Free Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00778-GMS

Document 1

Filed 11/29/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LIFE INSURANCE COMPANY OF NORTH AMERICA, Petitioner, v. CONNIE CRENSHAW, KENDAL M. HONIE and AARON E. HONIE, Claimants. : : : : : : : : : : :

C.A. No.

COMPLAINT FOR INTERPLEADER PURSUANT TO 28 U.S.C. § 1335 Petitioner Life Insurance Company of North America ("Petitioner"), as the insurer of a group life insurance policy through the New Castle County Vocational School (the "School") and, furthermore, as the custodian of the life insurance proceeds related to Policy Number FLX961332 and the deceased insured, Gerald E. Honie, asserts the following: Parties 1. Petitioner is a corporation organized and existing under the laws of the

Commonwealth of Pennsylvania with its principal place of business located in Philadelphia, Pennsylvania. 2. Claimant Connie Crenshaw ("Crenshaw") is an adult female residing at 1

Rambleton Drive, New Castle, Delaware, 19720 and, upon information and belief, was the spouse of Gerald Honie. 3. Claimant Kendal M. Honie ("Ms. Honie") is an adult female residing at 2

Charring Lane, New Castle, Delaware, 19720 and is the daughter of Gerald Honie. 4. Aaron E. Honie ("Mr. Honie") is an adult male residing at 1936 Lakindal Drive,

Machesney Park, Illinois, 61115 and is the son of Gerald Honie.

WILMINGTON\71072\1 099994.000

Case 1:07-cv-00778-GMS

Document 1

Filed 11/29/2007

Page 2 of 4

Jurisdiction and Venue 5. 6. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1335. Venue is proper in this district in accordance with 18 U.S.C. § 1397 as one or

more of the claimants reside in this district. 7. Contemporaneously with the filing of this Complaint, Plaintiff has presented a

motion to deposit the insurance proceeds with the Clerk of the Court. Facts 8. On or about May 19, 2002, Gerald Honie completed an employee open

enrollment form for group term life insurance with the School. On this enrollment form, Gerald Honie designated Crenshaw as the primary beneficiary and Ms. Honie as the contingent beneficiary. (2002 enrollment form attached as Exhibit A). 9. Upon information and belief, Gerald Honie never personally changed his

beneficiary elections under the policy. 10. Pursuant to the terms of the group life insurance policy, Petitioner is due to pay

Gerald Honie's beneficiary(ies) a total sum of $56,440.50 (the "Insurance Proceeds"). 11. On or about September 5, 2007, Gerald Honie executed a durable power of

attorney appointing Ms. Honie his attorney-in-fact. 12. On September 10, 2007, Mr. Honie and Ms. Honie submitted an amendment to

Gerald Honie's enrollment form through the power of attorney. The September 10, 2007, enrollment form purports to identify Mr. Honie and Ms. Honie as primary co-beneficiaries. (2007 enrollment form attached as Exhibit B). There are no contingent beneficiaries identified. 13. On September 10, 2007, Gerald Honie passed away. (Certificate of Death

attached as Exhibit C).

2
WILMINGTON\71072\1 099994.000

Case 1:07-cv-00778-GMS

Document 1

Filed 11/29/2007

Page 3 of 4

14.

Petitioner, in its attempts to identify the rightful beneficiary(ies) entitled to the

Insurance Proceeds, has been informed by the Claimants that each believes that they are entitled to at least a part of the Insurance Proceeds. 15. Additionally, one or more of the Claimants has threatened to contest any

payment made that would exclude payment to them. Count One Interpleader 16. Petitioner has no claim and no interest in the Insurance Proceeds and has, at all

times, been willing to pay the insurance proceeds to the person or persons entitled to the Insurance Proceeds. However, Petitioner cannot faithfully pay the insurance proceeds to any of the Claimants without an adjudication by this Court or a binding arbitration of Claimants' respective rights. For the foregoing reasons, Petitioner respectfully requests judgment providing for the following relief: (A) that Claimants be required to interplead in this action and to settle their respective claims to the Insurance Proceeds now in possession of the Court; that Claimants be restrained from commencing in any court any action against Petitioner where any of them seek to recover the Insurance Proceeds or any part thereof or to recover from Petitioner any damage from Petitioner's failure to deliver the Insurance Proceeds to them; Petitioner be forever released and discharged from all liability to Claimants in this cause on account of the matters relating to payment of the Insurance Proceeds; and

(B)

(C)

3
WILMINGTON\71072\1 099994.000

Case 1:07-cv-00778-GMS

Document 1

Filed 11/29/2007

Page 4 of 4

(D)

All other relief that the Court deems just and proper.

