The URL can be used to link to this page

Home My WebLink About10-7256 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 Attorneys for Plaintiff Metropolitan Life Insurance Company METROPOLITAN LIFE INSURANCE :COURT OF COMMON PLEAS COMPANY, :CUMBERLAND COUNTY, PA Plaintiff, v• :NOVEMBER TERM, 2010 TIRA L. STAGO and THOMAS A. STAGO, c ~ ~ . -o ~ c+ co -~ s Defendants. No.: (~--j a$ (p ~ ~ ~ ~ ~" r ~"~„ -- -[ ~o ~ ~v NOTICE TO DEFEN ~n -° ac D °~ ~~~ ..... You have been sued in Court. If you wish to defend against the claims set fortlr~+'n t~ ~ following pages, you must take action within twenty (20) days after this Complaint and Notice , "e are served, by entering a written appearance 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 the Court without further notice may enter a Judgment against you for any money claimed in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 ~p ~$aa °° ~w~ ~oslo ~~~~~~ AVISO "Le han demandado en la corte. Si usted quiere defenderse de estas demandas expuentas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara mediadas y peude continuar la demanda y require que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted." "LLEVE ESTA DEMAND A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 To the helow defendants, you are hereby notitied to plead to the within Complaint within twenty (20) days from notice hereof or a default judgment may be entered against you. By: Veronica W. Saltz, Esquire Alyssa N. Pianelli, Esquire Attorneys for Plaintiff Metropolitan Life Insurance Company. 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 Attorneys for Plaintiff Metropolitan Life Insurance Company METROPOLITAN LIFE INSURANCE COMPANY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, v. NOVEMBER TERM, 2010 TIRA L. STAGO and THOMAS A. STAGO, Defendants No.: ~ Q ~ I off- ~ to G1v~~ COMPLAINT OF INTERPLEADER Plaintiff Metropolitan Life Insurance Company (hereinafter "MetLife"), by and through its counsel, for its Complaint of interpleader against defendants Tira L. Stago and Thomas A. Stago, states as follows: PARTIES 1. MetLife is an insurance company organized and existing under the laws of the State of New York with its principal place of business located in New York, New York, 10036. 2. Defendant Tira L. Stago is a citizen of the Commonwealth of Pennsylvania, residing at 147 Tory Circle, Enola, Pennsylvania, 17025. Defendant Thomas A. Stago is a citizen of the Commonwealth of Pennsylvania, residing at 932 Wertzville Road, Enola, Pennsylvania, 17025. GENERAL AVERMENTS 4. On or about August 28, 1986, MetLife issued a Life 95 Insurance Policy, Policy Number 862 833 941 A (hereinafter the "Policy"), on the life of Kevin M. Stago (hereinafter the "Insured") in the face amount of $25,000 (hereinafter the "Proceeds"). 5. At the time the Insured completed the application for the Policy, he designated his father, defendant Thomas A. Stago, as the primary beneficiary with no contingent beneficiaries. 6. On or about October 29, 1991, the Insured designated his spouse, defendant Tira L. Stago, as the primary beneficiary and his father, defendant Thomas A. Stago, as the contigent benficiary. 7. The Insured and defendant Tira L. Stago were divorced on January 13, 2010. A Property Settlement Agreement dated July 7, 2009 was incorporated into the Divorce Decree. 8. The Property Settlement Agreement, provides, in pertinent part: Both parties agree to waive and relinquish any right that he or she may now have or hereafter acquire in any life insurance policies on the life of the other.... 9. The Insured died on April 16, 2010. 10. On June 10, 2010, MetLife received an Individual Life Death Claim Form completed by defendant Tira L. Stago. 11. On June 29, 2010, MetLife received an Individual Life Death Claim Form completed by defendant Thomas A. Stago. 2 12. By letter dated June 30, 20] 0, counsel for defendant Thomas A. Stago advised MetLife that pursuant to Pennsylvania statute, specifically 20 Pa. C.S. §6111.2, defendant Tira L. Stago was not a valid beneficiary under the Policy and that defendant Thomas A. Stago is the appropriate beneficiary. 13. By letter dated July 23, 24l 0, MetLife advised counsel for defendant Thomas A. Stago that pursuant to the Property Settlement Agreement, it appeared that defendant Thomas A. Stago was the proper beneficiary under the Policy. 14. Also by letter dated July 23, 2010, MetLife advised defendant Tira L. Stago of its intent to pay the Policy Proceeds to defendant Thomas A. Stago, pursuant to the language of the Property Settlement Agreement. 15. By letter dated August 2, 2010, counsel for defendant Tira L. Stago advised MetLife of her belief that Ms. Stago was the proper beneficiary under the Policy due to the fact that the Property Settlement Agreement was a contract separate and distinct from the Policy. 