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HomeMy WebLinkAbout10-2064FILED-0- CE IN THE COURT OF COMMON PLEAS OFE''!OTARY CUMBERLAND COUNTY, PENNSYLVAN1410 MAR 24 Ph 1: 16 Allstate Life Insurance Company 3100 Sanders Road Suite M2 Northbrook, IL 60062-7154 Plaintiff, Court of Common Pleas of Cumberland County V. Civil Action Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 Case No. ID - ADW alivil ? arrn and Eva M. Laird 801 North Hanover Carlisle, PA 17365, Defendants. NOTICE TO DEFEND PURSUANT TO Pa.R.C.P.1018.1 and LOCAL RULE 1018.1-1 TO: Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days from service hereof by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the New Matter or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. r's PHLIT/ 1252571.2 4qa. oo PlrS A77ti1 0xv laoogry P-# a39395 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania Tel. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Allstate Life Insurance Company 3100 Sanders Road Suite M2 Northbrook, IL 60062-7154 Plaintiff, Court of Common Pleas of Cumberland County V. Civil Action Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 Case No. and Eva M. Laird 801 North Hanover Carlisle, PA 17365, Defendants. NOTICE TO DEFEND PURSUANT TO Pa.R.C.P. 10181 and LOCAL RULE 1018.1-1 TO: Eva M. Laird 801 North Hanover Carlisle, PA 17365 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days from service hereof by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the New Matter or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHLIT/ 1252571.2 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania Tel. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Allstate Life Insurance Company 3100 Sanders Road Suite M2 Northbrook, IL 60062-7154 Plaintiff, V. Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 and Eva M. Laird 801 North Hanover Carlisle, PA 17365, Defendants. Court of Common Pleas of Cumberland County Civil Action Case No. COMPLAINT FOR INTERPLEADER Plaintiff, Allstate Life Insurance Company ("Allstate Life"), through its undersigned attorneys, hereby files this Complaint for Interpleader against Defendants, Ronald M. Laird ("Ronald Laird") and Eva M. Laird ("Eva Laird") (collectively, "Defendants"), and in support thereof, avers as follows: PARTIES 1. Allstate Life is organized under the laws of the State of Illinois and is authorized to do business in the Commonwealth of Pennsylvania. PHLIT/ 1252571.2 2. Upon information and belief, Ronald Laird is an adult individual residing at 7815 Carlisle Road, Wellsville, PA 17365. Upon information and belief, Ronald Laird is the surviving son of the decedent Walter A. Laird ("Walter Laird"). 3. Upon information and belief, Eva Laird is an adult individual residing at 801 North Hanover, Carlisle, PA 17365. Upon information and belief, Eva Laird is the surviving spouse of the decedent Walter Laird. JURISDICTION AND VENUE 4. This Court has personal jurisdiction over the Defendants because each of them resides in the Commonwealth of Pennsylvania. 5. This is an action seeking a determination regarding the parties' respective rights to receive the proceeds of an annuity issued by Allstate Life and owned by Walter Laird. 6. Venue is proper in this Court pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure because one or more of the Defendants reside(s) in this county and a transaction or occurrence took place in this county out of which the cause of action arose. FACTS 7. On or about June 28, 2005, Walter Laird purchased a flexible premium, fixed annuity from Allstate Life. A redacted copy of the annuity, contract number GA19362482 ("the Annuity"), is attached hereto as Exhibit A. 8. At the time the Annuity was issued, Walter Laird designated Eva Laird as the Annuity beneficiary. See Exhibit A. 9. On December 2, 2009, Allstate Life received a faxed beneficiary designation form from Ronald Laird, which requested that he be designated as the Annuity beneficiary. A redacted copy of the Beneficiary Designation Form is attached hereto as Exhibit B. 10. Ronald Laird contends that he was granted the authority to make this beneficiary designation pursuant to a Power of Attorney dated December 16, 1982, which allegedly was executed by Walter Laird (the "Power of Attorney"). The Power of Attorney is attached hereto as Exhibit C. 11. Walter Laird died on December 4, 2009. 12. Shortly after Walter Laird's death, Ronald Laird asserted a claim for the Annuity proceeds. Ronald Laird contends that he had authority to designate himself as the Annuity beneficiary pursuant to the Power of Attorney. He further asserts that Walter Laird's designation of Eva Laird as the Annuity beneficiary was the result of undue influence, and that Walter Laird intended the Annuity proceeds to go to Ronald Laird and Ronald Laird's sister. He further contends that a Post Nuptial Agreement between Walter Laird and Eva Laird precludes Eva Laird from recovering the Annuity proceeds. 13. On or about January 11, 2010, Eva Laird submitted a claim for the Annuity proceeds. A redacted copy of Eva Laird's Claim Form is attached hereto as Exhibit D. Eva Laird disputes Ronald Laird's claim to the Annuity proceeds. 14. Allstate Life is uncertain as to the proper payee with respect to the Annuity proceeds. 15. If Allstate Life pays the Annuity proceeds to Ronald Laird or Eva Laird, Allstate Life risks having to pay the Annuity proceeds twice. INTERPLEADER CLAIM 16. By way of this interpleader claim, Allstate Life seeks certainty regarding the Defendants' respective rights to receive the Annuity proceeds. IT Allstate Life is prepared to pay the Annuity proceeds into the Court pending the resolution of this action. 18. Based on the foregoing, there is presently an actual, justiciable controversy between and among the parties hereto. 19. Allstate Life is an innocent stakeholder, claims no title to or interest in the Annuity proceeds, and makes this interpleader claim in good faith. 20. Unless potentially adverse and conflicting claims to the Annuity proceeds are resolved in a single proceeding pursuant to an appropriate court order, Allstate Life is subject to multiple litigation and is at substantial risk of suffering multiple liability and/or inconsistent rulings as to its liability for the Annuity proceeds. 21. Allstate Life reserves the right to defend all remaining claims against it, if any, once an appropriate court order is entered regarding the proper beneficiary of the Annuity proceeds, or in the event that the requested interpleader relief is not granted. WHEREFORE, Plaintiff respectfully requests the Court to: (a) order Defendants to assert in this action their respective claims to the Annuity proceeds without further involvement of Allstate Life; (b) order Allstate Life to pay into Court the Annuity proceeds; (c) direct and declare the respective rights of Defendants to the Annuity proceeds, and direct and declare to whom the Annuity proceeds are to be made; (d) discharge Allstate Life from any and all liability in connection with, arising out of, or relating to, the Annuity proceeds as to any and all persons and entities; (e) enjoin and restrain Defendants from commencing any other proceedings in any state or United States court against Allstate Life on account of the Annuity proceeds and to assert in this action any claims to the same; (f) grant Allstate Life its reasonable attorneys' fees and costs in this matter to be deducted from the Annuity proceeds; and (g) grant any such other and further relief as this Court deems appropriate. Lisa D. Stern PA Id. No. 56005 Macavan A. Baird PA Id. No. 204130 DRINKER BIDDLE & REATH LLP 1000 Westlakes Drive, Suite 300 Berwyn, PA 19312 610-993-2200 610-993-8585 (Facsimile) Attorneys for Plaintiff Allstate Life Insurance Company VERIFICATION I, Macavan Baird, hereby state that I am authorized to make this verification on behalf of Allstate Life Insurance Company, which has its principal places of business outside of this Commonwealth, and that the statements contained in the foregoing Complaint for Interpleader are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authority. Date: Macavan Baird CERTIFICATE OF SERVICE I, Macavan Baird, hereby certify that, on this date, I caused a true and correct copy of the foregoing Complaint for Interpleader to be served on Defendants by first-class U.S. mail, postage prepaid, at the following addresses: Thomas E. Miller Miller & Shultis 249 York Street Hanover, PA 17331 Attorneys for Defendant Ronald M. Laird Mark A. Mateya Mateya Law Firm, PC P.O. Box 127 Boiling Springs, PA 17001 Attorney for Defendant Eva M. Laird Dated: March 23, 2010 Macavan Baird EXHIBIT A PC Allstate. IMPORTANT NO THE ENCLOSED IS A DUPLICATE.COPY OF YOUR CONTRACT. IT IS BEING FURNISHED TO YOU BY ALLSTATE LIFE INSURANCE COMPANY BECAUSE YOU HAVE REQUESTED A COPY OF YOUR ORIGINAL CONTRACT. THE PROVISION ENTITLED 'WCTHT TO CANCEL YOUR CONTRACT" ON PAGE I OF THE CONTRACT DOES NOT APPLY TO THIS DUPLICATE COPY. YOU HAVE ALREADY RECEIVED YOUR ORIGINAL CONTRACT. Allstateinsurance Company 300 Mihmaukee Avenue Vemon Mts, IL 80061 Phone 800.654.2397 Fax 847.402.4361 i Allstate Life Insurance Company PO Box 80469 Ll nncoin NE 68501-0489 WALTER A LAIRD 890' BALTIMORE PIKE GARDNERS PA 17324-goo6 RE: Allstate Pure Advantage OU19362482 Telephone: 1-M0.755.5275 Fox: 1.047-402-6313 June 30, 2005 ;...s ai• is DESMA MARIE WELCH PNC INSURANCE SERVICES, INC 127 KIM ACRES DR MECHANICSBURG PA 17055-5534 (717)891-4064 You've made a wise decision In purchasing the Allstate Pure Advantage. We are happy to provide you with a product that will help you reach your financial goals. Here are some of the benefits youll receive: Guaranteed Principal and Interest No more worrying about stock market downturns. Your contributions are never at market risk because you earn interest at this rate for a specified period of time.' Income Tax Deferral Your money can grow faster because you don't pay taxes on the earnings until you make a withdrawal.' Flexible Income Options Getting your money is easy. Once you decide It's time to receive regular Income, simply choose from a number ref rtatrn- Financial Strength You can sleep better at night knowing your annuity Is backed by the financial strength and safety of Allstate We Insurance Company. That means well be around to keep our promises to customers like you. Liquidity Options This product offers withdrawal options to access your money without terminating your annuity contract' Enclosed you will find a copy of the annuity data page and any other required documents for your annuity contract. You should keep all of these documents with your contract. Thank you for choosing Allstate Pure Advantage. We recommend that you compare the information on your annuity data page with the information on your application. If you have any questions, please call our Annuity Services Department at 1-800-755-5275 or your Financial Representative. The guarantee of prk1cip91 and intensst•is sub]Gd to the claims-paying ability of the issuing Insurance company. Distrbutions taken prior to annuitization are generally considered to come from the gain In the contract first. It the contract is tax quatifled, generally all wkbdrawals ens treated as distribution of gain. Withdrawals of gain are taxed as ordinary income and. N taken prior to age 5811, may be subject to on additional 10% federal tax penalty. nOPLICAT5 9 876SC1 Ng.Nt12 wmvrseu.c,.-"w Important Privacy Policy Notice At Allstate Life Insurance Company we value you as a customer. We also share your concerns about privacy. We are sending this notice to explain how we treat personal information ("customer Information? that is not public. This is information that we obtain from you or other sources when we provide you with products and services, We want you to know that we respect your privacy; and we protect your information. We do not sell customer information. We do not share your Information with persons, companies, or organizations outside of Allstate Life Insurance Company that would use that information to contact you about their products and services. We expect persons or organizations that provide services on our behalf to keep your. Information confidential, also expect those persons or organizations to use your Information only to provide the services we've asked them to perform. We Communicate to our employees the need to protect your information. We have established safeguards (these are physical, electronic, and procedural) to protect this information. Below are answers to questions that you might have about privacy. You may be wondering ... What do we do with your information? Allstate Life Insurance Company does not sell your customer or medical Information to anyone. We do not share it with companies or organizations outside of Allstate We Insurance Company that would use that Information to contact you about their own products and services.. If that practice were ever to change, we would offer you the abli ly to opt out of this type of Information sharing. Also, we would obtain your consent before we share medical information for marketing purposes. Your agent or broker may use your information to help you with your Insurance needs. We may also communicate with you about products, features, and options in which you have expressed an interest. Without your consent, we may provide your Information to persons or organizations in and out of Allstate Life Insurance Company. This would be done as permitted or required by law. We may do this to: Fulfill a transaction you have requested. Service your policy. Market our products to you. Investigate or handle claims, Detect or prevent fraud. Participate in insurance support organizations (Information from a report by an Insurance support organlzation'may be retained by that organization and distributed to other persons,). Comply with lawful requests from regulatory and law enforcement authorities. These persons or organizations may include; Our affiliated companies. Companies that perform services, including marketing, on our behalf. Other financial Institutions with which we have an agreement for the sale of financial products. Other Insurance companies to perform their role in an Insurance transaction involving you. Businesses that conduct actuarial or research studies. Persons requesting Information pursuant to a subpoena or court order. Your agent or broker. What kind of customer information do we have, and where did we get It? Much of the Information that we have about you comes from you. When you perform certain transactions, you may give us Information such as your name, address, and Social Security number. These transactions include when you submit an application for Insurance, submit a request for Insurance, submit a request for products and services we offer, or submit a request for an Insurance quote, We keep Information about the types of services you purchase from us and our aNNlates. Examples of this Include premiums, account balances, and payment history. We may collect Information from outside sources such as consumer reporting agencies and health care providers. The information we collect may include the following: GLB1 876SCiNg.N26 DUPLICATr Loss information reports. Motor vehicle reports. Credit reports. Medical information. How do we protect your customer Information? We expect any company with whom we share your information to use It only to provide the service we have asked them to perform. Information about you is also available with Allstate Life Insurance Company to those individuals who may need to use It to fulfill! and service the needs of our customers. We communicate the need to protect your Information to all employees and agents. We especially communicate this need to individuals who have access to it. Plus, we have established physical, electronic, and procedural safeguards to protect your information. Note that If your relationship with us ends, your Information will remain protected. This protection will be provided according to our privacy practices outlined In this Important Notice. How can you find out what Information we have about you? You may request to see, or obtain-by mall, the information about you in our records. If you believe that our Information is Incomplete or inaccurate, you may request that we correct add to, or delete from the disputed information. In order to UM your request, we may make arrangements to copy and disclose your Information.to you on our behalf. This maybe done with an insurance support organization or a consumer reporting agency. You may also request a more complete description of the entities to which we disclose your information, or the conditions that might warrant such disclosures. For Montana residents, a request may be made to obtain the name(s) of any entities to which we have disclosed your medical information during the preceding three years. We hope you have found this notice helpful. If you have any questions or would like more Information, please don't hesitate to contact your agent or broker or Customer Service Center at 1-80&-75"276. DUPLICATE GL81 SISSMO N28 umeaweu?w,mroae ANNUITY DATA Certificate Number ................ ................. , ..................... GA19362482 Issue Date:.. ................... .................................... June 28, 2005 Payout Start Date: .............................................. ..... December 31, 2106 Owner ................................................................. WalterA Laird Annuitant: ......... .................. I ....... ............... WalterA Laird Age at Issue: ....................................... ............ .. El Sax: ....................................................................... Male Primary Beneficiary . ......................................................... Eva M Laird Relationship to Owner . . . ........................................................ Wife Percentage: ................................. .............................100% Initial Purchase Payment .................................................... $ 100,000.00 Tax Qualification : .......................................................... Non-qualified Annualized Effective Interest Rate for the Initial Purchase Payment Annualized Rate Allocated Effective Interest Guaranteed Guarantee Period Account Amount Rate Throuoh 1 Year Guarantee Period Account 100% 4.35% 08/27/06 Any subsequent purchase payments will be credited at an annualized effective Interest rate declared by us. See the Crediting Interest section In this Certificate for details. Minimum Guaranteed Annualized Effective Rate: Contract Years 1-10: ............................................... ........ 2.500 Contract Years 11 and thereafter. ................................................ .............................. 2.50% Credit Enhancement: .............................................. ................ 1.00% If your net premium reaches $ 100,000.00 within the first six months of your Certificate Issue Date then the Credit Enhancement will apply as a percentage of Net Premium. DPA10291 I ( 1 Withdrawal Charges: Withdrawals during the Accumulatlon Phase that exceed the Free Withdrawal Amount will be subject to a Withdrawal Charge as follows: Payment Year. 1 2 3 4 5 6 7& Later Percentage: 8% 8% 7% 6% 5% 4% 04/o Please see your Certificate for more details. If you have any questions about your Allstate Life Insurance Company annuity, please contact Allstate Life at 1-800-755-5275. DUPLICATE DPA10291' Allstate Life Insurance Company A Stock Company Home Office: 3100 Sanders Road, Northbrook, Illinois 60062-7154 Flexible Premium Deferred Annuity Contract This Contract Is Issued to the Owner In conslderallon of the pu (`Allstate Life') will pay the benefits of this Contract, subject to Throughout this Contract, "you" and "your" refer to the O Allstate Life Insurance Company. Contract Summary This ftexlble premium deferred annulty provides a Accumulation Phase, and periodic income oavmenW- This Contract does not pay dividends.. The tax status of this Contract as it applies PLEASE READ YOUR CONTRACT CAIA This Is a legal Contract between Trial Examination Period Upon written request, we wfit containtract. if 2 any applicable CEnh iJ .A Secretary a"AL.r,ATE Life Insurance Company "We", "us" and "our" refer to fit and a death benefit during the Start Date during the Payout Phase. be reviewed each year. of Contract and Allstate Life Insurance Company. MEWual information regardln he benefits and provisions with thin ontmct for n, you cancel it by Ive It. Wi refund an yn withdra%4W to you. Q hale pa r? not inc ng Q O , i Chairman of the Board and President Flexible Premium Deferred Annuity LU10292 Page 1 SKU# LU10292 (07/06) TABLE OF CONTATS THE PERSONS INVOLVED ............................. ..........a ACCUMULATION PHASE ................................... PAYOUT PHASE .... ................................. INCOME PAYMENT TABLES GENERAL PROVISIONS ............................. DUP!'CATF LU10292 ............. 10 ............... 