Robert Yurik v. Ernestine Phillips
06-15-00026-CV
| Tex. App. | Aug 20, 2015
Case Information

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RECEIVED IN

The Court of Appeals Suth District AUG 202015 TOTAL COURT CASE NUMBER 80896 ,th District Texarkana, Texas Debra Autrey, Clerk

ROBERT YURIK

PLANTIFF

WY

VS.

STONERIDGE LIVE INSURANC COMPANY

AND

ERNISTINE PHILLIPS

DEFENDANTS

THIS DOCUMENT AND ITS CONTENTS SHALL SERVE AS A PRO SE APPEALLATE BRIEF WITH REGARD TO THE ABOE REFERENCED CASE NUMBER(S). ERNESTINE PHILLIPS, THE DEFENDANT IN THE APPELLATE PHASE OF THIS CASE (DEFENDANT, IS SUBMITTING THE ARGUMENT OF THE APPEAL AS PRO SE)

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TABLE OF CONTENTS

  1. STATEMENT OF FACTS
  2. ARGUMENT
  3. CONCLUSION
  4. CERTIFICATION OF SERVICE
  5. ATTACHMENTS/EVIDENCE

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STATEMENT OF FACTS

THIS CASE WAS BROUGHT BEFORE THE HUNT COUNTY, TEXAS COURT SYSTEM AS A RESULT OF A DISPUTE BY ROBERT YURIK TO THE DECISION BY STONEBRIDGE LIFE INSURANCE COMPANY REGARD THE PAYOUT OF THE LIFE INSURANCE POLICY NUMBER 721.4794438 FOR DARLENE TRAINOR.

THE DECISION OF JUDGE ANDREW BENCH, 196 TH DUDICIAL DISTRICT COUNT IN HUNT COUNTY, WAS TO PAY THE REMAINING AMOUNT OF THE $ 5000.0 DUE TO EARNEST PHILLIPSM, THE MOST RECENT BENEFICIARY ON RECORD WITH STONEBRIDGE LIFE INSURANCE COMPANY.

MS PHILLIPS MAINTAINS THE OPINION THAT, THE ALL THREE DOCUMENTS SIGNED BY DARLENE TRAINOR ARE VALID AND ACCEPTABLE.

SEVERAL AREAS OF THE FORM WERE DISCUSSED: THE SIGNAUTURES WERE REVIEWED BY JUDGE BENCH AND IT WAS DETERMINED THAT ALL SIGNATURES WERE THE SAME AND ACCEPTED BY THE INSURANCE COMPANY.

THE DATES WERE LISTED ON THE FINAL DOCUMENT WAS NEVER IN QUESTION, JUST THE SIGNATURES. MR. YURIK PROVIDED NOT DOCUMENTATION THAT FINAL SIGNATURE WAS NOT DARLENE TRAINOR'S.

DARLENE TRAINOR HAD TO CALL THE INSURANCE COMPANY DIRECT TO GET THE FORM TO CHANGE THE BENEFICIARIES, AS SEEN BY THE DATES THAT THE INSURANCE COMPANY SENT THE FORM TO DARLENE TAINOR. ALSO NOTE THAT ERNESTINE PHILLIPS WAS ON THE PREVIOUS BENEFICIARY CHANGE AFTER THE DEATH OF HER HUSBAND, THAT A CLEAR INDICATOR OF HER INTENT TO CHANGE HER BENEFICIARY.

THE DECISION TO PAY THE LAST RECORDED BENEFICIARY WAS ENTERED BY THE COURT.

THESE FACTS AS SUBMITTED ARE ENTERED INTO THE FORMAL TRANSCRIPT OF TRIAL CASE NUMBER 80896.

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ARGUMENT

THE BENEFICIARY CHANGE FORM IS AN INSTRUMENT TO RECORD CHANGES MADE TO THE LIFE INSURANCE POLICY, BUT EQUALLY AS INPORTANT, TO DETERMINE WHEN THOSE CHANGES SHOULD BE ENFORCED.

IN THIS CASE, MR. YURIK CLAIMED THAT THE BENEIFICARY DOCUMENTS HAD BEEN FORGED. JUDGE BENCH REVIEWED THE DOCUMENTS THAT WERE PROVIDED INTO EVIDENCE TO THE COURT. JUDGE BENCH QUESTIONED THE PLANTIFF AND THE DEFENDANT. (THE DOCUMENTS THAT WERE PROVIDED TO JUDGE BENCH HAVE BEEN ATTACHED TO THIS DOCUMENT)

AFTER REVIEW OF THE DOCUMENTS JUDGE BENCH RULED THAT THE SIGNAURES AND THE HANDWRITING ON ALL OF THE DOCUMENTS WERE IN FACT DARLENE TRAINOR'S AND THERE WAS NOT FORGED SIGNATURES. AT THAT TIME JUDGE BENCH RULED THAT THE LAST BENEFICIARY CHANGE SHOULD BE UP HELD AND RULED IN FAVOR OF THE DEFENDANT ERNESTINE PHILLIPS.

