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Home My WebLink About11-9039C Steven Bloser, individually; Steven Bloser, Administrator of the Estate of Benjamin P. Bloser, deceased; and Steven Bloser Trustee Ad Litem on behalf of all individuals entitled to share in the proceeds for the wrongful death of Benjamin P. Bloser, deceased PlaintifflPetitioner vs in the Court of Common Pleas of Cumberland County, Pennsylvania r..,, r _ fy cep ? N T__, 2011 Civil Term 9039 Civil Action - Law 1st Choice Auto Insurance Company Petition for Approval of Partial Settlement and Distribution DefendantlRespondent Honorable Thomas A. Placey ORDER AND NOW, on this the Z0 day of February, 2013, the settlement of the liability claim is approved. The payment of $250,000.00 in liability insurance proceeds by 1st Choice Auto Insurance Company and $50,000.00 in excess liability insurance proceeds by Nationwide Mutual Insurance Company to the Estate of Benjamin P. Bloser is approved. The payment of underinsured motorist proceeds to the Estate of Benjamin P. Bloser, in the amount of $100,000.00 and the distribution as requested in the attached petition is approved. By the Court, 1• Thoma . Placey Common Pleas Judge c.lsd ks Ik <,, 1 ROLF E.KROLL,ESQUIRE Pa.Supreme Court I.D.No.47243 COLLEEN A.BAIRD,ESQUIRE Pa.Supreme Court I.D.No.311219 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill,Pennsylvania 17011 Telephone: 17171975-8114 Direct Dial: (717)760-7502 Attorneys for Defendant: Fax: 17171975-8124 1"Choice Auto Insurance Company,Inc. Steven Bloser, Administrator of the Estate In the Court of Common Pleas of of Benjamin Bloser, Deceased; and Steven Cumberland County, Pennsylvania Bloser, Individually and as Trustee Ad Litem, on behalf of all individuals entitled to share in the proceeds for the wrongful death of Benjamin Bloser, Deceased No. 11-9039 Civil Term Plaintiff, VS. I't Choice Auto Insurance Company, Inc. Civil Action - Law Jury Trial Demanded Defendant O R AND NOW,this Z6�day of 2013,upon consideration of the Motion to Compel filed by Defendant, V Choice Auto Insurance Company, Inc., it is NOW AND HEREBY ORDERED,that AT&T produce all available data from telephone number 717-609-6182 from September 20, 2011,up to and including September 22, 2011, inclusive in its most complete form,including all texts,tweets, photographs and other data to the attention of Clark DeVere, 3211 N. Front Street, Harrisburg,PA 17110,within thirty (30) days from the date of this Order who will then deliver the data to the Honorable Thomas A. Placey,Judge,within ten(10) days of Mr. DeVere's receipt thereof for a in camera review and ruling on the merits of said Motion. IT IS FURTHER ORDERED that Sadie McKeehan download and save any and all data, to the extent she is able and has the means to do so, including texts, photographs,tweets and other information on her cell phone at the number set forth above from the dates set forth above to also be delivered to Judge Plac T ontemporaneously with the presentation of the AT&T data. Honorable Tgom is A. Placey, Judge MM 33b CIJ na < .4 $ Steven Bloser, individually;Steven In the Court of Common Pleas of Bloser, Administrator of the Estate of Cumberland County, Pennsylvania Benjamin P.Bloser, deceased; and Steven Bloser Trustee Ad Litem on c behalf of all individuals entitled to mt . share in the proceeds for the wrongful ` , fJ . death of Benjamin P.Bloser, deceased y ; `, Plaintiff/Petitioner 2011 Civil Term 9039 'yam' nc' ' cyN vs Civil Action—Law 1st Choice Auto Insurance Company Petition for Approval of Final Settlement and Distribution Defendant/Respondent Honorable Thomas A. Placey Petition for Approval of Final Settlement and Payment of Additional Underinsured Motorist Benefits and Distribution 1. The petitioner, Steven Bloser, Individually and as Administrator of the Estate of Benjamin P. Bloser, deceased and Trustee Ad Litem for all individuals entitled to share in the proceeds for the wrongful death of Benjamin P. Bloser, deceased, is an adult individual currently residing at 150 Barnstable Road, West Pennsboro Township, Cumberland County, Pennsylvania. 2. The respondent, 1st Choice Auto Insurance Company, a subsidiary of ECM (Everett Cash Mutual) is a business entity licensed to and doing business in the Commonwealth of Pennsylvania, with a place of business located at 10591 Lincoln Highway, Everett, Pennsylvania, 15537. Said respondent is hereinafter referred to as '1-Choice'. 