12 Page 2 ..............3 ......... 4 ...................9 US, unless you have designated an irrevocable Beneficiary. Once we accept a request, the change wig take effect on the date you sigrjpd the request Any change is subject to any payment we make or other action we take before we accept the change. If no named Beneficiary Is living when the sole surviving Owner dies, or if a Beneficiary has not been named, the new Beneficiary will be; _ 1. Your spouse, or If he or she Is no longer living, it. Your surviving children equally, or if you have no surviving children, M. Your estate. For the purposes of this Contract, children are natural children and Unless you have provided written directions to the contrary, in a form equal shares. If there Is more than one Beneficiary In a class and one the deceased Beneficiary's entire share wig be divided among the F to the remaining Beneficiaries' original shares. Survivor Clause For purposes of this Contract, in determining whether a Contingent Beneficiary, or Annuitant ("Living Person A") Primary Beneficiary, Contingent Beneficiary, or Annulta Person B by at least 24 hours. Otherwise, Living Person Person B. only. us, mw tteneficlaries will take predeceases the Owner, In that class In proportion Mg an Owner, Primary Beneficiary, w living person, including an Owner, Ewing Person A must survive Living deemed to have predeceased Living ACCUMULATION PHASE Acc_. umulatl?n Phase The Accumulation Phase begins on the Payout Start Date unless the Cont Contract Year A "Contract and on each anniversary of th a leap Year) beginning anniversary of that dal pffie first of the two phases of this Contract. The Annuity Data Page. This phase will continue until the that date, clod (366 days for a leap year) beginning on the issue Date Anniversary"). A "Guarantee Period Account Year" is the 365 day period (366 days for Ose payment is allocated to the Guarantee Period Account and on each rurunase raym__enffi?Tt,e of the initial purchase payment is shown on the Annuity Data Page. You may make subsequent purchase during the Accumulation Phase through age 90. We reserve the right to limit the amount of subsequent purchase payments we will accept to a minimum of $100 and the amount of aggregate purchase payments to a ma)dmum of $1,000,000,. without prior approval. We reserve the right to limit cumulative purchase payments to a,maximum amount of two times the amount of the Initial purchase payment. We may limit your ability to make subsequent purchase payments In order to comply with the laws of the state where this Contract is delivered. Purchase PayMnt Guarantee This provision will apply if the Annuity Data Page indicates that the Purchase Payment Guarantee applies. If.you withdraw the entire Contract Value to terminate this Contract, the amount we pay you (including any income, tax we withhold for you) will never be less than all purchase minus any prior withdrawals.. For purposes of determining the Purchase Payment Guarantee, purchase payments do not Include LUpt 1aLrYdit Enhancements. LU10292 Page 4 Credit Enhancement we may offer In our sole discretion a Credit Enhancement within the first 12 months of your Contract issue date based on the net premium (Purchase Payments minus withdrawals). The Credit Enhancement will be added to the Contract as offthe date the Contract meets the stated net premium amount determined by us at issue. The Credit Enhancement does not apply to additions made to the Contract after the first 12 months of the Contract issue date. The Credit Enhancement will be allocated to the Guarantee Period(s) you selected at the time of the purchase payment. It will be allocated among.the Gu tee Period(s) In the same proportion as the net premium. We do not consider Credit Enhancements to be an ent in the Contract for Income tax purposes. t^aUO!3ntee Period We will offer term lengths you may choose for your a er ccounts from one to six years. Each Guarantee Period Account has Its own term length. We may add to, modify or eliminate the term lengths we offer at our d o Guarante8 Period Account Your initial Guarantee Period t(s hed on the Issue Date and is shown on the Annuity Data Page. A new Guarantee Period to d each time: • You allocate any part or all of any subsequent pu Ash a new Guarantee. Period Account and you have selected a term len t, or • The Guarantee Period Account Value of an expi P Account is automatically transferred to establish a new one year Guarantee Period at nnualized effective Interest rate dedared by us for the Guarantee Period Account. Each Guarantee Period Account Is Identified by to the ea Period Account was established, and the term length of the Guarantee Period Account. Y y not to a purchase payment to an existing Guarantee Period Account, nor may you make transfers n exi Guarantee Period Accounts, Allocation of each subsequent purchase payment will be the Alps n for the previous purchase payment unless you specify otherwise. ' _ c L v Gu ee Period Accouht Value is equal to the amount of the purchase payment allocated to a nt: • Plus credited interest, a Uca redit Enhancement to the Guarantee Period Account; • Less any withdrawals payments and/or interest from the Guarantee Period Account; and less any taxes or withdraw If any withdrawal Is a N rawal, nod in the Withdrawal section below, any applicable Withdrawal Charge and taxes Imposed i also be deducted from the Guarantee Period Account. Contract Value Your o lue" is equal to the sum of all the Guarantee Period Account Values. CMdltina Interest Interest will be credited dally at a rate which compounds over one year to the annualized effective interest rate we declared when the purchase payment was allocated. We will credit interest to the initial Purchase Payment from the Issue Date at the Annualized Effective Interest Rate for the Initial Purchase Payment shown on the Annuity Data Page. We will credit interest to subsequent purchase payments from thq day we receive them at the annualized effective Interest rate declared by us. We will credit interest to a renewed Guarantee Period Account from the New Account Start Date at the annualized effective Interest rate declared by us. These rates vary based upon the date. we allocated your initial Purchase Payment or any subsequent Purchase Payments. We reserve the right to vary the annualized effective interest rate we credit based upon the Contract Value on each anniversary of the applicable Guarantee Period Account. The minimum guaranteed annualized effective -rates of in terest that we wilt declare is shown under the Minimum Guaranteed Annualized Effective Rate on the Annuity Data Paiw,' 1,10292 Page 5 Withdrawal You have the right, subject to the restrictions and charges described in this Contract, to withdraw part or all 6f your Contract Value at any time during the Accumulation Phase. A withdrawal must be at least $700. If any withdrawal reduces the Contract Value to less than $3,000, we may treat the request as a withdrawal of the entire Contract Value. If you withdraw the entire Contract Value, this Contract will terminate. If you withdraw all of your Contract Value, you will receive no less than the Minimum Guaranteed Value. Withdrawals are subject to deductions for applicable Withdrawal Charges and taxes. make a withdrawal, you must specify whether you choose to make a Gross Withdrawal or a Net Withdrawal. a Gross Withdrawal, the deductions and adjustments are made to the amount of your withd rawal Request Amount"). Under a Net Withdrawal, these deductions and adjustments are ma Period Account Value. If you do not specify which of these options you choose, your wi to be a Gross Withdrawal. You may specify, the Guarantee Period Account(s) from which you wish the Guarantee Period Account(s) from which you wish to make a wit below. Your Contract Value will be reduced by the amount paid to taxes. We will reduce your Contract Value by fast withdrawing fro received by us, then we will reduce your Contract Value by with by us and continuing with successive interest and purchase pay Free Withdrawal Amount The Free Withdrawal Ai Value immediately before you make the first withdrawal During each Contract Year you may withdraw the Free however, the amount withdrawn may be subject to p Withdrawal Amount during a Contract Year, any radw is Amount in a subsequent Contract Year. The F drawn Phase of the Contract. 4 The Free Withdrawal Amount will be by the Adjusted Withdrawal Request Withdrawal Charge A Withdraw Account. Your withdrawal charge Is. The Withdrawal Charge for a Percentage corresponding to amount of each Withdrawal Ij (for a Net Withdrawal) that e) Withdrawals taken Ito Amount for the Gu be waived on the cumulative Freof Withdrawal Charsolely from this Contract. draM. ff you do not specify draw funds as outlined Ft e withdrawal charge and e first purchase payment purchase payment received Mar is equal to 15% of the Contract that Contract Year. without incurring a Withdrawal Charge; If you do not' withdraw the entire Free d forward to Increase the Free Withdrawal Is only available during the Accumulation Request Amount for each Gross Withdrawal; and aced on certain withdrawals from a Guarantee Period Data Page. FAWAccount is determined by niultiplying the Withdrawal Charge Year shown In the table on the Annuity Data Page by the (for a Gross Withdrawal) or Adjusted Withdrawal Request Amount Withdrawal Amount for that Account. kfinue Code minimum distribution rules will reduce the Free Withdrawal s) from which the withdrawals are made. Any Withdrawal. Charge will q-Intemal Revenue Code minimum distribution rules but orgy to the extent s of all your Guarantee Period Accounts have been depleted. The waiver is permitted only for withdrawals that satisfy required distributions resulting Subject to any such waiver of Withdrawal Charges, any withdrawals taken to satisfy Internal Revenue Code minimum distribution rules will reduce the Free Withdrawal Amount by the. Withdrawal Request Amount, If such withdrawal Is a Gross Withdrawal; or the Adjusted Withdrawal Request Amount, N such withdrawal is a Net Withdrawal.- We may waive withdrawal charges if this Contract is surrendered, and the entire proceeds of the surrender are directly used to purchase anew Contract also issued by us or any affigated company. Such waivers will be granted on a non-cilscxtminatory basis. LU10885 DUPLICATE . LU10292 Page 6 TeX@S Any premium tax and any other applicable taxes relating to this Contract may be deducted from purchase payments or the Contract Value when the tax is Incurred or at a later time. Death of Nmgr If you the before the Payout Start Date, the new Owner will be the, surviving Owner. If there Is no'surviving Owner, the new Owner will be the Beneficlary(ies) as-described In eneficlary section. If there is more than one new Owner taking a share of the Death Proceeds, descri a Death Proceeds section, each new Owner will be treated as a separate and independent Own ctive share. of the Death Proceeds. Each new Owner will exercise all rights related tjhls th Proceeds, Including the sole right to elect one of the Option(s) below for his or hee. a new Owner may designate a Beneficlary(ies) for his or her respective share, but that de Be s) will be restricted to the Option chosen by the original new Owner. Ah. The Options available to the new Owner will be determined by the a In tegory In which the new Owner is defined. An Option will be deemed to have been chosen e ve written notification in a form satisfactory to us and Is effective on the date of death. On ij d, it will be irrevocable. Category 1. If your spouse is the sole new Owner of the on a Contract will continue in the Accumulation Phase, unless your spouse A, B, C or D. described below. Category 2. Category 3, if you were also the Annuitant, then y s e new. Annuitant, unless he or she names a new Annuitant, as described A Me on. Your spouse may make a single withdrawal of any amount within one yea our death without incurring a Withdrawal Charge. AMM If the new Owner Is a living pe who is t r spouse, or if there are multiple living new Owners, the new Owner(s) m ch)'ch from Options A, B, C or D, as described below. If a new Owner does not.choos of the bons, Option A will apply for such new Owner. If the new Owner Is a between Options A or Options, Option A wily Iffier non-living person, the new Owner must choose if the new Owner does not choose either of these The. following Death of Owner Option A Option B. applicable: intract Value payable within 5 years of the date of your death. for any withdrawals made during this 5 year period. afore the end of the 5 year period and before the complete liquidation of e new Owner's Beneflclary(ies) will receive the remaining Contract fully withdrawn within 5 years of the date of your death. V elect, within 11 months of the date of your death, to receive the Death er one of the Income Plans described in the Payout Phase section, subject Income payments must begin within one year of your date of death. Income payments must be payable: I. Over the life of the new Owner or ii. For a guaranteed payment period of at least 5 years, but not to exceed the life expectancy of the new Owner, or Iii. Over the life of the new Owner with a guaranteed payment period of at least 5 years, but not to exceed the life expectancy of the new owner. Option C. The Contract may continue In the Accumulation Phase with the Death Proceeds as the Contract DUPUCATE LU10292 Page 7 a iii. iv v. Option D. Vatue, subject to the following restrictions: An annual required distribution must be withdrawn In each calendar year as specified below. In the calendar year in which the Death Proceeds are determined, the annual required distribution Is equal to the Death Proceeds divided by the life expectancy of the new Owner, and the result multiplied by a fraction that represents the portion of the calendar y remaining after the date of the. Death Proceeds were determined. In any subsequent Galen ar, the annual required distribution is equal to the Contract Value as of December 31 of year divided by the remaining life expectancy of the new Owner. The first withdrawal must occur within one year of the date o nor may only withdraw the minimum annual required distribution amou pe a full withdrawal terminating the Contract. Withdrawal Charges do not apply. If the new Owner dies, the named Beneficlary(ies) will u er O n C using the original new Owner's life expectancy. A The new Owner may elect to receive the Death All ownership rights subject to the conditions stated In this I Beneficlary are available to the new Owner from the date of 1 are paid. 4 No additional purchase payments may be added to the the first complete request for settlement of the Death P-Mul We reserve the right to offer additional Death rto t If the Owner dies after the Payout Start Date, e P ., Death of Anna ant if the Annuitant Owner section above applies. If the Ann Options available to the Owner will be deftned. Category 1 If the Owner Is a .Annuitant. The new is previously placed upon the on which the Death Proceeds A, B, C or D after we have received section of this Contract. r dies before the Payout Start Date, the Death of the Owner dies before the Payout Start Date, the licable following Category in which the Owner Is will continue In the Accumulation Phase with a new by written request, subject to the conditions described in the Annuitant Tact; otherwise, ?r, otherwise, Category 2. If the Value bration, trust, or other non-living person, the Owner must receive the Contract 5 years of the Annuitanfs date of death. Withdrawal Charges will be waived for any withdrawals made during this 5 year period. All ownership rights, subject to the conditions stated in this section, are available to the Owner from the date of the Annuitant's death until the date on which the Death Proceeds are paid. No additional purchase payments may be added to the Contract after we have received the first complete request for settlement of the Death Proceeds from any Owner. We reserve the right to offer additional Death of Annuitant Options. If the Annuitant dies after the Payout Start Date, refer to the Payout Phase section of this Contract. r)UPLU 02 ZE Page 8 Death PMMds Before the Payout Start Date, the Death Proceeds are equal to the Contract Value. The value of the Death Proceeds Is calculated on the data we receive the first complete request for settlement from any Owner. A complete request must Include due proof of death. PAYOUT PHASE Payout` The 'Payout Phase" Is the second of the two phases of this ut Phase begins on the Payout Start bate. It continues until we make the last payment as pro Plan chosen. Payout Start Date The "Payout Start Date' is the date the Contract ny ble taxes Is applied to an Income Plan. The anticipated Payout Start Date Is shown on th nul a 13eg . You may change the Payout Start Date by writing to us at least 30 days before the new P rat I AML The Payout Start Date must beat least 30 days after the Issue QMhod r before the later of a The Annuitant's 99th birthday, or • The 10th Contract Anniversary . Income Plans An "Income Plan" is a serles of payme educed basis to you or to another person designated by you. You may choose only one In d Payment Period' is the period of time over which Income payments are guaranteed to , The ct Value on the Payout Start Date, less any applicable taxes, will be applied to your Income cholc m e following list. . We will make payments for as long as the Annuitant lives, or until the enjlofdu ent Period, If longer. The Guaranteed Payment Period may range from 0 to 360 mthe f9 age 90 or older on the Payout Start Date, the Guaranteed Payment Period may ran 361 0 months. ' t re We will make payments for as long as a nt Annuitant, named at the time of Income Plan selection, lives, or until the end of the Gu Mod, If longer. The Guaranteed Payment Period may range from 0 to 360 months. If eith nt or nt Annuitant is 'age 90 or older on the Payout Start Date, the Guaranteed Payment Period m 60 to 360 months. "` Molly 4-1 . We will make payments for a Guaranteed Payment the Annuitant's life. The minimum Guaranteed Payment Period Is 60: Period. These pay r frifs months (120 montDate occurs before the third Contract Anniversary). The maximum Guaranteed Paymor the number of full months between the Payout Start Date and the date that the Annuitangreat er. In no event may the Guaranteed Payment Period exceed 600 months. We reserve the right to make available other Income Plans, Payout Terms and Conditions; The income payments are subject to the following terns and conditions: • if the Contract Value is less than $3,000 when it is applied to the Income Plan you choose, or if the Contract Value is not enough to provide an Initial payment of at least $20 when it Is applied to the Income Plan you choose, we reserve the right to: Change the payment frequency to make the payment at least $20; or i3UPUCATF LU10292 Page 9 • Terminate the Contract and pay you the Contract Value less any applicable taxes In a lump sum. 6 • If we do not receive a written selection of an Income Plan from you at least 30 days before the Payout Start Date, the Income Plan will be deemed to be a Ufa Income with a Guaranteed Payment Period of 120 months. • If you choose an Income Plan which depends on any person's life, we may • Proof of age and sex before income payments begin; and - NL • Proof that the Annuitant or joint Annuitant Is still alive be ch payment. • After the Payout Start Date: • A new Income Plan may not be selected; • Amounts may not be reallocated to a different In PI • The Income Plan cannot be changed; • Withdrawals cannot be made; and • The Annuitant may not be changed. • If any Owner dies during the Payout Phase, the n the surviving Owner. If there is no surviving Owner, the new Owner will be the Be a bed In the Beneficiary section. Any remaining income payments will be paid to the cheduled. AaW 191111&- INCOME PAYMENT TABLES The. Income Payment Tables shown below I payment factors per $1,000 applied, which were calculated using the Annuity 2000 Mo rhd rad, bi usllzed effective Interest rate of 2%. For ages, Guaranteed Payment Periods, combine frequencies and annualized effective. Interest rates not shown in these examples, Income a ctom will be calculated on a. basis consistent with the factors shown. The adjusted age of the Annu to mine the appropriate monthly Income payment factor to apply for the selected Income Plan. The ag actual age of the Annuitant(s) on the Payout Start Hate, reduced by two, reduced by one calendar years between January 1, 2000 and the Payout Start Date. 0UpL.1C ATr-- LU10292 Page 10 - r ' t Income Plan 1 - Life Income with Guaranteed Payment Period f or 12 0 Months on nwrfi ayme r ea Annuitant's n come Adjusted Mate Female Annuitant's Adjusted , itant s q e Male Female Ad u 1 Male Female 50 51 $3.49 $3.26 64 $4.82 $4 42 52 3.56 3.63 3.31 3 38 65 . 4.95 4.54 78 7.11 $6.77 53 3.70 . 3,44 66 67 5.09 4.67 6.97 7 17 54 55 3.78 3.51 68 5.24 4.80 5.39 4 95 .83 . 