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HomeMy WebLinkAbout02-0604MATTHEW TRACE, minor, by and through his natural parents and guardians, LORI TRACE, and RONALD TRACE, Petitioners GINGER WALDEN, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.(3~-~0~ CIVIL CIVIL ACTION - LAW PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION Pursuant to Pennsylvania Rule of Civil Procedure Number 2039, Lori Trace and Ronald Trace, the natural parents and guardians of minor, Matthew Trace, by and through their attorneys, HANDLER, HENNING & ROSENBERG, petition this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof aver: 1. Matthew Trace was born on October 20, 1990 and is therefore 11 years old and a minor. He currently resides with his parents at 20 West Simpson Street, Mechanicsburg, Cumberland County, PA 17055. 2. Lori Trace and Ronald Trace, adult individuals, are the natural parents and guardians of Matthew Trace and they currently reside with their son, Matthew Trace, at 20 West Simpson Street, Mechanicsburg, Cumberland County, PA 17055. 3. On or about February 1, 2000, the minor, Matthew Trace, was traveling in a 1988 Ford Tempo that his mother, Lori Trace, was operating. _]_ 4. On or about February 1, 2000, Respondent, Ginger Walden, was the operator of a 1988 Chevy Cavalier. 5. At all times material hereto, the vehicles were traveling north on Silver Spring Road [SR1011], Silver Springs Township, Cumberland County, Pennsylvania. 6. Due to her actions and careless driving, Respondent Walden took her attention away from the roadway and when she paid attention again, she could not stop, which resulted in her rearending the vehicle that the Petitioner was in. The Police Accident Report is attached hereto, made part hereof, and marked, "Exhibit A." 7. As a direct and proximate result of the negligence of the Respondent, the minor, Matthew Trace, sustained a head injury with symptoms of persisting headaches and dizziness. He has recovered from his injury. 8. Respondent's vehicle was insured under a policy of motor vehicle insurance issued by Traveler's Insurance Company that was in effect at the time of the accident. 9. At the time of this collision, the minor, Matthew Trace, resided with his natural parents and guardians, Lori Trace and Ronald Trace, and was, therefore, defined as an insured under his parents' automobile insurance policy with State Farm Mutual Auto Insurance Company. 10. After negotiations, Traveler's Insurance Company agreed to settle Matthew Trace's claim for one thousand dollars ($1,000.00). Attached hereto, made a part hereof and marked, "Exhibit B," is a copy of the proposed Release. -2- 11. Petitioners, Lori Trace and Ronald Trace, believe said settlement is in the best interests of the minor, Matthew Trace, and propose to accept said settlement offer of $1,000.00 from Traveler's Insurance Company, thereby releasing Respondent from any and all claims, suits, and/or actions in the future. 