increase the cash or loan values. When the automatic premium loan provision has been elected and any payment cannot be charged against this contract, any accumulated dividends shall be applied to the payment due. Interest. Amounts held for the Insured or beneficiary shall be credited on each anniversary of the date of issue with interest at the rate currently fixed by the Society. On amounts withdrawn at the option of the Insured or beneficiary, interest shall be paid only to the last anniversary of the date of issue. Insured May Change to Other Contract. The Insured shall have the right, on written application to the Society and surrender of this contract, to change as of the date of issue or as of any anniversary date, to any other form of contract, except term insurance, issued by the Society at the time of such change, except that where the amount at risk shall be increased, evidence of insurability as a standard risk acceptable to the Society may be required, In a change as of the date of issue to a contract with a higher cash or loan value, the In- sured shall pay the difference of the annual premiums tinder the original and the new contract, accumulated with interest at the rate of two and one-half per cent per annum for the period from date of issue to date of conversion -,vith the proper adjustment for the difference in dividends, but such payment shall be not less than the difference in cash values. In a change to a contract with a lower cash or loan value the differ- ence in cash or loan values less any indebtedness shall he refunded to the Insured. Form 605 Page 3 Loans. The Insured shall have the right to cash and other loans on the sule security of this contract to the extent that all indebtedness at the next premium due date shall not exceed the cash or loan value at such date. Indebtedness shall include all loans in cash or loans for premiums or other unpaid amounts, and interest at six per cent per annum on indebtedness, added annually on the anniversary of the date of issue. The whole or any part of the indebtedness may be repaid at any time. The indebtedness shall be deducted in any settlement on this contract and shall proportionately reduce any installment or annuity payments. If, at any time, the indebtedness on this contract with accrued interest, shall equal or exceed the amount then available as a loan hereunder, this contract shall terminate, provided, however, that thirty- one days' notice thereof shall have been mailed by the Society to the last known address of the Insured or of any assignee of record at the Home Office. Reinstatement. This contract, if not surrendered for its cash value, may be reinstated within five years from the date of termination, on written application and upon receipt of evidence of insurability, including good health satisfactory to the Society, and by the payment of all indebtedness, including overdue premiums, and interest at six per cent per annum on the indebtedness. To the extent permitted for loans such indebted- ness may be continued on the same conditions as other loans. Notice to Insured. Any notice may be given by mailing same to the Insured at the last known postoffice address of record at the Home Office. Currency. All amounts payable, either by or to the Society, shall be rnado at its principal office in the country where this contract was issued for delivery in the lawful currency thereof. Deferment. Except to pay premiums on this contract, the Society at any time in its discretion may require of the Insured or beneficiary not exceeding six months' notice of application for cash loan or surrender or the withdrawal of any amount left by the Insured or a beneficiary. Incontestability. After this contract has been in force during the lifetime of the Insured for two years from the date of issue the Society cannot contest the validity of the contract because of misrepresentation of facts material to the risk made by the Insured in the application. Upon reinstatement of this contract, after two years from the date of reinstatement, the Society cannot contest the validity of the reinstated contract be- cause of misrepresentation of facts material to the risk made by the Insured in the application for reinstate- ment. Misrepresentation. If, in the application for this contract, any matter material to the risk shall be misrepre- sented and such material misrepresentation shall contribute to the death of the Insured within two years from the date of issue, the benefit payable upon this contract is limited to the amount of premiums actually paid in cash, less any indebtedness. Suicide. If the Insured, while sane or insane, shall die by suicide within two years from the date of issue, the benefit payable upon this contract is limited to the amount of premiums actually paid in cash, less any indebtedness. Correction of Age. If the age of the Insured has been understated, the benefit payable shall be such as the premiums paid would have purchased at the true age; if overstated, the excess of premiums paid shall be refunded. Control During Minority. It is understood and agreed that all rights under this contract, including adult membership in the Society, shall be in the named Insured after his sixteenth birthday or such later age as required by the law of the state or province having jurisdiction. Before such control by the Insured, all rights under this contract shall be in the applicant if living, otherwise in a surviving beneficiary or, if none sur- viving, in a surviving parent recognized by the Society, or a legally appointed guardian of the Insured. Maintenance of Solvency. The premium rates and benefits under this contract are not subject to change. In the event of the impairment of the solvency of the Society, an apportionment shall be charged against each outstanding contract on the basis of the Insured's equitable share of the deficiency, as determined by the Board of Directors of the Society. If the Insured does not choose to pay anv apportionment within sixty days from date of notice such apportionment shall be charged and carried as a loan with interest at five per cent per annum compounded annually. The Contract. The application for membership and declaration of insurability, a copy of which is hereto at- tached, the provisions and any riders or endorsements contained in this contract, and the articles of incor- poration and by-laws of the Society and all amendments to each thereof now or hereafter in force con- stitute the entire contract. Page State Law. The Insured under contracts issued for delivery in any country, state or other jurisdiction may be required to bear any burden or charge peculiar thereto imposed by or pursuant to law. If any provision of this contract is in conflict with any law of the state, district, or province having jurisdiction, such provi- sion is hereby modified to conform to such law. No Waiver. No person is authorized to waive, alter or amend any part of this contract, other than by an instrument in writing executed by the President and Secretary and Registrar of the Society. Non-Forfeiture Provisions Basis of Computation. Reserves maintained by the Society and all other computations for the life insurance benefits provided by this contract shall be computed on the basis of the Commissioners 1941 Standard Or- dinary Mortality Table arld interest at two and one-half per cent per annum, according to the Commis- sioners Reserve Valuation Method on the assumption that death benefits are payable at the end of the con- tract year of death. Cash or loan values as set out in Table I are computed for the first five years after the contract anniversary nearest age 18 by the Standard Non-Forfeiture Value Method using the non-forfeiture factor shown in Table I. Cash or, loan values for the sixth through the ninth years after the contract anniver- sary nearest age 18 are computed by the same method using the non-forfeiture factor decreased by one-fifth of the difference between such non-forfeiture factor and the modified net annual premium for this contract for each successive year from the sixth through the ninth year. Cash or loan values for the tenth and sub- sequent years after the contract anniversary nearest age 18 are equal to the reserve. Cash or loan values produced by this method of computation are not less than the minimum required by law. Non-Forfeiture.The Insured upon written application after the contract anniversary nearest age 18 shall have the right on any anniversary of the date of issue, or on any premium due date and during sixty days thereaft- er, provided the premium then due has not been paid, to elect any one of the following non-forfeiture options: (a) Cash Surrender. Upon surrender of this contract at the Home Office, the Insured shall be entitled to payment of the cash surrender value at such date, determined as follows: 1. If this contract is in force by payment of premiums, the cash surrender value shall be the cash or loan value as determined from Table I, increased by the cash value of any paid-up additions, the amount of any dividend accumulations, and the current amount of the premium deposit reserve, less any indebtedness. 2. If this contract is being continued in force as paid-up or extended insurance, the cash surrender value shall be equal to the reserve, increased by the cash value of any paid-up additions and the amount of any dividend accumulations, less any indebtedness. (6) Paid-Up Insurance. Upon endorsement of this cor.tract at the Home Office, this contract will be continued in force from such date as paid-up insurance payable at the same time and under the same conditions as in this contract, for the amount that the cash or loan value, less any indebtedness, will purchase at the then attained age of the-Insured when applied as a net premium on the reserve basis set out in this contract, increased by the amount of any existing paid-up additions provided that such paid-up insurance shall not include any additional indemnity or disability benefits. Dividends left at interest may be continued under dividend option (4), held to accumulate with interest. (c) Extended Insurance. Upon endorsement of this contract at the Home Office, the Insured shall be entitled to paid-up extended term insurance for an amount equal to the sum insured plus the amount of any paid-up dividend additions and less any indebtedness on such date. The term of such extended insurance shall be such as the cash or loan value increased by the cash value of any paid-up additions and less any indebted- ness will purchase at the then attained age of the Insured when applied as a net premium on the reserve basis set out in this contract, provided that if the cash value is sufficient to extend the term of extended in- surance beyond the maturity date of this contract any cash value in excess of the amount required to con- tinue the insurance to the maturity date shall be applied to purchase a pure endowment payable to the Insured at the maturity date, if then living. The application of this non-forfeiture option shall terminate any additional benefits provided by this contract and any dividends left at interest shall be paid to the Insured in cash. Automatic Non-Forfeiture. Upon default in payment of any premiums, if the Insured has not elected the automatic premium loan provision or any non-forfeiture option, this contract shall automatically be continued under the provisions of the non-forfeiture option (c), Extended Insurance, without endorsement hereon. Provisions for Waiver of Premiums in Event of Total and Permanent Disability If due proof is received at the Home Office of the Society while this contract is in full force and effect, that the Insured after the fifteenth and before the sixtieth birthday of the Insured, has become totally and permanently disabled, as_ hereinafter defined, as the result of bodily injury sustained or disease originat- ing after the issuance of this contract, and that such disability has continued uninterruptedly for at least -six consecutive months, the Society will waive the payment of the regular premiums becoming due under the contract during the continuance of such disability, beginning with the premium the due date of which next follows the date of commencement of such disability; provided, however, that no premium shall be waived, the due date of which is more than one year prior to the receipt by the Society at its Home Office of written notice of claim hereunder during the lifetime and disability of the Insured. The waiver of any premiums under this contract shall not relieve the Insured from any indebtedness under this contract or from. interest thereon. Total and Permanent Disability Defined. Total and permanent disability is defined to mean the complete in- capacity of the Insured resulting from bodily injury or disease' to perform any work; or to engage in any occupation or business for remuneration or profit, and in no event shall the waiver of any premiums of this contract be allowed if during any period for which such waiver is claimed, the Insured has been engaged in any occupation or business for remuneration or profit. Total disability which exists and has been con- tinuous for a period of six consecutive months shall be deemed to be permanent only for the purpose of determining the commencement of liability hereunder. The entire and irrecoverable loss of sight of both eyes, or the severance or total and permanent loss of use of both hands, or both feet, or one hand and one foot, shall be deemed total disability without prejudice to other causes of disability. Proof Required. Although proof of a claim hereunder has been accepted as satisfactory, the Insured may at any time be required to furnish due proof of the continuance of total and permanent disability, including examination of the Insured by a representative of the Society, but such evidence or examination shall not be required more often than once a year after two years from the acceptance of such proof of claim. If the Insured fails to furnish such proof or refuses to submit to such examination, or becomes able to perform any work or engage in any occupation or business for remuneration or profit, the waiver of premiums shall cease unless the disability of the Insured is total as defined in the last sentence of the paragraph entitled "Total and Permanent Disability Defined". The furnishing of blanks for proof of disability or the waiver of any premiums for total and permanent disability, shall be without prejudice to any contention subsequently made by the Society that total and permanent disability, as defined herein, does not or did not exist at any time. Risks Not Assumed. No waiver of premiums will be allowed hereunder for total and permanent disability resulting directly from (a) injuries intentionally self-inflicted; (b) service in the military, naval or air forces of any country or combination of countries at war, declared or undeclared; (c) service, travel or flight in any kind of aircraft or ascent to or descent from such aircraft, except travel or flight as a passenger (either fare paying or on a pass but riot as a pilot or crew member) in a licensed passenger aircraft operated by an incorporated and governmentally certificated air carrier on a scheduled civilian passenger air service between established airports; (d) disease originating or injury occurring prior to the date of issue of this contract; (e) disability commencing before the 15th or after the 60th birthday of the Insured; or (f) disa- bility commencing while this contract is in force as extended insurance or reduced paid-up insurance. Notice Required. Written notice and proof of claim must be furnished to the Society while the Insured is living and remains totally and permanently disabled. In the event of default in payment of premium, such notice and proof must