16. Given the existence of rival claimants to the Proceeds, MetLife cannot determine the proper beneficiaries of the Proceeds and believes if it were to pay any such Proceeds without a prior judicial determination, it could be exposed to multiple liability. 17. Since MetLife does not dispute that it holds the Proceeds which became payable upon the death of the Insured, MetLife is a mere stakeholder, with no interest in the controversy between the defendants, and stands ready to deposit the current full amount of the Proceeds plus any applicable interest into the Registry of this Court. 18. MetLife makes no claim to the Proceeds other than payment of its costs and reasonable attorneys' fees in connection with this action. WHEREFORE, MetLife demands judgment that: Defendants Tira L. Stago and Thomas A. Stago, be ordered to interplead and settle among themselves their rights to the Proceeds; 2. MetLife be permitted to deposit the Proceeds, plus any applicable interest, into the Registry of the Court; 3. Upon depositing the Proceeds, plus any applicable interest, into the Registry of the Court, MetLife be discharged from any and all further liability under the Policy; 4. Defendants Tira L. Stago and Thomas A. Stago each be restrained from initiating any further actions against MetLife, connected with or relating to the Policy; 5. MetLife recover its reasonable attorneys' fees, costs, and disbursements incurred in bringing this action; and 6. MetLife be awarded such other and further relief as this Court deems just and proper. ,r-~ ~' ~s~ Veronica W. Saltz, Esquire Alyssa N. Pianelli, Esquire Attorney I.D. Nos. 52931/200556 Saltz Polisher P.C. 993 Old Eagle School Road, Ste. 412 Wayne, PA 19087 (610) 964-3333 Attorneys for Plaintiff Metropolitan Life Insurance Company Dated: ~~//r 4 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 METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, v. TIRA L. STAGO and THOMAS A. STAGO, Defendants. Attorneys for Plaintiff Metropolitan Life Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA C o Co NOVEMBER TERM, 2010 ?? rrj -,r- ° r-: w ? a )>C-1) O`7 No.: 10-7.256 Dc° r'v o cn ACKNOWLEDGMENT OF SERVICE I, Michael L. Bangs, Esquire, hereby certify that I accept service of the Complaint on behalf of defendant Thomas A. Stago in connection with the above case. Dated: 12 -1 -10 Michael L. Bangs, Es Bangs Law Office 429 South 181h Street Camp Hill, PA 17011 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 METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, V. TIRA L. STAGO and THOMAS A. STAGO, Defendants. Attorneys for Plaintiff Metropolitan Life Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA . ? a NOVEMBER TERM, 2010 rn o ccn r -<> w 0 No.: 10-7256 3> C-) _? ut SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: CS rn? r -? rn ?o C), oar z ?, w o? D -r Kindly substitute the appearance of Wendy Lappin Barragree, Esquire as co-counsel in place of Alyssa N. Pianelli, Esquire on behalf plaintiff Metropolitan Life Insurance Company in connection with the above matter. se,/ 2;??4 ==e Wendy Lappin arragree, Es i Attorney for Plaintiff Metropolitan Life Insurance Company Dated: December 9, 2010 CERTIFICATE OF SERVICE I, Jessica Hickey, hereby certify that I caused a copy of the Substitution of Appearance to be served this 9th day of December, 2010, via first class mail, postage prepaid, addressed as follows: Michael L. Bangs, Esquire Bangs Law Office 429 South 18th Street Camp Hill, PA 17011 Fiona K. Line, Esquire Law Office of Fiona K. Line P.O. Box 16 Carlisle, PA 17013 Jes ' ickey \ 2 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 METROPOLITAN LIFE INSURANCE COMPANY, Attorneys for Plaintiff Metropolitan Life Insurance Company COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, v : NOVEMBER TERM, 2010 TIRA L. STAGO and THOMAS A. STAGO, Defendants No.: 10-7256 ACKNOWLEDGMENT OF SERVICE I, Fiona K. Line, Esquire, hereby certify that I accept service of the Complaint on behalf of defendant Tira L. Stago in connection with the above case. Dated: / Z _ y_/U Fiona K. Line, Esquire Law Office of Fiona K. Line P.O. Box 16 Carlisle, PA 17013 r, 71 az (nr n -ts rn (::)d c, Z r-, q J w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION - LAW METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, V. TIRA L. STAGO and THOMAS A. STAGO, Defendants. r*? ...? r`i sue: ?, `t' ` om . ? -a c: z C-7 NOVEMBER TERM, 201 C) c c>r o : No.: 10-7256 STIPULATION FOR CONSENT ORDER It is hereby stipulated, agreed and consented to by and between plaintiff Metropolitan Life Insurance Company ("MetLife"), through its attorney, Veronica W. Saltz, Esquire, defendant Tira L. Stago, through her attorney, Fiona K. Line, Esquire, and defendant Thomas A. Stago, through his attorney, Michael L. Bangs, Esquire, that: The parties respectfully request that leave be granted to MetLife to deposit Fifty Thousand, Four