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Home My WebLink About04-0257F:\WP Directories\J JWMinorsComp\brlansky,wpd JESSICA BRLANSKY, a minor, by and through her natural parent and legal guardian, DOROTHY BRLANSKY, Petitioners, V. JOSEPH R. BREECH, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . ., . NO. 2004- ~"7 CIVIL . . : CIVIL ACTION - LAW : MINOR'S COMPROMISE : PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION Pursuant to Pennsylvania Rule of Civil Procedure Number 2039, Dorothy Brlansky, natural parent and legal guardian of minor, Jessica Brlansky, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., petitions this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof avers: 1. Jessica Brlanskywas born on March 18, 1986 and, therefore, is 17 years old and a minor. She currently resides with her natural parent and legal guardian, Dorothy Brlansky, at 400 Allenview Drive, Mechanicsburg, Cumberland County, PA 17055. 2. Dorothy Brlansky, an adult individual, is the natural parent and legal guardian of Jessica Brlansky and currently resides with her minor daughter at 400 Allenview Drive, Mechanicsburg, Cumberland County, PA 17055. 3. Joseph R. Breech is an adult individual and currently resides at 19 West Keller Street, Mechanicsburg, Cumberland County, PA 17055. 4. On or about October 27, 2000, the minor, Jessica Brlansky, was a front-seat passenger in a 1995 Chrysler Concord (hereinafter "the Petitioners' vehicle"), which was owned and operated by her mother, Dorothy Brlansky. 5. At all times material hereto, the Respondent, Joseph R. Breech, was the operator of a 1987 Ford Tempo (hereinafter "the Respondent's vehicle"), which was owned by Richard A. Breech. 6. At all times material hereto, the Petitioner's vehicle was traveling westbound on West Marble Street approaching the intersection of Marble Street, Glen Street, and Williams Grove Road. 7. At about the same time and place, Joseph R. Breech, w as traveling eastbound on West Marble Street approaching the aforementioned intersection. Joseph R. Breech failed to stop at the posted stop sign and made a left turn and traveled directly into the path of Petitioners' vehicle. A violent impact ensued. (The Police Accident Report is attached hereto, made a part hereof, and marked, "Exhibit A.") 8. As a direct and proximate result of the negligence of the Respondent, the minor, Jessica Brlansky, suffered a cervical strain/sprain, a thoracic strain/sprain, and severe headaches. 9. As a result of the injuries suffered in the aforementioned accident, Jessica received medical care for a period of just over two months, before being discharged from active care on January 10, 2001. -2- 10. The Respondent's vehicle was insured under a policy of motor vehicle insurance issued by Erie Insurance Group that was in effect at the time of the collision. 11. After protracted negotiations, Erie Insurance Group offered to settle Jessica Brlansky's injury claim for four thousand dollars ($4,000.00). (A copy of the proposed Release is attached hereto, made a part hereof, and marked, "Exhibit B.") 12. Petitioner, Dorothy Brlansky, believes said settlement is in the best interests of her minor daughter, Jessica Brlansky, and proposes to accept said settlement offer of $4,000.00 from Erie Insurance Group. 