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HomeMy WebLinkAbout04-0201IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE THE ESTATE OF LINZEE HOBGOOD, AUSTIN HOBGOOD, and PAIGE HOBGOOD, minors Plaintiff ORPHAN'S COURT DIVISION G.O. No. 2 i-oqO2cl MOTION TO SHOW PROOF OF DEPOSIT Filed on behalf of Linzee Hobgood, et al Counsel of Record for this Party: P. Matthew Darby, Esquire Pa I.D. #69419 Albertini & Darby 3201 North Charles Street Suite lA Baltimore, Maryland 21218 (410) 243-9400 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY ORPHAN'S COURT DWISION IN RE THE ESTATE OF LINZEE HOBGOOD, AUSTIN HOBGOOD, and PAIGE HOBGOOD, minors, 21-04-0201 MOTION TO SHOW PROOF OF DEPOSIT Petitioner, Rebecca Hobgood, individually and as parent and natural guardian of Linzee Hobgood, Austin Hobgood and Paige Hobgood files this Motion to show Proof of Deposit and in support thereof avers the following: 1. Rebecca Hobgood executed a General Release dated January 15, 2004 to settle this case for the amount of $100,000.00. 2. Petitioner filed a Petition to Settle Minor's Claim on February 26, 2004. 3. On March 6, 2004, this Court ordered that the Petition to Settle Minor's Claim was approved and therein ordered Petitioner to file proof of deposit. 4. Pursuant to this Court's Order, Petitioner's counsel disbursed the settlement funds to Rebecca Hobgood, trustee under Title 13 of the Estates & Trusts Article, Annotated Code of Maryland for Linzee Hobgood, minor in the amount of $11,485.66. Proof of same in the proscribed manner is shown by a copy of the check attached hereto marked Exhibit 1. 5. Pursuant to this Court's Order, Petitioner's counsel disbursed the settlement funds to Rebecca Hobgood, trustee under Title 13 of the Estates & Trusts Article, Annotated Code of 4 Maryland for Austin Hobgood, minor in the amount of $11,485.67. Proof of same in the proscribed manner is shown by a copy of the check is attached hereto marked Exhibit 2. 6. Pursuant to this Court's Order, Petitioner's counsel disbursed the settlement funds to Rebecca Hobgood, trustee under Title 13 of the Estates & Trusts Article, Annotated Code of Maryland for Paige Hobgood, minor in the amount of $11,485.67. Proof of same in the proscribed manner is shown by a copy of the check is attached hereto marked Exhibit 3. WHEREFORE, Petitioner respectfully requests this court pass an order finding that Petitioner has complied with the distribution of proceeds pursuant to the Court's Order of March 6, 2004. 69419 Albertini & Darby 3201 North Charles Street Baltimore, Maryland 21218 (410) 243-9400 Attorney for Petitioner PAY TO THE ORDER OF ALBERTINI & DARBY, L.L.P. ATTORNEY ESCROW ACCOUNT (410) 243-9400 3201 N. CHARLES STREET, STE. A1 BALTIMORE, MD 21218 *** ELEVEN THOUSAND FOUR HUNDRED BANK OF AMERICA 02992 MD 7-163-520 EXHIBIT 1 DATE 03/23/04 EIGHTY-FIVE & 66/100 Rebecca Hobgood, trustee under Title 13 of the Estates & Trusts Article, Annotated Code of Maryland for Linzee Hobgood, minor. Rececca Hobgood 3194 ," 00 :[ ], q ~," ,:0 5 200 ~& NUMBER AMOUNT 3194 *$11,485.66 DOLLARS O0 3q l, Sq~ ~8 ALBERTINI & DARBY, L.L.P. / ATTORNEY ESCROW ACCOUNT DATE TRUST NAME PAY TO Re~&~,~o~-'lobgood, trustee ~r 03/23/04 Rececca Hobgood Account: 12361-1 client settlement/Linzee 11485.66 CHECK DATE 03/23/04 CHECK NO. 3194 CHECK AMOUNT 11485.66 ALBERTINI & DARBY, L.L.P. / ATTORNEY ESCROW ACCOUNT Pay To: Rebecca Hobgood, trustee under Date Trust Name Description 03/23/04 Rececca Hobgood client settlement/Linzee Account: 12361-1 Amount 11485.66 Check Date Check # Check Amt 03/23/04 3194 11485.66 E~DEJ. UXE BUSINESS FORMS 1+800-328-0304 wv~,.de~uxefornts.com ALBERTINI & DARBY, L.L.P. ATTORNEY ESCROW ACCOUNT (410) 243-9400 3201 N. CHARLES STREET, STE. A1 BALTIMORE, MD 21218 PAY TO THE ORDER OF BANK OF AMERICA 02992 MD 7-163-520 DATE 03/23/04 *** ELEVEN THOUSAND FOUR HUNDRED EIGHTY-FIVE & 67/100 DOLLARS Rebecca Hobgood, trustee under Title 13 of the Estates & Trusts Article, Annotated Code of Maryland for Austin Hobgood, minor. Rececca Hobgood 3195 EXHIBIT 2 NUMBER AMOUNT '~ 3195 *$11,485.67 ~' ALBERTINI & DARBY, L.L.P. / ATTORNEY ESCROW ACCOUNT DATE TRUST NAME PAY TO Re~E~&~o~obgood, trustee ~e~ 03/23/04 Rececca Hobgood Account: 12361-1 client settlement/Austin 11485.67 CHECK DATE 03/23/04 CHECK NO. 3195 CHECK AMOUNT 11485.67 ALBERTINI & DARBY, L.L.P. / ATTORNEY ESCROW ACCOUNT Pay To: Rebecca Hobgood, trustee under Date Trust Name Description 03/23/04 Rececca Hobgood client settlement/Austin Account: 12361-1 Amount 11485.67 Check Date Check # Check Amt 03/23/04 3195 11485.67 ~DELUXE BUSINESS FORMS 1+800-32B-0304 w1~v. detu.xefofms.cmn PAY TO THE ORDER OF ALBERTINI & DARBY, L.L.P. ATTORNEY ESCROW ACCOUNT (410) 243-9400 3201 N. CHARLES STREET, STE. A1 BALTIMORE, MD 21218 *** ELEVEN THOUSAND FOUR HUNDRED 3196 BANK OF AMERICA 02992 MD EXHIBIT 3 7-163-520 DATE NUMBER AMOUNT 03/23/04 3196 *$11,485.67 EIGHTY-FIVE & 67/100 DOLLARS Rebecca Hobgood, trustee under Title 13 of the Estates & Trusts Article, Annotated Code of Maryland for Paige Hobgood, minor. Rececca Hobgood ,' 0 O =, i, q &,' ':O 5 800 I, O0 5q &aqg ],8 %0,' ALBERTINI & DARBY, L.L.P. I A1TORNEY ESCROW ACCOUNT DATE TRUST NAME PAY TO Re ~)E(~C~.