3. On or about September 21., 2011, at approximately 6:00 am the decedent, Benjamin P. Bloser, age 21, was a passenger in a vehicle being operated by Natasha Haulman and owned by Martina Bloser. 4. Haulman operated the vehicle in negligent manner and as a direct and proximate result of said negligence, Haulman lost control of the vehicle and struck a tree, causing both herself and Benjamin P. Bloser to be killed. 5. At the time of his death Benjamin P. Bloser was 21 years of age, single and had never been married nor had children. He resided with his parents, Steven and Martina Bloser in West Pennsboro Township, Cumberland County, at 150 Barnstable Road. 6. Benjamin P. Bloser's, intestate heirs are his mother Martina Bloser and his father Steven Bloser. He is also survived by a brother Adam Bloser who also resided in the aforesaid household. His father was appointed Administrator of his Estate by the Register of Will of Cumberland County, Pennsylvania at docket 21 -2011 -01219. 7. By Order of Court dated February 20, 2013, settlement and distribution of liability, excess liability and partial payment of underinsured motorist benefits and the distribution thereof had been approved. 8. 1„ Choice and the petitioner have now agreed to settle all remaining underinsured motorist claims for$25,000.00. 9. There are no minor heirs involved in this matter and Benjamin P. Bloser was under age 22 at the time of his death. The proceeds discussed herein are not subject to Pennsylvania Inheritance Tax. All sums set forth above constitute damages on account of personal injury/wrongful death, arising from the occurrence, within the meaning of § 104(a)(2) of the Internal Revenue Code of 1986, as amended. 10. Steven Bloser entered into a one-third contingent fee agreement with Douglas Law Office. 11. The petitioner respectfully requests that the final settlement of underinsured motorist claim in the amount of$25,000.00 be approved. 12. The petitioner respectfully requests that payment of the aforesaid proceeds be paid to Steven Bloser, Administrator of the Estate of Benjamin P. Bloser, deceased, and the distribution of the proceeds be approved. 13. 1st Choice Auto Insurance Company concurs in the request to approve the settlement. 14. Distribution: Steven Bloser, Administrator $16,666.67 of the Estate of Benjamin P. Bloser, deceased William P. Douglas $8,333.33 Douglas Law Office Total: $25,000.00 WHEREFORE, your Petitioner prays that the final settlement of under insurance claims, the payment of proceeds and distribution thereof be approved in accordance with the aforesaid. • William P. Douglas, sq. ti Douglas Law 0 ce 43 W. Sou t. Carlisle, Pennsylv 'a Tel (717)243-1790 Fax 717) 243-8955 douglaslaw@earthlink.net June 24, 2014 Attorney for petitioner Steven Bloser, individually; Steven In the Court of Common Pleas of Bloser, Administrator of the Estate of Cumberland County, Pennsylvania Benjamin P. Bloser, deceased; and Steven Bloser Trustee Ad Litem on behalf of all individuals entitled to share in the proceeds for the wrongful death of Benjamin P. Bloser, deceased Plaintiff/Petitioner 2011 Civil Term 9039 vs Civil Action—Law 1st Choice Auto Insurance Company Petition for Approval of Partial Settlement and Distribution Defendant/Respondent Honorable Thomas A. Placey AFFIDAVIT I hereby swear or affirm that the Foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. °1 _ � I4LA. _ Wi iam P. I ougl.s for Steven Bloser June 24, 2014 Steven Bloser, individually; Steven Bloser, Administrator of the Estate of Benjamin P. Bloser, deceased; and Steven Bloser Trustee Ad Litem on behalf of all individuals entitled to share in the proceeds for the wrongful death of Benjamin P. Bloser, deceased vs In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff/Petitioner 2011 Civil Term 9039 Civil Action - Law 1st Choice Auto Insurance Company Petition for Approval of Partial Settlement and Distribution Defendant/Respondent Honorable Thomas A. Placey I ST AND NOW, on this the day of .die, X014, the final settlement of the underinsured motorist claim is approved. The payment of additional underinsured motorist proceeds to the Estate of Benjamin P. Bloser, in the amount of $25,000.00 and the distribution as requested in the attached petition is approved. ORDER By the Court, Coreces,Las 1)4-ty 11424,11. 7/01( �f(� m L_ rn c� , ._ r-; -<> . c -4C.) � r 17) -7 -< C;