Hundred, Forty Five Dollars and Seventy Two Cents ($50,445.72), plus any applicable interest, as the full amount of the insurance proceeds payable under the Life 95 Insurance Policy, Policy Number 862 833 941 A (the "Policy") on the life of Kevin M. Stago, deceased, into the Registry of the Court, within thirty (30) business days of the entry of the attached proposed Order; 2. That upon deposit of such funds by MetLife with the Court, the Clerk shall deposit such funds into an interest-bearing account pending the Court's determination as to whom the funds and any interest thereon should be paid. 3. That upon deposit of such funds by MetLife with the Court, defendants Tira L. Stago and Thomas A. Stago shall be restrained and enjoined from initiating any action or proceeding in any state or federal court against Metropolitan Life Insurance Company to recover any amounts allegedly payable as a consequence of the death of Kevin M. Stago. 4. That upon deposit of such funds into the Court, the Policy is null, void, and of no further effect, MetLife and all of its affiliated entities shall be discharged and released from any and all further liability under the Policy, and MetLife shall be dismissed with prejudice from this action. 5. That this action shall then continue as between defendants Tira L. Stago and Thomas A. Stago. We hereby consent to the entry of the foregoing Stipulation for Consent Order: ,4rA--L?- ero 'ca W. Saltz, Esquire Michael J. Boccella, Esquire Saltz Polisher P.C. 993 Old Eagle School Rd., Ste. 412 Wayne, PA 19087 Attorney for Plaintiff Metropolitan Life Insurance Company Fiona K. Line, Esquire Law Office of Fiona K. Fadness P.O. Box 16 Carlisle, PA 17013 Michael L. Bangs, Esquir Bangs Law Office 429 South 18'h Street Camp Hill, PA 17011 Attorney for Defendant Tira L. Stago APPROVED: Attorney for Defendant Thomas A. Stago J. 700 QUAKER LANE P.O. BOX 316 WARWICK, RI 02887 CUMBERLAND COUNTY PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE PA 17013 Metlife 862833941A Use Code 253 Office C75 Agency 561 MAY 17, 2011 *******$52,112.50 Message: THIS CHECK REPRESENTS THE DEATH CLAIM BENEFITS PLUS SETTLEMENT INTEREST THROUGH MAY 23, 2011 rn =M -r ?-- 6 -t o C--) C7 Me#Lif Metropolitan We Insurance Company DEATH CLAIM PAYMENT Policy 862833941A Office C75 Agency 561 Use Code 253 Insured KEVIN M STAGO Fifty two thousand one hundred twelve and 501100 Dollars Pay to the Order of: CUMBERLAND COUNTY PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE PA 17013 JP Morgan Chase Bank, N.A. 6040 Tarbell Road Syracuse, NY 13206 523 50-937/213 Check Number 0500517895 Not Valid Before Amount *******$52,112.50 AUTH I ED SIGNATURE n2500 5 1 78 9 511' 1:0213093791: 3 3 2 300 5 2 311' (2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION - LAW METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, V. : NOVEMBER TERM, 2010 TIRA L. STAGO and THOMAS A. STAGO, Defendants. : No.: 10-7256 ORDER AND NOW, this Ii-' day of MLLV, 2011, IT IS ORDERED that Metropolitan Life Insurance Company to deposit Fifty Thousand, Four Hundred, Forty Five Dollars and Seventy Two Cents ($50,445.72), plus any applicable interest, as the full amount of the insurance proceeds payable under Life 95 Insurance Policy, Policy Number 862 833 941 A (the "Policy Proceeds") on the life of Kevin M. Stago, deceased, into the Registry of the Court, within thirty (30) business days from the entry of this Order. IT IS FURTHER ORDERED that upon deposit of the Policy Proceeds by Metropolitan Life Insurance Company into the Registry of the Court, the Clerk shall deposit the Policy Proceeds into an interest-bearing account pending the Court's determination as to whom the funds and any interest thereon should be paid. IT IS FURTHER ORDERED that defendants Tira L. Stago and Thomas A. Stago are restrained and enjoined from initiating any action or proceeding in any state or federal court against Metropolitan Life Insurance Company to recover any amounts allegedly payable as a consequence of the death of Kevin M. Stago. IT IS FURTHER ORDERED that upon the deposit of the Policy Proceeds into the Registry of the Court, the Policy is null, void, and of no fixther effect, that Metropolitan Life Insurance Company is discharged and released from any and all further liability under Life 95 Insurance Policy, Policy Number 862 833 941 A as a consequence of the death of the Kevin M. Stago, and that Metropolitan Life Insurance Company is dismissed with prejudice from this action. IT IS FURTHER ORDERED that on deposit of the Policy Proceeds into Registry of the Court, this action shall continue as between defendants Tira L. Stago and Thomas A. Stago. