HomeMy WebLinkAbout03-1230Jfl/minors comp/travers
VICTORIA TRAVERS, a minor
by and through her natural parent
and legal guardian, BRIDGETTE
TRAVERS,
Petitioner
LANNY D. DWYER,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MINOR'S COMPROMISE
PETITION FOR LEAVE TO
COMPROMISE MINOR'S ACTION
Pursuant to Pennsylvania Rule of Civil Procedure Number 2039, Bridgette
Travers, the natural parent and legal guardian of minor, Victoria Travers, by and
through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M.
Feather, Esq., petitions this Honorable Court to enter an Order permitting settlement
and compromise of this action, and in support thereof avers:
1. Victoria Travers was born on July 9,1993, and is therefore nine years old
and a minor. She currently resides with her mother and father, Carroll Travers, at 11
Long Street Drive, Carlisle, Cumberland County, PA 17013.
2. Petitioner, Bridgette Travers, an adult individual, is the natural parent and
legal guardian of Victoria Travers and currently resides with her daughter at 11 Long
Street Drive, Carlisle, Cumberland County, PA 17013.
3. Respondent, Lanny D. Dwyer, is an adult individual currently residing at
400 NW 56th Street, Lincoln, Lancaster County, NE 68528.
4. Crete Carrier Corporation is a corporation with offices located at P.O. Box
81228, Lincoln, Lancaster County, NE 68501.
5. On or about July 4, 2001, the minor, Victoria Travers, was a back-seat
passenger in a 1998 Ford Taurus SE (hereinafter "Petitioner's vehicle") owned by
Bridgette and Carroll Travers and operated by her father, Carroll Travers.
6. At all times material hereto, Petitioner's vehicle was traveling southbound
on Route 11 in Silver Spring Township, Cumberland County, Pennsylvania.
7. On or about July 4, 2001, Respondent, Lanny D. Dwyer, was operating a
tractor-trailer owned by Crete Carrier Corporation, heading southbound on Route 11 in
Silver Spring Township, Cumberland County, Pennsylvania, and traveling in front of
Petitioner's vehicle.
8. At all times material hereto, Respondent had the tractor-trailer's hazard
lights activated due to slow speed.
9. At all times material hereto, Petitioner's vehicle attempted to pass
Respondent, when suddenly, and without warning, Respondent started to make a left
turn and violently impacted with the Travers vehicle. The Police Accident Report is
attached hereto, made part hereof, and marked, "Exhibit A."
10. As a direct and proximate result of the negligence of the Respondent, the
minor, Victoria Travers, suffered a laceration in her superior buccal sulcus above the front
teeth that was about one-half centimeter long and a bump on her head. She was
presented to the Emergency Room at Holy Spirit Hospital where she was treated and
released.
11. The Respondent's vehicle was insured under a policy of motor vehicle
insurance issued by Transportation Claims, Inc., that was in effect at the time of the
collision.
12. At the time of this collision, the minor, Victoria Travers, was insured under
Petitioner's automobile insurance policy with Nationwide Insurance Company. To date, all
of said minor's collision-related medical bills have been paid by Nationwide Insurance
Company.
13. After protracted negotiations, Transportation Claims, Inc., has offered to
settle Victoria Travers' claim for three thousand five hundred dollars ($3,500.00).
14. Petitioner believes said settlement is in the best interests of the minor and
proposes to accept said settlement offer of $3,500.00, thereby releasing Respondent
from any and all claims, suits, and/or actions in the future. Attached hereto, made a
part hereof, and marked "Exhibit B," is the proposed settlement release.
15. Gregory M. Feather, Esq., of HANDLER, HENNING & ROSENBERG,
LLP, has been the attorney for the minor in this action and he requests reasonable
counsel fees of $875.00 for services rendered plus costs and expenses of $95.92,
pursuant to a Contingent Fee Agreement signed by Petitioner. The 25% represents a
reduction from the 33-1/3% fee agreement signed by the Petitioner for Victoria Travers.
Thus, the total amount requested for attorney's fees and costs is $970.92. Attached
hereto, made a part hereof, and marked "Exhibit C," are copies of the Contingent Fee
Agreement and the billing summary.