also be furnished within thirteen months from the due date of the premium in default. Failure to give notice and proof of claim within the time above provided shall not invalidate or diminish any claim if it shall be shown not to have been reasonably possible to have given notice and that notice and proof of claim were given as soon as was reasonably possible. Insurance Benefits Not Affected. Any premiums waived under this contract on account of total and permanent disability will not reduce any of the benefits of this contract. Dividends, cash and loan values, and all other benefits will be the same as if the premiums waived by this provision had been paid in cash by the Insured. Total and permanent disability benefits under this contract are granted without any specific additional premium, the cost thereof being included in the premium for this contract. Form 605 Page 6 • Term to Age 18 TABLE I ' Automatically Converting Non-forfeiture Values After the Contract Anniversary Nearest Age 18 to Endowment @ 85 End of Cash or Psid-Up Extended Insurance Year Loan Value End't. Years Daps P. E. 1 0 0 0 0 0 2 0 0 0 0 0 3 13.55 40 1 39 0 4 67.50 190 5 93 0 5 122.50 340 8 34'5 0 6 195.85 530 13 49 0 7 269.90 715 16 183 0 8 344.60 900 19 66 0 9 420.00 1,070 21 115 0 10 496.05 1,240 23 9 0 11 556.55 1,365 23 337 0 12 618.1.0 1,485 24 237 0 13 680.70 1,605 25 85 0 vAr um Ix TAaLE i are for a $5000 14 744.40 1,720 25 254 0 Endowment @ 85 without indebted- I5 809.15 1,835 26 20 0 ness. Any paid-up dividend additions 16 874.90 1,945 26 116 0 will increase the values as provided 17 941.65 2,050 26 184 0 herein. Values for intermediate pe- 18 1,009.45 2,155 26 227 0 riods will be determined with due 19 1,078.1.5 2,260 26 248 0 allowance for any lapse of time and 20 1,147.80 2,360 26 250 0 for any fractional premiums paid for the contract year then current. Values Non-forfeiture factor 64.34610 for periods other than those shown in Table I will be furnished on request. Home Office Endorsements: Page 7 OPTION 3-TABLE H Monthly and Annual Income for Each $1,000 of Benefit for Fixed Periods 9 Number Monthly Annual Number Monthly Annual Number Monthly Annual of Years Instalment Instalment of Years Instalment Instalment of Years Instalment Instalment 1 $84.28 11 $8.64 $10254 21 $5.08 $6028 2 42.66 $506.17 12 8.02 95.11 22 4.90 58.19 3 28.79 341.60 13 7.49 88.83 23 4.74 556.29 4 21.86 259.33 14 7.03 83.45 24 4.60 54.55 5 17.70 210.00 15 6.64 78.80 25 4.46 52.95 6 14.93 177.12 16 6.30 74.73 26 4.34 -51.48 7 12.95 153.65 17 6.00 71.15 27 4.22 50.12 8 11.47 136.07 18 5.73 67.97 28 4.12 48.87 9 1032 122.40 19 5.49 65.13 29 4.02 47.70 10 9.39 111.47 20 5.27 62.58 30 3.93 46.61 OPTION 4-TABLE III Monthly and Annual Life Income for Each $1,000 of Benefit Guaranteed Minimum Return Age Nearest Birthday when benefit is due Male Female 10 Years Certain Monthly Annual Payment Paymcnt Refund Annuity Monthly Annual Payment Payment 10 $2.62 $30.92 $2.59 $30.56 11 2.63 31.06 2.60 30.72 12 2.64 31.24 2.61 30.89 13 2.66 31.42 2.63 31.06 14 2.67 31.61 2.64 31.25 10 15 2.69 31.81 2.66 31.44 11 16 2.71 32.01 2.67 31.63 12 17 2.73 32:22 2.69 31.83 13 18 2.74 32.44 2.71 32.04 14 19 2.76 32.67 2.73 32.26 15 20 2.78 32.91 2.75 32.48 16 21 2.81 33.16 2.77 32.71 17 22 2.83 33.42 2.79 32.95 18 23 2.85 33.69 2.81 33.20 19 24 2.88 33.97 2.83 33.46 20 25 2.90 34.27 2.85 33.73 21 26 2.93 34.57 2.88 34.00 22 27 2.95 34.89 2.90 34.29 23 28 2.98 35.22 2.93 34.58 14 29 3.01 35.57 2.95 34.89 25 30 3.04 35.93 2.98 35.21 26 31 3.08 36.31 3.01 35.54 27 32 3.11 36.70 3.04 35.88 28 33 3.14 37.11 3.07 36.23 29 34 3.18 37.53 3.10 36.59 30 35 322 37.97 3.13 36.97 31 36 326 38.43 3.17 37.36 32 37 3.30 38.91 3.20 37.77 33 38 3.34 39.41 3.24 38.19 34 39 3.39 39.93 3.28 38.63 35 40 3.43 40.47 3.32 39.08 36 41 3.48 41.03 3.36 39.54 37 42 3.53 41.62 3.40 40.03 38 43 3.59 42.23 3.44 40.53 39 44 3.64 42.86 3.49 41.05 40 45 3.70 4352 3.53 41.59 41 46 3.76 4411 3.58 42.15 42 47 3.82 44.93 3.63 42.73 43 48 3.88 45.67 3.68 43.34 44 49 3.95 46.45 3.74 43.96 Age Nearest Birthday when beneFit is due Male Female 10 Yeats Certain Monthly Annual Payment Payment Refund Annuity Monthly Annual Paymenf Payment 45 50 $4.02 $47.26 $3.80 $44.61 46 51 4.09 48.10 3.85 45.29 47 52 4.17 48.98 91 45.99 48 53 4.25 49.89 4.98 46.71 49 54 4.33 50.84 4.04 47.47 50 55 4.42 51.83 4.11 48.26 51 56 4.50 52.86 4.18 49.07 52 57 4.60 53.93 4.26 49.93 53 58 4.69 55.05 4.33 50.81 54 59 4.79 56.20 4.42 51.73 55 60 4.90 57.41 4.50 52.69 56 61 5.01 58.66 4.59 53.69 57 62 5.12 59.95 4.68 54.73 58 63 5.23 61.29 4.77 55.81 59 64 5.35 62.69 4.87 56.94 60 65 5.48 64.12 4.98 58.12 61 66 5.61 65.61 5.08 5935 62 67 5.74 67.14 5.20 60.63 63 68 5.87 68.72 5.32 61.97 64 69 6.01 70.35 5.44 63.37 65 70 6.16 72.01 5.57 64.81 66 71 6.30 73.72 5.70 66.36 67 72 6.45 75.46 5.84 67.94 68 73 6.60 7724 5.99 69.61 69 74 6.76 79.04 6.15 71.37 70 75 6.91 $0.87 6.31 73.17 71 76 7.07 82.71 6.48 75.08 72 77 7.23 84.55 6.66 77.10 73 78 7.38 86.40 6.85 79.16 74 79 7.54 88.24 7.04 8136 75 80 7.69 90.06 7.25 83.68 76 81 7.84 91.85 7.47 86.06 77 82 7.98 93.60 7.69 88.59 78 83 8.13 9531 7.94 9127 79 84 826 96.95 8.19 94.01 80 85 or over 839 98.53 8.45 9693 81 8.51 100.03 8.74 100.06 82 8.63 101.44 9.03 103.21 83 8.73 102.76 934 106.58 84 8.83 103.98 9.67 11021 85 or over 892 105.10 10.01 113.90 Page 8 vto • ; t11v1 da4c n? utneran Brothle Hood FHA i EI'MNAL lid llrlANf, : FUIi LIJTHEHAN'S n(?n(?( ( r 7111' :Un:l„ ah•?an(n )?I .?aii .„?'. •`.i i0?/. I'VI_,. .,J7 !.q?11 Lu??t sl Ji-c) a l; C L r'=J L: 1d .J JF; UL?U`?I it u??L-e41 L? ?[i] 1 rll f t,.i UV StiCME 41.1t,'i 'I ?... c a:i-r.ar_r rlr:. 1 ':(.. I I II I'. ?'?I If. .:Ili ?! 11 :: 1[I1•/ 11?: I[I3'?[" 1 ` - C, ,y iTIV i, 7l.%1 ... L•.. i 1 Ll:i : _.'.t'. ; i 1..?: s_i L i:E3 •"tMEN' i ? •! ?,i(Y//?/rte"'/?/-? _ S;; I!rt ??! v5 cet Clty ?!1:: :t..!c ! ?/t/LC.•C. LL[.f 4! CL . ? /?ng? i ?`r "? \,"r?.?'?£/f :ntk 14 nr m c ? m -: av 'M r m m O m a N c ? dC3 a to m m ? G N ? 7 N (Y. .a N y. w N ? N 3 m d c' m' 0 O 1 O 11 ? b Y ? w 4 C a m ' - Q ? f,l?IVi?r; 'Lay 13, 1?7G i Ur. Horace ii. Crum, jr. 631 Colleen Drive Harrisburg, Pennsylvania 171011 Contract 574046 Dear far. Crtli-.i! rnclosed is yo:-,r copy of the Rearrest for Change of Bene- ficiary Porn. ' e have shot-?n the relation: hip o£ Ala and Horace as mother and father, rather than grandparents. If this is no: correct, please write u,. Sincerely, I 1 ;Prwin .7. Moe, Manager Contract- Change Division Policy Service Department I i ? Vl/i'•d bcc: 150 r: ?ilrn-do.k .5- . t 0 Lutheran Brotherhood FRATERNAL :NSURANCE FOR t-U. HERANS 701 Seeand Avcnuc Sa., ma.o'ap-ks, "On. 55402 phone 332-021, }BEQUEST FOR CHANGE msuReU's Nnivte ???/? ? ?--?G----??. C>?_u/r? , •?? ---. 1?/ d 2l C a L: r_' Al STREET AND NUMBER _ ?- --- - CITY -L-_-??L4iJ V, LIFE STATE / W --zIP Cl--- DE .- CONTRACT ` NUMbE?R HEALTH Accidental Death Benefit I lAddl }Cancel S___ - Daily Hospital BeneCn I IAdd 5-----180 Day I IAdd S 305 Day I ]Cancel I JReduce to S per day andior days coverage. First Day Accident IAdd1 ]Cancel Coverage Life Time Accident ; IAdd] ICanccl Benefit Chan gbe to Days 1?Yuiting Period I I l1 _J1 - The BeneRt herein requested will become part of the contract, subject to all the provisions and amendments tc the contract, upon acceptance by the Society of this request' 7M sign.'d by the person(s) having control of this contract, t;r ,t thht the contractual provision relating to Incontestability mall apply us of ill(: effective date of ,is Benefit. Accidental Death Benefit I ]Add[ 11-1incel S ' Family Insurance Benefit ( ]AdcU ICancel _ unit(s) Family protection I IA''dJ ICanccl s. yr. I ]Reduce to Insurance Builder BenelitI IAdd] ICanccl 5 Juvenile I IAddJ ICanccl5 -Adult Term Insurance Benefit I IAdd( ICancel S -yr• -- I ]Reduce to $ paid-Up 1'articipati` Life Insurance: Convert to J IS ____-End='.-meat at age.-- } I5 Whole Life I l Reduce J J Convert to 5 ---- II The Benefit herein requested will become part of the contract, subject to all the provisions and amendments to the contract I soon acceptance by tike Society of this request form signed by thr -arson(s) hitvi:.g control of this coturuct. except that the following provisions relating to Suicide and Incontestability t shall apply as of the effective date of this Benefit. s SUICIDE if th° Insured shall die by suicide within two years of the cffcetive date of this Bencfit, the amount payable under this Benefit, as a nasult of death, is limited to the premiums actually paid in ca-h less any indebtedness. INCONTESTABILITY This Benefit shall be incontestable after it has been i« force during the lifetime of _he Insured for two years from tike effective date. except (1' 'or nonpaymen, -,f premiums and (2) ,IS tv any agreements providing benefits in event of total dis- ability or accidental death. LOST CONTRACT DECLARATION I fvfy contract is lost - please issue d.uplicttte. L[fcctice date:: - Presioi'tnt SURRENDER Cancel Contract and pay surrender value. it is understood insurance coverage ceases as of the data this form is properly signed. J ] The contract has been lost and cannot he return I J1e1-Cht' regiwsl hal the chn,tge(s) &rclic?tecl3nt[; be mucle. INSURED DATED ' L .o'er _NQ. ?GENT`. . It It insured is a miner. 'deir to "Cos' ?ttn`°tme., ihncomnluniy,prilMlYt L,ws. t4ntl .onlr:ICl is aSS13:ne{t', i0c £ ill-W Sign ?RL4n L t4?' srouu ,t pe rs.,n htrie FUR HOME OFFICE USE UNLYi 19 _. Signed foVShcllety a filinneapolis, Minnesota. Registrar Sccrctur, F; 732J 720214 30M t *1'-1*1WW` I + ? I ?a `v 1 i ^ K NIT i--API'LICATIGN to LUTfIEs03% BRO-HF H()OD, A Fraternal 1lonefit Seelelr, Legat Itescrrc Life Innnrauec, Mrincapolls, Alinnesola I• rmposal Insured Member (Print Full Nnme) ?y 9, Al1fOUNT OF II /9 e-.6 I'l OR Um: J? APPLIED FOR. ucmoeecc: Strut and Number ~--- 9 ?r Spa lc 3 f f?q Zr nfo .2 S T• 11. SELECT DIM] 1? City Zone State OPTION: 1A R,0* b u c q ?<f ? 1. Paid in cash h• 11fail premium not[cr1 to shove 60 or to: ? ? 3 Q• urchaprcrtlil Ruduce: Strcct and Number . Isclmid-i Iw1 S A..,...?.e__ s• c, l)ato of birth: 3 3 /Year S o e• Place of birth: City and Stale or C-211ntry N???fs6 u.e r ;°,a. i. bfaie (X) Single xemalc ( ) Illarricd DO 1Vidawcd ( ) ( ) Divorccd ( ) 6. a. Will nacc now -applied for repla I I any contract on lit'. Of pro??os?d insurrer No. ce [3 (if "Yet". exp1w. I, 13LTAI $ pn,cl Insured? 7!) ed Yes ar Nr b' Are you. applying now or have you applied within sir months to any other Company, ar Society for life insurance. (1r "'Yea^, none eamynnles, anauat and data la is) 9Ay u? Yea No l k¢ra`rnph 7• OCCUI'ATIp .elude exact duties. a• Any change contemphltcd? b Any Other job °r (tart-lime work? ? Yes Ly! No (rr (al or (b) ••Tes'. ex Igfn In DET ? Yes ? No AILS nc;atrrnpll N0. $• AVIATION . ' Are you now flying d a; a Mot, co-pilot, atu- eat pilot, or crewman of b any aircraft? ? yes DTo • Do you expect to be? o. Men were you Inst? [IRA, (a) er (b) nnswmod '•t'es^ or ,tutu or 4ISTer _ AETAI?ph Na, to) (e) annrered 11.11 a dnlc, arhlalu 18. DETA (Questions Oa, Ob, 7n, 7b, ga, eh ,and de} ?-" 13. Do you elect the Frernium Loan nri 14. BENEFICLI_ICY Primary // ?n Dq E. Ann, S.A. Qt)Y• lLo, b SFLI' 0T BENEIZTS ? Additfonnl Indemnity named a• Primary booeficiaries, the death to tl,a survivors or survivor unless other- Lail be true for Conting:nt Wive) boae(iciariea if . SPL•C"'"NSTRUCTIONS (Dating, Short Term, eta.) "04r C OFFICE ENDOItSEAU!!] (ForFiomeORice useonly) l0• I hen cligib[c under the Arti faiths or is affiliated cles at It zp• Church Um` which entitle to mcmbcrsltip: "any pcrsott I understand and agree With thaat Lutheran Ch Organization,' who has been baptized in the 'Lutitcran a• No contract shall taI o'cr7cct union and until the contract has been delivered and the first Premium pm during the li a good health o: tl,e proposed insurcll ?ctxpt w provided in the Conditional Rp $pC bearing viding a premium bas 6ccn paid and acept a cdgcd below and the CorditionF' a sabe c ion and h• T'he PLIftelled Conditi lCoript detached me number as this Application pro- ?oplied for contract. atoll Receipt is the only re xi Pt the rcpresentntive -tuthorixed to give for any paymcat made roan the Information disclosed to tut re and no waiver or rnodificst or shall bintdeLuttLanot bind le n Brothterhoodmutiless Ins ruin [ b.. Itellistrar of Lutheran Brotbmi,ood... To b?crt set out in writing in this upplicndad d. Any cotTCetj , yr addition noted in the apace for $omc OtEiec Endorsements shall g and signed by the Troyideut or Secretary and contract iss, ,; provided, that no change shall he made in amount, classification, plan of insurance, or benefits, llnles, n in uniting by ma before, or on delivery of such contract. be held to be ratified by my accep4lnco of the =1• I declare that ca:b of the Si'ced o answers ruq t in this appli cation (Part I) and the Declaration of Insurability (Part IO are repre- t"•1 sentations and are full and true and correctly recorded and shall be the basis of any contract issued hereon. 22- M_UM. ALL CIIECKS PAYABLE TO LUTHE In scUlernent of first ?_•u u . BAN 132tOTIIEIi$OOD: O Premium I have P tivo CJ n (U'a-S.A e.r•Ato) Paid the re, reseals ' ?, sh Dated at C?-re rn T`i_ ".7 A J .. ?" G• Lueneian Brotherhood UFE AF.-D HEALTH INSURANCE FOR LUTHERANS 761 s-,-r Av. sa.., min...w4n,, ml- 3370: ACCEPTANCE OF YUVEN:LE TERM To 18 COT TqTMJ1NG AS ENDOWMENT @85 uu`C- . CONTRACT NUMBER INSURED r= ADDRL•SS _-?L55 DATE._ 91 1. Premiums on the Endowment @85 are to be paid: $20.91 Annually - 579.05 [] Semi-,nnunlly - $41.11 C] Quarterly - 2. Unless otherwise reg62sted, Divf,ttud Option 113, Purcbnse Paid-Up Additions, wili he effective, 3. In place of the rudo*ment 963 plnn, I request: n. A 1959 CSO Contract for a face amount of LESS than $5,000. Q b. A 1958 CSO Contract for 35,001 of insurance with a higher premium. If elth 3a or 3a is yes, complete "Rcqun..st For Change Of Contract" form and return the C.hnnge Form anti this At.:eptance Form to the Home Offi•.c with Contract. C Amount of premium r-mitted with this agreement S- /? T • _ pared --19 • sent ?ir'?er C 3f 3 6 -/ Gene ML Agent Numhar INSTRUCTIONS 1. GENERAL AGENT Forwurd this form w the agent serving this insured - immedlatelyl 2. AGENT a. Dividend A $3.50 dividend v ill be olloaed upon the payment of rite first premium on this. contract end may be dc' ducted from the Ngal premiam submitted. No divtc'end is allowed on face amounts lest than $2500. ;h. Commissions, PFYC Credit and Insurance Credit: Will be paid and credited to the agent wh-1c name uppcars above, p•oviding that the policyholder teside'9 in the Gencral Agency of which the agent fa a raember. This form MUST be completed and payment rumitt46 to receive Commission and Production credit. c. Beneficiary if the beneficiary is to be different than shown on present contract, use "Request for Change of Bene- ficfaty and/or Name." d. Sneial Security Number If Dividend Option q4 is selected instead of H3, the Insured's Sr•t:al Security number must be forwarded to the Home Office. c. Adding Accidental Def u, 3cncfit: If A.DB is to be addc.; the (v. i?su,l procedure must be followed: 1. Complete Request for Change of Nome - Annual - $4.45; Office. Contract. 2. Complete Adult h, n1`h totem ent. 3. 