FILED IN
The Court of Appeals
Sixth District
RECEIVED lr* m, * 0 onir
The Court of Appeals 'JUL I *• iU ID
Sixth District
MAY 27, 2015
MAY 2 9 2015 Texarkana, Texas
Debra K. Autrey.CGte'rk
T^aikana^exa^ppELLATE
Debra CASE CASE
Aulrey, Cle^ TRIAL C0URT NUMBERNUMBER
06-15-0026-CV
80g96
ROBERT YURIK - PLAINTIFF
VS. . •
STONEBRIDGE LIFE INSURANCE COMPANY
AND DEFENDANTS
\
ERNESTINE PHILLIPS
THIS DOCUMENT AND ITS CONTENTS SHALL SERVE AS A PRO SE
APPEALLATE BRIEF WITH REGARD TO THE ABOVE REFERENCED CASE
NUMBER(S). ROBER YURIK, THE PLAINTIFF IN THE APPELLATE PHASE OF
THIS CASE (APPELLANT, IS SUBMITTING THE ARGUMENT OF APPEAL AS
PRO SE.
TABLE OF CONTENTS
1. STATEMENT OF FACTS
2. ARGUMENT
3. CONCLUSION
4. CERTIFICATE OF SERVICE
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 REGARDING PAYOUT ON LIFE
INSURANCE POLICY NUMBER 72L4794438 FOR DARLENE I TRAINOR.
THE DECISION OF JUDGE ANDREW BENCH, 196TH JUDICIAL DISTRICT
COURT IN HUNT COUNTY, WAS TO PAY THE REMAINING AMOUNT OF
$5,000.00 DUE TO ERNESTINE PHILLIPS, THE MOST RECENT BENEFICIARY
ON RECORD WITH STONEBRIDGE LIFE INSURANCE COMPANY.
MR YURIK MAINTAINS THE OPINION, THAT, DUE TO NUMEROUS UNCLEAR
INFORMATION ON THE BENEFICIARY CHANGE FORM LAST SUBMITTED PRIOR
TO MS. TRAINOR'S DEATH, IT IS IMPOSSIBLE TO ACCEPT AND
INCORPORATE THE ,FORM AS VALID.
SEVERAL AREAS OF THE FORM WERE DISCUSSED;:
THE QUESTIONABLE HANDWRITING IN GENERAL AS COMPARED TO PRIOR
BENEFICIARY CHANGE FORMS AND OTHER LEGAL DOCUMENTS COMPLETED AND
SIGNED BY MS. TRAINOR;
SCRATCHED OUT INFORMATION WITH NO INITIALS INDICATING THE
ACKNOWLEGEMENT OF THE CHANGE;
THE DATE SIGNED BY THE BENEFICIARY AT THE BOTTOM OF THE FORM HAS
NO RECOGNIZABLE FORMAT TO INDICATE WHEN THE FORM WAS COMPLETED
FOR SUBMISSION
ALTHOUGH THE DATES WERE DISCUSSED AND DISPUTED, NO FORMAL ANSWER
WAS GIVEN BY THE COURT REGARDING THE NUMBERS ENTERED AS "DATE"
BY THE BENEFICIARY TO MEMORIALIZE THE FORM
THE COURT RULED THAT BECAUSE NO HANDWRITING EXPERT WAS AVAILABLE
TO DISPUTE THE HANDWRITING ON THE FINAL DOCUMENT, IT WAS NOT A
VALID ARGUMENT
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.
ARGUMENT
THE BENEFICIARY CHANGE FORM IS AN INSTRUMENT TO RECORD CHANGES
MADE TO THE LIFE INSURANCE POLICY, BUT EQUALLY AS IMPORTANT, TO
DETERMINE WHEN THOSE CHANGES SHOULD BE ENFORCED.
IN THIS CASE, THE TRIAL JUDGE STATED THAT THE NUMBERS ENTERED
INTO THE "DATE" SECTION AT THE BOTTOM AREA OF THE FORM NEAR THE
i*f#C
SIGNATURE ARE, IN HIS OPINION, SIMPLY A STRING OF NUMBERS NOT
REPRESENTING ANY DATE FORMAT. • *»\&h
THE BENEFICIARY CHANGE FORM CONTAINS A CLAUSE AT THE BOTTOM
"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. "
ALTHOUGH THIS DATE WAS DISCUSSED, IT WAS NOT CONSIDERED IN THE
COURT'S DECISION.
SINCE THIS STATEMENT IS USED TO ENFORCE THE DATE TO BE
EFFECTIVE, IT IS IMPERATIVE TO KNOW WHAT DATE MS. TRAINOR SIGNED'
THE FORM. IT IS IMPOSSIBLE TO KNOW THIS, AS PREVIOUS LEGAL
DOCUMENTS SIGNED BY MS. TRAINOR WERE NOT IN THIS FORMAT, AND
THERE IS NO WAY TO DECIPHER WHAT DATE WAS INTENDED.
IT IS MR. YURIK'S OPINION THAT THIS FORM SHOULD NEVER HAVE BEEN
ENTERED AS VALID, AND RESPECTFULLY REQUESTS THAT THIS FORM BE
RULED INVALID; AND THE PREVIOUS BENEFICIARY CHANGE FORM, WITH A
VALID, RECOGNIZABLE DATE FORMAT, REMAIN AS THE LAST SURVIVING
FORM AT THE TIME OF DARLENE I TRAINOR'S DEATH.
CONCLUSION
THE APPELLANT REQUESTS THAT THIS COURT REVERSE THE FINAL
JUDGEMENT ENTERED BY THE TRIAL JUDGE ANDREW BENCH AND ENTER -
ORDERS TO INVALIDATE THE MOST RECENT BENEFICIARY CHANGE FORM
ENTERED INTO RECORD BY STONEBRIDGE LIFE INSURANCE COMPANY.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT A COPY HAS BEEN FURNISHED TO STONEBRIDGE LIFE INSURANCE COMPANY
AND ERNESTINE PHILLIPS BY MAIL DELIVERY ON MAY 28, 2015.
ROBERT YURIK
1004 JERNIGAN STREET
COMMEjtfgi, 7EXA£754:
BY:
ROBERT YURIK