Date: 04-03-2014

Case Style: Jeff Joseph v. Missy Renee Dale

Case Number: CJ-2014-25

Judge: Park K. Woodward

Court: District Court, Garfield County, Oklahoma

Plaintiff's Attorney: David Henneke and Justin Lamunyon

Defendant's Attorney: David C. Henneke

Description: COMES NOW, the Plaintiff, and for his cause of action, states:

1. Jeff Joseph is an individual residing in Garfield County, Oklahoma and is the only heir of his father, Thomas Joseph.

2. Thomas Joseph was an individual residing in Garfield County, Oklahoma, who was killed on December 16, 2013, in his home in Enid, Garfield County, Oklahoma, as a result of “penetrating gunshot wounds to the head.” A probate action has been filed in Garfield County, Oklahoma to probate Thomas Joseph’s Estate and Jeff Joseph has asked to be appointed as the personal representative of that Estate.

3. Defendant, Missy Renee Dale is an individual, believed to be residing in Garfield County, Oklahoma.

4. Russell Curtis is an individual, believed to be residing in Garfield County, Oklahoma.

5. Raymond James Financial Services, Inc., is a Florida corporation, with an office located in Oklahoma City, Oklahoma, with whom Thomas Joseph had a financial account, #3 8804004. Count 1 — Wrongful Death

6. Defendants Missy Renee Dale (hereinafter, ‘Dale’) and Russell Curtis, (hereinafter, ‘Curtis’) caused the death of Thomas Joseph on December 16, 2013 by acting in concert, each with the other, to shoot Thomas Joseph two times.

7. The death was unlawful and without justification.

Wherefore, Plaintiffs pray for damages in excess of $75,000 as a result of the wrongful death. Count 2— Slayer Statute

Paragraphs 1-7 are incorporated by reference.

8. Dale is listed as a beneficiary of an account (Account # 38804004) held at Raymond James Financial Services, Inc.

9. Pursuant to 84 O.S. §23 1, because Dale has taken, caused, or procured another to take the life of Thomas Joseph, Dale is barred from receiving any proceeds from this account, and is likewise barred from receiving any funds or property as a joint tenant, payable on death beneficiary, transfer on death beneficiary, or any other inheritance from Thomas Joseph or his Estate.

Wherefore, Plaintiffs pray for an Order prohibiting Missy Dale from receiving the proceeds from the account held by Raymond James Financial Services, Inc., or any other entity or account holder of an account or certificate or policy that was or is owned by Thomas Joseph or his estate, or in which Thomas Joseph had an interest at the time of his death.

Count 3 — Common Law Slayer Rule

Paragraphs 1-9 are incorporated by reference.

10. In the event that 84 O.S. §231 does not apply to this particular account, alternatively, Oklahoma has adopted the common law Slayer Rule that a person cannot benefit from that persons criminal acts, and the Slayer Rule prevents Defendant Dale from receiving these funds.

Wherefore, Plaintiffs prays, in the alternative to Count 2, for an Order prohibiting Missy Dale from receiving the proceeds from the account held by Raymond James Financial Services, Inc., or any other entity or account holder of an account or certificate or policy that was or is owned by Thomas Joseph or his estate, or in which Thomas Joseph had an interest at the time of his death.

Count 4— Interpleader

Paragraphs 1-10 are incorporated by reference.

11. The Defendant Raymond James Financial Services, Inc., is holding funds from Account #3 8804004, opened by Thomas Joseph.

12. There are two claimants to this fund, the Plaintiff and the Defendant Dale.

13. Defendant Dale claims an interest to these funds by virtue of the beneficiary designation.

14. The Plaintiffs claim an interest to the funds by pursuant to the Oklahoma Slayer Statutes, 84 O.S. §231 andJor the common law Slayer Rule, which prohibit Defendant Dale from receiving this funds.

Wherefore, Plaintiffs prays for Order directing Defendant Raymond James Financial Services, Inc., to interplead these funds to the Garfield County Court Clerk until such time as the Court can determine which of the two claimants to these funds, is entitled to receive them.


ANSWER AND COUNTER CLAIM

COMES NOW the Defendant, Russell Curtis, by and through his undersigned attorney, David C. Henneke, and for his Answer and Counter Claim would state as follows:

1. This Defendant admits the allegations contained in paragraph 1.

2. This Defendant denies the allegation that Thomas Joseph was killed. Thomas Joseph committed suicide on December 16, 2013.