~OI~"I O b g o o d, trustee ~no~r 03/23/04 Rececca Hobgood Account: 12361-1 client settlement/Paige 11485.67 CHECK DATE 03/23/04 CHECK NO. 3196 CHECK AMOUNT 11485.67 ALBERTINI & DARBY, LLP. / ATrORNEY ESCROW ACCOUNT Pay To: Date 03/23/04 Rebecca Hobgood, trustee under Trust Name Description Rececca Hobgood client settlement/Paige Account: 12361-1 Amount 11485.67 Check Date Check # Check Amt 03/23/04 3196 11485.67 ~D DELUXE BUSINESS FORMS 1+800-328-0304 www. deluxeforms.com GUY M. ALBERTINI (MD, DC & TN) P. MATTHEW DARBY (MD & PA) THERESA A ROSENDALE (MD, DC & NJ) JOHN F. HANNAWAY (MD) JASON R. ENGEL (MD) ALBERTINI & DARBY L.L.P. 3201 N. CHARLES STREET SUITE IA, ENTRANCE ON 32~° STREET BALTIMORE, MARYLAND 21218 (410) 243-9400 (800) 248-FELA FAX (410) 243-9599 OTHER OFFICE LOCATIONS PITTSBURGH, PENNSYLVANIA WASHINGTON, D.C February 26, 2004 Orphan's Court Cumberland County Court 1 Courthouse Square Carlisle, Pennsylvania 17013 Re: In Re the Estate of Linzee Hobgood et. al Our File No.: 12361 Dear M. Clerk: Enclosed herewith please find Petition to Settle Minor's Claim and Approve Distribution Pursuant to PA. R.C.P. 2206, Proposed Order and my firm's draft in the amount of $30.00 as payment of your filing fee. I am also enclosing an additional copy which I would appreciate your time-stamping and returning to my office in the self-addressed, stamped envelope provided. If you have any questions, please do not hesitate to contact my office. Very truly it 1s. M'[t~'hew Darby PMD/tr enclosures I~R 01 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE THE ESTATE OF LINZEE HOBGOOD, AUSTIN HOBGOOD, and PAIGE HOBGOOD, minors Plaintiff ORPHAN' S COURT DIVISION 7_1- t)4- 7_t)i PETITION TO SETTLE MINORS' CLAIM Filed on behalf of Linzee Hobgood, et al Counsel of Record for this Party: P. Matthew Darby, Esquire Pa I.D. #69419 Albertini, Singleton, Gendler & Darby 3201 North Charles Street Suite lA Baltimore, Maryland 21218 (41 O) 243-9400 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY ORPHAN'S COURT DIVISION IN RE THE ESTATE OF LINZEE HOBGOOD, AUSTIN HOBGOOD, and PAIGE HOBGOOD, minors, ORDER OF COURT On thi: ay of ., 2004, it is ordered-~t the l[~t. ition ~'" settle a minor's claim is approved and that the settlement proceeds shall be distributed in the following manner: a. Payment of counsel fees to the law firm of Albertini & Darby in the amount of $3O,O00.00; b. The payment of court costs and expenses to the law firm of Albertini & Darby in the amount of $754.00. c. The payment of net settlement proceeds in the amount of $34,789.00 to Rebecca Hobgood. d. The payment of net settlement proceeds in the amount of $11,485.66 to Linzee Hobgood, a minor, pursuant to Maryland Code, Estates and Trusts § 13-403(a), captioned "payment by check to trustee" which states that the payment of money shall be made by check made to the order of Rebecca Hobgood, Trustee under Title 13 of Estates and Trusts Article, Annotated Code of Maryland, for Linzee Hobgood, minor. 2 e. The check to the benefit of Linzee Hobgood referenced in paragraph d herein shall be deposited by Rebecca Hobgood in accordance with Maryland Code, Estates and Trusts Article § 13-404 and withdrawal of any of the money shall be in accordance with Maryland Code, Estates and Trusts Article § 13-405. f. The payment of net settlement proceeds in the amount of $11,485.67 to Austin Hobgood, a minor, pursuant to Maryland Code, Estates and Trusts § 13-403(a), captioned "payment by check to trustee" which states that the payment of money shall be made by check made to the order of Rebecca Hobgood, Trustee under Title 13 of Estates and Trusts Article, Annotated Code of Maryland, for Austin Hobgood, minor. g. The check to the benefit of Austin Hobgood referenced in paragraph f herein shall be deposited by Rebecca Hobgood in accordance with Maryland Code, Estates and Trusts Article § 13-404 and withdrawal of any of the money shall be in accordance with Maryland Code, Estates and Trusts Article § 13-405. h. The payment of net settlement proceeds in the amount of $11,485.67 to Paige Hobgood, a minor, pursuant to Maryland Code, Estates and Trusts § 13-403(a), captioned ''payment by check to trustee" which states that the payment of money shall be made by check made to the order of Rebecca Hobgood, Trustee under Title 13 of Estates and Trusts Article, Annotated Code of Maryland, for Paige Hobgood, minor. i. The check to the benefit of Paige Hobgood referenced in paragraph h herein shall be deposited by Rebecca Hobgood in accordance with Maryland Code, Estates and Trusts Article § 13-404 and withdrawal of any of the money shall be in accordance with Maryland Code, Estates and Trusts Article § 13-405. j. Proof of deposit in the proscribed manner shall be filed of record within thirty (30) days of receipt of settlement draft by counsel for Petitioner. BY THE COURT: 4 1N RE THE ESTATE OF LINZEE HOBGOOD, AUSTIN HOBGOOD, and PAIGE HOBGOOD, minors, IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY ORPHAN'S COURT DWISION PETITION TO SETTLE A MINOR'S CLAIM AND TO APPROVE DISTRIBUTION PURSUANT TO PA. R.C.P. 2206 Petitioner, Rebecca Hobgood, individually and as parent and natural guardian of Linzee Hobgood, Austin Hobgood and Paige Hobgood files this petition to settle a minors' claim and to approve distribution and in support thereof aver the following: 1. A claim for the wrongful death of Anthony Wayne Hobgood, was made by Rebecca Hobgood, individually and as next friend of Linzee Hobgood, Austin Hobgood and Paige Hobgood, his children. 2. That Rebecca Hobgood nee Brandenburg, is the mother and Anthony Hobgood was the father of Linzee Hobgood, 7years of age; Austin Hobgood, 6 years of age; and Paige Hobgood, 4 years of age. (See attached copies of birth certificates marked Exhibit 1) 3. That Rebecca Hobgood nee Brandenburg was the spouse of decedent, Anthony Hobgood. (See attached copy of Certificate of Death marked Exhibit 2). 4. On May 5, 2002, Anthony Hobgood was involved in a motor vehicle collision in Cumberland County, Pennsylvania. Mr. Hobgood was pronounced dead at the scene by the coroner. 5. Defendant, Dale Hair has an insurance policy which provided for coverage for Bodily Injury Liability in the amount of $100,000.00 each person/S300,000.00 each occurrence. (See attached Declaration sheet marked Exhibit 3). 6. Defendant has made an offer of $100,000.00 policy limits to settle this wrongful death claim. (See attached letter dated 11/21/03 marked as Exhibit 4). 7. There are no other applicable insurance policies available in this matter. 8. Petitioner's counsel has incurred the following expenses in handling this action: Administrative file fee Pennsylvania State Police Report Michael Norris, Coroner Report Cover & Wills, Accident Reconstruction Filing fee for Petition TOTAL $100.00 8.00 200.00 416.00 30.00 $754.00 9. The Petitioner wishes to accept this settlement offer, believing same to be fair and reasonable. This settlement would release all persons against whom the plaintiffs may have claims arising out of this incident. 10. Plaintiffs have been represented in this matter by the law firm of Albertini & Darby who, by written power of attorney executed by the parties hereto, is entitled to 30% contingent fee of any settlement and its costs and expenses. 11. Petitioners believe that this settlement is fair and reasonable, they request this court to approve this settlement, and they request this court to approve the distribution of the settlement proceeds in the manner set forth below: Settlement Offer $100,000.00 Gross proceeds payable to Rebecca Hobgood Gross proceeds payable to Linzee Hobgood, minor Gross proceeds payable to Austin Hobgood, minor Gross proceeds payable to Paige Hobgood, minor TOTAL $ 50,000.00 16,666.66 16,666.67 16,666.67 $100,000.00 12. The distribution of the proceeds of the settlement stated in paragraph 11 herein is in accordance with what the petitioners would take from the personal estate of decedent, Anthony Hobgood, in the case of intestacy. Pursuant to the Maryland Code, Estates and Trusts Article, § 3-102 and 1-210, the share of the surviving spouse is fifty (50%) percent and the remaining fifty (50%) percent is divided pro rata in equal shares to the surviving minor children. (See attached Maryland Code, Estates and Trusts Article § 3-102, 1-210 marked Exhibit 5) 13. The law firm ofAlbertini & Darby believe that this settlement is fair and reasonable and has recommended its acceptance to petitioners. 