13. Matthew S. Crosby, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and he requests counsel fees of one thousand dollars ($1,000.00) for services rendered, pursuant to the Contingent Fee Agreement, plus costs and expenses of $93.27. Although the original Contingent Fee Agreement, had indicated a fee of 33-/3%, or $1,333.33, counsel has elected to reduce this fee to 25%, or $1,000.00. Thus, the total amount requested by counsel for representing Jessica Brlansky is $1,093.27. (A copy of said Contingent Fee Agreement and the billing summary are attached hereto, made a part hereof, and marked, "Exhibit C.") 14. Petitioners request this Honorable Court order payment of the balance, $2,906.73, to be placed in an account investing only in securities guaranteed by the United States Government or by a Federal Government agency managed by responsible financial institutions, bearing the name of the minor, Jessica Brlansky, that is marked, "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of competent jurisdiction." -3- WHEREFORE, Petitioners request this Honorable Court to: a. Approve the Compromise above-stated; b. Authorize the payment of fees above-stated from funds due the minor; c. Authorize the guardian to sign the release; and d. Direct payment of the net funds due, in accordance with the Compromise above-stated. Date: Respectfully submitted, HAN~G & ROSENBERG, LLP Matthew S., Crosby, Esq. I.D. # 89367 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioners -4- Exhibit A COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT REPORT REPORTABLE [] NON - REPORTABLE [] PENNDOT USE ONLY 2. AGENCY NAME Mechanicsburg Borough Police Dept. 3. STATION/ 4. PATROL PRECINCT ZONE BADGE 5. INVESTIGATOR Ptlm S.F. Kreitzer NUMBER 7 5. APPROVED BY BADGE 7. INVESTiGATiON 18.ARRIVAL DATE 10/27/00 I TiME 0755 o, ^CC~DENT 10 DAY OF WEEK 2T. DATE 10/27/00 Friday DAY 0755 OF UNITS 2 1S. PR!V. PROP. Y [~ N[] 30. 13. # KILLED 0 14. iNJURED 2 ACCIDENT 16 DiD VEHICLE HAVE TO BE I?.VEHICLE DAMAGE REMOVED FROM THE SCENE? 0- NONE UNITI 19m UNIT ] UNIT 2 1 - LIGHT 18 HA~RDOUS y ~ . ~ lg. PENNDOT Y g N ~ 20. COUNTY Cumberlaad CODE 21 21. MUNICIPALITY Mcchaaicsburg Borough CODE 404 PRINGIPLE ROADWA¥ INFORMATION 2z ROUTE NO. OR SR 2011/West Marble Street STREET NAME I 24. TYPE J 2S. ACCESS 23. SPEED 35 HIGHWAY 0 l LIMIT CONTROL INTERSECTING ROAD: ROUTE NO. OR STREET NAME Glen Street SPEED j 28. TYPE 0 I29' ACCESS LIMIT 35 HIGHWAY CONTROL 1 IF NOT A T INTERSECTION: CROSS STREET OR SEGMENT MARKER 31. DIRECTION j 32. DISTANCE FROM SITE : I FROM SITE FT. MI 33. DISTANCEWAS MEASURED [] ESTIMATED [] 34. CONSTRUCT,ONZONE ~ 35. TRAFFIC CONTROLDEVICE PRINCIPAL INTERSECT,NO ~ ~J 36. LEGALLY Y N 37. ]3S. STATE 36. LEGALLY Y N 37. REG. PLATE CAU-3546 PA 39 PA TITLE OR 39. PA TITLE OR OUT-OF-STATE VtN 39904604703 OUT-OF-STATE VIN 4C OWNER Rich~d A Breech j 40. OWNER 4;. OWNER 41. OWNER ADDRESS 19 West Keller Street ADDRESS 42. CITY. STATE ,~- t : t _ 42. CITY, STATE & ZiP CODE wiecnanmsgm'g PA 17055 & ZIP CODE 43. YEAR 1987 J44. MAKE Ford 43. YEAR 1995 45. MODEL-(NOT t4S. I BODY TYPE) Tempo LX j NyS. [] iq [] UNK [] 45. MODEL- (NOT BODY TYPE) 47. BODY 48. SPECIAL 49. VEHICLE 47. BODY TYPE 04 USAGE 0 OWNERSHIP 9 TYPE 04 50. INITIAL IMPACT 51. VEHICLE 52. TRAVEL 50. INITIAL IMPACT POINT 01 STATUS 0 SPEED 99 POINT 12 53. VEHICLE 54. DRIVER i j55. DRIVER 53. VEHICLE GRADIENT 2 PRESENCE, 1 , CONDITION I GRADIENT 3 I 56. DRIVER 56. DRIVER 57. STATE PA NUMBER NUMBER 26 296 926 58 DRIVER 58. DRIVER NAME Joseph R Breech NAME 59. DRIVER 59. DRIVER ADDRESS 19 West Keller Street ADDRESS 6o. CITY, STATE 60. CITY, STATE & ZIPCOOE Mechanicsburg PA 17055 & ZIP CODE 62. DATE OF 63. PHONE Bi. SEX 62. DATE OF 61.SEXMiBIRTH 9/27/81 697-9379 F J BIRTH 64. COMM. VEH.J65. DRIVER 64 COMM. VEH. 65. DRIVER CLASS C y r--I N ~ I CLASS 67. CARRIER 67. CARRIER HP-L6225 J~i STATE 