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HomeMy WebLinkAbout10-6448SALTZ POLISHER P.C. By: Veronica W. Saltz, Esquire Alyssa N. Pianelli, Esquire ID Nos:: 52931/200556 993 Old Eagle School Road Suite 412 .. Wayne, PA 19087 (610) 964-3333 Attorneys for Ply Erie Family Life Company ERIE FAMILY LIFE INSURANCE COMPANY, Plaintiff, V. DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, and JEANNE M. YAZAWICH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA OCTOBER TERM, 2010 No.: 2010-6448 ACKNOWLEDGMENT OF SERVICE I, Deborah S. Yazawich, hereby certify that I accept service of the Complaint in connection with the above case. Dated: Deborah S. Yazawich 124 West Portland Street Apartment 23 Mechanicsburg, P 17055 SALTZ POLISHER P.C. By: Veronica W. Saltz, Esquire Alyssa N. Pianelli, Esquire ID Nos.: 52931/200556 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 ERIE FAMILY LIFE INSURANCE COMPANY, Plaintiff, v. DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, and JEANNE M. YAZAWICH, Defendants. Attorneys for Plaintiff Erie Family Life Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA OCTOBER TERM, 2010 : No.: 2010-6448 ACKNOWLEDGMENT OF SERVICE ? --" C'. - I, Julie Ann Showalter, hereby certify that I accept service of the Complaint in connection with the above case. Julie AnkBhowalter 3295 Springview Drive Chambersburg, PA 17202 Dated: SALTZ POLISHER P.C. By: Veronica W. Saltz, Esquire Wendy Lappin Barragree, Esquire ID Nos.: 52931/200556 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 ERIE FAMILY LIFE INSURANCE COMPANY, Attorneys for Plaintiff Erie Family Life Insurance Comp,,?ny c C= -0z o i M r° 'C;:0 C---) cn _. n ° -v COURT OF COMMON PI r3 CUMBERLAND COUNTY, - < cn Plaintiff, V. : OCTOBER TERM, 2010 DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, and JEANNE M. YAZAWICH, Defendants. No.: 2010-6448 SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: c. 21 la =-n s C n -c Kindly substitute the appearance of Wendy Lappin Barragree, Esquire as co-counsel in place of Alyssa N. Pianelli, Esquire on behalf plaintiff Erie Family Life Insurance Company in connection with the above matter. Wendy Lappm arragree, Es (We Dated: 2- _ f? CERTIFICATE OF SERVICE I, Wendy Lappin Barragree, Esquire, hereby certify that a true and correct copy of the foregoing Substitution of Appearance was served via U.S. regular mail, postage prepaid upon: Lisa Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Julie Ann Showalter 3295 Springview Drive Chambersburg, PA 17202 Deborah S. Yazawich 124 West Portland Street Apartment 23 Mechanicsburg, PA 17055 Y, 0 Wendy Lappin BarragrW Dated: /2 _ /e OF T A HE PROTHONOT RY 2011 JAN 24 PM 12: 36 CUMBERLAND COUNTY' PENNSYLVANIA Deborah S. Yazawich Julie Ann Showalter 3295 Springview Drive Chambersburg, PA 17202 (717) 496-8370 DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, AND JEANNE M. YAZAWICH, Defendants, V. ERIE FAMILY LIFE INSURANCE COMPANY. Plaintiff. Representing Ourselves COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA OCTOBER TERM 2010 No.. ANSWER OF DEFENDENTS Defendents Deborah S. Yazawich and Julie Ann Showalter (hereinafter "Deborah and Julie"), by and through ourselves, for an Answer to the Complaint of Interpleader against Erie Family Life Insurance Company (hereinafter "EFLI"), states as follows: PARTIES 1. AGREE EFLI is an insurance company organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located in Erie, Pennsylvania. 2. AGREE Defendant Deborah S. Yazawich is a citizen of the Commonwealth of Pennsylvania, residing at 124 W. Portland Street, Apartment 23, Mechanicsubrg, Pennsylvania, 17055, and is the mother of Julie Ann Showalter. 3. AGREE Defendant Julie Ann Showalter is a citizen of the Commonwealth of Pennsylvania, residing at 3295 Springview Drive, Chambersburg, Pennsylvania, 17202, and is the daughter of Deborah S. Yazawich. 