2331? 9 VIRGINIA sag/g: a5}, IN THE CIRCUIT COURT OF FAIRFAX COUNTY 510 AMERICO FINANCIAL LIFE AND ANNUITY INSURANCE COMPANY Plaintiff, v. Case No.: CL2017-05488 ABID A. AWAN, et al., Defendants. ABID A. OPPOSITION TO MOTION FOR LEAVE TO FILE LATE PLEADINGS COMES NOW the Defendant/Cross-Claimant, Abid A. Awan and for his Opposition to the Motion for Leave to File Late Responsive Pleadings and Opposition to Default Judgment of Defendant Samina/Cross-Defendant Samina Ashraf Gilani (?Gilani?) states as follows: 1. on Gilani by posting on the door of her residence on April 25, 2017. 2. Not only has Gilani defaulted by failing to respond to the Cross-Claim, but she also defaulted by failing to reSpond to Americo?s Complaint, which was served on her by posting on April 21, 2017. Gilani?s False Characterization of the Facts 3. Gilani?s Motion states a number of falsehoods, designed to prejudice the Court against Awan. 4. Gilani falsely states that Awan gained control over the mind of his father, Muhammad Ashraf Shaw, and bended his father?s will toward Awan?s own gain. 5. In fact, the Deceased?s actions in transferring the policy to Awan were entirely voluntary and knowing, as witnessed by two individuals (see Plaintiff 5 Exhibit 4, attached) As stated in his Motion for Default Judgment, Awan?s Cross-Claim was properly served and as 10. 11. 12. 13. . In any event, as the rightful owner of the Policy, Awan was entitled to change the shown by a video that was made at the time that the Deceased signed the relevant document. Paragraph 13 of Gilani?s Motion falsely states that Awan sought to change the primary bene?ciary to himself on January 17, 2017, ?after the death of Deceased.? In fact, as Americo?s Complaint states, Awan sought to change the primary bene?ciary tc himself on December 16, 2017, but neglected to notarize the form. Americo noti?ed Awan that a new form was necessary. As such, a new one was notarized on January 17, 2017 (see Plaintiff Exhibits 5 through 7, attached). bene?ciary designation. In Paragraph 8 of her Motion, Gilani falsely accuses Abid of misstating his father?s marital status on the death certi?cate. In fact, Abid was not the informant on the Death Certi?cate, as Box 24 of the form clearly shows (See Gilani?s Exhibit B, attached), and cannot attest to why the form was marked ?divorced.? Gilani?s allegations about alleged threats are also completely false. All of the above allegations were concocted by Gilani solely out of animosity toward Awan and his siblings and in the hopes of recovering the life insurance proceeds. There is no ?good cause: for ?ling late responsive pleadings Rule 3 :19(b) requires Gilani to show ?good cause? for the failure to ?le a timely responsive pleading. Gilani has not done so. Notably, Gilani does not allege that she was not served with the Complaint or the Cross- Claim. Nor does she allege that service was in any way de?cient. In fact, Gilani pointedly avoids mentioning when she received notice of either document. She clearly The fact that Gilani may have been using that time to ?nd an attorney is not an excuse. admits that she knew about these documents, as she ?consulted with Northern Virginia Legal Services? about them. The Summons on each document clearly stated the consequences of a default. Although there are