1 Collect 2 and 3 with COnridid premium Semi-annuul -;12.31; Quarterly - , j,'.. r1511 1 +31 205 GY STA CRC q 4 9I& vz4C l I State Farm Insurance December 22, 2010 TuckerlArensberg Attorneys 111 North Front Street P.O. Box 889 Harrisburg PA 17108 _ RE:_Insure_d:_ Policy: Your No Horace M. Crum, Jr. LF 02145095 024853-139554 Dear Mr. Sheaffer: Companies STATE FARM n ©-45 INSURANCE O I have enclosed a sample copy of the policy which was cancelled on July 26, 1983. I have also enclosed copies of the cancelled checks for the surrender value as of the date it was cancelled. While we cannot calculate what the current value of this policy would have been at the time of death, we do know the prenuums were $137.00 annually and would have remained level until age 70. Since the policyw`,as cancelled so long ago, we no longer have records other than what I have provided. Please let me know if you have any further questions. Sincerely Del Chance, CLU, FLMI , CPCU Manager - Life/Health Claims State Farm Life Insurance NIL a '7 2010 State Farm Life Insurance Comoanv (Not licensed in-New York or Wisconsin) State Farm Life and Accident Assurance Company (Licensed in New York and Wisconsin) STATE FARM LIFE Insurance Comoanv 5TAT??E- FARM 954 I L tUSURAUCE INSURED POLICY NUMBER POLICY DATE HOME --OFFICE: BLOOMINGTON, ILLINOIS Guide to policy provisions PAGE Adjustment Date Options 11 Assignment 13 Beneficiary 7 Cash Value 14 Credits to Avoid Lapse 11 Definitions 2 Dividends Extended Term Insurance Grace Period Ownership 7 Payment of Premi 11 Policy Loans 12 Reduced Paid-Up Insu a R ei nstateAgliffik i and iums. Schedule and Value Settlement Methods The Application and Benefits Provisions, I found following page 16. aare s v a d See Form 7001 for The. Ow pages 5 through 14. AGE AMOUNT OF BASIC PLAN TOTAL INITIAL AMOUNT the ficiary of th to t plication un changed ol fnR ce Com rees to pay the insurance to the neficiary upon receipt of due eath, in accordance with the provisions a iovidgWy this' policy, beginning on the Policy rant consideration of the application and of the the s ifed premiums during the lifetime of the first,premium is due on the Policy Date. e Insurance Company has caused this policy to be on the Issue Date. r? Secretary President Registrar PLAN DESCRIPTION' Basic Plan provides a Whole Life Benefit. Premiums increased or Amount of Basic Plan insurance reduced on Adjustment Date. Schedules of Benefits and Premiums on page 3. Amounts of Insurance on page 5. Insurance payable on death. Annual Djvidends. Premiums payable for life unless policy previously paid up or endowed by. dividends. Definitions of Terms Additional Benefit. Any benefit, other than the Basic Plan, made a part of this policy and included in the Schedule of Benefits. Amount of Basic Plan. The amount of insurance on the life of the Insured provided by the Basic Plan and exclusive of any insurance provided by any Additional Benefits. Benefit Period Ends. The coverage ach benefit extends to, but does not include, the anniv of the Policy Date in the calendar year shown. Initial Amount. The amount of co e e effective date for each benefit. Insurance Amount. The unts of insur on the 'cated anniversaries of alic provided b Ian and any Addition xcl of Accidenta th Benefits, if any. Non-F eitur ues. values licy which are guar and etermined i e manner set forth within -For Provisions. Policy t ears, nniversaries. Policy. months, . years, an ni ies s e measured from the Policy a a le. Pr iums are payable from the effective to t sary of the Policy Date in the calendar year sho otal 1 Amount. The amount of insurance on the Policy n th ife of the Insured provided by the Basic Plan and ny iona.l Benefits, exclusive of Accidental Death Benefits, POLICY IDENTIFICATION INSURED JOHN DOE 35 AGE AMOUNT OF POLICY NUMBER 0,000.000 $20,000 BASIC PLAN TOTAL _ POLICY DATE JANUARY 15. 1970 $20.000 INITIAL AMOUNT • ISSUE DATE JANUARY 1 1970 1 POLICY CLASS SCHEDULES OF WILNEF P MIUMS ----- ------- -----.--- -- EDUL ITS - - - - - --------- --------- BENEFIT FORM DESCRiPTlOb1 i ITIAL UNT PERIOD ENDS ANNUAL PREMIUMS PREMIUM PAYA$LE 7051 BASIC PLAN 1 EE E ITH LIFE $378.20 TO 2006 (EXECUTIVE PRGTE ADJUSTMENT DAT 15. 20 OPTION 1: INSURA 0 00 $746 .40 2C06-LIFE OPTION 2: INSURAN $ . 378.20 . 20066-LIFE ----- ------- - -'- HEDULE OF PREMIUMS----- BEGINNING R P OF: 12 MONTHS 6 MONTHS 3 MONTHS 1 MONTH JANUARY JANUARY 006 $ 378.20 S 191.50 $ 97.05 $ 32.70 746.40 377.50 190.85 63.90 INITIAL PR OF 0 PR ES COVERAGE TO JANUARY 15. 1971 SCHEDULE OF INSURANCE AND VALUES --INSURANCE AMOUNT-- ON INSURED $20.000 20.000 20.000 20.000 20,000 20.000 -20.000 - -- 20.000 20,000 20.000 20.000 20,000 20.000 20,000 20.000 20,000 20.000 20,000 20,000 20.000 20,000 20,000 20.000 20.000 20.000 '20.000 1 20,000 20,000 20,000 20.000 ..20.000 20,000 20.000 20.000 20.000 20,000 20.000 20.000 20.000 20,000 20.000 20.000 20,000 20.000 20.000 20.000 20,000 7001 JAN 15. 1970 1971 1972 1973 .1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1.985 1966 1987 1988 7989. 199.01 1991' 1992 1993 1994 2009 2010 1995 1997 2000 2006 2007 2008 ---------NON-FORFEITURE VALUES--------- END OF CASH OR PAID-UP EXTENDED POLICY LOAN VALUE INSURANCE TERM INS YEAR DOLLARS DOLLARS YRS DAYS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 40.20 306.80 578.40 854.40 1,134.130 1 1.419.00 1.706.60 1,998.00 120 800 1.460 2.100 2:720 0 3 6 8 9 10 11 12 12 211 315 117 74 237 280 231 113 302 79 242 1 88 148 182 92.40 .00 22 'qQK828.80 A 2821 6,509 8.053.00 8.340.40 PAGE FIVE 3 3.fi0 , 3.40 7.757.00 8.:fi 17.60 2 8.882.80 ,30 9.134.20 31 9,369.00 32 9.584.40 33 9,777.00- 34 9,942.60 35 10.077.80 36 10,178.60 37 10,584.80 38 10.982.80 39 1 1 .374.80 40 11 ,760.60 AGE 60 7,757.00 AGE 62 8,340.40 AGE 65 9,134.20 AGE 71 10,178.60 AGE 72 10,584.60 AGE 73 10.982.80 NON-FORFEITURE FACTORS FIRST 10 YEARS NEXT 10 YEARS NEXT 16 YEARS THEREAFTER V. 60 9.240 9,680 10,120 10,540 10,1360 11,1 BO 1 1 ,460 1 1 ,740 12,000 12.220 12,440 12..640 12,800 12,960 13,080 13,1 BO 13,240 13,280 13.280 13.240 13,580 1,3 ,9,20 14.260 14,560 12.000 12,440 12.960 13,240 13,580 13,920 310.34320 356.60580 314.55460 629.10920 13 14 14 14 14 14 14 14 14 14 13 13 13 13 12 12 11 11 11 10 10 10 9 9 8 B 8 7 7 7 12 11 10 8 8 7 195 188 164 125 73 343 240 130 12 256 129 361 227 B6 307 159 4 214 49 248 74 17 '322 259 191 266 361 307 74 17 322 700125(51) PRINTED IN U.S.A. OWNERSHIP PROVISIO Owner. The Owner is as designated in the application for this policy unless otherwise provided by endorse- ment. The Owner shall, during the lifetime of the Insured, have the sale right to exercise every privilege and to receive every benefit under this policy, subject to the rights of any assignee of record and to the rights of any irrevocably designated Beneficiary. The Owner, subject to the rights of any assignee of record, may designate irrevocably as Beneficiary a natural person who is to take in his or her own right, and .thereafter the written consent of any irrevocably designated Beneficiary will be required for the exercise of any right available to the Owner under this policy. Change of Ownership. During the lifetime of the I cured the ownership of this policy may be char SETTLEMENT PROVISIONS Payment of Benefits. Any sump as an endowment or upon surrende payable to the Owner, ss othei by endorsement hereon. Snt upon the death of Ins d provided, on rt of .du Insured. Settlement company at mat II Vanypayab e maoe, erein Pdeath he I be made by the Beneficiary Designation. The nefTiary Designation is as specified in the applica ' for this policy unless otherwise provided by a ent on the Issue Date or subsequently changed as provided for in Change of Beneficiary Designation. The Beneficiary Designation shall consist of the identification of the Beneficiary or Beneficiaries and the method of settlement of the sum payable. If the applicable method of settlement is one sum, payment of the sum payable at the death of the tnsured shall be made to the Primary Beneficiary, if living; otherwise to the Successor Beneficiary, if living; other- wise to the Final Beneficiary, if living. If no Beneficiary survives the Insured, payment of the sum payable shall subject to the rights of any assignee of record, by written request to the company accompanied by this policy for endorsement. No change of ownership will take effect until endorsed on this policy by the com- pany, but when such endorsement is made the change will relate back to and be deemed effective as of the date the request was signed, whether or not the Insured is living at thee such endorsement is made. made o the endor? t itself, shat iciary. The rr o executors, 0 t will be subject to any pay- ion taken by the company t is made. A change of owner- e no of on the interest of o ceased Owner shall a trators, , or assigns of kss otherwise provided. ade to Lhe Owner, if living; otherwise to the ex- rs, administrators, or assigns of such Owner. If the applicable method of settlement is n.ot .one sum, settlement of the sum payable shall be made to the Primary Beneficiary, if living. If .at .an.y time there is no Primary Beneficiary living, any payment due shall be made to the Successor Beneficiary, if living. If at any time there is no living Primary or Successor Beneficiary, the then present value of any remaining guaranteed .payments on .th.e basis of compound interest at the rate of three per cent per annum shall be paid in one sum to the Final Beneficiary, if any; otherwise to the Owner, if living; otherwise to the executors or ad- ministrators of the last survivor of the Owner and all Beneficiaries. If at the death of the Insured there is more than one Beneficiary then entitled to share in any sum payable, then such sum shall be divided into equal shares, unless otherwise specified, among the persons ;Vvho are then entitled to payment, and each person's share shall be separately applied under the method of settle- ment for his or her benefit. If any Beneficiary entitled to a share shall die after such division, the then pres- ent value of such Beneficiary's share shall be divided FORM 7001 oarc ccvcni SETTLEMENT PROVISIONS (CONTINUED) equally among the other Beneficiaries then receiving payment, unless otherwise specified, and paid in one sum to such Beneficiaries. If children of any person are named as a class as Beneficiary, the designation shall include only lawful children born to or legally adopted by that person. The company may rely upon an affidavit by any Bene- ficiary relating to the date of birth, death, marriage ar remarriage, names and addresses and other facts con- cerning all Beneficiaries, and the company is hereby released from all liability in relying and acting upon the statements contained in such affidavit. Change of Beneficiary Designation. The Owner hi the sole right to change the Beneficiary Designation this policy during the lifetime of the Insured s e to the rights of any assignee of record and ,AL rights of any irrevocably designated Beneficiary. change shall take effect upon the receipt and reco by the company of a signed written equest in f satisfactory to the company, but records the change shall ralate back to and be cti? as of the date the request was signed, er the Insured is living at the he request or The company reserves the r for endorsement hange of A change of B ciary De any payment a or other acti pany before th d' e Beneficiary Desig ficiary Designation. ct A change of prior Bene- Optional Methods of Settl&jlff Settlement of any sum payable may be made in sum or in accordance with any of the following optional methods of settle- ment: 1. Interest. Retained by the company as a fund with payment of interest at the end of payment intervals. Payments of interest will be made annually unless more frequent payments are elected. Interest shall be payable at an effective rate of not less than three per cent per annum ($30.00 annually, $14.88 semi-annua.lty, 57.41 quarterly, $2.46 monthly for each $1,000 of the balance then retained by the company). Payment of the balance retained under this optional method of settlement may be made at any time subject to any limitation of withdrawal rights provided for by the Beneficiary Designation. The amount retained by the company may be withdrawn by the person entitled to payment in sums of not less than $100, unless otherwise provided. Regardless of thgd ment interval selected by the AINEW Owner or Ben yEiffy, if necessary tq bring the amount of each guaran inter es ayment So at least $20 per person entitl ent, the company may Chan Nbe payment al to a less frequent pay- ment al so that t grantee terest payment will ast $ 20; b th ual guaranteed do t equal ore 0 the Limitations prove sha applicab e. the absence of an electio a m ofement, this option shall xed Years Instalments. Payment in equal onth stalments at the end of monthly payment rvals fixed number of years according to the Years Instalments Table. A person entitled to 17Y shall have the right to withdraw the com- uted value of the unpaid instalments on the basis compound interest at the rate of :three per cent per inum, unless otherwise provided,' 3. Life Income. Payment in equal monthly instal- ments at the end of monthly payment intervals during the remaining lifetime of the payee, according to the Life Instalments Table for the sex and the age at last hirthday of the payee on the date this method of settlement becomes effective. The company reserves the right to require satisfactory evidence of age of the payee before making any payment under this method of settlement. A payee shall not have the right to com- mute any instalments under this method of settlement. 4. Fixed Amount Instalments. Payment in equal annual, semi-annual, quarterly, or monthly instalments of a fixed amount at the and of the specified payment intervals until the balance of the fund retained by the company, together with compound interest at an effec- tive rate of not less than three per cent per annum, is exhausted. The final payment shall equal the unpaid balance of the fund. The instalments must be at least $60 per annum- per $1,000 of the fund retained by FORM 7001, PAGE EIGHT 67020; PRINTED IN U.S.A. SETTLEMENT PROVISIONS (CONTINUED) the company. A person entitled to payment shall have the right to withdraw the unpaid balance of the fund retained by the company, unless otherwise provided. 5. Joint Life Income. Payment in equal monthly instalments at the end of monthly payment intervals while two payees live and, after the death of one, for the remaining lifetime of the survivor. The amount of monthly payment is to be determined according to the Joint Life Instalments Table for the sex and the --age at-iasi`-'birthday of each of the two payees on the date this method of settlement becomes effective. The company reserves the right to require satisfactory evidence of age of the payees before making any pay- ment under this method of settlement. A payee shat .not have the right to commute any ins-talments this method of settlement. 