47944709002 Thoms J & D ,rothy H Brlansky 400 All ~nview Drive PA Mechanicsburg PA 17055 j44. MAKE Chrysler Concord 48. SPECIAL 49. VEHICLE USAGE 0 OWNERSHIP 1 51. VEHICLE 52. TRAVEL STATUS 0 SPEED 99 B.,OR,VER j I I BB. DR,VER PRESENCE CONDITION l 16 209 656 1,7. STATE PA Dorothy Helen Brlallsky 400 Allenview Drive Mechanicsburg PA 17055 3/21/54 63. PHONE 691-5965 C 68. CARRIER 68. CARRIER ADDRESS ADDRESS 69. CITY, STATE 69. CITY, STATE & ZIP CODE & ZIP CODE 70. USDOT # [ICC # PUC # 70. USDOT # 72. VEHICLE 73. CARGO 74. GVWR 72. VEHICLE CONFIG. IBODY TYPE CONFIG. 75. NO. OF 76. HAZARDOUS 77. RELEASE OF HAZMAT 75. NO. OF AXLES MATERIALS Y [-~ N [-~ UNK~ AXLES AA-45 (7198) PAGE: I J ICC # PUC # 73. CARGO 74. GVWR BODY TYPE MATERIALS 76. HAZARDOUS EXHIBIT A .r,6NDING EMS AGENCY ./MEDICAL FACILITY /80. PEOPLE INFORMATION A lB C D E F G t 1 M 19 3 2 9 2 1 F 46 3 I 1 2 3 F 14 3 I West Shore E.M.S. Holy Spirit Hospital, Camp Hill, Pa. 17011 NAME ADORESS Operator #1 Operator #2 Jessica Brlansky same as operator #2 iNCiDENT H21olololllololol314121-1olol71 ACC DENT DATE: 10/27/00 H I J K L M 0 0 0 B 0 0 9 9,2 6,4 B 6 1 9 9 2,4 B 0 4 81. ILLUMINATION ~'~ 82. WEATHERI~'~ 83. ROAD SURFACE[--~ S4. PENNSYLVANIA SCHOOL DISTRICT (IF APPLICABLE) 65. DESCRIPTION OF DAMAGED PROPERTY ~-WNER PHONE 86. DIAGRAM --~7. NARRATIVE - IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVEN1 S, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL- DETAILS. LiKE INSURANCB iNFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN, Unit Atl was eastbound on West Marble Street (extended) approaching the intersection of Marble Street, Glen Street & Williams Grove Road. Unit #2 was westbound On West Marble Street approaching the same intersection. As Uni #2 began to bear to the right/mm right onto West Marble Street (extended), Unit Atl turned in front of her and the two collided. Operator/fl advised that it was his original intent to continue east on Marble Street after reaching the intersection. However, he advised that as he looked ahead to the intersection of Marble & York Streets, he realized fi.at rush hour traffic was backed up at least one-half block. Due to the back-up, he made a last minute decision to make a left mm onto Glen Street in order to avoid the traffic. After "walking" his path of travel with me, he couldn'~ be certain whether or not he stopped before the stop sign and prior to entering the intersection. Operator #2 advised that she travels this same path daily and that she is very aware of traffic app.roaching the intersection in the same manner as Unit #1. She advised that, for that reason, she always holds her right turn signal in the "ON" position to alert drivers that she's bearing to the right/turning right onto West Marble Street (extended) from Marble Street. iNSURANCE COMPANY . INFORMATION Erie Insurance Exchange U~IT POLICY NO q 04 1703877 H NAME NONE KNOWN $8. WITNESSES NAME INSURANCE INFORMATION UNIT 2 ADDRESS ADDRESS COMPANY Smte Farm Mum~ Auto Insurance Co POLICY NO 664 0768-F04-38J PHONE PHONE 89. VIOLATIONS INDICATED g0. SECTION NUMBERS (ONLY IF CHARGED) TC NT Stop Signs & Yield Signs: Duties At Stop Signs 92 TYPE 91. PROBABLEusE0 'T;ST AA45(7~8) 93. RESULTS [~NO TEST 0. %E-~UNK 91. PROBABLE USE 0 PAGE: 2 PA/MVC section 3323 Co) [] ~ 'TEo 0 %[~]UNK-- YES COMPLETE?