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION - LAW METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, V. TIRA L. STAGO and THOMAS A. STAGO, Defendants. r? -`" cry rr? ? NOVEMBER TERM, 2010 -.r c3 • -c : No.: 10-7256 STIPULATION FOR CONSENT ORDER It is hereby stipulated, agreed and consented to by and between plaintiff Metropolitan Life Insurance Company ("MetLife"), through its attorney, Veronica W. r_J O s* co a Saltz, Esquire, defendant Tira L. Stago, through her attorney, Fiona K. Line, Esquire, and defendant Thomas A. Stago, through his attorney, Michael L. Bangs, Esquire, that: 1. The parties respectfully request that leave be granted to MetLife to deposit Fifty Thousand, Four Hundred, Forty Five Dollars and Seventy Two Cents ($50,445.72), plus any applicable interest, as the full amount of the insurance proceeds payable under the Life 95 Insurance Policy, Policy Number 862 833 941 A (the "Policy") on the life of Kevin M. Stago, deceased, into the Registry of the Court, within thirty (30) business days of the entry of the attached proposed Order; 2. That upon deposit of such funds by MetLife with the Court, the Clerk shall deposit such funds into an interest-bearing account pending the Court's determination as to whom the funds and any interest thereon should be paid. 3. That upon deposit of such funds by MetLife with the Court; defendants Tira L. Stago and Thomas A. Stago shall be restrained and enjoined from initiating any ,-rj •-0?-1 C --i c? on action or proceeding in any state or federal court against Metropolitan Life Insurance Company to recover any amounts allegedly payable as a consequence of the death of Kevin M. Stago. 4. That upon deposit of such funds into the Court, the Policy is null, void, and of no further effect, MetLife and all of its affiliated entities shall be discharged and released from any and all further liability under the Policy, and MetLife shall be dismissed with prejudice from this action. 5. That this action shall then continue as between defendants Tira L. Stago and Thomas A. Stago. We hereby consent to the entry of the foregoing Stipulation for Consent Order: ero 'ca W. Saltz, Esquire Michael J. Boccella, Esquire Saltz Polisher P.C. 993 Old Eagle School Rd., Ste. 412 Wayne, PA 19087 Attorney for Plaintiff Metropolitan Life Insurance Company Fiona K. Line, Esquire Law Office of Fiona K. Fadness P.O. Box 16 Carlisle, PA 17013 2 f Michael L. Bangs, Esquir Bangs Law Office 429 South 18t' Street Camp Hill, PA 17011 Attorney for Defendant Tira L. Stago APPROVED: Attorney for Defendant Thomas A. Stago J. RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 MCKEAN ROBERT C 125 TORY CIRCLE ENOLA, PA 17025 MCKEAN ROBERT C (vs) MCKEAN TRACEY L Case Number 2010-07526 Received of 0 OF C 04-11-2011 PAYEE 3978 Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ 52,112.5000 Check# .00 $52,112.50 Receipt Date Receipt Time Receipt No. 5/25/2011 13:57:36 259689 523 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 52,112.50 17003708 - 10-9999 $52,112.50 D ? FMLcRD-O`rr?iu^y? %O Sun _ PRAECIPE FOR LISTING CASE FORkk 15 AM IC= 70 I IL (Must be typewritten and submitted in1414yy PE NS t L CAP !3 TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. X? for trial without a jury. --------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Metropolitan Life Insurance Company (Plaintiff) VS. Tira L. Stago and Thomas A. Stago vs. (Defendant) (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. 10-7256 Indicate the attorney who will try case for the party who files this praecipe: Michael L. Bangs, Attorney for Defendant Thomas A. Stago Term Indicate trial counsel for other parties if known: Fiona K. Fadness, Attorney for Defendant Tira L. Stago -r L'L This case is ready for trial. Signed: Print Name: Michael L. Bangs : Defendant Thomas A. Stago Attorney for: _ Date as00Pd, 4 (check one) ® Civil Action - Law ? Appeal from arbitration i Fiona K. Fadness, Esquire Attorney I.D. No. 65283 301 South Hanover Street Carlisle, PA 17013 Telephone: (717) 243-4711 Facsimile: (717) 243-9113 Email: fklesquiregaol.com METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff TIRA L. STAGO and THOMAS A. STAGO, Defendants F 1L _. THE r 113EP1 n 11,D C ra Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOVEMBER TERM, 2010 : NO.. 10-7256 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing a writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Fiona K. Fadness, Esquire Attorney I.D. No. 65283 301 South Hanover Street Carlisle, PA 17013 Telephone: (717) 243-4711 Facsimile: (717) 243-9113 Email: fklesquiregaol.com METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff TIRA L. STAGO and THOMAS A. STAGO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NOVEMBER TERM, 2010 : NO.. 10-7256 STATEMENT OF CLAIMANT TIRA L. STAGO 1. MetLife issued a life insurance policy on the life of Kevin M. stago on August 28, 1986 initially designating his father, Thomas A. Stago, as the primary beneficiary with no contingent beneficiary. 2. Kevin M. Stago and Tira L. Stago were married on September 21, 1991. 