6. Other Settlement. Payment in any o that may be mutually agreed upon with th Commencement of Payments. The first paym methods of settlement 1, 2, 3; 4 ` shall b at the and of the first paymen Ili beginning of the first Settlement Ye under method of settle ent 6 shaNr7l first agreed upon date g o.nine. of the first Settle Participati the compai settlement mutation, such Beneficiary may designate a successor to his interests, to the exclusion of any Successor Beneficiary named by the Owner, and may as often as desired change the successor to his interests to receive any remaining balance of the amount retained by the company at the death of the Beneficiary by filing wity the company w rtten request therefor in such form as the company require. Settleme %ear. The Optional M Nad of the death %ature cach 3n a sary of such first settlement year for ar ament shall begin on the date red, or on the date this policy wment r is surrendered for tttle ear shall begin on tcon cept a erwise prescribed by law, no nt of i I'll r principal shall, in advance of payment company, be subject-to the debts, its, or engagements of any person entitled to nt, nor to any judicial process to levy upon or ghe same for payment thereof. ;upon-the death of the Insured or upon the maturity Nis policy as an endowment or upon its surrender for cash, the amount of any guaranteed payment pro- vided for under a method of settlement, other than the last payment, would be less than $20 per payee, im- mediate final settlement shall be made in one sum with the payee or payees who at the time of settlement would be entitled to the first such payment if living on the due date thereof. Election of Me )Ivy enefciary. After the death of the Insured rsettlement has been made, if the Benefsignated has an un- limited right of withdra any method of settle- ment or the right to a on ttlement, such Bene- ficiary may elect to receive payment in accordance with any of the methods of settlement, provided the amount of any stipulated payment would be not less than $20. If, at any time after payments or withdrawals have commenced under a method of settlement, any future guaranteed payment provided for, other than the last payment, would be less than $20 per payee, imme- diate final settlement shall be made in one sum with the payee or payees who are then living and who would be entitled, if living, to the next succeeding paymerrt. If an assignee of record, or a corporation, association, Change of Successor by Beneficiary. After the death partnership, trust, or estate is the payee, whether as of the Insured, if a Beneficiary entitled to any sum trustee or otherwise, the optional methods of settlement payable has an unlimited right of withdrawal or com- shall be available only with the consent of the company. I- rn-AW '7nm FIXED YEARS INSTALMENTS TABLE Method of Settlement 2 MONTHLY INSTALMENTS THAT 51000 WILL OBTAIN FOR NUMBER OF YEARS ELECTED No. of Years Elected Monthly Instalments No. of Years Elected Monthly Instalments No. of Years Elected Monthly Instalments No. of Years Elected Monthly Instalments No. of Years Elected Monthly Instalments No. of Years Elected Monthly Instalments 1 2 3 4 5 384.68 42.96 29.06 22.12 17.95 6 7 B .9 10 315.18 13.20 11.71 10,56 9.64 11 12 13 14 15 $8.88 8.26 7.73 7.28 6.89 16 17 18 19 20 s6.54 6.24 5.98 5.74 5.53 21 22 23 24 25 55.33 5.16 5.00 4.B5 4.72 26 27 28 29 30 $4.50 4.49 4.38 4.28 4.19 LIFE INSTALMENTS TABLE-Method of Settlement 3 Ape Aga Last Birthda Monthly Instalments for Li h fe Last htonthly Instalme nts for Li (a y t at $1000 Will Obtain Birthday that S1000 Will Obtain Life With 5 Years With 10 Years With 15 Years With 20 Years h With With With Male Female Certain Certain Certain Certain Male Female ife ears 10 Years 15 Years 20 Years ertain Certain Certain Certain 10 & Under 14 & Under 53.21 $323 $3.18 53.16 63.13 4 49 S 11 15 322 321 3.19 3.17 3.14 46 50 4 $4.28 $4.23 $4.16 54,06 12 15 3.23 3.23 3.21 3.18 3.15 47 51 . 4 44 4.35 42 4 4.22 4.11 13 17 3.25 3.24 3.22 3.20 3.17 48 52 . 4 51 . 9 4.28 4.16 14 18 3.26 325 324 3.21 3.18 , 4 59 4.34 4,22 - . 0 440 4.2 7 15 1 19 3.28 3.27 3.75 3.23 3.19 4 68 4 4 6 20 329 3.29 3.27 3.24 3.21 61 . 4 77 . 4 7 .58 4.47 433 17 21 3.31 3.30 3.28 3.26 3.22 52 56 . 4 86 . 4 4.66 4.54 4.39 18 22 3.33 3.32 3.30 3.27 324 53 57 . 4 9 3 4.75 4.52 4.44 19 23 3.35 3.34 3.^s2 3.29 6 54 58 . .93 4.84 4.69 4:51 5.03 4.93 4.77 4,57 20 24 3-37 3.36 3.34 3.31 5 59 21 25 3.39 3.38 3.36 3.33 BO 6._14 5-03 4.Bfi 4M 22 - 25 3.41 3.40 3.38 3 35 0 5.26 5.14 4.94 4.69 23 27 3.43 3.42 3 40 . 3 37 61 5.43 5,39 5.25 5.03 4.75 24 28 3.45. 3.44 . 3.42 . 3.39 3 69 62 5.57 5.52 536 5_12 4.82 . 63 6.72 5.66 5.48 5.22 4.88 25 26 29 30 3.47 350 3.47. 3.49 3.4 3.41 44 3 33 3 40 60 64 5.88 5.81 5.61 5.31 4.94 27 31 3.53 352 . 6 . 3 42 61 5 6.04 5,97 5.74 5.41 5.00 28 32. 3.55 3.54 . 3 45 6 6.22 6.13 5.88 5.51 5.06 29 33 3.58 3.57 3.5 3 . 47 67 6.41 6.31 6.03 5.61 5.11 . . Be 6.62 6.50 6.18 6.71 5 17 30 34 3.61 3.60 3.58 65 . 31 35 3,64 .63 3.61 3 66 69 B_84 6.71 6.34 5.81 5.22 32 36 3.68 3'54 3. . 3 56 67 70 7.07 6.92 6.50 5.91 5.25 33 37 3.71 3.67 3.6 . 69 68 71 7.33 7.15 6.67 6.00 5.30 34 38 3,75 1 3.67 2 69 72 7.60 739 6_84 6_10 534 35 39 3 79 73 7.89 7.55 7.02 6.19 5.38 36 40 . . 3.83 3. 3. 3.70 4 3 70 74 B.21 7.93 7.20 6.28 5.41 37 41 3.87 3. 3.82 . 3.72 71 72 75 8.55 8.22 7.38 6.36 5.43 38 42 .91 3.9 3.87 76 73 76 8.92 8.53 7.56 6.44 5.46 39 4 3.96 3.95 .991 1 8 . 77 9.32 8.85 7.75 6.51 5 47 . 74 78 9.75 9.20 7.93 6.58 . 5 49 40 4 4.01 3.99 3.90 75 79 . 41 4 4.06 4,05 3,95 3,88 76 10.22 9.56 8.11 6.63 5.50 42 46 4.1 0 4.00 3.92 77 BO 10,72 9.94 8.29 6.69 5.51 43 47 4. 4.05 3.97 78 81 11.27 10.34 8,46 6.73 5.51 44 48 4.1 4.10 4.01 79 82 11.87 10.76 8.62 -6.77 5.52 83 12.52 11.19 8.77 6.8D 5.52 80 & Over 84 & Over 13.22 11.64 8.91 5.82 5.52 JOINT LIFE INSTALMENTS TABLE-- Method of Settlement 5 JOINT MONTHLY INSTALMENTS FOR BOTH LIVES THAT S1000 WILL OBT AIN WITH SA ME AMOUN T TO LAST S URVIVOR F OR LIFE Age Male 35 40 45 Last 50 55 60 65 70 75 80 and Over Birthday Female 39 44 49 54 59 Male Female 64 69 - 74 79 84 and Over 35 39 53.52 40 44 3.58 53.58 3.67 $3.64 3 76 53.68 3 83 53.72 $3:74 s3.76 53.77 63.78 S3.78 45 49 3.64 3.75 . 3.87 . 3 93 3.83 4 07 3.92 3.95 3.98 3.99 4.00 5o 64 3.68 3.83 3.98 . 4.13 . 4 27 4.14 4 39 4.20 4.24 4.26 4.28 55 59 3.72 60 64 3 74 3.88 3 92 4.07 4.27 . 4.48 . 4,67 4.49 4.83 4.56 4 95 4.61 5 05 4.64 11 5 . 65 69 3.76 . 3.9'5 4.14 4 20 4.39 4 49 4.67 4.95 5.21 . 5.43 . 5.60 . 5.72 70 74 3.77 3.98 . 4.24 . 4.55 4.83 4.96 5.21 5 43 5.60 5 97 5.97 6.27 6.51 75 79 3.78 BO and Over B4 and Over 3.78 3.99 4 00 4.26 4 28 4.61 4 64 5.05 . 5.60 . 6.27 6.53 7.05 7.05 7_B3 7,49 8.66 This table illustrates joint ins4alments for . specimen a e . combin i . 5.11 5.72 6.51 7.49 8.66 9.91 as those in this table and may be obtaine g at ons only. Instalments for age combinatio d from the com ns not shown shall be determined on the same basis pany on re quest. FOR-I 7001. PAGE TEri 690201 PRINTED IN U.S.A. PREMIUM PROVISIONS Payment of Premiums. All premiums after the first are payable in advance at the home office of the company, or to an authorized agent of the company upon delivery of a receipt signed by the president, a vice-president, the secretary, or an assistant secretary, and counter- signed by.such agent. Premiums may be paid for twelve months, six months, three months, or one month as specified in the Schedule of Premiums on page three of this policy. The frequency of premium payment may be changed on any premium due date except as provided in the Waiver of Premium Disability Provisions, if any. Pay- ment to and acceptance by the company of a premium on a new frequency of payment shall constitute change in frequency for subsequent premiums. Adjustment Date Options. Either of the options is available as of the Adjustment 1I policy is then in force on a premium pa Option 1 shall automatically apply unless elects Option 2 by written re4ues. to the ca companied by this policy for en t n thirty-one days after the Adjustm 1. Increased Prem creased premium speci on page three, and h reduction in the Amou 2. Red Owner mz amounts as re and have this 11 Plan insurance equal to the in the Schedule of Benefits is elected, all non-forfe adjusted. pmerrm in me same e Adjustment Date Amount of Basic i amount specified e three. If this -option loan values shall be Grace Period. A grace period of thirty-one days shall be allowed following the due date for the payment, without interest, of any premium after the first. -During such grace period this policy shall remain in force but if a premium due on such due date is not paid before the end of such grace period this policy shall lapse, except as provided in Credits to Avoid Lapse and, if applicable, Automatic Premium Loan. If the death of the Insured occurs prior to the end of the grace period, any unpaid premium or balance FnRAA 7nm thereof, which is applicable to the policy month in vihich death occurs shall be deducted from settlement of the sum payable. Credits to Avoid Lapse. Any dividprid credits as de- fined in the Dividend Provisions of this policy shall be applied toward he payment of any premium unpaid ar the end grace period. If the total of such credits sh less than the unpaid premium, such credits s e applied as a pro Tata premium as of the due da-t the id premium and on the day immediately fo the last day of any pro rata ium payment od the u aid balance of such pre shall be nd le. A grace period all lowed for th t of such unpaid bal- as ided in Grace riod. of the I' of dividend credits shall be to the Ow d the Owner shall have a period nety days, from the due date of the unpaid pre- jin which to elect to have an available Non- re Provision made effective as of such due matic Premium Loan. This provision shall be it effect only if a written election has been made by the Owner and is on file with the company prior to the expiration of the grace period for an unpaid premiun or any unpaid balance thereof after application o Credits to Avoid Lapse. If this provision is in effect, any unpaid premium o unpaid balance shall be charged as an indebtednes against this policy provided that the unpaid amount i not greater than the maximum loan value, as define, in the Policy Loan Provisions, less any existing indebt edness on this policy. The automatic premium loa shall bear interest from the due date of the unpai premium or unpaid balance and shall be sub;ect t the same terms and conditions as provided in th Policy Loan Provisions of this policy. This provision shall not be effective if the maximul loan value, less any existing indebtedness on th policy, is insufficient to pay the unpaid premium t unpaid balance. The Owner may revoke the automat premium loan election at any time by written reque! but such revocation shall have no effect upon aut matic premium loans made prior to receipt of the wr ten request by the company. aA rv O even PREMIUM PROVISIONS (CONTINUED) Premium Refund on Death of Insured. The death benefit shall be increased by that portion of any pre- mium which has been paid for any period beyond the DIVIDEND PROVISION Annual Dividends. Annual dividends such as the com- pany may apportion shall be payable at the end of each policy year after the first while this policy is in force other than as dSctend-ed term insurance. The Owner may elect in writing that each dividend payable be applied under one of the following methods: ..1. Premium Payment. Applied toward the payment of premiums. 2. Paid-Up Addition. Applied to purchase a par- ticipating paid-up life insurance addition to this policy, the net value of which shall be not less than the 16 dend used to purchase such addition. 3. Dividend Accumulation. Left to accumulate compound interest at a rate not less th a ! ree per cen per annum. Dividend accumulations' under Credits to Avoid Lapse will be added Nlnsu. rt of, the sum payable at the death of thsurrender for cash; or they any .time. 4. Cash. Paid in The dividend me sequent dividend request for such Ic method 3 shall app POLICY LOAN PROVISION Policy Lcan. At any tirne while this policy is in force, other than as extended term insurance, the company, on proper assignment of this policy and on its sole security, will advance to the Owner any amount which is not greater than the maximum loan value, if any, less any existing indebtedness on this policy and any unpaid premium or balance thereof. At its option, the company may defer granting a loan under this pro- vision, other than to pay premiums on policies in this company, for a period not exceeding six months after a request for a loan has been received by the company. end of the policy month in -which the death of the Insured occurs. Dividend Credits. D' dend credits as used in this policy means the of any accumulated dividends under dividend od 3 and any current dividend available under nd met ds 1 or 3-as defined in Annual Dividends. 'aud-Up Po. Upon wr n election by the sure di credits, this ndorsed as cipating paid-up ;ve V cr its, if applied as a emiu y three per cent, are purchansurance in an amount differn the Amount of Basic L"e ce and the amount of reduced paid-up m available under the Non-Forfeiture Pro- id-up insurance shall be payable under itions as the insurance otherwise pro- Basic.P.lan. coon of Matured Endowment. This policy may be red as an endowment whenever the sum of any dividend credits and the cash surrender value of this policy shall equal the amount of insurance.th.en in force provided by the Basic Plan. Such endowment maturity shall be effective only upon written election by the Owner and the surrender of this policy and of any such dividend credits. All or any part of the loan may he repaid, with accrued interest on the amount so repaid, at any time while this policy is in force other than as extended term insurance. Whenever the total indebtedness to the com- pany on this policy exceeds the maximum loan value, this policy shall terminate thirty-one days after the company has mailed notice to the last known address of the Owner and the assignee of record, if any. Maximum Loan Value. The maximum loan value shall be that amount wh+ch, with interest at the rate of six FORPJ 7001 P;.GE TWELVE i? PRINTED IN U.S.A. POLICY LOAN PROVISIONS (CONTINUED) per cent per annum to the date on which the next pre- mium is due or, if no further premiums are payable, to the next anniversary of the Policy Date, equals, as of such date, the sum of the loan value and the present value of any existing paid-up life insurance additions. Loan values on anniversaries of the Policy Date are shown in the Schedule of Insurance and Values on page five of this policy. - Loan lnteres-- Interest on the loan shall accrue from day to day at the rate of six per cent per annum and GENERAL PROVISIONS The Contract. The policy consists of the E any amendments and endorsements, and tional Benefits included herein, together plication, a copy of which is attached her a part hereof at issue, and this policy co entire contract. All statements.'made by or of the Insured in applying for IkLs policy sl absence of fraud, be deemed Satioi warranties, and no statement s or be used in defense f a claim h contained i.n the appl Only an endorsement e president, t ecretary, the corn waive provisio of this policy. authority ake or modi the time fo or to bind the company representation or by giving o Change of Basic Plar by mutual agreement :3 anions or er per has the s contract, to extend waive any forfeiture, g any promise or eiving any information. sic Plan may be changed the company. Reinstatement. This policy may be reinstated within five years after the date of lapse if it has not been surrendered for its cash surrender value. Reinstate- ment is subject to (1 ) the payment of all overdue pre- miums with compound interest at the rate of six per cent per annum on such overdue premiums; (2) the .payment or re-establishment of any indebtedness exist- ing at the date of I.apse together with compound interest at the rate of six per cent per annum on such indebted- ness; and (3) receipt of evidence of insurability of the Insured satisfactory to the company. shall constitute an indebtedness to the company again: this policy as it accrues. Interest shall be payable o each anniversary of the Policy Date subsequent to th date of loan until such loan is repaid. If such intere,, is not paid when due it shall be added to and form part of the loan, and bear interest at the same rat( If at any <pa a total indebtedness to the compan on this cluding accrued interest, is equal t the maxan value, the accrued interest sha then be Iicy Any, r ebdness to the company c kIl bected from any settlement. gnment. T> 6mpany assumes no responsibili the validity or effect of any assignment of this polio no assignment will be recognized until a copy I s ssignment has been duly filed with the con pan assignment of this policy shall operate to tl tent thereof to transfer the interest of any Ben 1ka whom the assignor has the right to change, ar to render any part of the sum payable to which tl assignee is entitled payable in one sum, notwithstan ing any beneficiary designation in effect at the tin the assignment was executed. No assignment of th policy or any interest thereunder made after the dea of the