Post v. Sum of Ten Thousand Dollars

45 Pa. D. & C.2d 601, 1968 Pa. Dist. & Cnty. Dec. LEXIS 248
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedAugust 13, 1968
Docketno. 1008
StatusPublished

This text of 45 Pa. D. & C.2d 601 (Post v. Sum of Ten Thousand Dollars) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Post v. Sum of Ten Thousand Dollars, 45 Pa. D. & C.2d 601, 1968 Pa. Dist. & Cnty. Dec. LEXIS 248 (Pa. Super. Ct. 1968).

Opinion

Satterthwaite, P. J.,

The parties to this action seek a judicial determination of the separate and independent rights of estranged and divorced mother and father, respectively, to the proceeds of Servicemen’s Group Life Insurance payable by reason of the death of their son while on active duty in the United States Navy. The mother claims the entire fund of $10,000 on the basis that she had been designated sole beneficiary by her son, albeit inferentially and informally, and also on the alternative ground that the father, by his alleged abandonment and desertion of the son for many years prior to the latter’s military service, was not a “parent” within the meaning of the congressional enumeration of beneficiaries who would take in default of designation by the insured serviceman. The matter is before the court on the father’s preliminary objections to the mother’s pleading of her claim to the whole fund.

It must be noted at the outset that the procedural course of this litigation has been rather informal, and its present posture is somewhat ambiguous and uncertain. The action was commenced as one in equity by the mother’s complaint against Prudential Life Insurance Company of America as sole defendant. The latter was the insurer of the group policy pursuant to which the life of the serviceman in question was insured. The mother sought by instituting this action to enjoin the insurance company from making any payment under the policy to the father and to require that all proceeds be paid to her. No one has questioned her proceeding in this fashion. A preliminary injunction was issued, but the same lapsed for failure to hold a hearing for the continuance thereof. Instead, pursuant to written stipulation of counsel of record for, respectively, the mother, the insurance company and [603]*603the father, the court entered an order adding the father “to the record as a party plaintiff claiming proceeds” of the policy in suit. (The stipulation, in amplification, contemplated that the father be joined of record “as if he had been made a party by interpleader at the instance of the Prudential Life Insurance Company of America”.)

Pursuant to a further stipulation by counsel for all three parties, the court later entered another order authorizing the insurance company defendant to pay the $10,000 proceeds into court and thereupon to be discharged from all liability to either the mother or the father by reason of their son’s death. The fund was, in fact, so paid to the prothonotary, and the insurance company is now entirely out of the case. Still later, another stipulation was filed, agreeing that the caption of the case thereafter be styled “Elva S. Post (mother) and Clifton F. Post (father), plaintiffs, v. The Sum of Ten Thousand Dollars”, pursuant to Pennsylvania Rule of Civil Procedure 2301.

The purpose of these stipulations was apparently to bypass and obviate the more orderly documentation contemplated by Pa. R. C. P. 2302 to 2307, inclusive, relating to interpleader by defendants. Noth withstanding the informality of the record pleadings, we may regard the father’s present preliminary objections to the mother’s original complaint against the insurance company either as his statement of “Additional Matter” against the mother’s claim to the fund, as provided by Pa. R. C. P. 2309 (c), or as his manner of questioning the form and sufficiency of the mother’s pleading, as contemplated by Pa. R. C. P. 2312. The uncertainty implicit in the situation arises out of the failure of the stipulations and orders thereunder, as heretofore filed, to indicate the further course of these proceedings or the manner of ultimate final determination thereof. It is apparent that the parties have [604]*604had an understanding to disregard and bypass matters of form and procedure prescribed by the interpleader rules. They, and anyone else concerned, are hereby given notice that the court’s acquiscence in such informality of procedure should not be construed as an endorsement thereof, nor should the court be understood to have indicated in any way the manner in which the action will proceed, if the parties cannot agree thereon, after compliance with the order hereinafter entered in disposing of the instant preliminary objections. The parties are entirely “on their own” in these respects, at least on the present state of the record.

The mother’s complaint against the insurance company alleged the apparently undisputed facts of her status as mother of the insured serviceman, the latter’s entry into active service in the United States Navy in February 1966 and his death in such service on July 29,1967, while on board the U. S. S. Forrestal; and that the defendant insurance company was the insurer of his life under a specified Servicemen’s Group Life Insurance policy in the sum of $10,000 for which she had duly filed her claim with the appropriate agency. In denial of the claim to a share of such funds by her former husband as father of the insured, she alleged additional matters, the form, pertinency and sufficiency of which occasion the instant preliminary objections.

Although she had volunteered in paragraph 7 of the complaint that the insured had “filed” no beneficiary designation form “with defendant”, she apparently intended to allege circumstances which might permit her to assert an equitable designation of herself as such. Thus, in paragraph 8, she averred that her son had “designated [her] the beneficiary of his unpaid pay and allowances were he to die while in the active military service of the United States”. In paragraph [605]*6059, she further asserted that her son “orally advised [her] before embarking on the U. S. S. Forrestal that he wished her to be the beneficiary of the proceeds of the aforesaid insurance policy should he die”.

As an alternative ground for excluding the father, the mother’s complaint still further pleaded in paragraphs 13,14,15 and 16 the father’s alleged desertion of herself and their son since 1952, their divorce in 1954, his abandonment and nonperformance of any parental duties toward the son, his noncompliance with a support order for the son and the accumulation of $1,229 in arrearages thereon as of January 1964.

The father’s preliminary objections are three-fold in nature: Motions to strike off all of the paragraphs so specifically summarized above as “impertinent”; a motion for a more specific statement of paragraph 8 as to the manner of designation of the mother as beneficiary of the insured’s unpaid pay and allowances; and a demurrer.

Determination of the questions so raised depends upon the construction of certain phases of the 1965 Act of Congress setting up and regulating the Servicemen’s Group Life Insurance program. For the legislative history, certain of the committee reports and statements of purposes of this enactment, see U. S. C. Congressional and Administrative News, 89th Congress, first sess., 1965, vol. 2, p. 3232, et seq. No need is occasioned to make any elaborate or detailed summary of such objectives and insuring provisions, other than to note that Congress thereby established a program by which those on active duty in the armed services might obtain life insurance coverage, and the government might provide for the same at a minimum expense to the public, through a group policy or policies issued by an approved commercial company or companies, with every serviceman on active duty after the effective date thereof automatically insured, as a [606]*606member of the group, in the amount of $10,000 unless he specifically elected not to be insured or wished to be insured for only $5,000.

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Bluebook (online)
45 Pa. D. & C.2d 601, 1968 Pa. Dist. & Cnty. Dec. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/post-v-sum-of-ten-thousand-dollars-pactcomplbucks-1968.