12. Gregory M. Feather, Esq., of HANDLER, HENNING & ROSENBERG, has been the attorney for the 'minor in this action and he requests counsel fees of $250.00 dollars for services rendered, pursuant to a Contingent Fee Agreement signed by Petitioner, plus costs and expenses of $173.09. Although the original Contingent Fee Agreement had indicated a fee of 33-1/3%, counsel elected to reduce this fee to 25%. Thus, the total amount to be forwarded to Gregory M. Feather, Esq. for representing Matthew Trace is $423.09. A copy of said Contingent Fee Agreement, signed by Ronald Trace, as natural parent and guardian of Matthew Trace, and the billing summary are attached hereto, made a part hereof and marked, "Exhibit C." 13. Petitioners request this Honorable Court to order an immediate payment of $576.91, 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 minor, Matthew Trace, that is marked, "Not to be withdrawn until minor reaches the age of 18 or without the Order of a Court of competent jurisdiction." 14. Petitioners, Lori Trace and Ronald Trace, natural parents and guardians of Matthew Trace, believe that this Compromise is in the best interests of their minor son, Matthew Trace. WHEREFORE, Petitioners request this Honorable Court to: a. Approve the Compromise stated above; Authorize the payment of counsel fees of $250.00 for services rendered, pursuant to the Contingent Fee Agreement, plus costs and expenses of $173.09 for a total of $423.09 from funds due to the minor; and Direct payment of the net funds due, in accordance with the compromise stated above. Date: ~///0Z., Kas/motions/minor comp/trace.matthew Respectfully submitted, HANDLER H E N N ING-~RO~'~'N B E R G ~ ~'~gc r~ M. Feather, Esq. (z ~/f.D. # 79456 ~ 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioners -4- VERIFICATION We, LORI TRACE and RONALD TRACE, natural parents and guardians of MATTHEW TRACE, a minor, hereby verify that the statements made in the foregoing pleading are true and correct to the best of our knowledge, information, and belief. We 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. ~LD ' tRACE, natural parent and guardian of MATTHEW TRACE, a minor DATE: Exhibit A ~LREFER TO OVERLAY SHEETS . iNCIDENT NUMBER '[~t%.0 O- 038 .,MMONWP-4,L TH OF PENNSYL VAN~. POLICE ACCIDENT REPORT REPORTABLE ~ NON-REPORTABLE PENNDOT USE ONLY CODE 21 . AGENCY NAME STT,1/~ SPR/lqG ?WP POLICE DEFt 4.PATROL .STATION/PRECiNCT 21/212 ZONE 0101 . INVEST ] GA?OR BADGE I~T~L.j' ~ ~.T(..~{~o,. NUMBER 2410 .APPROVED BY ~ BADGE .~/~ ~c?~//~--I'~ NUMBER 8.ARRIVAL J !]"E lO.DAY OF WEEK '. iNVESTIGATiON 02/01/2000 DATE '.ACCIDENT 02/03./2000 DATE .TIME OF DAY 0733 3.# KILLED 114.# INJURED 0 I 2 6.DID VEHICLE HAVE TO BE REMOVED FROM THE SCENE? UNIT 1 UNIT 2 y O. [] yl-]. 8.HAZARDOUS MATERIALS Y ON [] 12.NUMBER OF b~ITS 2 15.PRIV.PROP. [] [] ACCIDENT Y N 17.VENICLE DAMAGE O-NONE UNIT 1-LIGHT 2-MODERATE 3-SEVERE UNIT 19.PENNDOT PROPERTY Y [] N [] ;6.LEGALLY Y N 37.REG. 138-STATE PARKED? [] [] PLATE BKL0057 I PA ;9.PA TITLE OR RJT-OF-STATE VIN 41808447804 ~ ,2.CITY,STATE & ZIPCODE MF~C~G, PA 17055 ;3.YEAR 1988 ;5.MODEL-(NOT 146.I s N [] uuzn BODY TYPE) CA~-"~T'TI~'3~' POINT IMPACT 0 40 N~BER ..... 58.DRIVER NAME G~ N. TAI~TT)'EINT 59.DRIVER ADDRESS 13 STT;VER SPi~ING ~ 60.CITY,STATE & ZIPCODE MECCA'S, PA 17055 61.SEX 162.DATE OF 63.PHONE F ! BIRTH 12/10/1981 717-795-1115 d~.