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Home My WebLink About05-5238IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance : Co; Physicians Mutual & Life Insurance Company;: and Veterans Life Insurance Company, Defendants/Respondents NOTICE TO DEFEND 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION 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 Phone: (717) 249-3166 (800)990-910g AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance : Co; Physicians Mutual & Life Insurance Company;: and Veterans Life Insurance Company, Defendants/Respondents COMPLAINT AND NOW, this ! day of October, 2005, come the Plaintiffs/Petitioners, the Estate of Agatha Haut and Paul H. Haut, Jr., by and through their attorneys, ROMINGER, BAYLEY & WHARE, and hereby file this Complaint in Equity, and in support thereof aver the following: 1. Agatha Haut died at the age of 75 years, on September 24, 2005, after suffering from dementia for a period of several years. 2. Agatha Haut's address at the time of her death was 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Agatha Haut is survived by five children: Paul H. Haut, Jr., Linda Swaim, Henry Henson, Evelyn Gimbara, and Stephen B. Haut. 4. A Petition for Grant of Letters of Administration for the Estate of Agatha Haut was filed on October 3, 2005; the grant of said letters is pending the completion of an Oath of Subscribing Witness by Sally J. Winder, Esquire, the attorney who drafted and witnessed the signing of Mrs. Haut's Last Will and Testament. 5. Agatha Haut's Last Will and Testament appoints Paul H. Haut, Jr., her son, as the Executor of her Estate. 6. Plaintiff Paul H. Haut, Jr., is an adult individual who resides at 57 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013. 7. Defendant Henry Henson is an adult individual who resides at 1128 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania 17257. 8. Defendant Globe Life & Accident Insurance Co (hereinafter "Globe") is a duly licensed insurance carrier with a place of business at Globe Life Center, Oklahoma City, Oklahoma 73184. 9. Defendant Globe has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 10. Agatha Haut was insured under a life insurance policy with Globe at the time of her death. 11. Defendant Physicians Mutual & Life Insurance Company (hereinafter "Physicians") is a duly licensed insurance carrier with a place of business at 2600 Dodge Street, Omaha, Nebraska 68131-2671. 12. Defendant Physicians has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 13. Agatha Haut was insured under a life insurance policy with Physicians at the time of her death. 14. Defendant Veterans Life Insurance Company (:hereinafter "Veterans") is a duly licensed insurance carrier with a place of business at 20 Moores Road, Frazer, Pennsylvania 19355. 15. Defendant Veterans has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 16. Agatha Haut was insured under a life insurance policy with Veterans at the time of her death. 17. Plaintiffs believe and therefore aver that Defendant Henry Henson fraudulently obtained a power-of-attorney for his mother, Agatha Haut, and proceeded to utilize said document to facilitate activities contrary to the interests of Agatha Haut. 18. Plaintiffs believe and therefore aver that Defendant Henry Henson has misappropriated the Estate's money, assets, and property. 19. Plaintiffs believe and therefore aver that Defendant Henry Henson will attempt to have the above-referenced life-insurance policies wrongfully paid out to himself. 20. Plaintiffs believe and therefore aver that Defendant Henry Henson fraudulently and/or via the exertion of undue influence transferred title to Agatha Haut's property to himself. 21. Plaintiffs believe and therefore aver that Defendant Henry Henson intends to liquidate the remaining assets of the estate and, too, that he will liquidate the assets to which he fraudulently acquired title, to include real property. 21 The Plaintiffs are entitled to the relief requested for the following reasons: a. The Plaintiffs are threatened with permanent and irreparable harm given Respondent Henry Henson's past pattern of conduct, and present clear intent to defraud Plaintiffs, thereby unjustly enriching himself; and b. Plaintiffs do not have an adequate remedy at law. WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant the following relief: a. Permanently enjoining Defendant Henry Henson from spending or utilizing any of the estate's assets which he wrongfully acquired, no matter in what form, when acquired, or where situate; b. Permanently enjoining Defendant Henry Henson from receiving any life insurance disbursements made on account of the death of Agatha Haut, by check or otherwise; c. Permanently enjoining Defendant Globe from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; d. Permanently enjoining Defendant Physicians from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; e. Permanently enjoining Defendant Veterans from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; f. Order Defendant Henry Henson to return to and/or reimburse the Estate of Agatha Haut all money, assets, and property wrongfully appropriated, or the value thereof; and g. Awarding any such other relief as the Court deems appropriate to include costs and reasonable attorney fees. Respectfully BAYLEY & WHARF bemes Nelson, Esquire D. No. 91144 155 South Hanover Street Carlisle, PA 17013 Tel: (717)241-6070 Fax: (717)241-6878 Attorneys for Plaintiffs VERIFICATION I verify that I am the Plaintiff/Petitioner and that the statements made in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unswom falsification to authorities. Date: raut, Paul HJr. CERTIFICATE OF SERVICE AND NOW, this day of October, 2005, I, James I Nelson, Esquire, hereby certify that I have this day served the following person with copies of the foregoing Complaint at Equity and Petition for Preliminary Injunction, via process server: Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Globe Life & Accident Insurance Co Globe Life Center Oklahoma City, OK 73184. Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671. Veterans Life Insurance Company 20 Moores Road, Frazer, PA 19355 ROMINGER BAYLEY & WHARE .-James N Nelson, Esquire Attorney ID No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for PlaintilTs/Petitioners ?? ?> `? <n ? `? ? ? r ?.,.., , ?-, -? -?`. z-- "-z n u? .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., . individually, Plaintiffs/Petitioners No. 2005 - SZ 3S V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance : Co; Physicians Mutual & Life Insurance Company; : and Veterans Life Insurance Company, Defendants/Respondents PETITION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE AND HEARING AND NOW, this 5f'- day of October, 2005, come the Plaintiffs/Petitioners, the Estate of Agatha Haut and Paul H. Haut, Jr., by and through their attorneys, ROMINGER, BAYLEY & WHARE, and petition this Honorable Court for a preliminary injunction pursuant to Pa. R.C.P. 1531, and in support thereof aver the following: 1. Agatha Haut died at the age of 75 years, on September 24, 2005, after suffering from dementia for a period of several years. 2. Agatha Haut's address at the time of her death was 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Agatha Haut is survived by five children: Paul H. Haut, Jr., Linda Swaim, Henry Henson, Evelyn Gimbara, and Stephen B. Haut. 4. A Petition for Grant of Letters of Administration for the Estate of Agatha Haut was filed on October 3, 2005; the grant of said letters is pending the completion of an Oath of Subscribing Witness by Sally J. Winder, Esquire, the attorney who drafted and witnessed the signing of Mrs. Haut's Last Will and Testament. 5. Agatha Haut's Last Will and Testament appoints Paul H. Haut, Jr., her son, as the Executor of her Estate. 6. Petitioner Paul H. Haut, Jr., is an adult individual who resides at 57 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013. 7. Respondent Henry Henson is an adult individual who resides at 1128 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania 17257. 8. Respondent Globe Life & Accident Insurance Co (hereinafter "Globe") is a duly licensed insurance carrier with a place of business at Globe Life Center, Oklahoma City, Oklahoma 73184. 9. Respondent Globe has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 10. Agatha Haut was insured under a life insurance policy with Globe at the time of her death. 11. Respondent Physicians Mutual & Life Insurance Company (hereinafter "Physicians") is a duly licensed insurance carrier with a place of business at 2600 Dodge Street, Omaha, Nebraska 68131-2671. 12. Respondent Physicians has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 13. Agatha Haut was insured under a life insurance policy with Physicians at the time of her death. 14. Respondent Veterans Life Insurance Company (hereinafter "Veterans") is a duly licensed insurance carrier with a place of business at 20 Moores Road, Frazer, Pennsylvania 19355. 15. Respondent Veterans has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 16. Agatha Haut was insured under a life insurance policy with Veterans at the time of her death. 17. Plaintiffs believe and therefore aver that Respondent Henry Henson fraudulently obtained a power-of-attorney for his mother, Agatha Haut, and proceeded to utilize said document to facilitate activities contrary to the interests of the Haut Estate. 18. Plaintiffs believe and therefore aver that Respondent Henry Henson has misappropriated the Estate's money, assets, and property. 19. Plaintiffs believe and therefore aver that Respondent Henry Henson fraudulently and/or via the exertion of undue influence transferred title to Agatha Haut's property to himself. 20. Petitioner has filed a Complaint in Equity, requesting that this Honorable Court enjoin Respondent Henry Henson from spending or utilizing any of the funds or assets that he has already appropriated from the Haut Estate, and to enjoin Respondent Henry Henson from any taking any further action relating to the Estate and/or its assets. A copy of the Complaint is attached hereto as Exhibit A and incorporated herein by reference as if fully set forth herein. 21. The Petitioners are entitled to the relief requested for the following reasons; a. The Petitioners are threatened with immediate and irreparable harm given Respondent Henry Henson's past pattern of conduct, and present intent to defraud Petitioners, thereby unjustly enriching himself b. In relation to the foregoing, immediate and irreparable injury will be sustained by Petitioners before a hearing can be held on. Petitioners' motion for a preliminary injunction, in that Respondent Henry Henson is currently attempting to withdraw all or a portion of the deceased's proceeds on deposit; in that Respondent Henry Henson is attempting to acquire the deceased's life insurance proceeds; and in that Petitioners have reason to believe that Respondent Henry Henson will attempt to liquidate all assets to which he fraudulently acquired title, to include the deceased's residential property. c. The pressing necessity to avoid injurious consequences that cannot be repaired under any standard of compensation. d. Counsel for Plaintiffs has attempted to give notice, and received no reply, from the Respondent insurance companies. Copies of the letters that constitute said notice are attached hereto as Exhibit B and incorporated as if fully set forth herein. e. Under the attendant circumstances, the provision of advance notice to Respondent Henry Henson is a practical impossibility, insofar as Plaintiffs believe that any such notice would serve to expedite his efforts to liquidate the Estate's property. f The requested relief will serve to preserve the status quo which existed before the acts complained of in the complaint by restoring the last peaceable, noncontested status which preceded the controversy. WHEREFORE, Petitioner respectfully requests, pursuant to Pa. R.C.P. 1531(a), that a preliminary injunction forthwith be granted by this Court, prior to notice and hearing, in order to preserve the status quo until such time as this Court finally determines the rights of each party by: a. Enjoining Respondent Henry Henson from spending or utilizing any of the deceased's assets, no matter in what form, when acquired, or where situate; b. Enjoining Respondent Henry Henson from the receipt of any life insurance disbursements made on account of the death of Agatha Haut, by check or otherwise; c. Enjoining Respondent Globe from making arty benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; d. Enjoining Respondent Physicians from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; e. Enjoining Respondent Veterans from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; and, f Scheduling and holding a timely hearing, pursuant to Pa. R.C.P. 1531(d), pertaining to the continuance of such preliminary injunction. submitted, BAYLEY & WHARE Jame elson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle, PA 17013 Tel: (717)241.5070 Fax: (717)241-6878 Attorneys for Plaintiffs VERIFICATION I verify that I am the Plaintiff/Petitioner and that the statements made in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unworn falsification to authorities. Date: ?O- U S? ?`'1Paul H. Haut, Jr. CERTIFICATE OF SERVICE AND NOW, this Vl_ day of October, 2005, I, James I Nelson, Esquire, hereby certify that I have this day served the following person with copies of the foregoing Complaint at Equity and Petition for Preliminary Injunction, via process server: Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 The following Defendants/Respondents were served the same via first class, United States Mail, postage pre-paid, addressed as follows: Globe Life & Accident Insurance Co Globe Life Center Oklahoma City, OK 73184. Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671. Veterans Life Insurance Company 20 Moores Road, Frazer, PA 19355 YLEY & WHARE Ja Nelson, Esquire ttomey No. 91144 Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Plaintiffs/Petitioners Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance : Cc; Physicians Mutual & Life Insurance Company; : and Veterans Life Insurance Company, Defendants/Respondents 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION 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 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance : Co; Physicians Mutual & Life Insurance Company; : and Veterans Life Insurance Company, Defendants/Respondents COMPLAINT AND NOW, this 5?_ day of October, 2005, come the Plaintiffs/Petitioners, the Estate of Agatha Haut and Paul H. Haut, Jr., by and through their attorneys, ROMINGER, BAYLEY & WHARF, and hereby file this Complaint in Equity, and in support thereof aver the following: 1. Agatha Haut died at the age of 75 years, on September 24, 2005, after suffering from dementia for a period of several years. 2. Agatha Haut's address at the time of her death was 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Agatha Haut is survived by five children: Paul H. Haut, Jr., Linda Swaim, Henry Henson, Evelyn Gimbara, and Stephen B. Haut. 4. A Petition for Grant of Letters of Administration for the Estate of Agatha Haut was filed on October 3, 2005; the grant of said letters is pending the completion of an Oath of Subscribing Witness by Sally J. Winder, Esquire, the attorney who drafted and witnessed the signing of Mrs. Haut's Last Will and Testament. 5. Agatha Haut's Last Will and Testament appoints Paul H. Haut, Jr., her son, as the Executor of her Estate. 6. Plaintiff Paul H. Haut, Jr., is an adult individual who resides at 57 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013. 7. Defendant Henry Henson is an adult individual who resides at 1128 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania 17257. 8. Defendant Globe Life & Accident Insurance Co (hereinafter "Globe") is a duly licensed insurance carrier with a place of business at Globe Life Center, Oklahoma City, Oklahoma 73184. 9. Defendant Globe has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 10. Agatha Haut was insured under a life insurance policy with Globe at the time of her death. 11. Defendant Physicians Mutual & Life Insurance Company (hereinafter "Physicians") is a duly licensed insurance carrier with a place of business at 2600 Dodge Street, Omaha, Nebraska 68131-2671. 12. Defendant Physicians has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 13. Agatha Haut was insured under a life insurance policy with Physicians at the time of her death. 14. Defendant Veterans Life Insurance Company (hereinafter "Veterans") is a duly licensed insurance carrier with a place of business at 20 Moores Road, Frazer, Pennsylvania 19355. 15. Defendant Veterans has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 16. Agatha Haut was insured under a life insurance policy with Veterans at the time of her death. 17. Plaintiffs believe and therefore aver that Defendant Henry Henson fraudulently obtained a power-of-attorney for his mother, Agatha Haut, and proceeded to utilize said document to facilitate activities contrary to the interests of Agatha Haut. 18. Plaintiffs believe and therefore aver that Defendant Henry Henson has misappropriated the Estate's money, assets, and property. 19. Plaintiffs believe and therefore aver that Defendant Henry Henson will attempt to have the above-referenced life-insurance policies wrongfully paid out to himself. 20. Plaintiffs believe and therefore aver that Defendant Henry Henson fraudulently and/or via the exertion of undue influence transferred title to Agatha Haut's property to himself. 21. Plaintiffs believe and therefore aver that Defendant Henry Henson intends to liquidate the remaining assets of the estate and, too, that he will liquidate the assets to which he fraudulently acquired title, to include real property. 22. The Plaintiffs are entitled to the relief requested for the following reasons: a. The Plaintiff's are threatened with permanent and irreparable harm given Respondent Henry Henson's past pattern of conduct, and present clear intent to defraud Plaintiffs, thereby unjustly enriching himself; and b. Plaintiffs do not have an adequate remedy at law. WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant the following relief: a. Permanently enjoining Defendant Henry Henson from spending or utilizing any of the estate's assets which he wrongfully acquired, no matter in what form, when acquired, or where situate; b. Permanently enjoining Defendant Henry Henson from receiving any life insurance disbursements made on account of the death of Agatha Haut, by check or otherwise; c. Permanently enjoining Defendant Globe from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; d. Permanently enjoining Defendant Physicians from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; e. Permanently enjoining Defendant Veterans fiom making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; f. Order Defendant Henry Henson to return to and/or reimburse the Estate of Agatha Haut all money, assets, and property wrongfully appropriated, or the value thereof; and g. Awarding any such other relief as the Court deems appropriate to include costs and reasonable attorney fees. Respectfully BAYLEY & WHARE dames Nelson, Esquire D. No. 91144 155 South Hanover Street Carlisle, PA 17013 Tel: (717)241-6070 Fax: (717)241-6878 Attorneys for Plaintiffs VERIFICATION I verify that I am the Plaintiff/Petitioner and that the statements made in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unworn falsification to authorities. Date.. Paul 'H. Flaut, Jr. CERTIFICATE OF SERVICE AND NOW, this ?, day of October, 2005, I, James I Nelson, Esquire, hereby certify that I have this day served the following person with copies of the foregoing Complaint at Equity and Petition for Preliminary Injunction, via process server: Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Globe Life & Accident Insurance Co Globe Life Center Oklahoma City, OK 73181. Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671. Veterans Life Insurance Company 20 Moores Road, Frazer, PA 19355 ROMINGERS BA.YLEY & WHARE E !James . elson, I?squire Attorney ID No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Plaintiffs/Petitioners Exhibit "B" ROMINGER, BAYLEY & WHARE Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 5, 2005 Via Facsimile Only to (610)648-5364 Veterans Life Insurance Company Attn: POS Valley Forge, PA 19493 Re: Policy Number 400YT55570 Insured: Agatha Haut Dear Madam; dear Sir: This correspondence comes as a follow-up to the letter which I sent to you yesterday. A correction: the particular son of Mrs. Haut who is suspected of fraudulent activity is He= Henson, not Stephen Haut. Accordingly, we ask that you refrain from making any benefit payment to Henry Henson, or to any other person. Please acknowledge your understanding and willingness to abide by this request in writing by the close of business today. You may fax your statement to (717) 214-6878, Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. Ve y yours, Jam I. Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY* ADVICE • ANSWERS MEMORY TRANSMISSION REPORT FILE NO. 189 DATE 10.05 14:59 TO R 6106485364 DOCUMENT PAGES 1 START TIME 10.05 14:59 END TIME 10.05 14:59 PAGES SENT 1 STATUS OK TIME FAX NO.1 NAME *** SUCCESSFUL TX NOTICE *** :10-05-'05 14:59 :7172416878 :ROMINGER,EAYLEY,WHAR ROMINGER, BAYLEY ?'• WHARE A t r o r n e y s a t L a w Karl E. Rominger James I. Nelson Mark F. Bayity Michael O. Palermo, Jr Michael J. Wharc October S. 2003 Ve:teaana Lifer Insurance Company Axm: P03 Valley Forge. PA 19493 Re: Policy Numbs 4 O0 55570 Iraaured: Agatha Haut Deal Madam; dear Sir. 'T'his correapondenca corr+.ea as a follow-up to the letter which I seat to you yesterday. A correction: the va^ r son of Mrs. Haut who is suspected of fraudulent activity is try, not Stephen Hauc. Accordingly, we asl< that you regain from ki a any benefit payr .t to Flexuy Hexlaon, or to any other person. .'P1Ea3!'a'CRYI(aW1PAg''Ey()lll'--utidez3t3riding gild. WUuA$ .sx us gbide by thl6 regLLCat l[i.. writing by the. rose of business xodaY. Yoss may fax your statement w (717) 214-6878. Your imxrtediate anention to chic macrez is greatly aDPracia.red. Should you ha*?e any questions do not hesitate w contact our o1)`?ca. V y yours, Jam I. Nelson I" South Hanover' Street. Cwrllale. Pennaylvania 17013 • Tel: (719) 241-6090 - Fax: (717) 241-6878 WWw.tOmingerlaw.tom ADVOCACY - ADVICE - ANS?NERS ROMINGER, BAYLEY & WHARE Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 4, 2005 Via Facsimile Only to (402)633-1604 Physician's Mutual Insurance & Life Company 2600 Dodge Street Omaha, NE 68131-2671 Re: Policy Number 082-835-063 Insured: Agatha Haut Dear Madam; dear Sir- This correspondence comes as a follow-up to the letter which I sent to you yesterday. A correction: the particular son of Mrs. Haut who is suspected of fraudulent activity is Heajy Henson, not Stephen Haut. Accordingly, we ask that your company refrain from making any benefit payment to Henry Henson, or to any other person. Please acknowledge your understanding and willingness to abide by this request in writing by the close of business today. You may fax your statement to (717) 214-6878. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. 155 South Hanover Street, Carlisle, Pennsylvania 17013 - Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-04-'05 15:02 FAX X0.1 :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. 173 DATE 10.04 15:00 TO : 8 14026331604 DOCUMENT PAGES 1 START TIME 10.04 15:02 END TIME 10.04 15:02 PAGES SENT 1 STATUS OK *** SUCCESSFUL TX NOTICE *** ROMINGER, BAYLEY &:: WHARE Attorneys a c L a w Karl E. R rnxoger Marls F. $ayley Michael J. Where October 4, 2005 Physician's Munsal Insurance 8c Lift Company 2600 Dodge Street Omaha, NH 68 1 3 1-267 1' James I. Nelson Michael O. Palermo. Jr Rc: Policy Nutoa cr 082-835-063 Insured: Agatha Haut Dear Madam; dear Sir: This correspondence comes as a follow-up to the letter which I aettt to you yeaterday- A correctioxx: the particular son of Mrs: Haut who )s suspected of fraudulent activlty is H?ry u? r. not Stephen Haut. AccoMingly, we ask that your company refrain from mating any b ant payment to Hc, u Henson, or to any other pat... Please acltnowkdge your unctarstaxxeli g acrd witlingnesa u> abide by tlria rcqucat in writ*og by the close ofbuainesa today- You may fax your statement to 77173 214-6878. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to concur our omce. V.ryy y ours, /Jamo4i Nelson A" SOU[6 Hanover Sime[. Carlisle, PennayNania 17013 • Tale (717) 241-6070 - Paa: (719) 241-6878 W W W.rOminaerlaW.cOm ADVOCACY - ADVICE ? ANS?NEKS ROMINGER, BAYLEY & WHARE Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 4, 2005 Via Facsimile Only to (405)270-1467 Globe Life & Accident Insurance Co Attn: Richard H. Globe Life Center Oklahoma City, OK 73184 Re: Policy Number 0OA046490 Insured: Agatha Haut Dear Madam; dear Sir: This correspondence comes as a follow-up to the letter which I sent to you yesterday. A correction: the particular son of Mrs. Haut who is suspected of fraudulent activity is He= Henson, not Stephen Haut. Accordingly, we ask that you refrain from making any benefit payment to Henry Henson, or to any other person. Please acknowledge your understanding and willingness to abide by this request in writing by the close of business today. You may fax your statement to (717) 214-6878. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. Ve truly ours, am I. Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-04-'05 15:01 FAX NO.1 ;7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 112 10.04 15:00 814052701467 1 10.04 15:01 10.04 15:01 1 OK *** SUCCESSFUL TX NOTICE *** ROMINGER, BAYLEY 8L WHARE A t t o r n e y s a L L a w Karl E. Rominger Mark P. Bayley Michael J. Where October A. 2003 Globe Life 8t AocidenL Insurance Co Attn: Richard H. Globe Life Cotter Oklahoma City, OK 73184 Re: Policy 1 t.ber 00A046490 Irasured: Agatha Haut near Madam; dear Sir Tames I. Nelson Michael O. Palermo, Jr This correapor[dence . . . as a follow-up to the letter which I sent to you yeaterday. A correction: the px.rir-••lar eon of Mrs. Hav[ who is auapecKed of Fraudulent activity is lxc"nLxff?, not Stephen Haut Acco benefit paytascni to Herny Henson, or to rd any y th ther rrp ask Lhat You regain from mating any o person. please acknowledge your understanding acrd willit[g[tess to abide by this request in writio[ by the Close of busictess today. You may IL.tc yotm staoe r¢ to (717) 214-6878. Yotm imtnrdiace attention to this rnatter is greatly appreciated. Should you have any questions do not hesitate to contact our office. V truly outs, am I. Nelson 155 Sough Hanovor Strt6t. Carlialq PannsylvanL 19013 - Tc3: ("]l7) 241 _6p70 - Pas: MI) 241-6898 www.romingerlaw.com ADVOCACY - ADVICE - ANS?T•rERS ROMINGER, BAYLEY & WHARF Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 3, 2005 Via Facsimile Only to (610)648-5364 Veterans Life Insurance Company Attn: POS Valley Forge, PA 19493 Re: Policy Number 400YT55570 Insured: Agatha Haut Dear Madam; dear Sir Please be advised that this law firm represents the Estate of Agatha Haut. Mrs. Haut died on September 24, 2005. Serious concerns have arisen regarding the propriety of certain actions taken by Mrs. Haut's son, Stephen B. Haut, prior to her death. Said actions include the possible fraudulent acquisition of a power-of-attorney and the exertion of undue influence with regard to property conveyances. We anticipate commencing litigation regarding this matter within the next week. In the interim, we hereby seek your company's agreement to withhold from the payout to any beneficiary - particularly Stephen B. Haut and Patti L. Haut - on Mrs. Haut's policy. Further, please acknowledge your understanding and willingness to abide by this request in writing by 2 p.m., EST. You may fax your statement to (717)241-6878. Should you fail to provide this office with a written statement by 2 p.m. tomorrow, we will file an emergency petition for injunctive relief against your company in the Court of Common Pleas of Cumberland County, Pennsylvania. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. I very t yours, N _4k5z? Ja s I. Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 - Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-03-'05 17:01 FAX NO.1 :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. 149 DATE 10.03 16:58 TO 8 16106485364 DOCUMENT PAGES 2 START TIME 10.03 17:00 END TIME 10.03 17:01 PAGES SENT 2 STATUS OR *** SUCCESSFUL TX NOTICE Rominger, Bayley Sz VWhare LAW OFFICES____-_-------- _ 153 SOLJ'I-H HANOVER S EET CARLISLE, PENNBYL.VANIA 17013 T.I. (717) 241-6070 V. (717) 241-6878 ----- 1 Karl E_ Romi[taaz. Esq. Mark F. SaYlev. Fwq. Michael l- Wharo. Fiq• lames I. Ncbo[t. Faq. Michael O. Prole[-mo, F+q. FROM: TO. AT'CN: DATE: FAX NO.: MESSAGE: •t•--•sou?J ?-(;?gsJS L(.G-? f0/*3/flS-- l?10 S3(04- LE-t-ZC'2?- 5 No. o£ Pages (including cover shoe[) Z--- I£ you do not raceive the amount of pages stated above. Pleamo contsot us immediately. All :::Formation contained in this fez is confidcntisl and privilagcd. If you receive tl.is feat in error please call 71-7-241-6070 ADVOCACY 0 ADVICE 0 AN9WEll29 ROMINGER, BAYLEY & WHARE Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 3, 2005 Via Facsimile Onlv to (405)270-1467 Globe Life & Accident Insurance Co Attn: Richard H. Globe Life Center Oklahoma City, OK 73184 Re: Policy Number 0OA046490 Insured: Agatha Haut Dear Madam; dear Sir Please be advised that this law firm represents the Estate of Agatha Haut. Mrs. Haut died on September 24, 2005. Serious concerns have arisen regarding the propriety of certain actions taken by Mrs. Haut's son, Stephen B. Haut, prior to her death. Said actions include the possible fraudulent acquisition of a power-of-attomey and the exertion of undue influence with regard to property conveyances. We anticipate commencing litigation regarding this matter within the next week. In the interim, we hereby seek your company's agreement to withhold from the payout to any beneficiary - particularly Stephen B. Haut - on Mrs. Haut's policy. Further, please acknowledge your understanding and willingness to abide by this request in writing by 2 p.m., EST. You may fax your statement to (717)241-6878. Should you fail to provide this office with a written statement by 2 p.m. tomorrow, we will file an emergency petition for injunctive relief against your company in the Court of Common Pleas of Cumberland County, Pennsylvania. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. „ Very trult yours, 1. Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-03-'05 17:05 FAX NO.1 :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 151 10.03 17:04 814052701467 2 10.03 17:04 10.03 17:05 2 OX *** SUCCESSFUL TX NOTICE *** Rominger, Bayley 6z. ?JVhare ISS SOL)'iH I-IAIVOVER S'I'RES'I' --- CARLISLE, PENNSYLVANIA 17013 T.I. (717) 241-6070 Fax. (717) 241.6878 Karl E. Romineer, EYq_ Mark F¢Bavlay, Paq. Michael 7• Wlaaro, Psq. lames I. NaLon, Esg- Miahasl O. Pa.lertrto, Heq- FROM: TO_ ?E (iIFE ATTN: ?t?N PC-? *'f DATE: i FAX NO.: ?s}pS7 Z7O • !4( 7 MESSAGEa L?T'ti=Yt-- ?aw]S _ No. o£ Pages (including cover shoat) 2 I£ you do not receive the amount of pesos stated above, please contact us imtnadiatety. All information contained in this £ax is con£doatial and privilaged- I£you tecei?c this £ax in atror please call 717-141-6070 ADVOCACY p ADVICE O ANSWERS RoMINGER, BAYLEY tai WHARE Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 3, 2005 Via Facsimile Only to (402 633-1604 Physician's Mutual Insurance & Life Company 2600 Dodge Street Omaha, NE 68131-2671 Re: Policy Number 082-835-063 Insured: Agatha Haut Dear Madam; dear Sir: Please be advised that this law firm represents the Estate of Agatha Haut. Mrs. Haut died on September 24, 2005. Serious concerns have arisen regarding the propriety of certain actions taken by Mrs. Haut's son, Stephen B. Haut, prior to her death. Said actions include the possible fraudulent acquisition of a power-of-attorney and the exertion of undue influence with regard to property conveyances. We anticipate commencing litigation regarding this matter within the next week. In the interim, we hereby seek your company's agreement: to withhold from the payout to any beneficiary - particularly Stephen B. Haut and Patti L. Haut - on Mrs. Haut's policy. Further, please acknowledge your understanding and willingness to abide by this request in writing by 2 p.m., EST. You may fax your statement to (717)241-6878. Should you fail to provide this office with a written statement by 2 p.m. tomorrow, we will file an emergency petition for injunctive relief against your company in the Court of Common Pleas of Cumberland County, Pennsylvania. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. yours, Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-03-'05 17:03 FAX NO.3. :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 150 10.03 17:01 814026331604 2 10.03 17:03 10.03 17:03 2 OK *** SUCCESSFUL TX NOTICE *** Romi>nger, Bayley 49L V V bare LAW OFP CE.q__. ------ 155 SoLrx-kx HANOVER STREET CARLISLE. PENNSYI..VANIA 1')013 Tel. (410) 241-6070 Fay. (717) 241.6896 - - Karl E. Ro:.tiraaer, paq- Mark F. H vley, Esq. Michael ]_ Where, Iwq_ James 1. Nelsoxa. Esq_ Michael O. Palermo. P.q. FROM: TO: ?-(SfF (G(rT)S N.ILFTtt?(-l?• ATTN: DATE: 107/3-/O?? FAX N6_: MESSAGE: No. of Pagers (including cover sheet) -9- If you do not receive the amount of pages stated eb,c, please contact us ixxatnadiaxely- All information centained in this fax is oonfidentiel end, privileged. leyou receive this fax in orror please cell 717-241-6070 ADVOCACY 6 ADVICE p ANSVV'ERS CERTIFICATE OF SERVICE AND NOW, this ?;- day of October, 2005, I, James I Nelson, Esquire, hereby certify that I have this day served the following person with copies of the foregoing Complaint at Equity and Petition for Preliminary Injunction, via process server: Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Globe Life & Accident Insurance Co Globe Life Center Oklahoma City, OK 73184. Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671. Veterans Life Insurance Company 20 Moores Road, Frazer, PA 19355 ROMINGER,13AYLEY & WHARE James 1. elson, Esquire AttornD No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Plaintiffs/Petitioners ?-? Can -r. .? ? } U' ;. _.?} 't??. ` ; ?.?. v - ;; r. c. ?J ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs/Petitioners v. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents IN RE: HEARING DATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY ORDER OF COURT AND NOW, this ? A day of October, 2005, hearing in the above- captioned matter is set for Monday, October 24, 2005, at 3:00 p.m. in Courtroom No. 1. By the Court, .4ames I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 For the Plaintiffs/Petitioners ,,Kenry Henson 1128 Mainsville Road Shippensburg, PA 17257 ,.Pfobe Life & Accident Insurance Co. Globe Life Center Oklahoma City, OK 73184 S 3 oy ,oK CID L,P6,ysicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671 iXeterans Life Insurance Company 20 Moores Road Frazer Road Frazer, PA 19355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - 99238 V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance : Co; Physicians Mutual & Life Insurance Company; : and Veterans Life Insurance Company, Defendants/Respondents PETITION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE AND HEARING AND NOW, this 5-b- day of October, 2005, come the Plaintiffs/Petitioners, the Estate of Agatha Haut and Paul H. Haut, Jr., by and through their attorneys, ROMINGER, BAYLEY & WHARF, and petition this Honorable Court for a preliminary injunction pursuant to Pa. R.C.P. 1531, and in support thereof aver the following: 1. Agatha Haut died at the age of 75 years, on September 24, 2005, after suffering from dementia for a period of several years. 2. Agatha Haut's address at the time of her death was 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Agatha Haut is survived by five children: Paul H. Haut, Jr., Linda Swaim, Henry Henson, Evelyn Gimbara, and Stephen B. Haut. 4. A Petition for Grant of Letters of Administration for the Estate of Agatha Haut was filed on October 3, 2005; the grant of said letters is pending the completion of an Oath of Subscribing Witness by Sally J. Winder, Esquire, the attorney who drafted and witnessed the signing of Mrs. Haut's Last Will and Testament. 5. Agatha Haut's Last Will and Testament appoints Paul H. Haut, Jr., her son, as the Executor of her Estate. 6. Petitioner Paul H. Haut, Jr., is an adult individual who resides at 57 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013. 7. Respondent Henry Henson is an adult individual who resides at 1128 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania 17257. 8. Respondent Globe Life & Accident Insurance Co (hereinafter "Globe") is a duly licensed insurance carrier with a place of business at Globe Life Center, Oklahoma City, Oklahoma 73184. 9. Respondent Globe has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 10. Agatha Haut was insured under a life insurance policy with Globe at the time of her death. 11. Respondent Physicians Mutual & Life Insurance Company (hereinafter "Physicians") is a duly licensed insurance carrier with a place of business at 2600 Dodge Street, Omaha, Nebraska 68131-2671. 12. Respondent Physicians has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 13. Agatha Haut was insured under a life insurance policy with Physicians at the time of her death. 14. Respondent Veterans Life Insurance Company (hereinafter "Veterans") is a duly licensed insurance carrier with a place of business at 20 Moores Road, Frazer, Pennsylvania 19355. 15. Respondent Veterans has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 16. Agatha Haut was insured under a life insurance policy with Veterans at the time of her death. 17. Plaintiffs believe and therefore aver that Respondent Henry Henson fraudulently obtained a power-of-attorney for his mother, Agatha Haut, and proceeded to utilize said document to facilitate activities contrary to the interests of the Haut Estate. 18. Plaintiffs believe and therefore aver that Respondent Henry Henson has misappropriated the Estate's money, assets, and property. 