Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00511-LPS

Document 19

Filed 12/07/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK Plaintiff, v. JAMES R. WITHROW and MYUNG PHAM LEGRO Defendant. : : : : : : : : : : :

Civil Action No. 07-511-LPS

ANSWER TO INTERPLEADER COMPLAINT Defendant Myung Pham LeGro, ("LeGro") by and through her undersigned counsel, hereby answers the complaint in this action as follows: 1. On or about August 21, 2007 Plaintiff The United States Life Insurance

Company in the City of New York ("US Life") initiated this action by interpleader complaint pursuant to Fed. R. Civ. P. 22 and 28 USC § 1335. 2. On or about November 28, 2007 this Court entered an order granting US Life's

motion to deposit funds with the clerk and requiring defendants Legro and James R. Withrow ("Withrow" and collectively with Legro, "Defendants"), to file an answer establishing why it has the right to the proceeds of Lisa P. Withrow's ("Decedent") life insurance policy (the "Policy"). 3. LeGro is the sister of Decedent and Legro provided care and comfort to

Decedent prior to her death. 4. Prior to her death, Decedent requested a Group Life Insurance Beneficiary

Designation Form (the "Designation Form") from her employer Playtex Products, Inc. ("Playtex").
WM1A 154971v1 12/07/07

Case 1:07-cv-00511-LPS

Document 19

Filed 12/07/2007

Page 2 of 2

5. the Decedent. 6.

Thereafter, a representative from Playtex delivered the Designation Form to

Decedent executed the Designation Form with LeGro as the 100% primary

beneficiary of the Policy. 7. Decedent was competent to execute the Designation Form and did so of her

own free volition and in the presence of witnesses. 8. LeGro has the sole right to the proceeds of the Policy because the Decedent

designated LeGro as the 100% primary beneficiary of the Policy. WHEREFORE, Defendant Myung Pham LeGro requests that this Court enter an Order, a. Declaring that Defendant James R. Withrow has no claim to the Policy

benefits, and that Defendant Myung Pham LeGro is the sole beneficiary under the Policy and entitled to receive the benefits; b. Awarding LeGro compensatory damages against Defendant James R.

Withrow, to include the costs of delay and the costs of this proceeding, including counsel fees, as well as any other compensatory damages proved at trial; c. Awarding such other relief as the Court deems just and proper. FOX ROTHSCHILD LLP /s/ Seth A. Niederman, Esquire Seth A. Niederman, Esquire (No. 4588) 919 N. Market Street, Suite 1300 P.O. 2323 Wilmington, DE 19899-2323 Tel: (302) 622-4238 / Fax: (302) 656-8920 [email protected] Attorneys for Defendant, Myung Pham Legro Dated: December 7, 2007

WM1A 154971v1 12/07/07

Case 1:07-cv-00511-LPS

Document 19-2

Filed 12/07/2007

Page 1 of 1

CERTIFICATE OF SERVICE The undersigned hereby certify that two (2) copies of the attached pleading were served this 7th day of December, 2007 on the following individuals by First Class Mail, postage prepaid: Carolyn S. Hake, Esquire ASHBY & GEDDES 500 Delaware Avenue P.O. Box 1150 Wilmington, Delaware 19899 Kevin A. Guerke, Esquire SEITZ VAN OGTROP & GREEN, P.A. 222 Delaware Avenue, Suite 1500 P.O. Box 68 Wilmington, Delaware 19899

/s/ Seth A. Niederman, Esquire Seth A. Niederman, Esquire (No. 4588)

WM1A 155512v1 12/07/07