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CONCLUSION

THE DEFENDANT, ERNESTINE PHILLIPS, REQUESTS THAT THIS COURT UP HOLD THE FINAL JUDGEMENT ENTERED BY THE TRIAL JUDGE ANDREW BENCH AND ENTER ORDERS TO VALIDATE THE MOST RECENT BENEFICIARY CHANGE FORM ENTERED INTO RECORD BY STONBRIDGE LIFE INSURANCE COMPANY.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT A COPY HAS BEEN FUNISHED TO STONEBRIDGE LIFE INSURANCE COMPAN AND ROBERT YURIK BY MAIL DELIVERY ON AUGUST 19,2015

ERNSTINE PHILLIPS
104 MEADOW DR. CONVERSE, TX 78109

BY: 1 100

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STONEBRIDGE LIFE

Insurance Company 2700 West Place Padway - Rono, Texas 75075-5200

D u f i e n e

m 7 DICNEIS 0.03 − 886.6544 S i s t e c i S 403.8863766 March 30, 2004

Impertant Insurance Information: Open Immediately

DARLENE INEZ TRAINOR 1004 JERNIGAN ST COMMERCE TX 75428

VCTION COMPETED

APR 282004

INIUNG HAUIVE SUPPLIY

Policy/Certificate Hunshey 721,4784436

On the Life of: DARLENE INEZ TRAINOR

Dear DARLENE INEZ TRAINOR

In order to change the benetictory of yest policy/certificate, please provide the information requested below, make a copy of this form for your records, and return the completed form.

BENEFICIARY CHANGE REOLIERT

I, the undersigned policyouner, do hereby request the Company to revoke all prior beneficiary designations and optional methods of settlement, if any, and change the benetictory of said policy as follows: Primary Beneficiary (or Beneficiaries), if living:

| Name | Beneficiaries | Street Address, City, State, 210 | | :--: | :--: | :--: | | Kobaet Vakif | BOYF CERM | 1004 JERMAN St. Conmecs 187505 | | EANEZ/nephil/19 | SISTEC | 2665 Fm 3068 Koonidar Texas | | Otherwise in Contingent Beneficiery (or Beneficiaries) | | | | | | | | | | |

The provisions in the Beneficiary Change take precedence over any printed provisions in the policy which establish a beneficiary. Unless otherwise provided above, the proceeds shall be paid in a long sum. When more than one primary beneficiary is named, payment shall be made share and share alike, to survivors or survivors, unless otherwise provided above. This also applies when more than one Contingent Beneficiary is named. If so beneficiary survives the insured, the policy proceeds will be paid to the insured's estate. I hereby request, and by recording this instrument the Company hereby agrees, that any provision of the policy requiring the policy to be submitted to the Company for endorsement of change of beneficiary thereon be waived. The designation of the new beneficiary (or beneficiaries) shall become effective as of the date of the request for such change, provided, however, the request must be first received and recorded by the Company. Any payment made by the Company prior to such receipt and recording shall constitute proper, whole and absolute payment and shall discharge the Company from liability. If a trust or trustee beneficiary is named, the Company may make payment to the trust or the trustee without having to determine whether a trust is in effect, and shall not be required to look after the application of the proceeds in the hands of the trust or the trustee.

I understand that this Beneficiary Change, after it has been recorded by the Company, will take effect as of the date I signed the request. I further understand and agree that any payment made prior to the receipt and recording of this Beneficiary Change will be affected.

| Signature of Primary Insured | Date | Signature of Spouse | Date | | :--: | :--: | :--: | :--: | | A plase YANEUNG | 0.4.05 | All 6 N. 65 | 0.40 .5 | | | | | APR 1.82004. |

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STONEBRIDGE LIFE

Insurance Company 2700 West Plano Parkway · Plano, Texas 25075-5200 December 03, 2002

DARLENE INEZ TRAINOR
11542 RANCH LANE LOT88
FREDRICKSBURG VA 22407

Policy/Certificate Number: 72L4794438 On the Life of: DARLENE INEZ TRAINOR

Dear DARLENE INEZ TRAINOR

In order to change the beneficiary of your policy/certificate, please provide the information requested below, make a copy of this form for your records, and return the completed form.

BENEFICIARY CHANGE REQUEST

I, the undersigned policyowner, do hereby request the Company to revoke all prior beneficiary designations and optional methods of settlement, if any, and change the beneficiary of said policy as follows: Primary Beneficiary (or Beneficiaries), if living:

| Name | Relations | Street Address, City, State, Ztn | | | :--: | :--: | :--: | :--: | | Kabet Vakik | Bay Friced | 12935 Canstebiee Ch. EI, Jbodey | | | | | 24586 | | | Oforwine to Contingent Beneficiary (or Beneficiaries) | | | | | Egnestine blleviPhilLips Sixtoe | | 2665 En 2068 Klondike Te | | | KoteVE | Daughter | 112-pat 5h911 405 St 513 i7 | | | | ProrC | 21095 50 | | | The provisions in the Beneficiary Change take precedence over any printed provisions in the policy, which establish a beneficiary. Unless otherwise provided above, the proceeds shall be paid in a lump sum. When more than one primary beneficiary is named, payment shall be made share and share alike, to survivors or survivor, unless otherwise provided above. This also applies when more than one Contingent Beneficiary is named. If no beneficiary survives the insured, the policy proceeds will be paid to the trescraths estate. I hereby request, and by recording this instrument the Company hereby agrees, that any provision of the policy requiring the policy to be submitted to the Company for endorsement of change of beneficiary thereon be waived. The designation of the new beneficiary (or beneficiaries) shall become effective as of the date of the request for such change, provided, however, the request must be that received and recorded by the Company. Any payment made by the Company prior to such receipt and recording shall constitute proper, whole and absolute payment and shall discharge the Company from liability. If a trust or trustee beneficiary is named, the Company may make payment to the trust or the trustee without having to determine whether a trust is in effect, and shall not be required to lock after the application of the proceeds in the hands of the trust or the trustee.

I understand that this Beneficiary Change, after it has been recorded by the Company, will take effect as of the date I signed the request. I further understand and agree that any payment made prior to the receipt and recording of this Beneficiary Change will be affected.

| Signature of Primary Insured | Date | Signature of Spouse | Date | | :--: | :--: | :--: | :--: | | 12-12-88 | N 245 | Dec 12,2002 | |

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