19. Plaintiffs believe and therefore aver that Respondent Henry Henson fraudulently and/or via the exertion of undue influence transferred title to Agatha Haut's property to himself. 20. Petitioner has filed a Complaint in Equity, requesting that this Honorable Court enjoin Respondent Henry Henson from spending or utilizing any of the funds or assets that he has already appropriated from the Haut Estate, and to enjoin Respondent Henry Henson from any taking any further action relating to the Estate and/or its assets. A copy of the Complaint is attached hereto as Exhibit A and incorporated herein by reference as if fully set forth herein. 21. The Petitioners are entitled to the relief requested for the following reasons: a. The Petitioners are threatened with immediate and irreparable harm given Respondent Henry Henson's past pattern of conduct, and present intent to defraud Petitioners, thereby unjustly enriching himself. b. In relation to the foregoing, immediate and irreparable injury will be sustained by Petitioners before a hearing can be held on Petitioners' motion for a preliminary injunction, in that Respondent Henry Henson is currently attempting to withdraw all or a portion of the deceased's proceeds on deposit; in that Respondent Henry Henson is attempting to acquire the deceased's life insurance proceeds; and in that Petitioners have reason to believe that Respondent Henry Henson will attempt to liquidate all assets to which he fraudulently acquired title, to include the deceased's residential property. c. The pressing necessity to avoid injurious consequences that cannot be repaired under any standard of compensation. d. Counsel for Plaintiffs has attempted to give notice, and received no reply, from the Respondent insurance companies. Copies of the letters that constitute said notice are attached hereto as Exhibit B and incorporated as if fully set forth herein. e. Under the attendant circumstances, the provision of advance notice to Respondent Henry Henson is a practical impossibility, insofar as Plaintiffs believe that any such notice would serve to expedite his efforts to liquidate the Estate's property. f The requested relief will serve to preserve the status quo which existed before the acts complained of in the complaint by restoring the last peaceable, noncontested status which preceded the controversy. WHEREFORE, Petitioner respectfully requests, pursuant to Pa. R.C.P. 1531(a), that a preliminary injunction forthwith be granted by this Court, prior to notice and hearing, in order to preserve the status quo until such time as this Court finally determines the rights of each party by: a. Enjoining Respondent Henry Henson from spending or utilizing any of the deceased's assets, no matter in what form, when acquired, or where situate; b. Enjoining Respondent Henry Henson from the receipt of any life insurance disbursements made on account of the death of Agatha Haut, by check or otherwise; c. Enjoining Respondent Globe from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; d. Enjoining Respondent Physicians from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; e. Enjoining Respondent Veterans from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; and, f Scheduling and holding a timely hearing, pursuant to Pa. R.C.P. 1531(d), pertaining to the continuance of such preliminary injunction. submitted, BAYLEY & WHARE Jame elson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle, PA 17013 Tel: (717)241-6070 Fax: (717)241-6878 Attorneys for Plaintiffs VERIFICATION I verify that I am the Plaintiff/Petitioner and that the statements made in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unswom falsification to authorities. Date: ?O-S vS? 60g? K Paul H. Haut, Jr. CERTIFICATE OF SERVICE AND NOW, this y day of October, 2005, I, James I Nelson, Esquire, hereby certify that I have this day served the following person with copies of the foregoing Complaint at Equity and Petition for Preliminary Injunction, via process server: Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 The following Defendants/Respondents were served the same via first class, United States Mail, postage pre-paid, addressed as follows: Globe Life & Accident Insurance Co Globe Life Center Oklahoma City, OK 73184. Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671. Veterans Life Insurance Company 20 Moores Road, Frazer, PA 19355 YLEY & WFIARE Ja Nelson, Esquire ttomey No. 91144 u Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Plaintiffs/Petitioners Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance : Co; Physicians Mutual & Life Insurance Company; : and Veterans Life Insurance Company, Defendants /Respondents NOTICE TO DEFEND 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION 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 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance : Co; Physicians Mutual & Life Insurance Company; : and Veterans Life Insurance Company, Defendants/Respondents COMPLAINT AND NOW, this 5 day of October, 2005, come the Plaintiffs/Petitioners, the Estate of Agatha Haut and Paul H. Haut, Jr., by and through their attorneys, ROMINGER, BAYLEY & WHARE, and hereby file this Complaint in Equity, and in support thereof aver the following: 1. Agatha Haut died at the age of 75 years, on September 24, 2005, after suffering from dementia for a period of several years. 2. Agatha Haut's address at the time of her death was 537 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Agatha Haut is survived by five children: Paul H. Haut, Jr., Linda Swaim, Henry Henson, Evelyn Gimbara, and Stephen B. Haut. 4. A Petition for Grant of Letters of Administration for the Estate of Agatha Haut was filed on October 3, 2005; the grant of said letters is pending the completion of an Oath of Subscribing Witness by Sally J. Winder, Esquire, the attorney who drafted and witnessed the signing of Mrs. Haut's Last Will and Testament. 5. Agatha Haut's Last Will and Testament appoints Paul H. Haut, Jr., her son, as the Executor of her Estate. 6. Plaintiff Paul H. Haut, Jr., is an adult individual who resides at 57 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013. 7. Defendant Henry Henson is an adult individual who resides at 1128 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania 17257. 8. Defendant Globe Life & Accident Insurance Co (hereinafter "Globe") is a duly licensed insurance carrier with a place of business at Globe Life Center, Oklahoma City, Oklahoma 73184. 9. Defendant Globe has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 10. Agatha Haut was insured under a life insurance policy with Globe at the time of her death. 11. Defendant Physicians Mutual & Life Insurance Company (hereinafter "Physicians") is a duly licensed insurance carrier with a place of business at 2600 Dodge Street, Omaha, Nebraska 68131-2671. 12. Defendant Physicians has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 13. Agatha Haut was insured under a life insurance policy with Physicians at the time of her death. 14. Defendant Veterans Life Insurance Company (hereinafter "Veterans") is a duly licensed insurance carrier with a place of business at 20 Moores Road, Frazer, Pennsylvania 19355. 15. Defendant Veterans has engaged in, and continues to engage in, a continuous and substantial course of business within the Commonwealth of Pennsylvania. 16. Agatha Haut was insured under a life insurance policy with Veterans at the time of her death. 17. Plaintiffs believe and therefore aver that Defendant Henry Henson fraudulently obtained a power-of-attorney for his mother, Agatha Haut , and proceeded to utilize said document to facilitate activities contrary to the interests of Agatha Haut. 18. Plaintiffs believe and therefore aver that Defendant Henry Henson has misappropriated the Estate's money, assets, and property. 19. Plaintiffs believe and therefore aver that Defendant Henry Henson will attempt to have the above-referenced life-insurance policies wrongfully paid out to himself. 20. Plaintiffs believe and therefore aver that Defendant Henry Henson fraudulently and/or via the exertion of undue influence transferred title to Agatha Haut's property to himself. 21. Plaintiffs believe and therefore aver that Defendant Henry Henson intends to liquidate the remaining assets of the estate and, too, that he will liquidate the assets to which he fraudulently acquired title, to include real property. 22. The Plaintiffs are entitled to the relief requested for the following reasons: a. The Plaintiffs are threatened with permanent and irreparable harm given Respondent Henry Henson's past pattern of conduct, and present clear intent to defraud Plaintiffs, thereby unjustly enriching himself; and b. Plaintiffs do not have an adequate remedy at law. WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant the following relief: a. Permanently enjoining Defendant Henry Henson from spending or utilizing any of the estate's assets which he wrongfully acquired, no matter in what form, when acquired, or where situate; b. Permanently enjoining Defendant Henry Henson from receiving any life insurance disbursements made on account of the death of Agatha Haut, by check or otherwise; c. Permanently enjoining Defendant Globe from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individuai, absent the Court's leave; d. Permanently enjoining Defendant Physicians from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; e. Permanently enjoining Defendant Veterans from making any benefit payment related to a policy concerning Agatha Haut, to Henry Henson or any other individual, absent the Court's leave; f Order Defendant Henry Henson to return to and/or reimburse the Estate of Agatha Haut all money, assets, and property wrongfully appropriated, or the value thereof; and g. Awarding any such other relief as the Court deems appropriate to include costs and reasonable attorney fees. Respectfully BAYLEY & WHARE J'5rnes Nelson, Esquire D. No. 91144 155 South Hanover Street Carlisle, PA 17013 Tel: (717)241-6070 Fax: (717)241-6878 Attorneys for Plaintiffs VERIFICATION I verify that I am the Plaintiff/Petitioner and that the statements made in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unswom falsification to authorities. Date: 6z??? Paul' R. Haut, Jr. CERTIFICATE OF SERVICE AND NOW, this ?- day of October, 2005, I, James I Nelson, Esquire, hereby certify that I have this day served the following person with copies of the foregoing Complaint at Equity and Petition for Preliminary Injunction, via process server: Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Globe Life & Accident Insurance Co Globe Life Center Oklahoma City, OK 73184. Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671. Veterans Life Insurance Company 20 Moores Road, Frazer, PA 19355 ROMINGER, BAYLEY & W14ARE ames .. elson, Esquire Attorney ID No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Plaintiffs/Petitioners Exhibit "B" ROMINGER, BAYLEY & WHARF Attorneys at Law Karl E. Rominger James I. Nelson. Mark F. Bayley Michael J. Whare October 5, 2005 Via Facsimile Only to (610)648-5364 Veterans Life Insurance Company Attn: POS Valley Forge, PA 19493 Re: Policy Number 400YT55570 Insured: Agatha Haut Dear Madam; dear Sir: Michael O. Palermo, Jr This correspondence comes as a follow-up to the letter which I sent to you yesterday. A correction: the particular son of Mrs. Haut who is suspected of fraudulent activity is Henry Henson, not Stephen Haut. Accordingly, we ask that you refrain from making any benefit payment to Henry Henson, or to any other person. Please acknowledge your understanding and willingness to abide by this request in writing by the close of business today. You may fax your statement to (717) 214-6878. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. Ve y yours, Jam I. Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 - Fax: (717) 24i-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-05-'05 14:59 FAX NO.1 :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 189 10.05 14:59 R6106485364 1 10.05 14:59 10.05 14:59 1 OK *** SUCCESSFUL TX NOTICE *** ROMINGER, BAYLEY 8L WHARE A t t o r n e y s at L a w Karl E. Rominger Mark F. Daylcy Michael J. Whore October 5, 2005 James I. Nelson Michael O: Palermo, Jr Veterans Lifc Irssurance Company Aim: POS Valley Forge, PA 19493 Ae: Policy Number 4 O0 5.5570 Itasurcd: Agatha Haut Dear Madam; dear Sir This correspondence Cornea as a follow-up to tiia letter which I sent to you yesterday. A cotzeCtion: the pa..:.-.aes son of Mrs. Haut who is suspected of fraudulent activity is Henry Henson, not Stephan Haut. Accordingly, we ask that you refrain from making any bcn rxt payment to Haziry Henson, or to any other person. ..Please-aeldatitVledge yGivr'uriderdtaitiditia- aiia -- iui -- ads to abide by this re4uesr writing by the. c3osG of business today You may fax your statement co (717) 214-6878. Your immediate attention to this matt r is greatly appreci re,i. Should you haves any Questions dO ..t ktcaitate t0 COrlt.C OYr Off Va ly yours, Tam I. Nelson 155 South MA"4o ' StrGeq Carliela, Pennaylvaaia 17013 -Tal: (717) 241-6090 • Pax: (717) 241-6"9 www.romittgarlaw.nom ADVOCACY ADVICE ANSWERS ROMINGER, BAYLEY & WHARF Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 4, 2005 Via Facsimile Only to (402)633-1604-1604 Physician's Mutual Insurance & Life Company 2600 Dodge Street Omaha, NE 68131-2671 Re: Policy Number 082-835-063 Insured: Agatha Haut Dear Madam; dear Sir- This correspondence comes as a follow-up to the letter which I sent to you yesterday. A correction: the particular son of Mrs. Haut who is suspected of fraudulent activity is Henry Henson, not Stephen Haut. Accordingly, we ask that your company refrain from making any benefit payment to Henry Henson, or to any other person. Please acknowledge your understanding and willingness to abide by this request in writing by the close of business today. You may fax your statement to (717) 214-6878. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-04-'05 15:02 FAX NO.1 :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 173 10.04 15:00 S 14026331604 1 10.04 15:02 10.04 15:02 1 OF *** SUCCESSFUL TX NOTICE ROMINGER, BAYLEY Sc WHARE A[ i o r n e y s a c L a w X.1 E. Rorruinger Mark fl. Bayley Michael J. Whare Oc-tpber 4, 2005 Via ?,,,lruil, C?ul, t, C4021633-1604 Phys9ci -s Mutual Insurance Bt Life Company 2600 Dodge Street Omaha, WE 68131-2671 James I. Nelson Michael O. Palermo, Jr Ite: Policy Number 082-835-063 Insured: Agatha Haul Dear Madam; dear Sir: 2 kUs cerrespondence comes as a follow-up to the letter which I sent to ynu yesterday. A coaection: the particular son of Mrs. Haut who is suspected of fraudulent activity is Meru, Hemgx rr, nor Stephen Haut. Accordingly, we aslt that your company refrain from rnakicag arty beuefit payrueruT to Hcr Henson, or to any of person. Please acWrowledge your understarading astd wmui aea9 to abide by this requesT in wririug by the closc eFbusirless today. You may fax your statement to <717) 214-6878. Your immedia[e attention to this matter is greatly appreciated. Should you have any questions do n6t hesitate to contact our t,mt e. Very tr y ours. ame Nelson 155 South Hanover Sr? . Carlislq Pennsylvania 17013 • Tel: (717) 241-6090 -Fax: (7] 9j 241-6878 ...ww.rom,naerlaw.mm ADVOCACY ? ADVICE - ANSVr/E RS ROMINGER, BAYLEY & WHARE Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 4, 2005 Via Facsimile Only to (405)270-1467 Globe Life & Accident Insurance Co Attn: Richard H. Globe Life Center Oklahoma City, OK 73184 Re: Policy Number 0OA046490 Insured: Agatha Haut Dear Madam; dear Sir: This correspondence comes as a follow-up to the letter which I sent to you yesterday. A correction: the particular son of Mrs. Haut who is suspected of fraudulent activity is Henry Henson, not Stephen Haut. Accordingly, we ask that you refrain from making any benefit payment to Henry Henson, or to any other person. Please acknowledge your understanding and willingness to abide by this request in writing by the close of business today. You may fax your statement to (717) 214-6878. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. Ve truly ours, am I. Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-04-'05 15:01 FAX NO.1 :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. 172 DATE 10.04 15:00 TO 0 140527 01467 DOCUMENT PAGES 1 START TIME 10.04 15:01 END TIME 10.04 15:01 PAGES SENT 1 STATUS OF *** SUCCESSFUL TX NOTICE ROMINGER, BAYLEY 8L WHARE Attorneys at L .w Karl E. Rominger Mark P. Bayley Michael J. Where October 4, 2005 Globe Life Bt Accident Insurance Co A Glob blt e Richard . Cent ?lfa ter Oklahoma City. OK 73184 James I. Nclsotr Michael O. Palermo, Jr Re: Policy Number 00A046490 I..a: Agatha Haut Dear Madam; dear Sir: This cos sporrdence conics as a follow-up to the letter which I sent to you yesterday- - mrreccioa: the particular son of Mrs. E3aut who is suspected of fraudulent act ry is m..-.. uan...., not Stephen Haux. Accordingly, we ask that you refrain from making any benefir payment to Henry Henson, or to any other peraon. Ptease acknowledge your understanding and willingness to abide by this request in writing by the close ofbusirress today. You may fax your statement to (717) 214-6878_ Your imxnedfste arrention to this matter is greatly appreciated. Sbould you have any questions do not hesitate to contact our office. Ve truly urs, am I. Nelson 155 Soweh Hanover Street, Carlisle, Pennsylvania 17013 - Tal: (717) 241-6070 - Faz: (717) 241.6978 www.romingerlaw.com ADVOCACY - ADVICE - ANSWERS ROMINGER, BAYLEY & WHARF Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 3, 2005 Via Facsimile Only to (610)648-5364 Veterans Life Insurance Company Attn: POS Valley Forge, PA 19493 Re: Policy Number 400YT55570 Insured: Agatha Haut Dear Madam; dear Sir: Please be advised that this law firm represents the Estate of Agatha Haut. Mrs. Haut died on September 24, 2005. Serious concerns have arisen regarding the propriety of certain actions taken by Mrs. Haut's son, Stephen B. Haut, prior to her death. Said actions include the possible fraudulent acquisition of a power-of-attomey and the exertion of undue influence with regard to property conveyances. We anticipate commencing litigation regarding this matter within the next week. In the interim, we hereby seek your company's agreement to withhold from the payout to any beneficiary - particularly Stephen B. Haut and Patti L. Haut - on Mrs. Haut's policy. Further, please acknowledge your understanding and willingness to abide by this request in writing by 2 p.m., EST. You may fax your statement to (717)241-6878. Should you fail to provide this office with a written statement by 2 p.m. tomorrow, we will file an emergency petition for injunctive relief against your company in the Court of Common Pleas of Cumberland County, Pennsylvania. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. I very qut yours, Ja s I. Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-03-'05 17:01 FAX NO.1 :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. 149 DATE 10.03 16 :58 TO : 8 16106485364 DOCUMENT PAGES 2 START TIME 10.03 17: 00 END TIME 10.03 17: 01 PAGES SENT 2 STATUS OK *** SUCCESSFUL TX NOTICE *** Rornizzger, Bayley 8z Whare LAW OFPICEB----- -------- _ iS5 SOLI'I'H HANOVER STREET CARLISLE, PENNSYLVANIA 1']013 TcL- (717) 241-6070 Fax. (717) 241-6878 Karl £_ Romittaer. Esq. Mark F. Bavkv. E.q. Mie6a¢t j. Wltaro. E.q- Jam¢s I. N¢]nor.. Eaq_ Mt<ltael O. Pal¢rmo. Eaq. FROM: v=c.2? l?