4. AGREE Jeanne M. Yazawich is a citizen of the Commonwealth of Pennsylvania, residing at 240 Reeser Road, Camp Hill, Pennsylvania, 17011. ANSWER 5. ADMIT 6. ADMIT 7. ADMIT 8. ADMIT 9. ADMIT 10. We have no way of knowing if this is true or not. 11. We have no way of knowing this is true or not. 12. ADMIT, however, this was the result of a manipulation by former Attorney for Defendant Jeanne M. Yazawich, Attorney Judy Shopp, who did not inform Defendant Deborah that she had the right to have this reviewed by an attorney of her choice. Judy Shopp Defendant Deborah a sob story about her client, Defendant Jeanne Yazawich, being financially unable to afford a funeral and also that this policy was intended for Defendant Jeanne Yazawich all along. Attorney Judy Shopp did not have any known association with the deceased at the time the policy was initiated or at the time the beneficiary was changed in 1980. She also admitted to Defendant Deborah that the policy was recently found and no known knowledge of it existed before her ex-husband's (the policy holder) death. 13. ADMIT Defendant Deborah did complete a claimant's form and ask for the release of her rights to the policy's proceeds be reversed by EFLI. Defendant Deborah felt that Defendant Jeanne Yazawich's attorney Judy Shopp had bullied her into signing a release of rights form as well as acted unethically. Attorney Judy Shoppe also presented a conflict of interest in this matter because she had formed a very close relationship with Defendant Jeanne Yazawich and was biased as to who should receive the insurance policy proceeds. Attorney Shopp also conducted herself unprofessional by approaching Defendant Deborah at her place of employment, a public retail establishment, and asked her to speak to here there without any privacy or any professionalism at all. Attorney Shopp also did not offer review of the life insurance policy and Defendant Deborah did not have any idea there were secondary beneficiaries. It was not until she called EFLI and found out the exact details of the policy. 14. ADMIT Defendant Julie is the secondary beneficiary of the policy along with Defendant Jeanne M. Yazawich. 15. No Answer. 16. AGREE 17. DENY Defendant's Deborah and Julie should not be responsible for payment of costs and attorneys' fees in connection with this action because if EFLI would have overruled Defendant Deborah's claim and paid the policy proceeds 50% to Defendant Julie and 50% to Defendant Jeanne Yazawich, the secondary beneficiaries, we would not be in Court debating who this policy belongs to. WHEREFORE, 1. Defendant's Deborah S. Yazawich and Julie Ann Showater ask for the rights to these proceeds to be split by the secondary beneficiaries, Defendeants Julie Ann Showalter and Jeanne M. Yazawich, as the policy applies. 2. AGREE 3. AGREE 4. AGREE 5. DENY It is our request that EFLI took this case to the extreme instead of mediating it within it's own company limits. If they had mediated and denied Defendant Deborah as claimant, she would have accepted that the policy proceeds were to be paid to the secondary beneficiaries. EFLI should be responsible for their own reasonable attorneys' fees and associated costs. I? 6. DENY I lfct ?/ 1 _ t Juli/Ann Showalter Deborah S. Yazawich 3295 Springview Drive Chambersburg, PA 17202 (717) 496-8370 Dated: 1l )y I l i Representing Ourselves, Defendants My name is Deborah Yazawich and this is my statement of why I do not want to waive my rights as the primary beneficiary of the life insurance policy held by Daniel Yazawich (Danny), deceased. I was at my place of work, Boscov's Department Store, and I was approached by a woman who asked me if I remembered who she was. I replied she looked familiar but did not know her. She told me she was Judy Shopp and then asked me if I knew that Danny had died. She started to make small talk and told me that his daughter, Jeanne, did not have any money and that they found this life insurance policy after his death and that it was needed to pay for the funeral costs. She made me feel bad by telling me that Jeanne, the biological daughter, did not have any money and did not know how she was going to pay for the funeral. There was not even a funeral and we have proof to show this and nobody was notified of his death and we have proof of this too. She then said that me, my daughter Julie Showalter, and his daughter Jeanne Yazawich were named on the policy. (1) she never told me I was the primary beneficiary of this policy nor did she have a copy of the policy with her Judy continued to talk and she asked me to take a break and I declined. She followed me and 1 gave her my telephone number. She asked me to waive my rights to the proceeds. I told