7.37 56 3.86 3.95 3.58 3 65 69 . 5.54 5.10 7.75 7 85 7.57 57 4.04 . . 3.73 70 T1 5.71 5.2 . 8.09 7.75 7 93 58 5 4.13 .3.82 72 5.87 5.4 04 p 6 85 8.23 . 8.09 9 60 4.23 3.90 73 . 6.22 8.35 8.24 61 4.34 4.00 74 6.39 8.47 8.37 62 4.45 4.09 75 8.57 8.57 8.49 63 4.55. 4 69 4.20 4 3 76 6' 6' 90 8.67 .60 . . 1 n 8.76 6 8.70 Income Plan 2 - Joint and Survivor Life income Annuitant's Adjusted Age 5 50 $2.97 $3.10 55 3.U6 3.2 60 3.13 3. 65 3.18 70 3.21 75 3.23 80 3.24 .5 85 3. 57 90 • a DUPLICATE LU10292 Period for 120 Months ?mne a^"n S3. $3.38 $3.43 $3.46 $3.48 $3 49 7 3.87 3 98 3.75 3.81 3.84 . 3.85 2 .02 . 4.31 4.13 4.56 4.23 4 75 4.29 4.32 3 .90 4.21 4 35 4.62 5;01 . 5.32 4.86 5.53 4.92 5.64 9 5 . 4.45 4.87 5.05 5.42 5 74 5.91 626 6.45 0 4.50 5,16 . 5.96 6.42 6.80 6.84 7 49 7,25 Y 4.53 5.22 6.08 7.02 . 7.84 7.92 8.36 Page 11 Income Plan 3 - Guaranteed Payment Period $1,000 Applied to this Income Plan 11 Years 8.42 12 Years 7.80 13 Years 7.26 14 Years 6.81 15 Years 6.42 16 Years 6.07 17 Years 5.77 18 Years 5.50 19 Years 5.26 20 Years 8.04 PROVISIONS 6 The Entire Contract The entire Contract consists written applications, the Annuity Data Page and any Contract endorsements and riders. Unless otherwise specified, all references in this •to onths, or years shall mean calendar days, months or years. Only our officers are authorized to change the ct or wig a right or requirement of the Contract. No other individual Is authorized to do this. We may not modify this Contract with mff r 4ftled nt, except to make it comply with any changes In the Internal Revenue Code or as required y a icable law, or as otherwise permitted by the terms of this Contract. 4Lw incontestability Except as it has been in force during yq a Er'Contract section above, this Contract will be Incontestable after a period of two years from the Issue Date. any purchase payments less any withdrawals, excluding accrued interest. age or sex has been misstated, we will pay the amounts which would sex after the income payments begin, we will: Pay all amoun'5underpald including interest calculated at an effective annual rate according to applicable state law; or Stop payments until the total Income payments made are equal to the total amounts that would have been made If the correct age and sex had been used. Annual Statement At least once a year, before the Payout Start Date, we will send a statement to you at the last known address we have for you in our records reporting Contract Values. The effective date of the Information In the annual statement will not be more than two months before the date of the mailing. We will provide you with Contract Value information at any time upon your request. The information presented will comply with any applicable law. ?' ; ILJ LU10292 Page 12 SOMOM@ntS We must receive due proof of death of the Owner or due proof of death of the Annuitant before the settlement of a death claim. ' s Any full withdrawal or payment of death proceeds under this Contract will not be less than the minimum benefits required by any statute of the state In which the Contract is delivered. Deferment of Payments We reserve the right to postpone payments for up to six nYdkppon state approval. If we elect to postpone payments for 30 days or more, we will pay interest as faw. Any such Interest will be payable from the date the payment request is received by us V t nt Is made. W r LU10292 Page 13 Amendatory Endorsement for Waiver of z As used In this endorsement, "Contract" means the Contract or Certificate to which this The benefits provided by this endorsement do not Impact any tax liabilities or RS responsible for all such liabilities and penalties. The following provisions are added to your Contract Market Value Adjustment prior to the Payout Start Date If at least 30 days after indivf&W, the annuitant is first confined to a Long Term Care Facility or U#M& ¦ r confinement Is for at least 90 consecutive days; corrikrement Is prescribed by a Physician; confinement is Medically Necessary; and the request for a withdrawal and Due Proof of c "Physican' Is a licensed medical doctor (M.D.) or a Physician does not inciude the Individual, a spouse, 'Due Proof includes, but is not limited to, a letter and location of the Long Term Care Facility or He date the owner or annuitant was released from th "Medically Necessary" means appropriate not have been omitted without adversely 'Long Term Care Facffnty' Is a faality of a withdrawal. You are rappkable Withdrawal Charge and wrier, or, if the owner is not a living conditions: no later than 90 days after discharge, .0.) pmcUft within the scope of his or her license, grandchildren,Ablings, or In-laws. ing the dates 1he owner or annuitant was confined, the name r confinement was Mad dally Necessary, and If released, the or Hospital. In accord with accepted standards of practice, and which could es; 1. is located in the United mmmpe 2. is licensed by the, Jurfsdocated; 3. provides custodial n of a registered nurse (RN.); and 4. can accommod 'Hosptal' is a fa cility 1. 2. 3. 4. 5. Is licensed as a hospital diction in which it is located; Is supervised by a staff physicians; provides nursing services 24 hours a day by, or under the supervision of, a registered nurse (RN.); operates prknerfly for the care and treatment of sick or injured persons as Inpatients for a charge; and has access to medical, diagnostic and major surgical fa ilities. Waiver for Terminal Illness We will waive any applicable Withdrawal Charge and Market Value Adjustment prior to the Payout Start Date If at least 30 days after the Issue date arty owner, or. If the owner is not a living iniNdual, the annuitant is first diagnosed by a Physician as having a Teminai Illness. The request for the withdrawal must be received by us at least 30 days after the issue data. Due Roof of the diagnosis must be given to us prior to, or at the time of, the withdrawal request. We may require a second opinion at our Mug- 1r, AT I-- Page 1 (12198) ALLSTATE LIFE INSURANCE COMPANY (herein called 'we" or "us') n tr expense by a Physician chosen by us, In the event that the first and second Physicians disagree, we will require a third opinion at our expense by a Physician chosen by us. We will honor a consensus of any two of the three Physicians. 'Physician' is a licensed medical doctor (M.D.) or a licensed doctor of osteopathy (D.O.) practicing scope of his or her license. Physician does not Include the indivtdual, a spouse, children, parents, grandparents, grandchildren, a -laws. 'Due Proof includes, but is not Hmlted to, a letter signed by a Physician stating that the owner final Illness and the date the TerminallRrress was drat ctagnoaed. ALL 7enninal Illness" Is a condition which is expected to result In death within one year from of the diagnosed cases. Waiver for UnemDtovtnant You may request a one time waiver of any ap I and Market Value Adjustment on a partial or full withdrawct prior to the Payout Start Date If: 1. you become unemployed at ]east 1 year after the Issue date of the C 2. you recelve Unemployment OwpenWilon for at least 30 con of that unemployment; and J. 3. this benefit is exercised wft 180 days of your Initial reIf the owner is not a liking individual, then the above three a This benefit may be exercised only once during the ,a Before we waive Withdrawal Ctwrges, you must give us Unemployment Compensation for at least 30 comae request 'Unarnplayment Compensation' means 'Due Proof` includes, taut Is not fruited to, a criteria with regard to dates and a signeA Except as amended in this or enoutdant has been unemployed and have been granted a us Due Proof prior to, or at the time of, the witfrdrawal received from a unit of government In the U.$. (state or federal). wiployment Compensation payment that meets the above described the owner or annuitant meets the above deedbed criteria. remains unchanged. d(v 4 g4--- Chairrnan of the Board and President Page 2 EXHIBIT B 12/11/2009 2:15:08 PM PAGE 2/005 Fax Server 12/02/2009 16:30 F°&I 717 772 1969 PA INS DEPT t®Q01/004 Beneficiary Designation with Restricted Payout Allstate: You're ingoWfirA. Allstate Life Insurance Company PO Box 80469, t_incoln. NE 68501-0469 This Beneficiory Designation supersedes any and all previous Beneficiary designations. Phone: 800.632,492 Fn 877.575-2689 1. INSTRUCTIONS - PLEASE READ CAREFULLY • This form is for use with fixed annuity products only. • A resUicted payout is not available it designating non-natural benerrciary(ies). • If this Beneficiary Deskjnabon with Restricted Payout iQ being completed with the annuity application, write 'Sae Attached Beneficiary Designation with Restricted Payout' in the Beneficiary Section of the application and attach this form to the application. If this form is being completed after the annuity contract has been issued, fill out the annuity contract number in Section 2 and forward to Allstate Life Insurance Company at the address shown above. • Up to two Beneficiaries may be designated using this form. If two Beneficiaries are designated, either one or both may have a restricted payout. If more than two beneficiaries are desired, complete an aWitionaf form, including the applicable percentages Ior those beneWaries. • This Beneficiary Designation forth restricts the oplions normalty available to a Beneficiary. You may wish to consult with your legal advisor. • The death benefit payments are taxed to the beneficiary in the year they are received, as ordinary income to the extent of gain in the contract, if the contract is tax qualified, generally all payments will be fully taxable. • If the contract has Joint Owners, both Owners must sign this form. 2. OWN - PLEASE PRINT J Owner's Name Owner SSN/TIN Joint Owner's Name (if applicable) Joint Owner SSN,'TIN Annuitant Name ( different from Owner) Annuitant SSNr! IN 3. BENEFICIARY NAME(S) :,-,7CTION 4 MUST BE COMPLET D Beneficiary #1 Bznek.arO,(I.ast 0gf,.f i'ANOl SSNITiN Date o`RhhT.vst P . &0"'' O Primary ? Contingent _ Beneficiary 91 Street Address City State lip Beneficiary #2 % ? Primary Bencbciary #2 (Last. Fusl Middle luirrrrl) SSN1rIN Date of Birth/Trust Percent 0 Contingent 3ereficiary ire Stree: Address City Slate Zip 1,mess olherMse ind`catec, at !rarr:e d Beneficiaries cil! be considered Prrnary Benefideries. ' more than one Primary Bereficiary is named, any Beath benefit wit to elloceted in e,-,Lal shares an, ess oti•envise ecLvisled.:f no Pcffwy Beneficiary is mired, the proceeds will! be paid to any surviving Corti-igent Benefrciay. if no -ismed benefit aries are alive a: the time the death beretit becorres parable 14a p:.,ceeds wilt be paid as ei.tered in "tie contract Incomplete without all pages FIC96M ' of 4 SKLI# FICfi6M (01/08) r i 12/11/2009 2:15:08 PM PAGE 3/005 Fax Server 12/02/2009 16:30 FAX 717 772 1969 PA INS DEPT IM002/004 4. CITIZENSHIP _/ Are all Beneflcrarfes U.S. Cftfzens? C Yes L-3 No jlf No, complete below) If more than 2 non-U.S. Citizens, please complete and attach separate sheet of paper. Name Name Country of Citizenship Country of Citizenship Permanent Resident Card Number Visa Number and Type Permanent Resident Card Number Visa Number and Type 5. BENEFICIARY RESTRICTION INFORMATION - (Must be completed) Ben lary #1: Restriction - IMe direct that this Beneficiary may elect the form of payment of the death benefit. ? Full Restriction - IMIe direct that the total death benefit payable to this beneficiary be applied to the Income Plan elected in Section 6. ? Partial Restriction - I/We direct that part of the death benefit may, at the election of the Beneficiary, be .paid in a lump sum as indicated below and the remainder be applied to the Income Plan elected in Section 5. % This Beneficiary may receive up to this percentage of the death benefit in a lump sum oayment. The remainder is to be applied to the Income Pian elected in Section G. OR 5 This Beneficiary may receive up to this dollar amount in a lump sum payment. If the total death benefit is less then this amount, the total death benefit will be paid in a !ump sum. The remainder is to be applied to the Income Plan elected in Sect-on 6. Beneficiary #Z O No Restriction - I/We direct that this Beneficiary may elect the form of payment of the death benefit. D Full Restriction - INYe direct that the total death benefit payable to this banetlciary be applied to the Income Plan elected in Sectinn 6. Partial Restriction - I/We direct that part of the death benefit may, at ft election of the Oent:ficiary, be paid in a sumo sum as indicated below and the remainder be applieu to the income Plan elected in Section 6. This Beneficiary may receive up to this percentage of the death benefit in a lump sum payment. The romednderis to be applied to the Income plan elected in Section 6. OR S This Beneficiary may receive up to this dollar amount in a lump sum payment. If the total death benefit is less than this amount, the total death benefit will be paid in a lump sum. The remainder is to be applied to the Income Plan elected in Section 6. A aeneficlary vAil have nn right to change t We income plan or receive a lump sum payment unless soecifically orovtdco in this form. It the proceeds are less than the minimum amount stated in your contract. or not enough to provide an initial payment of at least 520, we may change the payment frequency amount to make the payment at least 520 or pay the proceeds in a lump sum. If no Beneficiary is alive when the death benefit becomes payable or the Beneficiary dies white receiving payments, payment will be mzde as provided by the contract. If the Beneficiary is a minor, please complete Section 8. The fixed payout rates will be those in effect when the necessary claim forms are received in good order by Allstate Ufe Insurance Company. Incomplete Without all papeS FIC96AA 2 of 4 SKU# FtC96AA (01108) a ?a m ga ?+ 3 a N N r ? N M a o o m ? J g? m m :s 4 ? m e w y 4 4 a a a c 8. e v g$ d 0 H N l 12/11/2009 2:15:08 PM PAGE 4/005 Fax Server 12/02/2009 16:31 FAX 717 772 1989 PA INS DEPT 1@003/004 6. INCOME PLAN ELECTION - (Must be completed unless "No Restriction" is Indicated in Section 5) Please see below for additional information. You may wish to consult with a tax advisor regarding potential tax consequences. Beneficiary #1: ? Guaranteed Payments for a Speciffed Period (5-30) years' (Select one) ? Life Income wilh Guaranteed Payments for a Specified Period (5.30) years' Beneficiary #2: ? Guaranteed Payments for a Specified Period (5.30) years` (Select one) O Life Income with Guaranteed Payments.for a Specified Period (5-30) years' 'Non-Qualified Contracts: Cir?irantrxd payments cannot extend beyond the l3enebCiary's age 95. In oddition. any guarantee period cannot be greater than the Beneficiary's life expectancy at the time payments begin. The number of guaranteed years *1 be reduced if necessary to meet thesd requirements. A portion of each payment will be considered taxable and the remaining portion ON be a non- taxable return of the investment in the contract, which is also called the 'basis'. Once the investment in the contract is depleted, all remaining payments wW be fully taxable. Payments must begin within twelve months of your date of death. Qualified Contracts: Minimum distribution regulations require that the guaranteed payments not extend beyond the life expectancy of the Beneficiary. The number of guaranteed years will be reduced it necessary to meet this requitement. If the Owners death occurs on or after the required beginning date. the option to take a life income or the number of guaranteed years, as applicable, may be further restricted depending on the method of dirstributbr, in effect an the date of death. Payr wts must beg°r: by Qecember 31 of the year bl'oa+ng ya.r death. 7.PAYMENT FREQUENCY Beneficiary #1: U Monthly (default) Q Semi-Annually U Quarterly O Annually Beneficiary #2: U Monthly (default) 0 Semi-Annually ? Quarterly U Annually 8. IMPORTANT NOTE FOR MINOR CHILDREN DESIGNATED AS A BENEFICARY Proceeds Cannot be paid directly to a minor beneficiary. Proceeds can, however, be paid to an adult custodian for such minor beneficiary designated by the owner under the relevant state Uniform Transfers to Minors Act Proceeds may be paid to an adult custodian for the use and benefit of fhe child(m) under a state's Uniform Transfers to Minors Act (l1TMA) • or Uniform Gifts to Minors Actin South Carolina and Vermont). By naming a custodian for minor children, payment may be expedited and may eliminate the need for a court-appointed gaard;an of the property of the chidren. If a Custodian is named in the UTMA designation but no State is eesrgnated, hknofs UTMA will oe used, aS 4 is Allslate's home office location. I designate _„__ 'Vie --~ Cus:nc?r; s ? :1? W (RF. ?J7RcD1 Stale Lp Mm s ssNriiN Street Address as Guslodian of the funds payahle to Minor's Nance under the (rare e Sral: Uniform Transfers to Minors Act (or Uniform Gifts to Minors Act if SC or VT is designated). Fi C9.6AA 3 of 4 Incomplete witl'rout all pages SKU# FIC96AA (01108) 12/11/2009 2:15:08 PM PAGE b/005 Fax Server 004/004 12/02/2009 16:31 FAX 717 772 1969 PA INS DEPT 9. SIGNATURE(S) If I have purchased a non-qualified annuity contract, I acknowledge that Section 72(s) of the Intemal Revenue Code requires that, at the death of any Owner, income payments to a non spouse surviving Owner or to a non spouse Beneficiary m .t begin within twelve months of the date of death: • If I have purchased a qualified annuity contract, I acknowledge that Section 401(a)(9) of the Internal Revenue Code requires that, at the death of the Owner, income payments to a non spouse Beneficiary must begin by December 31 of the year following the year of death. • I further understand that if Anstate Life Insurance Company (Allstate Life) is not given.due proof of death in sufficient time to begin income payments within the required period. Allstate Life will pay the death benefit in installments such that the entire death benefit will be paid within the required five-year period (if available),or another method approved by the IRS. BY THIS REQUEST I HEREBY CANCEL ALL PRIOR BENEFICARY (PAYEE) DES ONATIONS AND SETTLEMENT PROVISIONS ON THIS CONTRACT. NOTICE TO ALL PARTIES COMPLETING THIS FORM: it is fraudulent to fill out this form with Information you know to be false or knowingly omit important facts. Criminal . civil penahies may result from such acts, and Date pmloc/YYYY) Signature of Joint Owner (if applicable) Date (MMIDDM'YY) Incomplete without all pages FIC96AA A of 4 SKU# FIGSIASAA 101/03) EXHIBIT C 10/29/2009 15:12 FAX 717 772 1969 PA INS DEPT aDOOMS 0' POWER OF ATTOMY -I.- WYK118. ':1 Jolumpoz, .r u.r • s,s,s - 1 PAN NO•RMAT 10000092:00:61 PYMaM DiMbM7WM•YWRMBO OMI.DNR:00109•C$07:71777210N'DLVATOWkWN4$ 42 KNOW ALZ MEN BY THESE PRESENTS, that I, WALTER A. LAIRD, of South Middleton Township, Cumberland County, Pennsylvania, have made, constituted and appointed, and by these presents do make, constitute and appoint my son, RONALD M. LAIRD of A. D. Etters, York County, Pennsylvania, my true and lawful attorney, for me and in my name and on my behalf: 1. To ask, demand, recover and receive all and any sums of money, debts and rents due or payable; coming or belonging, or which may at any time be due and payable and belonging to me, from any person, fixm, corporation or legal entity whatsoever, including the Commonwealth of Pennsylvania, the United States of America, the Social Security Administration and any other agency of the State of Pennsylvania or of the United States of America; 2. To enter any safe deposit box of which I am renter in my own right or jointly with others; 3. To deposit funds in and withdraw funds from any account that I may have in any bank, trust company, mutual savings bank or savings and loan association, including accounts I may hold jointly with other persons, or to deposit funds in and withdraw funds from any account in any financial institution which my said attorney may create for that purpose; 4. To endorse notes, checks, drafts and bills of exchange which may require my endorsement for deposit, for cashing or for collection; 5. To sell, transfer or assign any personal property, stock, bond or other security or eviderce.of debt of which I am now possessed or in which I may now have or hereafter acquire an :interest in and to execute any and all instruments necessary to make such sale, transfer or assignment; 6. To incur and pay any expense of keeping any real estate I may own, or have an interest in,. or may hereafter acquire, including my real estate located at Deland, County of i 10/29/2009 16:12 FAX 717 772 1969 PAINS DEPT a007/00E u Voleisia, State of Florida, in good order and repair, and to pay all tares and other expenses necessary to keep and -maintain my said real estate; to lease all or parts of my real estate; to borrow on the security of said real estate and give a mortgage to secure such loan; to sell any part or all of my said real estate for such price and to such purchaser as my attorney-in-fact shall deem advantageous) and to make, execute, acknowledge and deliver such deed, mortgage or other instrument as shall be required to carry out this pore 7. To borrow money for my account and upon the security o:' my estate and to pledge and hypothecate as security for such loan or 1Gans any or all of m y y property and estate, and to execute, acknowledge and deliver to the lender or lenders rich notes, bonds and assignments as my said attorney may deeini necessary or advisable for such purposes; 9., To invest any funds received by my said attorney as mist be deemed proper for such investment, in the exercise of prudent judgment, in said attorney's absolute and sole discretion; 9. In the absolute discretion of my said attorney, to apply any principal and income to the payment of the cost of ny maintenance and care, 'in any hospital, nursing home, public or private institution, or at my residence, and to the payment of any medical, surgical, dental or nursing care which may be or is required for me. 10. This Power of Attorney shall not be affected by my disability or incapacity, physical or mental, but the authority hereby conferred shall be exercised'by said attorney notwithstanding my disability or incapacity. 