14. The minor children and their mother are residents of the State of Maryland and request that payment of the settlement proceeds to minor children, Linzee Hobgood, Austin Hobgood and Paige Hobgood be made and administered under the jurisdiction of Maryland law. 15. Pursuant to Maryland Code, Estates and Trusts Article § 13-403(a), captioned "Payment by Check to Trustee", counsel for Petitioner is required to make payment of net settlement proceeds to minor children by preparing a check made to the order of Rebecca Hobgood, "Trustee under Title 13 of the Estates and Trusts Article, Annotated Code of Maryland" for Linzee Hobgood, Austin Hobgood and Paige Hobgood, respectively. (See attached copy of Maryland Code, Estates and Trusts Article § 13-403 marked Exhibit 6). 16. Pursuant to Maryland Code, Estates and Trusts Article § 13-404, Rebecca Hobgood is required to deposit the minor children's proceeds in specified financial institutions or 7 accounts. (See attached copy Maryland Code, Estates and Trusts Article § 13-404 marked Exhibit 7). 17. Pursuant to Maryland Code, Estates and Trusts Article § 13-405, the monies in the minor child's account are not allowed to be withdrawn until the minor child attains the age of eighteen (18) years unless on petition a Circuit Court of Maryland orders otherwise. (See attached copy of Maryland Code, Estates and Trusts Article § 13-405 marked Exhibit 8). WHEREFORE, the petitioners request this court to approve the settlement and to authorize the distribution of the settlement proceeds in the manner set forth in the proposed order tt. Mat~-hew Darby P~.51D. # 69419 Albertini & Darby 3201 North Charles Street Baltimore, Maryland 21218 (410) 243-9400 CERTIFICATE OF MAILING I HEREBY CERTIFY, That on thisc~ day of February, 2004, a copy of Petition was mailed first class mail, postage prepaid to Barbara J. Noce, Nationwide Insurance, P.O. Box 2655, 1000 Nationwide Drive, Harrisburg, Pennsylvania 17105 1~'. I~'A l~tlq'EW DA~,BY AFFIDAVIT I, P. Matthew Darby, counsel of record for the minors, Linzee Hobgood, Austin Hobgood and Paige Hobgood, state that in my professional opinion that the settlement in this matter in the amount of $100,000.00 is in the best interest of Linzee Hobgood, Austin Hobgood and Paige Hobgood and that this settlement is desirable and reasonable under the circumstances of this case. Furthermore, my 30% contingency fee in this case is reasonable under the circumstances and that the services performed by our office involved the following: 1. Various correspondence to insurance carriers 2. Collection and evaluation of accident report, coroner's report and other documents. 3. Hiring an accident reconstruction expert to investigate this claim 4. Extensive negotiations I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 3dbert~m & Darby D # 69419 3201 North Charles Street Baltimore, Maryland 21218 (410) 243-9400 VERIFICATION I, REBECCA HOBGOOD, have read the Petition To Settle A Minor's Claim And To Approve Distribution Pursuant To Pa. R.C.P. 2206 and the statements therein are correct to the best of my personal knowledge and/or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom fabrication to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. STATE OF MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE DIVISION OF VITAL RECORDS CERTIFICATE OF LIVE BIRTH STATE FII,E NIJMI~ER: 1996-10911 NAME: L INZEE ELIZABETH HOBGOOD SEX: FEMALE DATE OF BIRTH: MARCH 7 , 1996 ' PI,ACE OF BIRTH: MAIDEN NAN~IE OF MOTHER: BALTIMORE CITy · REBECCA BRANDENBURG TIME: AGE: 11:31 AM 23 OZ MOTHER'S PLACE OF BIRTH: NAME OF FATHER: MARYLAND ANTHONY HOBGOOD AGE: FATHER'S PI.ACE OF BIRTH: DATE RECORD F'll. ED: MARCH 21, 1996 DATE ISSUED: I HEREBY CERTIFY THAT THIS DOCUMENT IS A TRUE COPY OF A RECORD ON FILE IN THE STATE REO!STRAR : ::' ' DO NOT ACCEPT UNLESS ON SECURITY PAPER WITH SF:~AL OI~:v!TAL RECORD~ CLEARLY ElVtBO$SED, 08-07-2001 STATE OF MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE DIVISION OF VITAL RECORDS CERTIFICATE OF LIVE BIRTH STATE FII.E NUMBER: NAME: DATE ¢)F BIRTH: PI,ACE OF BIRTH: MAil)Ir.N NAME ¢)1-' MOTitER: 2000-00034 PAIGE MARJORIE HOBGOOD JANUARY 2, 2000 BALTIMORE CITY REBECCA JEANNE BRANDENBURG SEX: FEMALE WEIGHT: 7 LBS 9 0Z TIME: 03:33 PM AGE: 26 MoTtll~;R,S PI.ACE OF BIRTH: NAME O1: I:AI'ItER: MARYLAND ANTHONY WAYNE HOBGOOD AGE: 28 I*ATHER'S PI,ACE (}F BIRTH: DATI'] RE(~'ORD FII,ED: MISSISSIPPI JANUARY 5, 2000 DATE IssUED: I HEREBY CERTIFY THAT THIS'DOCUMENT IS A TRUE COPY (~F A RECORD ON FILE IN THE REGISTRA DO NOT ACCEPT UNLESS ON SECURITY PAPER WITH SEAL OF VITAL REC°RDS CLEARLY EMBOSSED. 