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Sun Life Assurance Company of Canada v. The William & Julia Spadoni Survivorship Trust dated 11/1/92

United States District Court, D. South Carolina, Florence Division

November 6, 2018

Sun Life Assurance Company of Canada, Plaintiff,
v.
The William & Julia Spadoni Survivorship Trust dated 11/1/92; David Mikolajczyk as Trustee; The Spadoni Family Trust; and Edward B. Bowers, Jr., James S. Massey, David Mikolajczyk as Trustees; and Brenda Spadoni Zilonka individually and as the Beneficiary; Spadoni Irrevocable Trust I dated 3/7/95; and Leslie L. Anderson as Trustee; and David Mikolajczyk as Protector and Brenda Spadoni Zilonka, Individually and as a Beneficiary, Defendants.

          CONSENT ORDER TO DEPOSIT FUNDS, FOR INTERPLEADER, DISBURSEMENT OF FUNDS AND DISMISSAL

          R. BRYAN HARWELL UNITED STATES DISTRICT JUDGE.

         This is an interpleader action brought by Plaintiff Sun Life Assurance Company of Canada, ("Sun Life"), whereby Plaintiff seeks to deposit life insurance proceeds with the Court pursuant to Fed.RCiv.P. 22 and 67, Local Rule 67.01, and for an order dismissing it from the case with prejudice. This matter is before the Court on the parties' joint motion to deposit funds, for interpleader, for disbursement of funds, and for dismissal of Plaintiff from the action with prejudice. Based on the following findings of fact and conclusions of law, the parties' motion is granted.

         I. FINDINGS OF FACT

         1. Plaintiff is an insurance company duly organized and existing pursuant to the laws of the country of Canada, with its principal place of business in the United States in Wellesley Hills, Massachusetts and was licensed to sell individual life insurance in State of South Carolina.

         2. Defendant The William & Julia Spadoni Survivorship Trust dated 11/1/92 ("Survivorship Trust") is a trust identified as the applicant for a life insurance policy provided by Sun Life as is set forth in more detail herein below.

         3. Defendant David Mikolajczyk is a resident and citizen of Horry County, State of South Carolina and executed the application for life insurance as Trustee for the Survivorship Trust and the Family Trust.

         4. Defendant The Spadoni Family Trust ("Family Trust" or "1992 Trust") is a trust organized and existing pursuant to the laws of the State of South Carolina, located in Horry County, and the beneficiaries of the Family Trust are residents and citizens of the State of South Carolina, and are not residents and citizens of the Country of Canada.

         5. Defendants Edward B. Bowers, Jr. and James S. Massey are or were residents and citizens of Horry County, State of South Carolina and are or were also Trustees for Family Trust. James S. Massey is no longer living.

         6. Defendant Brenda Spadoni Zilonka, now known as Brenda Spadoni Bethune, is aresident and citizen of Horry County, State of South Carolina and is the beneficiary of both the Family Trust and of Trust I.

         7. Defendant Spadoni Irrevocable Trust I dated 3/7/95 ("Trust I") is a trust organized and existing pursuant to the laws of the State of South Carolina, located in Horry County, and the beneficiaries of the Survivorship Trust are residents and citizens of the State of South Carolina, and are not residents and citizens of the Country of Canada.

         8. Leslie L. Anderson is a resident and citizen of Greensboro, State of North Carolina and is or was a Trustee of Trust I.

         9. All known claimants to the proceeds of the Policy have been made parties to this action.

         10. This action is of a civil nature and involves a controversy between citizens of a state and citizens of a foreign state. The value of the matter in dispute exceeds the sum of $75, 000.00, exclusive of interest and costs. This action is one over which the District Court of the United States has original jurisdiction pursuant to 28 U.S.C. § 1332(a)(2). Venue is appropriate in this this District because certain Defendants reside and/or are located in this District, and a substantial part of the events giving rise to this claim occurred in this District.

         11. On or about December 10, 1992, David Mikolajczyk, as Trustee for the Survivorship Trust, applied for, and on December 15, 1992 received, a policy of life insurance from Plaintiff, Policy No. 9276712 (the "Policy"), in the face amount of One Million Nine Hundred Fifty Seven Thousand Eight Hundred and no/100s ($ 1, 957, 800.00) Dollars. The Policy was a joint and last to die policy. The application listed the Owner and the Beneficiary of the Policy as "The William & Julia Spadoni Survivorship Trust, Dated November 1, 1992". The ...


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