11. I'.grant to my said attorney, power and authority to make and substitute in and concerning the premises an attorney or attorneys under him and the same to revoke. 12. 1 give and grant unto my said attorney, or any substitute or substitutes, full power and authority to do 2 PACE 7A•RCVD A710/J9I200! 2 mm, Pu Ipnrw ow amnmd•iV w=Dnwi•oms:mm• CBO'M"21960• DURATION hm"OW242 10/29/2008 15:13 PAX 717 772 1989 PA INS DEPT @008/008 and perform all and every act and thing whatsoever requisite and necessary to be done in connection with my property or estate, as fully to all intents and purposes as I might or could do if personally present; hereby ratifying and confirminq all that the said attorney, or any substitute or substitutes, shall lawfully do or cause to be done therein by'virtne of these presents. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /?"' day of &Lztlv?.f.CLu 1982. 1 irLA LL, (SEAL) C01*20NIBALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND SS.: } On this, the a ? day of L982, before me, the undersigned officer, personally appeared WALTER A. LAIRD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Power of Attorney and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary P is NOTARY PUBUo QXA4 C mbwkM Curly $7 CeemW- &Pka Yarcb 24 IM I . 3 - PAORl7R•RMAT10/11 MOM 2'M*1 Mn 1CW"DwRdd TWW•W*MMODOR,11•=8:23197. CM:71777219W DURATION ftr* al. 42 EXHIBIT D Jan, 11, 2010 1:03PM No. 2354 P. 1 CLAIMANT'S STATEMENT FOR ANNUITY PROCEEDS b i m R D -I i N 0 i 0 0 w iA m 3 rt 7 ga d m Y a N x 7 0 N a i ?D N t 0 z n N, Life & Armuily Claims To&free 877499-6448 Allstate We 8 An-- P.O. Box 94212 pax 865-635.4523 544 Lakeview Parkway Service Center. Suite L1B PalsQne,1L 60094-4212 Vernon NYts, I! 60061 administrator for the following companies: Allstate Life Insurance Company American Maturity Life Insurance Company H Uncoin Benefit Life Company Surety Life Insurance Company Contract No. q A 1913 41.9 y 9 2 I please oomplete all requested Information concerning the deceased. WA,L'Tc- 1z 4 LA} R eon If the original annuity contract Win your possession, We ask that you return it to us along with the other claim domnents. if the contract is NOT enclosed, pleats check the box below by doing so, you are CeKirong that the contract has been lost, destroyed, or you have no knowledge of Ile whereabouts, and it has not been assigned or pledged as collateral. We wflf NOT delay the prooseehV of your Balm for failure to return the contract. NO CONTRACT ENCLOSED • Remember to include one certified copy of the Death Certificate • Your signature is required on the last page of this form INDIVIDUAL NON-QUAUFIED page 1 of a Rev 05/09 D Ifi N fD l7 v D i i i w N 0 i fl i N a W N eD 0 d 7 CL # a 10 a a A N X x 0 N 0 N t a z N i Jan. 11. 2010 1:03PM No. 2354 P, 2 Elect only ONE continuation alaetion option by checking the appropriate box. Before matting yoUr selaation, please carefully review Section 5 of this form for an in-depth description of each continuathm election option. You may wish to consult with your talk advtsor or attorney poor to making a decision. ELECTIONS ARE IRREVOCABLE, if you elect a Continuation option in this section, you may NOT elect a Lump Sum Distribution option in Section P. Dd OPTION 1- SPOUSAL CONTINUATION • Partial withdrawal amount: $ Elect withholding In Sections 10 and 11. • Name your benel9olarles in Section 8. • NOTE: This option meet be elected for-1035 Exchanam in addlllon to completing this form, please forward 1035 Exchange fans from the receiving company to the appropriate department for processing. These forms must be signed by the receiving company. [] OPTION 2 - DEFERRAL OF PROCEEDS (up to 5 years from date of death) • Partial wilhdnawal amount: $ . Elect withholding in Sections 10 and 11. • Name your beneficiaries in Section B. ? OPTION 3 - ANNUITY INCOME OPTION • if you would like to elect this option, please contact our office at toll free (977) 499-6418 and we will provide you with the necessary documents. It Is NOT necessary to complete this Claimanrs Statement if electing this option. ? OPTION 4 - IRREVOCABLE NON-QUALIFIED LIFE EXPECTANCY DEATH BENEFIT OPTION • NOTE: This option is NOT available on all contracts. Your cover letter will Indicate if this option is available for your specific Comet. • Payment Frequency. [] Monthly ? Quarterly ? Seml-Annually L] Annually . The first distribution date will equal the settlement date (the date the claim Is processed). • Elect withholding In Sections 10 and 11. • Name your beneficiaries in Section 8. It is only necessary to complete this section if you are electing a Spousal Continuation, a Deferral of Proceeds or an Irraimoeble Non- Qualified Life Expectancy Death Benefit Option. As the new owner, you may name your beneficiaries below. Please complete all Information pertaining to your beneficiaries. If you are currently a joint owner electing a Spousal Continuation and fail to name beneficiaries, your beneficiaries will remain the same as originally named. If you are a beneficiary and are becoming the new owner, you must name your benefidarfee below. K you fall to name beneftdaries, the beneficiaries win be as indicated in the Beneficiary provision of the contract. If additional space is needed, please use a separate sheet of paper and attach it to this form. Any attachments must be signed and dated. It you fail to indicate whether a banedchuy should be named as primary or contingent, we wlll consider all beneficiaries named to be primary. Please apaccty what percentage of the payment each beneficiary should receive. If you fail to Indicate the percentage each bonaftcfary should receive, we wIll consider all beneficiaries to be equal. Primary ? Contingent Primary ? Contingent . STREET ADDRESS OnclLftle AOL , If applo0a) STREET ADDRESS RndudsApt. P. If appsCable) 30 L I? 1 L(-T`o b -7 & Dec N T, CITY, 8 ATE and ZIP DE QTY, STATE DE Rio141 4- 5M1 h GS fA 1`1007 OLOAg D C: 1- X30 SOC. SEC. # OR TAX ID PERCE AGE SOC. SEC. # T to PERCENTAGE N8H P DATE BIRTH. REiA IONSHIP l7A F 8112TH RM Al Sky DA0014, i P, P -U.S. CfTrZEN? F NO, LIST COUNTRY HERE U.S. CITIZEN? IF NO, LIST COUNTRY HERE Yes ? No ?f /? Yes ? No J U 10'. ru?bu /2? _ _ .L l.e. /.a.Yl C.S /S n / Irf S A*W,. 4.4 ,fan INDIVIDUAL NON-QUALIFIED Page 4 of 9 Rev 05M9 Jan, 11. 2010 1:03N .r „Y No. 2354 P. 3 It is only necessary to complete this section If you are ekeft a Spousal Continuation, a Deferral of Proceeds or on Irrevocable Non- Qualified We Expectancy Death Bsnefiii Option. As the new owner, you may name your beneficiaries below. Please complete all lnfonnstion pertaining to-your boneklaries. If you are currently a joint owner elecling a Spousal Continuation end fell to creme beneficiaries, your benefciaries Al remain the same es originally named. If you we a bentiftery and ere becoming the now owner, you must name your baoefloledes below: If you fail to name beneficiaries, the benaAclerles will be as indicated In the Beneficiary provision of the contract. If additional apace to needed, please use a separate sheet of paper and attach It to iNs fonn. Any attaetxtonts must be signed and dated. If you fag to indicate whether a bonaficlary should be named as primary or contingerit, we wig consider all beneftlartee named to be primary. Please specify what percentage of the payment each beneficiary should retlelve. If you fag to indicate the percerifte each beneficiary should receive, we will consider alt beneficiaries to be equal. Primary ? Contingent OPrimary Q Contingent A NAME RES$ andxude Apt. iS C spPllcsWe STREET ADD (Indtuds Apt , . ap bls) CITY, TAM and ZIP CODE WY, STATE and P DE JCADA RL ISL- F` Pry Cho IS'' 4NNvh1 l`7oAc7• AX i PERCENT E SEC• it TAX 10 OF. 6H1P SH U.S. CMZPN? IF NO, U COUNTRY HERE U.3. 1.1 Y HERE Yes (] No Yes ? No - INDIVIDUAL NON•QUAuPIED Page 4 or e Rev 06109 t 0 Z A m } Q 0 a J N 0 i 0 i N D W to 0 b r, A a t? a" a m d 3 Y Y/I N 1 x x 0 N 4 i i i Q z W N i Jan. 11. 2010 1:04PM No. 2354 P. 4 Elect opty ONE lump sum distribution option by chacldnp the appro prisle box Before making your selection. please csreiuly review Section 6 of this form for an in-dsplh description of each (ump sum distribution election option. You may wish to consuk with your tax 8edng n eons 10 end 11. If you advisor or ettomey prior to msktag a decision. ELECTIONS NARrE oleo a IR E OCA ? bnEject option vAthhol alecl a Lump Sum Dlaftutlon option in this section, you ay O In 7. ? SEND THE LUMP SUM DISTRIBUTION CHECK TO MY ADDRESS ? SEND THE LUMP SUM DISTRIBUTION CHECK TO MY FINANCIAL INSTITUTION n 1 - Spousal NOTE: For 1035 Exch8nges, do NOT complete mailing Instructions below. Elect Continuation Elecrion Option r„onni munn in Section 7. INSTITUTtON NAME a F130! INSMTUTtON MAILING ADDRESS (Sires(, Sulte #? laity. State and Zip Code) IN"YUTION PHONE NUMBER ACCOUNFNUMBER DEPOSIT THE LUMP SUM DISTRIBUTION DIRECTLY INTO MY CHECKING ACCOUN tinted voided check is reaulmd Funds vAl) be deposited to your account within throe business days of the payment date. A p" and MUST contain the name of the Claimant. If account Information does not match Claimant informallon, or a pre-printed voided check is not attakted a chock will be sent to our address. ATTACH ERE-PRINTED VOiDEI? CHECK HERE "- (no deposit-sUI33) INDIVIDUAL NON-QUALIFIED Pegg a or a Rev 051o9 M N a .r N 0 3 Q i N 0 N m A Q p? 3 a A Y i Q )V l X Q N Q i , N r 0 2 W N i Jan. 11. 2010 1:00M No. 2354 P. 5 If you i)eWa elected to receive any type of immediate payment. you must indicate whether any funds should be withheld for income tax purposes, Any amount wNhheld will be forwarded to the IRS. The withholding election will remain In effecl until revoked. A non-periodic distribution is any distribution made from an annuity Contract that Is not annuilized (including party withdrawals and lump sum distributions). Distributions taken prior to annuitizatton are generally considered to come from the earnings In the contract first. Even If you elect not to have withholding apply, you are liable for the payment of faderai Intone tax on the taxable portion of the you may be subject to penalties under do not have enough tax withheld t ti d t f , ma e ax or es diaMbudon. If you do not maim payments o the estimated tax rules. If the wIthhoidtno 'r is la" blenk or If the octal Security number for the claimant is not "r^`i&d 10% of the taxable oortion of the ross income any gain that Is datnbuted from your contraot, and this st include in d g er, you mu distribution will be withheld. On surren company must report the income to the Internal Revenue Service. Once you amender your contract, you connot offset the reportable generally does not allow reinstatements of surrendered an k to us The com h y . p ec income even If you return the unendorsed surrender c annuity contracts. Please Cohsult with your tax advisor prior to taking a distribution or surrendering your contract. Indicate your withholding election by checking one of the boxes below: ? NO WITHHOLDING NO. i do NOT want, to have federal Income tax withheld. l= D A J 'COMI' TAX WILL SE WITHHELD UNLESS TFiISBOX IS CHECKED OR IF YCZUR CONTRACT IS A ROTH IRA. NOTE: You may Na elect out of mandatory federal Income tax withholding If. 1. You are a Non-Resident Allen; or 2. You are a U.S. citizen Nving abroad; or 3. Yoki are requesting an eligible roliaver dlstribullon from a plan qualified under Section 401 or 403(b) of the IRS Code. ? WITHHOLDING YES, i want to-have % federal Income tax withheld. Minimum withholding is 10% of the taxable amount of the distribution. You may choose another percentage greater than 10%, but you may NOT select a dollar amount. • Dfabibutions from a tax-qualified contract, including Roth IRAs, are treated as distributions of gain. Federal income tax will be withheld on the entire amount distributed. • Distributions from a plan qualified under Section 401 or 403(b) of the IRS Code may be subject to 70% withholding. If you request such a distribution, you will receive a notice outlining the applicabfe rules. If you are kin a U.S. person (including a U.S, Resident Allen), we are required to wilhhold 30% of the laxable amount unless we receive a completed IRS Form W-BBEN claiming a reduced withholding rate pursuant to a tax treaty. The IRS Form W-BBEN must have a valid U.S. Individual Taxpayer Identification number to be considered complete. INDIVIDUAL NON-QUALIFIED Page 6 of 9 Rev 05!09 ' No. 2354 P. 6 Jan. 11. 2010 1; 04PM We do not vol6nlg ty withhold in states where stale Income tax withholding is not required. Please kook for your date of residence In the fol6wino section to determine your state's income tax withholdMg requirements. ALABAMA, ALASKA, ARIZONA, COLORADO, DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, GUAM, HAWAII. D IDAHO, ILLINOIS, KENTUCKY, LOUISIANA, MICHIGAN, MINNESOTA, MISSISSIPPI, NEVADA, NEW HAMPSHIRE, NEW YORK, Q NORTH. DAKOTA, OHIO. PENNSYLVANIA, PUERTO RICO, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, III TEXAS, VIRGIN ISLANDS, WASHINGTON, WEST VIRGINIA and WYOMING residents: You may NOT elect state Income tax withholding. a ARKANSAS reaidents: If you choose to have federal income tax withheld, the lawns of your state require that stele Income tax be } withheld union you specir ally elect NOT to have state Income tax withheld. You may NOT elect out of state income tau withholding If A you are subject to mandatory federal income tax withholding or a oorrect social security number or tax Identification number Is not 0 provided. ? YES, i want state income tax withheld. ? NO, I do not want state income lax withheld. D It federal income tax withholding Is required, we.w1h automatically withhold 3% of the taxable amount (5% for eligible rollover H diabibullons). .i If YES and you did NOT elect federal Income tax withholding, we will eutomalloally withhold 3% of the taxable amount. i CALIFORNIA residents: If you choose to have federal income tax withheld, the laws of your state require that state inowne tax be withheld unless you specifically elect NOT to have state Income tax withheld. C ? YES, I want slate Income tax withhold, ? NO. I do not want slate tnoome tax withheld. G If YES and you elected federal Income tax withholding, we will automatically withhold 10'/a of the federal income lax amount unless you a apedfy.onother whole dollar amount below. N $ 00 to be withheld. This amount cannot be less than $10. Percentages are NOT permitted. 0 If YES and you did NOT elect federal income tagwithholdN, provide a whole dollar amount below to be withheld from each payment W $ l>Q_ to be withheld. This amount cannot be teas than $10. Percentages are NOT permitted. If a dollar amount is not provided, we will withhold the minimum amount of $10. CONNECTICUT residents: You may elect to have state Income tear withheld, but it Is not required. ? YES. I want state Income tax withhold. ? NO, I do not want slate income tax withheld. If YES, provide a whole dollar amount below. Percentages are NOT permitted. $ .00 to be withheld. This amount cannot be lose than $10. g a dollar amount is not provided, we will withhold the 3 minimum amount of $10. a If left blank, we will not withhold. INDIANA reeldentst You may sled to have state income tax withheld, but it is not required. ? YES, i want state income tax withheld. 0 ? NO, I do riot want state Income tax withheld. a If YES, pmrovlde a whole dollar amount below. Percentages are NOT permitted. p .00 to be withheld. This amount cannot be less than $10. If a dollar amount Is not provided, we will withhold the minimum amount of $10. If left blank, we will not withhold. IOWA residents: If you choose or are required to have federal income tax with held, the laws of your state require that 5% state income 3 tax be withheld. We will automatically withhold for you, if required. hd KANSAS residents: State Income tax withholding is required only it federal Income tax withholding is required. Federal income tax ' withholdiN is required when the sooldt security number or tax identification number to not-provided or is incorrect, or if the distribution is < an eligible rollover. p If state income tax withholding Is required, please provide the following: ? Single or 1--1 Married and # of Allowances (Including Zero) If state Irwome tax withholding Is required and marital status and/or number of allowances is not provided, wo will withhold as If you 0 were merited with three allowances. MAINE residents: 9 you choose to have federal Income lax withheld, the laws of your slate require that state income tax be withheld. iV You may opt out of state income tax withholding by completing and reluming Maine Form W.4ME; otherwise, 5% of the taxable amount X will be withheld. [I NO, I do not want state income tax withhold. I.have enclosed Maine Form W-4ME. X C if NO and Maine Form W4ME is incomplete or is not enclosed, we will withhold 504 of the taxable amount. N MARYLAND residents: If you choose to have federal income tax withheld, depending on the type of distribution, the laws of your state A may require that state Income two be withheld. We will automatically withhold 7.75% of the taxable amount, if nequirod. You may NOT elect out of state income tax wilhholding.If you are subject to mandatory federal Income tax withholding. ? YES, I went state income tax withheld. i [3 NO. i do not want slate Income-tax withheld. if YES, provide a whole dollar amount below. Percentages are NOT permitted. O $ .00 to be withheld. This amount cannot be less than $6. If a dollar amount is not provided, we will withhold the z minimum amount of $8. B INDMDUAL NON-OUALIRE;D Page 7 or 9 Rev 06109 N A Jan. I 1. 2010 1:05PM It i Q i Q C W to Q No. 2354 P. 7 a 1" MASSACHU3 residents: If you choose to have federal income tax withheld, the two of your state require that 5t000ltl1 belnbasad be vAtAhald. You may file a Massachusetts Withholding I~xemptlon CartMG8te, Form M-4p; otherwise, state withholding on zero allowances. Certificate. Form M 4P. [] I have enclosed Massachusetts Withholding Exemption If Massachusetts Withholding E Smptlon Cerillicate, Forth M-4P, is incomplete or is -not enclosed, we will withhold Massaehuselts state income tax based on zero allowances. $ 9Q Additional whole dollar amount. If any, to be withheld. Percentages are NOT permitted. MISSOURI residents: You may elect to have state income tax withheld, but It is not required. 8 YES, i want state income tax withheld. NO, I do not want state income tax withheld. If YES, provide a whole dollar amount below to be withheld. Percentages are NOT permitted: $ & to bo withheld. This amount cannot be loss than $10. If a dolor amount Is not provided, minimum amount of $10. If left blank, w>r will not withhold. INOiJTANA residents: You may elect to have state Income tax withheld, but it Is not required. ? YES, I want stele Income tax withheld. ? NO, I do not want state Income tax withheld. If YES, provide a whole dollar amount below to be withheld. Percentages are NOT permitted. $ ,00' to be withheld. This amount cannot be less than $10, If a dollar amount is not provided, minimum amount of $10. we will withhold the we will withhold the If left blank, we will not VAnnoid. NEBRASKA residents: if you choose to have federal Income tax withheld, depending on the type of distribution, the laws of your state may require that slate Income tax be withheld. We will outomsticany withhold 5% of the taxable amount, if required. You may NOT elect out of state Income tax withholding if you ere subject to mandatory federal income tax withholding. ? YES, I want slate income tax withheld. C] NO, I do not wend stale income tax withheld. If YES, we will automatically withhold 5% of the taxable amounL 11 NEW JERSEY residents: You may elect to have $1310 Income tax withheld, but it is not required. S ? YES, I went stale income tax withheld. ? NO, I do not want state Income tax withheld. fo if YES, provide a whole dollar amount below to be withheld. Percentages are NOT permitted. $ 00 to be withheld. This amount cannot be leas then $10. If a dollar amount is not provided, We will withhold the minimum amount of $10. If left blank, we will not withhold. NEW MEXICO residents: You may elect to have state Income tax withheld, but it is not required. p ? YES, I want state Income tax withheld. ? NO, I do not want slate Income tax withheld. it If YES, provide a whole dollar amount below to'be withheld. Percentages are NOT permitted. 