3. Within one month and eight days of the marriage, on or about October 29, 1991, Kevin M. Stago designated his spouse, Tira L. Stago, as primary beneficiary and his father Thomas A. Stago as contingent beneficiary of said life insurance policy. 4. Kevin M. Stago and Tira L. Stago were divorced pursuant to a Decree of Divorce dated January 13, 2010. 5. On July 7, 2009, the parties entered into a Separation and Property Settlement Agreement to equitably distribute the marital property, which was incorporated by reference in the Decree of Divorce. Attached hereto and marked as Exhibit A is a true and correct copy of the agreement with the Decree of Divorce. 6. Kevin M. Stago tragically died on April 16, 2010 at the age of forty . 7. Thomas A. Stago was appointed as the Administrator of the Estate of his son, Kevin M. Stago. 8. Pursuant to Section 3.6 of the Property Settlement Agreement, Tira L. Stago waived and relinquished any marital rights that she had or hereafter acquired in any life insurance policies on the life of Kevin M. Stago, as said policies were marital property with cash value at the time of divorce. Tira L. Stago did waive and relinquish her rights to the life insurance policy as a marital asset in accordance with equitable distribution. 9. Tira L. Stago did not have any present interest in the policy's death benefits, only a mere expectancy. There was no specific waiver of survivor benefits or life insurance proceeds. 10. Beneficiary designation is not a marital asset to be relinquished in a property settlement agreement as a life insurance policy is a separate contract from a property settlement agreement. 11. 20 Pa. C.S. Section 6112.2 was not in affect at the time of the beneficiary designation, October 29, 1991, or life insurance policy effective date of August 28, 1986. 12. Parsonese v. Midland Nat'l Insurance Co., 550 Pa. 423, 706 A.2d 814, 1998 states that applying 20 Pa. C.S. Section 6111.2 retroactively to a contract entered into prior to the effective date of the statute would be unconstitutional, in violation of the contract clause, Article I, Section 17 of the Pennsylvania Constitution. 13. Kevin M. Stago's beneficiary designation was a contract that was entered into on October 29, 1991, prior to the passing and effective date of 20 Pa. C.S. Section 6111.2, therefore unconstitutional if applied to the contract in question. 14. Kevin M. Stago's inactions to change the beneficiary on his life insurance policy indicates that he intended for Tira L. Stago to be the beneficiary of his life insurance policy, indirectly benefiting his minor son, Kevin M. Stago Jr. 15. Kevin M. Stago and Tira L. Stago separated on June 12, 2009. 16. Kevin M. Stago failed to change the beneficiary on said life insurance policy from June 12, 2009 until his tragic death on April 16, 2010. 17. Tira L. Stago has incurred significant legal costs in having to litigate this claim even though there is case law which substantiates that 20 Pa. C.S. Section 6111.2 would be unconstitutional if applied to contracts entered into prior to the effective date of the statute. WHEREFORE, the Claimant, Tira L. Stago, requests this Honorable Court to order and direct the following: A. Award the proceeds of the Metropolitan Life Insurance Policy No. 862 833 941 to Tira L. Stago and direct that the Prothonotary release the funds interpleaded by Metropolitan Life Insurance to Tira L. Stago. B. Order and direct that Thomas A. Stago pay any and all counsel fees incurred by Tira L. Stago to pursue these funds. C. Such other relief as the Court deems appropriate. Respectfully submitted, i.... L-j3-!t "0 .1 Fiona K. adness Attorney for Claimant Supreme Court ID #65283 301 South Hanover Street Carlisle, PA 17013 (717) 991-1382 METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff TIkA L. STAGO and THOMAS A. STAGO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOVEMBER TERM, 2010 NO.. 10-7256 VERIFICATION I, Tira L. Stago, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn verification to authorities. Date: L-Z/- // Tira L. Stago METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff TIRA L. STAGO and THOMAS A. STAGO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : NOVEMBER TERM, 2010 NO.. 10-7256 CERTIFICATE OF SERVICE AND NOW, this day of June, 2011, I, Fiona K. Fadness, Attorney for the Plaintiff, hereby certify that I have this day served the following person with a copy of the foregoing document, by depositing same in the United States Mail, Postage Prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael L. Bangs Bangs Law Office 429 South 18" Street Camp Hill, PA 17011 Fiona K. adness Attorney for Plaintiff 301 South Hanover Street Carlisle, PA 17013 (717) 991-1382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN M. STAGO V. TIRA L. STAGO NO. 09-5382 CIVIL TERM DIVORCE DECREE 0 O:t