several cases where the court found that default was not warranted where the attorney was at fault, and the responding party was blameless, this is not one of those cases. See, Naumcm v. Samuel, 73 Va. Cir. 411, 2007 WL 6013601, at *2 (2007) (discussing cases where the default was the result of the attorney?s negligence, no f?l? the defendant?s). Nor is this like the cases where Plaintiff took some action to mislead the defendant into believing the case was not progressing. See, Emrich v. Emrich, 9 Va. App. 288, 293, 387 274, 276 (1989). ?Trial courts may properly refuse an extension where the delay is due to negligence or carelessness on the part of a party.? Id. (quoting Cooper v. Davis, 199 Va. 472, 476, 100 691, 694?95 (1957). The delay in this case was clearly due to Gilani?s own negligence and carelessness, and not the negligence of her attorney or the misleading acts of the Plaintiff of the Cross- Claimant. Therefore, the Court need not consider the matter of prej udice. JB. Rhodenhizer Comm, Inc. v. Jupiter McGiZl Hous. Group, 50 Va. Cir. 357, 1999 WL 111-4673, at *1 (1999). Moreover, since Gilani?s Opposition to the Motions for Default Judgment is based entirely on the results of her Motion for Leave to File a Late Responsive Pleading, Gilani?s Opposition should be denied. WHEREFORE Abid A. Awan, Defendant/Cross-Claimant, respectfully requests that this Court deny Gilani?s Motion for Leave to File Late Answer, and grant Default Judgment to Awan. ReSpectfully Requested ABID A. AWAN ,4 By Counsel ?7 Jarnes T. Bacon, Esq. (VSB #22146) ALLRED, BACON, HALF HILL YOUNG, PC. 1 350 Random Hills Road, Suite 700 Fiirfax, Virginia 22030 (703) 352-1300 (703) 352-1301 Fax jbacon@abhylaw.corn Counsel for Abid A. Awan CERTIFICATE OF SERVICE 1, James T. Bacon, hereby certify that on May 30, 2017, a cepy of the foregoing Opposition To Motion For Leave To File Late Pleadings was served, via US. Mail and fax, to the following parties: Michael M. Hadeed, Jr., Esq. 510 King Street, Suite 400 Alexandria, Virginia 22314 Counsel for Samina Ashraf Gilani Robert B. Delano, Jr., Esq. Sands Anderson, PC 1111 East Main Street Richmond, Virginia 23219 Nov 19 2016 2:50:31?? Home Fax 732566754 page 1 I Americ Financial Life and Annuity insurance Company Home Of?ce: Dallas. Texas Administrative Of?ce: P. 0. Box 410288, Kansas City, MO 64141-02813 I OWNERSHIP CHANGE REQUEST Policy Number: 016 5' mm 0% P017751 A5 owner of the above desig?nared policy, i request {hat all bene?ts. rights and privileges incident is ownership of the policb,e,,icsted in the new owner named below. or to such new owner?s Executors. Admim'srraiors and r?Successor; and Assigns. r??w Ware ,4 ii I w. NEW PRIMARY OWE Date ofBirth: . 3% EM Relationship to of Trust (if applicable): (911 I . Address: I - . new PRIMARY owusags?emmaa: [xv/?7 Prini Title Or Trusteie if Ap?licajgg??f? natty orpeljury, certify mar the Social Seauriiy number provided on this form is true, correcr'. and Certi?cation - Under is); number could subject me to backup mandating. sentry that i am not now complete. i understand l?hal failure to film subject to backup NEW CONTINGENT OWN R: Name: Social Security #2 Datelof Birth: {Print lull nanTe iridividrial or trust.) I (Dr Trust JD to insdred or Date of Trust {if applicable): Address: . I NEW CONTINGE