3. This Defendant admits the allegations contained paragraphs 3, 4 and 5.

4. This Defendant denies the allegations contained in paragraphs 6 and 7 and demands strict proof thereof.

5. This Defendant admits the allegation contained in paragraph 8.

6. This Defendant denies the allegations contained in paragraph 9 and demands strict proof thereof

7. This Defendant denies the allegations contained in paragraph 10 and demands strict proof thereof.

8. This Defendant admits the allegations contained in paragraphs 11, 12 and 13.

9. This Defendant denies the allegations contained in paragraph 14 and demands strict proof thereof.

AFFIRMATIVE DEFENSES

10, This Defendant would plead the following Affirmative Defenses:

a. Estoppel

b. Laches

11. This Defendant further pleads that Plaintiffs Petition is “frivolous” and asserted in bad faith or without any rational argument based in facts to support the allegations of the Plaintiff. COUNTER CLAIM OF THE DEFENDANT RUSSELL CURTIS

COMES NOW the Defendant, Russell Curtis, and for his Counter Claim against the Plaintiff, Jeff Joseph, individually and Jeff Joseph, the Personal Representative of the Estate of Thomas Joseph, would allege as follows:

1. Plaintiff, Jeff Joseph, individually and Jeff Joseph, the Personal Representative of the Estate of Thomas Joseph, alleges in his Petition filed on February 7, 2014, with the District Court of Garfield County, State of Oklahoma, Case No. CJ-20l4-25-01 that the Defendant, Russell Curtis, “caused the death of Thomas Joseph on December 16, 2013, by acting in concert, each with the other, to shoot Thomas Joseph two times.”

2. Plaintiff, Jeff Joseph, individually and Jeff Joseph, the Personal Representative of the Estate of Thomas Joseph, has also pled and alleged in paragraph 7 of said Petition that the “death was unlawful and without justification.”

3. Plaintiff, Jeff Joseph, individually and Jeff Joseph, the Personal Representative of the Estate of Thomas Joseph, has pled and alleged in paragraph 9 of said Petition that “because Dale has taken, caused, or procured another to take the life of Thomas Joseph, Dale is barred from receiving any proceeds from this account. .

4. That these allegations are allegations of criminal acts such as First Degree Murder, Second Degree Murder, and/or Manslaughter.

5. That these allegations are defamatory, falsehoods, lies, and are untruthful.

6. That the Plaintiff, Jeff Joseph, individually and Jeff Joseph, the Personal Representative of the Estate of Thomas Joseph, by filing his Petition with the District Court of Garfield County, has published his libelous and slanderous allegations and statements to the public and the whole world by virtue ofthe fact that the Garfield County District Court Clerk filings are public record and can be accessed by the Oklahoma Supreme Court Network (OSCN).

7. That these criminal allegations of murder or manslaughter are libelous and slanderous, per se, intended to be malicious and defamatory by the Plaintiffs and the Defendant, Russell Curtis, is entitled to a money judgment against the Plaintiffs, jointly or severally, in a total sum of One Million Dollars.

8. That because the Plaintiff, Jeff Joseph, individually and Jeff Joseph, the Personal Representative of the Estate of Thomas Joseph, knew these allegations to be falsehoods, lies and not truthful, and further acted intentionally and with malice towards the Defendant, the Defendant, Russell Curtis, is entitled to punitive damages against the Plaintiff in the sum of $500,000.00.

WHEREFORE, Defendant, Russell Curtis, respectfully prays that the request of the Plaintiff, Jeff Joseph, individually and Jeff Joseph, the Personal Representative of the Estate of Thomas Joseph, be denied and that he be granted ajudgment against the Plaintiff, Jeff Joseph, individually and Jeff Joseph, the Personal Representative of the Estate of Thomas Joseph, for actual damages in the sum of One Million Dollars and punitive damages in the sum of $500,000.00, jointly and/or severally, and for such other and further relief to which this Defendant, Russell Curtis, is entitled, including a reasonable attorney’s fee and court costs expended in this matter.

Outcome: Dismissed with prejudice as to Raymond James Financial Services, Inc.

Plaintiff's Experts:

Defendant's Experts:

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