16. Petitioner further requests this Honorable Court to order a payment of the
balance of $2,529.08 to be placed in an account investing only in securities guaranteed
by the United States government or a Federal governmental agency managed by
responsible financial institutions, bearing the name of the minor, Victoria Travers, that is
marked "Not to be withdrawn until minor reaches the age of 18 or without the Order of a
Court of Competent jurisdiction."
17. Petitioner, Bridgette Travers, believes that this Compromise is in the best
interest of her minor daughter Victoria Travers.
WHEREFORE, Petitioner requests this Honorable Court to:
Co
Approve the Compromise above-stated;
Authorize the payment of fees above-stated from funds due the
minor; and
Direct payment of the net funds due, in accordance with the
Compromise above-stated.
DATE:
Respectfully submitted,
HANDLER, HENNING & RO. SENBERG, LLP
By ~
"---H~rrisburg, PA 17110 (717) 238-2000
Attorneys for Petitioner
~ C' = ~/IONWF~IL TH OF PENNSYL VANI~
%%~1 POLICE ACCIDENT REPORT
OREFER TO OVERI~AY' ~$HEETS REPORTABLE ~ NON-REPORTABLE ['~ PENNDOT USE ONLY
1. INCIDENT 20.COUNTY CODE 21
NUMBER TA01-184 CtlV~~
2.AGENCY 21.MUNICIPALITY SILVE~ SPR/~N~ TWP CODE 212
NAME s~n~ SPR/lqG TWP POLICE DEPT
4.PATROL
3.STATION/pRECiNCT 21/212 ZONE 0401 PRINCIPAL ROADWAY INFORMATION
5. INVESTIGATOR BADGE 22.ROUTE HO.OR SRO011 OkRLIb-T~ PII(~
IArl'T,l',TiqlVl A ~ OR NUMBER 2407 STREET NAME
6.APPROVED BY BADGE 23.SPEED ] ~ TYPE ~:~).ACCESS
~ R .~kl'3T,l~L NUMBER 2404 LIMIT 45 (~)'HIGNWAY S --CONTROL 1
7.1NVESTIGATION 07/04/2001 ] 8.ARRIVAt
DATE TIME 2209 INTERSECTING' ROAD:
9.ACCIDENT 07/04/2001 lO.DAY OF WELl( ~ NP (~'RIGm~AY 0 1
DAIE LIMIT L
ll.TIME OF 12.NUMBER
DAY 2203 OF UNITS 2 .F. II;'NOTAT]'N~t~$EcTION:
13.# I(I,LEOoI21NJURED 1S.PRIV.PROP.AcCiDENT Y F'I N ~-~ 30.CROSSsEGMENTSTREETMARi(EROR
16.DID VEHICLE HAVE TO BE I?.VEHICLE DAMAGE 31.DIRECTION }32.DISTANCE
REMOVED FROM THE SCENE? D-NONE UNIT 1 F~ FROM SITE N 8 E W FROM SITE FT. MI.
UNIT 1 UNIT ~ 1-LIGHT [ -- }F_~ 33.DISTANCE WAS [~]
2-MODERATE MEASURED EST IMATED
. 3-SEVERE UNIT 213[ OCONSTRUCTION OTRAFFIC PRINCIPAL INTERSECTING
11). HAZARDOUS 19. PENNDOT DEV I CE
MATERIALS Y WI. FA-1 PROPERTY y F'l N []
36.LEGALLY Y N 37.REG. [38.STATE 36.LEGALLY Y N [37.REG. 138.STATE
PARKED? [] [] PLATE N/.A PARKED? [] [] PLATE SPJ-4862 PA.
39.PA TITLE OR 39.PA TITLE OR
GUT-OF-STATE ViN 1FL'U'n~'2~--92L~01358 OUT-OF-STATE VIN ~083529
~.1 .OWNER 41.0tdNER
ADDRESS 400NW 5~'~x-I ~ ADDRESS 6280
42.CITY,STATE 42.CITY,STATE
& ZIPCODE ~~ ~. 68528 S Z~PCODE ~. PA Z7055
BODY TYPE) ~Y ~ N ~ UNK~ BODY TYPE) ~S ~ N ~ UNK~
TYPE 74 USAGE 6 ONNERSHIP 2 TYPE 04 USAGE 0 OWNERSHIP 1 ....