AUTOMATIC OWNERSHIE TRANSFER: in the event the owner precieceases the insuradlannuitant, ownership of said policy shall vest in the insured_ Signedathgl'naftOh DCthis ,dayof 155?!? City/8131611 Day Month Year x4, 1:54-67 X: Signature of Spouse1/62,. Witness"5po4.5.e? . . Signaturan w. magi" I Prim name oi Witness . ofAbw ?ll: YOU RESIDE IN ONE OF COMMUNITY PROPERTY STATES LISTED. YOUR SPOUSES SIGNATURE 13 YOU ARE DIVORCED. A COPY THE DIVORCE DECREE SHOWING ALL RIGHTS WERE GIVEN UP BY YOUR REQUIRED. iF YOUR SPOUSE Is DECEASED, A COPY OF THE DEATH CERTIFICATE IS YOUR RI CANNOT BE PROCESSED WITHOUT THIS DOCUMENTATION. COMMUNITY PROPERTY STATES: ARIZONA. GUAM. IDAHO. NEVADA. NEW MEXICO. TEXAS. 06?195-5 - 5 l' I 1 39/127 wur cur u? :uquDHLDu ULLHEVET 54 a" a ww 'c??m-ux w, - wo??g mama?rmamw 95623963 coWomgnm or many; tax-33mg"; .13me 03: Ban}: . 13mm}! 3.3563135 .mman?gaa JANUARY .173 2017? "-9.52 5; 51,7!" . 531mm 1(a- *?rf Ema: I, 3m?aigy law? Drama .64 I m: as mm - 9m: Pm?m 7.9 rm: airlqu maer symarzg'W7- "Bugs: Emma Damn? .. whammy magnum mm?: Emma: Egan-m Human-mm .- N35153me wmmwuamomn umnw 131-1115:an gnaw? :11:nt ?ui mam DW??gcm {an} .31mam-x} manna man _{jmm?m 53mm: mmnr?m?i" . 5? - rm?z??icommv I. .n {w 25.311; . i -. -- WMIW .., imm . i Mm? 33m?; 5w - - - a .15 unfa?qmasum . - - . in" I 3- ?Im?1?1 ?hm?rm haw-9 MAL mag-mg?. mamauc cram cmcmOm . 3VikiEmmi?mqmr, 'mmxm ?hams. hint-ureaHINDI nmann ?mam UNLEXE America Financial Life and Annuity Insurance Company Home Of?ce: Dallas, Texas Administrative Office: P. 0. Box 410288, Kansas City, MD 64141-0288 BENEFICIARY CHANGE REQUEST Policy Number. a 0 0/0 (37/ insured: Moo/35? Mj?/ ff'f? flail/j [if/Li PolicyOwner. if. [Mr/ea Subject to the provisions of the Policy and the rights of any Assignee of Record with the Company. it is requested that the Bene?ciary be change as follows: PRIMARY Name: 145/? It" M52 It. Relationship: I 0 (Print full name of individual or trust) (Or Date of Trust, if applicable) Address: 77/67 ?Q/c'a x7 fWJa/? V4 32 005 Name: Relationship: (Print lull name of individual or trust) (Or Date of Trust. if applicable) Address: Name: Relationship: (Print full name of individual or trust) (Or Date of Tmst. if applicable) Address: CONTINGENT BENEFKCIARIES: Name: Relationship: (Print full name of individual or trust) (Or Date of Trust, if applicable) Address: Name: Relationship: (Print full name of individual or trust) (Or Date of Trust. if app?cable) Address: if this request shall make any provision for children of any person as a class. the phrase shall include only lawful children of that person, including any legally adOpted child. except as the term ?child? or ?children? shall be otherwise specifically defined in the request. it is understood and agreed that, unless otherwise directed, proceeds will be paid in equal shares to any primary bene?ciaries who survive the Insured. but if none survives, proceeds will be paid in equal shares to any contingent bene?ciaries who survive the insured. i?wow?areud Signedat 6 - ,this .dayof 1Day CityIStale 'Month Year P1317537 Owner Signature of Policy Owner (iprplicable) Signature of Witness Print name of Witness ?For Additional Designations, please use the next page?Both Pages must be signed and dated by the policy owner and a Witness 06-1 95-1 2 1 9/1 27 