FILED IN

The Court of Appeals

Sixth District

RECEIVED lr* m, * 0 onir

TheCourt ofAppeals 'JUL I *• iUID

Sixth District

MAY 2 9 2015 Texarkana, Texas

Debra K. Autrey.CGte'rk

T^aikana^exa^ppELLATE CASE NUMBER 06-15-0026-CV Debra Aulrey, Cle^ TRIAL C0URT CASE NUMBER 80g96

MAY 27, 2015

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

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.

i*f#C
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