£OMM.VEHIBS.DRIVER yE~N[]i CLASS I 67.CARRIER ~ 6~.CARRIER ADDRESS 69.CITYoSTATE & ZIPCODE 70.USDOT # (~VEH. CONFIG. ~.NO. OF AXLES lice # I~CARGO ~:BODY TYPE 21.MUNICIPALITY SmL%/P_khL SPRIN~ ~ CODE 212 PRINCIPRL ROAD WA Y INFORMATION 22.ROUTE NO.OR STREET NAME 23.SPEED LIMIT 45 SA1011 (SILVER SF~LIN~ lqDAD) OTYPE IO~§~f:gL 1 HIGHWAY 0 INTERSECTING ROAD: 26.ROUTE NO.OR STREET NAME 27.SPEED LIMIT ~TYPE (~ACCESS HIGHWAY --CONTROL IF NOT A T INI~RSECTION: 30.CROSS STREET OR SEGMENT MARKER T-605 (PRF. qBYTER/AN DRIVE) 31.DIRECTION~ E W 32.DISTANCE FROM SITE N~L9~ FROM SITE 30 ~S.OISTANCE WAS MEASURED [] ESTIMATED [] ~CONSTRUCTION ~TRAFFIC PRINCIPAL ZONE --CONTROL FT. III. INTERSECTING 6.LEGALLY Y N 37.REG. '~8.STATE PARKED? [][] PLATE PS05974 PA 39.PA TITLE OR OUT-OF-STATE VIM 41531371804 40.O~NER ~ D. & LORI A. TRACE 41.O4NER ADDRESS 20 W. SIMPSON ST 42.CITY,STATE & ZIPCODE ~CSI~UR~' PA 17055 43.YEAR 1988 I44'MAKE POPJ:) 45.MODEL-(NOT .,~rn~ 46'IN~Srtq · n .... n BODY TYPE) ~.J~,-.,,w.~ ~ ~ ~ . u u.~u (OL 8ODY ~. I~SPEC]AL . I~VEHICLE ~. ~TYPE u~ [ USAGE u J ~ ~ERSHiP u~ ~VEH' CLE : I~DRIVER IOORZVER . ~GRADI ENT Z I PRESENCE 1 } C~DITION Z p6.ORIVER I 5/.STATE ~ N~BER 20~2?~ · 158. OR ] VER NAME I.DRI A. ~ 59.DRIVER ADDRESS 20 W. S~ ST 60.CITY, STATE & ZIPCODE ]~CS~, PA 17055 61 .SEXF I 62.DATEBIRTHOF 01/18/1965 63.PHONE 717-766-2430 6~'COMM'VEN' 165'DRIVER I Y [] N ~ CLASS ~ 67.CARRIER z-~,l~_' 68.CARRIER ADDRESS i69.CITY,STATE I & ZIPCODE PUC# 170-USDOT # IIcc# I |'orrZ'RELEASE"IxIOF "NKoHAZ MA, 175.::i ~XHIBIT A tPUC # .RELEASE OF HAZ MAT YON [] U~KO CENTER FOR HIGHWAY SAFETY ?8.RESPpNDING EMS AGENCY ~.NEDICAL FACILITY ~ ~CCID~ DA'r~: ~PEOPLE INFORMATION · 1- 02/0~/2000 A B C D E F G NAME ADDRESS H [ d K L H 1 1 F ri8 3 1 0 ~ (~Tn~) 4 9 2 B 0 0 2 1 F 35 3 1 0 ~ (~) 0 0 0 B 0 0 2 3 M 9 3 1 0 ~~ ~ ~ 4 9 2, B 0 0 '2 6 M 10 3 1 0 ~~~ ~~ 0 0 0 B 0 0 ~SCRIPTION OF DAMAGED PROPERTY ADDRESS PHONE - . 87.NARRATIVE-IDE~TI~y PRECIPITATING EVENTS~ CAUSATION FACT~S~ SEO~ENCES OF EVENTS, ~ESS STAT~ENTS, AND PROV]OE ADDITIONAL DETAILS, LIKE INSURANCE ]NFORHATION AND LOCATION OF T~ED VEHICLES, IF KN~N. ~011 (S~ S~ ~) IS A ~ (2) ~ ~ ~ ~.q ~ T-605 (PRV.~~ DR) IS A ~ (2) ~ ~ ~ ~ ~ ~011, ~~,Y 30 ~'~'r ~ OF ~ ~~ S~. ~S ~~ ~ ~ ~ ~ ~,~ ~ ~ ~011 ~ ~ ~F T-605, ~,R ~ ~ ~PP~ FAC~ ~ ~ ~ A D~ ~ A ~~, ~ ~ 445 S~ S~ ~. ~ ~ ~'r~ ~ ~'~'IC ~ ~,w~. ~ ~ ~ ~ ~ D~ P~ ~ ~ ~ ~,~ ~ ~; S~ S~ RD, ~ U~ ~ ~T ~ ~ ~ ~ ~ ~R ~ ~ ~. -~ D~ S~E ~ OF ~ ]NSURANCE C~PANY I NS~ANCE ' C~PANY UNIT POLICY NO UNXT POLICY NO ~ 0269674171011 ~ 7096010-~5-38E AME ADDRE: '~ PH~E 88. ~ P. ~ 164 ~ DR-~T,T~, PA 17013 717-249-7691 WITNESSES ~A~E AOeRESS ,,0NE ~ TC NTC .] :.::: :~ USE TEST ~ NO TEST ~PROABLE ~TYPE ~RESULTS : 74. [NVEST [ GAT I ON USE TEST ~ ~O TES~ C~¢CETE? ~]T ~ O O O. ~ ~ REFUSE b~zT'~ O O O. ~ ~ REF~E ~ ~K YES NO PAGE: CENTER FOR HIGHNAY SAFETY ~.REFER TO OVERLAY SHEETS MMON1VEAL TH OF PENNSYL VAI ; PAR CONTINUA 770N SHI]~ REPORTABLE E~ NON-REPORTABLE E~ PENNDOT USE ONLY ! NCIDENT ACCIDENT 'Zlz%00- 038 DATE COUNTY HUN I C l PAL CODE 21 COUP. 212 B C D E F G NAME ADDRESS H I J K L 14 WITH THE PASSE~.wS SIDE REAR OF LT2. 445 SILV~ SPR3/9~ RD WITH HER T,k-n~l" 'ZURN SI6~NAL ACITVATED. THERE ~ ~ TRAFFIC, SO SHE HAD TO ~ FOR TRA~']fJLC TO cT,WAR AND SHE ~S STRUCK FRC~ LTl DRIVER ~ A MINOR HEAD INoq~Y AND REFUSED MEDICAL TREATMSI~T AND TRANSBORTATIC~ BY EMS PERSC~N-EL, I~q'Vl',~ U1 'VI~CT,~. SUS33LIZqt~ Eg:~Z~GE 'IO 'II-IE DRIVERS SIDE REAR AND WAS DR_TVEART,E FRC~ THE SC52qE. U2 DRIVER ~z%s NOT /!NUUR~D, ALTHOU~q ONE OF THE PASSENGERS SUSTAINED A MINOR HEAD INJURY AND REFUSSD M~DICAL TREATMEZN~T AND TRANSPOR'Z~TIC~ BY ~WS P~,, Wh-Fr,W. U2 VE~I~,W. SUSZD/NN~D ~ TO THE PAS~bX3ERS SIDE REAR ASD WAS DRIVEART,~. FRCM THE Sf]~qE. VIOLATIONS INDICATED UNIT 1 UNIT 2L RESULTS - 1~0. SECtiON NUNBERS (ONLY iF CHARGED) TC NTC NO TEST I.'