08-07-2001 STATE OF MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE DIVISION OF vITAL RECORDS cERTIFICATE OF LIVE BIRTH rE FIl,lC Nt;MnEtt: 1997-s23S9 SEX: MALE ALJST IN sCOTT oE¥OY HOBGOOD wEIGHT: 8 LBS 5 07- rE OF BIRTH: OCTOBER 12, 1997 TIME: 10: 32 AM ACE OF BIRTH: BALTIMORE C [ TY AGE: 24 ALDEN NAME OF MOTHER: REBECCA BRANDENBLJRG oTHER'S PLACE OF BIRTH: AMC OF FATHER: MARYLAND ANTHONY HOBGOOD AGE: 26 :ATHER'S pLACE OF BIRTH: ************* DATE IssUED: 08-07-200 ~ DATE RECORD FILe;D: oCTOBER 31 , 1997 ~~l~ {~1111 | IH RFBY cERTIFY THAT THIS D()cuMENT IS A TRUE cOPY OF A REcoRD ON FILE IN THE ~ 1 888 3?2 ~7~3 TO 97175263321 P.O2/G3  CENTURY II AUTO POLICY DECLARATIONS '~ " Page 1 ol 2 These Declarations are a part of the policy named above and Identified by policy number below. They supersede any Declarations Issued earlier. Your policy provides the coverages and Ilmtts shown in the schedule ol coverages. They aoDly to each insured vehicle as indicated. Your policy comDtles w~th the motorists' financial responsibility laws of your state only for vehicles for which Prope~y Damage and Bodily Injury Liability coverages are provided Policy Number: Policyholder: ' (Named InSured) 58 27 B 740933 DALE E HAIR 98 HAIR RD Issued: NE'WVILLE. PA klAR 29, 2002 17241.9503 Policy Period Prom: APR 23. 2002 Io OCT 22. 2002 bul ont¥ if the required premium for thisperlod has been paid and only for six month renewal Periods If renewal premiums have been paid as required, This policy Is Initially effective al (11 the lime the a;3Pltcation for Insurance Is completed, or (2) 12:01 a.m. on the first day of the policy period; whichever is later. Each renewal period begins and an(Is at 12;01 a,m. standard time at the address ol the named insured slated herein, This pGlic'~; cancels at 12:01 a.m. at the address of the named Insured staled herein, INSURED VEHICLE(S) & SCHEDULE OF COVERAGES I. 2002 FORD CROWN Yl Coverages C0f4PREHENSIVE COLLISlON PROPERTY DA3,IAGE LIABILITY 50OILY INJURY LIABILITY UNINSURED ~TORISTS.aODILy INJURY UNDERINSURED I'~TORISTS.BODILY INJURY FIRST PARTY BENEFITS OPTION 1-MEDICAL BENEFIT OPTION 2.INCOME LOSS BENEFIT OPTION 3-ACCIDENTAL DEATH BENEFIT OPTION 4-FUNERAL BENEFIT ~ULL TORT ID #2FAFP74Wg2X148395 'LIm~s OILlaDIlity ACTUAL CASH VALUE ACTUAL CASH VALUE LESS S 100 $ 100.000 EACH OCCURRENCE S 100.000 EACH PERSON S 300.000 EACH OCCURRENCE ENDORSEMENT 2357 EACH PERSON EACH OCCURRENCE ENDORSEMENT 2358w: EACH PERSON EACH OCCURRENCE 50.000 100.000 S 50.000 S 100.000 50.000 25.000 t,500 10.000 2.500 TOTAL MONTHLY ' INSURED DRIVERS: Driver # Name 0~ DALE E HAIR 02 JULIA A HAIR Birlh Marital Date Slatus 07.~3 24 MARRIED 08 ~3 25 k~P. RrED Number 0520453~ 05870267 APPLIED DISCOUNTS; =ASSIvE RESTRAINT ACCIDENT FREE AUTO 7100-A TOTAL MULT~ CAR Slx Month Premium S ~3 90 S lal 40 $ 57 80 S 86 40 S 7,40 S 28,90 S 22.30 S 7.30 S 1.60 S .30 $ 357 30 FRAME: H 14 POI;dy Form & Endorsements: AUTO 60000 2254A 2291 Office Use: 8 ?40934 FEB 13. 2002 S 0.00 I'$sued By: NATIONWIDE MUTUAL INSURANCE COMPANY 23787 Home Olfice - Columbus. Ohio Countersigned At: HARRISBURG. PA. By: ANDRE~ L :' :~HOEIC.~KER LOSS PAYABLE CLAUSE ENDORSEMENT This endorsement apDI es Id the Comprehensive and Collision coverages provided by this policy, It protects the Ilenholder named in the policy Declarations. Payment for Foss will be made accordin~fc the interest of the policyholder and enholder Payment may be made to both iotntly, et to either separately. El[nor way. Ihe company will protect the nterests et bot~. The Ilenholder's interest will be Drotectecl, except from Iraud or omissions by the Policyholder or the policyholder's reoresenlative. ' If the c0m~any cancels or refuses to renew the policy, the Flenl~older will receive notice at least 10 days before protection et its interest will end. The Itenhofder shall ~ot~y the company upon learning ot any change. In owr~rship of the vehicle. To the exlent Of payment to the Ilenholder. the company wlll be entitled to the Ilenholder's rights of recovery. The endorsement is issued by the Nationwide Mutual Insurance Company or Natfonwlde Mutual Fire Insurance Company, whichever has issued the policy to which It is atlached. NATIONWIDE MUTUAL INSURANCE COMPANY 23787 HOME OFFICE; COLUMBUS. OHIO 43215-2220 IMPORTANT PHONE NUMBERS Nationwide 24.Hour Claims Number: 1-B00-421.3535 For QUESTIONS About Your Policy, Call Your NATtONWIDE AGENT: A. SHOEMAKER 717.77~-722g For Hearing Impaired: TTY ~-800-622.2421 Nationwide Regional Office: 717-657~6400 FRAME: I 14 ** TOTRL PAGE.03 ** P.O. Box 2655 * 1000 Nationwide Drive * Harrisburg, PA 17105 John Hannaway, Esquire 3201 N Charles Street Suite lA Baltimore, MD 21218 November 21, 2003 OUR INSURED: Dale E Hair OUR CLAIM NUMBER: 58 37 B 740933 05052002 01 YOUR CLIENT: Anthony Hobgood DATE OF LOSS: 05-05-2002 Dear Mr. Hannaway: This letter is to advise you that Nationwide is tendering their $100,000.00 limit of liability in regards to this matter. I have enclosed a copy of our insureds declaration page and Release. Please call should you have any questions. NATIONWIDE MUTUAL INSURANCE COMPANY Barbara J Noce (PA-02-19)X~/~' Claims Associate ~ .... ~ '- ' (717)671-3526 Enclosures Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a person to criminal and civil penalties. 