01 $ 00_ to be withheld. This amount cannot be less than $10. If a dollar amount Is not provided, we win withhold the f1 minimum amount of $10. If left blank, we will not withhold. NORTH CAROLINA residents: If you choose to have federal Income tax withheld, the laws of your state require that state income tax m be withheld unless you specifically elect NOT to have state income tax withheld. You may NOT elect out of elate income lax withholding if you are subject to mandatory federal income tax withholding. ?nYES, I want state Income tax withheld. C 8 NO, I do not want state Income tax withheld. p it federal income lax withholding Is required, we will automatically withhold 4% of the taxable amount. It YES and you did NOT alert federal income tax withholding. we will automatically withhold 4% of the taxable amount state; that e Income tax Q OKLAHOMA residents: Ifs choose OT to have federal to have state income tax withheld.' Yo MM m may M" off NOT sl ct out of stuire ate iincometlax withholding If A withheld unless you specifically rrcl N you are subject to mandatory federal income tax withholding. i] YES. I went state income tax withheld. 7 ? NO, I do not Went stale Income tax withhold. K federal income tax withholding Is required, we will automatically withhold 5% of the taxable amount. X If YES and you did NOT elect federal income tax withholding, we will automatically withhold 5% of the taxable amount. N OREOON reeidents: if you choose to have federal income tax withheld, the Iowa of your state requWa that aisle income tax be withheld. We will automatically withhold 8% of the taxable amount. if required. You may NOT elect out of state income tax withholding ' If you have elected to have federal income tax withheld. If you did NOT elect to have federal RwMe tax withheld, you may still elect to have stale income tax withheld. i ? YES. I want to have stale income fax withheld. I If YES and you did NOT elect federal income tax withholding, we wall automatically withhold 8% of the taxable amount. Rev 06109 Page 8 of a INDIVIDUAL NO"LIALiFIED No. 2354 P. 8 b D Q IA m i D ?i i i i i 0 .i N W N A 4 a Y 7 0 X 7 X 0 N 0 i N i 0 2 N Jan. 11. 2010 1:05PM SUBSTIT ' FORM W-9 -.Undsr oenenras or oerrurv_ ="" M a`• 1. The number on this form Is my correct taxpayer Identification number (or I am waiting for a number to be issue to me); and 2. 1 am not subject to backup withholding beeauss: (a) I am exempt from backup withholding, or (b) I have not een sub ect tort r port all Intethe Internal Rinuoi rest or dividends, ore(c) the RSthhaat I s notl ed me that I ammo onigerasubje too backup withholding; and 1. I am a U.S. person neluding a U.S. resident alien), The Internal Revenue Service does not require your consent to any provisions of this document other than the certification required to avoid backup withholding. )p DATE CLAIMANT'S SIONA7URE PRINT NAME P031710N REPRESENTED - Rev 05/0 INDMDUAL NO"UALIFIED Page 8 DF 8 By making claim to these annuity proceeds. I declare that all the answers recorded on this Claimant's Statement are true and compete. to the boat of my knowledge and belief. I have read the applicable fraud notMicatlon siatement (Section d). 1 also understand the Company reserves the right to require or obtain further Information, should it be deemed necessary, and Met ALL ELECTION OPTIONS ARE IRREVOCABLE. .; . , Allstate Life Insurance Company 3100 Sanders Road Northbrook, IL 60062 - 7154 Plaintiff, v. Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 And Eva M. Laird 801 North Hanover Carlisle, Pa 17365 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW CASE NO. 10-2064-CV n ~.. N ~, . 't~- c -~ • ~._. . ~. • yam: t 'r~ ,`r-. ,_ r Y~. --~ PETITION TO ISSUE RULE TO SHOW CAUSE WHY GARY FICKEL. AS EXECUTOR OF THE ESTATE OF EVA M. LAIRD. DECEASED SHOULD NOT BE SUBSTITUTED FOR EVA M. LAIRD AND NOW, comes Defendant Gary Fickel, by and through his attorney, Mark A. Mateya, Esquire, and files this Statement of Material Facts pursuant to Pa. R.C.P. 2352(a) to substitute himself as Executor of the Estate of Eva M. Laird, deceased for her as a party to the above-referenced action setting forth as follows: 1. The instant action was originally filed by Allstate Life Insurance Company, against Ronald M. Laird and Eva M. Laird relating to a Complaint for Interpleader. 2. On or about June 28, 2005, Walter Laird purchased a flexible premium, fixed annuity from Allstate Life naming Eva M. Laird as the beneficiary of said annuity. 3. Walter Laird died on December 4, 2009. 4. Eva M. Laird was the widow of the late Walter Laird. 5. After the death of Walter Laird, Ronald Laird and Eva Laird independently filed Beneficiary designation forms with Allstate Life Insurance Company for the proceeds of the annuity. 6. Allstate Life filed an interpleader action on March 24, 2010. 7. Subsequent to the initial filing of this Interpleader and response thereto, Eva M. Laird died on Tuesday, May 4, 2010. A Death Certificate for Eva M. Laird is attached hereto as Exhibit "A". 8. Eva M. Laird died testate, and her Last Will and Testament was admitted to Probate in the Cumberland County Register of Wills' Office on May 11, 2010, Case No. 21-2010-0489. 9. Her son, Gary Fickel, was named as Executor in her Last Will and Testament and appointed by the Cumberland County Register of Wills to serve in such capacity. A copy of the Short Cerftificate issued demonstrating same is attached hereto as Exhibit "B". 10. Gary Fickel, as Executor of the Estate of Eva M. Laird, is permitted to be the successor of Eva M. Laird pursuant to Pa. R.C.P. 2352(a), and therefore substituted on the record as a party in place of the decedent, Eva M. Laird. 11. Hereafter, the parties in the caption of this case shall read Allstate Life Insurance Company, Plaintiff v. Ronald M. Laird and Gary Fickel as Executor of the Estate of Eva M. Laird, deceased, Defendants. 12. On or about May 26, 2010, Gary Fickel, Executor of the Estate of Eva M. Laird filed a Statement of Material Facts for Substitution of Gary Fickel, as Executor of the Estate of Eva M. Laird, Deceased, for Eva M. Laird. 13. Since the May 26, 2010 filing of the document referenced in Paragraph 11 hereof, there have been no objections filed to same. WHEREFORE, Gary Fickel, Executor of the Estate of Eva M. Laird respectfully requests that this Honorable Court issue a Rule to Show Cause on Plaintiff and additional Defendant Ronald M. Laird to show cause if any there shall be why Gary Fickel, Executor of the Estate of Eva M. Laird should not be substituted as a Defendant for Eva M. Laird. Respectfully submitted, ~, Mark A. Mateya, Esq. Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Date: ~ 3 ~ 6 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Sara E McCarroll Esquire Gates Halbrunner Hatch & Guise PC 1013 Mumma Road Ste 100 Lemoyne PA 17043 Lisa Stern Esquire Drinker Biddle & Reath LLP 1000 Westlakes Drive Ste 300 Berwyn PA 19312 ~~ Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: ~ ~ ~ ~' 1 Allstate Lif$ Insurance Company 3100 Sanders Road Northbrook; IL 60062 - 7154 Plaintiff, v. Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 And Eva M. Laird 801 North Hanover Carlisle, Pa 17365 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW CASE NO. 10-2064-CV \ o 'ry . ~- te r -- ~. ~--. rid - -f `_ ~ '' _. _; ` ~ S,< y`fr ~- - • ~~t , ,. _ t ~ .. -, w ~~. RULE TO SHOW CAUSE AND NOW, this g~ day of July, 2010, upon consideration of the foregoing petition, it is hereby ordered that: 1. A rule is issued upon the respondents to show cause why the petitioner is not entitled to the relief requested; 2. The respondents shall file an answer to the petition within 2 y days of this date; Or 3. Argument shall be held on of the Cumberland County Courthouse; and 2010, in Courtroom No. 4. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: ~~ J. coP~fs „~~i~C. R-u.y in . rrc~1£Y~ (~~L~'f S' ~'Zc~nRO~-~._ r~+~y ~.. S~~ ti/4/,a Allstate Life Insurance Company 3100 Sande#~s Road Northbrook, IL 60062 - 7154 Plaintiff, v. Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 And Eva M. Laird 801 North Hanover Carlisle, Pa 17365 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW CASE NO. 10-2064-CV ORDER AND NOW, upon consideration of the foregoing Petition to Issue Rule to Show Cause upon Plaintiff and Additional Defendant Ronald M. Laird, IT IS HEREBY ORDERED AND DECREED that a Rule to Show Cause shall be issued. BY THE COURT, J. r. Allstate Lift Insurance Company 3100 Sanders Road Northbrook, IL 60062 - 7154 Plaintiff, v. Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 And Eva M. Laird 801 North Hanover Carlisle, Pa 17365 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW CASE NO. 10-2064-CV n `~`; t:~ Y• . '-~~ 1~ ~. ,.._ ~~_. PETITION TO ISSUE RULE TO SHOW CAUSE WHY GARY FICKEL. AS EXECUTOR OF THE ESTATE OF EVA M. LAIRD. DECEASED SHOULD NOT BE SUBSTITUTED FOR EVA M. LAIRD N a rrc ;. A... {--- -r, tiff c~~ n•: ANDI NOW, comes Defendant Gary Fickel, by and through his attorney, Mark A. Mateya, Esquire, and files this Statement of Material Facts pursuant to Pa. R.C.P. 2352(a) to substitute himself as Executor of the Estate of Eva M. Laird, deceased for her as a party to the above-referenced action setting forth as follows: 1. The instant action was originally filed by Allstate Life Insurance Company, against Ronald M. L ird and Eva M. Laird relating to a Complaint for Interpleader. T ;~;~; ?~ . 1~ ~ ~: ytfr :`~ j'rj ~, :~~ R~ 2. ©n or about June 28, 2005, Walter Laird purchased a flexible premium, fixed annuity from Allstate Life naming Eva M. Laird as the beneficiary of said annuity. 3. Walter Laird died on December 4, 2009. 4. Eva M. Laird was the widow of the late Walter Laird. 5. After the death of Walter Laird, Ronald Laird and Eva Laird independently filed Beneficiary designation forms with Allstate Life Insurance Company for the proceeds of the annuity. 6. Allstate Life filed an interpleader action on March 24, 2010. 7. Subsequent to the initial filing of this Interpleader and response thereto, Eva M. Laird died on Tuesday, May 4, 2010. A Death Certificate for Eva M. Laird is attached hereto as Exhibit "A". 8. Eva M. Laird died testate, and her Last Will and Testament was admitted to Probate in the Cumberla4nd County Register of Wills' Office on May 11, 2010, Case No. 21-2010-0489. 9. Her son, Gary Fickel, was named as Executor in her Last Will and Testament and appointed by the Cumberland County Register of Wills to serve in such capacity. A copy of the Short Cerfti~icate issued demonstrating same is attached hereto as Exhibit "B". 10. Gary Fickel, as Executor of the Estate of Eva M. Laird, is permitted to be the successor o~'Eva M. Laird pursuant to Pa. R.C.P. 2352(a), and therefore substituted on the record as a party in place of the decedent, Eva M. Laird. 11. Hereafter, the parties in the caption of this case shall read Allstate Life Insurance Company, Plaintiff v. Ronald M. Laird and Gary Fickel as Executor of the Estate of Eva M. Laird, deceased, Defendants. 12. On or about May 26, 2010, Gary Fickel, Executor of the Estate of Eva M. Laird filed a Statement of Material Facts for Substitution of Gary Fickel, as Executor of the Estate of Eva M. Laird, Deceased, for Eva M. Laird. 13. S'ance the May 26, 2010 filing of the document referenced in Paragraph 11 hereof, there have beien no objections filed to same. Gary Fickel, Executor of the Estate of Eva M. Laird respectfully requests that phis Honorable Court issue a Rule to Show Cause on Plaintiff and additional Defendant ~onald M. Laird to show cause if any there shall be why Gary Fickel, Executor of the Estate of Eta M. Laird should not be substituted as a Defendant for Eva M. Laird. Date: ~ 3 ) 6 Respectfully submitted, ~, Mark A. Mateya, Esq. Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document ohn the following person(s) by depositing a true and correct copy of the same in the United Stags Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Sara E McCrarroll Esquire Gates Halbrµnner Hatch & Guise PC 1013 Mumr~ba Road Ste 100 Lemoyne PA 17043 Lisa Stern Esquire Drinker Biddle & Reath LLP 1000 Westlakes Drive Ste 300 Berwyn PA .19312 Dated: ' ~ 1 ~ ~~ Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax 4 r ~'~ Ti ~ ~ rwGY 2QIa ~Ut i 9 ~r~ I~~ its CUP~~ ~ ~ ~, ~~ ~; ~~~~ ~ ~ : Allstate Life Insur v. Ronald M. Laird, And Eva M. Laird, To the Prothonot Please with appearance of Low Defendant, Ronald Date: Date: Date: ~ - ~ s ince Company, Court of Common Pleas Plaintiff, Cumberland County, Pennsylvania Civil Action Docket No. 10-2064CV Defendants. PRAECIPE TO SUBSTITUTE COUNSEL craw the appearance of Sarah E. McCarroll, Esquire, and enter the 11 R. Gates, Esquire, and Mark E. Halbruner, Esquire, as counsel for the Vt. Laird, in the above-captioned action. Respectfully Submitted, Gates, Halbruner, Hatch & Guise, P.C. Sarah E. McCarrgN; Esquire Lowell R ates, Esquire Attorne #46779 Mark E. Halbruner, Esquire Attorney ID #66737 1.013 Mumma Road, Suite l 00 Lemoyne PA 17043 Telephone 717-731-9600 CERTIFICATE OF SERVICE I, Mark E. certify that I served a following: Lisa D. Stern, Es Drinker Biddle & 1000 Westlakes ] Berwyn PA 1931 (Attorneys for Pl. Mark A. Mateya, 55 West Church Carlisle PA 1701 (Attorney for Deb Date: l ~-- I/ -- of the law firm of Gates, Halbruner, Hatch & Guise, P.C., hereby and correct copy of the foregoing document today by U.S. mail to the Reath LLP rive, Suite 300 Allstate Life Insurance Co.) Eva Laird) Gates, Halbruner, Hatch & Guise, P.C. By: C - Mark E. Halbruner, Esquire Attorney I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone: 717-731-9600 Fax: 717-731-9627 (Attorneys for Defendant Ronald M. Laird) :..~ K ~=~L=[--~~ _:' iii'`. 7Q~~ ~~~. ~ ~ ~'~ 1~~ ~~ Allstate Life Insu~ v. Ronald M. Laird, And Eva M. Laird, AND NOW, C~'~~~ _ ~i'~.1~1~ 13 'i..R fk .r.~rfr11 ~f,~;Y li n zce Company, Court of Common Pleas Plaintiff, Cumberland County, Pennsylvania Civil Action Docket No. 10-2064-CV Defendants. EXECUTOR FOR DECEASED PARTY the Defendant Ronald M. Laird, by and through his undersigned counsel, and makes t~e following answer to the petition filed in the above-captioned action to substitute Gary Without Ronald M. Laird has M. Laird, deceased, f Executor, for the deceased Defendant Eva M. Laird: to his substantive rights in the above-captioned action, Defendant objection to substituting Gary Fickel, Executor of the Estate of Eva Eva M. Laird as a Defendant. Respectfully Submitted, Gates, Halbruner, Hatch & Guise, P.C. Date: ~ -- ~~ Mark E. Halbruner, Esquire Attorney ID #66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone 717-731-9600 (Attorneys for Defendant Ronald M. Laird) i :, ~ ,~ CERTIFICATE OF SERVICE I, Mark E. Hal er, of the law firm of Gates, Halbruner, Hatch & Guise, P.C., hereby certify that I served a t e and correct copy of the foregoing document today by U.S. mail to the following: Lisa D. Stern, E q. Drinker Biddle Reath LLP 1000 Westlakes rive, Suite 300 Berwyn PA 193 2 (Attorneys for P intiffAllstate Life Insurance Co.) Mark A. Mateya, Esq. 55 West Church treet Carlisle PA 1701 (Attorney for De ndant Eva Laird) Gates, Halbruner, Hatch & Guise, P.C. Date: ~- ~ - By: Mark E. Halbruner, Esquire Attorney I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone: 717-731-9600 Fax: 717-731-9627 (Attorneys for Defendant Ronald M. Laird) Allstate Life Insurance Company 3100 Sanders Road Northbrook, IL 60062 - 7154 Plaintiff, V. Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 And Eva M. Laird 801 North Hanover Carlisle, Pa 17365 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY r3 A CD CIVIL ACTION - LAW W ° .? CASE NO. 10-2064-CV c?i,? ro od v =ci Z eta - C@ 75 ? M PETITION TO MAKE RULE ABSOLUTE WHY GARY FICKEL. AS EXECUTOR OF THE ESTATE OF EVA M. LAIRD. DECEASED SHOULD NOT BE SUBSTITUTED FOR EVA M. LAIRD AND NOW, comes Defendant Gary Fickel, by and through his attorney, Mark A. Mateya, Esquire, and files this Petition to Make Rule Absolute to substitute himself as Executor of the Estate of Eva M. Laird, deceased for her as a party to the above-referenced action setting forth as follows: 1. The instant action was originally filed by Allstate Life Insurance Company, against Ronald M. Laird and Eva M. Laird relating to a Complaint for Interpleader. 2. On or about June 28, 2005, Walter Laird purchased a flexible premium, fixed annuity from Allstate Life naming Eva M. Laird as the beneficiary of said annuity. 3. Walter Laird died on December 4, 2009. 4. Eva M. Laird was the widow of the late Walter Laird. 5. After the death of Walter Laird, Ronald Laird and Eva Laird independently filed Beneficiary designation forms with Allstate Life Insurance Company for the proceeds of the annuity. 6. Allstate Life filed an interpleader action on March 24, 2010. 7. Subsequent to the initial filing of this Interpleader and response thereto, Eva M. Laird died on Tuesday, May 4, 2010. 8. Eva M. Laird died testate, and her Last Will and Testament was admitted to Probate in the Cumberland County Register of Wills' Office on May 11, 2010, Case No. 21-2010-0489. 9. Her son, Gary Fickel, was named as Executor in her Last Will and Testament and appointed by the Cumberland County Register of Wills to serve in such capacity. 10. Gary Fickel, as Executor of the Estate of Eva M. Laird, is permitted to be the successor of Eva M. Laird pursuant to Pa. R.C.P. 2352(a), and therefore substituted on the record as a party in place of the decedent, Eva M. Laird. 11. Hereafter, the parties in the caption of this case shall read Allstate Life Insurance Company, Plaintiff v. Ronald M. Laird and Gary Fickel as Executor of the Estate of Eva M. Laird, deceased, Defendants. 12. On or about May 26, 2010, Gary Fickel, Executor of the Estate of Eva M. Laird filed a Statement of Material Facts for Substitution of Gary Fickel, as Executor of the Estate of Eva M. Laird, Deceased, for Eva M. Laird. 13. Since the May 26, 2010 filing of the document referenced in Paragraph 11 hereof, there have been no objections filed to same. 14. On or about July 7, 2010, Gary Fickel, Executor of the Estate of Eva M. Laird, filed a Petition to Issue a Rule to Show Cause Why Gary Fickel, as Executor of the Estate of Eva M. Laird, Deceased, Should Not be Substituted for Eva M. Laird. 15. On or about July 8, 2010, this Honorable Court issued a Rule to Show Cause on the respondents concerning the aforementioned Petition as listed in Paragraph 14 above. 16. On or about July 19, 2010, counsel for Defendant Ronald M. Laird, filed a response to said Rule to Show Cause and did not object to the substitution of Gary Fickel, Executor of the Estate of Eva M. Laird for Eva M. Laird. WHEREFORE, Gary Fickel, Executor of the Estate of Eva M. Laird respectfully requests that this Honorable Court Make the Rule Absolute naming Gary Fickel, Executor of the Estate of Eva M. Laird as substitute Defendant for Eva M. Laird. Respectfully submitted, t Mark A. Mateya, Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Date: 1(-L J CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Mark Halbrunner Esquire Gates Halbrunner Hatch & Guise PC 1013 Mumma Road Ste 100 Lemoyne PA 17043 Lisa Stern Esquire Drinker Biddle & Reath LLP 1000 Westlakes Drive Ste 300 Berwyn PA 19312 Mark A. Mateya, E e 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: f f2L/G NOV 2 4 2010 Allstate Life Insurance Company 3100 Sanders Road Northbrook, IL 60062 - 7154 Plaintiff, V. Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 And Eva M. Laird 801 North Hanover Carlisle, Pa 17365 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW CASE NO. 10-2064-CV c CS - cnr ca C:) z,mm X, x- -? M3 D -^C r "j :U ORDER AND NOW, upon consideration of the foregoing Petition to Make Rule Absolute, IT IS HEREBY ORDERED AND DECREED that Gary Fickel, Executor of the Estate of Eva M. Laird is hereby substituted as Defendant for Eva M. Laird. *OwAr Z 1 ?.a 1 v BY THE COURT, 1444,? 1, J. G•f? y /)7. i?l3v!