~:i::: .l USE REFUSE ~ NO TEST/ CO~4PLETE? UNK I [ REFUSE / PAGE:~. CENTER F~ HIGH~AY SAFETY ' ' ' IOTIFICATION OF.ACCIDENT INVESTIGATION : SILT,. ~ SPRING TOWNSHIP' POLICE DEPARTh,-'JT (7~7) 1~97'-060~ (717) 7660178 6475 Carlisle Pike, Mechanicsburg, PA 17055 (7~7) 238-e6,~, RE~BLE: Notice is hereby given that the accident indicated below is being investigated Dy Silver Spring Township Police Depart- merit and thJ~t the Commonwealth of Pennsylvania Police Accident Report will be subm tied as prescribed by Section 3746(c) of the Vehic!e Code.` . i, '~. . · '* .* NON-REPORTABLE: This is a NON.REPORTABLE accident as prescribed by the Vehicle Code. The information submitted below is obtained by the Officer for your'convenience in having the proper information for your insurance company. THIS IS THE ONLY INFORMATION THE POUCE WILL HAVE. NO REPORT WILL BE MADE, FOUCE INCIOEN? NUMBER , ' ~ PATROL ZONE TIME AND DATE OF Ab~.T ': .... UNIT# I ' ' :' ?' ' - UNIT#'~ ~. PA ~TLE Off ~.O~-S~EW. ~1~ bS~2Oq ~ ~, . ER 41. ~NER 42. ~. STATE ' 43. Y~R 44~AK[ 59. ~R A~RESS ~ 6g. DRmVER AD.ESS ~ ~ ~. CI~. STATE. & z~P coDE ~ ~ ~"~ I"'~'~°' ~'~ I~ ~ I ,,.,. ~,1,~1~ ~'~"~ ' Y ~ N ~ ~ ~ 64, COMM. VEH ~ 65. DRIVER ~. A~R~S ~. CARRIER AD.ESS ~. Q~, STATE & ~P CO~ 69. CI~, S]ME & ZIP CODE · . I,, ,o. .I., '2~.. ~3~ cx~o ~4. s~. ?~vm. (~3~ c~o ~4. ~CONRG. ~ ~Y W~ ~CONFIG. ~ BODY TY~ '5. ~.OF ~76~H~R~US 77. RELE~EOF~MAT ~5. NO, OF - ~76~HA~R~ Y ~LES ~MATE~A~ Y [J N ~ UNK C: AXLES ~MATERIA~ · 77. RELE~E OF~ MAT ~ COMPANY Exhibit B VERIFICATION We, LORI TRACE and RONALD TRACE, natural parents and guardians of MATTHEW TRACE, a minor, hereby verify that the statements made in the foregoing pleading are true and correct to the best of our knowledge, information, and belief. We 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. LORI TRACE and RONALD TRACE, natural parent and guardian of MATTHEW TRACE, a minor DATE: 81/25/2002 18:31 18564885922 TRAVELERS PL CLAIM Do z PAI[ENI' :GUARDIAN RELEASE AND INDEMNITY AGREEMENT FOR AND IN CONSIDERATION of the payme.t fo me/us of the sum the r~eipt of' which is hereby acknowledged, I~ the father guardian minor, do forever relea,e, acquit, discherge and covenant +o hold harmless --,~,'~o,/'0-~> )~'. ~~ · he~, succeuors and assigns of end ~rom any mhd all a~ions, causes of ecl;on, cl0~ms, demands, d~mages, costs, loss of se~ices, p ~ aama~e wn~cn we may now o~ hereafter have as the pa rents and/or guardian of said minor, end also oil cia ms or rights of acflon for acreage* which fha said minor has or may hereafter have, either before or after__he has reached h/s/her mo~ori~, r~uffing or fo result f~m e ceffmin accident wh[ch occurred on or .bout the. ta~ day of ~c ~~ . ~ I/we further promise fo bTnd myself/ourselves io;ntly end severally, my/our heirs, edrninistrators and executors to repay to +he said ~-~'F.-/¢,'J "~",~.~4.,.