her ok because I felt bad about what she said about his daughter. She told me she was going on vacation and that she will get back to me. She wanted to know if I would see my daughter and I said yes but she was probably not going to waive her right. (2) 1 did not fully understand what I was doing at the time because she caught me off guard. She never offered me the policy to review or advised me to have my own separate attorney review it. Judy called me a couple days later and I agreed to meet her outside of Boscovs to go with her to sign the paperwork. She again never offered the life insurance policy for review. I asked her if I needed a lawyer and she said, "No." And I told her I didn't want any trouble and she asked me if I owned a home and I replied no. We went to the bank in front of Boscovs and 1 signed the paperwork stating I waive my right. About two weeks later she returned a phone call to my daughter and asked her to waive her right to the money also. My daughter disagreed and told her she was not waiving her right as a beneficiary. She accused my daughter, over the phone, of being greedy, an unchristian person, telling her she did not deserve this money and that it did not belong to her. She continued to berate my daughter, Julie Showalter, over the phone until finally she got her address and then hung-up. My daughter was very upset and asked me to call the insurance company. Upon speaking to Erie Insurance company, I was informed that I was the primary beneficiary of this policy. I believe this attorney, Judy Shopp, represented a conflict of interest in coming to my place of work to coerce me into waiving my right to this beneficiary plan without giving me all the information or facts. I also believe that she acted in an unprofessional manner. She not only coerced me but also my daughter and has harassed my daughter in the process. After the phone call between Judy Shopp and my daughter it was about a week and my daughter received a note in the mail reiterating the harassing comments that Shopp made to her over the phone. I have enclosed a copy of this for your review. r9?h I have also enclosed copies of various court cases in which a primary beneficiary of an ex-spouse that waived their rights during divorce or other settlement proceedings has been overturned and was not upheld by the insurance company. Deborah S. Yazawich DATE: y SALTZ POLISHER P.C. By: Veronica W. Saltz, Esquire Michael J. Boccella, Esquire ID Nos.: 52931/52982 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 Attorneys for Plaintiff Erie Family Life Insurance Company ERIE FAMILY LIFE INSURANCE COMPANY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, and JEANNE M. YAZAWICH, Defendants. OCTOBER TERM, 2010 No.: 2010-6448 C J f? 1 k.") W ° =;Q r- rn W r= `,Cm 73 ,y ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Michael J. Boccella, Esquire as co- on behalf plaintiff Erie Family Life Insurance Company in connection with the above matter. Michael J.: ccella, Esquire Attorney for Plaintiff Erie Family Life Insurance Company Dated: February 1, 2011 6. CERTIFICATE OF SERVICE I, Jessica Hickey, hereby certify that a true and correct copy of the foregoing Entry of Appearance was served via U.S. regular mail, postage prepaid upon: Lisa Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Julie Ann Showalter 3295 Springview Drive Chambersburg, PA 17202 Deborah S. Yazawich 124 West Portland Street Apartment 23 Mechanicsburg, PA 17055 Je , ca Hickey Dated: February 1, 2011 ED-OrFICE COYNE & COYNE, P.C.j:{0THONQTA'i` Lisa Marie Coyne, Esquire 2011 FEB -1 PM 3" i Pa. Supreme Ct. No. 53788 3901 Market Street CUMBERLAND pENNYANTY 'A Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant Jeanne M. Yazawich ERIE FAMILY LIFE INSURANCE, COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, AND JEANNE M. YAZAWICH, Defendants : NO. 10-6448 CIVIL TERM : ACTION IN INTERPLEADER PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of the Defendant, Jeanne M. Yazawich. Dated: COYNE & COYNE, P.C. By: Marie Coyne, Es uire Pa. S. Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant Jeanne M. Yazawhich ERIE FAMILY LIFE E COMPANY, Plaintiff VS. MAR 7 2011 IU DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, and JEANNE M. YAZAWICH, Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL@CN _- cm ZM NO. 10-6448 Civil Term W r- - 7,0 ci ..