Insured shall be valid unless the company co sents thereto. Age. This policy is issued at the age shown on pa. three, which is the Insured's age last birthday on t Policy Date according to the date of birth as given the application. If the Policy Date coincides with birthday of the Insured, the age shall be the Insure( age as of such birthday. If the date of birth of the ' sured has been misstated in the application, evE benefit accruing hereunder shall be such as the pi miums paid would have purchased at the correct a? Incontestability. The Basic Plan of this policy shall incontestable after it has been in force during I lifetime of the Insured for a period of two years fr( the Issue Date, except for non-payment of premiur and except-as to provisions and conditions relating waiver of premium benefits in the event of total c GENERAL PROVISIONS (CONTINUED) Each Additional Benefit included in the Schedule of Benefits on page three and made a part of this policy contains its own provision regarding incontestability. such event, however, the Beneficiary shall receive an amount equal to the premiums received hereon,. without interest. Suicide. The suicide of the Insured, while sane or insane, within two years from the Issue Date is a risk not assumed under the Basic Plan of this policy. In NON-FORFEITURE PROVISIONS Non-Forfeiture Values. A schedule of the non-forfei- ture values of this policy appears on 'page five. Values for policy years after the Adjustment Date are based on Option 1 of the Adjustment Date Options unless this policy is endorsed for election of Option 2. Cash values shown are as of. the end of the policy years indicate and such cash valuer provide the arnounts .of .paid-u insurance and the periods of extended term in nce appearing in the schedule. These values do not e allowance for any paid-up life insurance additio are subject to adjustment on account of any cred or indebtedness on this policy. Values- ny time ex at the end of a policy year shall ined on basis consistent with that described i s sions and with due allowance for any premiu i policy year then current. not appe in schedule will be furnished Cash Value. The sh value this t the of any policy en all p ums be paid shall b e then present of th ure guaranteed lif urance benefits ded by the Basic Plan and by an fit viding for non- forfeiture values, exc I've of xi g paid-up life insurance additions, less the pres value of the annual non-forfeiture factors for subs nt policy years. If any premium or balance th ue under this policy is unpaid, and less than ninety days have elapsed since the due date of such unpaid premium or unpaid balance thereof, the cash value shall be the same as on such due date. If this policy is being continued as extended term in- surance or as reduced paid-up insurance, and more than ninety days have elapsed since the effective date of such insurance, the cash value shall be equal to the present value of the future guaranteed life insurance benefits which otherwise would have been provided if Each Additional Benefit included in the Schedule of Benefits on page three and made a part of this policy contains its own provision regarding benefits in the event of suicide. such form. of ins e ontinued in force, except that i the case of s r within thirty-one days after a po nniversary th' h values 11 be determined as of s 6 nniversary. rren- Vii t the company at any Se of any paid-up life insurance additions bte•dness on :this policy. At its option, the defer any payment hereunder for a period eding six months after receipt of written re- the Owner and surrender of this policy. ? l ttten icy, tll Owner terminate and the and the surrender cash valuebe payable. The cash sur- lue shall be the-sum of the cash value and the ?e Extended Term Insurance. This provision is available only if this policy is in Policy Class I or II. Upon receipt by the company of this policy for endorse- ment and written request by the Owner prior to, or within ninety days after, the due date of any premium or balance thereof, if a cash surrender value is avail- able, the amount of death benefit provided by the Basic Plan under this policy, increased by the amount of any paid-up life insurance additions and any accumulated dividends and less any indebtedness to the company on this policy, shall be continued in force from such due date as non-participating extended term insurance. The period of the extended term insurance shall be such that the present value of the guaranteed benefits provided thereunder shall be equal to the cash sur- render value on such due date plus any otherwise unapplied current dividend available under dividend methods 1, 2, or 3 and any accumulated dividends under dividend method 3.. FORM 7001 PAGE FOURTEEN 690201 PRINTED IN U.S.A. NON-FORFEITURE PROVISIONS (.CONTINUED) This provision shall be automatically applied if any premium or balance thereof remains unpaid at the end of the grace period after application of any dividend credits in accordance with the Credits to Avoid Lapse provision and, if applicable, the-Automatic Premium Loan provision. Reduced Paid-Up Insurance. Upon receipt by the com- pany of this policy for endorsement and written request by the Owner prior to, or within ninety days after, the due date of any premiuwr or balance thereof, if a cash surrender value is available, a reduced amount of in- surance will be continued in force from such due date as participating paid-up life insurance. The reduced amount of insurance shall be such that the present value of the guaranteed benefits provided thereunder shall be equal to the cash surrender value on such due date. If this policy is in Policy Class III, this provision be applied automatically if any premium or ba thereof remains unpaid at the end of the grace pe after application of any dividend credits in accord with the Credits to Avoid Lapse'' -pr'ion . anc applicable, the Automatic Premium L on vided by this policy are not less than the minimum values and benefits which would result from use of the Standard Non-Forfeiture Value Method, interest at the rate of three per cent per annum, age last birthday, and the assumption that deaths during any policy year occur uniformly throughout that year, nor are such values and benefits less than the minimum values and benefits required by tWILgoverning law of the territorial jurisdiction in whi s policy is delivered. All present val eferred o in the Non-Forfeiture e . rest a rate of thr Provisions and the y L rovisions of this policy shall be computed on sis of the Commissioners 1958 and Ordinar rtality Ta e, except that extended insurance sh co don the basis om 'oners 1958 Term Insurance e Actuarial Basis term insurance, ..._ r r licy e er cent per annum , sumption that deaths formly throughout that net le premiums referred to in this policy shall comp n the basis of the Commissioners 1958 rd Or !Wry Mortality Table, interest at the rate t er cent per annum, age last birthday, and the ump that deaths during any policy year occur formly throughout that year. r f l STAT Insura, HOME OFFICE: I PLAN DESCRIPTION Basic Plan provides a Whole Life Benefit. Premiums increased or Amount of Basic Plan insurance reduced on Adjustment Date. Schedules of Benefits and Premiums on page 3. Amounts of Insurance on page 5. Insurance payable on death. Annual Dividends. Premiums payable for life unless policv Dreviously nairl im nr Qmrint-inH C) t. ? l - gull T Y I J rn 1 I bI Oi t -? N ? I` ? ?t i ^Y "s O . V i t Z' o- y - 7 ? f y f. - . f J - ' m Y F - N = F 2 U O N pY 5 'A Thrivent Financial for Lutherans- Securities offered through Thrivent Investment Management Inc., 625 Fourth Ave. S., Minneapolis, MN 55415-1665, 4321 N. Ballard Road, Appleton, WI 54919-0001 a wholly owned subsidiary of Thrivent Financial for Lutherans. Thrivent.com - 800-THRIVENT (800-847-4836) Member FINRA and SWC. March 15, .201 1 Dennis R Sheaffer Tucker Arensberg P C 1 1 1 N Front St Harrisburg PA 17108 Subject: Contract 0574046 Horace M Crum, Jr. Dear Mr. Sheaffer: We received your request for information as to what the death benefit would have been on the above life insurance contract as of October 1, 2008, if the premiums had been paid. You had also enclosed the $50.00 service fee for the historical values information and a subpoena for the information. We appreciate your patience while we obtained the information requested. The following should be of assistance. According to our calculations if all of the premiums had been paid through October 1, 2008, in the amount of $2,404.77, then the death benefit would have been calculated as follows: Guaranteed Death Benefit $ 5,000.00 Plus Paid-Up Additional Insurance Purchased from Dividend Cash Value $ 9,159.31 Minus Loan Principal & Loan Interest $ 0.00 Equals Total Death Benefit as of October 1, 2008 * $14,159.31 * This death benefit assumes that all of the premiums for this contract would have been paid out-of- pocket, no withdrawals or loans, and the contract remained in force. Thank you for the opportunity to be of service. If you have questions, please call our Customer Interaction Center at 800-847-4836. Sincerely, Jean Coon Life & Annuity Product Services Product Administration & Support Services jtc MAR a-1-?' 20 I BRIAN M. CRUM, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5736 CIVIL ACTION - LAW HORACE M. CRUM, Sr., EXECUTOR of The Estate of Horace M. Crum, Jr., JURY TRIAL DEMANDED Defendant, COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AFFIDAVIT OF JUDITH A. UBER 1. I, Judith A. Uber, was previously married to Horace M. Crum, Jr., (hereinafter "Decedent") from March 11, 1972 until December 8, 1976. 2. 1 was formerly known as Judith A. Crum. 3. The Decedent and I had one child as a result of our marriage. His name is Brian M. Crum and he was born on March 26, 1972. 4. The Decedent and I were divorced on March 8, 1976, but we entered into a Separation Agreement on December 11, 1975. 6. The Separation Agreement between myself and the Decedent dealt with support issues for myself and our son as well as marital property distribution issues. The Separation Agreement dealt with all the rights between myself and the Decedent as a result of my marriage. The Separation Agreement was drafted by Decedent's counsel. 7. As part of the marital property distribution set forth in the Separation Agreement, I was to receive as part of my distribution of marital assets, the value of the two whole life insurance policies, one with State Farm Insurance Company and the other with Lutheran Brotherhood Insurance Company (total face value of $25,000.00), as set forth in paragraph 9 of the Separation Agreement. 8. Valuable consideration, in the form of other marital assets, was given to the Decedent in exchange for my being given the aforesaid two whole life insurance policies. 9. The two whole life insurance policies identified in paragraph 9 of the Separation Agreement were given to me by my being named as the Beneficiary and Decedent being required to maintain those policies in full force and effect in perpetuity. Upon my divorce from Decedent, the insurance policies were distributed to our son, Brian M. Crum, by requiring that he be named Beneficiary of the policies and that those policies be maintained in full force and effect, without limitation as to time. Decedent was in agreement with his obligation as we intended to make our son the beneficiary of these assets as part of the Separation Agreement. 10. The term "minor child" as used in the Separation Agreement was intended by the parties only to be a reference to our son, Brian Marshall Crum. The use of the term "minor child" was not intended to limit any of the terms of the Separation Agreement applicable to our son. 11. The obligations of the Defendant set forth in paragraph 9 of the Separation Agreement were not intended to be additional support or maintenance for myself or our son, Brian M. Crum. 12. The obligations set forth in paragraph 9 of the Separation Agreement were intended by the parties to be a distribution of marital assets to me and then for our son's benefit. 13. It was the intent of the parties that the obligations set forth in paragraph 9 of the Separation Agreement were not to terminate upon occurrence of any event, in particular our son reaching the age of 18, as evidenced by the fact that there were no 2 particular conditions or events set forth in paragraph 9 of the Separation Agreement that would terminate the Decedent's obligations under paragraph 9. This is consistent with paragraphs 4, 5, and 6 of the Separation Agreement where the Decedent's obligation contained in each of those paragraphs terminated upon the happening of certain events and those events were listed in each paragraph. Judit. Uber SUBSCRIBED AND SWORN TO before me, this 071 (day of July, 2011. Notary Public saua{oN }o u0pepo2SV ajuenjisuued vagwaW Z?oZ'16 31% '1 ser!dx3 uoissjmwo3 RW f4unoo ui4dnea 'Bmga{ueH jo A{?? HBGD8:120754-1 024853-139554 ajjgnd NeWN '140)l V ue3pge0 IeaS OPTION MNVAU.SNN3d AO HI,ly3MNO1YW00 3 CERTIFICATE OF SERVICE AND NOW, this 21St day of July, 2011, I, Paulina Patti Thomas, Legal Secretary to Dennis R. Sheaffer, Esquire, for the law firm of Tucker Arensberg, P.C., attorneys for Defendant, hereby certify that I have this day served the foregoing document, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Neil W. Yahn, Esquire James, Smith, Dietterick & Connelly, LLP 134 Sipe Avenue Hummelstown, PA 17036 Attorney for Defendant (l' Paulina Patti Thomas HBGDB:120861-1 024853-139554 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant r-.'t 4 ,1311 AUG 1® 20 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded DEFENDANT'S MOTION IN LIMINE AND NOW comes the Defendant, HORACE M. CRUM, SR., as Executor of the Estate of Horace M. Crum, Jr., (herein "Defendant"), by and through his attorneys, JAMES, SMITH, DIETTERICK & CONNELLY, LLP, who hereby sets forth this Motion in Limine and in support thereof, Defendant avers as follows: FACTS AND BACKGROUND 1. The decedent, Horace M. Crum, Jr. (herein the "Decedent") died on October 1, 2008, a resident of Cumberland County, Pennsylvania. 2. During his lifetime, the Decedent was married to Judith Crum (now Judith Uber, herein "Judith") from March 11, 1972 until December 8, 1976. 3. Judith and the Decedent had one (1) child, namely Brain M. Crum (herein "Plaintiff') who was born on May 26, 1972. 4. The Decedent's Will was probated before the Register of Wills of Cumberland County and Letters Testamentary were granted to the Defendant as Executor on or about October 10, 2008. 5. On or about February 4, 2009, Plaintiff filed with the Clerk of the Orphans' Court a claim against the Estate wherein Plaintiff alleges the value of his claim is Twenty Five Thousand Dollars ($25,000.00). 6. Following the Notice of Claim, on or about August 19, 2009, Plaintiff filed a Civil Complaint before this Honorable Court (herein the "Complaint") alleging, inter alia, that Plaintiff was the third party beneficiary of a certain Separation Agreement by and between the Decedent and Plaintiff's mother, Judith, to which Decedent was to allegedly purchase and retain two life insurance policies (herein the "Policies") and name Plaintiff as the beneficiary thereof (a true and correct copy of the Separation Agreement is attached hereto and marked as Exhibit "A„ 7. The specific issue in the matter herein stems from Paragraph 9 of the Separation Agreement, which states, "[i]n the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child. The policies are: Whole life insurance policy with State Farm Mutual Insurance Company, the face amount being $20,000; and Whole life insurance policy with Lutheran Brotherhood Insurance Company, the face amount being $5,000" (emphasis added). 