[] NO E PennDOT - BHS~ ~ COMMONWEALTH OF PENNSYLVANIA PAR CONTINUATION SHEET REPORTABLE[] NON-REPORTABLE[] ACCIDENT tCOUNTY R?121010101111010'0"31411-~11~10'0117'71 OATE 10/27/00 I COOE PEOPLE INFORMATION A B C O E F G NAME AODRESS PENNDOT USE ONLY MUNICIPAL CODE 404 I J K L 87. NARRATIVE Operator #2 advises that on this particular morning, she manually activated her right mm signal as she approached the intersection. She further related that she observed Unit #1 approaching the intersection from the opposite direction. She states that his vct~icle position on the roadway as he approached the intersection indicated to her that it was his intent to continue east on Marble Street. She further advised that he was not indicating any type of rum to the best of her recollection. She advises that just as she began to proceed onto West Marble Street (extended), Unit #1 turned into her path. Operator #2 advises that she attempted to take evasive action in order to avoid the crash by steering to her left because she felt that steering to her right may ultimately cause their two vehicles to strike school children who were walking along West Marble Street that she observed just about to cross over Glen Street prior to the crash. It is the opinion of Operator #2 that Unit #1 failed to stop ~t the stop sign prior to entering the intersection and, in fact, accelerated as he began to make his left turn in front of her. Operator #1 feels that he did use his turn signal when he made his turn and advises that he did not see a turn signa! on Unit #2 prior to starting his turn. There was a fourteen year old front seat passenger in Unit #2 ~vho advised that ohe happened to be looking directly in front of their path of travel just prior to the crash and she observed that Un:t #2 did not stop a~. the stop zign. She also relates that Unit #I did not, in her opinion, have his turn signal activated~ She was not able to definitively state whether or not Operator #2 had activated her turn signal. As a result of this aczident investigation, citation #A5476446-3 was filed against Joseph R Breech for PA/MVC Isection 3323(b): Stop Signs & Yield Signs; Duties at Stop Signs. ES. VIOLATIONS INDICATED 91. PROBABLE 92 TYPE USE 'TEST AA-450 [1/92) 93. RESULTS r---INO TEST r-]REFUSE 0. %E2UNK SO. SECTION NUMBERS (ONLY IF CHARGED) TC NTC 91.usEPROBABLE 92.TYPETEsT PAGE: 3 93 RESULTS {--]NO TEST 94. INVESTIGATION E~] REFUSE I COMPLETE ? O. %E~UNK I YES [] NO [] CENTER FOR HIGHWAY SAFETY Exhibit B GENERAL RELEASE For the consideration of Four Thousand Dollars ($4,000.00), receipt of which is hereby acknowledged, I/we release and discharge, and for myself/ourselves and for my/our heirs, representatives, executors, administrators, successors and assigns, do hereby remise, release and forever discharge Richard Breech and Joseph Breech hereinafter referred to as the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns, and any and all other persons, firms, corporations, associations, of and from any and all causes of action, suits, rights, judgments, claims and demands of whatsoever kind, in law or in equity, known and unknown, which I/we now have or may hereafter have, especially the claimed legal liability of releasee(s), arising from or by reason of any and all bodily or personal injuries and/or property damage known and unknown, foreseen and unforeseen which heretofore has/have been or which hereafter may be sustained by me/us arising out of the accident on or about October 27, 2000, at or near Williams Grove Road, in the County of Cumberland, in the State of Pennsylvania, which liability releasee(s) expressly deny(ies). IIWe agree that the consideration set forth above is specifically applicable to and paid m me/us with respect to any and all damage to any property, either real or personal, of mine/ours and with respect to any and all personal or bodily