a 160x 4162's:- 5:35;. Gig-y. $10541 ?49.32. ass-3:231 mo: January- HL. 201? ASH) ix 25mm F118 Fawn: VA 22003- Poiicy Number; Rec? Mphammad?Aghrai .Ame?do? Financial? Ljf?? Annuity E'nsgirance Cbmpain-y' 335. Deay'Abid jA' Away: Ycu:r-request r?gard'zng ?1192 shave {is-?ea pa?cy has Eiffel}. raceived. ngeven '97] c-rqsar progress the request we. th: {showing Informatidn: Signaturecn?r??uem' c1993- n?ar-appear' match Gar? rises aces; nut our notarized signature is reached. (X) Flee as complete and :?he So 12:; we may be??eg-asSi?t yam! gieasegrovide you: current. addressend' wee-phone number.- This w'in' gags; Us.th Keeping your pailicy'infoma?aa updare'3-595; . .15 t3 5 ?1 (Poiticy Owner?s-Current Address and Telephone?Number} h; q; w, ,7 :95} .-.- The nk you fa: this ecport'uh?y?ibbe of eggs-tame for your ii'yfou-Vhaxfe turt?hgr qu?gtions qr congema; phase sumac?er Cusisnrzer Se vice Departmem at {he {sea telephone number ?sted above and we xvs'is' be happy {Os?be of assistance. Sincerely._ Claims Be??a?ment Encjosurefs}: ?ene?ciary Change ?etumEF-veiope? $1:pcrh$p Finmxri? Life. 39;} Imam?. {format} Th; {talk-3H SSE \Nf Amalia} L31: ih'mtc'ucc Cu Chin 1.61" x?im?w 53:? Ca. Uniud Hlk?rf.? Lug ?'r?nnm Fan-nus Fri-255:6 r1133. (in. "??mma Awaits.- Cuknpii'nits 756135312;ch by rhz. :mmiko 95mm uf?aupmiwz-mu-uh-c m: to. zi?mtg-tg; Otis-Lia: 3m.) mm}- Lift and-H nun-mg. Cc. {main Gummy Lift! {39?le ngu?m-crv :gl?om?u-r bib. Cu.) ?gure): Min Em. Cu. ?amisamm LLi'r mum; :zwuraoce Compm?y {twin-1 t: (him! Lin. 9! Omaha) unvouin 15,11: Erma-mm. u:jNY I?irxit ?stulj? 5&5:de gf Ska-"5? m;k) L?h'numso fife Swami-c figmwb' Massadwfe?n-z' Crrna'tl ijjc. r313 - :51: mum-mgr. j?mpgru'x" nr .x?umh {lamina Aibrmr. #nd Ll Antc??m' ark-mun 13in) 18/127 BENEFICIARY REQUEST Policy Number: insured: Ashraf Shah, Muhammad Current Policy Dimer. Awan.Abid A Owner's Current Mailing Address: 7110 Falcon St Annandale, VA 22003 Subject to the provisions or the Policy and the rights of an requested that the Beneficiary be change as follows: PRIMARY BENEFICIARIES: If {Prim full norm: 01 or trust.) it Assignee ol Record with the Company. it is Name: Relationship: 1L [Dr Data 01 Trust. if applicable) Address: Fa/d?? f7 fwd/W Va 2 2003 Name: Relationship: (Print full name of individual or trust) (Or Date 0! Trust. il' dpp?cabte) Address: Name: Relationship: (Print full name at Individual or trust) (Or Date or Trust, it eppncabte) Address: CONTINGENT BENEICLARIES: Name: Relationship: (Print lu? name of or trust} (Or Date of Trust. ii applicable) Address: Name: Relationship: (Prim run name of in?MtIuai or trust) (Or Date of Trust. if applicabic) Address: if this request shall make any provision for children of any person as a class. the phrase shall include only lawful children of that person. including any legally adopted child, except as the term *child? or ?dl?iildrerna shall be otherwise speci?cally de?ned in the request. it is understood and agreed that, unless otherwise directed. proceeds wiil be paid in equal shares to any primary bene?ciaries who survive the insured, but if none survives, proceeds will be paid in equal shares ?wumnt?o any contingent bene?ciaries who survive the insured. 012%. f?o?gvm-?bf?dgt dilihe 11 .this 1 7- ,day or I . .3003" NOTARY $5 I CtryiState 1 Month Yeaf Pursue . z' a rrentPolicym/? 