8. As such, the Decedent was to retain the Policies, designating Plaintiff as the beneficiary thereof, until Plaintiff reaches the age of majority, specifically on May 26, 1990. 2 9. However, Decedent surrendered the Lutheran Brotherhood Policy (now Thrivent Financial for Lutherans) in May of 1978. 10. Decedent also surrendered the State Farm Policy in July of 1983. 11. The Complaint alleges that because of Decedent's failure to obtain (or retain) the Policies, Plaintiff is owed the total value thereof namely, Twenty Five Thousand Dollars ($25,000.00) plus any and all accrued interest, dividends or other items that would have added value to the Policies had they not been surrendered. 12. Following discovery in this matter, on or about June 13, 2011 Defendant submitted his Motion for Summary Judgment pursuant to Pennsylvania Rule of Civil Procedure 1035. 13. As Defendant outlines in his Motion for Summary Judgment, by the plain language of the Separation Agreement itself, the Decedent was obligated to retain the Policies for the benefit of "solely the minor child" as a means of providing support to the child after the divorce in the event the Decedent passed away before Plaintiff reached the age of 18. 14. However, the Decedent did not die before Plaintiff reached the age of majority and on said date, namely May 26, 1990, the Decedent's obligation under Paragraph 9 (and all provisions) of the Separation Agreement ceased as Plaintiff was no longer a "minor child". 15. Moreover, there is no provision within the body of the Separation Agreement which requires the Decedent to retain the Policies in perpetuity nor provide for the Plaintiff thereunder beyond the age of majority. 16. The fact that the Decedent surrendered the polices prior to Plaintiff reaching the age of 18 is irrelevant because as of May 26, 1990, the Decedent was free to surrender the 3 Policies, cash them out, or keep them and change the designated beneficiary at his discretion because the "minor child" was no longer in need of the potential care. 17. In short, accordingly to plain language of the Separation Agreement, when the Decedent passed away on October 1, 2008, he was under no obligation to retain the Policies for the benefit of the Plaintiff. 18. On or about July 13, 2011, Plaintiff filed his Answer to Defendant's Motion for Summary Judgment and further filed his own Motion for Summary Judgment on or about July 21, 2011. 19. In support of his Answer and Motion for Summary Judgment, Plaintiff attaches an Affidavit (herein the "Affidavit") of his mother, Judith, which purportedly explains and interprets the provisions of the Separation Agreement, including Paragraph 9 (a true and correct copy of the Affidavit is attached hereto and marked as Exhibit `B"). 20. Defendant hereby submits the Motion in Limine herein to strike and disallow the submission of the Affidavit before this Honorable Court on the grounds of hearsay and inadmissible extrinsic evidence. HEARSAY OBJECTION 21. Rule 802 of the Pennsylvania Rules of Evidence provides that hearsay is not admissible except as provided by these rules, by other rules prescribed by the Pennsylvania Supreme Court, or by statute.. Pa. R.E. 802. 22. Hearsay is defined as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Pa. R.E. 801; Commonwealth v. Puksar, 559 Pa. 358, 740 A.2d 219, 225 (1999). 4 23. "The hearsay rule, which has long been recognized and respected by virtually every State, is based on experience and grounded in the notion that untrustworthy evidence should not be presented to the triers of fact." Commonwealth v. Bracero, 515 Pa. 355, 528 A.2d 936, 939. 24. "Out-of-court statements are traditionally excluded because they lack the conventional indicia of reliability: they are usually not made under oath or other circumstances that impress the speaker with the solemnity of his statements; the declarant's word is not subject to cross-examination; and he is not available in order that his demeanor and credibility may be assessed by the jury." Id. 25. For these reasons, our Supreme Court "has long adhered to the principle that the use of hearsay evidence is to be discouraged, and [the] policy against its use is generally recognized as particularly strong." Heddings v. Steele, 514 Pa. 569, 526 A.2d 349, 351 (Pa. 1987). 26. An affidavit is an out-of-court statement offered to prove the truth of the matter asserted and thus, an affidavit is inadmissible hearsay unless it is corroborated by other evidence or falls within an exception to the hearsay rule. Dale v. Philadelphia Board of Pensions and Retirement, 702 A.2d 1160 (Pa. Cmwlth. 1997), appeal denied, 556 Pa. 696, 727 A.2d 1123 (1998); Walker v. Unemployment Compensation Board of Review, 27 Pa. Commw. 522, 367 A.2d 366 (Pa. Cmwlth. 1976); Pa. R.E. 802. 27. The Affidavit of Plaintiff's mother is an out-of-court statement, not made under oath or subject to cross-examination, offered by Plaintiff to prove the truth of the matter asserted, namely the terms of the Separation Agreement, particularly Paragraph 9 therein. 5 28. By definition, the Affidavit is inadmissible hearsay and Plaintiff has failed to corroborate the Affidavit or provide an exception to the hearsay rule to allow of its submission before this Honorable Court. EXTRINSIC EVIDENCE 29. The Separation Agreement must be evaluated pursuant to Pennsylvania contract principles as our Courts have consistently held that property settlement agreements incorporated but not merged into divorce decrees are considered independent contracts, interpreted according to the law of contracts. See Nicholson v. Combs, 550 Pa. 23, 703 A.2d 407, 412 (Pa. 1997). 30. "A fundamental rule in construing a contract is to ascertain and give effect to the intent of the contracting parties." Mace v. Atlantic Refining Mktg. Corp., 567 Pa. 71, 785 A.2d 491, 496 (Pa. 2001). 31. "It is firmly settled that the intent of the parties to a written contract is contained in the writing itself. When the words of a contract are clear and unambiguous, the meaning of the contract is ascertained from the contents alone." Id. 32. Specifically, absent an obvious ambiguity, Pennsylvania Courts will only look to the "four corners" of the contract to determine the intent of the parties at the time of the agreement. 33. "When construing agreements involving clear and unambiguous terms, this Court need only examine the writing itself to give effect to the parties' understanding. The court must construe the contract only as written and may not modify the plain meaning of the words under the guise of interpretation. When the terms of a written contract are clear, this Court will not re- write it to give it a construction in conflict with the accepted and plain meaning of the language used." Vaccarello v. Vaccarello, 563 Pa. 93, 101; 757 A.2d 909, 914 (2000). 6 34. Further, "a written contract must be construed as a whole, and the parties' intentions must be ascertained from the entire instrument." Carosone v. Carosone, 455 Pa. Super. 450, 688 A.2d 733 at 735 (1997). 35. "When a written contract is clear and unequivocal, its meaning must be determined by its contents alone. It speaks for itself and a meaning cannot be given to it other than that expressed. Where the intention of the parties is clear, there is no need to resort to extrinsic aids or evidence. Hence, where language is clear and unambiguous, the focus of interpretation is upon the terms of the agreement as manifestly expressed, rather than as, perhaps, silently intended." Steuart v. McChesney, 498 Pa. 45, 49, 444 A.2d 659, 661 (1982) (quoting East Crossroads Center, Inc. v. Mellon-Stuart Co., 416 Pa. 229, 230-31, 205 A.2d 865, 866 (1965)). See also In re Estate of Breyer, 475 Pa. 108, 379 A.2d 1305 (1977); Litwack v. Litwack, 289 Pa.Super. 405, 433 A.2d 514 (1981). 36. In the matter sub judice, Paragraph 9 of the Separation Agreement specifically states, "[i]n the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child" (emphasis added). 37. The term "child", as defined by the Pennsylvania Domestic Relations Code, means "an unemancipated individual under 18 years of age." 23 Pa.C.S. § 5322. 38. Moreover, the recitals of the Separation Agreement, which outline the parties' intent and expectations therein, state "[h]owever, with regard to the rights of support and maintenance of Wife and child such provisions herein are agreed to in the context of the present 7 financial situation of the Husband and Wife and in consideration of the age of the child" (emphasis added) (see page 1 of the Separation Agreement attached as Exhibit "A").1 39. As such, Plaintiff's submission of the Affidavit as extrinsic and parole evidence should barred from admission before this Honorable Court. 40. Defendant, therefore, respectfully requests that this Honorable Court enter an Order striking the Affidavit of Plaintiff's mother from the record and further barring submission of the Affidavit before this Honorable Court. 41. Counsel for Plaintiff has been provided a copy of the Motion herein to which said counsel does not concur with the requested relief. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an order striking the Affidavit of Plaintiff's mother from the record and further barring submission of the Affidavit before this Honorable Court. Respectfully submitted, SMITH, DIETTERICK, CONNELLY, LLP Date: August 1 J 2011 By: it Warner ahn, Esquire ttorney I.D. 0.82278 P.O. Box 650T , PAX7033 (7 3 80 Attorneys for Defendant 1 By way of further example, Paragraph 4 of the Separation Agreement is another "child such provision" which outlines the financial support the Decedent is to provide to the minor child and is further indicative of the parties' intent to cease such support upon Plaintiff obtaining the age of 18. Paragraph 4 states, "[t]his amount to be paid by Husband shall terminate upon the happening of the following events: (a) Husband's or the child's death; (b) child's marriage; (c) child's adoption or emancipation coupled with removal from Wife's home; (d) custody of the child by husband; (e) attainment of age 18, unless [Plaintiff] is a full time student in an institution of higher learning" (emphasis added). 8 VERIFICATION PURSUANT TO PA R.C.P. No. 1024(c) NEIL WARNER YARN, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this verification as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he make this verification; and/or because the party for whom he makes this verification is outside the jurisdiction of the Court, and verification of none of them can be obtained within the time allowed for the filing of the pleading; and that he has sufficient knowledge or information and belief, based upon his investigation of the matter averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: `6 ?? (. Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded CERTIFICATE OF NON-CONCURRENCE Pursuant to the Cumberland County Local Rules, the undersigned hereby certifies that counsel for the Plaintiff, Dennis R. Sheaffer, Esquire, has been provided a true and correct copy of the Motion contained herein, as well as a copy of the Proposed Order, and said counsel does not concur in Defendant's Motion in Limine. Respectfully submitted, JAMES SMITH DIET?[ZICK & CONNELLY, LLP Date: '65 1v %I By: eil Warner Yahn, Esquire torney I.D # 82278 P. BS X0 Hers ey, PA 17033-0650 (717) 533-3280 Attorney for Defendant EXHIBIT A SEPARATION AGREEMENT THIS AGREEMENT executed in duplicate, made and/or affirmed on this WA day of UQ(2rythyl 1975, by and between JUDITH ANN CRUM, hereinafter called "Wife" and HORACE MARSHALL CRUM, JR., hereinafter called "Husband". WITNESSETH: WHEREAS, the said parties have been legally married and have dived as Husband and Wife in the said City of Harrisburg for a number of years, and certain differences have arisen between them which have caused the parties to determine that they can no longer continue the marriage relationship and cohabit as man and wife; and they now are living separate and apart from each other; and it is now the desire of both parties to finally and for all time settle and determine their property rights, rights of support and maintenance of their children, or dower rights, or rights in lieu thereof, together with any and all other rights between the said parties growing out of the marriage relationship. However, with regard to the rights of support and maintenance of Wife and child such provisions herein are agreed to in the context of the present financial situation of the Husband and Wife and in consideration of the age of the child. Such provisions may from time to time be modified as the parties may agree or a court may so order. NOW, THEREFORE, this agreement witnesseth: That the said parties hereto for and in consideration of their mutual promises herein made and. of the acts to be performed by the respective parties hereto, covenant and agree as follows: 1. That it shall be lawful for the parties hereto to continue to live separate and apart from each other, during the term of their natural lives; and that each of the said parties shall at all ?ti times live separate and apart from the other as if single and unmarried and may reside from time to time at such place or places, and may conduct, carry on and engage in any employment, business or trade that either shall deem fit, without any control, restraing or interference directly or indirectly by the other party hereto. 2., That neither party shall molest the other, nor compel the other to live with him or her by any legal proceeding or otherwise. 3. It is mutually agreed by the parties hereto that the custody of the child born of this marriage, to wit: Brian Marshall Crum, shall remain in Wife and-that the Husband shall have the right of visitation and temporary custody of the child a minimum of every other weekend, the exact hours of visitation to be mutually agreed upon between the parties hereto. In addition, Husband shall have the right to visitation and temporary custody on the fallowing holidays, to wit: Christmas afternoon and Father's Bay. In addition the following holidays the Husband shall have visitation and temporary custody on alternate years. The holidays are as follows: July 4th, Labor Day, Thanksgiving Day and New Year's Day and all other such holidays as agreed upon by the parties, to include the child's birthday. In addition, the Husband shall have an extended overnight visitation period with the child during his annual vacation period, the duration and particulars of such to be mutually agreed upon by the parties hereto. 4. Husband agrees to pay to Wife, through the auspices of the Dauphin County Non-Support Office, or such similar office, the sum of $50 per week for the support of the parties aforesaid minor child, Brian Marshall Crum. This amount to be paid by Husband shall terminate upon the happening of the following events: (a) Husband's, or the child's death; (b) child's marriage; (c) child's adoption or emancipation coupled with removal from ?wife's home; (d) custody of the child by husband; (e) attainment of age 18, unless Brian is a 2 full time student in an institution of higher learning, in such event Husband agrees to pay such support as the parties shall agree at that time, or if they are unable to agree, such amount as the court may deem fit and proper to assist. in the support of the child through such education. 5. Husband agrees to. pay to Wife, the sum of $30 per week for the support of Wife. This amount is to be paid by Husband and shall terminate upon the happening of the following events: (a) Husband or Wife's death; (b) divorce of the parties; (c)* mutual agreement of the parties; or, (d) by court order. 6. In addition to the aforesaid covenants of monetary support, Husband. agrees to maintain in force and payable Blue Cross, Blue Shield, or comparable medical health insurance for the aforesaid minor child and wife, said coverage for the wife shall terminate upon the. happening of the following events: (a) Husband or Wife's death; (b) divorce of the parties; (c) mutual agreement of the parties; or, (d) by court order. 