~;~:L.z~c C heirs, successors and assigns any sum oF money e~cep+ the sum above ment'oned that he/she/they may hereafter be com- pelled +o pay on .... ' " behalf al sa~d minor because at +he s~d ecclden+. It is further unders+ood ~nd agreed (h~f thls seHlemenf is fha compromise of · doubtful and disputed dole. ~nd that this poymenf is not to be construed as ~n admission of Habili+y on +he p~rt of 5~ ~ ~~ ~ ~we fudher ~ate that ~e have carefully reed the ferego~ng release ~nd ~now the conte~ts thereof, and ~we s~en the same as my/our own free ~c+. ' - - SS: · I / -- m . ~0~ -- ~ rm -- fo me personally known, and who acknowledged the execution of the forecjoi'r~nsfrumenf os~ ,. fr~ ~f ,~d de~d / J NOTARIAL 8~L ] VE~ F. FREED, Nol~jc Cil~ ~ H~sbu~, D~u~ Coun~ My ~mJs~ofl Expires Augus128, ~ ~IBIT B Exhibit C CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, Ronald Trace, natural parent of Matthew Trace, minor, 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 Ginger Walden as a result of inj!.)ries or damages sustained by Matthew Trace in an incident that occurred on ! 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 bv Handler. Henning & Rosenberg, I hereby covenant, promise and agree to pay them for tlneir professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 %) 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 claim. I also authorize counsel to destroy my file three (3) years after tine case is closed. Counsel reserves the right to withdraw if they desire to do so, tot' any reason(s) tlney deem proper. I ACKNOWLEDGE that i have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of tine same. The terms set forth are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /~4/Oday of .,~4/-a:~/~ ,2000. Ronald Trace, natural parent of Matthew Trace, minor EXHIBIT O Handler, Henning & Rosenberg january l8,2002 MATTHEW TRACE 20 W SIMPSON STREET MECHANICSBURG, PA 17055 Invoice# 402 GMF Our file# 204417 00000 Billing through 01/31/2002 EXPENSES 03/22/2000 06/05/2000 01 / ! 8/2002 01/31/2002 01/31/2002 01/31/2002 Postage Costs General Case Expense 23.77 $0.00 45.50 3.6O 12.60 7.29 0.33 $173.09 T--otal expenses incurred Total of new charges for this invoice $173.09 $173.09 $173.09. Total balance now due ~ MATTHEW TRACE, minor, by and through his natural parents and guardians, LORI TRACE, and RONALD TRACE, Petitioners GINGER WALDEN, Respondent iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.02-/-~'~ CIVIL CIVIL ACTION - LAW ORDER AND NOW, this _~ day of ~_~, 2002, upon consideration of the foregoing Petition, IT IS HEREBY ORDERED that the disbursement of funds, including counsel fees and expenses, is approved as set forth in said Petition and the funds shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of $423.09 to Gregory M. Feather, Esq., representing reasonable attorneys' fees and for reimbursement of costs; B. Direct the remaining $576.91 to be placed in an account investing only in securities guaranteed by the United States Government or a Federal Government agency managed by responsible financial institutions, bearing the name of the minor, Matthew Trace, that is marked "Not to be withdrawn until the 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! ~UI ~ C,~ ~ ~'~;;i~t- MATTHEW TRACE, minor, by and through his natural parents and guardians, LORI TRACE and RONALD TRACE, Petitioners GINGER WALDEN, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-604 CIVIL TERM MINOR'S COMPROMISE CIVIL ACTION - LAW PROOF OF DEPOSIT AND NOW, come the Petitioners by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, and, pursuant to the February 6, 2002 Court Order, attach the Proof of Deposit of