Genworth Life and Annuity Insurance Company v. Hegermiller et al
Plaintiff: Genworth Life and Annuity Insurance Company
Defendant: Barbara Hegermiller-Smith and Lynn M. Kilar
Cross Defendant: Michael Hegermiller and Ritchelle T. Hegermiller
Case Number: 5:2023cv00139
Filed: March 22, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Referring Judge: Kimberly A Swank
2 Judge: Kimberly A Swank
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1335 Interpleader Action
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2023 Funds Received into Court Registry paid by Genworth Life and Annuity Insurance Company: $ 407,505.36, receipt number 500006357. (Stouch, L.)
September 15, 2023 Opinion or Order Filing 20 ORDER granting #19 Motion to Deposit Funds and for Discharge, Injunctive Relief, and Dismissal of Party With Prejudice. Signed by District Judge Terrence W. Boyle on 9/12/2023. Copy sent via US Mail to Lynn M. Kilar at 208 Wallnut Creek Lane, Toms River, NJ 08753. (Stouch, L.)
September 8, 2023 Motion Submitted to District Judge Terrence W. Boyle regarding #19 Joint MOTION to Deposit Funds and for Discharge, Injunctive Relief, and Dismissal of Party With Prejudice. (Sellers, N.)
August 21, 2023 Filing 19 Joint MOTION to Deposit Funds and for Discharge, Injunctive Relief, and Dismissal of Party With Prejudice filed by Genworth Life and Annuity Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order) (Crow, Nikole)
June 19, 2023 Filing 18 ANSWER to #13 Answer to Complaint,,, Crossclaim,, of Barbara Hegermiller by Ritchelle T. Hegermiller. (Mills, James)
June 19, 2023 Filing 17 ANSWER to #9 Answer to Complaint,,, Crossclaim,, of Lynn Kilar by Ritchelle T. Hegermiller. (Mills, James)
June 19, 2023 Filing 16 ANSWER to #13 Answer to Complaint,,, Crossclaim,, of Barbara Hegermiller by Michael Hegermiller. (Mills, James)
June 19, 2023 Filing 15 ANSWER to #9 Answer to Complaint,,, Crossclaim,, of Lynn Kilar by Michael Hegermiller. (Mills, James)
May 30, 2023 Filing 14 Financial Disclosure Statement by Barbara Hegermiller-Smith (Dunnagan, Scott)
May 30, 2023 Filing 13 ANSWER to #1 Complaint,,,, with Jury Demand of Defendant Barbara Hegermiller-Smith, First CROSSCLAIM against Michael Hegermiller, Ritchelle T. Hegermiller by Barbara Hegermiller-Smith. (Attachments: #1 Exhibit Defendant's Exhibit I - 2021 Power of Attorney, #2 Exhibit Defendant's Exhibit II - 2023 Power of Attorney, #3 Exhibit Defendant's Exhibit III - 2023 Codicil to Will, #4 Exhibit Defendant's Exhibit IV - 2021 Will, #5 Exhibit Defendant's Exhibit V - 2007 Deed, #6 Exhibit Defendant's Exhibit VI - 2023 Deed) (Dunnagan, Scott)
May 30, 2023 Filing 12 Notice of Appearance filed by Scott H. Dunnagan on behalf of Barbara Hegermiller-Smith. (Dunnagan, Scott)
May 30, 2023 Filing 11 Notice filed by Lynn M. Kilar , pro se, Notice of Self Representation. (Dunnagan, Scott)
May 30, 2023 Filing 10 Financial Disclosure Statement by Lynn M. Kilar (Dunnagan, Scott)
May 30, 2023 Filing 9 ANSWER to #1 Complaint,,,, with Jury Demand of Defendant Lynn M. Kilar, pro se,, First CROSSCLAIM against Michael Hegermiller, Ritchelle T. Hegermiller by Lynn M. Kilar. (Attachments: #1 Exhibit Defendant's Exhibit I - 2021 Power of Attorney, #2 Exhibit Defendant's Exhibit II - 2023 Power of Attorney, #3 Exhibit Defendant's Exhibit III - 2023 Codicil to Will, #4 Exhibit Defendant's Exhibit IV - 2021 Will, #5 Exhibit Defendant's Exhibit V - 2007 Deed, #6 Exhibit Defendant's Exhibit VI - 2023 Deed) (Dunnagan, Scott)