<o _ r. rr'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Allstate Life Insurance Company 3100 Sanders Road Suite M2 Northbrook, IL 60062-7154 Plaintiff, V. Ronald M. Laird 7815 Carlisle Road Wellsville, PA 17365 and Estate of Eva M. Laird 801 North Hanover Carlisle, PA 17365, Defendants. Court of Common Pleas of Cumberland County Civil Action Case No. 10-2064-CV t-' C MOTION FOR ENTRY OF CONSENT ORDER GRANTING INTERPLEADER RELIEF Plaintiff, Allstate Life Insurance Company ("Allstate Life"), by and through its undersigned counsel, hereby moves for the entry of the Consent Order, executed by counsel for each party and attached hereto as Exhibit A, granting Allstate Life interpleader relief in this action. Dated: December 29, 2010 Respectfully submitted, // - zIr- ;`7/? Lisa D. Stern (PA Id. 56005) Macavan A. Baird (PA Id. 204130) DRINKER BIDDLE & REATH LLP One Logan Square, Suite 2000 Philadelphia, PA 19103 Phone: (215) 988-2700 Attorneys for Plaintiff Allstate Life Insurance Company CERTIFICATE OF SERVICE I, Macavan Baird, hereby certify that, on this date, I caused a true and correct copy of the foregoing Motion to be served on Defendants by first-class U.S. mail, postage prepaid, at the following addresses: Mark E. Halbruner, Esquire Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Attorneys for Defendant Ronald M. Laird Mark A. Mateya, Esquire Mateya Law Firm, PC P.O. Box 127 Boiling Springs, PA 17001 Attorney for Gary Fickel on behalf of Defendant Estate of Eva M. Laird, Dated: December 29, 2010 _ Macavan Baird EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Allstate Life Insurance Company 3100 Sanders Road Suite M2 Northbrook, IL 60062-7154 Plaintiff, Court of Common Pleas of Cumberland County V. Civil Action d M. Laird --- 10-2064-CV 7815 Carlisle Road Wellsville, PA 17365 and Estate of Eva M. Laird 801 North Hanover Carlisle, PA 17365, Defendants. CONSENT ORDER AND NOW, this of , 2010, upon consideration of the Complaint for Interpleader filed by Allstate Life Insurance Company ("Allstate Life"), and the responses thereto, and all parties having consented to the entry of this Order: IT IS HEREBY ORDERED THAT: 1. Allstate Life shall pay into the registry of this Court the proceeds payable under annuity contract number GA 19362492 (the "Annuity Proceeds"), after deducting the attorneys' fees and costs awarded pursuant to paragraph 4; 2. Defendant Ronald M. Laird and Defendant Estate of Eva M. Laird shall assert in this action any claims to the Annuity Proceeds, and arc enjoined from commencing any actions or asserting any claims in connection therewith or related to the Annuity Proceeds. other than in this action; 3. Allstate Life is hereby discharged from any and all liability in connection with. arising out of, or relating to the Annuity Proceeds and the dispute between Defendant Ronald M. Laird and Defendant Estate of Eva M. Laird, and Allstate Life is discharged from further participation in this action: and e Attc1lte t ?F? is awarded attorneys' fees in the amount of $ 8.043.50 plus costs in the amount of S338.25 (which totals S8.381.75), which amount inny be deducted from the Annuity Proceeds and retained by Allstate Life. J. Date: 11/30/2010 Approval for entry: /s/ Lisa D. Stem Lisa D. Stern Atrornerfir 1'lriinti.111state Lire hwurance C'onilmny Mark E. Halbruner Attorney fir Defendanr Ronald A•1 Laird ??? ?; . ??'`'??-tom Mark A. Matcya Artonzey for D(.?fetulcrn 1 Mate of Eva ,LL Laird s - JAN 04 2011 IN THE COURT OF COMMON PLEAS OF CuM]3ERLAND COUNTY, PENNSYLVANIA Allstate Life Insurance Company 3100 Sanders Road Suite M2 Northbrook, IL 60062-7154 Plaintiff, Court of Common Pleas of Cumberland County Civil Action V. Ronald M. Laird Can No. 10-2064-CV 7815 Carlisle Road Wellsville, PA 17365 and V AC , Estate of Eva M. Laird en? i 801 North Hanover -4 Carlisle, PA 17365, =- ?, Defendants. cONSEIRT ORDER AND NOW, this .?a--- of , 2018, upon consideration of the Complaint for Interpleader filed by Allstate Life Ins ce Company ("Allstate Life"), and the responses thereto, and all parties having consented to the entry of this Ordcr: IT IS HEREBY ORDERED THAT: I . Allstate Life shall pay Into the registry of this Court the proceeds payable under annuity contract number GA 19362482 (the "Annuity Proceeds"}, after deducting the attorneys' fees and costs awarded pursuant to paragraph 4; 2. Defendant Ronald M. Laird and Defendant Estate of Eva M. Laird shall assert in this action any claims to the Annuity Proceeds, and arc enjoined from commencing any actions or asserting any claims in connection therewith or related to the Annuity Proceeds. other than in this action: 3. Allstate Life is hereby discharged from any and all liability in connection with. arising out of, or relating to the Annuity Proceeds and the dispute between Defendant Ronald M. Laird and Defendant Estate of Eva M. Laird, and Allstate Life is discharged from further participation in this action: and 4. Allstate Life is awarded attorneys' fees in the amount of s 8.043.50 plus costs in the amount of S338.25 (which totals SA.381.75). which amount may be deducted from the Annuity Proceeds and retained by Allstate Life. Date: l 1/30/2010 Approval for entry: 1sl Lisa 0. Stej? Lisa D. Stern .4ttorneyfr?r 1'lainti.111state Life hwurance C'vnrpanr ??? J--14??kl Ytxc> % C> Mark E. Halbruner ,tttorncy for Defendant Ronald A.I. Lairc1 ? Mark A. Matcya Anorney fi?r Defem i F_.rtale of Evu U Lair(! d ?ctc? ?'trcl . Pan- . tAw fed coO, tol" l DO -21 ALLSTATE LIFE INSURANCE COMPANY, Plaintiff VS. RONALD M. LAIRD, and GARY FICKEL, EXECUTOR OF THE ESTATE OF EVA M. LAIRD, : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV _--,_ rr 4 CIVIL ACTION - LAW NO. 10-2064 CIVIL - `' nu nRl? AND NOW, this 1 _;` day of March, 2011, following conference with counsel, trial without jury is herewith set for Friday, May 20, 2011, at 10:00 a.m. By agreement, counsel will file memoranda with the Court not less than seventy-two (72) hours prior to the hearing. BY THE COURT, "'<4- Kevin A/tIess. P. J. Mark Halbruner, Esquire For Ronald Laird ?s CAP ?8 ti Mark MateYa, Esquire For the Estate of Eva Laird Court Administrator - in bin :rlm a .. i"i 1 i ALLSTATE LIFE INSURANCE COMPANY, Plaintiff vs. RONALD M. LAIRD, and GARY FICKEL, EXECUTOR OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2064 CIVIL THE ESTATE OF EVA M. LAIRD, : Defendants IN RE: NONJURY TRIAL cra =M ?a C_ W m BEFORE HESS, P.J. ORDER AND NOW, this 131's day of June, 2011, a verdict is entered in favor of the Estate of Eva M. Laird and against Ronald M. Laird. The proceeds payable under annuity contract #GA19362482 are declared to be payable to the Estate of Eva M. Laird and the Court determines that defendant Ronald M. Laird has no interest in same. Unless post-trial motions are filed, the Prothonotary shall pay the proceeds, currently held in escrow, to the Estate of Eva M. Laird payable in such manner as counsel, Mark Mateya, Esquire, shall direct. BY THE COURT, Z Mark Halbruner, Esquire For Ronald M. Laird /Mark Mateya, Esquire For the Estate of Eva Laird :rlm CO 0 L 4EZ- -eh;k c jgj ? -a 7Z - rn -F r- e? r-a '?D-n •?r f lL !i F t a, a C±?f1 h i J UI, 22 P?1 2: C?.tlMBERLAti'D t,U4Z I ; F,ENNSYINANl `i. Allstate Life Insurance Company, Plaintiff, V. Ronald M. Laird, and Gary Fickel, Executor of the Estate of Eva M. Laird, Defendants. Court of Common Pleas Cumberland County, Pennsylvania Civil Action Docket No. 10-2064-CV RONALD M. LAIRD'S MOTION FOR POST-TRIAL RELIEF AND NOW, comes the Defendant Ronald M. Laird, by and through his undersigned counsel, and makes the following Motion for Post-Trial Relief pursuant to Pa.R.C.P. 227.1: 1. A nonjury trial was held in this action by Hon. Kevin A. Hess, P.J., on May 20, 2011. 2. The Court entered an Opinion and Order on June 13, 2011, awarding the proceeds from Walter A. Laird's annuity contract #GA19362482 to the Estate of Eva M. Laird and declaring that Ronald M. Laird has no interest in the annuity proceeds. 3. The Court erred by ignoring (a) the Post-Nuptial Agreement between Walter A. Laird and Eva M. Laird, (b) the authority granted in Paragraph 5 of Walter A. Laird's Power of Attorney to, inter alia, assign personal property, etc., and (c) the equitable effect of awarding the annuity proceeds to the Estate of Eva M. Laird, to wit, that Walter A. Laird's money would ultimately pass to his wife's children from a prior marriage. 4. These facts were established through documents admitted at trial and were discussed in Ronald M. Laird's pre-trial and post-trial legal memoranda. 5. The Court erred in determining that Walter A. Laird's Power of Attorney did not authorize Ronald M. Laird to change the annuity beneficiary. 6. This issue was raised in the pleadings, at trial, and in Ronald M. Laird's pre-trial and post-trial legal memoranda 7. No transcription of the record is requested. WHEREFORE, Ronald M. Laird respectfully requests that the Court vacate the Opinion and Order entered on June 13, 2011, and enter a judgment awarding him the proceeds from Walter A. Laird's annuity. Date: t l Respectfully Submitted, Gates, Halbruner, Hatch & Guise, P.C. Mark E. Halbruner, Esquire Attorney ID #66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone 717-731-9600 (Attorneys for Defendant Ronald M. Laird) 2 CERTIFICATE OF SERVICE I, Mark E. Halbruner, of the law firm of Gates, Halbruner, Hatch & Guise, P.C., hereby certify that I served a true and correct copy of the foregoing document today by U.S. mail to the following: Mark A. Mateya, Esq. 55 West Church Street Carlisle PA 17013 (Attorney for Defendant Eva Laird) Gates, Halbruner, Hatch & Guise, P.C. Date: c, (?a By: Mark E. Halbruner, Esquire Attorney I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone: 717-731-9600 Fax: 717-731-9627 (Attorneys for Defendant Ronald M. Laird) ALLSTATE LIFE INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW NO. 10-2064 CIVIL RONALD M. LAIRD, and GARY FICKEL, EXECUTOR OF THE ESTATE OF EVA M. LAIRD, : Defendants IN RE: MOTION OF DEFENDANT, RONALD M. LAIRD, FOR POST-TRIAL RELIEF ORDER AND NOW, this day of June, 2011, argument on the within motion for post- trial relief is set for Wednesday, August 10, 2011, at 9:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. A brief shall be filed on behalf of Ronald M. Laird not less than five (5) days prior to the date set for argument. A brief shall be filed on behalf of Gary Fickel, Executor of the Estate of Eva M. Laird, not less than two (2) days prior to the date set for argument. BY THE COURT, Mark Halbruner, Esquire For Ronald M. Laird Mark Mateya, Esquire For the Estate of Eva Laird :rlm (rp`rt'S pk' C c? c a3 rnw :Ern -C ? +Cp ?n D? -C am G.".. iV co xs cn r ~n -n M ? ?rn c) ?-n C-n oF3 C) m f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Allstate Life Insurance Company, Plaintiff, VS. Ronald M. Laird, and Gary Fickel, Executor of The Estate of Eva M. Laird, Defendants. Civil Action - Law {--, r No 10-2064 Civil r ' . rri :Z -r7 • ^? C7 cS , ANSWER OF ESTATE OF EVA M. LAIRD TO RONALD M. LAIRD'S MOTION FOR POST-TRIAL RELIEF The Estate of Eva M. Laird, by and through its undersigned attorney, answers Ronald M. Laird's Motion for Post-Trial Relief as follows. 1. The Estate of Eva M. Laird admits that a nonjury trial was held on May 20, 2011 by Judge Kevin A. Hess to determine to whom the proceeds of annuity contract #GA19362482 should be payable. 2. The Estate of Eva M. Laird admits that an Opinion and Order dated June 15, 2011, directed the proceeds of life insurance annuity contract #GA19362482 to be paid to the Estate of Eva M. Laird and held that defendant Ronald M. Laird has no interest in that same life insurance annuity. 3. The Estate of Eva M. Laird denies that the Court erred in its Opinion and Order. On the contrary, in reaching its decision that the life insurance annuity should be paid to the Estate of Eva M. Laird, the Court indicated its awareness that both Walter and Eva Laird had executed a post-nuptial Page 1 of 3 agreement in December 1982 (see Opinion and Order, p. 1, ¶ 2). It also provided legal support that an "annuity" is "generally an insurance contract" and that Ronald Laird did not have any express or general authority under the power of attorney to change the beneficiary. (See Opinion and Order, pp. 3-7). 4. The Estate of Eva Laird denies that Ronald M. Laird established any facts at trial or in his pre-trial and post-trial legal memoranda to reverse the Court's Opinion and Order. By way of further answer, it is unknown to the Estate of Eva Laird what documents admitted at trial established the matters Ronald Laird is raising. 5. The Estate of Eva Laird denies that the Court erred in determining that Walter A. Laird's Power of Attorney did not authorize Ronald M. Laird to change the annuity beneficiary. On the contrary, the Court correctly determined that life insurance annuity is payable to the Estate of Eva Laird. 6. The Estate of Eva Laird denies that "this issue" was raised in the pleadings, at trial, and in Ronald M. Laird's pre-trial and post-trial legal memoranda. The pleadings and trial transcript speak for themselves. 7. The Estate of Eva Laird has received a transcription of the trial transcript. Page 2 of 3 WHEREFORE, the Estate of Eva Laird requests that the Court deny the post-trial motion of Ronald M. Laird, that it award attorney's fees for this baseless motion, and that it direct the Prothonotary to pay the proceeds, currently held in escrow, to the Estate of Eva M. Laird, payable in such manner as attorney Mark Mateya shall direct. Respectfully submitted, _ 6'tl A 6? Mark A. Mateya Attorney ID No. 78931 55 West Church Ave. Carlisle, PA 17013 (717) 241-6500 Attorney for Estate of Eva M. Laird Dated: 1( Page 3 of 3 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Mark Halbrunner, Esq. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Mark A. Mateya, quire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: O Wd 1 ALLSTATE LIFE INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO. 10-2064 CIVIL .? --? RONALD M. LAIRD, and MW s MW rnF= ?o GARY FICKEL, EXECUTOR OF CO THE ESTATE OF EVA M. LAIRD, : .CO o Defendants 0 3 IN RE: MOTION OF DEFENDANT RONALD M. LAIRD FORS o POST-TRIAL RELIEF ORDER AND NOW, this /B '* day of August, 2011, following argument, the Court being satisfied that this matter was properly resolved in our opinion and order of June 13, 2011, the motion of the defendant, Ronald M. Laird, for post-trial relief, is DENIED. BY THE COURT, VI Kevin As, P. J. Z Mark Halbruner, Esquire For Ronald M. Laird Mark Mateya, Esquire For the Estate of Eva Laird :rlm i Allstate Life Insurance Company, : Court of Common Pleas Plaintiff, : Cumberland County, Pennsy lvania V. Civil Action -_ Ronald M. Laird, Docket No. 10-2064-CV ?m ? M =;O -v -UM and ?' Gary Fickel, Executor of the Estate of ?' ?? x Eva M. Laird, ? ca p Defendants. ;.a NOTICE OF APPEAL Notice is hereby given that Ronald M. Laird, one of the above-named Defendants, hereby appeals to the Superior Court of Pennsylvania from the final order entered in this matter on August 18, 2011. This order has been entered in the docket as evidenced by the attached copy of the docket entry. 7 Date: Mark E. Halbruner, Esquire Attorney ID #66737 Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone 717-731-9600 (Attorneys for Defendant Ronald M. Laird) r y P.oo 'PA_ A CK *1 7 y y73-5- CbOrT 08554309132011 Cumberland County Prothonotary's Office 4 Page 1 PYS5 10 Civil Case Print 2010-02064 ALLSTATE LIFE INSURANCE CO (vs) LAIRD RONALD M ET AL Reference No... Filed......... 3/24/2010 Case Type...... COMPLAINT Time.......... 1:16 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info ALLSTATE LIFE INSURANCE PLAINTIFF BAIRD MACAVAN A COMPANY 3100 SANDERS RD SUITE M2 NORTHBROOK IL 60062 7154 LAIRD RONALD M DEFENDANT GATES LOWELL R 7815 CARLISLE RD HALBRUNER MARK E WELLSVILLE PA 17365 LAIRD EVA M DEFENDANT MATEYA MARK A 801 NORTH HANOVER CARLISLE PA 17365 ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - - - - - - - 3/24/2010 COMPLAINT - CIVIL ACTION BY MACAVAN A BAIRD ESQ ------------------------------------------------------------------- 4/09/2010 ENTTRY OF APPEARANCE FOR DEFT RONALD M LAIRD - BY SARAH E MCCARROLL ------------------------------------------------------------------- 4/09/2010 DEFENDANT RONALD M LAIRDS ANSWER TO ALL STATES COMPLAINT FOR INTERPLEADER - BY SARAH E MCCARROLL ATTY FOR DEFT RONALD M LAIRD ------------------------------------------------------------------- 4/19/2010 ENTRY OF APPEARANCE FOR DEFT EVA M LAIRD - BY MARK A MATEYA ESQ ------------------------------------------------------------------- 4/19/2010 DEFENDANT EVA LAIRDS ANSWER TO ALLSTATES COMPLAINT FOR INTERPLEADER - BY MARK A MATEY ATT FOR DEFT EVA LAIRDS ------------------------------------------------------------------- 4/21/2010 SHERIFF'S RETURN - 4/19/10 - COMPLAINT FOR INTERPLEADER UPON DEFT EVA M LAIRD AT 1 LONGSDORF WAY CARLISLE 17013 SHERIFF'S COST $63.80 ------------------------------------------------------------------- 4/27/2010 SHERIFF'S RETURN - 4/5/10 - YORK COUNTY - COMPLAINT FOR INTERPLEADER UPON DEFT RONALD M LAIRD AT 7815 CARLISLE ROAD WELLSVILLE 17365 SHERIFF'S COST $63.80 ------------------------------------------------------------------- 5/26/2010 STATEMENT OF MARTERIAL FACTS FOR SUBSTITUTION OF GARY FICKEL AS EXECUTOR OF THE ESTATE OF EVA M LAIRD DECEASED FOR EVAM M LAIRD - BY MARK A MATEYA ATTY FOR DEFT ------------------------------------------------------------------- 6/04/2010 PRAECIPE TO ATTACH EXHIBIT TO COMPLAINT - BY MACAVAN A BAIRD ATTY FOR PLFF ------------------------------------------------------------------- 7/07/2010 PETITION TO ISSUE RULE TO SHOW CAUSE WHY GARY FICKEL-AS EXECUTOR OF THE ESTATE OF EVA M LAIRD DECEASED-SHOULD NOT BE SUBSTITUTED FOR EVEA M LAIRD - BY MARK A MATEYA ATTY FOR DEFT GARY FICKEL ------------------------------------------------------------------- 7/09/2010 RULE TO SHOW CAUSE - 7/8/10 IN RE: PETITION TO ISSUE RULE TO SHOW CAUSE WHY GARY FICKEL AS EXECUTOR OF THE ESTATE OF EVA M LAIRD DECEASED SHOULD NOT BE SUBSTITUED FO EVA M LAIRD - 1- A RULE IS ISSUED UPON THE RESPONDENTS TO SHOW CAUSE WHY THE PETITIONER IS NOT ENTITLED TO THE RELIEF REQUESTED 2- THE RESPONDENTS SHALL FILE AN ANSWER TO THE PETIION WITHIN 20 DAYS OF THIS DATE - BY KEVIN A HESS PJ - COPIES MAILED 7/9/10 ------------------------------------------------------------------- 7/19/2010 PRAECIPE TO SUBSTITUTE COUNSEL - WITHDRAW THE APPEARANCE OF SARAH E MCCARROLL ESQ AND ENTER THE APPEARANCE OF LOWELL R GATED ESQ AND 08554309132011 Cumberland County Prothonotary's Office Page 2 PYS5'10 Civil Case Print 2010-02064 ALLSTATE LIFE INSURANCE CO (vs) LAIRD RONALD M ET AL Reference No... Filed. 3/24/2010 Case Type...... COMPLAINT Time.......... 1:16 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.. Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: MARK E HALBRUNER ESQ FOR DEFT Higher Crt 2.: ----------------------------------------------------------------- 7/19/2010 ANSWER TO PETITION TO SUBSTITUTE EXECUTOR FOR DECEASED PARTY - BY MARK E HALBRUNER ATTY FOR DEFT ------------------------------------------------------------------- 11/23/2010 PETITION TO MAKE RULE ABSOLUTE WHY GARY FICKEL AS EXECUTOR OF THE ESTATE OF EVA M LAIRD DECEASED SHOULD NOT BE SUBSTITUTED FOR EVA M LAIRD - BY MARK A MATEYA ATTY FOR DEF ------------------------------------------------------------------- 11/30/2010 ORDER - 11/29/10 IN RE: PETITION TO MAKE RULE ABSOLUTE WHY GARY FICKEL AS EXECUTOR OF THE ESTATE OF EVA M LAIRD DECEASED SHOULD NOT BE SUBMITTED FOR EVA M LAIRD - GARY FICKEL IS HEREBY SUBSTITUTED - BY KEVIN A HESS PJ - COPIES MAILED 11/30/10 ------------------------------------------------------------------- 1/03/2011 MOTION FOR ENTRY OF CONSENT ORDER GRANTING INTERPLEADER RELIEF - BY MCAVEN A BAIRD ATTY FOR PLFF ------------------------------------------------------------------- 1/13/2011 PETITION TO REQUEST A HEARING - BY MARK A MATEYA ATTY FOR PLFF ----------------------------------------------------------------- 1/06/2010 CONSENT ORDER - DATED 1/5/11 - IN RE MOTION FOR ENTRY OF CONSENT ORDER INTERPLEADER RELIEF - ORDERED THAT ALLSTATE LIFE SHALL PAY INTO THE REGISTRY OF THE COURT THE PROCEEDS PAYABLE UNDER THE ANNUITY CONTRACT - BY THE COURT KEVIN A HESS J - COPIES MAILED 1/6/11 ------------------------------------------------------------------- 1/19/2011 BOND PAID BY ALLSTATE IN THE AMOUNT OF $98820.17 ------------------------------------------------------------------- 3/17/2011 ORDER - 3/17/11 - FOLLOWING CONFERENCE WITH COUNSEL TRIAL WITHOUT JURY IS HEREWITH SET FOR 5/20/11 AT 10:00 AM - BY AGREEMENT COUNSEL WILL FILE MEMORANDA WITH THE COURT NOT LESS THAN 72 HOURS PRIOR TO THE HEARING - BY KEVIN A HESS PJ - COPIES MAILED 3/18/11 ------------------------------------------------------------------- 6/03/2011 TRANSCRIPT FILED ----------------------------------------------- -------------------- 6 13/2011 ORDER - 6/13/11 IN RE: NON JURY TRIAL - BY THE COURT KEVIN A HESS PJ - COPIES MAILED 6/13/11 -------------------------------------------- ----------------------- 6 22/2011 RONALD M LAIRD'S MOTION FOR POST TRIAL RELIEF - BY MARK E HALBRUNER ATTY FOR DEF ------------------------------------------ ------------------------- 6 28/2011 ORDER DATED 6-21-11 IN RE MOTION OF DEFENDANT RONALD M LAIRD FOR POST TRIAL RELIEF - ARGUMENT IS SCHEDULED FOR AUGUST 10 2011 AT 9 15 IN CR 4 - BRIEF SHALL BE FILED LESS THAN 5 DAYS PRIOR TO THE ARGUMENT DATE - BY THE COURT KEVIN A HESS PJ -COPIES MAILED 6-28-11 ------ ---------------- 8/08/2011 ANSWER-OF-ESTATE OF EVA-M-LAIRD-TO-RONALD ------------------ M LAIRD'S - MOTION - FOR ----- POST-TRIAL RELIEF- BY MARK A MATEYA ATTY FOR DEF ESTATE OF EVA LAIRD ----- 8/18/2011 ORDER - 8/18/11---IN-RE:-MO TION-OF-DEFT-RONALD M LAIRD FOR --------- POST-TRIAL RELIEF - MOTION IS DENIED - BY THE COURT KEVIN A HESS PJ - COPIES MAILED 8/18/11 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - *************************************** ***************************************** * Escrow * Fees & Debits Beq Bal *************** Information Py mts/Add End Bal ***************** ****** * ** ****** **** *************************** COMPLAINT 55.00 TAX ON CMPLT 55.00 .00 .50 SETTLEMENT 8.00 .50 8.00 .00 00 AUTOMATION 5.00 JCP FEE 5.00 . .00 23.50 BOND 98820.17 -------------- 23.50 98820.17 ---------- ---- .00 .00 -------- •08554309132011 Cumberland County Prothonotary's Office Page 3 PYS5'10 Civil Case Print 2010-02064 ALLSTATE LIFE INSURANCE CO (vs) LAIRD RONALD M ET AL Reference No..: Filed........: 3/24/2010 Case Type...... COMPLAINT Time.......... 1:16 Judgment.:.... 