-l?l -"+MJ TOe (I`E'e?A..)s LeG? ATTN: DATE: [O/s1 /off' FAX NO.: 4(O - (®4B - ?r•.3(o 4- MESSAGE: No. o£ Pages [including cover sheet) ;Z- If you do not receive the amount or pages stated above, please cot to t us immediately. A11 imfEo atiaa contained in this £ax is conRdential and privilegca. 1£you receive this fax in actor please call 717_241-6070 ADVOCACY ? ADVICE O ANSWERS ROMINGER, BAYLEY & WHARE Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 3, 2005 Via Facsimile Onlv to (405)270-1467 Globe Life & Accident Insurance Co Attn: Richard H. Globe Life Center Oklahoma City, OK 73184 Re: Policy Number 0OA046490 Insured: Agatha Haut Dear Madam; dear Sir Please be advised that this law firm represents the Estate of Agatha Haut. Mrs. Haut died on September 24, 2005. Serious concerns have arisen regarding the propriety of certain actions taken by Mrs. Haut's son, Stephen B. Haut, prior to her death. Said actions include the possible fraudulent acquisition of a power-of-attorney and the exertion of undue influence with regard to property conveyances. We anticipate commencing litigation regarding this matter within the next week. In the interim, we hereby seek your company's agreement to withhold from the payout to any beneficiary - particularly Stephen B. Haut - on Mrs. Haut's policy. Further, please acknowledge your understanding and willingness to abide by this request in writing by 2 p.m., EST. You may fax your statement to (717)241-6878. Should you fail to provide this office with a written statement by 2 p.m. tomorrow, we will file an emergency petition for injunctive relief against your company in the Court of Common Pleas of Cumberland County, Pennsylvania. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. Very truIJ yours, 1. Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-03-'05 17:05 FAX NO.1 :7172416878 NAME :ROMINGER,BAYLEY,WHAR FILE NO. 151 DATE 10.03 17: 04 TO : 814052701467 DOCUMENT PAGES 2 START TIME 10.03 17: 04 END TIME 10.03 17: 05 PAGES SENT 2 STATUS OK *** SUCCESSFUL TX NOTICE *** Rominger, Bayley 6z Whore LAW OFFICES _ _?_____ 155 SOUTH HANOVER STREET CARLISLE. PENNSY"(_VANIA 17013 Tel. (717) 241-6070 F., (717) 241-6878 misree l Karl E. Romirrger. Esq. Marls F. Havlev. Esq. Michael 1. What.. Esq_ Jsmea I. Nelsoq Fsq_ Micha®1 O. Pnl?rirao. Esq_ FROM: TO. (iI?-C DATE: t O/3/oS-' FAX NO.: C?1oS7 Z-'7O • (4! 7 MESSAGE. (iE-Tt?It-- ?a??5 _ No. of Pages (including cover sheet) ?? If you do not receive the amount or pages stated above. Please c ntact us i ediately. All information ---tax--6 in this fax is confidential and privileged?r?r If you receive this f in error please call 717-241-6070 ADVOCACY p qD VICE 0 ANSWERS ROMINGER, BAYLEY & WHARF Attorneys at Law Karl E. Rominger James I. Nelson Mark F. Bayley Michael O. Palermo, Jr Michael J. Whare October 3, 2005 Via Facsimile Only to (402)633-1604 Physician's Mutual Insurance & Life Company 2600 Dodge Street Omaha, NE 68131-2671 Re: Policy Number 082-835-063 Insured: Agatha Haut Dear Madam; dear Sir Please be advised that this law firm represents the Estate of Agatha Haut. Mrs. Haut died on September 24, 2005. Serious concerns have arisen regarding the propriety of certain actions taken by Mrs. Haut's son, Stephen B. Haut, prior to her death. Said actions include the possible fraudulent acquisition of a power-of-attorney and the exertion of undue influence with regard to property conveyances. We anticipate commencing litigation regarding this matter within the next week. In the interim, we hereby seek your company's agreement to withhold from the payout to any beneficiary - particularly Stephen B. Haut and Patti L. Haut - on Mrs. Haut's policy. Further, please acknowledge your understanding and willingness to abide by this request in writing by 2 p.m., EST. You may fax your statement to (717)241-6878. Should you fail to provide this office with a written statement by 2 p.m. tomorrow, we will file an emergency petition for injunctive relief against your company in the Court of Common Pleas of Cumberland County, Pennsylvania. Your immediate attention to this matter is greatly appreciated. Should you have any questions do not hesitate to contact our office. , yours, Nelson 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY • ADVICE • ANSWERS MEMORY TRANSMISSION REPORT TIME :10-03-'05 17:03 FAX NO.1 :7172416878 NAME :ROMINGER,BAYLEY,WMAR FILE NO. 150 DATE 10.03 17: 01 TO : 8 14026331604 DOCUMENT PAGES 2 START TIME 10.03 17: 03 END TIME 10.03 17: 03 PAGES SENT 2 STATUS OF *** SUCCESSFUL TX NOTICE *** Rominger, Bayley 6z Whare LAW OFPICES _._.. 155 SOLD-I-H HANOVER STREET CARLISLE, PENNSYLVANIA 1'1013 Tel: (717) 241-6090 Fax_ (717) 241-6878 ?.r Karl E. Romin¢m, Pwq. Mark F. Bayley, Esq. Michael 7. WLu:e, Esq. James I_ Ncbon, Eaq- Michael O. Palermo, Ecq. FROM: J - ? ?? cur-r-tu?t-l.- ATTN: DATE: FAX NO.: C4<:>20 11v04- MESSAGE: I?TT?-- ? ??)e+ - - - No- o£ Pages (including cover sheet) 2? If you do not receive the amount o£ pages stated abnve. please contact us hnmediatoly- All information contained in this fax is oon£ndential and prwileged- If you receive this fax in error please call 717-241-6070 ADVOCACY O ADVICE A ANSWERS CERTIFICATE OF SERVICE AND NOW, this 'ate day of October, 2005, I, James I Nelson, Esquire, hereby certify that I have this day served the following person with copies of the foregoing Complaint at Equity and Petition for Preliminary Injunction, via process server: Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Globe Life & Accident Insurance Co Globe Life Center Oklahoma City, OK 73184. Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671. Veterans Life Insurance Company 20 Moores Road, Frazer, PA 19355 ROMINGER:?AYLEY & WHARE c Jvmlg?sL elson, Esquire `Attorne D No. 91144 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Plaintiffs/Petitioners n _ _ ' ? -o , . `, i ` ;?? a `. -., _ , :{ _, ? J a ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE: CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, And VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 05-5238 CIVIL TERM IN RE: PETITION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE AND HEARING ORDER OF COURT AND NOW, this 19th day of October, 2005, upon consideration of the attached letters from James I. Nelson, Esq., attorney for Plaintiffs, and from Jered L. Hock, Esq., the hearing previously scheduled in the above matter for October 24, 2005, is rescheduled to Monday, October 28, 2005, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. esley Oler, r., J. ,1ames I. Nelson, Esq. 155 South Hanover Street Carlisle, PA 17013 1-7 Attorney for Plaintiffs Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Defendant, pro se obe Life &: Accident Insurance Co. Globe Life Center Oklahoma City, OK 73184 Defendant, pro se physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671 Defendant, pro se VV/eterans Life Insurance Company 20 Moores Road Frazer, PA 19355 Defendant, pro se Courtesy Copy: ;/ared L. Hock, Esq. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 :rc 10-18-'05 15;04 FROM-ROMINGER,BAYLEY,WHAR 7172416878 T-564 P002/002 F-337 ROMTNGER., BAYLEY & WHARF Attorneys at Law Karl F. Rominger Mark F. Bayley Michael J. Whare October 1$, 2005 Via Facs ile Onl to 71 240-:6462 The Honorable Judge W. Oler Attn: Ms. Ruth Coulson Court of Common Pleas of Cumberland County, Pennsylvania One Courthouse Square Carlisle, PA 17013 James I. Nelson Michael O. Palermo, Jr Re. fistte of Agatha Haut, and Path H Haut, Jr? v_ Henry Hensnn.. et aI. No. 2005 -,.5739 Civil Action - Equity Dear Judge Ole-r: Counsel for Henry flenson, Jared L. Hock, Esquire, has sought my cune:urzrac:e to. continue the hearing on Plaintiffs' Petition for Preliminary Injunction, presently scheduled for October 24, 2005. I have agreed to do so. Accordingly, I would respectfully request that said hearing be continued to a date at least two creeks later than that currently scheduled. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me Very. truly BAYLEY & WHARE am I. Nelson CC' -Tared T.. Rork, Esquire (via facsimile) 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel. (717) 211-6070. Fax: (717) 241-6878 www.ramingerlaw.com ADvbCACY • ADVICE - ANSWERS 10/18/2005 16:28 FAR 7172349478 October 18, 2005 Yia Facsimile MWK&E HGB PA Chambers of The Hon. J. Wesley Oler Jr_, Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Ruth Re: Haut v. Henson, et al. No. 2005-523N Cavil Action -Equity Dear Ruth: Z002 3211 North Front Street F0. Box 5300 Harrisburg, FA 1711 [1-0300 717-23"187 Fax: 717-234-9478 01-hor nffiral; Colonial Park Lancaster 717-652-7020 717431-0138 Mechanicsburg Millersburg 717-691-5577 717692-5810 lihippensburb York 717-53&-7515 717-843-05112 Provided herewith is my letterhead for your use in faxing a copy of the anticipated Order relating to a rescheduling of the hearing for the week of November 29, as per conference of Mr. Nelson and me with you_ If I need to provide anything further, I respectfully await word from you_ Thank you very much. Very truly yours, GER, WICKERSHAM, KNAUSS & ERB, P_C_ Jered L. Hoch JLIIlamm 338901-1 tamer F. C.lrl Edward E. Knauss, N` Jered L_ Hock Steven P. Miner Clark DeVere Franrig j 1 .afforry, TV David H. Martineau Andrew W Nortleet `Board Cerhfe4l 0; dui( triol fam orid odrauccy fry fhe Nalimml Board nF7i4a1 Adrxv aru ESTATE OF AGATHA R. HAUT And PAUL H. HAUT, JR., Individually, Plaintiffs/Petitioners V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY ANSWER OF DEFENDANT GLOBE LIFE AND ACCIDENT INSURANCE COMPANY TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE AND HEARING Defendant, Globe Life and Accident Insurance Company ("Globe"), by its attorneys, Kirkpatrick & Lockhart Nicholson Graham LLP, answers the motion for preliminary injunction filed by Plaintiffs the Estate of Agatha R. Haut and Paul H. Haut, Jr., as follows: 1. Denied as stated. Globe admits that is in possession of a Certificate of Death for Agatha Haut issued by the Commonwealth of Pennsylvania, Department of Health, a document that speaks for itself. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the remaing allegations of this paragraph and, therefore, the allegations are denied. 2. After reasonable investigation, Globe is without sufficient knowledge or information to fonn a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 3. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 4. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 5. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 6. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 7. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 8. Admitted. 9. Denied as stated. Globe admits that it has engaged in, and continues to engage in, business within the Commonwealth of Pennsylvania. Whether Globe's business within the Commonwealth is a "continuous and substantial" course of business is a legal conclusion to which no response is required. 10. Denied as stated. Globe admits that Agatha Haut was issued a life insurance policy by Globe bearing certificate number 00-A046490. The insurance policy is a document that speaks for itself and, therefore, the remaining allegations of this paragraph, which constitute Plaintiffs' characterizations of the policy, are denied. It. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 12. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 2 13. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 14. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 15. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 16. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 17. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 18. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 19. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 20. Denied as stated. It is admitted that Plaintiffs filed a complaint with this Court on October 5, 2005. The complaint is a document that speaks for itself and any characterizations are denied. It is specifically denied that the Plaintiffs are entitled to any relief, equitable or otherwise, from Globe. 21. a. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may 3 be deemed to contain any averments of fact, after reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. b. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. C. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. d. Denied as stated. It is admitted that copies of two letters sent by Plaintiffs' attorney to Globe are included in Exhibit B to the motion. Any characterizations of the letters are denied. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the remaining allegations of this paragraph and, therefore, the allegations are denied. e. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 4 WHEREFORE, Globe respectfully requests that the Court enter an order denying Plaintiffs' motion for a preliminary injunction. Respectfully submitted, Dated: October 24, 2005 Carleton O. Strouss Pa. Id. No. 25994 Christopher R. Nestor Pa. Id. No. 82400 Kirkpatrick & Lockhart Nicholson Graham LLP 17 North Second Street Harrisburg, PA 17101-1507 (717) 231-4500 (tel.) (717) 231-4510 (fax) Attorneys for Defendant, Globe Life And Accident Insurance Company 5 VERIFICATION I hereby depose and state that the facts set forth in the foregoing Answer to Plaintiffs Motion for Preliminary Injunction are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Date:0 GTtl)?,JfC -,)Zl Doos ?/Y 1 to /O?y J?yr Name: Ano.S}GSio, peaer5or-? Title: A9S%S-karA &,,.L,,cA CounUC . CERTIFICATE OF SERVICE I hereby certify that on October 24, 2005, I served a true and correct copy of the foregoing document on the following individuals by United States mail, postage prepaid, addressed as follows: James I. Nelson, Esq. Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671 Veterans Life Insurance Company 20 Moores Road Frazer, PA 19355 C"? -- hristopher R. Nestor P'?? ?? ? _? ,,,? 1 Cap ESTATE OF AGATHA R. HAUT And PAUL H. HAUT, JR., Individually, Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5238 CIVIL ACTION - EQUITY V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents. TO: Plaintiffs, Estate of Agatha R. Haut and Paul H. Haut, Jr. NOTICE TO PLEAD You are hereby notified to file a written response to the New Matter of Defendant Globe Life And Accident Insurance Company within twenty (20) days from service hereof or judgment maybe entered against you. Respectfully submitted, Dated: October 24, 2005 Carleton O. Strouss Pa. Id. No. 25994 Christopher R. Nestor Pa. Id. No. 82400 Kirkpatrick & Lockhart Nicholson Graham LLP 17 North Second Street Harrisburg, PA 17101-1507 (717) 231-4500 (tel.) (717) 231-4510 (fax) Attorneys for Defendant, Globe Life And Accident Insurance Company ESTATE OF AGATHA R. HAUT And PAUL H. HAUT, JR., Individually, Plaintiffs/Petitioners V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY ANSWER AND NEW MATTER OF DEFENDANT GLOBE LIFE AND ACCIDENT INSURANCE COMPANY Defendant, Globe Life and Accident Insurance Company ("Globe"), by its attorneys, Kirkpatrick & Lockhart Nicholson Graham LLP, submits its answer to the complaint filed by Plaintiffs the Estate of Agatha R. Haut and Paul H. Haut, Jr., with new matter. 1. Denied as stated. Globe admits that is in possession of a Certificate of Death for Agatha Haut issued by the Commonwealth of Pennsylvania, Department of Health, a document that speaks for itself. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the remaing allegations of this paragraph and, therefore, the allegations are denied. 2. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 3. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 4. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 5. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 6. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 7. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 8. Admitted. 9. Denied as stated. Globe admits that it has engaged in, and continues to engage in, business within the Commonwealth of Pennsylvania. Whether Globe's business within the Commonwealth is a "continuous and substantial" course of business is a legal conclusion to which no response is required. 10. Denied as stated. Globe admits that Agatha Haut was issued a life insurance policy by Globe bearing certificate number 00-A046490. The insurance policy is a document that speaks for itself and, therefore, the remaining allegations of this paragraph, which constitute Plaintiffs' characterizations of the policy, are denied. 11. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 12. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 2 13. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 14. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 15. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 16. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 17. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 18. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 19. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 20. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. 21. After reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied.. 3 22. a. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. b. This paragraph contains legal characterizations and conclusions of law to which no response is required. By way of further answer, and to the extent this paragraph may be deemed to contain any averments of fact, after reasonable investigation, Globe is without sufficient knowledge or information to form a belief as to the truth of the allegations of this paragraph and, therefore, the allegations are denied. WHEREFORE, Globe demands judgment in its favor along with costs of suit, attorneys' fees and such other relief as the Court deems appropriate. NEW MATTER 23. The complaint, or some part of it, fails to state a claim or cause of action against Globe upon which relief can be granted. 24. Plaintiffs do not possess the right to commence or maintain any claims against Globe. 25. Any alleged acts or omissions of Globe were justified or privileged. 26. Plaintiffs have failed to satisfy all conditions precedent to the institution of a suit against Globe. 27. Plaintiffs have not suffered any legally cognizable injury or damages as a result of Globe's alleged acts or omissions. 28. The complaint, or some part of it, is barred by the doctrine of laches. 29. The complaint, or some part of it, is barred by the applicable statute of limitations. 30. The complaint fails to state a claim sufficient to support an award of attomey's fees. 4 31, Any injury, damage or loss sustained by Plaintiffs was caused by the acts or omissions of Plaintiffs or third parties over whom Globe had no direction or control, and not as a result of any acts or omissions of Globe. WHEREFORE, Globe demands judgment in its favor along with costs of suit, attorneys' fees and such other relief as the Court deems appropriate. Respectfully submitted, Dated: October 24, 2005 Carleton O. Strouss Pa. Id. No. 25994 Christopher R. Nestor Pa. Id. No. 82400 Kirkpatrick & Lockhart Nicholson Graham LLP 17 North Second Street Harrisburg, PA 17101-1507 (717) 231-4500 (tel.) (717) 231-4510 (fax) Attorneys for Defendant, Globe Life And Accident Insurance Company 5 VERIFICATION I hereby depose and state that the facts set forth in the foregoing Answer and New Matter of Defendant Globe Life And Accident Insurance Company are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsifications to authorities. Date: OCAD,Uy QO,XO ` i??P+ e ?n V' !! (y?2Anm? Name: Rr?GS?GSi0. Ye&rwri Title: l?SS15Fox 1 &e A-a\ CUkn.