0130 - 000706-02 § 3-102 EST. & TRUSTS Distribution to surviving spouse. Page 1 of 1 · Maryland Code ~ Maryland Code ~ ESTATES AND TRUSTS ~.~ TITI.E 3. Intestate Succession; Statutory Shares. ,~ Subtitle !' Provisions Govern!.ng ~[![es[ate Successi0n: [Previous Document in Book] [Next Document in Book] § 3-102 EST. & TRUSTS Distribution to surviving spouse. (a) General. -- The share of a surviving spouse shall be as provided in this section. (b) Surviving minor child. - If there is a surviving minor child, the share shall be one-half. (c) No surviving minor child, but surviving issue. - If there is no surviving minor child, but there is surviving issue, the share shall be the first $15,000 plus one-half of the residue. (d) No surviving issue, but surviving parent. - If there is no surviving issue but a surviving parent, the share shall be the first $15,000 plus one-half of the residue. (e) No surviving issue or parent. -- If there is no surviving issue or parent, the share shall be the whole estate. (f) Calculation of net estate. - For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7-308 T_AX.rG~N. of the Tax-General Article. (An. Code 1957, art. 93, § 3-102; 1974, ch. 11, § 2; 1978, ch. 111; 1982, ch. 264; 1991, ch. 55, § 1.) [previous .De6u rr!.e.r!.t..in... Book] [N_9_x_t_~o_c_u m_..e_p_t__Ln_._.B .o_.o_.k] Copyright (D 2004 Loislaw.com, Inc. All Rights Reserved http://www.loislaw.com/pns/tocview.htp?dockey=00489DC7.htm @.MDCODE 2/11/2004 1-210 EST. & TRUSTS Distribution of property of intestate: representation per stirpes. Page 1 of 1 Maryland Code ~ Maryland Code ~ ESTATES AND TRUSTS ,~ TITLE 1. Estates of Decedents Law: General Provisions. ~ Subtitle.2: D~t~inati0n of Relati°nship: [Previous Document in Book] [Next Document in Book] § 1-210 EST. & TRUSTS Distribution of property of intestate: representation per stirpes. (a) Intestate succession. - When provision is made for representation in this article, the shares shall be determined in accordance with subsections (b) and (c) of this section. (b) Issue of decedent. - In the case of issue of the decedent, the property shall be divided into as many equal shares as there are children of the decedent who survive the decedent and children of the decedent who did not survive the decedent but of whom issue did survive the decedent. Each child of the decedent who did survive the decedent shall receive one share and the issue of each child of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying to the children and other issue of each nonsurviving child of the decedent the pattern of representation provided for in this subsection for the children and other issue of the decedent and repeating that pattern with respect to succeeding generations until all shares are determined. (c) Issue of parent, grandparent, or great-grandparent of decedent. -- In the case of issue of a parent, grandparent, or great-grandparent of the decedent, the property shall be divided into as many equal shares as there are lineal descendants of either, or of both, of the pair of parents, grandparents, or great-grandparents, as the case may be, of the nearest degree of relationship to the decedent of whom any survived the decedent and who did so survive, and lineal descendants of the same degree who did not survive the decedent but of whom issue did survive the decedent. Each lineal descendant of the nearest degree surviving the decedent shall receive one share and the issue of each deceased lineal descendant of that degree who left issue surviving the decedent shall receive one share apportioned in the manner of representation set forth for issue of the decedent in subsection (b). (d) Wills. - Repealed by Acts 1981, ch. 361, effective July 1, 1981. (A2-t. Code 1957, art. 93, § 1-210; 1974, ch. 11, § 2; 1981, ch. 361.) Previous Document in Book] Copyright (D _004 Loislaw.com, Inc. All Rights Reserved http://www.loislaw.com.../doclink.htp?&alias=MDCODE&Cite=l-210+EST.