7. Husband and Wife agree that the Jointly owned property at 2413 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, which has already in fact, been listed and agreed to be sold to third parties, will be sold and the proceeds available over and above all liens, encumbrances and settlement costs, will be divided equally between the parties hereto. 8. The household furnishings presently at 2413 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, shall be the property of the Wife with the exception of the selected personal property which will go to Husband. The personal property which shall go to the Husband is as follows: (a) living room furniture (b) bedroom furniture of husband, owned by husband prior to the marriage 3 (c) entertainment center (d) one-half of the kitchen utensils, pots and pans, etc. It is specifically agreed that the washer and dryer shall be retained by Wife on the Wife's covenant that she shall assume any and all payments for the purchase of same from the date.of this agreement. 9. Husband agrees to maintain in force the insurance policies listed below of which the Wife and minor child are beneficiaries and' to pay the premiums thereon. This provision shall continue in effect as long as Wife is living and remains married to Husband. In the event that the Husband and Wife do become divorced the Husband agrees to maintain in force the same insurance policies and pay the premiums thereon, at which time the beneficiary shall be solely the minor child. The polic5es are: (a) Whole life insurance policy-with State Farm Mutual Insurance Company, the face amount being $20,000. (b) Whole life insurance policy with Lutheran Brotherhood Insurance Company, the fact amount being $5,000. 10. It is agreed that the United States savings bonds presently in the name of the Husband and minor child shall be transferred to the name of the minor child and shall be delivered to the possession of Wife. 11. The Husband, in consideration of the execution of this agreement, accepts the terms of this agreement in full and complete settlement and release of all claims and demands of every kind or nature against the Wife, including all liability now or at any time hereafter existing or accruing, either on account of courtesy . or rights in lieu thereof, incident to the marriage relationship, intending thereby to relieve the Wife entirely from all personal claims and demands, and from any.that may hereafter attach, arising 4 t t' in any manner from the relationship of Husband and Wife and from all claim or interest whatsoever in any property, real, personal or mixed, which the said Wife may now own or may at any time hereafter hold or acquire any interest whatsoever in, either by devise, bequest, purchase or otherwise; it being understood that this settlement is a total and complete release of the said Wife by the Husband of all matters and charges whatsoever and that the said Husband shall after this settlement require nothing whatsoever of the said Wife as though the marriage relation had never existed between them. 12.. The Wife, in consideration of the execution of this agreement, accepts the terms cf this agreement in full and complete settlement and release of all claims and demands of every. kind or natu:^e against the Husband, including all liability now or at any time hereafter.existing or accruing, either on account of courtes;7 or rights in lieu thereof, incident to the marriage rela- tionship, intending thereby to relieve the Husband entirely from all personal claims and demands, and from any that may hereafter attach, arising in any manner from the relation of Husband and Wife and from all claim or interest whatsoever in any property, real, personal or mixed, which the said Husband may now own or may at any time hereafter hold or acquire any interest whatsoever in, either by devise, bequeath, purchase or otherwise; it being understood that this settlement is a total and complete release of the said Husband by the Wife of all matters and charges whatsoever and that the said Wife shall after this settlement require nothing whatsoever of the said Husband as though the marriage relation had never existed between them- 13. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless • 5 i -t Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 14. Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 15. Subject to the provisions of this agreement, each party has released and discharged, by this agreement does for himself or herself,, and his or her heirs, legal representatives, of and from all causes of action, claims, rights or demands, whatsoever in law or.equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 16. Except as herein provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property of the estate ofthe other as a result of the marital relationship, including without limitation, dower, eurtesy, statutory allowance, widow's allowance, right to take an intestacy rights to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual wiaver and relinquishment- of all such interest, rights and claims. 17. Nothing contained herein shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending 6 0 "N• any such suit. In the event any such actions are instituted or concluded, the parties shall be bound by all the terms of this agreement. The parties hereto agree that if either obtains a decree in divorce within six months of the date of this agreement, they shall provide, at no cost to the other party, a copy of said decree. 18. Subject to the provisions of this agreement each party hereto has released and discharged, by this agreement, does for himself, herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other from any and all causes of actions, claims, rights or demands whatsoever in law or equity, which each of. the parties ever had or .now has against the other, except any or all cause or causes of action for divorce or for breach of the within agreement. 19.. The_provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 20. This agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 21.. Modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Witness /L' L1 u AA.?J Witness rn dith Ann Crum Horace Mar hall Crum EXHIBIT B BRIAN M. CRUM, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5736 CIVIL ACTION - LAW HORACE M. CRUM, Sr., EXECUTOR of The Estate of Horace M. Crum, Jr., JURY TRIAL DEMANDED Defendant, COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AFFIDAVIT OF JUDITH A. UBER 1. I, Judith A. Uber, was previously married to Horace M. Crum, Jr., (hereinafter "Decedent") from March 11, 1972 until December 8, 1976. 2. 1 was formerly known as Judith A. Crum. 3. The Decedent and I had one child as a result of our marriage. His name is Brian M. Crum and he was born on March 26, 1972. 4. The Decedent and I were divorced on March 8, 1976, but we entered into a Separation Agreement on December 11, 1975. 6. The Separation Agreement between myself and the Decedent dealt with support issues for myself and our son as well as marital property distribution issues. The Separation Agreement dealt with all the rights between myself and the Decedent as a result of my marriage. The Separation Agreement was drafted by Decedent's counsel. 7. As part of the marital property distribution set forth in the Separation Agreement, I was to receive as part of my distribution of marital assets, the value of the two whole life insurance policies, one with State Farm Insurance Company and the other with Lutheran Brotherhood Insurance Company (total face value of $25,000.00), as set forth in paragraph 9 of the Separation Agreement. 8. Valuable consideration, in the form of other marital assets, was given to the Decedent in exchange for my being given the aforesaid two whole life insurance policies. 9. The two whole life insurance policies identified in paragraph 9 of the Separation Agreement were given to me by my being named as the Beneficiary and Decedent being required to maintain those policies in full force and effect in perpetuity. Upon my divorce from Decedent, the insurance policies were distributed to our son, Brian M. Crum, by requiring that he be named Beneficiary of the policies and that those policies be maintained in full force and effect, without limitation as to time. Decedent was in agreement with his obligation as we intended to make our son the beneficiary of these assets as part of the Separation Agreement. 10. The term "minor child" as used in the Separation Agreement was intended by the parties only to be a reference to our son, Brian Marshall Crum. The use of the term "minor child" was not intended to limit any of the terms of the Separation Agreement applicable to our son. 11. The obligations of the Defendant set forth in paragraph 9 of the Separation Agreement were not intended to be additional support or maintenance for myself or our son, Brian M. Crum. 12. The obligations set forth in paragraph 9 of the Separation Agreement were intended by the parties to be a distribution of marital assets to me and then for our son's benefit. 13. It was the intent of the parties that the obligations set forth in paragraph 9 of the Separation Agreement were not to terminate upon occurrence of any event, in particular our son reaching the age of 18, as evidenced by the fact that there were no 2 particular conditions or events set forth in paragraph 9 of the Separation Agreement that would terminate the Decedent's obligations under paragraph 9. This is consistent with paragraphs 4, 5, and 6 of the Separation Agreement where the Decedent's obligation contained in each of those paragraphs terminated upon the happening of certain events and those events were listed in each paragraph. Judit . Uber SUBSCRIBED AND SWORN TO before me, this how" day of July, 2011. 4? x( Ale? Notary Public 5011e10N }o uop21oos9y eluanlhSUuad'AqU V noz U gojun sandx3 uo199pu RW f4unoo ulydnep '5M9W'3H )o APO HBGDB:120754-1 024853-139554 o114nd KMoN '140% IV u?I?eO l"S 12ue{0N HINVAUSNN3d :J0 Hll`d3NWONN00 3 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 0 day of August, 2011, I, Neil Warner Yahn, Esquire, do hereby certify that I served a true and correct copy of the foregoing Motion in Limine upon the following by depositing the same in the U.S. Mail, first class postage pre-paid at Hershey, Dauphin County, Pennsylvania: SERVED UPON: Dennis R. Sheaffer, Esquire Tucker Arensberg, P.C. 1 I 1 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Plaintiff Gregory M. Kerwin, Esquire Kerwin & Kerwin 4245 Route 209 Elizabethville, PA 17023 Co-Counsel for Defendant NEIL W. I'?HN, ESQUIRE Attorney ID o. 82278 9 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, V. Plaintiff FILED-OFUCE C1 THE PPDTHONIOTAR'? 2Cl I SEP - I PM CUMBERLAND COUN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Civil Action Law Defendant Jury Trial Demanded DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW comes, the defendant, Horace M. Crum, Sr. (herein "Defendant"), as Executor of the Estate of Horace M. Crum, Jr. (herein the "Estate") by and through his attorneys, JAMES SMITH DIETTERICK & CONNELLY, LLP, who hereby presents this Response to the Motion for Summary Judgment filed by the Plaintiff and in opposition thereof Defendant avers as follows: 1. Admitted. 2. Denied. After a reasonable inquiry, Defendant is without sufficient information or facts to confirm or deny the exact length of the Decedent's marriage to Judith A. Crum. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that the Plaintiff filed a civil action against the Estate of the Decedent on or about August 19, 2009. The remainder of this paragraph contains legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, both the civil complaint and the Separation Agreement attached to Plaintiff s Motion as Exhibit "A" are writings which speak for themselves to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 6. The Separation Agreement attached to Plaintiff s Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 7. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff s Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, Plaintiff is attempting to use extrinsic evidence to interpret the provisions of the Separation Agreement, which is prohibited under Pennsylvania contract law when there is a fully integrated document, such as the Separation Agreement herein. Furthermore, Plaintiff was not a party to the Separation Agreement and therefore he has no direct knowledge of the terms, provisions, and definitions contained therein. 8. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff s Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further 2 answer, Plaintiff is attempting to use extrinsic evidence to interpret the provisions of the Separation Agreement, which is prohibited under Pennsylvania contract law when there is a fully integrated document, such as the Separation Agreement herein. Furthermore, Plaintiff was not a party to the Separation Agreement and therefore he has no direct knowledge of the terms, provisions, and definitions contained therein. 9. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff s Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, Plaintiff is attempting to use extrinsic evidence to interpret the provisions of the Separation Agreement, which is prohibited under Pennsylvania contract law when there is a fully integrated document, such as the Separation Agreement herein. Furthermore, Plaintiff was not a party to the Separation Agreement and therefore he has no direct knowledge of the terms, provisions, and definitions contained therein. 10. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff's Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, Plaintiff is attempting to use extrinsic evidence to interpret the provisions of the Separation Agreement, which is prohibited under Pennsylvania contract law when there is a fully integrated document, such as the Separation Agreement herein. Furthermore, Paragraph 4 3 specifically states, "[t]his amount to be paid by Husband shall terminate upon the happening of the following events: (a) Husband's or the child's death; (b) child's marriage; (c) child's adoption or emancipation coupled with removal from Wife's home; (d) custody of the child by husband; (e) attainment of age 18, unless [Plaintiff] is a full time student in an institution of higher learning" (emphasis added). These provisions are in addition to the specific recitals of the Separation Agreement, which apply to the entire document as a whole, which also state, "[h]owever, with regard to the rights of support and maintenance of Wife and child such provisions herein are agreed to in the context of the present financial situation of the Husband and Wife and in consideration of the age of the child" (emphasis added). 11. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff's Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, Plaintiff is attempting to use extrinsic evidence to interpret the provisions of the Separation Agreement, which is prohibited under Pennsylvania contract law when there is a fully integrated document, such as the Separation Agreement herein. Furthermore, Plaintiff was not a party to the Separation Agreement and therefore he has no direct knowledge of the terms, provisions, and definitions contained therein. 12. The letter attached to Plaintiff s Motion as Exhibit "B" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 4 13. The letter attached to Plaintiff s Motion as Exhibit "C" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 14. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiffs Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, the fact that the Decedent surrendered the polices prior to Plaintiff reaching the age of 18 is irrelevant because as of May 26, 1990, the Decedent was free to surrender the Policies, cash them out, or keep them and change the designated beneficiary at his discretion because the "minor child" was no longer in need of the potential care. In short, accordingly to plain language of the Separation Agreement, when the Decedent passed away on October 1, 2008, he was under no obligation to retain the Policies for the benefit of the Plaintiff. 15. The letter attached to Plaintiff s Motion as Exhibit "D" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 16. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff s Motion as Exhibit "A" is a writing which speaks for itself to which no responsive 5 pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 17. The letter attached to Plaintiff s Motion as Exhibit "E" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, the fact that the Decedent surrendered the polices prior to Plaintiff reaching the age of 18 is irrelevant because as of May 26, 1990, the Decedent was free to surrender the Policies, cash them out, or keep them and change the designated beneficiary at his discretion because the "minor child" was no longer in need of the potential care. As such, the alleged value of said policies on the Decedent's date of death is irrelevant because Plaintiff was no longer an intended beneficiary thereof. Moreover, Plaintiffs "calculation" of the amount payable on the State Farm Insurance Policy is disingenuous as it assumes unprovable facts related to the performance of the policy. As Plaintiff s Exhibit "B" specifically states, "we cannot calculate what the current value of this policy would have been at the time of death" (emphasis added). Therefore, assuming arguendo that Plaintiff s interpretation of the Separation Agreement is accurate, Plaintiff cannot prove damages greater than $25,000.00 as it relates to the State Farm Insurance Policy. 18. The letter attached to Plaintiff s Motion as Exhibit "F" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, the fact that the Decedent surrendered the polices prior to Plaintiff reaching the age of 18 is irrelevant because as of May 26, 1990, the Decedent was free to surrender the Policies, cash them out, or keep them and change the designated beneficiary at 6 his discretion because the "minor child" was no longer in need of the potential care. As such, the alleged value of said policies on the Decedent's date of death is irrelevant because Plaintiff was no longer an intended beneficiary thereof. Moreover, Plaintiff's "calculation" of the amount payable on the Thrivent Financial Insurance Policy is disingenuous as it assumes unprovable facts related to the performance of the policy. As Plaintiff's Exhibit "F" specifically outlines, the estimated amount payable of $14,159.31 assumes that additional insurance of $9,159.31 was purchased from the dividend cash values and further assumes that "all of the premiums for this contract would have been paid out-of-pocket, no withdrawals or loans, and the contract remained in force" (emphasis added). In addition, there is no provision within the Separation Agreement which would have restricted the Decedent from taking withdrawals for loans from the policies. Therefore, assuming arguendo that Plaintiff's interpretation of the Separation Agreement is accurate, Plaintiff cannot prove damages greater than $5,000.00 as it relates to the Thrivent Financial Insurance Policy. 19. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, Pennsylvania Rule of Civil Procedure 1035 is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 20. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, Pennsylvania Rule of Civil Procedure 1035 is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 7 21. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, Pennsylvania Rule of Civil Procedure 1035 is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. 22. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff's Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, according to the plain language of the Separation Agreement itself, the Decedent was obligated to retain the Policies for the benefit of "solely the minor child" as a means of providing support to the child after the divorce in the event the Decedent passed away before Plaintiff reached the age of 18. However, the Decedent did not die before Plaintiff reached the age of majority and on said date, namely May 26, 1990, the Decedent's obligation under Paragraph 9 of the Separation Agreement ceased as Plaintiff was no longer a "minor child". There is no provision within the body of the Separation Agreement which requires the Decedent to retain the Policies in perpetuity nor provide for the Plaintiff thereunder beyond the age of majority. The fact that the Decedent surrendered the polices prior to Plaintiff reaching the age of 18 is irrelevant because as of May 26, 1990, the Decedent was free to surrender the Policies, cash them out, or keep them and change the designated beneficiary at his discretion because the "minor child" was no longer in need of the potential care. In short, accordingly to the plain language of the Separation Agreement, when the Decedent passed away on October 1, 2008, he was under no obligation to retain the Policies for the benefit of the Plaintiff and therefore, Plaintiff has not sustained any damages as a result of the Decedent's alleged breach of the Separation Agreement. In the alternative, assuming arguendo that Plaintiff s interpretation of the Separation Agreement is accurate, Plaintiff cannot prove damages greater than $5,000.00 as it relates to the Thrivent Financial Insurance Policy and $25,000.00 as it relates to the State Farm Insurance Policy as both Plaintiff s Exhibit "B" and "F" assume unprovable facts concerning the performance of the policies (see Defendant's Responses to Paragraphs 17 and 18 herein). 23. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff s Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, "[w]hen construing agreements involving clear and unambiguous terms, this Court need only examine the writing itself to give effect to the parties' understanding. The court must construe the contract only as written and may not modify the plain meaning of the words under the guise of interpretation. When the terms of a written contract are clear, this Court will not re- write it to give it a construction in conflict with the accepted and plain meaning of the language used." TVaccarello v. TVaccarello, 563 Pa. 93, 101; 757 A.2d 909, 914 (2000). Further, "a written contract must be construed as a whole, and the parties' intentions must be ascertained from the entire instrument." Carosone v. Carosone, 455 Pa. Super. 450, 688 A.2d 733 at 735 (1997). As such, Plaintiff s submission of the testimony of his mother, Judith Uber (Exhibit "G" to Plaintiff s Motion), before this Honorable Court is an attempt to have this Court review extrinsic and inadmissible evidence under Pennsylvania contract law. "When a written contract is clear 9 and unequivocal, its meaning must be determined by its contents alone. It speaks for itself and a meaning cannot be given to it other than that expressed. Where the intention of the parties is clear, there is no need to resort to extrinsic aids or evidence. Hence, where language is clear and unambiguous, the focus of interpretation is upon the terms of the agreement as manifestly expressed, rather than as, perhaps, silently intended." Steuart v. McChesney, 498 Pa. 45, 49, 444 A.2d 659, 661 (1982) (quoting East Crossroads Center, Inc. v. Mellon-Stuart Co., 416 Pa. 229, 230-31, 205 A.2d 865, 866 (1965)). See also In re Estate of Breyer, 475 Pa. 108, 379 A.2d 1305 (1977); Litwack v. Litwack, 289 Pa.Super. 405, 433 A.2d 514 (1981). As such, Defendant objects to Plaintiff's use of the testimony of Judith Uber at trial, should this matter proceed beyond Summary Judgment. 24. The averments of this paragraph contain legal arguments and/or conclusions of law to which no responsive pleading is required. Moreover, the Separation Agreement attached to Plaintiff's Motion as Exhibit "A" is a writing which speaks for itself to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, see Defendant's response to Paragraph 23 above with regards to Plaintiff's improper use of extrinsic evidence, including Plaintiff's Exhibit "G". 25. The averments of this paragraph are legal arguments and/or conclusions of law to which no responsive pleading is required. To the extent a response is necessary all averments and allegations contained therein are specifically denied. Strict proof is demanded at trial. By way of further answer, see Defendant's response to Paragraph 23 with regards to Plaintiff's improper use of extrinsic evidence, including Plaintiff's Exhibit "G". 10 WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order which denies Plaintiff's Motion for Summary Judgment, grants Summary Judgment in the favor of the Defendant, and dismisses Plaintiff's Complaint with prejudice. Respectfully submitted, Date: 131 1(( JAMES, SMITH, DIETTERICK & CONNELLY, LLP Neil . Y Atto Veyl. . No. 82278 134 enue Humn, PA 17036 (717) 533-3280 Attorney for Defendant 11 VERIFICATION PURSUANT TO PA R C P No 1024(c) NEIL WARNER YAHN, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this verification as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he make this verification; and/or because the party for whom he makes this verification is outside the jurisdiction of the Court, and verification of none of them can be obtained within the time allowed for the filing of the pleading; and that he has sufficient knowledge or information and belief, based upon his investigation of the matter averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 3 NEIL WARVEk YAHN, ESQUIRE Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff V. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing, Defendant's Response to Plaintiff's Motion for Summary Judgment, upon the following below- named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this ? day of August, 2011. SERVED UPON: Dennis R. Sheaffer, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY, LLP ?U ?. By: NEIL W. 'AHN, ESQUIRE > No. 82278 PRAECIPE FOR I_ISTIN±G CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) -------------------------------------•------------------------- ------------- CAPTION OF CASE (entire caption must be stated in full) _ Brian M. Crum, Plaintiff - - r-n [o t/) ,. Fri ? Fn 71 vs., r- - . ?> c.ry Horace M. Crum, Sr., Executor of the Estate of Horace M. i- --d ' Crum, Jr., Defendant C-) 09-5736 Civil CD err= No. ' 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurre?to . ?71 complaint, etc.): Defendant's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Dennis R. Sheaffer, Esq., Tucker Arenberg PC, 111 N. Front Street, Harrisburg, Pa 17108 (Name and Address) (b) for defendants: Neil W. Yahn, Esq., James, Smith, Dietterick & Connelly, LLP, PO Box 650, Hershey, Pa 17033 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 7, 2011 . _J Signatyt e Nei . Yah Esquire int your na e Defendant A 09/14/11 Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 14 411? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Brian M. Crum, ,^-) _ P113 -V z ? r -. VS. . rriCo Zrr, Col) Horace M. Crum, Sr., Executor of the Estate of Horace M. $? 3 r-• Crum, Jr. No 09-5736 Cn Civil ? er -S --4 ZZ 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demupe o rV CD (Z) r complaint, etc.): Plaintiffs Motion for Summary Judgment - ;77 2. Identify all counsel who will argue cases: (a) for plaintiffs: Dennis R. Sheaffer, Esquire, Tucker Arensberg, P.C. (Name and Address) 111 North Front Street, Harrisburg, PA 17101 (b) for defendants: Neil W. Yahn, Esquire, James, Smith, Dietterick & Connelly, LLP (Name and Address) 134 Sipe Avenue, Hummelstown, PA 17036 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 7, 2011 Print your name Plaintiff Date: September 2011 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE AND NOW, this 14th day of September, 2011, I, Paulina Patti Thomas, Legal Secretary to Dennis R. Sheaffer, Esquire, for the law firm of Tucker Arensberg, P.C., attorneys for Defendant, hereby certify that I have this day served the foregoing document, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Neil W. Yahn, Esquire James, Smith, Dietterick & Connelly, LLP 134 Sipe Avenue Hummelstown, PA 17036 Attorney for Defendant Paulina Patti Thomas H BG DB:122000-1 024853-139554 i§uperior (Court of Veunoptbauia Karen Reid Bramblett, Esq. Middle District Pennsylvania Judicial Center P.O. Box 62435 Prothonotary Milan K. Mrkobrad, Esq. 601 Co mmonwealth Avenue, Suite 1600 Deputy Prothonotary Harrisburg, PA 17106-2435 December 8, 2011 (717) 772-1294 www.supcnor.court.state.Pa.us Buell, David D. Prothonotary Cumberland County Courthouse L=- 1 Courthouse Square Carlisle, PA 17013 RE: Brian M. Crum Appellant C- -31 ' - V. Horace M. Crum, Sr., Executor of The Estate of Horace M. Crum, Jr. 2155 MDA 2011 Trial Court Docket No: 09-5736 Dear David D. Buell: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Milan K. Mrkobrad, Esq. Deputy Prothonotary /alv Enclosure 2:33 P.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 2155 MDA 2011 Page 1 of 2 Secure December 8, 2011 CAPTION Brian M. Crum Appellant V. Horace M. Crum, Sr., Executor of The Estate of Horace M. Crum, Jr. CASE INFORMATION Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: December 8, 2011 Awaiting Original Record Journal Number: Case Category: Civil Case Type(s): Civil Action Law CONSOLIDATED CASES RELATED'CASES SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: December 22, 2011 Next Event Type: Original Record Received Next Event Due Date: February 6, 2012 COUNSEL INFORMATION Appellant Crum, Brian M., Jr. Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Sheaffer, Dennis Richard Bar No: 039182 Law Firm: Tucker Arensberg, P.C. Address: 2 Lemoyne Drive Lemoyne, PA 17043 Phone No: Fax No: Receive Mail: Yes Receive EMail: No Appellee Crum, Horace M., Sr. Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Yahn, Neil Warner Bar No: 082278 Law Firm: James, Smith, Dietterick & Connelly, L.L.P. Address: 134 Sipe Ave Hummelstown. PA 17036 Phone No: (717) 533-3280 Fax No: (717) 533-7771 Receive Mail: Yes Receive EMail: Yes EMail Address: nwy@jsdc.com 2:33 P.M. Appeal Docket Sheet Docket Number: 2155 MDA 2011 Page 2 of 2 December 8, 2011 FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 12/08/2011 Notice of Appeal 73.50 12/08/2011 2011-SPR-M-001073 73.50 Superior Court of Pennsylvania Secure Awarno uTRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: November 8, 2011 Judicial District: 09 Documents Received: December 8, 2011 Notice of Appeal Filed: December 7, 2011 Order Type: Order Entered OTN(s): Lower Ct Docket No(s):09-5736 Lower Ct Judge(s): Hess, Kevin A. President Judge inal Record Item ORIGINAL RECORD' CONTENT Filed Date Content Descri Date of Remand of Record: None None DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type Filed By December 8, 2011 Notice of Appeal Docketed Appellant Crum, Brian M., Jr. BRIEFING SCHEDULE December 8, 2011 Docketing Statement Exited (Civil) Middle District Filing Office 4 i CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Superior Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: BRIAN M. CRUM, JR. Vs. HORACE M. CRUM SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR. 2009-5736 CIVIL TERM 2155MDA2011 The documents comprising the record have been numbered from No. 1 to 287, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 02/02/2012. -)/ /'?j Bu 1, Prothonotary li?)A- Alma Kostjerevac, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title RECORD FILED IN SUPERIOR COURT F MIDDLE