P. ''11 AND NOW, , ? ? V J t is ordered and decreed that KEVIN M. STAGO , plaintiff, and TIRA L. STAGO , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. THE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT DATED JULY 7, 2009 IS INCORPORATED BY REFERENCE. i e Court, Attes • J. P othonotary SEPARATION AND PROPERTY SETTLEMENT AGREEMENT 1010 JAN -6 AM 11: 30 THIS AGREEMENT, made this Z day of July, 2009, by agNBERLAI1C CCUNiy PENNSYNA W between Kevin M. Stago of Enola, Cumberland County, Pennsylvania, a party of the first part, hereinafter referred to as "Husband" and Tira L. Stago of Enola, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife" WITNESSETH: WHEREAS, husband and wife were married on September 21, 1991 in Marysville, Perry County, Pennsylvania; and WHEREAS, husband and wife have been living separate and apart from each other since June 12, 2009; WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I avnaoAmTew 1.1 It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall harass, whether physical or by communication, threaten or interfere with the life of the other. Neither party shall molest the other or compel or endeavor to compel the other to cohabitate or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either husband or wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the nonprosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he or she are and ever shall be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by and such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the parties hereto. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit Agreement to survive any such agreements. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. a. The parties hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. 3.3 The wife shall retain sole and exclusive right, title and possession of all personal property that was obtained by her prior to the marriage and both husband and wife shall retain sole and exclusive right, title and possession of all personal property that was obtained by way of gift from each party's family (i.e. wife has sole and exclusive right, title and possessions of all personal property obtained from wife's family, including but not limited to parents and grandparents; husband has sole and exclusive right, title and possessions of all personal property obtained from husband's family including but not limited to parents and grandparents). Except as provided for herein, Husband shall make no claim whatsoever for any personal property in wife's possession and/or personal property that was obtained prior to the marriage or byway of gift or inheritance from her family. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession and/or personal property that was obtained by way of gift or inheritance from his family. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within ninety (90) days of the execution of this Agreement or within ninety (90) days of the request from the opposing party. 3.4 Except as provided herein, Wife waives any right or interest she may have in the real estate that was the marital residence with an address of 104 Mountain Lane, Enola, Cumberland County, Pennsylvania or any real estate obtained after the date of separation. Wife agrees to execute any quit claim deed(s) and any other documents necessary to waive her interest in said property at the time Husband refinances said property solely in his name, deeding the real estate to Husband solely. Wells Fargo currently holds a first mortgage on said property and Malvern Federal Credit Union currently holds a home equity loan on said property. Husband agrees to attempt to refinance the property to remove wife's name from any obligations on the said real estate within 24 months of the date of this agreement, and each year thereafter until he obtains refinancing without wife as a co- borrower. Until Husband refinances the two said loans to remove wife as co-borrower, Wife agrees to refinance the property with Husband upon Husband's request to consolidate both the first mortgage and home equity loan into one loan. Except as provided herein, Husband waives any right or interest he may have in any other real estate obtained by wife after the date of separation. Husband agrees to execute any quitclaim deeds and any other documents necessary to waive his interest in said property within 60 days of wife's request, deeding the real estate to Wife solely. 