April 24, 2023 Filing 8 Waiver of Service Returned Executed filed by Genworth Life and Annuity Insurance Company. Lynn M. Kilar waiver sent on 3/28/2023, answer due 5/27/2023. (Crow, Nikole)
April 18, 2023 Filing 7 ANSWER to Complaint with Jury Demand by Michael Hegermiller, Ritchelle T. Hegermiller. (Mills, James)
April 18, 2023 Filing 6 Notice of Appearance filed by James J. Mills on behalf of Michael Hegermiller, Ritchelle T. Hegermiller. (Mills, James)
March 23, 2023 Filing 5 Summons Issued as to Michael Hegermiller, Ritchelle T. Hegermiller, Barbara Hegermiller-Smith, Lynn M. Kilar. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
March 22, 2023 Filing 4 Notice of Special Appearance for non-district by Nikole M. Crow on behalf of Genworth Life and Annuity Insurance Company. (Crow, Nikole)
March 22, 2023 Filing 3 Notice of Appearance filed by Sonny S. Haynes on behalf of Genworth Life and Annuity Insurance Company. (Haynes, Sonny)
March 22, 2023 Filing 2 Financial Disclosure Statement by Genworth Life and Annuity Insurance Company identifying Corporate Parent Genworth Life Insurance Co., Corporate Parent Genworth North America Corp., Corporate Parent Genworth Holdings, Inc., Corporate Parent Genworth Financial, Inc. for Genworth Life and Annuity Insurance Company. (Haynes, Sonny)
March 22, 2023 Filing 1 COMPLAINT against Michael Hegermiller, Ritchelle T. Hegermiller, Barbara Hegermiller-Smith, Lynn M. Kilar ( Filing fee $ 402 receipt number ANCEDC-7000510.), filed by Genworth Life and Annuity Insurance Company. (Attachments: #1 Exhibit A - Policy, #2 Exhibit B - 2013 Beneficiary Designation, #3 Exhibit C - March 8, 2013 Letter, #4 Exhibit D - January 6 Beneficiary Designation, #5 Exhibit E - January 20, 2023 Letter, #6 Exhibit F - January 28 Beneficiary Designation, #7 Exhibit G - January 30, 2023 Letter, #8 Exhibit H - Certificate of Death, #9 Exhibit I - February 10, 2023 Letter, #10 Exhibit J - February 11, 2023 E-Mail, #11 Exhibit K - February 13, 2023 Letters, #12 Exhibit L - February 14, 2023 and February 16, 2023 Letters, #13 Exhibit M - February 16, 2023 Letters, #14 Exhibit N - Claim Form, #15 Civil Cover Sheet, #16 Proposed Summons for Michael Hegermiller, #17 Proposed Summons for Ritchelle T. Hegermiller, #18 Proposed Summons for Barbara Hegermiller-Smith, #19 Proposed Summons for Lynn M. Kilar) (Haynes, Sonny)

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Plaintiff: Genworth Life and Annuity Insurance Company
Represented By: Nikole M. Crow
Represented By: Sonny S. Haynes
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Cross defendant: Michael Hegermiller
Represented By: James J. Mills
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Cross defendant: Ritchelle T. Hegermiller
Represented By: James J. Mills
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Defendant: Barbara Hegermiller-Smith
Represented By: Scott H. Dunnagan
Represented By: Scott Hunter Dunnagan
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Defendant: Lynn M. Kilar
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