POINT 11 STATUS 0 SPEED 99 ~POINT 02 STATUS 0 SPEED 99
56.DELVER 5I.STATE ~
N~BER ~00524420950 N~BER 25482370 PA
58.DRIVER 58.DRIVER
NAME ~ ~ ~ NAME ~~ L
59. DR t VER 59. DR I VER
ADDRESS 824 ~ ~ ~. ADDRESS 6280 ~[~
60.CITY,STATE 60.CITY,STATE
& ZIPCODE ~ ~. 32~48 & ZIPCODE ~-
61.SEX ,62.DATE OF I 63.PHONE 61.SEX I62'DATE OF 02/09/1971 [ 63.PHONE
H { a~ETH 03/~5/~942 904-684-3298 H BIRTH 960-9853
67. CARR I ER ~ 67. CARR l ER
~. CARR I ER 68. CARR I ER
ADDRESS 400 ~ 56~ ~ ADDRESS
69.CI TY,STATE 69.CITY,STATE
& ZIPCODE ~~ ~ 68528 & Z1PCODE
70.USDOT ,073705 ~ IICc' PUC~ 70.USDOT ~ ~ IlCCfl PUC~
CONFIG. 6 BODY TYPE 2 80000 CONFIG. BODY TYPE
75.N0. OF ~HAZARDOUS 77.RELEASE OF HAZ MAT 75.N0. OF ~XHAZARDOUS F7.RELEASE OF HAZ MAT
AXLES 5 MATERIALS O0 Y~ N ~ UNK~ AXLES ~ MATERIALS Y~ N ~ UNK~
.~o~[ EXHmBIT A ~ - ..... l FOR HIGH,AY SAFETY
f 78.RESPONDING EMS AGENCY ~]~,~ ~.
~9.MEDICAL FACILITY I-IC)T,Y S~.
(~LROAD SURFACE~--~
84.PENNSYLVANIA SCHOOL DISTRICT
(IF APPLICABLE)
N/A
85.DESCRIPTION OF DAMAGED PROPERTY
~NER
ADDRESS
PHONE
8?.NARRATIVE-IDENTIFY PRECIPITATING EVENTS
DETAILS, LIKE INSURANCE INFORMATION AND
ADDRESS
Ll~ 2 TI~
86. D I AGRAM:
INCIDt~ ~ :TA01-184
~__I--D--~ DATE: 07/04/2001
H I J K
0 0 0 B
4 9 3lB
4 9 3lB
4 2 liB
0 0
L M
0 1
0 0
0 2
0 0
CAUSATION FACTORS, SEQUENCES OF EVENTS, WITNESS STATEMENTS AND PROVIDE ADDITIONAL
.OCATION OF TOWED VEHICLES, IF KNOWN.
INSURANCE l COMPANY INSURANCE COMPANY
INFORMATION ~ ]~X~~ ~ ' INFORMATION NA__~C~E
UNIT I POLICY NO I UNIT POLICY NO
1 ! C~0705587 ! 2 5837C517149
NAME ADDRESS
88. J(~ NOT,~I~ 56 ~FC~CY ~I~ODS SCK31/q CARLISLE PA 17013 697-0805
WITNESSES I NAME ADDRESS
I
: : i: .~9. VIOLATIONS INDICATED 90. SE E~ IF
I
i UNIT l OF TURN- 3331
PHONE
PHONE
TC NTC
~ NO TEST COMPLETE?