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.. Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 98912.17 98912.17 .00 ******************************************************************************** * End of Case Information ******************************************************************************** *t. i? h }FROM RECORD r iNND Mt my h" A•. CERTIFICATE OF SERVICE I, Mark E. Halbruner, of the law firm of Gates, Halbruner, Hatch & Guise, P.C., hereby certify that I served a true and correct copy of the foregoing document today by U.S. mail to the following: Hon. Kevin A. Hess, P.J. Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Melissa H. Calvanelli, Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Barbara Graham, Court Reporter 2037 Ritner Highway Carlisle PA 17015 Mark A. Mateya, Esq. 55 West Church Street Carlisle PA 17013 (Attorney for Defendant Estate of Eva M. Laird) Macavan A. Baird, Esq. Drinker Biddle & Reath LLP One Logan Square, Suite 2000 Philadelphia PA 19103 (Attorneys for PlaintiffAllstate Life Insurance Co.) Gates, Halbruner, Hatch & Guise, P.C. Date: By: ? " Mark E. Halbruner, Attorney I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone: 717-731-9600 Fax: 717-731-9627 (Attorneys for Defendant Ronald M. Laird) S uperior Court of P ennsylvania Karen Reid H?art?lett, Esq. Midde Di?trid FErxx?Ava?ia.Juotidal Cents Prothonotary P.O. Box 62435 MilaiK Mrkobrai, Est. 1C Trrur ves1thAverx* Wte1600 DgxAyProthonotay Harridxrg PA 171M2435 September 16, 2011 (717) 7721294 www. q3a ri or. court. state pa us Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Allstate Life Insurance Company riW c? V. Ronald M. Laird ter` ?? Appellant r- X> `° oC? v. > 'v n Estate of Eva M. Laird 1626 M DA 2011 cn Trial Court Docket No: 2010-02064 Dear David D. Buell: Enclosed please find a copy of the docket for the above appeal that as recently filed in the Superior Court. Kindly review the information on this docket and notify th s office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, purs nt 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 /krc Enclosure 1:25 P.M. Appeal Docket Sheet Docket Number: 1626 MDA 2011 Page 1 of 3 September 16, 2011 Allstate Life Insurance Company v. Ronald M. Laird Appellant v. Estate of Eva M. Laird Initiating Document: Case Status: Case Processing Status: Journal Number: Case Category: Notice of Appeal Active September 16, 2011 Civil CAPTION CASE INFORMATION Superior Court of Pennsylvania Sec re Awaiting Original Record Case Type(s) CONSOLIDATED CASES RE SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next E Next Event Type: Original Record Received Next E COUNSEL INFORMATION Appellant Lai Pro Se: No IFP Status: No Attorney: Bar No: Law Firm: Address: 1013 Mumma Rd Ste 100 Lemoyne, PA 17043 Phone No: (717) 731-9600 Fax No: Receive Mail: Yes Receive EMail: No rd, Ronald M. Appoint Counsel Status: Represented Halbruner, Mark E. 066737 Gates, Halbruner, Hatch & Guise, P.C. Gates Halbruner Hatch ET AL ivil Action Law TED CASES Pent Due Date: September 30, 2011 Pent Due Date: November 14, 2011 1:25 P.M. Appeal Docket Sheet Docket Number: 1626 MDA 2011 Page 2 of 3 September 16, 2011 Appellee Est Pro Se: No IFP Status: No Attorney: Bar No: Law Firm: Address: Superior Court of Pennsylvania Sec re COUNSEL INFORMATION sate of Eva M. Laird Appoint Counsel Status: Represented Mateya, Mark A. 078931 Mateya Law Firm Mateya Law Firm 55 W Church Ave Carlisle, PA 17013 Phone No: (717) 241-6500 Fax No: Receive Mail: Yes Receive EMail: No Appellee Allstate Life Insurance Company Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Baird, Macavan Alexander Bar No: 204130 Law Firm: Montgomery, McCracken, Walker & Rhoads, L.L.P. Address: Drinker Biddle & Reath 18th & Cherry Sts FI 23 Philadelphia, PA 19104 Phone No: (215) 988-3358 Fax No: Receive Mail: Yes Receive EMail: No FEE INFORMATION Fee Dt Fee Name Fee Amt 09/14/2011 Notice of Appeal 73.50 09/161201 AG ENCY/TRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: CL Order Appealed From: August 18, 2011 Judicial District: 09 Documents Received: September 16, 2011 Notice of Appeal Filed: Se Order Type: Order Entered OTN(s): Lower Ct Docket No(s):2010-02064 Lower Ct Judge(s): Hess, Kevin A. President Judge ORIGINAL RECORD CONTENT Original Record Item Filed Date Cc t Receipt No Receipt Amt 1 2011-SPR-M-000809 73.50 County Civil Division 14, 2011 Description Date of Remand of Record: BRIEFING SCHEDULE None None 1:25 P.M. Appeal Docket Sheet Suierior Court of Pennsylvania Docket Number: 1626 MDA 2011 Page 3 of 3 Sect re September 16, 2011 DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type iled By September 16, 2011 Notice of Appeal Docketed Appellant gird, Ronald M. September 16, 2011 Docketing Statement Exited (Civil) fiddle District Filing Office V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Allstate Life Insurance Company, Plaintiff, VS. Ronald M. Laird, and Gary Fickel, Executor of The Estate of Eva M. Laird, Defendants. Civil Action - Law No. 10-2064 Civil _.u --, :ZM a m r L o APPLICATION OF THE ESTATE OF EVA LAIRD TO DETERMINE STATUS AND TERMS OF SUPERSEDEAS PENDING APPEAL BY RONALD M. LAIRD The Estate of Eva M. Laird, by and through its undersigned attorneys, moves this Court pursuant to Pa. R.A.P. 1731 et seq. to determine whether a supersedeas is in effect and to determine the amount of appropriate security Appellant Ronald M. Laird must deposit with the clerk of this Court to ensure that Eva Laird's Estate is reimbursed for damages it is incurring pending the appeal. The damages include loss of use of the insurance annuity proceeds awarded by this Court to the Estate of Eva M. Laird, interest, costs of the matter, and costs on appeal, including attorneys' fees. In support of this application, the Estate of Eva Laird states the following: Procedural History 1. On March 24, 2010, Allstate Life Insurance Company initiated an interpleader action based upon two competing claims for a life insurance annuity contract #GA19362482. 2. On January 6, 2011, a consent order placed the annuity proceeds in escrow in the Cumberland County Prothonotary's Office. 0 Page 1 of 6 3. On January 19, 2011, the Prothonotary's Office of this Court docketed that it received the life insurance annuity proceeds in the amount of $98,820.17 from Allstate Life Insurance Company. 4. On June 13, 2011, following a nonjury trial, this Court entered a verdict in favor of the Estate of Eva M. Laird and against Ronald M. Laird. The Court directed the Prothonotary of this Court to pay the proceeds of Allstate Life Insurance annuity contract #GA19362482 to the Estate of Eva M. Laird. 5. On June 22, 2011, Ronald M. Laird filed a motion for post trial relief. 6. On August 18, 2011, after hearing oral argument and reviewing the submitted briefs, this Court denied the post trial motion of Ronald M. Laird. 7. On September 29, 2011, the Estate of Eva M. Laird filed a praecipe with the Prothonotary of this Court to enter judgment and pay the proceeds to the Estate, as directed by attorney Mark Mateya. Praecipe was served on opposing counsel on August 30th, 2011. It was errantly not recorded with the Prothonotary until September 29th, 2011. 8. On September 14, 2011, Ronald M. Laird filed a Notice of Appeal. Facts pertinent to this Annlication 9. Pa. R.A.P. 1731-1751 guide the parties in the matter of stays in civil matters pending an appeal. 10. Pa. R.A.P. 1733(b), which explains the requirements for supersedeas where tangible property is at issue, provides in relevant part: Page 2 of 6 When the order determines the disposition of the property in controversy ... or when the proceeds of such property ... is in the possession, custody or control of the court, the amount of the additional security shall be fixed by agreement of the parties, or by the court, at such sums only as will secure any damages for the use and detention of the property, interest, the costs of the matter and costs on appeal. (emphasis provided). 11. Pa. R.A.P. 1735 requires "[t]he filing of appropriate security in the amount required ... within 30 days from the entry of the order appealed ... [to] stay any execution theretofore entered." 12. Pa. R.A.P. 1735 further provides that `[t]he filing of such appropriate security after the 30 day period shall stay only executions or distributions thereafter issued or ordered." 13. Following receipt of service of the filing of the Notice of Appeal, attorney Mateya inquired with both the Prothonotary and Attorney Mark Halbruner to determine whether security had been deposited with the Court. 14. To date, Ronald M. Laird has not filed any security with the Court, as required by the Pennsylvania Rules of Appellate Procedure. 15. The life insurance annuity proceeds remain in the custody of the Prothonotary's Office for this Court. It is believed that these proceeds remain in a non-interest bearing account. 16. Attorney Mateya unsuccessfully attempted to reach an agreement on the amount of security Ronald M. Laird should deposit pending the outcome of the appeal. 17. No stay is in effect under the Pennsylvania Rules of Appellate Procedure. Page 3 of 6 18. The life insurance annuity proceeds should be paid to the Estate of Eva M. Laird. 19. The Estate of Laird requests this Court to set a determined amount of security that Appellant Ronald M. Laird must deposit. This security must cover the damages incurred by the Estate of Eva M. Laird for detention of the property, interest, costs of the matter including attorneys fees and costs of appeal. 20. The Estate of Eva M. Laird is willing to place the life insurance proceeds THIS SPACE LEFT BLANK INTENTIONALLY Page 4 of 6 in escrow in an interest-bearing account, pending outcome of the immediate appeal. WHEREFORE, appellee the Estate of Eva M. Laird requests that this Court determine the following: (a) whether a stay is in effect, and what the terms of that stay are. It requests that the annuity proceeds be paid to the Estate and that the Estate be directed to place the life insurance annuity proceeds in escrow in an interest- bearing account pending the outcome of the immediate appeal. (b) a security amount appellant Ronald M. Laird must deposit with the Prothonotary of this Court to cover the damages and costs, including attorneys' fees, it can seek in a Bill of Costs when it is the prevailing party on the appeal. Respectfully submitted, Mark A. Mateya Attorney ID No. 78931 (PA) Alexandra Makosky Attorney ID No. 80267 (PA) 55 West Church Ave. Carlisle, PA 17013 (717) 241-6500 Attorneys for Estate of Eva M. Laird, Appellee Dated: September 29, 2011 Page 5 of 6 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing application of the estate of Eva Laird to determine status and terms of supersedeas pending appeal by Ronald M Laird document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Mark Halbrunner, Esq. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Dated: q. Z'q I ( lit Mark A. Mateya, Esq e 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax R ., lf' ty?? iT,r ik._ . ?Lm l OCT -w PH 2. L1iiiBEt?R?./.AKter ''ggt.'tt !-f 114 t*f Y'1t ??11"'? Allstate Life Insurance Company, Plaintiff, V. Ronald M. Laird, and Gary Fickel, Executor of the Estate of Eva M. Laird, Defendants. TO THE PROTHONOTARY: : Court of Common Pleas : Cumberland County, Pennsylvania Civil Action Docket No. 10-2064-CV PRAECIPE TO ENTER JUDGMENT Pursuant to Pa.R.C.P. 227.4, please enter judgment in favor of Gary Fickel, Executor of the Estate of Eva M. Laird, consistent with the verdict entered June 13, 2011, and the order entered q 'R I z a, p t`l August 18, 2011, denying Ronald M. Lairds motion for post-trial relief. •, ?` ?- Date: O Mark E. Halbruner, Es uire Attorney ID #66737 Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone 717-731-9600 (Attorneys for Defendant Ronald M. Laird) ?? ??y. ? ?a n I ?,Sh aL#Sy4U b %. CERTIFICATE OF SERVICE I, Mark E. Halbruner, of the law firm of Gates, Halbruner, Hatch & Guise, P.C., hereby certify that I served a true and correct copy of the foregoing document today by U.S. mail to the following: Mark A. Mateya, Esq. 55 West Church Street Carlisle PA 17013 (Attorney for Defendant Estate of Eva M. Laird) Macavan A. Baird, Esq. Drinker Biddle & Reath LLP One Logan Square, Suite 2000 Philadelphia PA 19103 (Attorneys for Plaintiff Allstate Life Insurance Co.) Gates, Halbruner, Hatch & Guise, P.C. Date: By: Mark E. Halbruner, Esq ire Attorney I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone: 717-731-9600 Fax: 717-731-9627 (Attorneys for Defendant Ronald M. Laird) `TARY OFFICE - GENERAL FI_IND F ILEO'0F FACE OF THE PROTHONOTARY 2011 Nov -4 pm 1: 10 CUPE NSY VANIANTY INFOCON CORPORATION[L1558HB13385603 ORRSTOWN BANK SHIPPENSBURG, PA CUMBERLAND COUNT- PROTHONOTARY OFFICE 60-1503/313 GENERAL FUND 1 COURTHOUSE SQUARE, SUITE 100 CARLISLE, PA 17013 a CHECK DATE CHECK NUMBER PAY THIS AMOUNT o Nn U_ A4 ?a 1 2095 98, R.W. 17 a TO THE ORDER OF /Ulf ?- Y I I 0-s AUTHO D SIGNATURE E .2l]tA _ -?AL41 - ,? 11100 209 511' {:0 3 L 3 150 36{: 1013 L L L 17 L11° L5 =o m Z Z W C Q S c:4 < U Cr' ^ 0 Z N O Q C rc--i 3 r G ? O O H T C ? a? o cn G > cs c _ ccS ? a? ? cn a O _ - s F-' C ? . ? o00 ?5i ALLSTATE LIFE INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. RONALD M. LAIRD, and GARY FICKEL, EXECUTOR OF THE ESTATE OF EVA M. LAIRD, : Defendants AND NOW, this CIVIL ACTION - LAW NO. 10-2064 CIVIL ORDER e2 4 day of November, 2011, it appearing that counsel have come to an agreement with regard to the annuity proceeds in this case, the Prothonotary is directed to place said proceeds in an interest bearing account. BY THE COURT, Kevin /Al. Hess, P. J. Mark Halbruner, Esquire For Ronald M. Laird ark Mateya, Esquire For the Estate of Eva Laird rlm -? 1. -? - .; 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: ALLSTATE LIFE INSURANCE COMPANY Vs. RONALD M. LAIRD EVA M. LAIRD 2010-2064 CIVIL TERM 1626 MDA 2011 The documents comprising the record have been numbered from No. 1 t 225, and attached hereto as Exhibit A is a list of the documents correspondingly nuNered 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 11/17/2011. Da ' u , Prothonot Alma Kostjerevac, Deputy An additional copy of this certificate is enclosed. Please sign and date cony, thereby acknowledging receipt of this record. Date Signature & Title Received in Superior Court NOV 18 2011 MIDDLE Allstate Life Insurance Company, Plaintiff, v. Ronald M. Laird, and Gary Fickel, Executor of the Estate of Eva M. Laird., Defendants Court of Common Pleas Cumberland County, Pennsylvania Civil Action Docket No. 10-2064-CV MOTION TO ENTER JUDGMENT AND RELEASE ESCROW FUNDS z~;~ ;;. _~ _--; ,,~_, .> ANI}NOW. comes the Defendant Ronald M. Laird, by and through his undersigned counsel, and makes the following motion: 1. The Cumberland County Prothonotary placed the proceeds from Walter Laird's Allstate Life Insurance Company annuity in an interest-bearing account pending the decision of Ronald M. l,aird's appeal to the Superior Court of Pennsylvania. 2. On September 6, 2012, the Superior Court of Pennsylvania issued its decision reversing thin C'ourt's Orders of June 13, 201 1, and August 18, 20l 1, and the judgment entered in this Court on October 4, 20l 1, and remanding the case to this Court with instructions to enter ,judgment in favor of Ronald M. Laird, declaring that he is entitled to the escrowed proceeds from Walter Laird's annuity. 3. The time for further appeals has expired, and the Superior Court Prothonotary has remitted the record to the Cumberland County Prothonotary. WHEREFORE, Ronald M. Laird respectfully requests an Order entering judgment in his favor, declaring that he is entitled to the escrowed proceeds from Walter Lairds annuity and directing the Cumberland County Prothonotary to release the escrow funds by check payable to Ronald M. Laird and delivered to his undersigned counsel. Respectfully Submitted, Gates, Halbruner, Hatch & Guise, P.C~. -,.~ r' ~ _ ,- f ! ___ %_1,. Date:.-- = `~ ~ ~ - J ti 'z ~ C ~'`- ---- Mark E. Halbruner, Esquire Attorney ID #66737 ] 013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone 717-731-9600 (Attorneys, for Defendant Ronald M. Laird] 2 CERTIFICATE OF SERVICE L Mark E. Halbruner, of the law firm of Gates, Halbruner, Hatch & Guise, Y.C., hereby certify that I served a true and correct copy of the foregoing document today by i~'.S. mail to the following: Macavan A. Baird, Esq. Drinker Biddle & Reath LLP One Logan Square, Suite 2000 Philadelphia PA 19103 (.gllorneys tc~r Plai~tiffAllstate Life Insurance Co.) Mark .A. Mateya, Esq. 55 West Church Street Carlisle PA 17013 (4ttorney for Estate ~f Eva ~L Lairds Date: ~~.__ ' ~ l"t ~ ~ ~ Gates, Halbruner, Hatch & Guise. P.C. ~- _ ._ .., .. _, ---~.~- ~--- Mark E. Halbruner. Esquire Attorney I.D. #66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone: 717-731-9600 Fax:717-731-9627 (fl.ttorneys,for Defendant Rnncxld ~1I. Laird) .- J-A12038-12 NON-PRECEDENTIAL DECISION -SEE SUPERIOR COURT I.O.Pu 65.37 ALLSTATE LIFE INSURANCE COMPANY, i IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee RONALD M. LAIRD, V. Appellant v. ESTATE OF EVA M. LAIRD, Appellee i . -, _.., I ., __ Appeal from the Judgment Entered) of October 4, 2011 in the Court of Common Pleas of Cumberland County Civil Division at No(s): 2010-02064 BEFORE: GANTMAN, LAZARUS, AND MUNDY, JJ. MEMORANDUM BY MUNDY, J.: FILED SEPTEMBER 06, 2012 Appellant, Ronald M. Laird, appeals from the October ~~~, 2011 judgment declaring proceeds of an annuity contract, entered into between Allstate Life Insurance Company (Allstate) and Walter Laird (Decedent), payable to the Estate of Eva M. Laird (Estate) and determining that Appellant had nc- interest therein. After careful review, we reverse the trial court's orders of June 13, 2011 and August 18, 2011, vacate the October 4, 2011 judgment and remand for further proceedings consistent with this memorandum. -A12038-12 The factual background and procedural history of this case,. as aptly summarized by the trial court, are not in dispute. [Decedent] and Eva Laird married on July 6, 1982. On December 16, 1982, [Decedent] and Eva executed several documents concerning their estates. One was apost-nuptial agreement which set aside each of their respective estates for their children from previous marriages. [Decedent] also executed a power of attorney ... which named his son, [Appellant], as attorney-in-fact and a Will that named [Appellant] as executor and his two children as equal beneficiaries. Eva executed a Will that named her son, Gary Fickel, as executor and her four children as equal beneficiaries. More than twenty- two years later, on June 20, 2005, Wafter purchased a flexible premium, fixed annuity from they Allstate Life Insurance Company with :100,000 from his checking account. Eva was named sole berneficiary. [Appellant] was unaware that the annuity had been purchased until late in 2009, only twenty-eight days before [Decedent's] death. On December ~4, 2009, two days before [Decedent's] passing, [Appellant] faxed a beneficiary designation form to Allstate changing the beneficiary and designating himself as the annuity beneficiary. He now asserts a claim with respect to the annuity having designated himself the beneficiary. Eva has made a similar claim, contending that [Appellant's] attempt to change the beneficiary was invalid. On March 24, 2010, Allstate filed the instant action for interpleader in light of the competing claims.