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HomeMy WebLinkAbout04-05-06 (2) IN RE: ESTATE OF THE AARON J. SIODLOWSKl AND NOW, this S" day of : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 2005-00698 : ORPHANS' COURT DIVISION ORDER /J1n" 'I , , 2006, upon Petition for Settlement, the settlement is approved and distribution as per the Petition is hereby granted. BY THE COURT: I · Ad J. '.n t..<:r Qt. In Re: Estate of AARON J. SIODLOWSKI ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. 21-05-0698 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 04-05-06 JUDGE'S INITIALS: K. A. H. TI ME STAMP DATE: 04-05-06 IN RE: ORDER ... '\" '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '" '\ '\" '\... '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\" '\ '\ '\... '\ '\... '\ '\" '\" '\ '\... '\ "" '\ "" '\"" '\ '\ '\ '\ "" '" '\ "',"""" '\ '\ '\ '\ '\ '\" '\ '\ '\ '\ '\ '\ '\ '\" '\...... '\ '\ '\ '\ '\" '" SERVICE TO: P. RICHARD WAGNER. ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS ~~iVERV OTHER _ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 4-05-06 '\... '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\... '\ '\.... '\ '\ '\ '\ '\ '" '\ '\ '\ '\ '\ '\ '\ '\ '\" '\ '\ '\ '\ '\ '\" "" '\ '\ '\ '\ '\ '\ '\ '\"" '" '\ """ '\ ""'" '\ '\" '\ '\" '" '\" '\ '\ '\ '\" '\ '\" '\... '\ '\, '\"" '\ '\ '\ SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: ~~. \Z~ Deputy Z~ Clerk of Orphans' Court IN RE: ESTATE OF THE AARON J. SIODLOWSKI : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2005-00698 ORPHANS' COURT DIVISION PETITION FOR SETTLEMENT AND NOW, comes your Petitioner, Robert J. Siodlowski, by and through his atto~~s, 'J Mancke, Wagner & Spreha, and files the following Petition for Settlement: . 'I en 1. Your Petitioner, Robert J. Siodlowski, is the Administrator of the Estate of the Late Aaron J. Siodlowski. 2. The Late Aaron J. Siodlowski died June 18,2005 as a result of an automobile accident in which he was fatally injured. 3. The Administrator of the estate engaged the services of Mancke, Wagner & Spreha, for purposes of administering the estate, as well as asserting a claim on behalf of the decedent as a result of the automobile accident. 4. The operator of the motor vehicle in which the decedent was fatally injured was insured through Allstate, the insured being Robert Weeks. 5. The third party carrier settled with the estate by paying full policy limits which was approved by this Court by Order of January 9,2005, a copy of which Order is attached hereto, incorporated herein by reference made a part hereof, and marked as Exhibit A. 6. The decedent was a resident in the home of your Petitioner for which there were four (4) policies of insurance through State Farm that provided underinsured motorist coverage. ~ 7. Each of those four (4) policies have been determined to be applicable to the underinsured claim on behalf of the decedent. 8. Each of the four (4) polices where through State Farm Insurance Companies. 9. State Farm has tendered full policy limits on each of the four (4) polices as evidenced by the letter dated March 28, 2006, a copy which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit B. 10. Petitioner believes it is in the best interests of the estate to settle said underinsured claim for full policy limits as all applicable insurance available has now been exhausted by tendering full policy limits. 11. Petitioner requests the Court to grant approval to settle said claims with State Farm Insurance under the following policy numbers of State Farm: A. 0722-021-38 B. 7208-331-380 C. 7263-78-38F D. 0428-499-38001 12. Settlement of this claim would then exhaust all applicable insurance benefits available to the estate of the deceased. -2- WHEREFORE, Petitioner requests the Court to grant approval of the settlement with State Farm on each of the four (4) applicable underinsured motorist polices as set forth herein. Respectfully submitted, Mancke, Wagner & Spreha Wagner, Esquire J.D. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Petitioner Date: ~3//Jb , , -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: IJ;PI6 I"'"~ 1'~'~/'~;.rr" "W. rt ~'~,.: ~"') \f:~~~ IN RE: ESTATE OF THE AARON J. SIODLOWSKI IN THE COlTRT OF C01\1MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2005-00698 ORPHANS' COURT DIVISION ORDER AND NOW, this '1" day of 1~7 , 2005, upon Petition for Settlement, the settlement is approved and distribution as per the Petition is hereby granted. BY THE COURT: ~ 1. , --....... -.... -' -,/} - J1<j,V {~ March 28, 2006 State Farm Insurance Compani P RICHARD WAGNER MANCKE WAGNER AND SPREHA 2233 NORTH FRONT ST HARRISBURG PA 17110 RE: Claim Numbers: 38-K695-061, 38-K835-200, 38-K835-236, 38-K835-238 Insureds: Aaron Siodlowski, Robert Siodlowski, Austin Siodlowski, Jennifer Siodlowski Date of Loss: June 16, 2005 Your Client: Estate of Aaron Siodlowski Dear Mr. Wag ner: We are offering the amount of $400,000.00 to settle the underinsured motorist claim for the Estate of Aaron Siodlowski. This amount is payable from four automobile policies at the Siodlowski residence in Enola, Pennsylvania. Each policy had $100,000.00 in underinsured motorist coverage available. It remains our position that the two Illinois based policies of Angela Wujciga and Edward Wujciga provide no underinsured motorist coverage payment for the Estate of Aaron Siodlowski, as the limits under that coverage are equal to the underlying bodily liability coverage amount. We do not require a release to be signed in regard to the settlement, but we will ask that court approval be obtained. Once an Order of Court has been obtained, could you send a copy to us? We will then issue payment as per the Order of Court. If you have any questions or would like to discuss this further, please contact me at my number below. Thank you for your cooperation. Sincerely, )~~ Harr/f. Bechman, III Claim Representative 724 743 4974 State Farm Mutual Automobile Insurance Company 28/737/0323016 -13 - HOME OFFICES: BLOOMINGTON, ILLINOIS 61710-0001