F-] REFUSE F-~
ES] UNK YES NO
CENTER FOR HIGHWAY SAFETY
(~R'EFER TO 'OVERLAY SHEETS REPORTABLE ~ NON-REPORTABLE J--'"-I PENNDOT USE ONLY
N~UI~BER ']lZkOl-184 DATE 07 04 2001 CODE 21 CODE 212
I~L)~,PERSON INFORMATION-USE OVERLAY #Z SHEET FOR CODES
-A B C D E F G NAME /[DDRESS H ] J K L M
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~9. VIOLATIONS INDICATED 90. SECTION NUMBERS (ONLY)F CHARGED) TC NTC
:.: USE TEST ~ NO TEST USE TEST ~ ~0 TEST COMPLETE?
~.,T 1 ~ .~u~ ..,T ~ ~ RE~US~~Im
~ U~K ~ ~ UNK ~ES 0
PAGE :_
CENTER FOR HIGH~AY SAFETY
Exhibit B
RELEASE
FOR THE SOLE CONSIDERATION OF
..Three thousand five hundred and 00/100 Dollars ($3,500.00) from Transportation Claims,
Inc., the receipt and sufficiency whereof is hereby acknowledged, the undersigned,
BRIDGETTE TRAVERS, natural parent and guardian of VICTORIA TRAVERS, a minor, hereby
releases and forever discharges
Transportation Claims, Inc. and Lanny D. Dwyer
from any and all claims and causes of action that I now have or may have against said
Transportation Claims, Inc. and Lanny D. Dwyer, resulting from an accident my daughter,
VICTORIA TRAVERS was involved in, that occurred on the
4th day of July 2001 on the Carlisle Pike, Cumberland County, Pennsylvania
THE UNDERSIGNED hereby declares that she has completely read, fully understood and
voluntarily accepted the terms of this settlement for the purpose of making a full and final
compromise adjustment and settlement of any and all claims, disputed or otherwise, on account
of the injuries and damages above-mentioned, and for the express purpose of precluding
forever any further or additional claims arising out of the aforesaid accident.
IN WITNESS WHEREOF,
I have hereunto set my hand and seal this __day of
,2003.
In presence of:
WITNESS:
SIGNED x
BRIDGETTE TRAVERS,
natural parent and guardian of
VICTORIA TRAVERS, minor
EXHIBIT B
Exhibit C
CONTINGENT FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that I, Bridgette Travers, natural
parent/guardian of Victoria Travers, do hereby retain HANDLER, HENNING &
ROSENBERG, of Harrisburg, Pennsylvania, as my attorneys in this matter to represent
me and to process, negotiate, arbitrate a settlement or to institute for me in my name, any
legal proceedings or actions that, in their judgment are necessary, against any and all
persons as a result of injuries or damages sustained by me in an incident that oc6urred on
July 4, 2001.
I agree not to settle, negotiate or adjust the above cla~nq or any proceedings based
thereon without the written consent of my said attorneys.
NOW, THEREFORE, in consideration of the services so to be rendered bv Handler.
Henning & Rosenberg, I hereby covenant, promise and agree to pav the~ fbr their
professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT/33 1/a%)
of whatever sum is recovered as a result of settlement xvithout suit; or FORTY PERCENT
(40%) of whatever sum is recovered after suit is filed or in the event of arbitration or
mediation. I will reimburse Handler, Henning & Rosenberg tbr any necessary expenses
and costs advanced on my behalf in pursuing my claim. I also authorize counsel to destroy
my file three (3) years after the case is closed.
Counsel reserves the right to wiredraw ii' they desire to do so, for any reason(s) they
deem proper.
I ACKNOWLEDGE that i have read apr>roved and understood the above
Contingent Fee Agreement and I acknowledge havihg received a copy of the sarrfe. Th~
terms set forth are accepted.
IN WITNE_ SS WHEREOF, I have hereunto set my hand and seal this
' .-~--73,"~ ~i / /" 4 /"'"~'/ ' -
-..d' .' / ,, _.--"' ~. ./ :~ ".' .,::'., '-7",.'_ ~'_'J.: .-r.