~l~ Eva subsequently died on May L Allstate initiated the instant matter by filing a "Complaint for Interpleader," naming Appellant and Eva Laird as defendants. We note that under our rules of civil procedure a petition for interpleader is available to a defendant to an existing action who faces competing claims from parties not of record. See Pa.R.C.P. 2301-2324. Interpleader is not: a procedure used to initiate a cause of action. Allstate's complaint was in essence an acaion for declaratory judgment, and the procedures followed were largely commensurate therewith. See 42 Pa.C.S.A. §§ 7531-7541; Pa.R.C.P. 1601- (FootnotE~ Continued Next Page) -2- J-A12.038-12 4, 2010. Her [Estate] was substituted as a party to this action on November 30, 2010. Thf~ annuity proceeds ($98,820.17) are being held in escrow in the Cumberland County Prothonotary's Office pursuant to a consent order issued on January 6, 2011. A brief nonjury trial in this matter was held on May 20, 2011. Trial Court Opinion, 6/13/11, at 1-2. Following the May 20, 2011 non-jury trial, the trial court entered an opinion and order on June 13, 2011, declaring that Appellant lacked authority under Decedent's power of attornE:y to change the beneficiary of Decedent's annuity contract with Allstate, and determining that the proceeds from the annuity were due the Estate. Appellant filed a motion for post-trial relief on June 22, 2011, which the trial court denied by order entered August 18, 2011. Appellant filed a notice of appeal on September 14, 2011.` The trial court did riot order Appellant to file a concise >tatement of errors complained of ors appeal pursuant to Pa.R.A.P. 1925(b). The trial court did (Footnote Continued) -- 1604. No objection to Allstate's complaint was made by the defendants and no prejudice resulted from the misnomer. Accordingly, our review is unaffected. ~ In his notice of appeal, Appellant purports to appeal from the trial court's August 18, 2010 order denying his post-trial motion. Appellant subsequently filed a praecipe for entry of final judgment c-n October 4, 2011. This appeal is properly taken from the entry of final judgment, See Pa.R.A.P. 301; Pa.R.C.P. 227.4., 3021. Notwithstanding judgment in this case was entered after the filing of the notice of appeal, the appeal is considered timely. See Pa.R.A.P. 905(a} (providing "[a] notice of appeal filed after the announcement of a determination but before the entry of an appealable order shall be treated as filed after such entry and on the day thereof"). -3- -A12038-12 not file an opinion or statement pursuant: to Pa.R.P~.P. 1925(a j, but its reasoning plainly appears in its June 13, 2011 opinion. On appeal, Appellant raises a single question for our review. Did [Decedent's] Power of Attorney authorize his son, [Appellant], to designate himself as beneficiary of [Decedent's) annuity? Appellant's Brief at 4. 'Whether viewed as a declaratory judgment action or a non-jury trial of a civil action, our scope and standard of review are comparable. Our standard of review in a declaratory judgment action is narrow. We review the decision of the trial court as we would a decree in equity and set aside factual conclusions only where they are not supported by adequate evidence. We give plenary review, however, to the trial court's legal conclusions. In reviewing a declaratory jrdgment action, we are limited to determining whether the trial court clearly abused its discretion or committed an error of law. Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration. Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in .a manner lacking reason. larl Investments, L. P. v. Fleck, 937 A.2d 1113, 112]L (Pa. Super. 2007) (internal quotation marks and citations omitted). Our appellate role in cases arising from non-jury trial verdicts is to determine whether the findings of the trial court are supported by competent evidennce and whether the trial court committed error in any application of the law. The findings of the tri<~I judge in a non-jury case must be given the same weight and effect on appeal as the verdict of a jury, .and the -4- J-A12038-12 findings will not be disturbed on appeal unless predicated upon errors of law or unsupported by competent evidence in the recorcl. Furthermore, our standard of review demands that we consider the evidence in a light most favorable to thf~ verdict winner. Levitt v. Patrick, 976 A.2d 581, 588-589 (Pa. Super. 2009) (citation omitted). {nstantly, as noted, the trial court's findings of fact are not disputed. The resolution of this matter turns on the legal interpretation of the language in Decedent's grant of a power of attorney to Appellant. Specifically, we must determine whether that language authorized Appellant to change Decedent's beneficiary designation under Decedent's annuity contract with Allstate. A question of what authority an agent possesses under a power of attorney is a legal question. See 1'n re Weidner, 938 A.2d 354, 358 (Pa. 2007) (holding interpretation of what authority is granted under a power of attorney is a legal question affording o'e novo, plenary appellate review). Appellant maintains that "[a]lthough [Decedent's] Power of Attorney did not expressly grant the authority to change annuity beneficiaries, the document may nonetheless be construed as granting such ai.athority." Appellant's Brief at 10. Appellant cites the following language from Decedent's power of attorney in support of his contention. I give and grant unto my said attorney,, or any substitute or substitutes, full power and authority to do and perform all and every act and thing -5- J-A12038-12 whatsoever requisite and necessary to be done in connection with my property or estate, as fully to all intents and purposes as I might or could do if personally present; hereby ratifying and confirming all that said attorney, or any substitute or substitutes, shall lawfully do or cause to tie done therein by virtue of these presents. Appellant's Trial Exhibit No. 1; Decedent's Power of Attorney at 3, ¶ ]L2. The trial court first determined that under the circumstances of this case, Decedent's annuity should be treated as an insurance policy. Trial Court Opinion, 6,/13/05, at 3. "Pennsylvania courts have compared annuities to life insurance for state inheritance tax purposes when proceeds are transferable upon death. Because [Decedent:] would never benefit from his annuity, [Decedent's] annuity was similar to life insurance, payable to his wife Eva after his death." Id. (citations omitted). Accordingly, the trial court concluded the Powers of Attorney Act at 20 Pa.C:.S.A. §§ 5601-5611 applies. Specifically, the trial court cited sections 5602(a)(17) and 5603(p)(3), requiring that Decedent's power of attorney "(i) must expressly authorize insurance transactions, or (ii) its general language must show that the principal intended for the [power of attorney] to encompass such powers," Trial Court Opinion, 6/13/11, at ~4 (citations omitted). The trial court concluded that the language of Decedent's power of attorney failed to meet the requirements of the Act. Id. at 7. [T]o permit the "all and every act" language to include insurance transactions would be to incorporate the powers in 20 Pa.C.S.A. [§) 5602 with no reference to it whatsoever. There is simply no -6- J-A12038-12 basis to conclude that the power of attorney in this case granted the power to change the beneficiary of the annuity .... Id, The trial court, however, cited the 1992 version of the statute, which provides in pertinent part as follows. § 5602. Form of power of attorney (a) Specification of powers.--A principal may, by inclusion of the language quoted in any of the following paragraphs or by inclusion of other language showing a similar intent on the part of the principal, empower his attorney-in-fact to do any or all of the following, each of which is defined in section 5603 (relating to implementation of power of attorney): (17) "To engage in insurance transactions." 20 Pa.(~.S.A. § 5602(a) (1992), amended 1999, Oct. 12, P.L.422, No. 39 ~ 10; 2010, Oct. 27, P.L. 837, No. 85, § 4. § 5603. Implementation of power of attorney (p) Power to engage in insurance transactions.--A power to "engage in insurance transactions" shall mean that the agent may: (3) In general, exercise all powers with respect to insurance that the principal could if present; however, the attorney-in-fact cannot designate himself beneficiary of a life insurance -7- . ~ , J-A12038-12 policy unless the attorney-in-fact is the spouse, child, grandchild, parent, brother or sister of the principal. 20 Pa.C.S.A. § 5603(p). (1992), amended ]L999, Oct. 12, P.L. 422, No. 39 § 10;y` see a/so Trial Court Opinion, 6/13/11, at 2-3. Decedent's power of attorney was executed on December 16, 1982. It is therefore the original version of sections 5602 and 5603, first enacted on February 18, 1982, that is relevant to our instant inquiry. In that version of the statute, the power to engage in insurance transactions was not included among the enumerated powers under section 5602, requiring explicit authorization or general language evidencing similar intent to authorize.4 s Pertinent to the cited sections, the 1999 amendments substituted the word "agent" for "attorney-in-fact." The 2010 arnendment added the following sentence to ~ 5603(p) An agent and a beneficiary of a life insuranc:e policy shall be liable as equity and justice may require to the extent that, as determined' by the court, a beneficiary designation made by the agent is inconsistent with the known or probable intent of the principal. 20 Pa.C;.S.A. § 5603(p) (2010). 4 Sections 5602(x)(17) and 5603(p) were added in the 1999 amendments to the statute. We note that section 5601.2(e) of the Powers of Attorney Act, enacted as part of the 1999 amendments to t:he Act, wars made to apply "to powers of attorney executed before, on or after" the effective date of the amendment. The section provides as follows. § 5601.2. Special rules for gifts (Footnote Continued Next Page) - 8 - J-A1203$-12 Therefore, sections 5602(a)(17) and 5603(p) of the Powers of Attorney Act do not apply to Decedent's power of attorney. See Estate of Cambest, 756 A.2d 45, 5]. n.3 (Pa. Super. 2000) (only provisions of the Powers of Attorney Act in existence at the time of the execution of a power of attorney apply to the intE~rpretation of that power of attorney); :see also Weidner, supra at 359, 360 n.4. C)ur Supreme Court in Estate of Reifsneider, 610 A.2d 958 (Pa. 1992), described the evolution of the law governing the interpretation of powers; of attorney from common law agency principles to the enactment of the Powers of Attorney Act in 1982. Absent the applicability of the 1982 statute in this case, it is common law principles that apply. (Footnote Continued) (a) General rule.--A principal may Empower an agent to make a gift in a power of attorney only as provided in this section. (e) Equity.--An agent and the donee of a gift shall be liable as equity and justice may rE~quire to the extent that, as determined by the court, a gift made by the agent is inconsistent with prudent estate planning or financial management for the principal or with the known or probable intent of the principal with respect to disposition of the estate. 20 Pa.C.S.A. § 5601.2(a), (e). In In re Estate of Slamski, 987 ,A.2d 141 (Pa. 2009), our Supreme Court held that a change of beneficiary under a retirement plan did not constitute a gift as 'to trigger zipplication of section 5601.2. We conclude the same principle applies to a change of beneficiary under an annuity contract. -9- J-A12038-12 Prior to 1974, the law regarding powers of attorney was based entirely on the common law of agency. It has been a fundamental principle that powers of attorney are strictly construed and the grant: of special powers is not to be enlarged unless this 'is clearly intended. Nevertheless, it has also been held that the rule of strict construction will not be allowed to defeat the very purpose of the agency, and [w]here the agent has authority to exercise discretion his exercise thereof will bind the principal. Reifsneider, supra at 960 (citations and internal quotation marks omitted). Thus, where a power of attorney confers special or limited power, the scope of that power will be strictly construed. "[I]t is a well-known rule that letters of attorney are to be construed strictly, and, when special powers are given, they are not to be enlarged, unless clearly so intended." Schenker v. Indemnity Ins. Co. of N. Am,., 16 A.2d 304, 306 (Pa. 1940) (quotation marks and citation omitted). Conversely, where broad discretion is afforded by clear general language, strict construction will not defeat the exercise of that discretion. "Powers expressly granted will not be restricted by implication nor will a construction be made which will effectively defeat the very purpose of the agency." Nuzum v. Spriggs, 55 A.2d 402, 403 (Pa. 1947). [T]his Court traditionally took a fairly liberal approach to the use of general language in powers of attorney to authorize special powers .... See, e.g., In re Estate of Reifsneider, 531 Pa. 19, 25, 610 A.2d 958, 961 (1992) (describing the common law as embodying the principle that "general (language can serve to grant specific powers") (emphasis in original). -10- J-A12C138-12 In re Estate of Slomski, 987 A.2d 141, 145 (Pa. 2009) (Saylor, J., dissenting). ~/iewing language of Decedent's power of attorney in light of the foregoing, we conclude the general language employed in paragraph 12 of Decedent's power of attorney clearly affords Appellant ~nrith broad discretion to act for Decedent during his life. It grants ~~full power and authority to do and pc~rform all and every act ... in connection with my property or° estate." Neither does the power of attorney read as a whole reveal a design to limit Appellant's authority to act on behalf of Decedent. V11e conclude that the power to execute a change of beneficiary under Decedent's annuity contract with Allstate is encompassed within the broad grant of paragraph 12 of Decedent's power of attorney. Accordingly,, the rule of strict construction must not be apf>lied to restrict that discretion. [n sum, we conclude that the trial court erred in applying t:he wrong version of the Powers of Attorney Act in determining that Appellant: was not specifically authorized to change the beneficiary under- Decedent''s annuity contract with Allstate. We further conclude that under applicable common law agency principles the clear general grant of broad discretion in Appellant, as contained in paragraph 12 of Decedent's power of attorney and in the context of the document as a whole, included the power tc~ execute the change of beneficiary. Consequently, we determine that the December 4, 2009 change of beneficiary executed by .Appellant is valid. Accordingly, - 11 - -A12038-12 we reverse the trial court's orders of June 13, 2011 and August ::18, 2011, vacate the October 4, 2011 judgment and remand to the trial court with instructions to enter judgment in favor of Appellant, declaring that Appellant is entitled to the escrowed proceeds payable under Decedent's subject annuity contracts Orders reversed. Judgment vacated. Case remanded with instructions. Jurisdiction relinquished. Judge Gartman joins the Majority and t:he Concurring Memorandum. Judge Lazarus files a Concurring Memorandum. Judgment Entered. -' , Interin'i deputy Proth'tinotary Date: y 6 2012 s Because of our disposition of the case, we need not consider Appellant's argument that the annuity should be considered personal property rather than equivalent to a life insurance policy. See Appellant's Brief at 12--13. -12- J-A12038-12 NON-PRECEDENTIAL DECISION -SEE SUPERIOR COURT I.O.P. 65.37 ALLSTATE LIFE INSURANCE COMPANY, i IN THE SUPERIOR COURT OF PE=NNSYLVANIA i Appellee v. ; RONALD M. LAIRD, Appellant v. ' i ESTATE OF EVA M. LAIRD, Appellee ~ No.:1626 MDA 2011 Appeal from the Judgment Entered of October 4, 2011 in the Court of Common Pleas of Cumberland County Civil Division at No(s): 2010-02064 BEFORE: GANTMAN, LAZARUS, AND MUNDY,, JJ. CONCURRING MEMORANDUM BY LAZARUS, J„ :FILED SEPTEMBER 06, 2012 I am constrained to concur with the memorandum authored by Judge Mundy because the trial court clearly rendered its decision based upon the incorrect version of the power of attorney statute. However, I write separately to note the often-unintended consequences that can result from inattentiveness to one's own estate-planning documents. In this case, the Decedent and his second wife, Eva, executed a post- nuptial agreement pursuant to which they each agreed to maintain separate properi:y and waived any right to share in the estate of the other upon death. Notwithstanding this agreement, in 2005, after 23 years of rnarriage, -A12038-12 Decedent purchased an annuity for the sum of approximately $100,,.000 and designated his wife as beneficiary, evidencing an intent to provide for her financially in the event of his death. E3y 2009, when the Appellant altered the beneficiary designation two days prior to Decedent's death, Decedent - by Appellant's own admission - was suffering from "severe dementia" and "couldn't be on his own." N.T. Trial, 5/20/11, at 40. Nevertheless, Appellant hurriedly pressed ahead with his decision to remove the Decedent's wife of 27 years as beneficiary of the annuity "so [he] could name [himself] as beneficiary." Id. at 32. Certainly, we cannot be sure of the Decedent's deathbed intent with respect to the annuity policy. In any case, that issue is not germane to the outcome of this matter. As long as the Decedent's power of attorney granted Appellant the authority to alter Decedent`s beneficiary designation - and I agree that it did -Appellant is entitled under the law to receive the proceeds of the annuity. Stall, it is not at all clear that the Decedent, had he been of sound mind and aware of the Appellant's actions, would) have stood silently by and allowed Appellant to alter his dispositive scheme. Unfortunately, however, Decedent had not revisited his power of attorney in nearly 30 years. Perhaps,, if he had done so, Decedent would have become aware of subsequent statutory changes and, as a result, updated) the document to reflect changes in both the law and his familial relationships. -2- ~u~erior ttCourt of ~euugpib~nia Kann K.~i~l Bra~iLlrtt, I:x~. Penn..vh~ania Judicial Center ~'rinh~,mitarv Middle District ~ , 1 .U. Box 62435 Marc A. Gravbill, tsc~. 601 Commonceealth A~~enue, Suite 1600 lle~nuv Protho~~otsrc Harrishu r4~, PA 17106-2435 ('17) 772-1294 www-si,~~rerior,cour'tsta[e.pa.us CERTIFICATE OF REMITTAL/REMAND OF RECORD TO: David D. Buell Prothonotary RE: Allstate Life Iris. v Laird, R. and Fickel, G. etal 1626 MDA 2011 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 2010-02064 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Part November 16, 2011 1 Remand/Remittal Date: 10/16/2012 ORIGINAL RECIPIENT ONLY -Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Respectfully, ~~ ~~ ~ Mary A. Graybifl, Esq. Deputy Prothonotary -~- 4.. _..A Enclosure -~ cc: Macavan Alexander Baird, Esq. - ;~, ' - Mark E. Halbruner; Esq. -_ - The Honorable Kevin A. Hess, President Judge `> Alexandra Makosky, Esq. Mark A. Mateya, Esq. .~ Allstate Life Ins. v Laird, R. and Fickel, G. etal 1626 MDA 2011 Letter to: Buell, David D. Acknowledgement of Certificate of RemittaURemand of Record (to be returned): Signature Date Printed Name ii Allstate Life Insurance Company, Plaintiff, v. Ronald M. Laird, and Court of Common Pleas Cumberland County, Pennsylvania Civil Action -7 ,-_, r Docket No. 10-2064-CV Gary Fickel, Executor of the Estate of . Eva M. Laird, Defendants. ORDER :AND NOW, this ~ u day of ,~Vo,, a..av- ~~ ^_' ~ r+) _ ;"'S(-s"~ ~ fit`. r ~ :~.~ ~; c3 , -~ ~ •~ t=- x~ ~ _t- n -.-. -'~ c-~ s :x- ---- ~_ ~~ ~_. ~4 :~. ' ` 2012, upon consideration of the Motion to Enter .ludgment and Release Escrow Funds filed by Defendant Ronald M. f,aird, and in accordance with the decision entered by the Superior Court of Pennsylvania on September 6. 201.2. under its docket number 1626 MDA 2011, it is hereby ordered as follows:. l . This C'ourt's Orders of June 13, 201 1, and August l 8, 201 1, and the judgment entered in this Court on October 4, 2011, are vacated. ?. Judgment is entered in favor of Ronald M. Laird, and he is entitled to the escrowed proceeds from Walter Laird's Allstate Life Insurance Company annuity contract. i. The Cumberland Cotimty Prothonotary shall release the escrow rands Eby check payable to Ronald M. Laird and mailed to the attention ofhis counsel as follows: Mark E. I~albruner, Esq., Gates Halbruner Hatch & Guise PC, l Ol 3 Mumma Road, Suite 100, Lemoyne PA l 7043 ,-, ,~~~y, ~~:- v BY THE COURT, it ~-f ~. ~ ~ ,, i~ [ark E. Halbruner, Esquire For Ronald M. Laird ~~%Iark Mateya, Esquire For the Estate of Eva M. Laird ~acati~an A. Baird, Esq. For Allstate Life Insurance Company 2 M~~ pEN~N s~K 297041 M,~, wvrw.mitlpsm0ank.rnn 1 1-~2-~ 1 ~' • 60-880/313 DATE PAY TO THE RalalcJ M L.81Y'd ORDER OF ~ ~ ~~~.~ ~8~~ Q98,?50do1s44cts DOLLARS OFFICER'S CHECK AUTHORIZED SIGNATURE a ror ~~~-;2D~~ il'29704Lu' i:03L308807 66225~~~4n' . ~ „~-_~ ,, ,. _ MID PENN BANK Mulw~luK M t]O61 IYNM.~VCpBM1IbiIk.CMt DATE 297042 1 1-0'L-~ 1 ~ ~ 60-880/313 PAY ORDER OF CIIf~~~ ~'~"' ~~ ~ ~ ~ ~~T~ " BAS"' •~ i,01 idols 68cts DOLLARS OFFICER'S CHECK AUTHORIZED SIGNATURE nor u' 29704 2il' x:03 L308807~: y~66 2 25~~~4u^