injury of mine/ours, whether presently known or unknown, foreseen or unforeseen or which may subsequently develop and the consequences thereof, all as arising out of the aforementioned accident. I/We further agree that the consideration set forth above is specifically applicable to and paid to me/us with respect to any right of contribution that I/we may have against the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns relative to claims of others that may be brought against me/us by reason of said accident. lIWe further agree that the consideration set forth above is specifically applicable to my/our agreement that I/we will not join nor attempt to join the releasee(s), his/her/their/its executors, administrators, insurers, successors and assigns in any capacity, in any action that may be brought against me/us arising out of said accident. I/We warrant for myself/ourselves and my/our heirs, representatives, executors, administrators, successors and assigns that I/we have received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which I/we now have or may h,~ere_,a~er~a~ve, for ',injuries to my/our person or property or for the other _n3atters for which this release is given., Interring to ~ legally bound thereby, ~SS my/our hand(s) and seal(s) this day of WITNESS (Seal) Claim#OlO170520395 J. Miuner:sab (Seal) REL2 Page 1 EXHIBIT B 743452 I CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, DOROTHY BRLANSKY, natural parent and guardian of JESSlCA BRLANSKY, do hereby retain HANDLER, HENNING & ROSEN BERG, 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 JOSEPH BREECH, or against anyone else, as a result of injuries or damages my child sustained in an incident that occurred on October 27, 2000. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. NOW, THEREFORE, in consideration of the services so to be rendered by Handler, Henning & Rosenberg, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without 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 for any necessary expenses and costs advanced on my behalf in pursuing my child's claim. I also authorize counsel to destroy my child's file three (3) years after the case is closed. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I ACKNOWLEDGE that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this . day of ral parent and guardian of JESSICA BRLANSKY L:XHIBIT 0 ndle-r' nmng senberg ATTORNEYS AT LA~)Y 1300 Linglestown Road, Harrisburg, PA 17110 JESSICA BRLANSKY CIO DOROTHY BRLANSKY 400 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 BILL NO: DATE BILLED: 9861 December 29, 2003 Client No: 206007 Matter: 00000 Attorney: MSC INVOICE PAYMENT DUE UPON RECEIPT EXPENSES CASE 03/13/2002 BIND 03/13/2003 CASE 12/29~003 COPY 12/31~003 12/31/2003 12/31/2003 POST ~2/31/2003 03/13/2002 20.08 I VendorBOWANSDALE FAMILY;GeneralCaseExpense 03/13/2003 2.00 I Book Binding Costs 12/29/2003 55.50 I VendorPROTH OF CUMBERLAND CO;GeneralCaseExpense 12/31/2003 2.00 I DocumcntRcproducfion 12/31/2003 7.60 I Document Reproduction 12/31/2003 1.08 ] Postage Costs 12/31/2003 5.01 I Postage Costs TOTAL EXPENSES Total due this invoice 20.08 2.00 55.50 2,00 7.60 1.08 5.01 $93.27 $93.27 TOTAL BALANCE DUE $93.27 PAY BY CREDIT CARD: Card # Authorized Signature __ Visa __ Mastercard Discover Exp. Date VERIFICATION I, DOROTHY BRLANSKY, natural parent and guardian of JESSICA BRLANSKY, a minor, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. 