-Gl CERTIFICATE OF SERVICE I hereby certify that on October 24, 2005, 1 served a true and correct copy of the foregoing document on the following individuals by United States mail, postage prepaid, addressed as follows: James I. Nelson, Esq. Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671 Veterans Life Insurance Company 20 Moores Road Frazer, PA 19355 Christopher R. Nes or 1' -? ?? 5\ i ESTATE OF AGATHA R. HAUT And PAUL H. HAUT, JR., Individually, Plaintiffs/Petitioners V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 : CIVIL ACTION - EQUITY ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant, Globe Life And Accident Insurance Company, in the above-captioned matter. Respectfully submitted, Dated: October 24, 2005 Carleton O. Strouss Pa. Id. No. 25994 Christopher R. Nestor Pa. Id. No. 82400 Kirkpatrick & Lockhart Nicholson Graham LLP 17 North Second Street Harrisburg, PA 17101-1507 (717) 231-4500 (tel.) (717) 231-4510 (fax) Attorneys for Defendant, Globe Life And Accident Insurance Company CERTIFICATE OF SERVICE I hereby certify that on October 24, 2005, I served a true and correct copy of the foregoing document on the following individuals by United States mail, postage prepaid, addressed as follows: James I. Nelson, Esq. Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671 Veterans Life Insurance Company 20 Moores Road Frazer, PA 19355 Christopher R. Nestor HA-165389 v 1 ' >?; ? _, .-, ESTATE OF AGATHA R. HAUT, and PAUL H. HAUT, JR. Individually, Plaintiffs/Petitioners V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter the appearance of Jayson R. Wolfgang and Stephen Moniak as counsel for Defendant Veterans Life Insurance Company in the above-captioned matter. BUCHANAN INGERSOLL PC By: ? yson R. Wolfgang, Esquire I.D. No. 62076 Stephen Moniak, Esquire I.D. No. 80035 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Defendant Veterans Life Insurance Company DATE: November 2, 2005 CERTIFICATE OF SERVICE I, Stephen Moniak, Esquire, certify that I am this day serving a copy of the foregoing document upon the persons below via first class mail which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as follows: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671 Carleton O. Strouss, Esquire Kirkpatrick & Lockhart Nicholson Graham, LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 By`--ep en Moniak, Esquire DATE: November 2, 2005 r 9n C.. cJ+ t ? N : I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - 5238 V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance Co; Physicians Mutual & Life Insurance Company; and Veterans Life Insurance Company, Defendants/Respondents PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT GLOBE LIFE & ACCIDENT INSURANCE CO. AND NOW, this 8th day of November, 2005, come the Plaintiffs, by and through their attorneys, Rominger, Bayley & Whare, and file the following Reply to New Matter of Defendant Globe Life & Accident Insurance Co., and in support thereof aver as follows: 23. The averments of Paragraph 23 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 23 are specifically denied and strict proof thereof is demanded at trial. 24. The averments of Paragraph 24 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 24 are specifically denied and strict proof thereof is demanded at trial. 25. The averments of Paragraph 25 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 25 are specifically denied and strict proof thereof is demanded at trial. 26. The averments of Paragraph 26 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 26 are specifically denied and strict proof thereof is demanded at trial. 27. The averments of Paragraph 27 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 27 are specifically denied and strict proof thereof is demanded at trial. 28. The averments of Paragraph 28 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 28 are specifically denied and strict proof thereof is demanded at trial. 29. The averments of Paragraph 29 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 29 are specifically denied and strict proof thereof is demanded at trial. 30. The averments of Paragraph 30 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 30 are specifically denied and strict proof thereof is demanded at trial. 31. The averments of Paragraph 31 are a conclusion of law to which no responsive pleading is required. If a more specific answer is deemed required, the averments of Paragraph 31 are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiffs request that this Honorable Court find in their favor and against Defendants, and grant the relief requested in Plaintiffs' Complaint. Submitted, BAYLEY & WHARE lames elson, Esquire Attorney I.D. No. 91144 155 South Hanover Street Carlisle, Pennsylvania 17013 Tel: (717) 241-6070 Fax: (717) 241-6878 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs/Petitioners No. 2005 - 5238 V. Civil Action - Equity Henry Henson; Globe Life & Accident Insurance Co; Physicians Mutual & Life Insurance Company; and Veterans Life Insurance Company, Defendants/Respondents CERTIFICATE OF SERVICE I, James I. Nelson, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Christopher R. Nestor, Esquire Kirkpatrick & Lockhart 17 North Second Street Harrisburg, PA 17101 - 1507 Jared L. Hock, Esquire Metzger Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 171 10 - 0300 Date: 11 18125- Stephen Moniak, Esquire Buchanan Ingersoll, P.C. P.O. Box 12023 Harrisburg, PA 17108 - 2023 William J. Birkel, Esquire McGrath North Mullen & Kratz, PC Suite 3700, First National Tower 1601 Dodge Street Omaha, NE 68102 Nelson, Esquire Rominger, Bayley & Whare 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorneys for Plaintiffs ?? ?=C1 ?7 G C ?? } ?f .. ? ??Z? ,1v} ??'1 `til / 4+ 1_ i?? !.?`, 11 ?, { .. ??.... C..) `Ly wi ( !7 ?a !' .J. ESTATE OF AGATHA R. HAUT, and PAUL H. HAUT, JR. Individually, Plaintiffs/Petitioners V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY NOTICE TO PLEAD TO: Estate of Agatha R. Haut, and Paul H. Haut, Jr., Individually c/o James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BUCHANAN INGERSOLL PC By. yson Wolfgang, Esquire LD. No. 62076 Stephen Moniak, Esquire I.D. No. 80035 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Defendant Veterans Life Insurance Company DATE: November 14, 2005 BUCHANAN INGERSOLL, P.C. BY: JAYSON R. WOLFGANG, ESQUIRE I.D. #: 62076 BY: STEPHEN MONIAK, ESQUIRE I.D. #: 80035 213 MARKET STREET HARRISBURG, PA 17101 (717) 237-4843 ESTATE OF AGATHA R. HAUT, and PAUL H. HAUT, JR. Individually, Plaintiffs/Petitioners V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents ATTORNEYS FOR DEFENDANT, VETERANS LIFE INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY ANSWER TO COMPLAINT WITH NEW MATTER OF DEFENDANT VETERANS LIFE INSURANCE COMPANY NOW COMES, Defendant Veterans Life Insurance Company ("Veterans Life"), by their attorneys, Buchanan Ingersoll PC, and files the within Answer to Complaint with New Matter, stating as follows: Admitted in part and denied in part. It is admitted only that the Agatha Haut died on September 24, 2005, as reflected in the Certificate of Death issued by the Commonwealth of Pennsylvania. As to whether Ms. Haut died "after suffering from dementia for a period of several years," after reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore, the same are denied. 2. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 3. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 4. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 6. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 2 9. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 10. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 11. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 12. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 13. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 14. Admitted. 15. Admitted in part and denied in part. It is admitted only that Veterans Life has engaged in, and continues to engage in, commerce within the Commonwealth of Pennsylvania. Whether Veterans Life's business within the Commonwealth is a "continuous and substantial" course of business is a legal conclusion to which no response is required. 16. Admitted with clarification. It is admitted only that Ms. Haut was insured under Veterans Life Insurance Policy No. 400MJ81207, which was in effect at the time of her death on September 25, 2005. By way of further answer, Ms. Haut was previously insured under Veterans Life Insurance Policy No. 400YT55570, but that Policy was not in effect, and had expired by its terms prior to the time of Ms. Haut's death. Specifically, the premium payment for May 15, 2003 was not received, and therefore, the cash value of the Policy was used to continue coverage under the extended term non-forfeiture option until December 8, 2004, the date the coverage expired when the cash value was exhausted. 17. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 18. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 19. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 20. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 21. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 22. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required, it is denied that Plaintiffs are entitled to any relief from Veterans Life. WHEREFORE, Defendant Veterans Life Insurance Company demands judgment in its favor and against Plaintiffs, together with costs of suit and such other relief as this Court deems appropriate. NEW MATTER 23. Veterans Life hereby incorporates paragraphs 1 through 22 of its Answer to the Complaint, as if fully set forth herein. 24. Plaintiffs have failed to state a claim upon which relief can be granted against Veterans Life. 25. Plaintiffs lack standing to pursue any claim against Veterans Life. 26. Plaintiffs lack the capacity to sue Veterans Life in this action. 27. Plaintiffs' claims are barred by the doctrine of waiver. 28. Any alleged acts or omissions of Veterans Life were justified or privileged. 29. Plaintiffs' claims are barred because they have failed to satisfy all conditions precedent to the institution of this lawsuit. 30. Plaintiffs have not suffered any legally cognizable injury or damages as the result of any conduct of Veterans Life. 31. Plaintiffs' claims are barred by the doctrine of laches. 32. Plaintiffs' claims are barred by the applicable statute of limitations. 33. Plaintiffs have failed to state a claim sufficient to support an award of attorney's fees. 34. Any injury, damages or loss sustained by Plaintiffs, which is denied, was caused by the acts or omissions of Plaintiffs or third parties over whom Veterans Life has no control, and not as the result of any conduct of Veterans Life. BUCHANAN INGERSOLL PC By: ayson R. Wolfgang, Esquire I.D. No. 62076 Stephen Moniak, Esquire I.D. No. 80035 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Defendant Veterans Life Insurance Company DATE: November 14, 2005 VERIFICATION I?ifcC+af a?ClaimS I, Ro z1,.o of Veterans Life Insurance Company, verify that the statements made in Defendant Veterans Life Insurance Company Answer to Complaint with New Matter, of which I have first-hand knowledge, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of I8 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: November /L 2005 CERTIFICATE OF SERVICE I, Stephen Moniak, Esquire, certify that I am this day serving a copy of the Answer to Complaint with New Matter of Defendant Veterans Life Insurance Company upon the persons below via first class mail which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as follows: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671 Christopher Nestor, Esquire Carleton O. Strouss, Esquire Kirkpatrick & Lockhart Nicholson Graham, LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 By tephen Moniak, Esquire DATE November 14, 2005 r?? 'n .? _r ?_ ?1F -i?a cam`, -. _ r. r'i ,_,? ki -: `? < BUCHANAN INGERSOLL, P.C. BY: JAYSON R. WOLFGANG, ESQUIRE I.D. #: 62076 BY: STEPHEN MONIAK, ESQUIRE I.D. #: 80035 213 MARKET STREET HARRISBURG, PA 17101 (717) 237-4843 ESTATE OF AGATHA R. HAUT, and PAUL H. HAUT, JR. Individually, Plaintiffs/Petitioners V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents ATTORNEYS FOR DEFENDANT, VETERANS LIFE INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY RESPONSE OF DEFENDANT VETERANS LIFE INSURANCE COMPANY TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION WITHOUT PRIOR WRITTEN NOTICE OR HEARING NOW COMES, Defendant Veterans Life Insurance Company ("Veterans Life"), by their attorneys, Buchanan Ingersoll PC, and files the within Response to Plaintiffs' Motion for Preliminary Injunction Without Prior Notice or Hearing, stating as follows: Admitted in part and denied in part. It is admitted only that the Agatha Haut died on September 24, 2005, as reflected in the Certificate of Death issued by the Commonwealth of Pennsylvania. As to whether Ms. Haut died "after suffering from dementia for a period of several years," after reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore, the same are denied. 2. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 4. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 5. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. After reasonable investigation, Veterans Life is without knowledge sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 2 9. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 10. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 11. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 12. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 13. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 14. Admitted. 15. Admitted in part and denied in part. It is admitted only that Veterans Life has engaged in, and continues to engage in, commerce within the Commonwealth of Pennsylvania. Whether Veterans Life's business within the Commonwealth is a "continuous and substantial" course of business is a legal conclusion to which no response is required. 16. Admitted with clarification. It is admitted only that Ms. Haut was insured under Veterans Life Insurance Policy No. 400MJ81207, which was in effect at the time of her death on September 25, 2005. By way of further answer, Ms. Haut was previously insured under Veterans Life Insurance Policy No. 400YT55570, but that Policy was not in effect, and had expired by its terms prior to the time of Ms. Haut's death. Specifically, the premium payment for May 15, 2003 was not received, and therefore, the cash value of the Policy was used to continue coverage under the extended term non-forfeiture option until December 8, 2004, the date the coverage expired when the cash value was exhausted. 17. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 18. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 19. After reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. 20. Admitted in part and denied in part. It is admitted only the Plaintiffs have filed a Complaint in this Court on or about October 5, 2005. The Complaint is a writing which speaks for itself, and any characterization thereof by Plaintiffs as to the nature or content thereof is denied. By way of further answer, it is denied that Plaintiffs are entitled to any relief, equitable or otherwise, from Veterans Life. The remaining averments in this paragraph are denied. 21.a.-c. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required, after reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. d. Admitted in part and denied in part. It is admitted only that Plaintiffs sent the letters addressed to Veterans Life attached as Exhibit "B" to the Petition. The letters are writings which speak for themselves, and any characterization by Plaintiffs as to the nature or contents thereof is denied. It is further denied that Plaintiffs "received no reply," as Veterans Life responded in writing on October 4, 2005 to Plaintiffs' inquiry. e.-f. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response is required, after reasonable investigation, Veterans Life is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and therefore, the same are denied. WHEREFORE, Defendant Veterans Life Insurance Company respectfully requests that this Court enter an Order denying Plaintiffs' Motion for Preliminary Injunction Without Prior Notice or Hearing. Respectfully submitted, BUCHANAN INGERSOLL PC By- son son R. Wol gang, Esquire I.D. No. 62076 Stephen Moniak, Esquire I.D. No. 80035 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Defendant Veterans Life Insurance Company DATE: November 14, 2005 CERTIFICATE OF SERVICE I, Stephen Moniak, Esquire, certify that I am this day serving a copy of the Response of Defendant Veterans Life Insurance Company to Plaintiff s Motion for Preliminary Injunction Without Prior Written Notice or Hearing upon the persons below via first class mail which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as follows: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Henry Henson 1128 Mainsville Road Shippensburg, PA 17257 Physicians Mutual & Life Insurance Company 2600 Dodge Street Omaha, NE 68131-2671 Christopher Nestor, Esquire Carleton O. Strouss, Esquire Kirkpatrick & Lockhart Nicholson Graham, LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 By: Si phen Moniak, Esquire DATE November 14, 2005 ?? (, ^,y ? ? ? . -fi " .-1 f ? ?i1 T ? ?- . '. : ) _._? l 1' i C.'t :) ly I ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 2005-5238 Enter the appearance of Metzger, Wickersham, Knauss & Erb, P.C., on behalf of Defendant Henry Henson, reserving all rights to plead. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ?f By Jere ock, Esquire PA Court I.D. No. 19211 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Henry Henson Date: November /712005 341448-1 AND NOW, this day of November, 2005, I, Jered L. Hock, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant Henry Henson, hereby certify that I served the foregoing Praecipe for Appearance this day by facsimile and by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 Christopher R. Nestor, Esquire Kirkpatrick & Lockhart 17 North Second Street Harrisburg, PA 17101 Stephen Moniak, Esquire Buchanan Ingersoll, P.C. P.O. Box 12023 Harrisburg, PA 17108 William J. Birkel, Esquire McGrath, North, Mullen & Kratz, P.C. First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 68102 By: eied L. Hock, Esquire 341448-1 ?? h) ?1 CJI (I ?\ -_r' ___ rf S'ri': ?.? I'? .. -J ` ?rl? s .?.? ?.'?} .J ^? ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 2005-5238 STIPULATION AND NOW, this W) day of November, 2005, it is hereby stipulated and agreed by and between the undersigned counsel for all parties as follows: The life insurance benefits relating to Agatha R. Haut from PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, if not already paid, shall, within twenty (20) days of the approval of this Stipulation by the Court, be paid to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania, on account of the funeral of Agatha R. Haut. 2. Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO. and VETERANS LIFE INSURANCE COMPANY, shall, within twenty (20) days of the approval of this Stipulation by the Court, pay into Court the full proceeds of any benefit payments whatsoever relating to those Defendants' respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, along with any post- mortem interest due under the terms of the policies or applicable law from the date of said decedent's death, September 24, 2005, through October 5, 2005, and with said proceeds and post- mortem interest to be deposited by the Prothonotary in an interest-bearing account or accounts, from 341701-t 341778-1;341831-1 which account or accounts the proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct. Upon the payment of sums as set forth above, Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO., VETERANS LIFE INSURANCE COMPANY, and PHYSICIANS MUTUAL AND LIFE INSURANCE COMPANY shall be discharged from all liability to any party or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case, and PAUL H. HAUT, JR., HENRY HENSON, and the ESTATE OF AGATHA R. HAUT and its personal representative(s) shall be discharged from all liability to the aforesaid three insurance companies relating to their claims against the said insurance companies in connection with the proceeds of the aforesaid life insurance on the life of Agatha R. Haut. The Court will be and is hereby requested to continue the proceeding previously scheduled for November 28, 2005. 5. This Stipulation may be executed in any number of counterparts, and signatures on separate pages may be read together to constitute one document. BAYLEY & WHARE By: kd5es elson, Esquire 155 Hanover Street Carlisle, PA 17013 341701-1341778-1;341831-1 11/22/2005 1743 FAX 7172337176 KIRKPATRICK&LOCKHART 16004/004 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP By: Christop r R. Nestor, Esquire 17 North Second Street, 18T11 MOOR Harrisburg, PA 17101 BUCHANAN INGERSOLL, P.C. By: Stephen Moniak, Esquire P.O. Box 12023 Harrisburg, PA 17108 MCGRATH, NORTH, MULLEN & KRATZ, P.C. By: William J. Birkel, Esquire First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 6810 By: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Jered L. Hock, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 341701.1341778.1;341831-1 NOU 22 2005 16:57 FR BUCHANAN INGERSOLL TO 917172416876 P.02 By: KIRKPATRICK & LOCKHART NELSON, GRAHAM LLP Christopher R. Nestor, Esquire 17 North Second Street, 18T" FLOOR Harrisburg, PA 17101 BUCHANAN INGERSOLL, P.C, By: Stephen Monia, Esquire 213 Market Street, 3rd Floor Harrisburg, PA 17101 By: By: MCGRATH, NORTH, MULLEN & KRATZ, P.C. William J. Birkel, Esquire First National Tower, Suite 3700 1601 Dodge Street Omaha NE 6810 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Jered L. Hock, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 341701.1 341778.1; 341831-1 NOV-22-2005 17:54 FROM- T-466 P.005/005 F-370 By: By: KIRKPATRICK & LOCKHART NELSON, GRAHAM LLP Christopher R. Nestor, Esquire 17 North Second Street, 18TH fLOOR Harrisburg, PA 17101 BUCHANAN INGERSOLL, P.C. Stephen Moniak, Esquire P.O. Box 12023 Harrisburg, PA 17108 & KRATZ, P.C. By: By: Wilbarfi.J. Bickel, Esquire First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 6810 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Jered L. Hock, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 341701.1:w1778-1;341831.1 11/29/2005 09:10 FAX 7172049478 MWK&E HGB PA (it 000 KIRKPATRICK & LOCKHART NELSON, GRAHAM LLP By: Christopher R. Nestor, Esquire 17 North Second Street, 18"" fLOOR Harrisburg, PA 17101 BUCHANAN INGERSOLL, P.C. By: Stephen Moniahc, Esquire P.O. Box 12023 Harrisburg, PA 17108 MCGRATH, NORTH, MULLEN & KRATZ, P.C. By- William J. Birkel, Esquire First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 6810 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Jered L. Hock, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 341701.1 341778-1;34183)-0 ,.> Cn _? ? ? ?- . " ,., > ?; ' ?.? ???? ? ; --, •• "?, ?? .? .-- ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- EQUITY NO. 2005-5238 ORDER AND NOW this 2 3_r_J day of November, 2005, upon the stipulation of counsel, it is hereby ORDERED as follows: The life insurance benefits relating to Agatha R. Haut from PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, if not already paid, shall, within twenty (20) days hereof, be paid to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania, on account of the funeral of Agatha R. Haut. 2. Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO. and VETERANS LIFE INSURANCE COMPANY, shall, within twenty (20) days hereof, pay into Court the full proceeds of any benefit payments whatsoever relating to those Defendants' respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, along with any post-mortem interest due under the terms of the policies or applicable law from the date of said decedent's death, September 24, 2005, through October 5, 2005, and with said proceeds and post-mortem interest to be deposited by the Prothonotary in an interest-bearing account or accounts, from which account or accounts the 341708-1 ?i ? proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct. 3. Upon the payment of sums as set forth above, Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO., VETERANS LIFE INSURANCE COMPANY. and PHYSICIANS MUTUAL AND LIFE INSURANCE COMPANY shall be discharged from all liability to any party or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case, and PAUL H. HAUT, JR., HENRY HENSON, and the ESTATE OF AGATHA R. HAUT and its personal representative(s) shall be discharged from all liability to the aforesaid three insurance companies relating to their claims against the said insurance companies in connection with the proceeds of the aforesaid life insurance on the life of Agatha R. Haut. 4. The hearing previously scheduled for November 28, 2005 is continued. By the Court, 7 J of - / J. esley Oler, Jr. J. 341708-1 ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-EQUITY NO. 2005-5238 ;v W c? 3 STIPULATION AND NOW, this W. day of November, 2005, it is hereby stipulated and agreed by and between the undersigned counsel for all parties as follows: The life insurance benefits relating to Agatha R. Haut from PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, if not already paid, shall, within twenty (20) days of the approval of this Stipulation by the Court, be paid to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania, on account of the funeral of Agatha R. Haut. 2. Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO. and VETERANS LIFE INSURANCE COMPANY, shall, within twenty (20) days of the approval of this Stipulation by the Court, pay into Court the full proceeds of any benefit payments whatsoever relating to those Defendants' respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, along with any post- mortem interest due under the terms of the policies or applicable law from the date of said decedent's death, September 24, 2005, through October 5, 2005, and with said proceeds and post- mortem interest to be deposited by the Prothonotary in an interest-bearing account or accounts, from 341701-1341778-1:341831-1 which account or accounts the proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct. 3. Upon the payment of sums as set forth above, Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO., VETERANS LIFE INSURANCE COMPANY, and PHYSICIANS MUTUAL AND LIFE INSURANCE COMPANY shall be discharged from all liability to any party or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case, and PAUL H. HAUT, JR., HENRY HENSON, and the ESTATE OF AGATHA R. HAUT and its personal representative(s) shall be discharged from all liability to the aforesaid three insurance companies relating to their claims against the said insurance companies in connection with the proceeds of the aforesaid life insurance on the life of Agatha R. Haut. 4. The Court will be and is hereby requested to continue the proceeding previously scheduled for November 28, 2005. 5. This Stipulation may be executed in any number of counterparts, and signatures on separate pages may be read together to constitute one document. BAYLEY & WHARE By: Janes elson, Esquire 15j5Dutft Hanover Street Carlisle, PA 17013 341701-1 341778-1.341831-t '11/22%2005 17:43 FAX 7172337176 KIR.KPATRICK&IOCKHART [6 004/004 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP By: Christop er R. Nestor, Esquire 17 North Second Street, 18TI1 MOOR Harrisburg, PA 17101 BUCHANAN INGERSOLL, P.C. By: Stephen Moniak, Esquire P.O. Box 12023 Harrisburg, PA 17108 MCGRATH, NORTH, MULLEN & KRATZ, P.C. By: William J. Birkel, Esquire First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 6810 By: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Jered L. Hock, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 341701.1 341778.1;341831-1 NOV 22 2005 16:S7 FR BIUCHANAN INGERSOLL TO 917172416376 P.02 KIRKPATRICK & LOCKHART NELSON, GRAHAM LLP By: Christopher R. Nestor, Esquire 17 North Second Street, 18TIl FLOOR Harrisburg, PA 17101 BUCHANAN INGERSOLL, P.C. By: ?Stephen Moru k, Esquire 213 Market Street, 3rd Floor Harrisburg, PA 17101 MCGRATH, NORTH, MULLEN & KRATZ, P.C. By: William J. Birkel, Esquire First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 6810 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Jered L, Hock, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 341701.1 341778-1; 341831-1 NOV-22-2005 17:54 FROM- By: By: T-466 P 005/005 F-370 KIRKPATRICK & LOCKHART NELSON, GRAHAM LLP Christopher R. Nestor, Esquire 17 North Second Street, 18TH MOOR Harrisburg, PA 17101 BUCHANAN INGERSOLL, P.C. Stephen Moniak, Esquire P.O. Box 12023 Harrisburg, PA 17108 & KRATZ, P.C. By: By: WilliarbJ. Bickel, Esquire First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 6810 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Jered L. Hock, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 341701.1341779-1;341831.1 1'1/23/2005 09:10 FAX 7172349478 nK&E HGB PA Z 003 KIRKPATRICK & LOCKHART NELSON, GRAHAM LLP By: Christopher R. Nestor, Esquire 17 North Second Street, 18n"t MOOR Harrisburg, PA 17101 BUCHANAN INGERSOLL, P.C. By_ Stephen Moniak, Esquire P.O. Box 12023 Harrisburg, PA 17108 MCGRATH, NORTH, MULLEN & KRATZ, P.C. By: William J. Birkel, Esquire First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 6810 By: METZGER, WICKERSHAM KNAUSS & ERB, P.C. Jered L. Hock, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 341701.1 341778-1;341831.1 V NnV 9 e Ee07 ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 2005-5238 ORDER L I>CCC7 bcr AND NOW this 1J day of Navetaib@ , 2005, upon the stipulation of counsel, it is hereby ORDERED as follows: The life insurance benefits relating to Agatha R. Haut from PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, if not already paid, shall, within twenty (20) days hereof, be paid to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania, on account of the funeral of Agatha R. Haut. 2. Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO. and VETERANS LIFE INSURANCE COMPANY, shall, within twenty (20) days hereof, pay into Court the full proceeds of any benefit payments whatsoever relating to those Defendants' respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, along with any post-mortem interest due under the terms of the policies or applicable law from the date of said decedent's death, September 24, 2005, through October 5, 2005, and with said proceeds and post-mortem interest to be deposited by the Prothonotary in an interest-bearing account or accounts, from which account or accounts the 341708-1 _ . ?.? ,. ? ; proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct. 3. Upon the payment of sums as set forth above, Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO., VETERANS LIFE INSURANCE COMPANY, and PHYSICIANS MUTUAL AND LIFE INSURANCE COMPANY shall be discharged from all liability to any parry or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case, and PAUL H. HAUT, JR., HENRY HENSON, and the ESTATE OF AGATHA R. HAUT and its personal representative(s) shall be discharged from all liability to the aforesaid three insurance companies relating to their claims against the said insurance companies in connection with the proceeds of the aforesaid life insurance on the life of Agatha R. Haut. 4. The hearing previously scheduled for November 28, 2005 is continued. By the Court, J. esley Oler, Jr. J. 341708-1 ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- EQUITY HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, ?.:URTIS R. LONG Prothonotary Cumberland County )ne Courthouse Square Carlisle, PA 17013 os- s'a3? TIPfPntlantc NO. 2005-5238 Hie4tli?4 1?16! JtEf G Ur TI ?Tt;@Y CCU G? -6 ? NO SUCH NUMBER/ STREET $ 0 NOT DELIVERABLE - ODRESSED UNABLE TO FORWARD P.O. OX A ? Harrisburg, PA '-'A 50SUFFICIENT ADDRESS ATTEMPTED NOT KNOWN ? OTHER 12 dr Mr. Stephen Moniak, Esq. One South Market Square no+ B '?iif i--f i l 1 ? 3 T3 E: 1i . ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants URTIS R. LONG Prothonotary Cumberland County he Courthouse Square Carlisle, PA 17013 i N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 2005-5238 P Iron ? ao s 5037,E A r Mr. Jered L. Hock, Esq. ?'. P.O. Box 93 HeOA ? 1 UFFICIENT ADDRESS El C TEMPTED NOT KNOWN El OTHER `rr7"3 NO SUCH NUMBER/STREET S NOT UNABLEVTOFORW RDODflESSEO 1??U6tb933-3? k. ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants ICURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 ds- sa3? IN THE COURT OF COLWNION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 2005-5238 nn rIv p 0613m b CF ?h - f s,'?y Ts:=, fr-C ? i L:.. I w 037' A C7 INSUFFICIENT ADDRESS ATTEMPTED NOT KON O SUCH NUMBERNSTREET OTHER C 0 N OS 0 NOT DELIVERABLE FORWARD ADDRESSED ? UNABLE TO BUCHANAN INGERSOLL, P.C. BY: JAYSON R. WOLFGANG, ESQUIRE I.D. #: 62076 BY: STEPHEN MONIAK, ESQUIRE I.D. #: 80035 213 MARKET STREET, 3RD FLOOR HARRISBURG, PA 17101 (717) 237-4843 ESTATE OF AGATHA R. HAUT, and PAUL H. HAUT, JR. Individually, Plaintiffs/Petitioners V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants/Respondents TO THE PROTHONOTARY: ATTORNEYS FOR DEFENDANT, VETERANS LIFE INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY PRAECIPE In accordance with Judge Oler's December 1, 2005 Order (copy attached), kindly amend the docket to note that Defendant Veterans Life Insurance Company has been dismissed from this case with prejudice, following its payment into Court of $5,005.28 on December 9, 2005 (time-stamped copy of letter transmitting payment attached). BUCHANAN INGERSOLL PC By Aayson R. Wolfgang, Esquire I.D. No. 62076 Stephen Moniak, Esquire I.D. No. 80035 213 Market Street - 3rd Floor Harrisburg, PA 171 A (717) 237-4800 Attorneys for Defendant Veterans Life Insurance Company DATE: January 3, 2006 I CERTIFICATE OF SERVICE I, Stephen Moniak, Esquire, certify that I am this day serving a copy of the Praecipe upon the persons below via first class mail which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as follows: James I. Nelson, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 William J. Birkel, Esquire McGrath, North, Mullen & Kratz, PC First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 68102 Jered L. Hock, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 Christopher Nestor, Esquire Carleton O. Strouss, Esquire Kirkpatrick & Lockhart Nicholson Graham., LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 By: / - tephen Moniak, Esquire DATE January 3, 2006 4- RFGErvF qtr:; .. 200T ESTATE OF AGAT14A R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- EQUITY NO. 2005-5238 ORDER u' AND NOW thisday of ??, 2005, upon the stipulation of counsel, it is hereby ORDERED as follows: The life insurance benefits relating to Agatha R. Haut from PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, if not already paid'., shall, within twenty (20) days hereof, be paid to Fogelsanger-Bricker Funeral Home, Shippensbul-g, Pennsylvania, on account of the funeral of Agatha R. Haut. 2. Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO. and VETERANS LIFE INSURANCE COMPANY, shall, within twenty (20) days hereof, pay into Court the full proceeds of any benefit payments whatsoever relating to those Defendants' respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, along with any post-mortem interest due under the terms of the policies or applicable law from the date of said decedent's death, September 24, 2005, through October 5, 2005, and with said proceeds and post-mortem interest to be deposited by the Prothonotary in an interest-bearing account or accounts, from which account or accounts the 34170&-1 proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct. 3. Upon the payment of sums as set forth above, Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO., VETERANS LIFE INSURANCE; COMPANY, and PHYSICIANS MUTUAL AND LIFE INSURANCE COMPANY shall be discharged from all liability to any parry or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case, and PAUL 14. HAUT, JR., HENRY HENSON, and the ESTATE OF AGATHA R. HAUT and its personal representative(s) shall be discharged from all liability to the aforesaid three insurance companies relating to their claims against the said insurance companies in connection with the proceeds of the aforesaid life insurance on the life of Agatha R. Haut. 4. The hearing previously scheduled for November 28, 2005 is continued. By the Court, Pr ? J. Wesley Oler, Jr. J. RUE LCaP Y FROM REVS RD dim sw Of siaz CWlI ca-We Pa. 341708-1 I N Buchanan Ingersoll PC FSIORIJEYS Stephen Moniak (717) 237-4887 moniaks@bipc.com VIA REGULAR MAIL Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 December 9, 2005 Re: Estate of Agatha R. Haut and Paul H. Haut, Jr., ]Individually v. Henry Henson; Globe Life & Accident Insurance Co.; Physicians Mutual & Life Insurance Company, and Veterans Life Insurance Company, Court of Common Pleas, Cumberland County, PA, Case No. 2005-5238 Dear Sir or Madam: o - - c i n r Q 71 -? Cn ? Enclosed please find Veterans Life Insurance Company's ("Veterans") check number 8520079761 in the amount of $5,005.28, payable to the Prothonotary of Cumberland County. The check is being tendered by Veterans pursuant to paragraph 2 of the enclosed Order dated December 1, 2005. Pursuant to paragraph 3 of the enclosed Order, please amend the docket to reflect Veterans' dismissal from this action with prejudice. Please return a time-stamped copy of this letter in the enclosed self-addressed stamped envelope. Thank you for your assistance. If you should have any questions, please contact me at (717) 237-4887. SM/cz Enclosure cc: James I. Nelson, Esquire (w/enc.) Christopher Nestor, Esquire (w/enc.) Jered L. Hock, Esquire (w/enc.) William J. Birkel, Esquire (w/enc.) One South Nfdrket S?ua:e 213 kearket Street, 3rd Floor Harrisburg, FA 17101-2121 PO. Bo;: 1?023 Harrisburg, rA 17108-2023 'f 717 237 4000 E 7 i7 233 G&52 uv??dw.buchananin9er;ofl.com Pennsylvania New York :: Washington, DC :: Florida :: New Jersey :: Delaware :: California VETERANS LIFE INSURANCE COMPAI ADMINISTRATION OFFICE VALLEY FORGE, PENNSYLVANIA 19499 Pay. FIVE THOUSAND, FIVE AND 281100 To the order of PROTHONOTARY OF CUMBERLAND COUNTY PENNSYLVANIA' SHIPPENSBURG PA 1 JPMorgan Chase Bank,' N.A. Syracuse, NY No. 8520079761, 3Z337 December 06, 2005 ` By: _ f, Author {ad Co arsigna'[yra Re iretl i{ $SD,DDD Or DyerA6 RE e" AGATHA R I1AUT L.IFE`CLAIM -- Ra t 40OMJ8120712-06705 658309 By t -,,Authorized B gna`tLre 11e8 5 200 79 76 L112 1:021, 3093791: 6018t5329411e Farm 553A (07-95) Please Detach Before Depositing VETERANS LIFE INSURANCE COMPANY ADMINISTRATION OFFICE VALLEY FORGE, PENNSYLVANIA 1991 THIS CHECK REPRESENTS THE PROCEEDS PAYABLE ON THIS CONTRACT. PLEASE REFER TO THE ENCLOSED LETTER FOR A DETAILED EXPLANTATIOH OF THE BENEFITS PAID. No. 8520079761 December 06, 2005 02 213 8520079761400MJ81207121)605 ACC ?. ?I- 'T .... ? ? ^}T-Y? t ? ./.f ? ?