'%, ,/ -- - Bridgette.Ti-avers
Natural Parent/Guardian of
Victoria Travers
._(SEAL)
~day of
E'XHIBIT O
ondle,r,
nn,ng&
senb_ erg
ATTORNEYS AT LA~d
1300 Linglestown Road, Harrisburg, PA 17110
VICTORIA TRAVERS
Invoice#:
Client #:
Attorney:
Billing through:
INVOICE
March 13, 2003
5277
205959
GMF
03/31/2003
INVOICE
EXPENSES
[CASE 01/23/2003
55.50
01/23/2003
l CASE 03/13/2003
Vendor PROTH OF CUMBERLAND CO; General Case Expense
55.50
03/13/2003
CASE 03/13/2003
Vendor PROTH OF CUMBERLAND CO; General Case Expense
55.50-
03/13/2003
[7343 03/31/2003
Vendor PROTH OF CUMBERLAND CO; General Case Expense
35.07
03/31/2003
[COPY
ELECTRONIC HEALTHINFORMATION
03/31/2003 3.20
03/31/2003
IISI
Document Reproduction
03/31/2003 0.80
Document Reproduction
03/31/2003 1.26
Postage Costs
03/31/2003 0.09
Long Distance Telephone Charges
03/31/2003
POST
03/31/2003
TELE
03/31/2003
TOTAL EXPENSES
Total due this invoice
55.50
55.50
(55.50)
35.07
3.20
0.80
1.26
0.09
$95.92
$95.92
TOTAL BALANCE DUE
$95.92
PAYMENT DUE UPON RECEIPT
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document
are based upon information which has been furnished to counsel by me and
information which has been gathered by counsel in the preparation of this lawsuit.
The language of the document is of counsel and not my own. I have read the
document and to the extent that it is based upon information which I have given to
counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the contents of the document are that of counsel, I have relied upon
my counsel in making this Verification. The undersigned also understands that the
statements made therein are made subject to the penalties of 18 Pa. C.S. Section
relating
4904, to unsworn falsific~a~[on to authorities. (/'-"
Rrid-~-~tte Tr v~r~, natural ~--arent and guardian of
Victoria Travers
Date:
Jfl/minors comp/travers
VICTORIA TRAVERS, a minor
by and through her natural parent
and legal guardian, BRIDGETTE
TRAVERS,
Petitioner
LANNY D. DVVYER,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O2-- /~[DO
CIVIL ACTION .- LAW
MINOR'S COMPROMISE
AND NOW, this ?-- ~/* day of
consideration of the foregoing Petition,
ORDER
,2003, upon
IT IS HEREBY ORDERED that the disbursement of' funds, as well as counsel
fees and expenses, are approved as set forth in said Petition and shall be disbursed in
accordance with the terms and conditions of the settlement agreement as follows:
A. Direct payment of $970.92 to Gregory M. Feather, Esq., representing
reasonable attorney's fees of $875.00 and $95.92, for reimbursement of costs;
B. Direct payment of the balance of $2529.08 to be placed in an account
investing only in securities guaranteed by the United States government or a Federal
governmental agency managed by responsible financial institutions, bearing the name
of the minor, Victoria Travers, that is marked "Not to be withdrawn until minor reaches
the age of 18 or without the Order of a Court of Competent jurisdiction".
C. Proof of deposit is to be filed with the Court.
BY THE COURT:
VICTORIA TRAVERS, a minor,
by and through her natural
parent and legal guardian,
BRIDGETTE TRAVERS,
Petitioner,
THOMAS POGUE,
Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
'.
.
: NO. 03-1230 Civil Term
: CIVIL ACTION .- LAW
: MINOR'S COMPROMISE
:
PROOF OF DEPOSIT
AND NOW, comes the Petitioner, BRIDGETTE TRAVERS, natural parent and
legal guardian of VICTORIA TRAVERS, a minor, and by ;and through her attorneys,
HANDLER, HENNING & ROSENBERG, LLP, and avers that a restricted account was
opened for the said minor, in a Federally-insured Time Deposit account, in accordance
with the March 24, 2003, Order of Court, signed by The Honorable Kevin A. Hess,
Judge. Attached hereto, made a part hereof, and marked, "Exhibit A," is
documentation evidencing the opening of the said restricted account for the said minor.
HANDLER, HENNING & ROSENBERG, LLP
Gre~ry M. Fea-~er, Esq.
i300 ~nglestown Rd.