the minor's settlement proceeds hereto, to wit, the bank certification from Fulton Bank, which is made a part hereof and is marked, "Exhibit DATE: Respectfully submitted, HANDBy: ~i~_R,~E/,~ ER,~:~, NN O NBERG, LLP Harrisburg, PA 17106 717-238-2000 Atty. ID No. 79456 Attorneys for Petitioners ondle.r, nnmg senber g ATTORNEYS AT LA~v' Leslie 13. Handier, Retired W. Scott Henning David H Rosenberg (PA, FLJ Carolyn/VI. ^nner IP^, NY, Matthew S. Crosby (PA, NJ) Gregory M. Feather IPA, NJ) Stephen G. Held Jason C. Imler March 13, 2002 HARRISBURG OFFICE 1300 kinglestown Roac Harrisburg, PA 1711C 717-238-2000 1-800-~22-2224 7 ! 7-233-3029 (fax) LANCASTER OFFICE 140A E King Street Lancaster, PA 17602 717-~r31-4-000 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 wild find a completed Retail Account Agreement to open a new account in the name of: Matthew Trace Tax Identification # 183-72-5403 This deposit in the amount of $576.91 shall be placed in a College Savings Plan Account marked not to be withdrawn without a court order until Matthew reaches the age of 18. His date of birth is October 20, 1990 which means these funds may not be released until October 20, 2008. Thank you for your immediate attention to this matter. Sincerely, Lode A. Snyder Assistant Administrator BANK CERTIFICATION Type of Account Opened ~L~ (ltl~{'~kL ;0~ -~C~nterest Rate. ~,/'j 0 Account# 0I~q- - OITO ! Amount of Deposit Account Opened By Withdrawal Restrictions Court Order Received Date EXHIBIT A CERTIFI'CATE OF DEPOSIT TERMS AND CONDITIONS - SUMMARY Certificate of Deposit Type: Renewed CD #: Account No.: 012-0170891 Principal Amount: 576'.91 Registered Holder Name(s) and Address: MATTHEW TRACE COURT 0RDERE0 RONALD TRACE GUARDIAN NO WD TILL MAJ 10/20/08 CASE #02-604 CIVIL TERM 20 W SIMPSON STREET MECHANICSRURG, PA 17055 TaxlD Number(s): 183-72-5403 individual(s) Sole Proprietor Issue Date: 03/21/2002 Maturity Date: 03/21/2008 Interest Rate: 04. 400 Annual PercentageYieid: 4.50 Interest Distribution Method: Deposit to Account Savings Checking × Add to Principal Issue Check Frequency of Payment: Partnership Corporation Lodge/Similar Org. Bus. Trust Ltd. Liability Co. i Fulton Bank acknowledges receipt of the above-described deposit, subject to collection of any portion thereof made in other than cash, in accordance with the Rules and Regulations for Certificates of Deposit. Fulton Bank Authorized Signature ~[~~'( SA~TDEA L LEE IAJVe have received a copy of the Rules and Regulations For Certificates of Deposit and agree, on behalf of ail Registered Holders, to the terms and conditions of the certificate of deposit. Individuals and Sole Proprietorships: Non-lndividuals: ~.g tl~j..'~.~ Name Signature (secondary) Name Signature (secondary) Name TiUe Signature TitJe Signature TilJe Signature Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or l am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: [al I am exempt from backup withholding, of (b) I have · . not been notified by the Internal Revenue Service that I am ~ubject to backup withholding as a result of ~ a failure to report all interest or dividends, or (c) the I RS has not ifled me that I am no longer subject to backup withholding. - · ~ · ' You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding becauseof underreporting interest or'dividends on your tax return.