+^26+TRUST 2/11/2004 §' 13-403 EST. & TRUSTS Methods of appointing trustee or guardian for minor. Page 1 of 1 Maryland Code ~ Maryland Code ~ ESTATES AND TRUSTS ffq TITLE 13. Protection of Minors and Disabled Persons. ~ Subtitle 4. Recovery by Minor in Tort Claim. [Previous Document in Bookl ~~~ir~ Book] § 13-403 EST. & TRUSTS Methods of appointing trustee or guardian for minor. (a) Payment by check to trustee - In general. - Unless a court appoints a guardian of the property of a minor under subsection (c) of this section, if a minor or any other person in whose name a claim in tort is made or judgment in tort obtained on behalf of a minor recovers a net sum of $5,000 or more, the person responsible for the payment of the money shall make payment by check made to the order of (name of trustee) trustee under Title 13 of the Estates and Trusts Article, Annotated Code of Maryland, for , minor." (name of minor) (b) Same - No other act necessary. - No other act is necessary to constitute the person named a trustee. (c) Appointment of guardian -- In general. - (1) In accordance with the procedures for the appointment of a guardian under Subtitle 2 of this title, the court may appoint a guardian of the property of a minor on whose behalf a recovery in tort is sought or has been obtained if the court determines that the appointment would be in the minor's best interest. (2) The petition for guardianship may be made by an interested person or a trustee under this subtitle. (d) Same - Payment by check. - If a court appoints a guardian of the property of a minor under subsection (c) of this section and the minor or any other person in whose name a claim in tort is made or judgment in tort obtained on behalf of the minor recovers a net sum of $5,000 or more, the person responsible for the payment of the money shall make payment by check made to the order of", (nam e of guardian), guardian under Title 13, Subtitle 2 of the Estates and Trusts Article, Annotated Code of Maryland, for {na me of minor), minor". (An. Code 1957, art. 93A, § 401; 1974, ch. 11, § 2; 1994, ch. 3, § 1; 1997, ch. 642; 2003, ch. 52.) i. r3...Boo.k] [Next Document in Book] Copyright © 2004 Loislaw.com, Inc. All Rights Reserved http://www.loislaw.com/pns/tocview.htp?dockey=00489EF9.htm @ MDCODE 2/11/2004 13-404 EST. & TRUSTS Bond not required of trustee under subtitle; deposits. Maryland Code Page 1 of 2 Maryland Code ESTATES AND TRUSTS TITLE 13. Protection of Minors and Disabled Persons. Subtitle 4: .RecoverY by Minor in Tort Claim. [Previous Document in Book] [Next Document in Book] § 13-404 EST. & TRUSTS Bond not required of trustee under subtitle; deposits. (a) Bond. - The trustee need not give bond. (b) Deposit or investment of proceeds of appointing check. - (1) A trustee who receives a check under § 13-403 EST. & TRUSTS of this subtitle shall: (i) Subject to paragraph (3) of this subsection, deposit the check in any financial institution as defined in § 13-301 EST. & TRUSTS of this title; or (ii) Invest or reinvest the proceeds of the check, directly or by securities or other interests of a broker or dealer, in: 1. General obligations of or obligations guaranteed by the United States or this State; 2. Other obligations of the United States or this State or of its political subdivisions, agencies, authorities, or municipal corporations that are rated in one of the two highest rating categories by a nationally recognized credit rating agency; or 3. Any open end management investment company or investment trust that is registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., and that: A. Meets the criteria of a money market fund that are specified in the federal Investment Company Act and the regulations adopted under that law; or B. In a prospectus filed with the Securities and Exchange Commission of the federal government, states as a principal investment objective long-term growth or capital appreciation through investments in equity securities. (2) If the trustee deposits the check in a financial institution under paragraph (1) (i) of this subsection, the trustee may direct the financial institution to invest or reinvest the proceeds of the check in a certificate of deposit or other interest bearing account. (3) Deposits in a financial institution under paragraph (1) (i) of this subsection may not exceed the amount of insurance provided for such deposits. (4) Investments in money market funds under paragraph (1) (ii) 3A of this subsection, investments in stock mutual funds under paragraph (1) (ii) 3B of this subsection, and investments in any combination of both money market funds and stock mutual funds may not exceed 30% of the trust assets at the time of investment. (An. Code 1957, art. 93A, § 402; 1974, ch. 11, § 2; 1982, ch. 285; 1990, ch. 6, § 2; 1991, ch. 604; 1993, ch. 5, § 1; 1994, http://www.loislaw.corn/pn s/tocview.htp?dockey=00489EFA.htm @ MDCODE 2/1.1/2004 13-405 EST. & TRUSTS Wi...: when court order required; liability of financial institution Page 1 of 1 Maryland Code Maryland Code ESTATES AND TRUSTS TITLE 13. Protection of Minors and Disabled Persons. Subtitle 4: Recovery bY Mino~' in Tort Claim. [Previous Document in Book] [Next Document in Book] § 13-405 EST. & TRUSTS Withdrawal of money: when court order required; liability of financial institution. (a) Prior to age of 18. - Except upon the order of a circuit court, the financial institution specified in § 13-404 EST. & TRUSTS(b) may not allow the withdrawal of any of the money except to pay it to the minor upon his attainment of the age of 18 years or to pay to the personal representative of his estate upon the death of the minor prior to his attaining the age of 18 years. (b) Discharge of liability. - Payment by any institution or association in accordance with an order of the court, or to a minor on or after his attaining the age of 18 years, or to the personal representative after the death of the minor, is a complete discharge of liability of the institution or association for the money paid. (An. Code 1957, art. 93A, § 403; 1974, ch. 11, § 2.) [E~rey.iou~ D.o.cum~nt in Bo0~] [~ex_t p__ocurn~n~ iD Book] Copyright © 2004 Loislaw.com, Inc. All Rights Reserved http://www.loislaw.com/pns/tocview.htp?dockey=00489EFB.htm @MDCODE 2/11/2004 § 3-103 EST. & TRUSTS Distribution to surviving issue. Page 1 of I Maryland Code Maryland Code ESTATES AND TRUSTS TITLE 3. Intestate Succession; Statutory Shares. Subtitle. !: Proyisi°ns Ggveming.!ntestate Succession- [Previous Document in Book] [Next Document in Book] § 3-103 EST. & TRUSTS Distribution to surviving issue. The net estate, exclusive of the share of the surviving spouse, or the entire net estate if there is no surviving spouse, shall be divided equally among the surviving issue, by representation as defined in § 1-210 EST. & TRUSTS. (An. Code 1957, art. 93, § 3-103; 1974, ch. 11, § 2.) [R.r_.e.yi.o u s_ D 9..c._ u.rp e.n t ..i n_.B_o o k] [ N e x_t_D_ o~c_u_..m_ e n t~i_n_.. B__.o_9_~] Copyright © 2004 Loislaw.com, Inc. All Rights Reserved http://www.loislaw.com/pns/tocview.htp?dockey=00489DC8.htm @ MDCODE 2/11/2004 § 13-401 EST. & TRUSTS Definitions. Page 1 of 1 Maryland Code Maryland Code ESTATES AND TRUSTS TITLE 13. Protection of Minors and Disabled Persons. Subtitle 4. Recovery by Minor in.Tort C!aim. [Previous Document in Book] [Next Document in Book] § 13-401 EST. & TRUSTS Definitions. (a) In this subtitle the following words have the meanings indicated. (b) Minor. -- "Minor" means any person under 18 years of age (1) who actually resided in the State at the time of the happening of the occurrence out of which the claim, action, or judgment arises, or (2) who actually resides in the State at the time money is paid to him or to any person acting for him because of a claim, action, or judgment in tort. (c) Net sum. -- "Net sum" means the net amount due the minor or to any person acting for him after the deduction of the fee of the attorney and expenses. If the minor is not represented by an attorney, it means the amount due to the minor or to any person acting for him, by or on behalf of any person liable. (d) The person responsible for the payment of the money.- "The person responsible for the payment of the money" means: (1) The attorney, if the minor or any person acting for him is represented by an attorney; or (2) Any defendant, insurer, or the State under the provisions of the unsatisfied Claim and Judgment Fund Law, if the minor or any person acting for him is not represented by an attorney. (An. Code 1957, art. 93A, § 408; 1974, ch. 11, § 2; 1987, ch. 11, § 1.) Ll~.t.eyj_o_.u_s__~_oc_ument j_n_BQo_~l [Next Document in Book] Copyright © 2004 Loislaw.com Inc. All Rights Reserved http://www.loislaw.com/pns/tocview.htp?dockey=00489EF7.htm @ MDCODE 2/11/2004 § 13-402 EST. & TRUSTS Policy of State. Maryland Code Page 1 of 1 Maryland Code ESTATES AND TRUSTS TITLE 13. Protection of Minors and Disabled Persons. ~ Subtitle 4. Recovery by Minor in Tort Claim. [Previous Document in Book] [Next Document in Book] ~ 13-402 EST. & TRUSTS Policy of State. It is public policy of the state that any substantial sum of money paid to a minor because of a claim, action, or judgment in tort should be preserved for the benefit of the minor. (An. Code 1957, art. 93A, § 401; 1974, ch. 11, § 2.) [~reyip~!s D.p~um.f~B.~ .ir!..l~o~] Copyright © 2004 Loislaw.com, lnc. All Rights Reserved [_N_e_xt_...D_.Q ~_u_m~ E~! jo...._B...oo_k_] http://www.loislaw.com/pns/tocview.htp?dockey=00489EF8.htm @MDCODE 2/11/2004