L_l~a~r~burg, PA 17110
Tel. No.: 717-238-2000
Supreme Court iD No.79456
Attorneys for Petitioner
DATE:
,, o_ndle.r'
nmng
senberg
ATTORNEYS AT LAmb'
Leslie B. Handler, Retired
,~/. Scott Henning
David H Rosenberg (PA. FL)
Carolyn M. Anner (PA, NY, RN}
Matthew S. Crosby (PA, NJ)
Grego~' M. Feather IP^, NJ)
Stephen G. Held
Jason C. Imler
July 21,2003
HARRISBURG OFFICE
1300 Ungle$~own Road
Harrisburg, PA 17110
717-238-2000
1-800-422-2224
7 ! 7-233-3029 (faxl
LANCASTER OFFICE
140^ E King St~et
Lancaster, PAl7602
717-431-4000
DIRECT MAIL TO:
?.O. Box 60337
Harrisburg, PA 17106
www. HHRLaw.com
LorieS@HHRLaw.com
Robin Strauser
Fulton Bank
Third and Locust Streets
Harrisburg PA 17101
Dear Robin:
Enclosed you will find a completed Retail Account Agreement to open a new account in the name
of:
Victoria Travers
Tax Identification # 217-39-3678
This deposit in the amount of $2,259.08 shall be placed in a College Savings Plan Account
marked not to be withdrawn without a court order until Victoria reaches the age of 18. Her date
of birch is July 9, 1993 which means these funds may not be released until July 9, 2Oll .Thank
you for your immediate attention to this matter.
BANK CERTIFICATION::
Type of Account Opened
Amount of Deposit --~'~1
Account Opened By
Withdrawal Restrictions
Court Order Received
Sincerely,
Lode A. Snyder
Assistant Administrator
Interest Rate ~' ~
EXHIBIT A
CERTIFICATE OF DEPOSIT TERMS AND CONDITIONS - SUMMARY
Certificate of Deposit Type: 8 YEARS
Renewed CD #:
Account No.: 012-0202719
Issue Date: 07/25/03
Principal Amount: $ 2,529.08
Interest Rate: 2.47%
RegisteredHolderName(s) andAddress:
VICTORIA TRAVERS COURT ORDERED
BRIDGETTE TRAVERS GUARDIAN
NO WD TILL MAJ 7/9/11
CASE ~03-1230
11 LONG STREET DRIVE
CARLISLE PA 17013
Maturity Date: 07 / 25 / 11
Annual Percentage Yield: 2.50%
Interest Distribution Method:
Deposit to Account
Savings Checking
×× Add to Principal
Issue Check
Frequency of Payment: ANNUALLY
Tax ID Number(s): 217-39-3678
X Individual(s) Sole Proprietor Partnership
Corporation
Lodge/Similar Org. Bus. Trust
Ltd. Liability Co
Fulton Bank acknowledges receipt of the above-described deposit, subject to collection of any porlion thereof
made in other than casb¢, in@ccordaoc~ wi~ the Rules and Regulations for Certificates of Deposit.
Fulton BanK /// (/ /. ***.o PENALTY FOR EARLY WITHDAAWAL
B ' /, ~ COURT ORDERED TIME DEPOSIT***
y. u ,I .f / o:
Authorized Signature .~obindeda Y Strauser
lANe have received a copy of the Rules and Regulations For Certificates or' Deposit and agree, on behalf of all
Registered Holders, to the terms and conditions of the certificate of deposit.
Individuals and t/oie Proprietorships: Non-individuals:
'S[~Sature (pri~) Name Signature
Signature (secondary)
Signature (secondary)
Name
Title Signature
Name
Title Signature
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number
to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, of (b) I have
not been notified by the Internal Revenue Service that I am subject to backup withholding as a result of
a failure to repo~ all interest or dividends, or (c) the IRS has not ified me that I am no longer subject to
backup with. holding.
You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding becaus f underreporting interest or dividends
~igna~'ure (Prima?,~dividua~) Title (if Nonqndividual)
.. Dis~but/on: CiF/Branch/Depositor
on your tax return.