Dated: November 29, 2007

/s/ Sean J. Bellew Sean J. Bellew (#4072) David A. Felice (#4090) Cozen O'Connor 1201 N. Market Street, Suite 1400 Wilmington, DE 19801 Tel: (302) 295-2000 Fax: (302) 295-2013

4
WILMINGTON\71072\1 099994.000

Case 1:07-cv-00778-GMS

Document 1-2

Filed 11/29/2007

Page 1 of 3

Case 1:07-cv-00778-GMS

Document 1-2

Filed 11/29/2007

Page 2 of 3

Case 1:07-cv-00778-GMS

Document 1-2

Filed 11/29/2007

Page 3 of 3

Case 1:07-cv-00778-GMS

Document 1-3

Filed 11/29/2007

Page 1 of 2

Case 1:07-cv-00778-GMS

Document 1-3

Filed 11/29/2007

Page 2 of 2

Case 1:07-cv-00778-GMS

Document 1-4

Filed 11/29/2007

Page 1 of 2

Case 1:07-cv-00778-GMS

Document 1-4

Filed 11/29/2007

Page 2 of 2

Case 1:07-cv-00778-GMS

Document 1-5

Filed 11/29/2007

Page 1 of 2

JS 44 (Rev. 11/04)

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THIS FORM.)

I. (a) PLAINTIFFS
LIFE INSURANCE COMPANY OF NORTH AMERICA

DEFENDANTS
CONNIE CRENSHAW, KENDAL M. HONIE and AARON E. HONIE

(b)

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (EXCEPT IN U.S. PLAINTIFF CASES)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW CASTLE COUNTY, DELAWARE
(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED

(c)

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

ATTORNEYS (If Known)

Sean J. Bellew, Esquire and David A. Felice, Esquire - Cozen O'Connor , Chase Manhattan Centre, 1201 North Market Street, Suite 1400, Wilmington, DE 19801 - (302) 295-200

II. BASIS OF JURISDICTION
1 U.S. Government Plaintiff 2 U.S. Government Defendant

(Place an "X" in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only) Citizen of This State Citizen of Another State Citizen or Subject of a Foreign Country PTF 1 2 3 DEF 1 2 3

3 Federal Question (U.S. Government Not a Party) 4 DIVERSITY (Indicate Citizenship of Parties in Item III)

(Place an "X" in One Box for Plaintiff and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business in This State Incorporated and Principal Place of Business in Another State Foreign Nation 5 6 5 6

IV. NATURE OF SUIT (Place an "X" in One Box Only)
CONTRACT
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

TORTS PERSONAL INJURY
310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury

FORFEITURE/PENALTY PERSONAL INJURY
362 Personal Injury-Med Malpractice 365 Personal Injury-Product Liability 368 Asbestos Personal Injury Product Liability 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs 660 Occupational Safety/Health 690 Other

BANKRUPTCY
422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

OTHER STATUTES
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

PROPERTY RIGHTS
820 Copyrights 830 Patent 840 Trademark

PERSONAL PROPERTY
370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability

LABOR
710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt. Reporting &Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY
861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

REAL PROPERTY
210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

CIVIL RIGHTS
441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights

PRISONER PETITIONS
510 Motions to Vacate Sentence

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff or Defendant) 871 IRS - Third Party 26 USC 7609

Habeas Corpus:
530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

V. ORIGIN
1 Original Proceeding

(Place an "X" in One Box Only)

2 Removed from State Court

3 Remanded from Appellate Court

4 Reinstated or Reopened

5 Transferred from another district (specify)

6 Multidistrict Litigation

7 Appeal to District Judge from Magistrate Judgment

(Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION

28 U.S.C. § 1335
Brief description of cause:

Complaint to interplead life insurance proceeds.

VII. REQUESTED IN COMPLAINT: VIII. RELATED CASES(S) IF ANY
DATE

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23
(See instructions):

DEMAND $

Check YES only if demanded in complaint:

JURY DEMAND:
DOCKET NUMBER

YES

NO

JUDGE SIGNATURE OF ATTORNEY OF RECORD

11/29/2007
FOR OFFICE USE ONLY RECEIPT# AMOUNT

/s/ Sean J. Bellew

APPLYING IFP

JUDGE

MAG. JUDGE

Case 1:07-cv-00778-GMS

Document 1-5

Filed 11/29/2007

Page 2 of 2

JS 44 Reverse (Rev. 11/04)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box I or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section

for each principal party.
IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an "X" in one of the seven boxes.

V.

Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case 1:07-cv-00778-GMS

Document 1-6

Filed 11/29/2007

Page 1 of 1