4557/7 32:: Print name of?Mtnes Res. ww?gure?of Air Oirrent Policy Owners MY Igrater:eaten d; 1130 ?u-o .- . ?For Additional Designations. please use the next poiicy owner and 2: Witness. . .l I aged-.55 page?Both Pages must be signed and dated by the #03 17/127 VIRGINIA AMERICO FINANCIAL LIFE AND ANNUITY INSURANCE COMPANY, Plaintiff, v. Case ABID AWAN Defendant and Cross-Claimant and SAMINA ASHRAF GILAN I Defendant and Cross-Defendant MOTION FOR DEFAULT JUDGMENT ON CROSS-CLAIM COMES NOW Defendant/Cross-Claimant, Abid A. Awan, by counsel, and in support of this Motion for Default Judgment on Cross-Claim states as follows: I. This matter was initially ?led as a Complaint for Interpleader, by Plaintiff Americo Financial Life and Annuity Insurance Company (?Americo?) to interplead life insurance funds, naming Abid Awan (??Awan? or ?Cross- Claimant?) as a defendant, along with Samina Ashraf Gilani (?Gilani? or ?Cross- Defendant?). Awan subsequently ?led an Answer and Cross-Claim, cross?claiming against Gilani to obtain the life insurance proceeds that Americo deposited into the Court Registry. Such proceeds rightfully belong to Awan, as Awan is the rightful beneficiary of the Policy referenced in Paragraph 8 of Plaintiff Complaint. b) On April 25, 2017, the Answer and Cross-Claim was served on Gilani by posting on the front door of her residence at 6834 Kenyon Drive, Alexandria, Virginia - (see attached af?davit). 4. As of the date of this Motion, the Defendant has failed to ?le a responsive pleading of any sort, either to Americo?s Complaint, or to Awan?s Cross-Claim. 5. On May 18, 2017, Awan?s counsel mailed, by ?rst class mail, a copy of the Complaint and the Answer and Cross?Claim to 6834 Kenyon Drive, Alexandria, Virginia, in compliance with Virginia Code 8.01 -296 (see attached letter of notice). 6. The Default Judgment is proper herein as ?the trial court has territorial jurisdiction, subject matter jurisdiction, and adequate notice has been given to the defaulting party.? Landcraft Company, Inc. vs. Kincaid, 220 Va. 865 (1980). 7. Awan seeks a default judgment in accordance with the prayer for relief in his Cross?Claim, namely, that Awan is the rightful bene?ciary of the Policy, and judgment that the funds Americo deposited into the Court?s registry be released to Awan. WHEREFORE Abid Awan requests that this honorable Court ?nd that Gilani is in default for failure to respond to the Cross-Claim, and grant the following relief: A. A declaratory judgment that Awan is the proper bene?ciary of the Policy; B. An order sating that the matter shall be continued to determine the disbursement of the interplead funds, as between the Plaintiff and Awan. C. Such other relief as the Court deems appropriate. Respectfully submitted ABID AWAN By Counsel /7 James T. Bacon, Esq. ALLRED, BACON, 11350 Random Hi (703) 352-1301 Fax jbacon@abhylaw.com Counsel for Abid A. Awan CERTIFICATE OF SERVICE 1, James T. Bacon, hereby certify that on the 19th day of May 2017, a copy of the foregoing Answer and Cross-Claim was mailed, via US. Mail, ?rst class, to: Robert B. Delano, Jr., Esq. SANDS ANDERSON, P.C., Bank of America Center, Suite 2400 1111 East Main Street, PO Box 1998 Richmond, Virginia 23218 Samina Ashraf Gilani 6834 Kenyon Drive Alexandria, Virginia 22307