{D 00 +Ca c-) ?'°' ? C:)-n ;zz= ACTION IN INTERPLEADER ?sr DISCLAIMER AND RENUNCIATION OF BENEFICIAL INTEREST IN LIFE INSURANCE PROCEEDS TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: The undersigned, JULIE ANN SHOWALTER, the named contingent beneficiary per beneficiary designation for Erie Family Life Insurance Company's Life Insurance Policy No. 029-367 owned by the late Daniel Yazawich, does hereby disclaim and renunciate any and all right to receive any insurance proceeds under said policy and hereby refuses and disclaims any proceeds due from the insurance claim pursuant to the death of Daniel Yazawich and by my disclaimer and renunciation the Interpleader action filed in this matter is settled. WITNESS this _Z day of 1LIA-7r-C# , 2011. ERIE FAMILY LIFE INSURANCE COMPANY, Plaintiff VS. DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, and JEANNE M. YAZAWICH, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10-6448 Civil Term : ACTION IN INTERPLEADER c DISCLAIMER AND RENU14CIATION OF BENEFICIAL INTEREST S ? = =? rn x r Tt a IN LIFE INSURANCE PROCEEDS cnr p -a C:' Col TO THE PROTHONOTARY OF CUMBERLAND COUNTY PENNSYLVANIA: © ? , The undersigned, DEBORAH S. YAZAWICH, the named primary beneficiary per beneficiary designation for Erie Family Life Insurance Company's Life Insurance Policy No. 029-367 owned by the late Daniel Yazawich, does hereby disclaim and renunciate any and all right to receive any insurance proceeds under said policy and hereby refuses and disclaims any proceeds due from the insurance claim pursuant to the death of Daniel Yazawich and by my disclaimer and renunciation the Interpleader action filed in this matter is settled. WITNESS this day of Y` 2011. DEBORAH S. YAZAWI COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) On this, the o day of 2011 before me personally appeared DEBORAH S. YAZAWICH, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. D Z (SEAL) No ary CMDAU ML Ma?POlrlanMM WIT ' .; .... tL SEAL West h: vrs;, ? +.,.r h?n c0i1Ry M comru?asioe. -:r r • : ?s? p5, 2014 Li gm SALTZ POLISHER P.C. By: Veronica W. Saltz, Esquire Wendy Lappin Barragree, Esquire ID Nos.: 52931/80465 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 ERIE FAMILY LIFE INSURANCE COMPANY, Attorneys for Plaintiff Erie Family Life Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, V. DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, and JEANNE M. YAZAWICH, Defendants. OCTOBER TERM, 2010 : No.: 2010-6448 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: c7 c na `n ??' ? mar= ?"- ;U -<' ao o rn-n ; =C ?Cz ern cn Kindly withdraw the appearance of Michael J. Boccella, Esquire on behalf plaintiff Erie Family Life Insurance Company in connection with the above matter. WMichael J. kccella, Esquire ;f Dated: ?l L6 1 CERTIFICATE OF SERVICE I, Jessica Hickey, hereby certify that a true and correct copy of the foregoing Withdrawal of Appearance was served via U.S. regular mail, postage prepaid upon: Lisa Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Julie Ann Showalter 3295 Springview Drive Chambersburg, PA 17202 Deborah S. Yazawich 124 West Portland Street Apartment 23 Mechanicsburg, PA 17055 t Az? ica Hickey Dated: .41 H `( SALTZ POLISHER P.C. By: Veronica W. Saltz, Esquire Wendy Lappin Barragree, Esquire ID Nos.: 52931/80465 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 ERIE FAMILY LIFE INSURANCE COMPANY, Plaintiff, V. DEBORAH S. YAZAWICH, JULIE ANN SHOWALTER, and JEANNE M. YAZAWICH, Defendants. Attorneys for Plaintiff Erie Family Life Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : OCTOBER TERM, 2010 : No.: 2010-6448 PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. W. Saltz, Esquire Dated: May 5, 2011 Attorneys for Plaintiff Erie Family Life Insurance Company rn -IC rnp? cn t C-1 1 CERTIFICATE OF SERVICE I, Jessica Hickey, hereby certify that a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End was served via first class mail, postage prepaid, on this 5`" day of May, 2011 upon the following: Lisa Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Julie Ann Showalter 3295 Springview Drive Chambersburg, PA 17202 Deborah S. Yazawich 124 West Portland Street Apartment 23 Mechanicsburg, PA 17055 JA 4i Hickey 2