3.5 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently titled in the other party's name. Additionally, it is also agreed that Wife will relinquish any right, title and interest she has in any vehicle, including sports vehicles, other than the 1997 Toyota 4Runner and the 2007 Toyota Sequoia. It is the intention of the parties that the 1997 Toyota 4Runner and the 2007 Toyota Sequoia shall remain solely in Wife's name although the vehicles were obtained during the marriage. It is the intention of the parties that the 2000 Ford E250 Diesel shall remain solely in Husband=s name although the vehicle was obtained during the marriage. It is the intention of the parties that any trailers, jet skis and four wheelers will be transferred solely into Husband's name. Except as provided herein, Husband waives any right or interest he may have in the 1997 Toyota 4Runner and the 2007 Toyota Sequoia and Wife waives any right or interest she may have in the 2000 Ford F250 Diesel, trailers, jet skis and four wheelers. Both Husband and Wife agree that there are no existing debts on any of the vehicles with the exception of the 2007 Toyota Sequoia. Furthermore, except as provided herein, Wife agrees to waive her rights and interest in all marital personal property in the possession of Husband. Additionally, Husband agrees to waive his rights and interest in the marital personal property in the possession of Wife. Husband agrees that wife can remove and take possession of the following marital property that remains at the marital residence at the time of signing this agreement: Christmas decorations, Toyota Sequoia seats, other items as both parties agrees; and any non-marital property belonging to Wife's parents and other non-marital property as it was obtained prior to the marriage or by gift, from the marital residence within 60 days from the date of this agreement and under the supervision of Husband. 3.6 Husband and Wife agree to waive and relinquish any right that he or she may now have or hereafter acquire in any deferred compensation, pension, profit-sharing, individual retirement plan (IRA) or other retirement plan of the other party. Specifically, Husband agrees to waive and relinquish any right he may have in Wife's retirement plan with the Commonwealth of Pennsylvania and Wife agrees to waive and relinquish any right she may have in Husband's Roth IRA and/or regular IRA. Both parties agree to waive and relinquish any right that he or she may now have or hereafter acquire in any life insurance policies on the life of the other. 3.7 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support. Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement except for the following: A. There exists a note payable to Pennsylvania State Employees Credit Union on the 2007 Toyota Sequoia, which obligation is to be that solely of Wife=s. This debt is solely in wife-s name at the time of signing this agreement. Therefore, no refinancing is required. B. There exists a Credit Card with Pennsylvania Employees State Credit Union with a balance on the date of separation in the amount of approximately $9,000, which obligation is to be that solely of Wife=s unless the marital residence is sold, at which time the balance of said marital obligation will be paid off with the proceeds from the sale of the residence. Currently the credit card is in wife's name alone at the time of signing this agreement. Therefore, no refinancing is required. Husband agrees to turn over the PSECU credit card currently in his possession. C. There exists a note payable to Sleepys for a mattress set wife purchased in contemplation of separation, which obligation is to be that solely of Wife's. D. There exists a note payable to Circuit City for a laptop computer in the approximate amount of $1,000, which obligation is to be that solely of Husband's. However, Wife agrees to make the monthly payments for said laptop until a joint tax return is filed resulting in a refund of federal income tax, at which time the remaining balance shall be paid off with said refund and any remaining refund will be distributed equally between Husband and Wife. If separate tax returns are filed, Husband and Wife agree to use the corresponding refunds to pay off the note payable for the laptop in equal shares. E. There exists a mortgage payable in the approximate amount of $236,000 to Wells Fargo. This debt will be the sole responsibility of Husband. Husband agrees to attempt to refinance the property to remove Wife's name from said obligation within 24 months of the date of this agreement, and each year thereafter until he obtains refinancing, removing wife's name as a responsible party. E. There exists a home equity loan payable in the approximate amount of $40,000 to Malvern Federal Credit Union. This debt will be the sole responsibility of Husband. Husband agrees to attempt to refinance the property to remove Wife's name from said obligation within 24 months of the date of this agreement, and each year thereafter until he obtains refinancing, removing wife's name as a responsible party. Wife agrees to refinance the property with Husband upon Husband's request to consolidate both the first mortgage and home equity loan into one loan until Husband refinances the two said loans, removing Wife as co-borrower. Husband and Wife acknowledge that all other joint miscellaneous utility bills associated with the marital residence, except those itemized above, if any, are the sole responsibility of Husband and all utility bills are currently in Husband=s name alone. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 The parties hereto have had the right to retain independent legal counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or'curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania (b) any state, commonwealth, or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any'and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date•of this Agreement, except as is otherwise specifically provided herein. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of'any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, which are in effect as of the date of execution of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 6.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitles, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, wither at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. IN WITNESS WHEREOF, the said parties of this Agreement have r hereunto set their hands and seals, intending to be bound legally hereby, the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS: NESS: 9iz 'ZZ&144/? .fi'''r' KEVIN M ST T RA L . S I METROPOLITAN LIFE INSURANCE COMPANY, PLAINTIFF V. TIRA L. STAGO and THOMAS A. STAGO, DEFENDANTS IN THE COURT OF COMMON PLEAS CTP r?-j ?#IIA PENNSY NTY . y , CUMBERLAND COU 4 ? ..y MCD c- =-n rn '- M cnr- .2E DO rn -<> co d 2} ? A _'*1 X NO. 10-7256 CIVIL b?C: i ORDER OF COURT AND NOW, this 27th day of June, 2011, the non-jury trial in the above referenced case has been assigned to this Court. Prior to setting an actual trial date, IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial memorandum with the Court on or before August 5, 2011, in the following format: 1. A concise statement of factual issues to be decided at trial. II. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at trial. IV. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. V. An estimate of the anticipated time needed for the party to present its case. Upon receipt and review of these memorandums, the Court will set a trial date for this case. By the Court, M. L. Ebert, Jr., J. Michael Bangs, Esquire Attorney for Defendant Thomas Stago Fiona K. Fadness, Esquire Attorney for Defendant Tira Stago bas lOp;?s ?? , l??l / 1?? ??L METROPOLITAN LIFE INSURANCE COMPANY, PLAINTIFF V. TIRA L. STAGO and THOMAS A. STAGO, DEFENDANTS IN THE COURT OF COMMON PLEAS 4k CUMBERLAND COUNTY PENNSYLI _ A , - - CD NO. 10-7256 CIVIL ORDER OF COURT AND NOW, this 8`h day of August, 2011, the non-jury trial in the above captioned case will be held on Thursday, December 1, 2011, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. ? Michael Bangs, Esquire Attorney for Defendant Thomas Stago os? / Fiona K. Fadness, Esquire ?p?IP.s 8 `) Attorney for Defendant Tira Stago bas RECEIPT FOR PAYMENT ** DUPLICATE ** Cumberland County Prothonotary's Office Receipt Date 5/25/2011 Carlisle, Pa 17013 Receipt Time 11:58:41 Receipt No. 269615 METROPOLITAN LIFE INSURANCE (vs) STAGO TIRA L ET AL Case Number 2010-07256 Remarks 0 OF C 05-11-2011 PAYEE 3978 Total Non-Cash. + 52,112.50 PYMT/CHECK Ref# 523 Total Cash..... + .00 Change......... - .00 Total Paid....... $52,112.50 ----------------- ----- Distribution Of Payment -- --------- ----------- Transaction Description Payment Amount BOND 17003708 - 10-9999 52 ,112.50 $52,112.50 RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 MCKEAN ROBERT C (vs) MCKEAN TRACEY L Case Number 2010-07526 Remarks 0 OF C 04-11-2011 PAYEE 3978 Total Non-Cash. + Total Cash..... + Change......... - Total Paid....... ** DUPLICATE ** Receipt Date 5/25/2011 Receipt Time 13:57:36 Receipt No. 259689 52,112.50 PYMT/CHECK Ref# 523 .00 .00 $52,112.50 ---------------------- Distribution Of Payment ---------------------- Transaction Description Payment Amount BOND 17003708 - 10-9999 52,112.50 $52,112.50 RECEIPT FOR TRANSFER -------------------- -------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Case Number 2010-09999 Remarks RELEASE BOND PER O OF C Receipt Date 01/11/2012 Receipt Time 12:26:27 Receipt No. 269617 ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee This Adj INTEREST 17003708 - 10-9999 347.61- REFUND STAGO THOMAS A 347.61 14154901112012 Cumberland County Prothonotary's Office Pa ye 1 PYS405 Manual Release Check Register 1/11/2012 Escrow Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------- 4005 STAGO THOMAS A Check Date: 01/11/2012 ------------------ Check No.:9000047 REFUND 2010- 09999 TRNS ESC IN 347.61 / / REFUND 2010- 07256 TRNS ESC IN 52112.50 1 11 2012 Payee total: ----------------------- 52460.11 ---------------- ------------------ -------------- --------- Grand total: 52,460.11