-- O ? ? ? -? i Q ,. ?? __ -1-. J ? - _ ? ?, ? .`<<?s ? ,1 ?? 4 4 ESTATE OF AGATHA R. HAUT And PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, and VETERANS LIFE INSURANCE COMPANY, Defendants. TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2005-5238 CIVIL ACTION - EQUITY PRAECIPE In accordance with Judge Oler's December 1, 2005 Order (copy attached), kindly amend the docket to note that Defendant Globe Life and Accident Insurance Company has been dismissed from this case with prejudice, following its payment into Court of $45,255.21 on December 5, 2005 (time-stamped copy of letter transmitting payment attached). Respectfully submitted, Dated: January 5, 2006 - Carleton O. Strouss Pa. Id. No. 25994 Christopher R. Nestor Pa. Id. No. 82400 Kirkpatrick & Lockhart Nicholson Graham LLP 17 North Second Street Harrisburg, PA 17101-1507 (717) 231-4500 (tel.) (717) 231-4510 (fax) Attorneys for Defendant, Globe Life And Accident Insurance Company NOV 2 s 2005 ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 2005-5238 ORDER AND NOW this 15 day of? 005, upon the stipulation of counsel, it is hereby ORDERED as follows: The life insurance benefits relating to Agatha R. Haut from PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, if not already paid, shall, within twenty (20) days hereof, be paid to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania, on account of the funeral of Agatha R. Haut. 2. Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO. and VETERANS LIFE INSURANCE COMPANY, shall, within twenty (20) days hereof, pay into Court the full proceeds of any benefit payments whatsoever relating to those Defendants' respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, along with any post-mortem interest due under the terms of the policies or applicable law from the date of said decedent's death, September 24, 2005, through October 5, 2005, and with said proceeds and post-mortem interest to be deposited by the Prothonotary in an interest-bearing account or accounts, from which account or accounts the V 341708-1 proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct. 3. Upon the payment of sums as set forth above, Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO., VETERANS LIFE INSURANCE COMPANY, and PHYSICIANS MUTUAL AND LIFE INSURANCE COMPANY shall be discharged from all liability to any party or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case, and PAUL H. HAUT, JR., HENRY HENSON, and the ESTATE OF AGATHA R. HAUT and its personal representative(s) shall be discharged from all liability to the aforesaid three insurance companies relating to their claims against the said insurance companies in connection with the proceeds of the aforesaid life insurance on the life of Agatha R. Haut. 4. The hearing previously scheduled for November 28, 2005 is continued. By the Court, I J. Wesley Oler, Jr. J. SEc*RD ?r rqw a't 'W3? 1:C?Dr FjIYiQ S8R ?+?? L?i CaP11. P& i1 341708-1 CERTIFICATE OF SERVICE I hereby certify that on January 5, 2006, I served a true and correct copy of the foregoing document on the following individuals by United States mail, postage prepaid, addressed as follows: James I. Nelson, Esq. Rominger, Bayley & Whare 155 South Hanover Street Carlisle, PA 17013 William J. Birkel, Esq. McGrath, North, Mullen & Kratz, PC First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 68102 Jered L. Hock, Esq. Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 Stephen Moniak, Esq. Buchanan Ingersoll, P.C. 213 Market Street, 3`d Floor Harrisburg, PA 17101 Christopher R. Nestor T K Le Kirkpatrick & Lockhart Nicholson Graham LLP December 5, 2005 Office of the Prothonotary Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17103 RE: Haut v. Henson, et aL No. 2005-5238 Dear Sir or Madam: 17 North Second Street, 18th Floor Harrisburg, FA 17101-1507 717.231.4500 Fax 717.231.4501 mm.king.com Christopher R. Nestor 717.231.4812 Fax: 717.231.4501 cnestor@king.com u 0 _ cr+ ', i:.... C-) R ,5:c m c, Enclosed please find Globe Life And Accident Insurance Company ("Globe") check number 267142 in the amount of $45,255.21, payable to the Prothonotary of Cumberland County. The check is being tendered by Globe pursuant to paragraph 2 of the enclosed Order. Pursuant to paragraph 3 of the enclosed Order, please amend the docket to reflect Globe's dismissal from this action with prejudice. Please date-stamp the extra copy of this letter and return it to me in the enclosed envelope. Thank you for your time and attention to this matter. Sincerely, Christopher R. Nestor cc: (w/enc.) Stephen Moniak, Esq. William J. Birkel, Esq. Jered L. Hock, Esq. James L Nelson, Esq. HA-167520 v 1 31519789 GLOBE LIFE AND ACCIDENT INSURANCE COMPANY GLOBE LIFE CENTER OKLAHOMA CITY, OK 73184 (405) 270-1410 "PROTHONOTARY CUMBERLAND COUNTY" 003 ATTACHED TO THIS CHECK IS A BREAKDOWN OF THE BENEFITS ON YOUR POLICY. AMOUNT CO POLICY CLAIM INSURED ---------- -- ------- -------- ----------------------------- 45,255.21 00 A046490 02352884 AGATHA R HAUT INTEREST FROM 09/24/05 TO 10/05/05 255.21 BASIC POLICY FACE AMOUNT FROM 09/24/05 TO 09/24/05 45,000.00 IF WE CAN HELP YOU IN ANY OTHER WAY, PLEASE TELL US. CL02352884 L DETACH THIS PORTION AT DOTTED LINE BEFORE DEPOSITING CHECK ---------------- 00267142 GLOBE LIFE AND ACCIDENT INSURANCE : COMPANY GLOBE LIFE CENTER OKLAHOMA CITV, OKLAHOMA 73184 TO THE ORDER OF: "PROTHONOTARY CUMBERLAND COUNTY". DATE 12/01/05 CHECK NO. 267142 POLICY A046490 CLAIM, NO. 02352884 BENEFITS FOR AGATHA R HAUT DATE OF LOSS 09/24/05 PAY ENACTLY $>**45,255.21* (a..E c3 ?"A A TH RIZED SIGNATU 88183 Collect through JPMorgan Chase Bank Houston, Texas Texas Controllable Disbursements For Inquiries Call: 800 457-7101 I'm 267 L4 2110 ': 1113?D880i: "ODE 3?DD L1, 2 74115 fir ?'?- ? , c ._' `? -, ;, 61 ? c_ '??^' J 6" ?' .'f_. ? ? ESTATE OF AGATHA R. HAUT, AND PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBAL LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL LIFE INSURANCE COMPANY; AND VETERANS LIFE INSURANCE COMPANY, Defendants. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5238 CIVIL ACTION-EQUITY 1 PRAECIPE Pursuant to this Court's Order of December I, 2005 (copy attached), please amend the docket to note that Physicians Mutual Life Insurance Company has been dismissed from this case with prejudice pursuant to its payment of $4,376.34 to Fogelsanger Bricker Funeral Home per the December 1, 2005 Order (copy of receipt acknowledging payment of funds attached). Life IrWurance Company Dated: February 16, 2006 McGrath Nortt Mullin & Kratz, PC LLO 3700 First National Tower 1601 Dodge Street Omaha, Nebraska 68102 Tel: 402-341-3070 Fax: 402-341-0216 Attorneys for Physicians Mutual Life Insurance Company NOV 2 9 2005 ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 2005-5238 ORDER AND NOW this ? day o? 2005, upon the stipulation of counsel, it is hereby ORDERED as follows: The life insurance benefits relating to Agatha R. Haut from PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, if not already paid, shall, within twenty (20) days hereof, be paid to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania, on account of the funeral of Agatha R. Haut. 2. Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO. and VETERANS LIFE INSURANCE COMPANY, shall, within twenty (20) days hereof, pay into Court the full proceeds of any benefit payments whatsoever relating to those Defendants' respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, along with any post-mortem interest due under the terms of the policies or applicable law from the date of said decedent's death, September 24, 2005, through October 5, 2005, and with said proceeds and post-mortem interest to be deposited by the Prothonotary in an interest-bearing account or accounts, from which account or accounts the 341708-1 proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct. Upon the payment of sums as set forth above, Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO., VETERANS LIFE INSURANCE COMPANY, and PHYSICIANS MUTUAL AND LIFE INSURANCE COMPANY shall be discharged from all liability to any party or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case, and PAUL H. HAUT, JR., HENRY HENSON, and the ESTATE OF AGATHA R. HAUT and its personal representative(s) shall be discharged from all liability to the aforesaid three insurance companies relating to their claims against the said insurance companies in connection with the proceeds of the aforesaid life insurance on the life of Agatha R. Haut. 4. The hearing previously scheduled for November 28, 2005 is continued. By the Court, J. Wes ey Oler, Jr. J. E COPY FRO;.4 RLeCORD OMWT wNred I "I IN unto ssq 0 of said cou at C2rlisle, pa, 341708-1 MCGRATH NORTH MULuN & KRATZ, PC LLO ATIDKNEY4 AT uw SUITE 37M FIRST NATIONAL TOWER 1601 DODGE STREET, OMAHA, NEBRASKA 68103 WILLIAM I BIRKEL December 2, 2005 Fogel Sanger-Bricker Funeral Home Attn: Norm P.O. Box 336 Shippensberg, PA 17257 Re: Estate ofAgatha R. Haut Dear Norm: TELEPHONE: 402.341-3070 E-MAD.: wb1rke1*m=1,.com This letter will serve to advise you that this office represents Physicians Life Insurance Company in connection with the above captioned matter. Physicians has been directed by the Court of Common Pleas, Cumberland County to direct the payment of proceeds from Ms. Haut's life insurance policy to Fogel Sanger-Bricker Funeral Home. The funds are to be applied to any outstanding indebtedness due and owing on account of the funeral arrangements for Agatha R. Haut. I am enclosing the following items: Physicians Mutual draft in the amount of $4,376.34; and 2. Receipt of Insurance Proceeds. I would ask that a representative of Fogel Sanger-Bricker Funeral Home execute the enclosed receipt indicating the receipt of the funds and return that to my attention. I have enclosed a self addressed stamped envelope for your convenience. Thank you for your cooperation and consideration. Very truly yours, Willi m J Birkel WJB:nm cc: Dave Woods (w/enc.) James I. Nelson (w/enc.) Jared Hock (wlenc.) a ? .. 1 ?I I' 11' I 'Il rl l?l' Physicians Life Insurance Company' dd qq 76.4 FIRST RATIOU iAKOFOMANA FREMONT MA71ONK BVIN ? FRNAM IIEMUMYYO Physicians MDrupe Me 11/23/05 mutual a,na.xeeeiai-mvl AMOUNT PAY $4,376 DOLLARS AND 34 CENTS $4,376.34 TO THE ORDER OF - FOGEL SANGER-BRICKER `?• FUNERAL HOME 112 W KING ST SHIPPENSBURG PA 17257 ?` AUTHDAITED SIDNATUAFS ' r..?r r• r rr ur 11" r .r r r r r 1144912490 4 L0490004i3t: 32 5913160 gull RECEIPT FOR LIFE INSURANCE COMES NOW the undersigned, a duly authorized agent of Fogel Sanger-Bricker Funeral Home and hereby acknowledges receipt of the sum of $4,376.34 from Physicians Mutual Insurance Company and Physicians Life Insurance Company. The undersigned further acknowledges that said sum represents full and complete payment of all proceeds and amounts due under life insurance policy #082-835-063-7 issued by Physicians Life Insurance Company to Agatha Haut. The undersigned understands that said proceeds are being paid at the direction of both Henry Henson and the Estate of Agatha Haut and that said sum is to be applied against any outstanding balance due by the Estate of Agatha Haut or others individually for the funeral arrangements of the deceased. +l Dated this G ? oo? day of 1JPlem60r , 2005. Fogel Sanger-Bricker Funeral Home, By: H ^-p- l u L Title: SUBSCRIBED in my presence and sworn to before me on this day of 2005. ARY PUBLIC 7J ? ? t``Z ?- - O ? ? J °?a w ?- ?_ <? _ . ?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants CIVIL ACTION - EQUITY : NO. 2005-5238 PETITION FOR RULE TO SHOW CAUSE f? N ca ?.J TO THE HONORABLE JUDGES OF SAID COURT, Henry D. Henson, Jr., by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.C., in his individual capacity as sole beneficiary under the below described life insurance policies, hereby Petitions this Honorable Court, requesting an issuance of a Rule to Show Cause Why the life insurance proceeds on the life of Agatha R. Haut should not be paid to Henry D. Henson, Sr., as the sole beneficiary of record, and avers in support thereof, the following: 1. Agatha Haut died on September 24, 2005. 2. Agatha Haut was survived by five children, Paul H. Haut, Jr., Linda Swaim, Evelyn Gimbara, Stephen B. Haut and Henery D. Henson, Sr. 3. A civil action was instituted by Paul H. Haut, Jr., individually and purportedly on behalf of the Estate of Agatha R. Haut on October 5, 2002. 4. At the time of her death, Agatha R. Haut, owned life insurance insuring her life and issued by Globe Life and Accident Insurance Company to policy no. A046490. By an Order of this Court dated December 1, 2005, a copy of which is attached as Exhibit "A", defendant, Globe Life and Accident Insurance Company was directed to pay into Court the full proceeds and post-mortem interest of the decedent's life insurance policy "to be deposited by the Prothonotary in an interest-bearing account or accounts, from which account or accounts the proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct." 6. By its check dated December 1, 2005, defendant Globe Life and Accident Insurance Company paid into Court the sum of $45,255.51. 7. As of December 31, 2009, the Globe Life and Accident Insurance Company proceeds and interest thereon held by the Prothonotary, equaled $48,265.28. At the time of her death, Agatha R. Haut, owned life insurance insuring her life and issued by Veterans Life Insurance Company to policy no. 400MJ81207. 9. Likewise, by said Order of this Court dated December 1, 2005, defendant, Veterans Life Insurance Company was directed to pay into Court the full proceeds and post- mortem interest of the decedent's life insurance policy "to be deposited by the Prothonotary in an interest-bearing account or accounts, from which account or accounts the proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct." 10. By its check dated December 6, 2005, defendant Veterans Life Insurance Company paid into Court the sum of $5,005.28. 11. As of December 31, 2009, the Veterans Life Insurance Company proceeds and interest thereon held by the Prothonotary, equaled $5,193.34. 12. At the time of her death, Agatha R. Haut, owned life insurance insuring her life and issued by Physicians Mutual Life Insurance Company to policy no. 082-835-063. 13. By said Order of this Court dated December 1, 2005, defendant, Physicians Mutual & Life Insurance Company was directed to pay the life insurance benefits on the life of the decedent to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania, on account of the funeral of Agatha R. Haut, the decedent. 14. By its check dated November 23, 2005, defendant Physicians Mutual & Life Insurance Company paid to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania the sum of $4,376.34. 15. By said Order of this Court dated December 1, 2005, defendants, Globe Life and Accident Insurance Company, Veterans Life Insurance Company, and Physicians Mutual & Life Insurance Company, upon payment of the sums set forth above, shall be discharged from all liability to any party or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case. 16. A Petition for Grant of Letters Testamentary in the Estate of Agatha Haut was improperly filed by Paul H. Haut, Jr. on October 2, 2002 to Cumberland County No. 2005-0892. 17. A Caveat was filed by Henry D. Henson, Sr. on October 10, 2005. 18. A hearing was held by the Register of Wills on November 17, 2005. 19. Upon a Praecipe submitted by counsel for the said Paul H. Haut, Jr., the said Petition for Grant of Letters was withdrawn as confirmed by the Register of Wills, in its decree dated December 7, 2005. 20. A Petition for Grant of Letters Testamentary in the Estate of Agatha R. Haut was filed by Henry D. Henson, Sr. on December 1, 2005, whereby Henry D. Henson, Sr., was granted Letters of Administration C.T.A. to Franklin County Estate No. 2805-0653. A copy of the Certificate of Grant of Letters is attached hereto as Exhibit "B". 21. The sole parties remaining in this matter are the Estate of Agatha R. Haut - Henry D. Henson, Sr., Administrator, Paul H. Haut, Jr., individually and Henry D. Henson, Sr., individually. 22. Petitioner, Henry D. Henson, Sr., a/k/a Henry D. Henson, is the sole beneficiary of record on the Globe Life and Accident Insurance Company policy no. A046490 insuring the life of Agatha R. Haut. A copy of the beneficiary designation is attached as Exhibit "C". 23. The proceeds of the Globe Life and Accident Insurance Company life insurance policy insuring the life of Agatha R. Haut in the amount of $45,255.51 were paid into court and together with the accumulated interest thereon as of December 31, 2009 total $48,265.28. 24. Petitioner is the sole beneficiary of record on the Veterans Life Insurance Company policy no. 400MJ81207 insuring the life of Agatha R. Haut. A copy of the beneficiary designation is attached as Exhibit "D". 25. The proceeds of the Veterans Life Insurance Company life insurance policy insuring the life of Agatha R. Haut in the amount of $5,005.28, were paid into court and together with the accumulated interest thereon as of December 31, 2009 total $5,193.34. WHEREFORE, the Petitioner, Henry D. Henson, Sr., respectfully requests this Honorable Court issue a Rule directed to Paul H. Haut, Jr., and the Estate of Agatha R. Haut to Show Cause Why the life insurance proceeds of Globe Life and Accident Insurance Company policy No. A046490 and Veterans Life Insurance Company policy No. 400MJ81207, on the life of Agatha R. Haut and which have been paid into court, together with the accrued interest thereon as of December 31, 2009 and any additional interest accrued on account through the date of final distribution, should not be paid to Henry D. Henson, Sr., the sole beneficiary of record. Respectfully submitted, By: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Robert Y. G bb Esquire AttornI.D. No. 76057 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 f ? Dated: ?'?6 ?0(<7 VERIFICATION I, Henry D. Henson, Sr., the Petitioner herein, do verify that the facts set forth in the foregoing Petition are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated February X4, 2010 ?