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. JESSlCA BRLANSKY, a minor JESSICA BRLANSKY, a minor, by and through her natural parent and legal guardian, DOROTHY BRLANSKY, PETITIONERS JOSEPH R, BREECH, RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 04-0257 CIVIL TERM ORDER OF COURT O~kday of January, 2004, IT IS ORDERED: AND NOW, this (1) Approval of the settlement of this minor's claim for $4,000 for Jessica Bdansky, born March 18, 1986, IS GRANTED. (2) From the settlement of $4,000, a counsel fee of $1,000 and costs of $55.50 ARE APPROVED. (3) The net proceeds of $2,944.50 shall be placed in a federally insured interest bearing investment in the Fulton Bank in the name of Jessica Brlansky, born March 18, 1986. (4) The account shall contain the following notation: "NO WITHDRAWAL CAN BE MADE PRIOR TO JESSICA BRLANSKY, BORN MARCH 18, 1986, OBTAINING HER MAJORITY EXCEPT BY AN ORDER OF A COURT OF COMPETENT JURISDICTION." (5) Dorothy Bdansky as parent and legal guardian of Jessica Brlansky, is authorized to sign any release necessary to effectuate this settlement, and to then settle and satisfy the docket. Counsel for plaintiff, Matthew S. Crosby, Esquire, shall file with the Prothonotary, and forward a copy to this chambers, proof of compliance with this order. Edgar B. Bayley, J. ~,~vlatthew S. Crosby, Esquire For Petitioners ~1C'~ ~.~._Q JESSICA BRLANSKY, : IN THE COURT OF COMMON PLEAS by and through her natural parent : CUMBERLAND COUNTY, PENNSYLVANIA and guardian, DOROTHY BRLANSKY, : Petitioners · JOSEPH R. BREECH, Respondent : NO. 04-0257 CIVIL TERM : _. _. : MINOR'S COMPROMISE AFFIDAVIT OF DEPOSIT OF MINOR'S FUNDS The undersigned, HANDLER, HENNING & ROSENBERG, LLP, cbunsel for DOROTHY BRLANSKY, parent and natural guardian ofJESSICA BRLANSKY, a minor, hereby certifies that the net settlement amount of $2,944.50 for the minor, JESSICA BRLANSKY, as set forth in this Court's Order, dated January 29, 2004, was deposited by HANDLER, HENNING & ROSENBERG, LLP, by MATTHEW S. CROSBY, Esq., into a restricted, Federally insured time deposit account, marked "No withdrawals prior to age 18 without prior court approval" on or about March 1, 2004 to Account No. 012-0209033, with Fulton Bank, and titled to Jessica Brlansky, a minor;. A proof of deposit is attached hereto as Exhibit A. Respectfully submitted, Sworn~&r~subscribed this I_~ day of J~Ct=~_, 2004 otary Public HANDLER,~E4NNING & ROSENBERG, LLP .7~'y t~ Feat~, E sq. /~ ID ~qo."~9456--- (for Mat~ew S. Crosby, Esq. ~ i 30~nglestown Rd. H~isb~g, PA 17110 717-238-2000 Counsel for Dorothy Brlansky, Parent and Natural Guardian of Jessica Brlansky I eodle. r" nnln9 senberg ATTORNEYS AT LA~./ Leslie B. Handler, Retired W. Scott Henning David H Rosenberg IPA, FLI Carolyn M. Anner (PA, NY, Matthew S. Crosby (PA, NJI Gregory M. Feather (PA. NJ) Stephen G, Held Jason C Imler Februaw 23,2004 HARRISBURG OFFICE 1300 i.inglesto~vn Road Harrisburg, PA 17110 717-238-2000 1-800-422-2224 717-233-3029 (fax) LANCASTER OFFICE I40A E King Steer Lancaster, PA 17602 717-431-4000 DIRECT MAIL TO: P.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: Jessica Briansky Tax Identification # 210-70-2785 This deposit in the amount of $2,944.50 shall be placed in a College Savings Plan Account marked not to be withdrawn without a court order until Jessica reaches the age of 18. Her date of birth is March 18, 1986 which means these funds may not be released until March 18, 2004 Thank you for your immediate attention to this matter. BANK CERTIFICATION:: Type of Account Opened Account# Amount of Deposit Account Opened By Sincerely, Lode A. Snyder Assistant Administrator Term of CD: ~ Interest Rate Withdrawal Restrictions Court Order Received ~S . EXHIBIT A