` 4?4 e . Henson, Sr. EXHIBIT "A" NOV 2 4 2005 Y: Q/_ - ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 2005-5238 r ORDER AND NOW this day of r , 2005, upon the stipulation of counsel, it is hereby ORDERED as follows: 1. The life insurance benefits relating to Agatha R. Haut from PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY, if not already paid, shall, within twenty (20) days hereof, be paid to Fogelsanger-Bricker Funeral Home, Shippensburg, Pennsylvania, on account of the funeral of Agatha R. Haut. 2. Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO. and VETERANS LIFE INSURANCE COMPANY, shall, within twenty (20) days hereof, pay into Court the full proceeds of any benefit payments whatsoever relating to those Defendants' respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, along with any post-mortem interest due under the terms of the policies or applicable law from the date of said decedent's death, September 24, 2005, through October 5, 2005, and with said proceeds and post-mortem interest to be deposited by the Prothonotary in an interest-bearing account or accounts, from which account or accounts the 341708-1 proceeds and interest thereon shall be paid to such recipient(s) and in such manner as the Court may hereafter direct. 3. Upon the payment of sums as set forth above, Defendants GLOBE LIFE AND ACCIDENT INSURANCE CO., VETERANS LIFE INSURANCE COMPANY, and PHYSICIANS MUTUAL AND LIFE INSURANCE COMPANY shall be discharged from all liability to any party or individual relating to their respective policies or contracts insuring the life of Agatha R. Haut or otherwise providing benefits on behalf of or on account of Agatha R. Haut, and shall be dismissed with prejudice as parties to this case, and PAUL H. HAUT, JR., HENRY HENSON, and the ESTATE OF AGATHA R. HAUT and its personal representative(s) shall be discharged from all liability to the aforesaid three insurance companies relating to their claims against the said insurance companies in connection with the proceeds of the aforesaid life insurance on the life of Agatha R. Haut. 4. The hearing previously scheduled for November 28, 2005 is continued. By the Court, l J. Wesley Oler, Jr. J. US ?60PY FS , RE , '0Z11 RD ?:.7 won€9 !? unto set "Pa. 01 ' r!l e. i lowl . 341708-1 EXHIBIT "B" X111 A i Register of Wills of FRANKLIN County, Pennsylvania Certificate of Grant of Letters No. 2005-55805 PA No. 28-05-0653 ESTATE OF HAUT AGATHA R (LAS i', F I=T, MIDDLE) a/k/a HAUT AGATHA ROSEMARY Late of SOUTHAMPTON TOWNSHIP , Deceased Social Security No. 283-26-7225 WHEREAS, on the 1st day of December 2005 an instrument sated June 1st 2000 vas admitted to probate as the last will ofHAUT AGATHA R ( i/k/a HAUT AGATHA ROSEMARY Late of SOUTHAMPTON TOWNSHIP FRANKLIN County, who died on the 24th day of September 2005 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LINDA MILLER , Register of Wills in and for :he County of FRANKLIN in the Commonwealth of Pennsylvania, hereby certify :hat I have this day granted Letters of ADMINISTRATION C.T.A. :o HENSON HENRY DEAN vho has duly qualified as Administrator(rix) C.T.A. ind has agreed to administer the estate according to law, all of which fully ippears of record in my Office at FRANKLIN COUNTY COURT HOUSE, :HAMBERSBURG, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal )f my Office the 1st day of December 2005. EXHIBIT "C" Date 10/19/04 AGATHA R HAUT C/O HENRY D HENSON 1128 MAINSVILLE RD SHIPPENSBURG PA 17257 L AND ACCIDENT INSURANCE CO. Policy Number: 00-A046490 Ins: HAUT, AGATHA R Renefici.arv Endorsement As requested, we have changed our records to reflect the fol- lowing beneficiary information on t?hE3 above referenced policy. Primary Beneficiary: HENRY D HENSON Contingent Beneficiary: HENRY D HENSON JR All previous beneficiary designations for this policy are now cancelled. By recording this new change, the Company agrees that any provision of this policy requiring an endorsement of the actual policy so as to affect a change of beneficiary is hereby waived. Keep this endorsement of change with your policy. Policyholders Service GLOBE LIFE CENTER / OKLAHOMA CITY, G HOMA 73184 1-405-270-1410 EXHIBIT "D" VETERANS LIFE INSURANCE COMPANY VALLEY FORGE, PENNSYLVANIA 19493 A private enterprise, not affiliated with the VA or any governmental agency CHANGE ENDORSEMENT Ms Agatha R Haut 1128 Mainsville Rd Shippensburg PA 17257-9257 Name of Insured Policy Number Effective Date of Change Agatha R Haut 400MJ81207 12/07/2004 It is hereby understood and agreed that the form (and or application for said form) to which this Endorsement is attached is amended as follows: The name of the beneficiary/beneficiaries is/are: PRIMARY - HENRY D HENSON, SR. SON X Signature of Insured Signature of Dependent (over age 18) Signature of Spouse Signature of Dependent (over age 18) Countersignature of Licensed Resident Agent if Required VETERANS LIFE INSURANCE COMPANY (GZZCSEVBENECH] Brian A. Smith, President PLEASE ATTACH TO THE FORM BEING ENDORSED X VL-C&188 PIN (L) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants CIVIL ACTION - EQUITY NO. 2005-5238 CERTIFICATE OF SERVICE I, Robert P. Grubb, Esquire, attorney for the Petitioner, does hereby certify that I have this day served a copy of the within Petition for Petition for Rule to Show Cause by First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Karl E. Rominger, Esquire Paul H. Haut, Jr. Rominger and Associates 57 Meade Drive 155 South Hanover Street Carlisle, PA 17013 Carlisle, PA 17013 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Robert P. 6 Y, Esquire Atto ey I.D. No. 76057 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 Dated: ' 2,010 (717) 238-8187 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. : CIVIL ACTION - EQUITY HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants : NO. 2005-5238 ENTRY OF APPEARANCE TO THE PROTHONOTARY: N ' C C 7 -V t7? T -n ?- : , Fn -5 , Please enter the appearance of Robert P. Grubb, Esquire of Metzger, Wickersham, Knauss & Erb, P.C. on behalf of Henry D. Henson, Sr, individually and as Administrator of the Estate of Agatha R. Haut. Papers may be served at the address set forth below. Dated: February 9 5 2010. Respectfully submitted, By R ert bb, Esquire A orney I.D. No. 76057 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 FEB .1 1 2010 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants CIVIL ACTION - EQUITY NO. 2005-5238 T; M Gnu J' °' r . -7 - , PRELIMINARY DECREE AND NOW, this t !L of 'L , 2010, a Rule is issued directed to Paul R. Haut, individually and the Estate of Agatha R. Haut, to show cause, if any there be, why the life insurance proceeds of Globe Life and Accident Insurance Company policy No. A046490 and Veterans Life Insurance Company policy No. 400MJ81207, on the life of Agatha R. Haut and which have been paid into court, together with the accrued interest thereon as of December 31, 2009 and any additional interest accrued on account through the date of final distribution, should not be paid to Henry D. Henson, Sr., the sole beneficiary of record. ?.V ?. Q.ez, P-by ?0 g. C within Twenty 20 days of service upon the Respondent(s). UnA ie y espon ents,t is Rues a ema ea sou . A,pdD BY THE COURT, 1 f K . Ro,rncvz? R44-j 2 . G b h . Nu", k of ?c.`tv ==h'1 u? J. ESTATE OF AGATHA R. HAUT and IN THE COURT OF COMMON PLEAS OF PAUL H. HAUT, JR., Individually, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - EQUITY V. DOCKET NO.: 2005-5238 HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE : INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants ANSWER TO PETITION FOR RULE TO SHOW CAUSE AND NOW, comes the Plaintiffs, by and through their counsel Karl E. Rominger, Esquire and in support of their Answer to Petition for Rule to Show Cause, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. n p c 4. Admitted. 5. Admitted ' rn- . ? .: C A 6. Admitted ; =ac _? . Q C-n 7. Admitted. i 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted it was filed. Denied it was improper. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted, that it is so endorsed, but upon information and belief he was substituted fraudulently thereto to the detriment of the estate and the other family members. 23. Admited. 24. Admitted, that it is so endorsed, but upon information and belief he was substituted fraudulently thereto to the detriment of the estate and the other family members. 25. Admitted. (this is the last paragraph contained in the filing served on respondents, but it does not appear to be a logical conclusion of the pleading, and the wherefore clause sits alone on a page following) WHEREFORE A hearing to determine who is the beneficiary of said policies is demanded. NEW MATTER 26. At all times relevant, and at the time the beneficiaries were changed on said policies, Agatha Haut was incompetent, senile, and not capable of changing her beneficiaries. 27. Agatha R. Haut at all times relevant had dementia and could not have made the changes to the policies. 28. In fact she had been so diagnosed. 29. Petitioner changed the beneficiary to himself, at such time as Agatha R. Haut was incompetent. 30. This fraudulent change was unlawful, and inequitable. 31. The true beneficiaries should get the money, and the changes made by Henry D. Henson, Sr. should be nullified. 32. Medical evidence is available upon information and belief to show this is true. 33. Further, petitioner has a Federal Fraud conviction. 34. Henry D. Henson, Sr. secreted his Mother away, denied family contact with her, and had a close and confidential relationship with her. 35. To the extent these matters were changed to the benefit of Henry D. Henson by any power of attorney, if this is how it was accomplished, said changes were fraudulent. WHEREFORE a hearing to determine who is the beneficiary of said policies is demanded, where evidence of Agatha R. Haut's medical and mental condition, and the timing and nature of the beneficiary changes can be explored.. Respectfully Submitted, Rominger & Associates Date: March 7, 2010 -Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiffs ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY DOCKET NO.: 2005-5238 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Answer to Petition for Rule to Show Cause, upon the following United States Mail, postage prepaid, addressed as follows: Robert P. Grubb, Esquire METZGER WICKERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, Pennsylvania 17110 Evelyn Gimbara 1128 Mainsville Road Shippensburg, Pennsylvania 17257 Stephen Haut 1601 Lindsay Lot Road Shippensburg, Pennsylvania 17257 Respectfully Submitted, Rominger & Associates Date: March 7, 2010 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiffs ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY NO. 2005-5238 v* u Q G Z av rv Cn s c.? <cr+ Trim p ANSWER TO PLAINTIFFS' NEW MATTER AND NOW, comes Henry D. Henson, individually and as Executor of the Estate of Agatha R. Haut, by and through his counsel Robert P. Grubb, Esquire, and in support of his Answer to Plaintiff's new matter, avers as follows: 26. The averment of paragraph 26 is a legal conclusion to which no responsive pleading is required. To the extent that a responsive pleading is required, the averment of paragraph 26 is denied. 27. Denied. By way of further answer, even if the decedent was diagnosed with dementia, a mere diagnosis of dementia, whether mild or advanced, does not preclude the decedent from being capable of testamentary intent. 28. Denied. Strict proof demanded. 29. Denied in part and admitted in part. It is denied that Henry D. Henson changed the beneficiary to himself while the decedent was incompetent. It is admitted that Henry D. Henson changed the beneficiary back to himself but only after he had first changed the beneficiary from himself to "The Estate of Agatha R. Haut". By way of further answer, Henry D. Henson was named as sole beneficiary on the insurance policies, the subject of this action, by Agatha R. Haut. At a subsequent date, acting as Agent under a General Power of Attorney, Henry D. Henson changed the beneficiary designation from himself to "The Estate of Agatha R. Haut" for the sole purpose of enticing the petitioner and his siblings to visit and pay attention to their mother. At a latter date, after such enticement failed to garner the attention of the petitioner and his siblings, Henry D. Henson, Sr., acting as Agent under a General Power of Attorney, changed the beneficiary of the life insurance policies back to "Henry D. Henson, Sr.," their prior designation. 30. The averment of paragraph 30 is a legal conclusion to which no responsive pleading is required. To the extent that a responsive pleading is required, the averment of paragraph 30 is denied. 31. Admitted in part and denied in part. Admitted to the extent the true beneficiary should receive the proceeds of the life insurance policies which have been paid into court. Denied to the extent the changes made by Henry D. Henson should be nullified and further denied that the "true" beneficiaries are anyone other than Henry D. Henson. 32. Denied. By way of further answer, the petitioner makes no specific pleading as to time or diagnosis simply broad, unsupported and baseless allegations and averments. 33. Admitted. By way of further answer, the Petitioner has also been convicted of multiple Federal fraud convictions concerning the same incident of which Henry Henson was convicted, involving a family business and more than 10 years ago. 34. Denied. Strict proof demanded. By way of further answer, the Petitioner makes no specific pleading as to denying family contact or a confidential relationship, only broad, unsupported and baseless allegations. To the contrary, the very reason Henry Henson originally changed the beneficiary designations was to encourage the attention and contact from the decedent's children including the petitioner which he failed to provide. Those family members who wanted to visit their mother were never denied access and more than one child made multiple visits with their mother. 35. The averment of paragraph 35 is a legal conclusion to which no responsive pleading is required. To the extent that a responsive pleading is required, the averment of paragraph 35 is denied. WHEREFORE, Henry D. Henson, Sr., respectfully requests this Honorable Court to dismiss the new matter raised by Paul H. Haut, Jr., and issue an order directed to the Cumberland County Prothonotary to pay the life insurance proceeds of Globe Life and Accident Insurance Company policy No. A046490 and Veterans Life Insurance Company policy No. 400MJ81207 on the life of Agatha R. Haut and which have been paid into court, together with the accrued interest thereon as of December 31, 2009 and any additional interest accrued on account through the date of final distribution, to Henry D. Henson, Sr., the sole beneficiary of record. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: qAep?l. b Esqui re . N .76057 321 Nortfi-Fnofit Street P. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: 3- U'??? - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants CIVIL ACTION - EQUITY NO. 2005-5238 CERTIFICATE OF SERVICE g q? ` c.n C" I, Robert P. Grubb, Esquire, attorney for the Petitioner, does hereby certify that I have this day served a copy of the within Answer to Plaintiffs' New Matter by First Class Mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: Karl E. Rominger, Esquire Rominger and Associates 155 South Hanover Street Carlisle, PA 17013 Dated: -3 - IAlO By: Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Rob P rub , Esquire Attey W. N . 76057 32 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY DOCKET NO.: 2005-5238 C rn M : M- rn z r Cn? ?v ? ? C:) The Honorable J. Wesley Oler "? Q m c-n r MOTION FOR HEARING 1. The parties currently have before the court a series of pleadings involving the distribution of certain monies paid into the Prothonotary's office. 2. The petition filed has been answered, and the matter is not ready for hearing. 3. The underlying petition was filed on February 9, 2010, and the response was filed on March 8, 2010. 4. Undersigned on behalf of his clients intends to present evidence to the court to aid in determination of the matter including medical testimony, testimony about the competency of decedent, as well as additional material necessary for the court's resolution of the matter. WHEREFORE it is requested that the court schedule a hearing on this matter so that evidence may be taken and the underlying petition is decided. Respectfully Submitted, Rominger & Associates Date: April 21, 2011 Kar S. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiffs ESTATE OF AGATHA R. HAUT and PAUL H. HAUT, JR., Individually, Plaintiffs V. HENRY HENSON; GLOBE LIFE & ACCIDENT INSURANCE CO.; PHYSICIANS MUTUAL & LIFE INSURANCE COMPANY; and VETERANS LIFE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY DOCKET NO.: 2005-5238 The Honorable J. Wesley Oler CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Motion for Hearing, upon the following by depositing the same in the United States Mail, postage prepaid, via first class mail, addressed as follows: Robert P. Grubb, Esquire METZGER WICKERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, Pennsylvania 17110 Evelyn Gimbara 1128 Mainsville Road Shippensburg, Pennsylvania 17257 Stephen Haut 1601 Lindsay Lot Road Shippensburg, Pennsylvania 17257 Respectfully Submitted, Rominger & Associates Date: April 21, 2011 Kafl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiffs ESTATE OF AGATHA R. HAUT : and PAUL H. HAUT, JR., Individually, Plaintiffs v. HENRY HENSON; GLOBE LIFE &: ACCIDENT INSURANCE CO.; : PHYSICIANS MUTUAL & LIFE : INSURANCE COMPANY; and : VETERANS LIFE INSURANCE : COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY NO. 2005-5238 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Plaintiff, Paul H. Haut, Jr. in the above captioned matter. Respectfully submitted, BARIC SCHERER LLC T 'cia D. Naylo , Esquir I.D. # 83760 19 West South Street Carlisle, PA 17013 (717) 249-6873 rri C) CERTIFICATE OF SERVICE I hereby certify that on October 27, 2014, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve the Praecipe for Entry of Appearance, by first class U.S. mail, postage prepaid, as follows: Robert P. Grubb, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Tricia D. N. to , squire Estate of Agatha R. Haut, and Paul H. Haut, Jr., individually, Plaintiffs vs Henry Henson, Globe Lee 8 Accident Insurance Company, Physicians Mutual Life Insurance Company and Veterans To the Court: Paul H. Haut, Jr., Plaintiff -"D intends to proceed with the above captionCtter. LO Case No. 2005-5238 STATEMENT OF INTENTION TO PROCEED C3 ry rntri r rl CD :73 - -a ry Tricia D. Naylor, Esquire Print Name Sign N Date: 10/27/2014 Attorney for Paul H. Haut, Jr. IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed. CD • a�* CERTIFICATE OF SERVICE I hereby certify that on October 27, 2014, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve the Statement of Intention To Proceed, by first class U.S. mail, postage prepaid, as follows: Robert P. Grubb, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17,E 10-0300 Tricia 1 . Nay o , squire